Journal articles on the topic 'Older people Legal status'
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1
Yamamoto, Miwa, and Yoko Aso. "Placing Physical Restraints on Older People with Dementia." Nursing Ethics 16, no. 2 (March 2009): 192–202. http://dx.doi.org/10.1177/0969733008100079.
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This study aimed to clarify the coping strategies of nurses working in general wards who face the ethical dilemma of restraining older people with dementia. The participants were 272 nurses working in general wards in the Kansai region of Japan. Coping strategies were measured using a questionnaire consisting of 16 items. A low score of 1—4 points suggested good coping strategies. Factors were difficult to interpret for three of the 16 coping items identified; these items were therefore deleted. Eleven of the remaining 13 items were used for analysis. An explanatory factor analysis revealed three factors concerning coping with ethical dilemma: (1) self-initiated positive cognition and action; (2) negative cognition and action; and (3) choosing not to act, or maintaining the status quo. These findings highlight the need for programs that could disseminate effective coping strategies among nurses faced with the ethical dilemma of restraining older people with dementia.
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Bertovsky, Lev V. "FEATURES OF INTERVIEW OF ELDERLY PEOPLE." RUDN Journal of Law 24, no. 4 (December 15, 2020): 1100–1121. http://dx.doi.org/10.22363/2313-2337-2020-24-4-1100-1121.
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Relevance . The article considers current problems of a criminal procedural and forensic nature common for search and cognitive activities when dealong with older people with cognitive impairment. Successful developments in the field of medicine, an overall increase in the standard of living of the population, and the quality of social security have extended life span expectancy and, accordingly, led to the increase of the total number of older people. People from this category are increasingly involved in the orbit of criminal proceedings as witnesses and victims, and often as defendants (suspects). It should be understood and taken into account that, due to various diseases, changes in the mental state, social status of these persons and other reasons, obtaining verbal criminally relevant information from such participants in the criminal proceedings demonstrate certain specifics. However, at the moment, there are no forensic developments aimed at optimizing investigative actions involving older people. Relevant scientific research on this issue has not been conducted either in Russia or abroad. The aim of the work is the need to ensure the full realization of the rights and legitimate interests of participants in criminal proceedings from among the elderly by developing and introducing forensic techniques into law enforcement in criminal investigations, which necessitates the initial definition of the problem and disclosing its essence. The materials for the study are scientific works of specialists in the field of psychology, gerontology, neurophysiology, forensic science, and statistical data, as well as the authors vast experience in the preliminary investigation of criminal cases as an investigator. The results and conclusions were obtained with the help of general scientific research methods: logical, systemic, sociological, as well as private-scientific and special: comparative-legal, formal-legal, interpretation, statistical, etc. Results: several conclusions have been made to strengthen the necessary to improve the regulatory framework governing participation of older people in criminal proceedings to ensure their legal rights and freedoms. Recommendations on preparation and conduct of investigative actions with participation of such categories of persons have been proposed.
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Ingravallo, Francesca, Ilaria Cerquetti, Luca Vignatelli, Sandra Albertini, Matteo Bolcato, Maria Camerlingo, Graziamaria Corbi, et al. "Medico-legal assessment of personal damage in older people: report from a multidisciplinary consensus conference." International Journal of Legal Medicine 134, no. 6 (July 17, 2020): 2319–34. http://dx.doi.org/10.1007/s00414-020-02368-z.
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Abstract Ageing of the global population represents a challenge for national healthcare systems and healthcare professionals, including medico-legal experts, who assess personal damage in an increasing number of older people. Personal damage evaluation in older people is complex, and the scarcity of evidence is hindering the development of formal guidelines on the subject. The main objectives of the first multidisciplinary Consensus Conference on Medico-Legal Assessment of Personal Damage in Older People were to increase knowledge on the subject and establish standard procedures in this field. The conference, organized according to the guidelines issued by the Italian National Institute of Health (ISS), was held in Bologna (Italy) on June 8, 2019 with the support of national scientific societies, professional organizations, and stakeholders. The Scientific Technical Committee prepared 16 questions on 4 thematic areas: (1) differences in injury outcomes in older people compared to younger people and their relevance in personal damage assessment; (2) pre-existing status reconstruction and evaluation; (3) medico-legal examination procedures; (4) multidimensional assessment and scales. The Scientific Secretariat reviewed relevant literature and documents, rated their quality, and summarized evidence. During conference plenary public sessions, 4 pairs of experts reported on each thematic area. After the last session, a multidisciplinary Jury Panel (15 members) drafted the consensus statements. The present report describes Conference methods and results, including a summary of evidence supporting each statement, and areas requiring further investigation. The methodological recommendations issued during the Conference may be useful in several contexts of damage assessment, or to other medico-legal evaluation fields.
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Srivastava, Lily. "Legal Study of Aging Population In India." ANVESHA-A Multidisciplinary E-Journal for all Researches 3, no. 1 (2022): 52–61. http://dx.doi.org/10.55183/amjr.2022.vo3.lsi.01.010.
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The United Nations General Assembly pronounce 2021–2030 the ‘Decade of Healthy Ageing’ thus communicated WHO to direct its implementation to the member states. India is not in a position to meet needs of an old age population and to provide a quality life through existing care facilities with more than 100 million elderly. We do not have a particular scheme and policies for providing health facilities for old people. Older people usually suffer from health conditions that are predominantly chronic in nature and are basically different from those of adult and young populations. The health status of aged population becomes particularly perplexed as they are prone to get multiple illnesses. Present paper is related to Aging population and their problems. The first part of the paper deals with International guidelines, national legislations. The second part discuss problems during pandemic and senior citizens. The third part of the paper explores judicial prouncements related to senior citizens. The fourth part explains government policies related to elderly .On the concluding note, it suggests that geriatric health law reform is necessary for the present needs of the society especially during pandemic.
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Vasilyeva, Yu V., and S. V. Shuraleva. "AGE AS A FACTOR OF EMPLOYEE’S VULNERABILITY IN LABOR LAW." Вестник Пермского университета. Юридические науки, no. 49 (2020): 550–75. http://dx.doi.org/10.17072/1995-4190-2020-49-550-575.
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Introduction: the article studies the influence of an individual’s age on their vulnerability in labor relations. Purpose: to analyze the legal regulation applied to age-vulnerable groups of workers in labor law, to identify the factors of vulnerability, and to propose the directions of improving labor legislation taking into account the ILO policies and the experience of individual foreign countries. Methods: the methodological framework of the research is based on general, general scientific methods as well as some special methods (system-structural, formallegal, comparative-legal). Results: the UN approaches to the concept of vulnerability and vulnerable groups in international law have been studied. At the current stage, the protection of vulnerable groups is closely linked to the concepts of equality and non-discrimination, with the age factor serving as the basis for differentiation of legal regulation in labor law. The authors put forward a thesis that the first vulnerable categories of workers differentiated by age were minors, while older workers were not considered a vulnerable group until the end of the 20th century and did not have a special status despite the problem of ageism. The authors substantiate the presence of three vulnerable groups of workers distinguished by age: youth (including minors), women of childbearing age, and older persons. It is argued that a woman’s childbearing age should be recognized as a factor of vulnerability, but only when work is accompanied by harmful and dangerous conditions; in general, the significance of this factor is reducing, including due to the position of international bodies. It is noted that modern Russian labor law focuses on protecting the labor rights of minors, while they are young people aged 15 to 24 who are the most vulnerable in the labor market, as evidenced by the high rate of youth unemployment in this age segment. Analyzing the reasons for the lack of comprehensive legal regulation of youth labor at the state level, the authors turn to the strategies of transnational corporations aimed at attracting young professionals, as well as to successful foreign practices aimed at stimulating youth employment. Assessing the legal regulation of older people’s labor in Russia, the authors conclude that it does not yet fully take into account international approaches to the role of older people in the labor sphere. Older persons are a heterogeneous group, so the purpose of legal regulation is to properly place the emphases. The main goal of differentiating the legal regulation of work of persons nearing retirement age is to ensure their staying in employment and protect them against discrimination, while for persons who have already reached retirement age – to promote their health preservation and self-realization. Conclusions: the authors state the vulnerability of employment among young people over 18 and older persons, the lack of differentiation of their status in labor law, and suggest ways to improve labor legislation in order to reduce the vulnerability of employees depending on age.
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Klaver, Nicky Sabine, Joris van de Klundert, Roy Johannes Gerardus Maria van den Broek, and Marjan Askari. "Relationship Between Perceived Risks of Using mHealth Applications and the Intention to Use Them Among Older Adults in the Netherlands: Cross-sectional Study." JMIR mHealth and uHealth 9, no. 8 (August 30, 2021): e26845. http://dx.doi.org/10.2196/26845.
