Old age is referred to a stage of life when an individual is no longer seen as a young person or a youth. At this stage, the individual is no longer active in distinct facets of life both mentally and physically as such person would need different kinds of assistance to be able to carry on with life. This stage of life has also been classified as senior citizen in different jurisdiction. However that an individual can be very old while being able to get on with physical activities and another individual might not be old, yet unable to be physical. Meaning, the government need to make adequate provision for this stage of life because it is inevitable for the living.
Old age is a stage of life that every individual would mature to, if the individual keeps breathing or continues to live. It is characterized by a time in life where an individual would expectedly begin to seek for support and help whether physical or otherwise.
The Oxford Advanced Learner's Dictionary 6th edition has explained Old age as " the time of your life when you are old: Old age can bring many problems". This means one aspect of the many challenges associated with old age is health or medical issues.
A United Nations Report has revealed that
enhancing older people’s capacity needs to be
seen as an integral part of efforts to promote
overall societal development (UN, 2002).
While developed economies have made, and
keep making conducive socio-economic
environment for the elderly in terms of their
welfare, the reverse is the case in many
developing countries.
https://www.google.com/search?q=an+evaluation+of+the+government+free+medical+programmeWe can't talk about old age/health and old people's home without relating it to rights (if any). Therefore, as far as Nigeria is concern, there have been some studies conducted in this area to analyse the issues
Consideration of Rights of the Old PeopleWhile lack of political will and different priorities are the factors directly underlying Nigeria’s failure to ratify let
alone implement the draft National Ageing Policy, it has been observed that a closer look suggests that the law
makers are not sufficiently sensitized to the scope, nature or seriousness of older people’s problem nor to the
broad economic and social development implications of leaving these problems unaddressed in the context of
rapid population ageing.8
The key cause of Nigeria’s failure to act on ageing is thus the ominous lack of
comprehensive, high quality evidence of the magnitude, nature and implications of the population ageing
challenge that would serve to sensitize policy makers.
Abuse of vulnerable old people is not a phenomenon that is new in Nigeria, likewise other parts of the
world. Older persons should be able to live in dignity- free of exploitation and physical or mental abuse.
Anything else is quite simply a breach of their human rights. Human rights are possessed by everybody – older
age is not a ground for denying a person their human rights or restricting their enjoyment of them.
There are many international agreements guaranteeing basic human rights to all people, without
discrimination. The Universal Declaration on Human Rights (UDHR) is one of the best-known agreements and
the most influential of the agreements. Human rights impose duties on the State to ensure fair and appropriate
treatment of her subjects. They also require the State to make sure that it protects its subjects from unjust
interfering with their rights.
When the UDHR was signed in 1948, there was broad agreement in favour of
translating the principles into legally binding instruments at a later time. What followed was the creation of the
International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic,
Social and Cultural Rights (ICESCR). Both Covenants were adopted by the General Assembly in 1966, and
entered into force in 1976. Taken together, the UDHR, the ICESCR and the ICCPR with its two additional
protocols constitute the ‘International Bill of Human Rights’.
Article 25 of the Universal Declaration of Human Rights makes reference to right to security in the
event of old age. In addition to Bill of Rights, there are seven other core UN human rights treaties: the
Convention on the Elimination on All Forms of Racial Discrimination, CEAFRD (1965); the Convention on the
Elimination of All Forms of Discrimination against Women, CEAFDW (1979); the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, CTOCIDTP (1984); the Convention on the
Rights of the Child, CRC (1989); the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families, (1990); the Convention on the Rights of Persons with Disabilities
(2006); and the Convention for the Protection of all Persons from Enforced Disappearance (2006).
Human rights are universal and non-negotiable rights of every individual that falls within the category
of people who should enjoy certain rights, therefore applicable to everyone regardless of their sex, age, religious
affiliation, disability, sex, etc.
The Bill of Rights is an international document that protects the rights of all
persons, including the aged. Article 25(1) of the UDHR specifically provides that everyone has the right to
security and a standard of living adequate for the health and well-being of himself and his family. The
Committee on Economic, Social and Cultural Rights (CESCR) in 2009 in its released General Comment No.20
stated in paragraph 29 that ‘Age is a prohibited ground of discrimination in several contexts’. The CESCR
emphasises the need to address discrimination against older persons in finding work, in professional training, and
against those living in poverty with unequal access to pensions.
