European law and elderly people’s freedom to lead an autonomous life
Type de matériel :
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The recommendation (2014) 2 of the European Council introduces changes in the protection of the elderly. States must take care of elderly people so that they “have the right to lead a self-governing and autonomous life.” On one hand, this legal instrument encourages States to acknowledge elderly people’s right to make independent decisions. Some countries have introduced practices that promote the respect of elderly people’s private lives. They should be able to make autonomous decision on any question concerning inheritance, income, place of domicile, medical care, etc. However, tough restrictions are sometimes necessary due to the health of the elderly person. On the other hand, the recommendation highlights that independence implies the right of elderly people to engage in society. The right to sufficient resources is therefore fundamental. When defining an employment policy, it is essential that older people should not be overlooked. There should be no prejudice against their recruitment. A promotion of active ageing through social and cultural activities ensures their ability to participate in community life. Elderly people’s right to lead an autonomous life would however be meaningless if jurisdictional procedures are not defined. The European Council suggests that member states should take measures to adapt judicial rules to the needs of the elderly. Judiciary assistance could be granted, a special administrating structure be created, judiciary authorities could show special involvement. The recommendation (2014) 2 could be taken as a model, once a compelling international convention is passed.
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