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Background Considering the increasing demand for health services by older people and the ongoing COVID-19 pandemic, digital health is commonly viewed to offer a pathway to provide safe and affordable health services for older adults, thus enabling self-management of their health while health care systems are struggling. However, several factors cause older people to be particularly reluctant to adopt digital health technologies such as mobile health (mHealth) tools. In addition to previously studied technology acceptance factors, those related to perceived risks of mHealth use (eg, leakage of sensitive information or receiving incorrect health recommendations) may further diminish mHealth adoption by older adults. Objective The aim of this study was to explore the relationship between perceived risks of using mHealth applications and the intention to use these applications among older adults. Methods We designed a cross-sectional study wherein a questionnaire was used to collect data from participants aged 65 years and older in the Netherlands. Perceived risk was divided into four constructs: privacy risk, performance risk, legal concern, and trust. Linear regression analyses were performed to determine the associations between these perceived risk constructs and the intention to use mHealth applications. Results Linear regression per perceived risk factor showed that each of the four constructs is significantly associated with the intention to use mobile medical applications among older adults (adjusted for age, sex, education, and health status). Performance risk (β=–.266; P=<.001), legal concern (β=–.125; P=.007), and privacy risk (β=–.100; P=.03) were found to be negatively correlated to intention to use mHealth applications, whereas trust (β=.352; P=<.001) was found to be positively correlated to the intention to use mHealth applications. Conclusions Performance risk, legal concern, and privacy risk as perceived by older adults may substantially and significantly decrease their intention to use mHealth applications. Trust may significantly and positively affect this intention. Health care professionals, designers of mHealth applications, and policy makers can use these findings to diminish performance risks, and tailor campaigns and applications to address legal and privacy concerns and promote mHealth uptake and health care access for older adults, especially during the COVID-19 pandemic.
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Nordam, Ann, Venke Sørlie, and R. Förde. "Integrity in the Care of Elderly People, as Narrated by Female Physicians." Nursing Ethics 10, no. 4 (July 2003): 388–403. http://dx.doi.org/10.1191/0969733003ne589oa.
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Three female physicians were interviewed as part of a comprehensive investigation into the narratives of female and male physicians and nurses, concerning their experience of being in ethically difficult care situations in the care of elderly people. The interviewees expressed great concern for the low status of care for elderly people, and the need to fight for the specialty and for the care and rights of their patients. All the interviewees’ narratives concerned problems relating to perspectives of both action ethics and relational ethics. The main focus was on problems concerning the latter perspective, expressed as profound concern and respect for the individual patient. Secondary emphasis was placed on relationships with relatives and other professionals. The most common themes in an action ethics perspective were too little treatment and the lack of health services for older patients, together with overtreatment and death with dignity. These results were discussed in the light of Løgstrup’s ethics, which emphasize that human life means expressing oneself, in the expectation of being met by others. Both Ricoeur’s concept of an ethics of memory and Aristotle’s virtue ethics are presented in the discussion of too little and too much treatment.
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Chung, Won Hee, and Gi Geun Yang. "Alleviating Disaster Vulnerability and Improving Resilience of the Elderly." Crisis and Emergency Management: Theory and Praxis 12, no. 1 (January 31, 2022): 35–43. http://dx.doi.org/10.14251/jscm.2022.1.35.
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When disasters occur, older people are more at risk than other age groups. This is because physical fitness, hearing, and vision deteriorate due to aging, and physical movement is not easy. Nevertheless, there are insufficient studies on accurate identification of the elderly who have disaster-safety vulnerabilities, and the recognition and behavior of the disaster risks of the elderly. In the age of aging, it is necessary to prepare systematic measures against disaster vulnerability and to promote resilience for the elderly. And it is urgent to implement practical disaster safety policies for the elderly as disaster-vulnerable people. The purpose of this study is to analyze the disaster vulnerability of elderly people and to improve their resilience in the age of aging. In order to achieve the purpose of the study, we examine the current status of the elderly people's disaster vulnerability, including the current status of the elderly and their recognition of disaster safety. This paper suggests: disaster vulnerability management that reflects the disaster vulnerability and desire of the elderly, legal and institutional support for enhancing the resilience of disaster recovery of the elderly, the development, education, and training with disaster-response manuals for the elderly.
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Luty-Michalak, Marta, and Aleksandra Syryt. "Long-term care system for dependent people – Austrian experiences." Acta Universitatis Lodziensis. Folia Sociologica, no. 71 (December 30, 2019): 81–98. http://dx.doi.org/10.18778/0208-600x.71.07.
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Austrian society is an ageing society. Old age does not always mean dependence. However, the risk of disability and dependence increases with age. In addition, older people often experience multi-disease. High-quality long-term care services can help frail and dependent elderly on maintaining greater autonomy and participation in society, regardless of their condition. The aim of the article is to analyze legal, institutional and practical solutions in the field of long-term care system functioning in Austria. It should be emphasized that Austria is striving to develop services based on a social model and an independent life paradigm. Analysis of legal solutions indicates that the long-term care system in Austria is very complex. Institutional solutions are divided between the federal level and nine federal states. On the one hand, this results in decentralization and more effective help for the elderly, but on the other hand, it causes the diffusion and heterogeneity of standards.
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Maschi, Tina, Keith Morgen, Kimberly Westcott, Deborah Viola, and Lindsay Koskinen. "Aging, Incarceration, and Employment Prospects: Recommendations for Practice and Policy Reform." Journal of Applied Rehabilitation Counseling 45, no. 4 (December 1, 2014): 44–55. http://dx.doi.org/10.1891/0047-2220.45.4.44.
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Aging people in prison and post-prison release pose significant yet surmountable challenges in satisfying age-specific educational, training, employment, financial and civic participation rights. This descriptive study of 677 older prisoners, aged 50+, in a statewide prison system provides a historical analysis of past and current individual and social structural level factors that influence the prisoners' economic and employment prospects after being released from prison. Results highlight the diversity within this population based on socio-demographics, work histories, family obligations, health status, and legal histories that influence the level of support experienced post incarceration. Thesefindings suggest the need for comprehensive services that provide prison and post-prison release education, vocational training, and housing and job placement for incarcerated and formerly incarcerated older adults. Strategies for providing culturally responsive tools and resources to support education, training, and employment offormerly incarcerated older adults are discussed.
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Ahad Mammadova, Lala. "INTERNATIONAL STANDARDS FOR THE RIGHTS OF PERSONS WITH DISABILITIES IN THE CONTEXT OF HUMAN RIGHTS." SCIENTIFIC WORK 65, no. 04 (April 21, 2021): 160–63. http://dx.doi.org/10.36719/2663-4619/65/160-163.
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People with disabilities are the most vulnerable and most disadvantaged group in the world. It is estimated that more than a billion people, or about 15% of the world's population, live with some form of disability. More than 250 million older people have moderate or severe disabilities. Disability in the modern world has manifested itself as one of the global problems affecting the interests of almost all spheres of activity, but despite the existing national, regional and international legal norms, as well as the activities of international organizations and the efforts of non-governmental organizations around the world, belonging to people with disabilities human rights are still not adequately respected. This article discusses such important aspects, as discrimination faced by people with disabilities, formation of international legal protection of the rights of persons with disabilities and implementation of international documents in national law by states. Key words: disability, human rights, discrimination, social equality, legal protection
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van der Cingel, Margreet. "Compassion in care: A qualitative study of older people with a chronic disease and nurses." Nursing Ethics 18, no. 5 (June 3, 2011): 672–85. http://dx.doi.org/10.1177/0969733011403556.
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This article describes compassion as perceived within the relationship between nurses and older persons with a chronic disease. The aim of the study is to understand the benefit of compassion for nursing practice within the context of long-term care. The design of the study involves a qualitative analysis of in-depth interviews with nurses and patients in three different care-settings. Results show the nature of compassion in seven dimensions: attentiveness, listening, confronting, involvement, helping, presence and understanding. Analysis of the data also shows in what way opinions of participants relate to issues raised in a previous literature study, for example the difference between pity and compassion. The conclusion states that compassion is a valuable process which motivates patients as well as nurses to cooperate in achieving relevant outcomes of care. The discussion involves some methodological issues. For one thing, further confirmation of the dimensions found is recommended.
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Pattison, Brent. "When Children Object: Amplifying an Older Child’s Objection to Termination of Parental Rights." University of Michigan Journal of Law Reform, no. 49.3 (2016): 689. http://dx.doi.org/10.36646/mjlr.49.3.when.
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Each year, thousands of children become wards of the state when a court terminates the legal rights of their parents. Between 2010 and 2014, more than 307,000 children lost their legal relationships to their parents in Termination of Parental Rights (TPR) proceedings. A growing percentage of child welfare cases involve older children. At the same time, too many young people lose their legal relationships with their parents without a family waiting to adopt them. The stakes are high for children in TPR cases; nonetheless, many children—even older children—cannot meaningfully participate in proceedings. Moreover, TPR cases threaten parents’ and children’s rights to familial association. Nonetheless, courts have struggled with how to incorporate the perspectives of older children in TPR cases. Children infrequently attend court proceedings, and the court may receive competing narratives regarding the child’s position. Children are not always represented by lawyers in TPR proceedings, and when they do have legal representation, it may only be by a guardian ad litem (GAL) who presents her position on what is in the child’s best interests, rather than advocating for what the child actually wants. This Article explores how courts should address an older child’s objection to TPR and ensure meaningful consideration of the child’s perspective. A small minority of states give courts the discretion to decline to terminate parental rights when an older child objects to termination. In states with such an exception, how should courts handle older children’s perspectives? What is the proper weight to give an objection? How should courts decide whether to terminate parental rights when an older child objects? This Article addresses these questions in three parts. First, the Article describes the state statutes that create exceptions to TPR when an older child objects and analyzes the case law relating to those exceptions. Second, the Article outlines why consideration of a child’s objection makes sense from legal and social work perspectives, especially in light of our current understanding of child development and legal decision-making in other contexts. Finally, the Article argues that states should adopt a hybrid version of the objections to termination currently in place in Virginia and Iowa. It also considers concerns of practical implementation.
