The world of the elderly has long been a subject of interest for many disciplines of knowledge. However, this is not the case for law. In general, the legal world has approached old age from an existentialist perspective, focusing on the need for dependence, and from the perspective of the private regulation of issues related to capacity, family and property matters, with a tendency to avoid the understanding of a complexity that goes far beyond these fields. Consequently, the regulations governing the field of old age, specifically those aspects related to the rights of the elderly, are insufficient and often ineffective. This has been underlined in a recent report by the United Nations High Commissioner for Human Rights.
A closer examination of the legal framework on ageing reveals a significant challenge in the form of de facto illicit discrimination. This observation prompts the necessity to re-examine several aspects of the legal landscape in light of the realisation that a significant and growing demographic of individuals do not enjoy the same level of interest, analysis or effective protection of their rights as theoretically guaranteed by contemporary institutions.
The objective of this research group is to analyse the social reality, including the analysis of databases, sociological, health, economic sources, as well as regulations at the international, European, state, regional and local levels, in addition to the jurisprudence of courts. This analysis is conducted with the aim of determining the framework of personal autonomy and the protection of the rights of the elderly. Furthermore, the focus of the group’s activity is on the rights-based approach. This conceptual framework for the process of human development is based on an international regulatory framework for the protection of human rights. It also comprises a particular methodological framework oriented towards the promotion and protection of these rights.