By- Adv. Md. Zeeshan Chand
Email- zeeshanlawbhu@gmail.com
CHAPTER I
INTRODUCTION
“Use the
experience of elder person don’t make them feel that they are useless because
being unwanted is biggest disease”
- Mahatama
Gandhi
The
above mentioned quote is more suitable for elderly community, which is today
vulnerable just as women and children. A
story from World renowned epic “Jai” which later assumed fame as “Mahabharata”,
which entails in itself all facets and colours of life, tells about a well
which had alone fulfilled and flourished four neighboring attached wells and
continued to do so till date it had capacity but all four wells could not
fulfill it even in their age of maturity and flourishment. This concept was
explained by Pitamah Bhism, noble character of Mahabharata, to Yudhhisthhir as
situation of parents in Kaliyug. Parents will maintain and take care of their
offsprings with their whole efficiency but all of their children could even
maintain them in their old age. The epic which throws open most of the critical
relations and their bonding between persons in society narrates clear picture
of any family and old age people.
The
population of elderly community is increasing by leaps and bounds due to
enormous increase in the health services. If this process continues in near
future, at particular point of time the population of elderly will be maximum.
Therefore it is call of the hour to provide adequate safeguards to protect the
interests of this vulnerable group. Appropriate measures of maintenance could
help considerably in the right direction. Ageing
is not only a biological and cultural process but also a universal and
unavoidable phenomenon irrespective of the political and physical peculiarities
of the globe. It, thus, is a problem of almost every country from North Pole to
South Pole, from developed countries to developing countries and from first
world countries to third world or under developed countries equally and
simultaneously. Day in and day out, somewhere or the other, in one context or
another, the elders figure in our dealings. Thus, with the number of elderly
people on the increase, at a rate faster than general population, the greying
of globe has become more discernible than ever and consequently the care,
protection and maintenance of the elders
is focus of concern and an issue of discord across the world.
The
act is very relevant today and there are catenas of justifications for us to
peruse, discuss and analyze critically the problems of the aged, as for
instance, they constitute fifteen percent of the world population, it is a
problem of almost every country, ageing is everybody’s problem as everyone,
willy-nilly, is bound to age and experience the impact. These and many more
reasons which justify amply the urgency to scan this multifaceted,
multi-pronged psycho-socio-legal issue of the aged. Unless we manoeuvre it
depthly by its forelock now and here and take appropriate, logical and
state-of-the-art steps, we may well nigh be caught napping at a point of no
return. We, therefore, as social scientists or social engineers must move
forward with firm determination to highlight the salient issues and ponder over
them and evolve suitable measures to combat them. What actually needs to be
done is to tap the grey human resources effectively in a prudent style. Let us
not forget that aged persons are the custodians of our traditions and culture.
They are spokesmen and representatives of a bygone age and in fact living links
with the generations that are no more. They constitute an integral and precious
part of the society, they should not be looked upon as useless seniles with
emancipated bodies, insipid and impaired faculties. So it is our moral, pious
and legal obligation to treat them with dignity, love and affection.
When
we switch over to the challenges and problems of the grey population we find
that they no longer command respect as they used to because of an erosion of
family values. The disintegrating system of the joint family, rapid
industrialization and changing social values have together caused serious
problems for the aged. The elderly people who used to be the main decision
makers or third umpires in every family in the past have now become unwanted
creature in this twenty first century-a century of individualism. Under the
changed circumstances in the urban area we can find families where they are
treated like an unavoidable burden if they cease to remain productive members.
The aged are facing plethora of problems, as for instance, financial problems,
health problem and medical care, familial and emotional problems and housing
problems etc. It must be noted that majority of the aged people have financial
problems. Even those who get retirement benefits after retirement find it
difficult to meet their basic requirements. In the absence of their own regular
source of income, they have to depend on their children who find, it difficult
to meet their demands probably due to the price hike and fast changing life
style. Problem relating to health and medical care such as, eye-sight,
cataract, Alzheimer’s disease etc. is the second major problem of the aged.
Another crucial problem is the abuse of the elders mainly within the precinct
of the house. Physical abuse is done by the younger generation on the aged.
They are branded as nuisance to the younger generation. Besides the physical
abuse, there are numerous other abuses namely verbal, psychological, emotional,
socio-economic etc. They are facing exploitation, harassment, ill-treatment,
deprivation and neglect. The deprivation and neglect would include depriving
them of love, care, concern and understanding and neglecting their health and
other needs, both economic and emotional. Apart from this, abandonment is also
posing as serious threat. Abandonment takes place when the aged are asked to
leave the house for the reason that they are creating a lot of nuisance in the
family. The elders feel abused or that they are neglected by way of not
providing them with sufficient food and other facilities, comforts, necessary
elementary services of health care, hygiene etc. This kind of neglect is a very
deeply felt abuse for the elderly because it gives them the feeling that they
are no more really needed and whatever they have done for the family is being
forgotten. They feel that since they are of no use now, they are being
neglected. It is not only the younger generation but older generation is also
responsible for the abuse. The elderly people are over demanding and they
expect too much from the younger generation. They lack the understanding about
the situation of the younger generation who are also working very hard to eke
out a living.
Considering
the magnitude of the problem the United Nations (hereafter referred as the UN)
proposed a Draft Declaration on Old Age Rights in 1948. Again in 1969, this
item was placed on the agenda of the General Assembly. In 1972 the Economic and
Social Council (ECOSOC) of the UN deliberated on this issue at length but it
could not be adopted. The first World Assembly on Ageing (WAA) was held in
Vienna, Austria, in August, 1982. The United Nations General Assembly through a
resolution of December 3, 1982, endorsed the Vienna International Plan of
Action on Ageing. The second World Assembly on Ageing, held in Madrid, Spain
from 8-12 April, 2002, marked a turning point in our thinking. The objective of
the Assembly was to promote a society for all ages. The Assembly
recognized ageing as a global phenomenon and supported its inclusion in the
global development agenda. Among its series of recommendations, the Madrid
International Plan of Action on Ageing encouraged Governments to review
policies to ensure generational equity, and to promote the idea of mutual
support and solidarity between generations as key elements of social development.