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Mai, Pham Phuong, Pham Quang Loc, and Le Minh Giang. "Diversity of activities: The operation of community - based organizations in HIV/AIDS in contemporary Vietnam." Tạp chí Y học Dự phòng 32, no. 4 (August 1, 2022): 64–73. http://dx.doi.org/10.51403/0868-2836/2022/685.
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Community - based organizations (CBO) have implemented various activities and have contributed to the successful responses to HIV/AIDS epidemic in Vietnam. However, in the context of donor phase-out, little information of current CBO’s activities has been published. This study aims to describe the diversity of CBO’s activities and to assess factors associated with implementing activities. A survey of CBO established before October 2014 and still operated after June 2014 was conducted from November 2014 to June 2015 in Vietnam. Their characteristics and participation in implementing any activities, related or not related to HIV were collected. Majority of 277 CBOs were established 2 to 10 years ago (83%) and were the group of people living with HIV (45%). Ten percent of them had legal status but most of them had leadership and an organization goal. Among 30 activities enlisted, Vietnamese CBOs provided approximately 14 activities on average. Disseminate HIV-related knowledge, outreach most at risk-people and support people to do HIV testing are three most popular activities implemented by Vietnamese CBOs. On the contrary, support for elderly/ homeless people, non-profit activities and other relevant activities are least implemented. A multiple linear regression model found six factors associated with increased activities: Older establishment, having leadership, having legal status, experienced CBO founders, having specific organization goal, and the number of partners. Vietnamese CBOs are implementing diverse activities in terms of types and numbers, remaining the key actor in HIV/AIDS prevention. Future interventions and investment in CBO are necessary to end the epidemic.
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Vasileva, Elena, and Nataliya Nikolenko. "Who are Pre-Retirees? To the Question of the Social Status of the Group." Logos et Praxis, no. 1 (December 2020): 147–59. http://dx.doi.org/10.15688/lp.jvolsu.2020.1.16.
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This review discusses stratification models and empirical studies of the social status of people of retirement age in modern Russia. Our goal is to identify the social markings of the group and its status features, as well as the differences in managerial and scientific discourses of its assessment. The pension reform that began in 2019 significantly changes the group of pre-retirees: its number is increasing, it is getting older and differented by the age and generational cohorts. Moreover, the time of change is reflected in constructs "yuothful retired persons", "a working old-age pensioners", "youngest-old retirees" and "new pre-retirees". Differences approaches to status stratification, based on differences in managerial and scientific discourses are evident. The management approach is largely situational and related to the category of "pre-retirement time" as the period prior to the retirement of old age. This approach is focused, first, on the labor productivity, and, secondly, on the formal-legal definition of the status. The research approach is formed under the influence of global strategic discourse and differentiates the macro-social and organizational-social levels of social stratification. Within this framework, the social status of people of pre-retirement age is associated with socio-economic activity and human capital, employment and professional career. This group is related primarily to the category of "older workers", which combines employed pre-retirees and post-retirees and indicates the characteristics of the status associated with social attitudes to elderly. Publications on the social status of pre-retirees over the past five years indicate that the research tradition is dominated by a macro-economic rather than organizational approach. In addition, stratification models use mainly employment and human capital indicators as differentiating features, but not indicators of labor force and career potential. The research results revealed the following features of the status of pre-retirees: the growth of economic activity of older workers; the growth of employment of highly qualified workers in market and high-tech sectors of the economy; the significant impact of informal employment; the presence of age discrimination in wages and employment; insignificant representation in new institutional forms of economic activity and social entrepreneurship.
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Billings, Jenny, and Alison Davis. "Developing a joint outcomes contracting model for integrated health and social care for older people." Journal of Integrated Care 24, no. 5/6 (October 17, 2016): 282–99. http://dx.doi.org/10.1108/jica-09-2016-0031.
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Purpose Current debates surrounding the NHS contract in England are suggesting that it is in need of change to support an integrated health and social care transformation agenda that meets the needs of an ageing chronically ill population. The purpose of this paper is to describe a three-phase project in England that sought to develop and validate a whole systems contracting model for integrated health and social care focusing on older people with long-term conditions, and based on joint outcomes. Design/methodology/approach A participative mixed-method approach for the development of the contracting model was used; this consisted of a literature review, a design phase drawing on consensus method through stakeholder discussions and an international validation phase. Findings The final contracting model consists of four overarching and interrelated core elements: outcomes; partnership, collaboration and leadership; financial: incentives and risk; and legal criteria. Each core element has a series of more detailed contracting criteria, followed by further specifications attached to each criteria. Research limitations/implications While the policy environment appears to be conducive to change and encourages the adoption of new ways of thinking, there are difficulties with the implementation of new innovative models that challenge the status quo, and this is discussed. Practical implications The paper concludes with reflections on the way forward for local development and implementation. Originality/value There is currently much discussion for the need to realign contracting for integrated care that has a better fit for the transformation agenda, but until now, there have been no attempts to develop a whole systems approach that focusses on joint outcomes. This research bridges the gap but recognizes the challenges to implementation.
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Pashentsev, Dmitriy A. "The legal culture of Russian society before the challenge of digitalization." Vestnik of Saint Petersburg University. Law 12, no. 3 (2021): 771–82. http://dx.doi.org/10.21638/spbu14.2021.317.
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In the article, the issue of the influence of modern digital technologies on legal culture is analyzed from the perspective of current post-classical methodology, primarily constructivism and anthropocentrism as areas of sociological jurisprudence. The legal culture of Russian society is analyzed based on the historical and anthropological theory of law in conjunction with legal tradition. The vital role of legal culture in the mechanism for constructing social reality is emphasized. The concept of legal culture integrates legal and non-legal elements; it is synthesizing for the individual with its legal status, a society with its legal system, the state with the legislation it adopts and the law enforcement system it forms. It has been shown that the dynamics of legal culture amid digitalization is determined by the relationship of traditional and new legal values, as well as the contradiction between traditionalism and universalism in their axiological aspect. Digitalization affects the individual and collective legal consciousness of legal subjects as carriers of legal culture, thereby determining the dynamics of its fundamental characteristics. The influence of digital technologies on the value content of Russian legal culture is also examined. The dynamics of legal values in a digital society is presented. It is highlighted that the transfer of legal culture between generations is carried out through social relay. Digitalization entails a “digital divide” between generations, disrupts existing mechanisms for the transfer of legal experience and legal values, since the younger generation is much more immersed in a virtual space where they carry out essential social communication than the older generation. In this context, a systematic and focused effort by the state and civil society institutions is needed to take advantage of the opportunities offered by digital technologies for the legal education of young people.
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Hart, Dionne. "203 - Decisional capacity and advance care planning in older people who are incarcerated." International Psychogeriatrics 33, S1 (October 2021): 8. http://dx.doi.org/10.1017/s104161022100137x.
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AbstractThere is a growing number of older people incarcerated across the United States. With a population of greater than 300 million, the US has 5% of the world’s population, yet incarcerates 25% of the world’s prisoners. From 2000 to 2005, the percentage of prisoners in federal and state correctional institutions who were 55 and older increased by 33%. According to the American Civil Liberties Union older prison population has climbed 1300% since the 1980s, with 125,000 inmates aged 55 or older incarcerated.Correctional facilities are the largest mental health institutions with 1 out of 5 individuals with serious mental health or substance use disorders. These facilities lack the capacity to provide long-term care for those with severe physical or mental health disorders even in the most ideal circumstances.Individuals within the criminal justice system have a higher burden of chronic physical and health disorders and have a lower life expectancy.Health care decision making is one area where patients in custody have autonomy in discussing advance directives, substitute decision makers and medical decision making. However, prisoners are at risk of suboptimal care, unmet palliative and end of life care needs, and lacking or inappropriate surrogates. Without documentation of advance directives or surrogates there are bureaucratic, practical, and legal barriers particularly for those without family or friends. In addition, some individuals involved in the correctional system’s only surviving family members may also be their victims, thus have a conflict of interest.This presentation will explore capacity and substitute decision making for individuals involved in the criminal justice system who have severe mental and physical health disorders. A case description will be used to illustrate a decision-making tree for patients who are incarcerated. As the world population continues to age, the number of older people who are incarcerated and unable to make healthcare decisions will continue to increase. In this special population, correctional system clinicians and providers need to be familiar with strategies to address the need for advance care planning before older people lose decisional capacity.
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Al Bqour, Mohammed Khalaf A. "International Legal Protection of the Rights of the Elderly." Dirasat: Shari'a and Law Sciences 49, no. 3 (September 1, 2022): 8–20. http://dx.doi.org/10.35516/law.v49i3.2199.
