Autonomy and care of elder people in dependency situation in Spain: a meeting between generations

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Dokumentart: Article
Date: 2011
Source: Oñati Socio-Legal Series, 1-8, 2011
Language: Spanish
Faculty: Das kriminologische Repository des <a href="">Fachinformationsdienstes Kriminologie</a> enthält forschungs- und fachrelevante Literatur mit dem Schwerpunkt auf "graue Literatur" (Berichte von Ministerien, amtliche Statistiken etc.). Alle Dokumente werden auch in der kriminologischen Literaturdatenbank <a href="">KrimDok</a> nachgewiesen.
Department: Kriminologie
DDC Classifikation: 360 - Social problems and services; associations
Keywords: Alter , Spanien , Betreuung
Other Keywords:
Old age
Dependence Spanish Law
Elder Law
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Reality shows that human life is multiple, diverse, and, indeed, very complex. We can find, young and old; men and women; rich and poor; healthy and sick; different races. As never before there are even whole families, multigenerational and aged. But also, older people living with disabilities, disabled, or in a situation of dependency. The latter group in particular, requires special factual conditions and regulations to ensure its development in terms of justice. Conditions which, although they are recognized by the social actors (government, individuals, society) often get behind a utopian discourse: beautiful ..., but impractical. It is precisely this ambivalent scenario that gives rise to a range of negative and discriminatory practices against age, impacting on all areas of its autonomy, freedom and equality and the exercise of their fundamental rights. Therefore, not without reason stated above, in the current law, the elderly end up becoming the new weak people of this system. In this paper, it will presented from a legal philosopher, the legal scope of the Spanish model referred to autonomy and care of older people in situations of dependency, reflected by the Law 39/2006 of December 14th concerning the Promotion of Personal Autonomy and Care for Dependent People. The reasons that gave rise to legal philosopher and their relationship with fundamental rights, the State Constitutional Law and European Law will be observed. Finally, the possibilities of reception of this model by the Argentine Elder Law and its contribution to the development of an international convention on the rights of older people will be discussed.

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