Further, it focused links between aged and development; measures to mainstream
ageing within the context of current global development agendas; appropriate
forms of public and private partnerships at all levels to build a society for
all ages; and measures to strengthen the solidarity between generations. In
1990, the UN General Assembly designated October 1st as the
International Day of Older Persons (IDOP). At its 46th Session (1991) the
General Assembly adopted the United Nations Principles for Older Persons of
1991 (UNPOP). The eighteen principles enunciated by the UN fall into five
clusters, namely independence, participation, care self fulfillment and
dignity. Year 1999 was observed as the International Year of Older Persons
(IYOP) and the objective thereof was: Towards a Society for All Ages (Emphasis
supplied).
The
theme of the International Day of Older Persons (2004) – older persons in an
intergenerational society – recognizes the important role that older
persons play in their families, communities and societies.
Our
Indian culture and traditions has always recognized the need of care,
protection and maintenance of the elderly. Manu has said:
o`)kS p ekrkfirjkS lk/oh Hkk;kZ lqr% f’k’qk%A
vI;dk;Z’kra d`Rok HkrZkO;k euqjczohr~AA es/kk0¼euq 4@251½
means
“the aged parents, a virtuous wife and an infant child must be by doing a
hundred misdeeds”.
In
view of rapidly increasing populations of the aged, it will be useful for India
to take into consideration the policy measures, laws and welfare programmes
prevalent in USA, Sweden and other occidental countries for the purpose of
formulating a policy for the ageing and evolving programmes and machinery for
them. Indian Constitution in its
Directive Principles recognizes the care of elderly under Article 41. The Hindu
Adoption and Maintenance Act, 1955 under section 20(3) provides for the
maintenance of the aged parents. Section 125(1)(d) of the Code of Criminal
Procedure, 1973 also provides for the maintenance of the parents. Certain
States have also enacted laws to tackle this issue effectively, but of course
within the precinct of economic constraints. The Parliament has recently
enacted legislation the Maintenance and Welfare of Parents and Senior Citizens
Act, 2007. But these statutory provisions
are merely a drop in the ocean in view of the vast aged population of India.
If we look upon the problems of the aged
we find that there is not one way of caring for them but innumerable ways. In
this maintenance is the most important tool.
Thus, there may be plethora of governmental and non-government efforts
for the protection and welfare of the grey population. The care of the aged is
essentially an urban phenomenon and the problem should be considered as a
matter of justice and not more charity. The Government of any welfare state
worth the name should assume full and total responsibility for its grey
citizens. If the pressures of urban life precludes the possibilities of their
near and dear ones looking after them undoubtedly it is the state’s responsibility
to care and to have compassion for them.
CHAPTER II
THE AGED PERSONS: NEED FOR
PROTECTION
The modern socio-economic system has made old age a serious and social
problem. Loss of gainful employment means reduction of status. Loss of spouse
may lead to loss of home and prestige once enjoyed as the head of the family.
The loss of friends and diminishing energy also reduce social status[1].
The problems of the aged in India and for that matter in most societies
of the Third World, are bound to differ from the problems of the old persons in
the West and other developed societies for, the social institutions, cultural
milieu, customs and traditions, religious and community controls as also the
individual and group psychology of the two worlds differ substantially.[2]
The world population is ageing at a steady, quite spectacular rate. The
total number of persons aged 60 and above rose from 200 million in 1950 to 400
million in 1982 and it is projected to reach 1.2 billion by the year 2025, at
which time over 70 percent of them will be living in what are today's
developing countries. The number of people aged 80 and above has grown and
continue to grow even more dramatically, going from 13 million in 1950 to over
50 million today and projected to increase to 137 million in 2025. This is the
fastest growing population group in the world, projected to increase by a
factor of 10 between 1950 and 2025, compared with a factor of six for the group
aged 60 and above and a factor of little more than three for the total
population.[3]
Indian family system, which has been the chief source of support and
sustenance for the elderly and other weaker members, is changing in structure
and function because of industrialization, urbanization, modernization and
occupational mobility. The changing demographic scene with more elderly would
mean relatively fewer working people to support them. Hence harnessing the
resources and skills of the elderly along with the young can alone
prevent the aged becoming a constantly increasing socio-economic burden to the
society.[4]
1.
CAUSES
FOR FEAR OF THE ELDERLY CITIZENS
The effect of industrialization and urbanization has not left families
untouched. The changes appear to be shocking as the roles and functions of the
family are getting weakened. There are more structural changes like nucleation
of families, isolation of individuals reflecting a decreasing trend of
togetherness in the family.[5]
A large number of families do not have the wherewithal to take care of large
families. Therefore, the old and the infirm people are likely to be affected
adversely. Under these circumstances, the aged suffer from neglect, hardship
etc.[6]
In this way the old persons are facing plethora of problems which are as
following:
A. VANISHING
JOINT FAMILIES AND ADVERSE LIVING CONDITIONS OF THE ELDERLY CITIZENS
Though
living within family is more common among Indian elderly, 12 percent of male
elderly are staying alone and this percentage is a little above one percent for
females.[7]
According
to the National Ageing Survey (NAS) among elderly in six major states in India
following are the outcomes:[8]
1.
According to
NAS, more than 37 percent of widows are having land ownership and 45 percent of
them have a stake in house ownership.
2.
On health
aspect, the NAS found that 45-50 percent of those reporting healthy or fairly
alright seem to be working.
3.
Around 80
percent have, been contributing to the household expense. Detailed
investigation reveals that around 8.l percent male working elderly are
contributing to household expenses against 72.6 percent of their female
counterparts.
4.
A high
proportion of female elderly are living in single member households. Only 56
percent of the surveyed households have more than five members.
5.
Interestingly,
51 percent of widowed females reported as head of the household. It indicates
that females takeover the headship after their husband's death. Definitely,
husband's absence makes them independent in their course of life.
6.
Regarding the
preference to stay with son or daughter, most of them (70 to 75 percent) favour
sons as against any other choice. However, 50 percent of males and 25 percent
of females are able to materialize their choice of staying with son in old age.
