Elder rights are the

rights Rights are law, legal, social, or ethics, ethical principles of freedom or Entitlement (fair division), entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal sy ...

older adults Old age is the range of ages for people nearing and surpassing life expectancy. People who are of old age are also referred to as: old people, elderly, elders, senior citizens, seniors or older adults. Old age is not a definite biological sta ...

(usually those in the seventh

decade A decade (from , , ) is a period of 10 years. Decades may describe any 10-year period, such as those of a person's life, or refer to specific groupings of calendar years. Usage Any period of ten years is a "decade". For example, the statement ...

of life or older, although this definition is disputed), who in various countries are not recognized as a constitutionally protected class, yet face discrimination across many aspects of society due to their age. Common rights issues faced by elders include age-related job

discrimination Discrimination is the process of making unfair or prejudicial distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong, such as race, gender, age, class, religion, or sex ...

(such as forced age of retirement), lack of access to medical treatments, because of age or age-related obstacles, societal perceptions of ability/disability due to age, and vulnerability to abuse, including financial, physical, psychological, social, and sexual abuse, because of diminished capacity and lack of access to/ability to use

technology Technology is the application of Conceptual model, conceptual knowledge to achieve practical goals, especially in a reproducible way. The word ''technology'' can also mean the products resulting from such efforts, including both tangible too ...

. One of the earliest efforts by the US federal government to protect financial rights of elders was the establishment of

Social Security Welfare spending is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifically to social insurance ...

benefits via the Social Security Act in 1935, providing income to retired individuals who qualify.

Defining elder rights

In 1991, the UNHRC General Assembly established principles to guide and encourage the development of government programs that will protect older persons’ rights by ensuring the independence, participation, care, self-fulfillment and dignity of older people.

Aging and ageism

Upholding and protecting the rights of older adults is vital to addressing problems related to

ageing Ageing (or aging in American English) is the process of becoming older until death. The term refers mainly to humans, many other animals, and fungi; whereas for example, bacteria, perennial plants and some simple animals are potentially biol ...

and

ageism Ageism, also called agism in American English, is a type of discrimination based on one's age, generally used to refer to age-based discrimination against Old age, elderly people. The term was coined in 1969 by Robert Neil Butler to describe this ...

. With the rapid growth of population of older people globally, there has been international efforts to focus on issues associated with

and protection of the elderly in the past decade. As a result,

is recognized and studied as a global issue, an example of which is a survey of tens of thousands of people in more than 50 countries that revealed the majority of the participants as having moderate to high ageist attitudes. Identifying and combating the widespread prevalence of ageism is essential to promoting population health based on the growing evidence of harmful impacts of ageism on the health of older people.

Elder rights movement

As defined by Nina Kohn, an elder rights movement is the "collective effort forganizations and individuals... (coming) together around the common goal of transforming social, political, and legal structures to allow older adults to fully exercise their civil and human rights and liberties." The concept of a unique set of needs and rights of the elderly started in 1930s, during the

Great Depression The Great Depression was a severe global economic downturn from 1929 to 1939. The period was characterized by high rates of unemployment and poverty, drastic reductions in industrial production and international trade, and widespread bank and ...

, with the main focus being on the need for a national pension program to provide financial security to the no longer working elderly. Numerous rival plans (the Townsend Plan, the McClain Movement, the Ham and Eggs Movement) were made to address the issue. Eventually, as part of

Franklin Delano Roosevelt Franklin Delano Roosevelt (January 30, 1882April 12, 1945), also known as FDR, was the 32nd president of the United States, serving from 1933 until his death in 1945. He is the longest-serving U.S. president, and the only one to have served ...

New Deal The New Deal was a series of wide-reaching economic, social, and political reforms enacted by President Franklin D. Roosevelt in the United States between 1933 and 1938, in response to the Great Depression in the United States, Great Depressi ...

, the Social Security Act was passed to meet the need. As the population aged and the aged grew wealthier throughout the second half of the twentieth century, their political influence increased. Organizations such as the American Association of Retired Persons and government bodies such as the Administration on Aging were created to meet their needs. Issues far beyond simple financial security became the focus

Maggie Kuhn Margaret Eliza "Maggie" Kuhn (August 3, 1905 – April 22, 1995) was an Americans, American activist known for founding the Gray Panthers movement, after she was forced to retire from her job at the Age Discrimination in Employment Act, then ...

