Elder rights are the

rights Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory ...

older adults Old age refers to ages nearing or surpassing the life expectancy of human beings, and is thus the end of the human life cycle. Terms and euphemisms for people at this age include old people, the elderly (worldwide usage), OAPs (British usage ...

(usually those in the seventh

decade A decade () is a period of ten years. Decades may describe any ten-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 that "d ...

of life or older, although this definition is disputed), who in various countries are not recognized as a constitutionally

protected class A protected group, protected class (US), or prohibited ground (Canada) is a category by which people qualified for special protection by a law, policy, or similar authority. In Canada and the United States, the term is frequently used in connec ...

, 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 act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of Racial discrimination, r ...

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

Social Security Welfare, or commonly social welfare, 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 specifical ...

benefits via the

Social Security Act The Social Security Act of 1935 is a law enacted by the 74th United States Congress and signed into law by US President Franklin D. Roosevelt. The law created the Social Security program as well as insurance against unemployment. The law was p ...

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 ( BE) or aging ( AE) is the process of becoming older. The term refers mainly to humans, many other animals, and fungi, whereas for example, bacteria, perennial plants and some simple animals are potentially biologically immortal. In ...

and

ageism Ageism, also spelled agism, is discrimination against individuals or groups on the basis of their age. The term was coined in 1969 by Robert Neil Butler to describe discrimination against seniors, and patterned on sexism and racism. Butler defi ...

. 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 (19291939) was an economic shock that impacted most countries across the world. It was a period of economic depression that became evident after a major fall in stock prices in the United States. The economic contagion ...

, 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), often referred to by his initials FDR, was an American politician and attorney who served as the 32nd president of the United States from 1933 until his death in 1945. As the ...

New Deal The New Deal was a series of programs, public work projects, financial reforms, and regulations enacted by President Franklin D. Roosevelt in the United States between 1933 and 1939. Major federal programs agencies included the Civilian Cons ...

, the

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 AARP (formerly called the American Association of Retired Persons) is an interest group in the United States focusing on issues affecting those over the age of fifty. The organization said it had more than 38 million members in 2018. The magazin ...

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 American activist known for founding the Gray Panthers movement, after she was forced to retire from her job at the then-mandatory retirement age of 65. The Gray Pant ...

, angered over her

mandatory retirement Mandatory retirement also known as forced retirement, enforced retirement or compulsory retirement, is the set age at which people who hold certain jobs or offices are required by industry custom or by law to leave their employment, or retire. As ...

at 65, launched the

Gray Panthers The Gray Panthers are a series of multi-generational local advocacy networks in the United States which confront ageism and many other social justice issues. The organization was formed by Maggie Kuhn in response to her forced retirement from th ...

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 Activism (or Advocacy) consists of efforts to promote, impede, direct or intervene in social, political, economic or environmental reform with the desire to make changes in society toward a perceived greater good. Forms of activism range fro ...

. 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 The Older Americans Act of 1965 (, ) was the first federal level initiative aimed at providing comprehensive services for older adults. It created the National Aging Network comprising the Administration on Aging on the federal level, State Units ...

included a project called Choices for Independence, to develop consumer-directed community-based (as opposed to congregate segregated choices such as traditional

nursing homes A nursing home is a facility for the residential care of elderly or disabled people. Nursing homes may also be referred to as skilled nursing facility (SNF) or long-term care facilities. Often, these terms have slightly different meanings to i ...

) long-term care options.

Social and financial rights of elders

The

Adult Protective Services In the United States, Adult Protective Services (APS) are social services provided to abused, neglected, or exploited older adults and adults with significant disabilities. APS is typically administered by local or state health, aging, or regulator ...

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 On October 18. 2017, President Trump signed into law the Elder Abuse Prevention and Prosecution Act of 2017 (P.L. 115–70), identifying the need for data on elder abuse. An elder abuse case has many stages from the incident through investigation ...

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

benefits via the

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 Se ...

, 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 Cognitive deficit is an inclusive term to describe any characteristic that acts as a barrier to the cognition process. The term may describe * deficits in overall intelligence (as with intellectual disabilities), * specific and restricted defici ...

, 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 improper usage or treatment of a 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, crimes, or other t ...

. According to the

National Institute on Aging The National Institute on Aging (NIA) is a division of the U.S. National Institutes of Health (NIH), located in Bethesda, Maryland. The NIA itself is headquartered in Baltimore, Maryland. The NIA leads a broad scientific effort to understand the ...

, 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 disorder which manifests as a set of related symptoms, which usually surfaces when the brain is damaged by injury or disease. The symptoms involve progressive impairments in memory, thinking, and behavior, which negatively affec ...

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 Pressure ulcers, also known as pressure sores, bed sores or pressure injuries, are localised damage to the skin and/or underlying tissue that usually occur over a bony prominence as a result of usually long-term pressure, or pressure in combi ...

, 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 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, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human ri ...

, 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 Andrus Ethel Percy Andrus (September 21, 1884 – July 13, 1967) was a long-time educator and the first woman high school principal in California. She was also an elder rights activist and the founder of AARP in 1958. In 1993 she was inducted into t ...

founder of

AARP AARP (formerly called the American Association of Retired Persons) is an interest group in the United States focusing on issues affecting those over the age of fifty. The organization said it had more than 38 million members in 2018. The magazin ...

* David Hobmancreator of Age Concern England *

founder of the

* Paul Kuniholm elder rights artist * Gordon Lishmancreator of

Age UK Age UK is a registered charity in the United Kingdom, formed on 25 February 2009, and launched on 1 April 2009, which combined the operations of the previously separate charities Age Concern England and Help the Aged to form the UK's largest ch ...

* Helen Levitov Sobell * John Swinburnefounder of the Scottish Senior Citizens Unity Party * Valerie Taylor *

Francis Townsend Francis Everett Townsend (; January 13, 1867 – September 1, 1960) was an American physician and political activist in California, In 1933 he devised an old-age pension scheme to help alleviate the Great Depression. Known as the " Townsend Pla ...

creator of the Townsend Plan

Specific jurisdictions

Elder law in India The rights of older persons are the entitlements and independence claimed for senior citizens (i.e. above 60 years of age). Elderly rights are one of the fundamental rights of India. The International Day of older persons is celebrated annually on ...

Elder law (United States) Elder law is an area of legal practice that specializes on issues that affect the aging population. The purpose of elder law planning is to prepare the elderly person for financial freedom and autonomy through proper financial planning and long-ter ...

** Elder law (Massachusetts)

References

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