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Objectives: This study aims to show the international mechanisms for protecting the legal rights of the elderly, who are the elderly in international law, what are the rights of the elderly concerning the international conventions and United Nations declarations, and the extent to which international legal texts are mandatory in the face of Member States and United Nations mechanisms in maintaining those rules. Methods: The study adopted the descriptive and analytical approach to the analysis of international texts and outputs issued by various international forums concerning older people. Results: This study has reached several results that the international efforts made in the field of the elderly rights do not level up to a high level and that the international conferences and meetings related to this subject are very few and that most of the rights have been secondarily stipulated in conferences and meetings that are not specialized in the rights of the elderly. Conclusions: This study concluded with a set of recommendations that the rights of the elderly are constantly improving, but they are not within the expectations. The international community must develop a basic model law to be circulated to different countries or to benefit from to strengthen the rights of the elderly within countries.
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Nazymko, Ehor, and Olena Nazymko. "OBLIGATION TO SUPPORT DISABLED PERSONS IN COMPLIANCE WITH THE PRESENT INTERNATIONAL LEGAL NORMS AND OTHER INTERNATIONAL PROVISIONS." Baltic Journal of Economic Studies 5, no. 4 (October 29, 2019): 155. http://dx.doi.org/10.30525/2256-0742/2019-5-4-155-159.
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One of the fundamental social, socio-forming institutions, which are strictly protected, including through the relevant rules of the current law, is the longstanding institute of support for persons who are unable to provide for themselves through the special disability or incapacity at all. A very important socio-institutional and socio-regulatory component of such an institution is a social consensus about the support of people with physical disabilities, which is constantly reproduced and permanently required by social communities. Among many components of the mentioned consensus, of great importance was also the indispensable obligation to carry out the full, decent or at least minimally necessary financial and material and other such support, provided by law and moral and ethical tradition, first by the parents of their young and minor children, and then, in turn, by adult, legally capable children of their older persons, including disabled, socially vulnerable parents. In spite of the necessity of careful treatment by society towards the disabled, in each country, this obligation is regulated in different ways. Therefore, it seems appropriate to analyse the obligation to keep disabled persons within the meaning of current international law and other international provisions. Methodology. The goal is solved using the cognitive potential of the system of philosophical, scientific, and special methods. The analysis and synthesis made it possible to identify the signs of incapacity for work and the specifics of the responsibilities for the maintenance of disabled persons. The methods of grammatical consideration and interpretation of legal norms have contributed to the identification of universal legal constructs that can be used in the national legislation of any sovereign country of the world. The comparative-legal method allowed determining the directions of development of national legislation of sovereign countries in order to bring them into conformity with generally accepted international standards. Practical implications. The peculiarities of the social and legal status of disabled persons require scientists to develop consistent measures of the proper legal protection of their rights. This requires establishing a clear contentspectral relationship between the concepts of such vulnerable, helpless social-group categories as “older persons”, “persons with disabilities”, and “mentally retarded persons”, which implies a broad socio-physical contextual concept of “disabled person”. The national legislation of each sovereign country should provide for a mechanism developed at the international level for collecting funds for the benefit of certain socially vulnerable persons, including the disabled.
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SIMPSON, PAUL, KATHRYN ALMACK, and PIERRE WALTHERY. "‘We treat them all the same’: the attitudes, knowledge and practices of staff concerning old/er lesbian, gay, bisexual and trans residents in care homes." Ageing and Society 38, no. 5 (December 29, 2016): 869–99. http://dx.doi.org/10.1017/s0144686x1600132x.
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ABSTRACTThe distinct needs of lesbian, gay, bisexual and trans (LGBT) residents in care homes accommodating older people have been neglected in scholarship. On the basis of a survey of 187 individuals, including service managers and direct care staff, we propose three related arguments. First, whilst employees’ attitudes generally indicate a positive disposition towards LGBT residents, this appears unmatched by the ability to recognise such individuals and knowledge of the issues and policies affecting LGBT people. Statements such as, ‘We don't have any [LGBT residents] at the moment’ and ‘I/we treat them all the same’ were common refrains in responses to open-ended questions. They suggest the working of heteronormativity which could deny sexual and identity difference. Second, failure to recognise the distinct health and social care needs of LGBT residents means that they could be subject to a uniform service, which presumes a heterosexual past and cisgender status (compliance with ascribed gender), which risks compounding inequality and invisibility. Third, LGBT residents could be obliged to depend largely on the goodwill, knowledge and reflexivity of individual staff (including people of faith) to meet care and personal needs, though such qualities were necessary but not sufficient conditions for inclusion and no substitute for collective practices (involving commitment to learn about LGBT issues) that become integral to care homes’ everyday functioning. A collective approach is key to advancing inclusion, implementation of legal rights to self-expression and securing equality through differentiated provision.
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Astafichev, Pavel. "Constitutionalization of the principle of respect for elders: the experience of the 2020 constitutional amendments, their content and implementation problems." Sravnitel noe konstitucionnoe obozrenie 30, no. 2 (2021): 180–91. http://dx.doi.org/10.21128/1812-7126-2021-2-180-191.
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The article is devoted to the study of a number of problems related to the regulation and implementation of the principle of respect for elders, which is new for the constitutional law of Russia. The author substantiates the position that the problem of constitutionalization of the principle of respect for elders should be posed wider, at least outside the boundaries of strictly educational activities and in the broader context of the paradigm of the hierarchy of seniority in the system of fundamental principles of constitutionalism. The principle of “respect for elders” is opposed by the stable constitutional practice of Russia and foreign countries guaranteeing at the constitutional level, on the one hand, the rights of parents (mothers, fathers) and the elderly, and on the other, children and youth. Parents and the elderly do indeed enjoy the constitutional right to special respect as a kind of “elder”, but this does not give grounds for a broad interpretation of the constitutional status of all other members of society. The author proves that, in fact, the constitutional imperative of “respect for elders” is an attempt, albeit relatively “soft” in the legal sense (without legal consequences and in the absence of a clear definition of the rights and obligations of subjects of legal relations), to introduce into the life of a free civil society a kind of disciplinary-subordination beginning in relationships between older and younger people. Moving up the age ladder supposedly should give a certain increase in subjective rights. However, to what extent is this permissible in a constitutional state and a democratic society? And does this really correspond to the prevailing socio-cultural stereotypes of social behavior of the modern generation of Russians? According to the author, in the construction of “respect for elders”, an indication of the sign of seniority is of key importance. The term “respect” is not entirely accurate, since without significant distortion of the meaning it could be replaced with the words “special recognition”, “subordination”, “emphasized correct behavior”, etc. By virtue of Article 21 of the Constitution of the Russian Federation, all people are obliged to respect each other as people, they are legally stimulated in equal measure to recognize the value of their human dignity.
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Rodriguez, Javier M., Arun S. Karlamangla, Tara L. Gruenewald, Dana Miller-Martinez, Sharon S. Merkin, and Teresa E. Seeman. "Social stratification and allostatic load: shapes of health differences in the MIDUS study in the United States." Journal of Biosocial Science 51, no. 5 (January 28, 2019): 627–44. http://dx.doi.org/10.1017/s0021932018000378.
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AbstractSocial stratification is an important mechanism of human organization that helps to explain health differences between demographic groups commonly associated with socioeconomic gradients. Individuals, or group of individuals, with similar health profiles may have had different stratification experiences. This is particularly true as social stratification is a significant non-measurable source of systematic unobservable differences in both SES indicators and health statuses of disadvantage. The goal of the present study was to expand the bulk of research that has traditionally treated socioeconomic and demographic characteristics as independent, additive influences on health by examining data from the United States. It is hypothesized that variation in an index of multi-system physiological dysregulation – allostatic load – is associated with social differentiation factors, sorting individuals with similar demographic and socioeconomic characteristics into mutually exclusive econo-demographic classes. The data were from the Longitudinal and Biomarker samples of the national Study of Midlife Development in the US (MIDUS) conducted in 1995 and 2004/2006. Latent class analyses and regression analyses revealed that physiological dysregulation linked to socioeconomic variation among black people, females and older adults are associated with forces of stratification that confound socioeconomic and demographic indicators. In the United States, racial stratification of health is intrinsically related to the degree to which black people in general, and black females in particular, as a group, share an isolated status in society. Findings present evidence that disparities in health emerge from group-differentiation processes to the degree that individuals are distinctly exposed to the ecological, political, social, economic and historical contexts in which social stratification is ingrained. Given that health policies and programmes emanate from said legal and political environments, interventions should target the structural conditions that expose different subgroups to different stress risks in the first place.
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Meyer, Ilan H., Stephen T. Russell, Phillip L. Hammack, David M. Frost, and Bianca D. M. Wilson. "Minority stress, distress, and suicide attempts in three cohorts of sexual minority adults: A U.S. probability sample." PLOS ONE 16, no. 3 (March 3, 2021): e0246827. http://dx.doi.org/10.1371/journal.pone.0246827.