7.
Nearly 35
percent of the surveyed elderly are reported to be having some or the other
perennial health problems which seem to be more in proportion with increase in
the age.
8.
Among the
three major handicaps faced by the elderly, handicap in vision seems to be
prominent with one third of the elderly being victim of poor eyesight.
9.
With regard to
saving for old age, 42 percent of the males and 32 percent of the females,
perceive saving as essential for unproductive days in old age and such feeling
is among the literate ones.
10.
In terms of
vegetarian and non-vegetarian status, it is found that more of elderly females
(36.4 percent) are vegetarian as against only 22 percent of males. At the same
time an average 7 hours sleep per day is reported by surveyed elderly, which
too shows a declining trend over increase in age.
11.
The number of institutions
for elderly care in Tamil Nadu and Kerala are higher than any other states in
India. As expected, majority (57.4 percent) institutions are run by religious
identity, 93 percent of them are run by Christian organizations.
12.
A survey of
old age homes indicates that more old age homes are required in future for the
poor, destitute, sick and handicapped elderly. Among the old age homes, 88
percent provides residential facilities whereas only 6 percent of them provide
day care services for elderly in India.
13.
Among the
major states in India, Kerala ranks first (21.89) in number of aged persons
living in old age homes like the highest percentage of aged in total
population. Tamil Nadu closely follows Kerala with 20.28 percent and the next
one is Karnataka (13.93 percent).
14.
Around 80
percent of the old age homes accommodate both men and women. There are 14
percent old age homes run only for females and 6 percent for males. The
information indicates that 67 percent of old age homes provide the services
free at cost as most of them are run by religious institutions.
15.
In terms of
facilities available in the old age homes, 53.76 percent enjoy residential
doctor facility, 27.96 percent enjoy vehicle facility and 88 percent have one
or the other recreational facilities.
16.
A major
handicap reported by the functionaries of the old age homes, seem to be lack of
finance which restricts them increasing demand for new entries.
17.
Among the old
age home inmates under study, 46 percent of them do not have a living son or
daughter and prefer to live in old age homes. Among the inmates who have
children, 74 percent of them do not feel lonely or feels uneasy to live away
from their children or relatives or friends. This is an indication of elderly's
better experience with living children.
Loneliness and isolation are also the major problems in old age. In
general, loneliness is understood as a subjective feeling of being cut off from
meaningful social contacts. It is a mental state in which an individual
experiences some sort of vacuum. Loneliness cannot be regarded as a simple,
direct result of social circumstances, but it is an individual's response to
external situations to which other old people may react quite differently. It
is much more related to social losses, for instance, death of spouse, nearest
kin and friends.[9]
As age increases, feeling of loneliness also increases among the aged.
Over 55 percent of the aged living in nuclear and post parental families and
single person households has complained that they are not psychologically
supported by their children. While explaining about this, one of the urban
women says:
"My children are engaged fully in their
occupational activities and my daughters-in-law, for most of time, are
attending to some other economic activities outside the house, and my grand
children are attending to
their schools, and there is no one I can talk to about my problems.”[10]
It is evident that loneliness is the characteristics of the aged who has
adjustmental problems with their children and, sometimes, with spouse. The
concept of isolation implies a relative lack of participation in social
relations. Tan Stall (1966) divided the concept of isolation into two stages: Firstly,
social isolation of the individual from his primary group, family and work, and
secondly, his isolation from the larger community.[11]
Familial and emotional problems are mainly concerned with neglect and
poor upkeep, and give rise to emotional and psychological problems. Depending
on others especially during sickness aggravates the situation leading to great
emotional disturbances. Loneliness is most burdensome for the aged and
especially for those who have nobody to live with. The aged faces the problem
of filling the void in their time by keeping themselves busy. Their problem has
become more acute with the joint family system, which had absorbed the aged and
the disabled. Today the old have to fend for themselves.[12]
It is bearable to some extent as long as both the parents are alive, because
they can support one another. But when one of them passes away, isolation of
the remaining parent becomes highly critical.[13]
B. DIMINISHING
SENSE OF IMPORTANCE AND NEGLECT IN THE FAMILY
In traditional set up, if an old man did not have a son to support him,
he was often welcomed by one of his brothers to join him in his household. This
is becoming less and frequent, particularly in cities, partly because of small
family norm - frequently there are no brothers -and partly because of the
shrinking range of joint family ties. In the case of a woman without a son,
usually she was welcomed to rejoin one of her brothers. Nowadays, however,
either she has no brother or, if she has one, her return his home is becoming
less and less frequent: If a daughter-in-law is reluctant to take care of her
parents in law how does one expect her to take care of her father-in-law's
sister?[14]
The increasing age at marriage has played a major role in aggravating
tensions in joint households. In the case of child marriage the daughter used
to begin her adjustment in the conjugal home at an early age when her habits,
tastes and ideas were still in the formative stage, and therefore her eventual
integration in the joint household was relatively easier. Nowadays, however,
she enters her conjugal homes when her adult personality is almost all set. She
may also bring with her strong ideas of individualism. Consequently, her
adjustment with her parents-in-law becomes difficult.[15]
The question that arises is: Are not the aged as much a part of society
as the children, the young and the middle aged? If they are, and they
undoubtedly are, is it not our duty to devise ways and means to ensure that the
old remain integrated with the society, may continue to be useful to it and may
not feel that they are unwanted and are merely being tolerated? After all, all
those who are young today will be old tomorrow. It is, therefore, all the more
necessary that we do favour elders what we would ourselves like our children to
do for us when they grow young and we grow old.
