International Human Rights Law and the Protection of the Elderly in Europe

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.