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During the past 50 years, there have been marked improvement in the social and legal environment of sexual minorities in the United States. Minority stress theory predicts that health of sexual minorities is predicated on the social environment. As the social environment improves, exposure to stress would decline and health outcomes would improve. We assessed how stress, identity, connectedness with the LGBT community, and psychological distress and suicide behavior varied across three distinct cohorts of sexual minority people in the United States. Using a national probability sample recruited in 2016 and 2017, we assessed three a priori defined cohorts of sexual minorities we labeled the pride (born 1956–1963), visibility (born 1974–1981), and equality (born 1990–1997) cohorts. We found significant and impressive cohort differences in coming out milestones, with members of the younger cohort coming out much earlier than members of the two older cohorts. But we found no signs that the improved social environment attenuated their exposure to minority stressors—both distal stressors, such as violence and discrimination, and proximal stressors, such as internalized homophobia and expectations of rejection. Psychological distress and suicide behavior also were not improved, and indeed were worse for the younger than the older cohorts. These findings suggest that changes in the social environment had limited impact on stress processes and mental health for sexual minority people. They speak to the endurance of cultural ideologies such as homophobia and heterosexism and accompanying rejection of and violence toward sexual minorities.
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Baker, H. Robert. "Creating Order in the Wilderness: Transplanting the English Law to Rupert's Land, 1835–51." Law and History Review 17, no. 2 (1999): 209–46. http://dx.doi.org/10.2307/744011.
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The legal history of the western Canadian frontier has received renewed attention in recent years. Much of the work readdresses the question of “law and order,” challenging older assumptions about Canada's orderly frontier culture—orderly particularly in contrast to the United States’ violent settlement of the west. At issue is not just a revision of whether violence occurred on the Canadian frontier but a fundamental reinterpretation of what the concepts of “law” and “order” had really meant. Indeed, conflict between legal cultures has become a major theme as historians attempt to rewrite the history of the Canadian west. They understand that this conflict—whether violent or not—shaped the formation of Canada's legal culture before 1870. Methodological prescriptions for writing this type of history have emphasized the need for historians to widen their base of sources, particularly to exploit “nonlegal” sources (such as diaries, journals, and letters), and to consider the workings of what Lawrence Friedman has called the “cultural” component of a legal system: what suits were brought to court, what notions came into play there, what expectations people brought with them. Important studies on the colonial settlement of British Columbia in the nineteenth century have focused on the relationships between the Hudson's Bay Company, colonists, and Natives to demonstrate that conflict over resources and competing definitions of liberalism and law often shaped legal discourse. These rich accounts have, among other things, called into question the idea of an orderly, peaceful Canadian frontier. They have also provided a much more complex picture of the interactions between Native and European, and the uses of law and the legal system by settlers, Company men, and Aboriginals.
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Lukic, Vesna. "Sociodemographic characteristics of the elderly forced migrants in Serbia." Stanovnistvo 53, no. 1 (2015): 39–60. http://dx.doi.org/10.2298/stnv1501039l.
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In the context of the needs and rights of older migrants, migration history is particularly important where the elderly forced migrants are twice as vulnerable. Bearing in mind the intense process of population aging in Serbia which holds the attention of scientists and experts, and the large number of refugees who immigrated in the 90-ies from the former Yugoslav republics, selected sociodemographic structures of the elderly forced migrants in Serbia were analyzed as well as the relevant legal and strategic framework. The aim was to contribute to increasing knowledge of the demographic challenges of this subpopulation of forced migrants, as well as the differences relative to the domicile aging population. The data used in this study included a contingent of forced migrants aged 65 and over, on the basis of additionally processed Census data from 2011, based on questions about the place of birth of the person, year of arrival, the country in which the person lived and the reasons for migration. Hence, the category which is the subject of research, is not defined on the basis of formal refugee status. A comparison of selected sociodemographic characteristics was made in relation to the domicile population, which in the paper means the population of Serbia without forced migrants. The research results indicate that older forced migrants in Serbia have characteristics of the general population of older people in Serbia. Their age gender and marital structures are relatively similar. Most older women are widows who are heads of households, while a significant number are persons with disabilities as well. However, the process of aging of the elderly, present within the local population has not affected forced migrants yet, so this population is to some extent more vital. Data on the economic activity of the elderly forced migrants in Serbia point out to the lack of income as the main problem they are faced with. Older forced migrants are economically active to a lesser extent compared to the domicile elderly population, while the major differences between the two subgroups of the population are observed among the economically inactive persons. There is a noticeable smaller share of pensioners and a significantly higher share of persons who perform only housework in their households of elderly forced migrants than for the domicile aging population, largely owing to the female population. This can be explained by the lower level of female employment of forced migrants in countries of origin but could also result from the circumstances of exile. Single person elderly households of forced migrants are twice as vulnerable in economic terms than the domicile one, which confirms the high dependence of these groups of older migrants on financial aid. The lack of income of one part of the elderly forced migrants is a consequence of the unresolved issue of pension payments from Croatia, as most of the older forced migrants in Serbia are people from that former republic of Yugoslavia. The older forced migrants in Serbia from the former Yugoslav republics are relatively few in number, but a sensitive population that has legally integrated into the community since 2001 and is facing the same challenges as the local elderly population. Due to the circumstances of refugeeism in Serbia, these persons, as opposed to older migrants in other countries, have no linguistic or cultural barriers that could potentially hinder their integration within society but also within the social welfare and health care. However, although they have all legal rights as the local population, refugeeism gives a specific earmark to the social aspects of aging of these persons, and hinders their integration into economic and social life.
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Light, Jimmy A. "The Washington, D.C. Experience with Uncontrolled Donation after Circulatory Determination of Death: Promises and Pitfalls." Journal of Law, Medicine & Ethics 36, no. 4 (2008): 735–40. http://dx.doi.org/10.1111/j.1748-720x.2008.00332.x.
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As of January 1, 2008, over 98,000 people are waiting for organ transplants in the United States of America. Of those, nearly 75,000 are waiting for a kidney. In this calendar year, fewer than 15,000 will receive a kidney transplant from a deceased donor. The average waiting time for a deceased donor kidney now exceeds five years in virtually all metropolitan areas. Sadly, nearly as many people die waiting as there are deceased donors each year, despite monumental efforts by the entire transplant community to increase both the number of organ donors and the number of organs recovered from each donor. The imbalance between demand and supply has led to considerable efforts to expand the criteria for what is considered an acceptable organ donor by the Organ Procurement and Transplant Network (OPTN), thereby hoping somewhat to assuage the shortfall of donor organs. So-called Expanded Criteria Donors (ECDs) may be older than 50, have history of hypertension, or have died from intracerebral hemorrhage and/or have impaired renal function. ECDs now make up nearly 40% of the donor population.
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Cheng, Shao-Yi, Cheng-Pei Lin, Helen Yue-lai Chan, Diah Martina, Masanori Mori, Sun-Hyun Kim, and Raymond Ng. "Advance care planning in Asian culture." Japanese Journal of Clinical Oncology 50, no. 9 (August 6, 2020): 976–89. http://dx.doi.org/10.1093/jjco/hyaa131.
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Abstract Ageing has been recognized as one of the most critically important health-care issues worldwide. It is relevant to Asia, where the increasing number of older populations has drawn attention to the paramount need for health-care investment, particularly in end-of-life care. The advocacy of advance care planning is a mean to honor patient autonomy. Since most East Asian countries are influenced by Confucianism and the concept of ‘filial piety,’ patient autonomy is consequently subordinate to family values and physician authority. The dominance from family members and physicians during a patient’s end-of-life decision-making is recognized as a cultural feature in Asia. Physicians often disclose the patient’s poor prognosis and corresponding treatment options to the male, family member rather to the patient him/herself. In order to address this ethical and practical dilemma, the concept of ‘relational autonomy’ and the collectivism paradigm might be ideally used to assist Asian people, especially older adults, to share their preferences on future care and decision-making on certain clinical situations with their families and important others. In this review article, we invited experts in end-of-life care from Hong Kong, Indonesia, Japan, South Korea, Singapore and Taiwan to briefly report the current status of advance care planning in each country from policy, legal and clinical perspectives. According to the Asian experiences, we have seen different models of advance care planning implementation. The Asian Delphi Taskforce for advance care planning is currently undertaken by six Asian countries and a more detailed, culturally sensitive whitepaper will be published in the near future.
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Chandler, Pip. "Lesbian, gay, bisexual and transgender (LGBT) inclusion in nursing services: a reflective case study from stoma care." Gastrointestinal Nursing 18, Sup9 (November 1, 2020): S26—S32. http://dx.doi.org/10.12968/gasn.2020.18.sup9.s26.
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Speaking with a female patient and her same-sex partner about their experiences of colorectal cancer and ileostomy surgery led to reflection on how specialist nursing care could be made more inclusive of the needs of lesbian, gay, bisexual and transgender (LGBT) people. The LGBT community includes people who are attracted to the same sex and/or identify as a different gender to the one they were assigned at birth. LGBT people in the UK have experienced a long history of discrimination and only begun to win legal protections over the past two decades, an experience that still affects the older generation especially. Compared with the general population, LGBT people are more likely to report poor health status, experience mental health issues and engage in risky behaviours; however, many are reluctant to attend healthcare services due to fear of discrimination. UK LGBT rights charity charity Stonewall surveys have revealed some discriminatory attitudes and widespread unconscious bias among health and social care staff. For health professionals, it can be a challenge to use the correct terminology to avoid causing offen ce, and there is a largely unmet need for inclusion training to improve their understanding and confidence to speak with patients about sexual preference and gender identity. However, confident LGBT inclusivity can be achieved with simple communication skills, such as equal treatment for same-sex partners, acknowledgement of post-transition names and pronouns and discretion in documentation, as well as awareness of verbal and non-verbal cues. Clinic environments can be made more LGBT-friendly with gender-neutral toilets, as well as wearable LGBT symbols, inclusive imagery and posters and literature that promotes LGBT rights, inclusion and support groups. Specialist nurses can act as role models and advocates for LGBT patients and colleagues in their area through small but impactful actions.