The elderly may sometimes be uneconomical, more a burden than a help, and
we may have no filial attachment with them. Even then, are in right in hurling
abuses at them, and deriding them, insulting and humiliating them, when we
consider the fact that they are nearer death than life, that they are the ones
who have supped full of the honey and agony of life and that they are in the
last stages of their journey? Let us not forget that the elders are the
custodians of our traditions and cultures, spokesman and representatives of a
bye gone age and in fact living links with the generations that are no more.[16]
Violence has become daily part of our lives, we read about it in the
newspapers, see it on T. V., and experience it on the streets of our cities and
towns. However, behind closed doors of many Indian homes than we would care to
admit parents abusing children, husbands abusing wives, and older persons being
abused and neglected by spouses, daughters-in-law, sons, brothers and other
members of the family and relatives.[17]
While the physical acts of violence causing injury and pain to the
elderly do not seem to be common or brought out in open; abandonment and
neglect are rather widespread in our society today. This is an unfortunate
development, since traditionally such treatment towards the older persons was
rare, because of the conservative Indian ethos emphasizing reciprocity and
interdependence at an international level. Since the family and the community
fulfilled everyone's needs of sustenance, there was no felt need for a formal
social security mechanism. This built in system of ancient and medieval India
are now fast eroding in modern times due to demographic transition, gradual
disappearance of traditional family support system, changing priorities of
younger generation, and replacement of "He" concept by "I"
concept.[18]
Violence in the home and the abuse of family members who are less capable
of defending themselves such as children, women, handicapped, and the elderly
has existed in India. However, since age is venerated, the elderly are still
treated with certain amount of respect and thus not consciously singled out for
direct abuse. Unfortunately, this conservatism is undergoing a metamorphosis in
both rural and urban settings. Technological innovations and modernization are
bringing about a materialistic, individualistic and impersonalized life style.
Migration, an indication of development, is one factor that has had
unfavourable consequences for both the urban and rural elderly, but in
different ways.
Elder abuse as a social problem remains largely hidden within the domain
of family privacy. Older persons who are victims of abuse are not likely to
discuss it with those outside that family because they are very after dependent
on those who abuse them for their physical and financial need and support. The
perpetrators of abuse are not likely to mention about it because society does
not sanction such behaviour and those who witnesses of abuse may feel that it
is their family's private affair and prefer to keep away from it. The net result
is that older abuse is least researched with very little intervention in the
Indian contact.
It is during 1980s that elder abuse gained rapid recognition in USA. In
fact, the emergence of child abuse in 1960s and spouse abuse in 1970s led
directly to the construction of older abuse as a social problem in the later
period (Star, 1987; 466-468). It is estimated that in USA alone, around 500,000
cases to 2.5 million cases of elderly are subjected to physical violence
annually (US Congress; 1980). A few Indian studies also gave a strong
indication as to the existence of ill treatment of elderly in the family
sphere.[19]Abuse
has been broadly classified into six categories. They are:
Physical
abuse like beating, pushing,
shaking, slapping and several abuse; psychological e.g. verb threatening
to abandon them, isolation, moral blackmail, threat of admitting them to old
age homes, insulting, ignoring, withholding affection; financial which
could be taking or misappropriating of properly through fair or foul means; denial
of rights like isolation preventing one from practicing one's religion
denying the right to vote; active neglect in the form of refusal or
failure to undertake a care taking obligation; passive neglect which is
refusal on failure to fulfill a care taking obligation (Wolf and Pilmer, 1989).[20]
Why would someone abuse an elderly person? How can the problem of elder
abuse be understood? The following four theoretical perspectives may help in
understanding this social problem. When attempting to understand individual
cases of elder abuse, more than one theoretical perspective must be taken into
consideration.[21]
·
Pathological
Behaviour of the Abuser: All to the perspective, abuse occurs due to the
problems inherent in the abuser. Older persons become vulnerable to abuse
because of their proximity and visibility to and their dependency on people
with pathological behaviour problems (Eckley, 1991).
·
Interpersonal
Relationship :
In the relationship between the older person and his/her children/spouse are
negative and lacks trust there is great possibility of abuse than in positive,
open and mutually respectful relationship.
·
Social
Learning Theory/Development Approach: This view regards abusive behaviour as
recurring phenomenon with the family. Children grow up in families where
abusive behaviour is common and are more likely to develop abusive behaviour
under stressful situation.
·
Situational
Stress Environmental Approach: In this approach, it is stressful
environment that leads to abuse. Some of the stressful situations identified as
leading to abusive were accommodation, financial, public unrest,
non-availability of health and social care facilities and services. (Ecley and
Vilakazi, 1995).
The aged in the traditional societies enjoyed unparalleled sense of
honour, legitimate authority in the family or community, had decision making
responsibilities in the economic and political activities of the family and
were treated as repositories in the economic and political activities of the
family and repositories of experience and wisdom the reason for this was many. First,
the predominant oral tradition of knowledge in most agricultural or folk
societies with advanced age, one enjoyed near monopoly in skills and knowledge
necessary in agricultural activities such as tilling, sowing, rotation of
crops, irrigation and preservation of fertility of soil etc. Only experience
and age gave access to people to medicines, health care and control of pests
and diseases. The performance of religious or social rituals too was carried on
by the oval tradition of the community mediated by the older numbers of the
community. Demographically, due to a very high death rate in the traditional
sources, due to epidemics, natural disasters and lack of modern medicines etc.
life expectancy was low and fewer members attained the status of the aged in
the community, and those who did attain old age were looked upon with reverence
old age had a mystique of its town.[22]
Secondly, the family system, with its extended structure had large measures of
stability due to low rate of migration and the imperatives of the family mode
of work required in agriculture and trade. Even after the rise of the rural
gentry and this beginning of the feudal control over agrarian and urban
economy, the joint holding of property reinforced the extended family norms. Thirdly,
the rate and extent of urbanization in most traditional societies being low,
the extreme polarities of rural urban relationships which characterize modern
societies did not exist. Moreover, the stage of development was largely in
harmony with the rural society, both being based on caste, jajamani
relationships and moral communitarian legitimacy of authority.[23]
Interestingly, with very few exceptions, the role of the state in the
care of the aged was negligible. There were places of pilgrimage religious
sects and its related philanthropic organizations, however, where certain
categories of the aged and the inform used to find a space. The consignment of
widows to such centres of pilgrimage on a large scale even today, bears
evidence to this fact. Those without economic support from the community did
after turn up as beggars in towns and cities uses and around places of
pilgrimage or at other places of congregation such as the "Haats",
"Bazaars", "Melas" or at occasions of public feasts,
ceremonies and rituals.[24]
Weakened family ties and poor social networking is evident among the
urban aged. This is more true among many retired men, women in empty-nest stages
and old-old persons. This has resulted in the increased feelings of alienation
and a negative self-image. This is especially so among dependent and disabled
elderly men and women.[25]
Traditional roles for the elderly which were present in the past are not
available today for many. This is true in both rural and urban households. Aged
women's position - in the family is dependent upon some factors such as her
economic position, availability of social supports and marital and health
status. Widowhood is common among elderly women. They are still active in
household chores and dependent in economic matters.
