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Law, rights and elder people - DyPM

Reference of the Group:

GIUV2023-578

 
Description of research activity:
The world of the elderly has long been a subject of interest in many disciplines of knowledge. Not so in the law. In general, old age has been approached by the legal world from the point of view of assistance, need and dependence, and from regulation in the private sphere of issues related to capacity and family and property matters, avoiding the understanding of a complex issue that goes far beyond these fields. The consequence of this reality is that the regulations that govern the area of old age, specifically aspects relating to the rights of elderly people, are insufficient and often ineffective. This has been underlined in a recent report by the United Nations High Commissioner for Human Rights. A closer look at legal matters in the world of aging quickly gives way to the realization that we are facing a serious problem of de facto illegal discrimination, and we cannot help but perceive that there are several issues that must be reconsidered in light of the discovery that a very important and growing group of people do not have the interest, analysis or effective protection of rights that contemporary constitutions theoretically guarantee. The research activity of those who...The world of the elderly has long been a subject of interest in many disciplines of knowledge. Not so in the law. In general, old age has been approached by the legal world from the point of view of assistance, need and dependence, and from regulation in the private sphere of issues related to capacity and family and property matters, avoiding the understanding of a complex issue that goes far beyond these fields. The consequence of this reality is that the regulations that govern the area of old age, specifically aspects relating to the rights of elderly people, are insufficient and often ineffective. This has been underlined in a recent report by the United Nations High Commissioner for Human Rights. A closer look at legal matters in the world of aging quickly gives way to the realization that we are facing a serious problem of de facto illegal discrimination, and we cannot help but perceive that there are several issues that must be reconsidered in light of the discovery that a very important and growing group of people do not have the interest, analysis or effective protection of rights that contemporary constitutions theoretically guarantee. The research activity of those who apply to be icorporated into the research group is precisely aimed, initially, at analysing the social reality (from databases, sociological, health, economic sources, etc.), regulations (international, European, state, regional and local, as well as the jurisprudence of courts) and public policy that determines the framework of personal autonomy and protection of the rights of the elderly. The focus of the activity then becomes the human rights-based approach (HRBA). This HRBA is a conceptual framework for the human development process, a normative framework based on international standards for the protection of human rights and a particular methodological framework, aimed at their promotion and protection.
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Web:

https://www.uv.es/dypm

 
Scientific-technical goals:
  • Analisis de ambitos y casos en los que las personas mayores sufren discriminacion.
  • Analisis de la normativa internacional relacionada con los derechos de las personas de edad avanzada (ONU, UE, Cjo Europa, OEA).
  • Analisis del derecho español, en sus niveles estatal, autonomico y local, y su incidencia en los derechos de los mayores.
  • Analisis del derecho comparado en el mismo ambito.
  • Analisis de la jurisprudencia del TEDH y del Tribunal Constitucional sobre la proteccion de los derechos de las personas mayores.
 
Research lines:
  • older persons as subjects of rights.Older people are legal subjects, not only passive citizens and beneficiaries. Therefore, they enjoy the same guarantees as other people and have responsibilities towards themselves, their family and their society.
  • The fundamental rights of older people.Fundamental rights acquire a specific profile when the subjects referred to are considered to be 'in a situation of vulnerability'. This is the case for older people.
  • Ageism and discrimination.Older people are subject to stereotypes and prejudices that result in discrimination that is contrary to human rights. This line stops and analyses the relationship between them.
 
Group members:
Name Nature of participation Entity Description
FERNANDO FLORES GIMENEZDirectorUniversitat de València
Research team
FABIOLA MARIA MECO TEBARCollaboratorUniversitat de València
MARIA AMPARO DALLI ALMIÑANACollaboratorUniversitat de València
Aída Diaz - Tendero BollainCollaboratorUniversidad Complutense de Madridfull-time trainee professor (doctor)
ANA TORRECILLAS MARTÍNEZCollaboratorUniversidad de Extremaduraprofessor
IRENE LEBRUSAN MURILLOCollaboratorUniversidad Autónoma de Madridfull-time trainee professor (doctor)
 
CNAE:
  • -
 
Keywords:
  • Personas mayores; autonomía; sujetos de derechos. Capacidad
  • Derechos fundamentales; personas mayores
  • Edadismo; discriminación