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Kane, Jennifer, and Kay de Vries. "Dignity in long-term care." Nursing Ethics 24, no. 6 (January 24, 2016): 744–51. http://dx.doi.org/10.1177/0969733015624487.
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Background: The concept of dignity is recognised as a fundamental right in many countries. It is embedded into law, human rights legislation and is often visible in organisations’ philosophy of care, particularly in aged care. Yet, many authors describe difficulties in defining dignity and how it can be preserved for people living in long term care. Objectives: In this article, Nordenfelt’s ‘four notions of dignity’ are considered, drawing on research literature addressing the different perspectives of those who receive, observe or deliver care in the context of the long-term care environment. Methods: A review of the literature was undertaken using the terms ‘nursing homes’, ‘residential care’ or ‘long-term care’. The terms were combined and the term ‘human dignity’ was added. A total of 29 articles met the inclusion criteria from the United Kingdom (14), United States (2), Australia (1), Sweden (3), Hong Kong (2), Norway (3), Nordic (1), Taiwan (1), Netherlands (1). Ethical Considerations: Every effort has been made to ensure an unbiased search of the literature with the intention of an accurate interpretation of findings. Discussion: The four notions of dignity outlined by Nordenfelt provide a comprehensive description of the concept of dignity which can be linked to the experiences of people living in long-term care today and provide a useful means of contextualising the experiences of older people, their families and significant others and also of staff in long-term care facilities. Of particular interest are the similarities of perspectives of dignity between these groups. The preservation of dignity implies that dignity is a quality inherent in us all. This links directly to the exploration and conclusions drawn from the literature review. Conversely, promoting dignity implies that dignity is something that can be influenced by others and external factors. Hence, there are a number of implications for practice. Conclusion: We suggest that two of Nordenfelt’s notions, ‘dignity of identity’ and ‘dignity of Menschenwüde’, are a common thread for residents, family members and staff when conceptualising dignity within long-term care environments.
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McNeill, Charleen C., Cristina Richie, and Danita Alfred. "Individual emergency-preparedness efforts: A social justice perspective." Nursing Ethics 27, no. 1 (May 14, 2019): 184–93. http://dx.doi.org/10.1177/0969733019843621.
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Background: Since 2010, the United States has experienced 228 disasters, affecting over 86 million people. Because of population shifts, the growing number of people living with chronic conditions or disabilities, and the growing number of older citizens living independently, access and service gaps often exist for those without money or other transferable resources. There is a lack of evidence regarding individual community members’ capacity to prepare for emergencies. Research objective: The purpose of this study is to highlight participant experiences in becoming better prepared for emergencies and provide insight from a social justice perspective. Research design: This is a descriptive qualitative study, staying very close to the data as an end product rather than a beginning for interpretation. Participants and research context: A total of 13 low-income, uninsured, or under-insured attendees at a medical outreach clinic were interviewed. Ethical considerations: Institutional Review Board approval was obtained from the University of Texas at Tyler. Findings: Four themes emerged from the interview data: (a) evaluation of the emergency-preparedness education, (b) making emergency plans, (c) challenges in preparing for emergencies, and (d) facilitators of emergency preparedness. Discussion: Identifying the potential challenges to individual emergency preparedness among vulnerable populations is the first step in overcoming them. The capacity to comply with such measures, especially the ability of those with limited incomes and other vulnerable populations, must be considered. Conclusion: Synchronized, well-ordered assistance will close gaps in recovery and enhance efficiency in pre- and post-event aid. Theoretically, doing so will promote engaged and resilient members of society who are better able to withstand adverse events. The importance of the relationship between individual preparedness levels and the resiliency of nations supports the social justice imperative to address the needs of vulnerable populations in the mitigation and planning phase of the emergency management cycle.
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Mattsson, Titti, and Lottie Giertz. "Vulnerability, Law, and Dementia: An Interdisciplinary Discussion of Legislation and Practice." Theoretical Inquiries in Law 21, no. 1 (February 26, 2020): 139–59. http://dx.doi.org/10.1515/til-2020-0007.
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AbstractLegislation for dementia care needs to be continually rethought, if the rights of older persons and other persons with dementia are to be addressed properly. We propose a theoretical framework for understanding vulnerability and dependency, which enables us to problematize the currently prevailing legal conception of adults as always able — irrespective of health or age — to act autonomously in their everyday lives. Such an approach gives rise to difficult dilemmas when persons with dementia are forced to make decisions on their own about basic living conditions, such as housing and care, without decision-making support. In Sweden, for example, such matters are frequently left to the person him- or herself to decide, often without any assistance from social workers, and with family members serving as caregivers of last resort.Using vulnerability theory as the framework for our discussion, we argue that policymakers should not apply a group-oriented approach (based on factors like age, legal status, or mental capacity) to persons suffering from dementia. The needs of such individuals are as complex and varied as they themselves are. We discuss our findings from an interdisciplinary (law/social work) research project in which we examine the dilemma that social workers face when they are required, under the terms of the Swedish Social Services Act, to determine whether persons with dementia are to be granted support.We argue further that a cross-disciplinary approach — in which vulnerability theory furnishes the framework — opens up for new ways of understanding and developing social welfare law and practice. This, we believe, can help us better address the rights, interests, and needs of people with dementia, of their families, and of professionals in the social welfare system. Finally, many of the problems faced by ageing societies in general can be understood on the basis of such an approach.
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Mahlmann, Matthias. "The Politics of Constitutional Identity and its Legal Frame—-the Ultra Vires Decision of the German Federal Constitutional Court." German Law Journal 11, no. 12 (December 2010): 1407–20. http://dx.doi.org/10.1017/s2071832200020307.
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Since the ECJ handed down the Mangold v. Rüdiger Helm (Mangold) decision in 2005, scholars have provided sometimes quite far reaching and sharp critiques of the decision and of what they took to be its consequences for European Union law. The decision concerned several questions, but the core issue was the applicability of (then) Community (now European Union) age-based anti-discrimination law in the case of a fixed-term employment contract. The contract at issue was based on a law that allowed fixed-term contracts without demanding objective reasons justifying the limitation of the period of employment beyond the age of 52. The law is enmeshed in the political problem of including people older than 52 in the workforce without depriving them of secure working conditions. The legal issue was complicated by the fact that the transposition time of the relevant directive 2000/78/EC including the prohibition of discrimination on the ground of age had not yet expired because of a permissible extension of that time by Germany. The ECJ declared the relevant norm to be contrary to Community law and thus not applicable in the case at hand. It applied the directive in question despite the still pending time limit for transposition, arguing with the requirement under Community law that Member States refrain from taking any measures liable to seriously compromise the attainment of the result prescribed by the directive. It buttressed its argument with the duty to report about the progress made during the extended transposition time. This provision was held to imply that the Member State was not allowed to adopt measures incompatible with progressive implementation. Furthermore, the ECJ interpreted the prohibition of age discrimination as an expression of a fundamental principle of Community law: the principle of equal treatment in the field of employment and occupation. Applying a proportionality test, the court found this foundational principle to have been violated. The ECJ also underlined the broad discretion the Member States retained in the field of social and employment policies. Because the provision's only criterion for allowing fixed-term contracts without an objective reason was age, without any other consideration linked to the structure of the labor market in question or of the personal situation of the person concerned, the Court found that even in light of this broad discretion, the respective norm was not appropriate and necessary to vocationally integrating unemployed older workers, which formed the purpose of the norm.
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Zenović, Nikolina. "Sviće “Smurf”: Intertextual Linkages in Protests Against Montenegro’s 2019 Freedom of Religion Law." FOLKLORICA - Journal of the Slavic, East European, and Eurasian Folklore Association 25, no. 1 (July 22, 2022): 36–57. http://dx.doi.org/10.17161/folklorica.v25i1.18333.
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Elements of traditional folklore and popular culture were invoked in protests opposing the 2019 Zakon o slobodi vjeroispovijesti ili uvjerenja i pravnom položaju vjerskih zajednica [Montenegrin Law on Freedom of Religion or Belief and the Legal Status of Religious Communities], hereafter referred to as the 2019 Freedom of Religion law. The 2019 Freedom of Religion law replaced an older law on religion and caused controversy for its various articles that would thereafter require evidence of church property ownership, without which such properties would transfer into state property. Many people identifying as Serbs in Montenegro protested the updated law to express their concern that holy sites of the Serbian Orthodox Church in Montenegro might become government property under the new law. Protest materials intertextually linked traditional folklore and popular culture characters to the movement. As intertextuality refers to the relationship between two or more texts brought into the same frame, folkloric elements emerged in protests in Montenegro and representations on social media through intertextual linkages. This paper addresses intertextual references made by the hip hop collective Beogradski Sindikat in their song and music video supporting the protests, “Sviće zora” [Dawn Breaks] and people’s recontextualizations of the popular culture figure of Papa Smurf, from the cartoon franchise “the Smurfs,” in Montenegro and abroad. In analyzing such protest materials, I argue that an intertextual approach to protests facilitates understandings of protesters’ meaning-making processes and the semiotic interactions between folklore and protests.