In the coming decades there is bound to be an explosion of information
technology. Interesting information the elderly was presented on how technology
can be effectively utilized to meet health care, social and emotional needs of
elderly and to promote their creativity and self works.
C. PHYSICAL ABUSES AND VOILENCE AGAINST THE
AGED
In the domestic situation, cases of harassment of the elders by their own
family members are not unheard of. Since these are perpetrated within the
safety and security of home, tackling them effectively is much more difficult.
So is the matter with information. Neither family members nor elderly
themselves are inclined to discuss such goings on in the family.[26]
2. REDUCED PHYSICAL AND MENTAL RESILIENCE
This is the second major problem of the aged. Good health in old age in a
rare gift for many of the aged. When their means are limited, availing of the
health facilities is not any easy task for them. They fell sick often or
occasionally. Sickness, however, is common among the aged, some are managed by
the day care-center and others use just government hospitals or just ignored
the disease and live with it, as they cannot afford to go for treatment even to
the government hospital.[27]
The general conclusion of the present study about the health status of
the urban retirees is optimistic. The research findings show that the physical
health status of the majority of the retirees immediately after retirement has
not changed drastically.[28]
The aged person in the eastern culture is not only worried about the
welfare of himself, but it also concerned about his family members, education
and upbringing of his children etc. In the Indian family system the care of the
aged is the responsibility of children or other close kin. By and large, this
responsibility is discharged but sometimes old people are let out without any
means of support. Because of low income and status at the latter part of life,
old people face many social complexes combined with lack of contacts with
friends and relations, loss of physical fitness etc. Again due to the factor of
ageing they appear to command less importance by the younger generation in the
family and also other working members. Due to improvements in the
socio-economic conditions and various health increases taken over the year.
There has been an improvement in the expectation of life of persons at
different ages.[29]
The elderly in urban areas as compared to rural areas elderly have
percentage of physical fitness. The elderly of both rural and urban areas
complained of expensive private medical care as well as other problems
including unsympathetic doctors, substandard medicines, non- availability of
prompt and special services, inadequate number of beds in hospital and
distantly placed health care facilities. Since medical insurance is not
prevalent in India, the majority of elderly used their personal savings and
relied on their children to bear the medical expenditure.[30]
Because of the change of surroundings and psychology, health problems
arise. These become more prominent when one has no work to do or no regular
source of income. Therefore, one should take adequate case of his/her health.
Although the ageing process cannot be reversed or stopped, its effects can
certainly be minimized by changing food habits, taking regular walks and other
exercises depending on one’s conditions. When the spouse is no more, one must
change his eating habit and reduce their requirements and dependence on others.
In fact, one should have minimum requirements so that he can live under all
circumstances, howsoever, unfavourable these may be.[31]
The prime means of subsistence of elderly is reported to be co-residence with
children.[32]
Lucky are those who are able to maintaining good health as they advance
in age. Even when one is not suffering from any disease, one experience as a
gradual decline in physical strength with the growing age. In most cases the
advanced age brings with it some chronic ailment and the aged get bedridden and
depends on others for their mobility and need medical for their treatment.[33]
Health is not only a biological or medical concern but also a significant
personal and social concern. In general, with declining health, individuals can
lose their independence, lose social roles, became isolated, experience
economic hardship, labeled or stigmatized, change their self perception and
some of them may be institutionalized. It has rightly been said that there is
no such disease as 'old age'. It is important to note that most of the aged are
suffering from more than one ailments, they are subjected to multiple problems
in their dawn to dusk activities.
Amongst other problem relating to health, heart problem is the acute in
the aged. Heart disease is the principal cause of death in the aged. Mental
impairment is more common in old age and has a variety of causes. Moreover,
bone and joint disorders are common in the elderly. In addition to this,
depression is probably the most common psychiatric disorder in old age.
Nutritional problems are needlessly common among older people.[34]
The environment has directly affected the health of the elderly. Elderly
people are more vulnerable to smog, heat or cold weather conditions, instantiation,
poor housing, bad lighting, etc. Apart from illness and disease such
environment are also responsible for injury or accidents which creates
orthopedic problems.[35]
3. EMPTY POCKET
The majority of the elderly people have financial problems. Even those
who are the recipients of retirement benefits after superannuation find it
difficult to meet their basic requirements with the decrease in their income
and increase in the cost of living as a result of unabated inflation and
particularly when they have yet to discharge their responsibilities of
arranging the marriages of their children. In the case of the other aged people
the situation is still worse as our poor country where the young are unemployed
and underemployed cannot afford to give employment to the elderly people. In
absence of their own regular source of income, they have to depend on their
sons and daughters who find it difficult to meet their demands because of the
difficult situation created by the price rise and the fast changing life style[36]
and in this condition, it is humiliating to frequently ask for money for one’s
needs, howsoever trivial these may be.[37]
In this condition they have to either cut down the expenditure or draw money
from their savings.[38]
Majority of aged persons tries to supplement their income mainly from loans and
took financial assistance from the government.
The major sources of income of elderly are wages and salaries including
self-employment, investment and rent, retirement pension and other social
security benefits. Distinguishing features of the incomes of elderly people
compared with younger adult is low proportion deriving from wages and salaries
and low labour force participation. These are the primary source inequality
between elderly and non-elderly. Technological change has been reported to have
undesirable outcomes increased stress due to the faster pace of work, the
increased obsolescence of older workers, the displacement of older workers, the
reduction of face to face interaction weakening of family and other social
ties.[39]
In urban areas, dependence on servants, degree of helplessness and
insecurity, physical distances between kin due to increasing mobility, fear of
abuse manipulation or deception, growing inequality in society and
deterioration of law and order situation in general makes their lives harder.
