engleski

Is there any (legal) future for the elderly?

The paper deals with the protection of personal interests of elderly persons, both by their families, i.e. relatives, and by the state, i.e. its institutions. Ageing is a process often connected to physical and mental health impairment and as a consequence, elderly persons are frequently considered a particularly sensitive social group in many respects. The paper discusses the tendencies in the protection of elderly persons, the existing provisions pertaining to the protection of elderly persons found in international law, and the possibilities and scope of (future) instruments of international law concerning the protection of elderly persons. In addition, the paper discusses the principles of self-determination and protection of dignity, particularly with regard to the possibility of making advance directives and their role in deciding about personal rights. This primarily pertains to decisions regarding the appointment of guardians (assistants), the place of living (e.g. placement in a home for the elderly), medical treatment, palliative care, etc. The said institutes, principles and tendencies are analysed from the viewpoint of international law, but also in the context of Croatian legislation. The paper, in fact, presents an analysis of family legislation relating to the protection of elderly family members. First and foremost, this pertains to guardianship legislation de lege lata, and a need for reforms in the area as a result of the latest tendencies. Further, the social welfare system is analysed, along with the possibilities for the protection of elderly persons within that system, especially pursuant to the provisions governing the right to care, in-home assistance, belonging to various types of day centres for the elderly, placement in homes for the elderly, etc. The paper also presents data on the demographic composition of the population of the Republic of Croatia, statistical data about the social welfare system for elderly persons, and an analysis of a number of guardianship documents pertaining to elderly persons who no longer have legal capacity and to the protection of their personal rights.

elderly; human rights

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