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Hale, Leigh, Elizabeth Mayland, Matthew Jenkins, Yvette Buttery, Pauline Norris, Mary Butler, Michelle Holland, et al. "Constructing Normalcy in Dementia Care: Carers’ Perceptions of Their Roles and the Supports They Need." Gerontologist 60, no. 5 (November 13, 2019): 905–15. http://dx.doi.org/10.1093/geront/gnz151.
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Abstract Background and Objectives: People with dementia are critically dependent on their carers when accessing and utilizing health care. To inform health care development and delivery, we aimed to explore carers’ perceptions of their role in caring for a family member with dementia and to identify carers’ skills and attributes and factors impacting on care. Research Design and Methods: We used semistructured interviews to collect data from 25 carers supporting older adults with dementia. Data were thematically analyzed and the paradigm model was used to guide theory development. Results: “Constructing normalcy” was central to all carers did, impacted by stage of life and relationship status and driven by a holistic focus on their care-recipient’s quality of life. Goals guiding care were: keeping the peace; facilitating participation, happiness and independence; and ensuring safety. Enablers included: social contact; knowledge; and quality social services. Barriers included health and legal issues; symptoms of dementia; and reduced knowledge. These goals kept the peace and reduced stress for the cared-for person, but often at the cost of unrelenting responsibility and loss of carers’ original roles. Discussion and Implications: As carers are so critical to the access and uptake of health care of those with dementia, health professionals and services need to support carers in their quest to construct normalcy. Our findings provide guidance to assist in ensuring appropriate support and understanding of carers work in order to optimize dementia health care delivery.
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Tonolo, Sara. "International Human Rights Law and the Protection of the Elderly in Europe." Medicine, Law & Society 11, no. 2 (October 22, 2018): 107–20. http://dx.doi.org/10.18690/mls.11.2.107-120.2018.
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The protection of the elderly is a fundamental topic within the international human rights law, strictly connected to the perceived centrality of a person with disabilities as subject of rights. Some problems may arise as much from the absence of a uniform definition of elderly people and of person with disabilities, as from the different national rules on this matter. In fact the rights of elderly people have not yet received the international legal attention they deserve. Many treaties refer to rights that are of particular interest to the elderly, but there is no comprehensive international instrument that adequately addresses the specific protections required for the elderly. Actually, standards that protect older people’s rights are scattered throughout various international and regional conventions. There is no doubt that the elderly are protected by human rights treaties, as is any member of society, however, in order to realistically guarantee equal enjoyment of those rights to older persons, states must do more than refrain from violating human rights of every member of society.Varstvo starejših je osrednja tema mednarodnega prava človekovih pravic, ki je strogo povezana z zaznavno centralnostjo invalidne osebe kot subjekta pravic. Problemi se lahko pojavijo zaradi pomanjkanja enotne definicije starejših in invalidov, kot tudi zaradi različnih nacionalnih pravil v zvezi s tem. Dejansko pravice starejših oseb še niso prejele mednarodne pravne pozornosti, ki si jo zaslužijo. Številne pogodbe se nanašajo na pravice, glede katerih imajo starejši poseben interes, vendar ni celovitega mednarodnega instrumenta, ki ustrezno obravnava posebno varstvo, ki ga potrebujejo starejši. Pravzaprav so standardi, ki ščitijo pravice starejših, razpršeni po različnih mednarodnih in regionalnih konvencijah. Ni dvoma, da so starejši zaščiteni s pogodbami o človekovih pravicah, kot je vsak član družbe, vendar pa morajo države, da bi dejansko zagotovile enako uživanje teh pravic starejšim osebam, storiti več kot le vzdržati se kršitev človekovih pravic vsakega člana družbe.
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Khan, Mumtaz Zabeen. "An Assessment of the Legal Provisions for the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill, 2019 in India." International Journal of Law and Public Administration 4, no. 1 (March 29, 2021): 34. http://dx.doi.org/10.11114/ijlpa.v4i1.5201.
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Longevity is a fundamental dream of all living things. In traditional Indian culture, elders have been accorded a high status and a symbol of reverence. Each child has a virtuous duty to hold his parents as true images of Brahma, Vishnu, and Mahesh, which God has put on them. However, the winds of change are blowing all around us, and new situations are arising. The elderly have faced economic, social, and political challenges as a result of the nuclear family structure, modernization, industrialization, population growth, globalisation, rising unemployment, and poverty, among other factors. Physical, physiological, and emotional violence, as well as a lack of financial support, add insult to injury. Is it for this that a parent has dedicated his whole life? This shift in conduct necessitates the provision of defence and social welfare. Parents were increasingly oppressed, as they were compared to Godly creatures and addressed as "Matru-deo Bhava," "Pitrudeo Bhava," and so on, which was not the customary common practise. The author was moved to tears by the current situation, so he conducted this research study on the legislation for The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, in accordance with the provisions of Article 41 read with Entry 23 of the Concurrent List (Schedule VIII) of the Constitution of India. To bring to light which protective legislations, as well as Penal Provisions, were designed to provide social protection to elderly parents? And what amendments to current laws would be needed to improve Indian cultural roots? And how effective has the judiciary been in promoting and preserving the right of this vulnerable group of people, namely older parents and senior citizens, to live in dignity?
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West, Julia, Catherine Peasley-Miklus, Elias Klemperer, Jeffrey Priest, Megan Trutor, Chelsea Carman, Maria Roemhildt, Jeffrey Trites, and Andrea Villanti. "Young Adults’ Knowledge of State Cannabis Policy: Implications for Studying the Effects of Legalization in Vermont." Cannabis 5, no. 3 (November 21, 2022): 11–22. http://dx.doi.org/10.26828/cannabis/2022.03.002.
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Objectives. Cannabis policy evaluations commonly assume equal policy exposure across a state’s population using date of implementation as the key independent variable. This study aimed to explore policy knowledge as another measure of exposure and describe the sociodemographic, cognitive, and behavioral correlates of cannabis policy knowledge in young adults in Vermont. Methods. Data are from the PACE Vermont Study (Spring 2019), an online cohort study of Vermonters (12-25). Bivariate and multivariable analyses estimated prevalence ratios (PR) for correlations between knowledge of Vermont’s cannabis policy (allowed possession for adults 21 and older) and sociodemographics, cannabis use, and harm perceptions in 1,037 young adults (18-25). Results. Overall, 60.1% of participants correctly described the state’s cannabis policy. Being younger, Hispanic, non-White race, and less educated were inversely correlated with policy knowledge. Ever (PR=1.37; 95% CI 1.16-1.63) and past-30-day cannabis use (PR=1.27; 95% CI 1.12-1.45) were positively correlated with policy knowledge. Policy knowledge was more prevalent among young adults who perceived slight risk of harm from weekly cannabis use (vs. no risk; aPR=1.28; 95% CI 1.11-1.48) or agreed that regular cannabis use early in life can negatively affect attention (vs. disagree; aPR=1.55; 95% CI 1.22-1.97). Conclusion. Findings suggest that 40% of Vermont young adults in the study were unaware of current state cannabis policy and that policy knowledge was lower in younger, less educated, Hispanic, and non-White young adults. Future research should explore using a measure of policy knowledge as an exposure or moderator variable to better quantify the effects of changes in cannabis legal status on perceptions and use in young people.
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Eggers, Thurid, Christopher Grages, and Birgit Pfau-Effinger. "Self-Responsibility of the “Active Social Citizen”: Different Types of the Policy Concept of “Active Social Citizenship” in Different Types of Welfare States." American Behavioral Scientist 63, no. 1 (January 2019): 43–64. http://dx.doi.org/10.1177/0002764218816803.
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The article aims to answer the following research questions: (a) How far do European welfare states differ in the use of the policy concept of the active social citizen? and (b) How far is it possible to explain the differences with welfare regime types and welfare culture? The article distinguishes between two different types of the policy concept of active social citizenship with regard to self-responsibility. It argues that the active social citizen’s self-responsibility could be underpinned either by a major role of the welfare state, which promotes the citizens’ self-determination, or by a minor role of the state, which forces citizens to be self-reliant for funding and for organizing their own social security and services. The article is based on a cross-national comparative study for two policy fields (unemployment and long-term care policies for older people) in three welfare states (Denmark, England, and Germany), and analyzes legal frameworks, data from MISSOC (Mutual Information System on Social Protection) and secondary literature. The comparative analysis shows that countries differ in the type of the policy concept of active social citizenship they use. Differences in the type of welfare regime and also differences in the welfare culture contribute to an explanation of these differences. The article is innovative in that it offers a systematic analysis of the differences in the ways in which welfare states of different regime types conceptualize “active social citizenship” with regard to the citizens’ self-responsibility.