Problem in rural area is altogether different. Migration of kin to to
industrial and urban centres, acute shortage of accommodation there and greater
investment on children education leave little money for the additional
responsibility of caring the aged and leave older persons generally behind.[40]
4. SOCIAL PROBLEMS
An aged person is not only worried about the welfare of himself but also
of his other close family members i. e. wife, children and grand children etc.
Due to less income in the old age he is liable to develop social complexes.
With industrialization, urbanization and increase in the expectation of life,
old people these days have not been able to command the attention of working
members and the youths in their family. This is creating problems for the aged
in the developing countries. Moreover, generation gap is attributed to the
growing tendency of individualism among the members of the society, which is
also a matter of concern. Approximately, two third of the elderly live in rural
areas. The majority of the elderly are women, most of whom are more than half
the elderly live in poverty, are dependent and have no independent income. In
rural areas, most of the elderly depend on income from agricultural labour.
Due to the increasing of the phenomenon of out-migration, elderly people
are helpless. Economic contributions made by elderly either in terms of regular
incomes or in various household activities are not estimated and recognized in
terms of economic values as being invisible. The economic contribution of the
aged indicates that the labour force participation of the older people is
higher in rural areas than in urban areas.
It is evident from the foregoing discussion that the problems of the aged
are increasing day by day. They are treated as unproductive and burden on the
family. This situation is posing a serious threat, especially in our country
where once upon a time the elders used to be the sole authority of the family.
CHAPTER III
RIGHTS
OF AGED PERSONS IN THE INTERNATIONAL
PERSPECTIVE: AN ANALYSIS
“The
idea is to die young as late as possible”
A
majority of people would well desire to live life this way, but it is sad to
know that only a few fortunate ones do live and die in this manner. Old age is
said to be a period full of gold and glory, provided the elderly are helped and
not left alone to perish. The number of elderly people in the
globe is on the increase with each succeeding year. According to one estimate,
the total number of persons aged 60 and above is projected to reach 1.2 billion
by the quarter of this century. This is the fastest growing population group in
the world. The elderly belong to all sections of population: married, single,
windows, widowers and so on. Mostly they are the old parents who made catena of
sacrifices to bring up their children and yet most of them are victim of one
phenomenon neglect.
No
human being likes solitude. There is an intrinsic tendency to look upon the
elderly citizen as one who has lived out just about all of his life with merely
vegetative needs and no real hunger for recognition. The feeling of being
unwanted, beyond the prime, past one’s usefulness all these weigh heavily upon
the ageing.[41] The
economic needs of food, shelter and clothing of the aged are modest. In most
cases the resources of the aged are negligible, having been consumed in toto in
the bringing up of their children. Most aged silently pray for an early end of
their lives.[42]
With
this in mind, the United Nations General Assembly (UNGA) and other organs of
the United Nations (UN) have come forward to fight for the causes of the
elderly citizens of the world. The question of ageing was first debated at the
United Nations in 1948 at the initiative of Argentina. The issue was again
raised by Malta in 1969. In 1971 the General Assembly asked the
Secretary-General to prepare a comprehensive report on the elderly and to
suggest guideline for the national and international action. In 1978, Assembly
decided to hold a World Conference on the Ageing. Accordingly, the World
Assembly on Ageing was held in Vienna from July 26 to August 6, 1982 wherein an
International Plan of Action on Ageing was adopted. The overall goal of the
Plan was to strengthen the ability of individual countries to deal effectively
with the ageing in their population, keeping in mind the special concerns and
needs of the elderly. The Plan attempted to promote understanding of the
social, economic and cultural implications of ageing and of related humanitarian
and developed issues. The International Plan of Action on Ageing was adopted by
the General Assembly in 1982 and the Assembly in subsequent years called on
governments to continue to implement its principles and recommendations. The
Assembly urged the Secretary-General to continue his efforts to ensure that
follow-up action to the Plan is carried out effectively.
(i)
In 1992, the U.N.General Assembly
adopted the proclamation to observe the year 1999 as he International Year of
the Older Persons.
(ii)
The U.N.General Assembly has declared
“Ist October” as the International Day for the Elderly, later rechristened as
the International Day of the Older Persons.
(iii)
The U.N.General Assembly on December 16,
1991 adopted 18 principles.
The
matter raised and discussed at the world community and the steps taken by them
are summerised below.
I.
INTERNATIONAL COVENANTS AND PROVISIONS FOR WELFARE
OF ELDERLY
The
provisions for maintenance and welfare of the elderly includes the following
indivisible, interdependent and interrelated human rights[43]:
1. They
have the right to be treated with dignity. This includes developing
assessment procedures which ensure that older people are fully involved in
decision making and their views sought and acted upon in all aspects of their
care.
2.
The right to equality in health
care treatment. It includes the right to prompt access to appropriate medical
assistance viz. free nursing etc.
3.
The right to equity in access to
appropriate health and social care services, including dedicated psychiatric
services, regardless of disability, gender, culture and geographical location.
4.
The right to receive good quality
home care and support services.
5.
The right to a dignified death.
6.
The right to appoint an
independent advocate to help and support the older person to understand often
incomprehensible administrative jargon and to support him/her in dealings with
local authorities and other institutions.
7.
The right to be protected from
all forms of physical, emotional, or mental violence, from inhuman or degrading
treatment, abuse, neglect or negligent treatment.
8.
The right to access to information regarding
his/her entitlements to social benefits and social care, as well to other
relevant services.
9.
The right to access free or affordable public
transport services. This is particularly important for older people living
in rural areas. The lack of access to rural bus services leads to social
exclusion, isolation and deprivation, the consequence of which is after
ill-health as well as mental ill-health.
10.
The right to access to safe and
sustainable housing and heating.
11.
The right to a safe, healthy and
sustainable environment.
12.
The right to appropriate and inclusive education
at all levels, which is directed towards the full development of the person,
including mental and physical abilities and which enables all person to
participate effectively in the life of the community.