, angered over her mandatory retirement at 65, launched the Gray Panthers in 1970. Since its establishment, the Gray Panthers have advocated for affordable, intergenerational housing and a single-payer healthcare system. Today, the Grey Panthers leads the Stakeholder Group on Aging, an organization it co-founded, which aims to create an international network of older persons and activists. The National Elder Law Foundation was created out of concern that the elderly might have unique legal needs. The 2006 reauthorization of the Older Americans Act included a project called Choices for Independence, to develop consumer-directed community-based (as opposed to congregate segregated choices such as traditional nursing homes) long-term care options.

Social and financial rights of elders

The Adult Protective Services provide services for older individuals, who have been abused, neglected or exploited. Recently, there has been efforts to research and address elder abuse issues through passage of laws such as Elder Abuse Prevention and Prosecution Act of 2017. One of the earliest efforts by the US federal government to protect financial rights of elders was the establishment of

benefits via the Social Security Act in 1935, providing income to retired individuals who qualify. The law was amended in 1972 to add

Supplemental Security Income Supplemental Security Income (SSI) is a means-tested program that provides cash payments to disabled children, disabled adults, and individuals aged 65 or older who are citizens or nationals of the United States. SSI was created by the Social S ...

, which provides cash assistance to individuals, 65 years of age or older. The passage of The Age Discrimination in Employment Act of 1967 further protected the financial rights of older people by prohibiting employers from discriminating against people who are 40 years of age or older.

Health, healthcare, and medico-legal rights of older adults

One area where older adults experience particular vulnerability, is in healthcare and health decision-making. Worsening chronic illnesses, cognitive impairment, and limitations in functional status are all examples of changes that occur later in life, that can increase an older adult's level of dependency on a caregiver. This dependency leaves elderly people at a greater risk of experiencing

abuse Abuse is the act of improper usage or treatment of a person or thing, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices, ...

. According to the National Institute on Aging, elder abuse can occur when older adults are living away from home in a skilled nursing facility or assisted living facility, or even when they are living with family. While abuse can occur to anyone, older adults with impaired cognitive function due to

dementia Dementia is a syndrome associated with many neurodegenerative diseases, characterized by a general decline in cognitive abilities that affects a person's ability to perform activities of daily living, everyday activities. This typically invo ...

or with great medical need, are especially vulnerable. Signs of abuse include a disheveled appearance, unexplained bruises or scars, unexplained weight loss, recurrent bed sores, and lacking in supportive medical devices like glasses or hearing aides. While elder abuse continues to be an ongoing problem, there are some protections in place for older adults. One of such protection is the Long-Term Care Ombudsman Program, which advocates for the rights of adults in nursing homes, assisted living facilities, and other residential settings. Despite such programs, there is still much progress to be made in defending the rights of elder adults. The

COVID-19 Coronavirus disease 2019 (COVID-19) is a contagious disease caused by the coronavirus SARS-CoV-2. In January 2020, the disease spread worldwide, resulting in the COVID-19 pandemic. The symptoms of COVID‑19 can vary but often include fever ...

pandemic exposed previously ignored vulnerabilities in nursing homes, particularly their risk of exposing elder adults to avoidable injury and illness. According to a 2021 report by the

Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization that conducts research and advocacy on human rights. Headquartered in New York City, the group investigates and reports on issues including War crime, war crimes, crim ...

, over 178,000 COVID-19 deaths were linked to nursing facilities comprising up to 40 percent of total deaths in the United States. These deaths have been attributed to long-standing staffing shortages and resident neglect.

Milestones in elder rights development

Notable elder rights activists

* Ethel Percy Andrusfounder of

AARP AARP, formerly the American Association of Retired Persons, is an interest group in the United States focusing on issues affecting those 50 and older. The organization, which is headquartered in Washington, D.C., said it had more than 38 ...

* David Hobmancreator of Age Concern England *

founder of the Gray Panthers * Paul Kuniholm elder rights artist * Gordon Lishmancreator of Age UK * Helen Levitov Sobell * John Swinburnefounder of the Scottish Senior Citizens Unity Party * Valerie Taylor * Francis Townsendcreator of the Townsend Plan

Specific jurisdictions

* Elder law in India * Elder law (United States) ** Elder law (Massachusetts)

References

{{reflist Old age in the United States Activism Human rights Elder law