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Bridget Lewis, Kelly Purser and Kirsty Mackie: The Human Rights of Older Persons: A Human Rights-Based Approach to Elder Law

Published online by Cambridge University Press:  22 February 2022

Philip Czech
Affiliation:
University of Salzburg
Lisa Heschl
Affiliation:
University of Graz
Karin Lukas
Affiliation:
Ludwig Boltzmann Institut für Menschenrechte, Austria
Manfred Nowak
Affiliation:
University of Vienna
Gerd Oberleitner
Affiliation:
European Training and Research Centre for Human Rights and Democracy, University of Graz
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Summary

In 2050, approximately two billion people worldwide will be at least 60 years old. It is predicted that the number of persons aged 60 and older will nearly double between 2015 and 2050, climbing from 12–22% of the global population. By then, there will be more elderly people than children and young adults aged 10 to 24. While the ageing population provides many benefits, such as pursuing higher education and spending more time with loved ones, it also comes with several hardships. As life expectancies rise and birth rates fall, the world is experiencing a demographic transition. Our societies face several challenges because of the associated economic and social developments, yet legislative responses so far have been insufficient or unsuitable, failing to adequately address systemic issues such as ageism and elder abuse. In many cases, legislation intended to help or protect older people inadvertently perpetuates human rights violations, either via poor design, lack of resources, limitation of access to justice or a combination of these elements. In The Human Rights of Older Persons: A Human Rights-Based Approach to Elder Law, authors Bridget Lewis, Kelly Purser and Kirsty Mackie argue that a human rights-based approach offers a stronger framework for the creation and implementation of all legislation that affects and interacts with the lives of the elderly. This approach promises to aid in changing community views about older people, moving away from conceptions focused on dependency and protection and toward a deeper appreciation of each individual's inherent dignity, autonomy and capability, regardless of age.

In light of the expanding population of senior citizens, this book could not be more timely or relevant. The authors start by explaining and defining basics like elder law and ageism, followed by an overview of the existing framework for protecting the human rights of older persons. Even though there is a framework that could protect the elderly, it often fails to do so. A human rights approach does offer a comprehensive and well developed set of standards to evaluate existing elder legislation, identify flaws and devise more acceptable solutions.

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Publisher: Intersentia
Print publication year: 2021

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