13.
The right to an adequate standard
of living to ensure that dignity is maintained because without adequate
standard of living dignity of day person can not be sustained.
The provisions relating to the
welfare of elderly which have been expressly or tacitly recognized under
various international covenants, conventions and declarations are disscused
below.
1. The Universal Declaration of Human
Rights, 1948 (UDHR)
Everyone has a right to an adequate
standard of living adequate for… health and well being…, including food,
clothing, housing and medical care and necessary social services, and the right
to security in the event of … sickness, disability, widowhood, old age
…”[44]
(Emphasis supplied).
The
Declaration is universally accepted as establishing “a common standard of
achievement for all peoples and all nations”. It sets out the basic principles
for the protection and promotion of human rights and fundamental freedoms. As
we know that human rights are universal rights and thus it is equally available
to all – whether man or woman, white or black and young or old. All human
beings are born free and equal in dignity and rights.
In
order to protect human rights and fundamental freedoms of the aged person, the
UDHR under Article 25 expressly provides that everyone has the right to a
standard of living adequate for the health and well being of himself and of his
family, including food, clothing, housing and medical care and necessary social
services, and the right to security in the event of unemployment, sickness,
disability, widowhood, old age or other lack of livelihood in
circumstances beyond his control. [Emphasis supplied]
2. International
Covenant on Economic, Social and Cultural Rights, 1966 (ICESCR)
The
Covenant does not contain any explicit reference to the rights of the older
person. However, Article I of the covenant which deals with the right of
everyone to social security including social insurance implicitly recognizes
the right to old age benefits. Nevertheless, in view of the fact that the
provisions of the Covenant apply fully to all members of the society, it is
clear that the elderly citizens are entitled to enjoy the full range of rights
recognized in the Covenant. Moreover, in so far as the maintenance and welfare
of elderly citizens requires special measures to be taken, states parties are
requires by the Covenant to do so to the maximum of their available resources.
The
welfare provisions of the elderly guaranteed under the Covenant may be
summarized as follows:
“…States
Parties…[45]
undertake to guarantee that ... rights ... will be exercised without
discrimination of any kind ... States parties ... [46] recognize
the right to work … equal opportunity[47] for every
one to be promoted ... subject to no considerations other than those of seniority
and competence ... States parties ....[48]
recognized the right of everyone to social security, including social
insurance.[49]
Article
12 further provides that the States Parties shall recognized the right of
everyone to the enjoyment of the highest attainable standard of physical and
mental health.
An
important issue is whether discrimination on the basis of age is prohibited by
the Covenant. Neither the Covenant nor the Universal Declaration of Human
Rights (UDHR) refers explicitly to age as one of the prohibited grounds. Rather
than being seen as an intentional exclusion, this omission is probably best
explained by the fact that, when these instruments were adopted, the problem of
demographic ageing was not as evident or pressing as it is now.
The
Committee on Economic, Social and Cultural Rights (CESCR) is of the view that
States Parties to the Covenant are obligated to pay particular attention to
promoting and protecting the economic, social and cultural rights of the aged.
The committee further observes that unlike the case of other population groups
such as women and children no comprehensive international convention yet exists
in relation to the rights of the aged and no binding supervisory arrangements
attach to the various sets of United Nations principle in this area.[50] In
times of recession and of restructuring of the economy, the elderly are
particularly at risk. The Committee stressed that even in times of severe
resource constraints, States parties have the duty to protect this vulnerable
members of the society.[51] The
methods that States Parties use to fulfil the obligations in respect of older
persons will be basically the same as those for the fulfilment of other
obligations[52].
They include that need to determine the nature and scope of problems within a
State through regular monitoring, the need to adopt properly designed policies
and programmes to meet requirements, the need to enact legislation when
necessary and to eliminate any discriminatory legislation and the need to
ensure the relevant budget support or, as appropriate, to request international
cooperation.[53]
Specific Provisions of the ICESCR
Article 3: Equal
Rights of Men and Women
In
accordance with article 3 of the Covenant, by which States parties undertake
“to ensure the equal rights of men and women to the enjoyment of all economic,
social and cultural rights”, the committee consider that States parties should
pay particular attention to older women who, because they have spent all or
past of their lives casing for their families without engaging in a remunerated
activity entitling them to an old age pension and who are also not entitled to
a widow’s pension, are often in critical situations.
To
deal with such situations and comply fully with Article 9 of the covenant and
paragraph 2(h) of the Proclamation on Ageing,
States parties should institute non-contributory old-age benefits or
other assistance for all persons, regardless of their sex, who find themselves
without resources on attaining an age specified in national legislation. Given
their greater life expectancy and the fact that it is more often they who have
no contributory pensions, women would be principal beneficiaries.[54]
Articles 6 to 8:
Rights Relating to Work
Article
6 of the Covenant requires States Parties to take appropriate steps to
safeguard the right of everyone to the opportunity to gain a living by work
which is freely chosen or accepted. In this regard, the committee, bearing in
mind the older workers who have not reached retirements age after encounter
problems in finding and keeping jobs, stresses the need for measures to
prevents discrimination on grounds of age in employment and occupation.[55]
Article
7 of provides that everyone has the right to enjoyment of just and favourable
conditions of work. This provision is of pivotal importance for ensuing that
older workers enjoy safe working conditions until their retirement. In
particular, it is desirable to employ older workers in circumstances in which
the best use can be made of their experience and know-how.
In
reference to this article Committee on Economic, Social and Cultural Rights
(CESCR) suggests that in the years preceding retirement, retirement preparation
programmes should be implemented with the participation of representative
organizations of employers and workers and other bodies concerned therewith.
Such programmes would prepare older workers to cope with their new situation.
In particular, such programmes should provide older workers with information
about : their rights and obligations as pensioners; the opportunities and
conditions for continuing an
occupational activity or undertaking voluntary work; means of combating
detrimental effects of ageing; facilities for adult education and cultural
activities, and the use of leisure time[56].
The right protected by article 8 of
the Covenant, namely, trade union rights, including after retirement age, must
be applied to older workers.