The right to social security is firmly established in international human rights law and several treaties
specifically refer to old age protection through social security.5
Several instruments at the Regional level also
emphasize the right of social security for older people. These are the African Charter on Human and Peoples’
Rights; the Revised European Social Charter; the Additional Protocol to the American Convention on Human
Rights in the Area of Economic, Social and Cultural Rights; and several International Labour Organization
(ILO) conventions and declarations, including Convention C102 concerning Minimum Standards of Social
Security (1952) and Convention C128 concerning Invalidity, Old-Age and Survivors’ Benefits. Convention 102
establishes globally agreed minimum standards for all nine branches of social security: medical care, sickness
benefit, unemployment benefit, old-age benefit, employment and injury benefit, family benefit, maternity
benefit, invalidity benefit, and survivors benefit.
Article 25(b) of the Convention on the Rights of Persons with Disabilities (CRPD) 2008 makes
reference to ‘Older persons’ on the right to health services, and in Article 28(2)(b) on the right to access to social
protection and poverty reduction programs.
The International Covenant on Economic, Social and Cultural Rights (ICESCR) sets out specific
commitments on the right to social security:
• States are obliged to progressively ensure the right to social security to all individuals within their territories, providing specific protection for disadvantaged and marginalised individuals and groups.
• States must develop a national strategy for the full implementation of the right to social security in old age, and
allocate adequate fiscal and other resources at the national level.
• States cannot rely only on contributory systems for old age pensions, as all individuals do not have sufficient
means to maintain an adequate standard of living. Therefore:
• States should, within the limits of available resources, provide non-contributory old age benefits to assist, at the
very least, all older people who, when reaching the retirement age, are not entitled to an old age insurance-based
pension.
There have been documents calling for the declaration of the rights of older persons that have been
introduced to the United Nations bodies and their specialized organs. These are the Declaration of Old Age
Rights, presented by Argentina in 1948 advocating the rights to assistance, food, accommodation, clothing, care
of physical and moral health, recreation, work, stability and respect. The preamble to the Declaration preserved
old age rights as essential universal safeguards for the improvement of the living conditions of the workers and
for his welfare when his physical strength is at an end and he is exposed to poverty and neglect. Also, the
International Federation of Ageing and the Dominican Republic submitted a draft Declaration of the Rights of
Older Persons adopted by the General Assembly in 1991. The declaration emphasizes that rights do not lessen
with age, and because of the marginalization and impediment old age entails, older persons run the risk of losing
their rights and being rejected by the society unless those rights are reaffirmed and respected.
The Human Rights Council Advisory Committee released a report in January 2010 discussing the
global impact of demographic ageing and the increasing number of human rights violations suffered worldwide
by the older people in the areas such as physical and moral integrity, susceptibility to poverty, employment,
social security and health care.
The Committee in its Report canvassed for the need for a human rights treaty for
older people to enhance the visibility of older person in human rights law. It submitted that lack of explicit
reference to old people in the general human rights law applicable to everyone attracts discriminatory attitude
and practice to the old persons, and as a result old persons are invisible as a group within the law.
The
Committee concluded that older persons would become more visible:
If they were internationally recognised as holders of universal human rights, just as women,
children, indigenous groups, and persons with disabilities were recognised as distinct groups
requiring special care and concern under the existing human rights regime.
The UN Secretary-General’s report (2011) on the follow-up to the Second World Assembly on Ageing
observes that some good measures with regard to older persons’ rights have been introduced since 2002.
However, there are inconsistencies on these policies among nation-states and the policies do not indicate the
presence of a comprehensive legal, policy and institutional framework for the protection of the human rights of
older persons:
Particularly lacking are mechanisms of participation and accountability. In varying degrees,
contributions underline deficits in implementation of policies, when available, while others
note measures may be effective but insufficient when confronted with large and growing
demands. In situations where more structural measures are required, some governments have
chosen a welfare approach which may not ensure sustainability or long-term impact on the
enjoyment of human rights without discrimination (UN Secretary-General 2011).
