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This book provides a comprehensive human rights analysis of key areas of law affecting older persons, including legal capacity; elder abuse; accommodation and aged care; healthcare; employment; financial security, retirement, and estate planning; and social and cultural participation. The research identifies individual autonomy and participation in decision-making as fundamental to a human rights-based approach to elder law. The book argues that a paradigm shift must occur away from traditional medical and charity-based understandings of ‘old age’ to instead acknowledge older persons as active holders of enforceable rights. The book argues that a Convention on the Rights of Older Persons is an essential tool in achieving this, but that even without a dedicated treaty there is much to be gained from a human rights-based approach. Significantly, because the issues arising in ‘old age’ are often the culmination of experiences occurring throughout the life course, a human rights-based approach to elder law must begin with a commitment to human rights for people of all ages.
This book focuses on descriptions of the developments in legal frameworks and policies regarding the human rights of older persons. First, it covers the policies adopted and practices developed at the universal system, particularly within the sphere of the United Nations. Second, it includes a side-by-side comparison of the work of regional human rights mechanisms, which have picked up some momentum in the past decade. Through its inclusion of law, policy, and current processes, the widest net possible has been cast to collect a descriptive resource for advocates. Overall, we hope that this book contributes to a better understanding of the current limitations and possibilities that international institutions offer to uphold the human rights of older persons. We expect that this information will allow states and other policy makers to move forward with the international recognition of the human rights of older persons. We know this is only a first effort in compiling and reporting the standards that are being produced by different international institutions. But we have no doubt that many others will follow with their expert analysis of these emerging standards, and that the ongoing discussion will finally crystalize in international human rights binding instruments explicitly recognizing the universal rights of older persons.
Family caregiving affects millions of Americans every day, in all walks of life. At least 17.7 million individuals in the United States are caregivers of an older adult with a health or functional limitation. The nation's family caregivers provide the lion's share of long-term care for our older adult population. They are also central to older adults' access to and receipt of health care and community-based social services. Yet the need to recognize and support caregivers is among the least appreciated challenges facing the aging U.S. population. Families Caring for an Aging America examines the prevalence and nature of family caregiving of older adults and the available evidence on the effectiveness of programs, supports, and other interventions designed to support family caregivers. This report also assesses and recommends policies to address the needs of family caregivers and to minimize the barriers that they encounter in trying to meet the needs of older adults.
Europe is ageing. However, in many European countries, and in almost all fields of life, older persons experience discrimination, social exclusion, and negative stereotypes that portray them as different or a burden to society. This pivotal book is the first of its kind, providing a rich and diverse analysis of the inter-relationships between ageing, ageism and law within Europe.
Rights of the Elderly provides an overview of the history of this timely topic and the opinions surrounding it--from the Social Security Act of 1935 to the current activism of groups such as AARP and the Gray Panthers. Examining recent court cases such as Kathi Cooper et al. v. IBM Personal Pension Plan and IBM Corporation and documents such as The Age Discrimination in Employment Act of 1967, this new volume provides multiple perspectives and decisions surrounding this issue while also plotting a course for the future of legislative action. A comprehensive and up-to-date overview essay, capsule biographies, a large annotated bibliography, a chronology of significant events, organization and agency listings, and a glossary provide useful information for students, teachers, librarians, older persons, activists, policy makers, and the general reader interested in this controversial issue.
All over the world, there is a growing interest in the relationship between law and aging: How does the law influence the lives of older people? Can rights, advocacy and representation advance the social position of the aged and combat ageism? What are the new and cutting-edge frontiers in the field of elder law? Should there be a new international human rights convention in this field? These are only a few of the many questions that arise. This book attempts to answer some of these questions and to set the agenda for the future development of elder law across the globe. Taking into account existing research and knowledge, leading scholars from different continents (North America, Europe, Asia, and Australia) present in this book original and novel ideas regarding the future development of elder law. These ideas touch upon key topics such as elder guardianship, citizenship, mental capacity, elder abuse, human rights and international law, family relationships, age discrimination, and the right to die. This book can thus serve as an important reference work for all those interested in understanding where law and aging are headed, and for those concerned about the future legal rights of older persons.
The WHO World report on ageing and health is not for the book shelf it is a living breathing testament to all older people who have fought for their voice to be heard at all levels of government across disciplines and sectors. - Mr Bjarne Hastrup President International Federation on Ageing and CEO DaneAge This report outlines a framework for action to foster Healthy Ageing built around the new concept of functional ability. This will require a transformation of health systems away from disease based curative models and towards the provision of older-person-centred and integrated care. It will require the development sometimes from nothing of comprehensive systems of long term care. It will require a coordinated response from many other sectors and multiple levels of government. And it will need to draw on better ways of measuring and monitoring the health and functioning of older populations. These actions are likely to be a sound investment in society's future. A future that gives older people the freedom to live lives that previous generations might never have imagined. The World report on ageing and health responds to these challenges by recommending equally profound changes in the way health policies for ageing populations are formulated and services are provided. As the foundation for its recommendations the report looks at what the latest evidence has to say about the ageing process noting that many common perceptions and assumptions about older people are based on outdated stereotypes. The report's recommendations are anchored in the evidence comprehensive and forward-looking yet eminently practical. Throughout examples of experiences from different countries are used to illustrate how specific problems can be addressed through innovation solutions. Topics explored range from strategies to deliver comprehensive and person-centred services to older populations to policies that enable older people to live in comfort and safety to ways to correct the problems and injustices inherent in current systems for long-term care.
"The updated Third Edition of Geriatrics and the Law by the leading scholar in law and old age belongs on the desk of every hospital and long-term care administrator, Director of Nursing, and Medical Director. It is the most comprehensive volume available on the topic. The book provides clearly written legal and ethical principles and their implications and applications."--Elias S. Cohen, JD, Executive Director, Community Services Systems, Inc. Significant changes in the law are affecting patients' rights and professionals' responsibilities in providing clinical services to the elderly. This edition of Kapp's successful text continues to inform and sensitize health care professionals about the legal issues, and offers practical advice and guidance to practitioners in a variety of disciplines. The text has been thoroughly updated and, where appropriate, expanded. Topics woven into each chapter include: implications of the relevant statutes, regulations, judicial opinions, private guidelines, and discussion of new laws. This practical book is a valuable and useful resource for practitioners, health care students, and educators. It contains extensive references and a helpful Appendix of Resources.