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Author: Bridget Lewis
Publisher: Springer Nature
ISBN: 9811567352
Category : Law
Languages : en
Pages : 338
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Book Description
This book provides a comprehensive human rights analysis of key areas of law affecting older persons, including legal capacity; elder abuse; accommodation and aged care; healthcare; employment; financial security, retirement, and estate planning; and social and cultural participation. The research identifies individual autonomy and participation in decision-making as fundamental to a human rights-based approach to elder law. The book argues that a paradigm shift must occur away from traditional medical and charity-based understandings of ‘old age’ to instead acknowledge older persons as active holders of enforceable rights. The book argues that a Convention on the Rights of Older Persons is an essential tool in achieving this, but that even without a dedicated treaty there is much to be gained from a human rights-based approach. Significantly, because the issues arising in ‘old age’ are often the culmination of experiences occurring throughout the life course, a human rights-based approach to elder law must begin with a commitment to human rights for people of all ages.
Author: Bridget Lewis
Publisher: Springer Nature
ISBN: 9811567352
Category : Law
Languages : en
Pages : 338
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Book Description
This book provides a comprehensive human rights analysis of key areas of law affecting older persons, including legal capacity; elder abuse; accommodation and aged care; healthcare; employment; financial security, retirement, and estate planning; and social and cultural participation. The research identifies individual autonomy and participation in decision-making as fundamental to a human rights-based approach to elder law. The book argues that a paradigm shift must occur away from traditional medical and charity-based understandings of ‘old age’ to instead acknowledge older persons as active holders of enforceable rights. The book argues that a Convention on the Rights of Older Persons is an essential tool in achieving this, but that even without a dedicated treaty there is much to be gained from a human rights-based approach. Significantly, because the issues arising in ‘old age’ are often the culmination of experiences occurring throughout the life course, a human rights-based approach to elder law must begin with a commitment to human rights for people of all ages.
Author: Israel (Issi) Doron
Publisher: Edward Elgar Publishing
ISBN: 1788972112
Category : Law
Languages : en
Pages : 224
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Book Description
Europe is ageing. However, in many European countries, and in almost all fields of life, older persons experience discrimination, social exclusion, and negative stereotypes that portray them as different or a burden to society. This pivotal book is the first of its kind, providing a rich and diverse analysis of the inter-relationships between ageing, ageism and law within Europe.
Author: Israel Doron
Publisher: Springer Science & Business Media
ISBN: 3540789545
Category : Family & Relationships
Languages : en
Pages : 165
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Book Description
This book is about trying to answer questions. These questions were well introduced by Prof. Margaret Hall in the opening of her chapter in this book: “The fundamental idea of ‘law and aging’ as a discrete category of legal principle and theory is controversial: how and why are ‘older adults’ or ‘seniors’ or ‘elders’ (the very terminology is controversial and fraught with difficulties) a discrete and distinct group for whom ‘special’ legal thought and treatment is justified? For some, a category of law and aging is inherently paternalistic, suggesting that older persons are, like children, especially in need of the protection of the law. In this sense, the argument continues, the category itself internalizes ageist presumptions about older adults and is therefore inherently flawed and even harmful. If certain older adults are, because of physical or mental infirmities, genuinely in need of an enhanced level of legal protection, this entitlement should be conceptualized in terms of their disability; older adults are not a distinct group but an arbitrarily delineated demographic category which contains within it any number of groups that are legitimately distinct for the purposes of legal theory (the di- bled; women; persons of colour; Aboriginal persons; rich and poor; etc.) Indeed, the arti- cial category of “older adults” may be seen as obfuscating, submerging these more meaningful distinctions.