According to Fredvang and Biggs, implementation gap occurs when nation-states fail to pass domestic
legislation, or do not establish procedures and institutions that are required to implement an international
standard.
Nigeria stands at a strategic position in Africa being the most populous black nation in the continent
and also having a likelihood of progressive increase in the number of her senior citizens as the population swells.
Implementation of policies that will favour and protect the older people is therefore very germane to help in
reducing the unnecessary hardship and discrimination faced by these people due to the disability based on age.
Developing Policy Strategy for the Protection of Rights of the Older People in
NigeriaIt has been observed that lawmakers have not been sensitive to the scope, nature and seriousness of older
persons’ plight in Nigeria; neither are they sensitive to the broad economic and social development implications
of leaving these problems unaddressed in the context of rapid population ageing.
Coupled with adequate
sensitization of the policy makers of the need to help the ageing population to live decent life, there may also be need to develop informed policy strategy that will aid in protecting the rights of the teaming population of the
aged in Nigeria.
10 COMMON ELDERLY HEALTH ISSUES THAT EVERY SOCIETY IS LIKELY TO GO THROUGH FOR THEIR ELDERLY
Getting older can seem daunting—greying hair, wrinkles, forgetting where you parked the car. All jokes aside, aging can bring about unique health issues. With seniors accounting for 12 percent of the world’s population–and rapidly increasing to over 22 percent by 2050–it’s important to understand the challenges faced by people as they age, and recognize that there are preventive measures that can place yourself (or a loved one) on a path to healthy aging.
According to the National Council on Aging, about 92 percent of seniors have at least one chronic disease and 77 percent have at least two. Heart disease, stroke, cancer, and diabetes are among the most common and costly chronic health conditions causing two-thirds of deaths each year.
https://vitalrecord.tamhsc.edu/10-common-elderly-health-issues/However, some jurisdictions in the world have gone steps further to provide health and security coverage for there old age stage. Jurisdictions like Israel, India, Brazil and USA. In comparison to the developing countries, Brazil and India have the most developed health care system for protecting the rights to health of the aged. These jurisdictions have made legal policy framework which are standing points for adjudication of health rights for or by the aged patient.
This assertion is supported by my research to find health cases for old age ending in courts.
In Africa though,
South Africa and Kenya seem to have limited cases that have gone to court in such capacity. Example for south Africa
Soobramoney v. Minister of Health, Case CCT 32/97 (1997)
Constitutional Court of South Africa
Appellant Mr. Soobramoney had diabetes, ischemic heart disease, and cerebro-
vascular disease. When his kidneys failed in 1996, he was diagnosed with
irreversible, chronic renal failure and he requested to be placed on the dialysis
program of Addington State Hospital. Because of the hospital’s limited resources
and capacity, it was unable to offer dialysis to all of those in chronic renal failure.
As a result, it followed the strict policy that only those patients with acute renal
failure who could be treated and remedied were given automatic access. Also
according to the hospital’s policy, only those with chronic renal failure eligible for a
kidney transplant would be given dialysis. Mr. Soobramoney was not eligible for a
kidney transplant as a result of his ischaemic heart and cerebro-vascular diseases.
The appellant claimed that the hospital was required to make dialysis treatment
available to him to comply with sections 27(3) and 11 of the 1996 Constitution,
providing that no one may be refused medical treatment, and everyone has a right
to life, respectively.
For Kenya
High Court of Nairobi
The petitioner sought urgent medical attention for his life-threatening terminal
illness, Benign Hypertrophy. He claimed his fundamental social and economic
rights under Article 43 of the Kenyan Constitution, as well as the special
protections for older members of society ensured in Article 57. He asserted that his
requests for free treatment were not unreasonable, as the constitution specifically
intended to protect those poor and marginalized members of society.
But Brazil and India have the most developed of them all and they are guided in their constitutions. Example with the Brazil:3.1.2b State of Espirito Santo v. Eduardo Antonio Vieira Tapias RE 523726/ES (2007)
Federal Supreme Court
In 2007, the State of Espirito Santo appealed another Court of Justice decision that
the State was responsible for providing all of the medical treatment and medicines
necessary to treat a serious illness, including the provision of Viagra, even though it
was not on the essential medicines list to be provided free of charge. The Federal
Supreme Court affirmed the lower court’s decision, holding that the State must
provide free pharmaceutical drugs and healthcare services—including Viagra—to
those suffering from disease who could not afford them.
