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International Legal Framework for the Protect...

International Legal Framework for the Protection of the Elderly Persons

Author Name : Dr. Premananda Rana Singh, Dr. Shaikh Sahanwaz Islam


The rights recognized in human rights systems are traditionally classified based on the type of rights protected. The most basic rights, civil and political rights ("CPR"), require immediate protection and strong international supervision through individual adjudication of cases and general reports. Economic, social, and cultural rights ("ESCR") are monitored through general reporting and, in very exceptional cases, through individual adjudication of violations. ESCR are often considered "goals or aims" that do not clearly resemble the traditional characteristics of "rights," but that are more closely linked to political processes and economic resources rather than judicial activity.' The rights of the elderly as such are recognized in isolated provisions in international treaties.

The rights meant for the elderly persons in international instruments derived from the principles of dignity and non-discrimination. The rights of elderly persons can be classified into three main categories: protection, participation and image. Protection refers to securing the physical, psychological and emotional safety of elderly persons with regard to their vulnerability to abuse and ill treatment. Participation refers to the need to establish a greater and more active role for elderly persons in society. Image refers to the need to define a more positive, less degrading and discriminatory idea of who elderly persons are and what they are capable of doing. The concept of nuclear family and influence of western civilization affected this usual cycle resulting in misbalance of the normal life of elderly people by defeating thousand years old practice of India where parents are treated as a pious form of God. Nowadays, the parents are becoming burdensome for their child whenever they losses their strength to work and earn that’s why laws in all sphere have come to restore the pre-existing value based principles to protect the interest of elderly person. Available legal, social, moral and governmental norms are analyzed in this article to find out the possible ways by which elderly people’s human rights are infringed and they bound to suffer pain and agony. In this article the researcher tries to present the available national and international laws, policies and guidelines for the protection of the human rights of elderly person in India.

KEYWORDS: Elderly Person, Old age, United Nations, Human Rights, International laws, Legal framework and International mechanism, protection and promotion Diego Rodriguez-Pinzón & Claudia Martin, “The International Human Rights Status of Elderly Persons”, American University International Law Review, Volume-18, Issue-4, 2003.