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Zink, Sarah. "The Protection of Age-related Vulnerable Persons in Criminal Proceedings under German Law – An Examination Measured Against the European Guidelines." European Criminal Law Review 12, no. 2 (2022): 217–29. http://dx.doi.org/10.5771/2193-5505-2022-2-217.
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Population ageing is a phenomenon that affects our societies, with both the number and proportion of older people growing across Europe. This impacts the legal capacity of vulnerable adults, who face challenges and difficulties in protecting their rights, defending their interests and accessing justice, both in national and in cross-border situations. In cross-border situations, for instance, in the case of citizens residing in a State other than that of their nationality, these existing difficulties may be exacerbated by additional obstacles with respect to language, representation or access to the judicial system and to public services in general. Those needs have been identified by the European Union. On 27 November 2013, the Commission adopted a Recommendation on procedural safeguards for vulnerable persons suspected or accused in criminal proceedings.1 The aim of the Recommendation is to encourage Member States to strengthen the procedural rights of all suspects or accused persons who are not able to understand and effectively participate in criminal proceedings due to age, their mental or physical condition or disabilities (‘vulnerable persons’). On 27 May 2021, the Council of the European Union invited the Member States to ensure the full implementation of the existing provisions.2 Consideration is being given to whether further action should be taken. This article assesses the extent to which the existing German criminal procedure law currently meets the standards for protecting older suspects and accused persons identified by the Recommendation of the Commission. By establishing minimum rules on the protection of procedural rights of suspects or accused persons in this field, the trust of Member States in criminal justice systems of other Member States can be strengthened and, thus, mutual recognition of decisions in criminal matters can be improved. In order to achieve the establishment of minimum rules, it is necessary to create a common understanding of the systems of the other Member States, which this article seeks to achieve. It also intends to provide insight into the German system that would be needed to decide, together with a consideration of the systems of the other Member States, whether further legislative action at the level of the European Union, in particular in the form of a Directive, is required.
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Yegorova, Lyudmila. "Modern Regional Media Discourse Features (on the Example of the Republic of Crimea Printed Press)." Theoretical and Practical Issues of Journalism 7, no. 4 (October 15, 2018): 615–28. http://dx.doi.org/10.17150/2308-6203.2018.7(4).615-628.
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The mass media regional discourse is a part of mass media national space, simultaneously it has certain features that reflect regional specifics. These features are systematically displayed by mass media agenda, by the ways of information presentation, interpretation of socially significant events, the priority themes and genres, organization of the dialog with audience, media texts compositional and stylistic design. Newspapers as one of the important for the region printed mass media types concentrate regional mass media discourse attributes. The given research attempts to reconcile the theory of regionality with the real factors and facts of the Crimea media history in its dynamic characteristics displayed in the regional newspapers. It should be noted that integrated analysis of the Crimea regional media discourse in the newspaper segment presents the regions informational worldview in 2013-2015, the period of Crimea sovereignty changing and the peninsula comprisal to the Russian Federation. Regional newspapers are diverse information media, they are obtainable and convenient first of all for the accustomed reader. These characteristics afford ground for regarding the newspaper as a regions informational space core. The newspaper sheet corporality is perceived positively by many people (mainly by the older generation). A regional newspaper has an undeniable advantage - it realizes in its content principle of closeness to the reader living in the particular region. The Republic of Crimea press thematic preferences analysis (eight Crimea-wide and municipal periodicals publications have been analyzed) enables one to designate the following regional 2013-2015 agenda priorities: Crimean deputies and officials work; the Russian Federation, Ukraine and Crimea relations; Crimea legal status; language issue; Crimean economics problems and achievements; ecology; culture; tourism, - which form the public opinion, influence standards of events perception by society.
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Kuzuya, Masafumi. "Evaluation of nutritional status of older people." Nippon Ronen Igakkai Zasshi. Japanese Journal of Geriatrics 50, no. 2 (2013): 187–90. http://dx.doi.org/10.3143/geriatrics.50.187.
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van den Heuvel, Wim JA. "Discrimination against older people." Reviews in Clinical Gerontology 22, no. 4 (July 3, 2012): 293–300. http://dx.doi.org/10.1017/s095925981200010x.
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SummaryThe increasing number of old people is becoming a growing policy concern. Negative attitudes towards old people raise questions about the extent to which discrimination against old people exists and elder abuse occurs. This paper describes the occurrence of discrimination against old people and elder abuse, as well as the factors related to it, based on a review of (scientific) literature, official documents and the actions of legal bodies.Frequent or regular age discrimination, as experienced by old people themselves, is reported by a quarter of European citizens. Data on elder abuse vary and are often not representative; the same goes for data on inequality. Nevertheless, the analysis shows that discrimination against old age and elder abuse occurs regularly in the ‘western world’. Vulnerable old people are especially at risk. National and regional, multi-component action plans are recommended to combat discrimination against old people.
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Miller, N., and J. Patterson. "Dysphagia: implications for older people." Reviews in Clinical Gerontology 24, no. 1 (November 27, 2013): 41–57. http://dx.doi.org/10.1017/s095925981300021x.
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SummaryDysphagia represents a salient concern in many conditions prevalent in older people. There are direct implications for morbidity and mortality. The importance of recognizing and managing dysphagia in hospital and the community also extends to psychosocial impact and quality of life, as well as health, economic and ethical-legal issues. This review outlines reasons for the importance of recognizing and treating dysphagia. It then proceeds to look at recent developments in our understanding of the nature, assessment and management of dysphagia in older people. Whilst there are well-established practices in assessment and management, ongoing work continues to challenge the validity and reliability of many methods. These concerns are covered and directions for future developments highlighted.
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Simonova, M. A., and T. N. Turko. "Problems of the legal status of transgender people." Право и государство: теория и практика, no. 3 (2022): 42–46. http://dx.doi.org/10.47643/1815-1337_2022_3_42.
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Engelheart, Stina, Daniela Andrén, Dirk Repsilber, Heléne Bertéus Forslund, and Robert Jan Brummer. "Nutritional status in older people – An explorative analysis." Clinical Nutrition ESPEN 46 (December 2021): 424–33. http://dx.doi.org/10.1016/j.clnesp.2021.08.036.
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Ried, L. Douglas, Richard E. Johnson, and David A. Gettman. "Benzodiazepine Exposure and Functional Status in Older People." Journal of the American Geriatrics Society 46, no. 1 (January 1998): 71–76. http://dx.doi.org/10.1111/j.1532-5415.1998.tb01016.x.
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Podgorica, Nertila, Blerta Zenelaj, Daniela Deufert, Michael Ganner, and Magdalena Flatscher-Thöni. "A Narrative Review on Legal Aspects of Older People in Albania." Journal of Educational and Social Research 10, no. 5 (September 23, 2020): 88. http://dx.doi.org/10.36941/jesr-2020-0090.
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Older people over the world have been confronted with challenges such as poverty, discrimination, and abuse, hindering their human rights and their place in society. However, the world has not tackled this challenge with urgency. While concerns associated with older people are not a new phenomenon, they have been perceived as challenges that warrant solutions that are operational, reactive, and piecemeal. This is particularly true in the case of Albania. Although older people have been historically ignored by human rights law, their rights and legal aspects are now emerging as an integral part of public policies. Within this frame, our review explores the legal aspects of older people in Albania. From the findings, it has been revealed that although there are laws ensuring legal aspects of elderly people in Albania, they have not been effectively implemented. There is a huge need to effectively implement legal support and rights for older people in Albania.
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Jonson, Hakan. "The Othering of Older People in Disability Policies." Innovation in Aging 5, Supplement_1 (December 1, 2021): 134. http://dx.doi.org/10.1093/geroni/igab046.519.
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Abstract Disability policies in Sweden rest on the idea that all humans have equal value and a goal of policies has been to enable persons with disabilities to be able to live like other members of society, but older people do not seem to be included as part of this goal. The presentation concerns the Swedish support system’s legal discourse, and investigates the rationale for excluding people over the age of 65 from services that younger people with disabilities may obtain. Data consists of government texts and court decisions under the Severe Disability Act about services for people over the age of 65. It was found that little in the legal discourse concerns the needs and rights of older people, and the general belief is that the Severe Disability Act is primarily intended for children, young people, and adults of working age. The legal discourse contained a type of “residual ageism” that was justified through the indirect construction of older people as different. Othering of older people was present in assumptions about differences in categorizations (people with disabilities vs older people with support needs), needs (active age vs not active age), and comparisons (with people without disabilities of the same age vs with others receiving eldercare). The presentation outlines potential changes of these policies.
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McGuire, J. Michael, and Amy Werremeyer. "Serotonin Toxicity in Older People." Senior Care Pharmacist 37, no. 9 (September 1, 2022): 377–79. http://dx.doi.org/10.4140/tcp.n.2022.377.
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Serotonin toxicity, sometimes referred to as serotonin syndrome, results in a triad of clinical features that include autonomic signs, neuromuscular changes, and altered mental status, which may range from mild symptoms to fatal toxicity. As a result, serotonin toxicity is best thought of as a spectrum of symptoms rather than as a syndrome. Older patients may be at higher risk for serotonin toxicity because of the presence of drug-drug interactions as well as pharmacokinetic changes that occur with aging.