3.1.2c Municipality of Caxias do Sul v. Vinicus Carpeggiani AI 797349/RS (2011)
Federal Supreme Court
The Municipality of Caxias do Sul appealed a decision of the lower court that the
federal, state, and municipal governments held joint liability for providing free
medication to those financially needy and suffering from serious disease. The
Federal Supreme Court upheld the lower court’s ruling that all three government
branches were liable for securing access to “medicines [for] the preservation of [a
person’s] life and/or health,” and that doing so was “a constitutional duty that the
state [could not] fail to meet”
Health care priority setting in the courts:
https://f1000research.com/documents/6-242In the case of India, it has implored different means to protect the health of the old age and ensure that the senior citizens (as it is mostly called) live a good. One of the means is by providing legal framework by the government to target group, which is the old age. India, there are appropriate legal provisions for the old age enshrined in the constitution which are in different categories, ranging from government responsibilities to family and children responsibilities to the old aged. For example, these roles are covered in the maintenance and welfare of parents and senior citizens act, 2007. Some cases have come under this act, tested, adjudicated upon and enforced. Example of these cases are
Prem Kumar vs Krishan Kumar Sharma and Another:
before respondent no. 3 for payment of monthly maintenance allowance to the tune of Rs. 20,000/- from the petitioner and respondent No. 2 and for eviction of the petitioner.....
The respondents stated that they are ready and willing to maintain their father, however, they can not pay the maintenance amount. Therefore, keeping in view the age, illness and the medical expenses, the amount ordered by the Presiding Officer Maintenance Tribunal (SDM0, Bhatinda under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 is enhanced. The appeal is accepted and the respondent No. 1 Prem
Prem Kumar is ordered to pay Rs. 3000/- per month
https://www.legitquest.com/case/prem-kumar-v-krishan-kumar-sharma-another/B9B7A the difficulties faced by aged persons at the hands of their children, new law known as Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has been passed with a purpose to give some relief to senior citizens if they are ignored by their children after devastating them of their property.
https://www.google.com/amp/s/www.casemine.com/judgement/in/56e66869607dba6b53432a33/ampThe India old age health system is well supported by the law as Section 20 in The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, gives medical
support for senior citizens.
" —The State Government shall ensure that,—i(i) the Government hospitals or hospitals funded fully or partially by the Government shall provide beds for all senior citizens as far as possible;
(ii) separate queues be arranged for senior citizens;
(iii) facility for treatment of chronic, terminal and degenerative diseases is expanded for senior citizens;
(iv) research activities for chronic elderly diseases and ageing is expanded;
(v) there are earmarked facilities for geriatric patients in every district hospital duly headed by a medical officer with experience in geriatric care."
https://indiankanoon.org/doc/31626712/Section 19 provides for building of old age homes19 Establishment of oldage homes. —
(1) The State Government may establish and maintain such number of oldage homes at accessible places, as it may deem necessary, in a phased manner, beginning with at least one in each district to accommodate in such homes a minimum of one hundred fifty senior citizens who are indigent.
(2) The State Government may, prescribe a scheme for management of oldage homes, including the standards and various types of services to be provided by them which are necessary for medical care and means of entertainment to the inhabitants of such homes. Explanation. —For the purposes of this section, “indigent” means any senior citizen who is not having sufficient means, as determined by the State Government, from time to time, to maintain himself.
https://indiankanoon.org/doc/188516410/In concluding, the India system properly situate the old age stage in the scheme of things, apart from creating separate queues section 20(ii) of maintenance and welfare of parents and citizen Act,(2007), they celebrate annually, the international day of older persons.The rights of older persons are the entitlements and independence claimed for senior citizens (i.e. above 60 years of age). Elderly rights are one of the fundamental rights of India. The International Day of older persons is celebrated annually on October 1.
https://en.m.wikipedia.org/wiki/Elder_law_in_India