Author: Lawrence A. Frolik
Publisher: Temple University Press
ISBN: 9781566396530
Category : Law
Languages : en
Pages : 716
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Book Description
A collection of 47 portions of essays, articles, and books addressing many of the social, political, and legal problems occasioned by having an increasing number of older Americans. First defines and explores the emerging field of elder law, then looks at such dimensions as work, income, and wealth; housing; mental capacity; health care decision making; long-term care; health care finance; family and social issues; abuse, neglect, victimization, and elderly criminals; and legal representation and ethical considerations. Annotation copyrighted by Book News, Inc., Portland, OR
Author: Helen Meenan
Publisher: Routledge
ISBN: 1317910737
Category : Law
Languages : en
Pages : 230
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Book Description
People are leading significantly longer lives than previous generations did, and the proportion of older people in the population is growing. Residential care for older people will become increasingly necessary as our society ages and, we will require more of it. At this moment in time, the rights of older people receive attention at international and regional levels, with the United Nations, the Organization of American States and the African Union exploring the possibility of establishing new conventions for the rights of older persons. This book explores the rights of older people and their quality of care once they are living in a care home, and considers how we can commence the journey towards a human rights framework to ensure decent and dignified care for older people. The book takes a comparative approach to present and future challenges facing the care home sector for older people in Africa (Kenya), the Arab world (Egypt), Australia, China, England, Israel, Japan and the USA. An international panel of experts have contributed chapters, identifying how their particular society cares for its older and oldest people, the extent to which demographic and economic change has placed their system under pressure and the role that residential elder care homes play in their culture. The book also explores the extent to which constitutional or other rights form a foundation to the regulatory and legislative structures to residential elder care and it examines the important concept of dignity. As a multi-regional study of the care of older person from a human rights perspective, this book will be of excellent use and interest, in particular to students and researchers of family and welfare law, long-term care, social policy, social work, human rights and elder law.
Author: Community Research Applications, Inc
Publisher:
ISBN:
Category : Legal assistance to older people
Languages : en
Pages : 158
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Book Description
Author: Marshall B. Kapp
Publisher:
ISBN:
Category : Family & Relationships
Languages : en
Pages : 244
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Book Description
Therapeutic Jurisprudence (TJ) is a way of exploring the ways in which the law in practice (as opposed to theory) can exert positive or negative effects on real people in actual situations. This book applies the inquiries of TJ to the areas of geriatrics and gerontology, focusing on facets of laws pertaining specifically to older persons in the United States. Through a series of thoroughly referenced chapters, mixing analytic discussion and case examples, Kapp asks such questions as: Is legal involvement and intervention in the lives of older persons a good thing for both the intended beneficiaries and society as a whole? What is therapeutic jurisprudence and why is it relevant to older Americans? What is the intent of the laws pertaining to older persons in such contexts as nursing home and home health care regulation; end-of-life medical decision-making; regulation of research involving older persons as human subjects; the role of consumer choice and control for older persons in selecting among health plans and directing their own long term care; guardianship and other interventions for the incapacitated aged; employment; retirement; age discrimination; and the professional liability tort system? Most importantly, when regulation fails, what are our best alternatives as advocates for the elderly, and for our future selves? "This book should be a must-read for legislators and policy-makers dealing with the elderly. Advocacy groups for the elderly would also be well served to read this book." -- Margaret Davino, Care Management Journals
Author: Jo Harris-Wehling
Publisher: National Academies
ISBN:
Category : Long-term care facilities
Languages : en
Pages : 314
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Book Description
Author: Marshall Kapp
Publisher: Jones & Bartlett Learning
ISBN: 0763756326
Category : Business & Economics
Languages : en
Pages : 374
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Book Description
A wide variety of legal issues surround caring for older individuals. Health and human service practioners need to plan, provide and evaluate geriatric care, while also understanding public policies. Legal knowledge is an essential part of caring for the elderly. Students and professionals must be able to deliver appropriate care while also being aware of any legal, ethical and pilitical issues that may arise. Legal Aspects of Elder Care provides a clear overview of geriatric policies and laws, enabling the reader to use informed decision-making with older clients.
Author: United States. Congress. House. Committee on Education and Labor. Subcommittee on Healthy Families and Communities
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 48
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Book Description