Article
9 : Right to Social Security
Article
9 of the Covenant provides generally that States Parties “recognise the right
at everyone social security”, without specifying the type or level of
protection to be guaranteed However, the term “Social Security” implicitly
covers all the risks involved in the loss of means of subsistence for reasons
beyond a person’s control.
It
order to give effect to the provisions of article 9 of the Covenant, States
Parties must guarantee the provisions of
survivors’ and orphans’ benefits on the death of the breadwinner who was
covered by social security or receiving a pension.
Article
10 : Protection of the Family
On
the basis of Article 10, paragraph 1 of the Covenant, States Parties should
make all the necessary endeavours to support, protect and strengthen the family
and help it, in accordance with each society’s system of cultural values, to
respond to the needs of its dependent ageing members.
Article
11 : Right to an Adequate Standard of Living
Principle
1 of UN Principles for Older Persons provides that: “Older persons should have
access to adequate food, water, shelter, clothing and health care though the
provision on of income, family and community support and self-help”. The CESCR
attaches great importance to this principle, which demands for older persons
the rights contained in Article 11 of the Covenant.
Article
12 : Right to Physical and Mental Health
Everyone
has right to the enjoyment of a satisfactory standard of physical and mental
health. In this regard, States Parties should bear in mind that maintaining
health into old age requires investments during the entire life span. Basically
through the adoption of healthy lifestyles (food, exercise, elimination of
tobacco and alcohol, etc.). Prevention,[57] through
regular checks suited to the needs of the elderly plays a decisive role, as
does rehabilitation by maintaining the functional capacities of the aged
persons, with the resulting decrease in the cost of investments in health care
and social services.
Articles
13 to 15 : Right to Education and Culture
Article
13, paragraph 1, of the Covenant recognizes the right everyone to education. In
case of the elderly, this right must be approached from two different and
complimentary points of view: (a) the rights of the elderly persons to benefit
from educational programmes; and (b) making the know-how and experience of
elderly persons available to younger generation.
3. Convention on Elimination of All Forms
of Discrimination against Women, 1979
Articles
11, 12 and 14 of the Convention provide that:
“States
Parties shall take all appropriate measures to eliminate discrimination against
women in the field of employment in order to ensure on a basis of equality of
men and women, the same rights in particular: the right to work…; the right to
the same employment opportunities …; …the right to promotion, job security and
all benefits and conditions of service…; the right to social security,
particularly in case of retirement, ... sickness, invalidity of and old age ....[58]
States Parties shall… eliminate discrimination against women in the field of
health care in order to ensure on a basis of equality of men and women, access
to health care services…[59]
State Parties shall… eliminate discrimination against women in rural areas in
order to ensure ... in particular ... the right .... to benefit directly from
social security programmers’… to enjoy adequate living conditions…”[60]
Articles
25 and 34 of this charter explicitly provide for the recognition and respect of
the rights of the elderly.
The
Charter provides that the Union recognizes and respects the rights of the
elderly to lead a life of dignity and independence and to participate in social
and cultural life.[62] It
further provides that it recognizes and respects the entitlement to social
security benefits and social services providing protection in cases such
as.....old age...[63]
II.
THE UNITED NATIONS LAWS, POLICIES
AND PERSPECTIVE AND WELFARE OF ELDERLY CITIZENS
The
Second World War was a tragedy of massive proportions, resulting in the death
of some 50 million persons (24 million civilians), and enormous destruction. In
its wake, the international community recognized the essential links between
international peace and security, human rights, and social and economic
development, and sought to design a new legal framework for this purpose.[64] In
the UN Charter and a number of treaties, States have undertaken binding
obligations to protect human rights and fundamental freedoms and to promote
better living conditions for all. These treaties have been supplemented by a
variety of declarations, principles and other commitments which are not legally
binding but are seen as having moral force and which provide practical guidance
not only to States but also to international agencies and other organizations
in their conduct.
Although
the provisions of these documents are broadly applicable to the population as a
whole, ergo also to older persons, age has usually not been highlighted as an
important factor for international attention until relatively recently. This
“invisibility” of older persons has meant that their suffering has remained
unrecorded, and that they have after been neglected in the elaboration and
delivery of international assistance programmes. During the past decade the
increased targeting of civilians and massive refugee flows in numerous armed
conflicts, coupled with the rapid ageing of the population in most countries
have led governments and international agencies and non-governmental
organizations to recognise that older persons have specific vulnerabilities,
needs and capabilities that have to be addressed in order to facilitate
recovery for the society as a whole after a conflict. This has resulted in new
international commitments aimed specifically at older persons.
This
section will summarize the most significant international and regional
agreements, convention, covenants and declarations that are relevant for the
welfare of the elderly citizens.
1. First World Assembly on Ageing, 1982
(WAA)
The
First World Assembly on Ageing (WAA) was held in Vienna, Austria, in August,
1982. The United Nations General Assembly (UNGA) through a resolution[65] of
December 3, 1982 endorsed that Vienna International Plan of Action on Ageing
(VIPAA). This document is a very useful guide, for it details the measures that
should be taken by member States to safeguard the rights of older persons
within the context of the right proclaimed by the International Covenants on Human
Rights.
The
International Plan of Action an Ageing is the first international instrument on
ageing, guiding thinking and the formulation of polices and programmes on
ageing. It is sometimes known as the “Vienna Plan” in honor of its city of
origin more frequently, however, it is referred to as the International Plan”,
underscoring its relevance for all world regions.
It
aims to strengthen the capacities of Governments and civil society to deal
effectively with the ageing of populations and to address the developmental
potential and dependency needs of older persons. It promotes regional and
international cooperation. It consists of 62 recommendations for action
addressing research, data collection and analysis, training and education as
wall as the following sectoral areas:
(i)
health and nutrition
(ii)
protection of elderly consumers
(iii)
housing and environment
(iv)
family
(v)
social welfare
(vi)
income security and employment
(vii)
education
This plan is part of an
international framework of standards and strategies developed by the
International community in recent decades. It should, therefore, be considered
in relation to agreed standards and strategies in the areas of human rights,
advancement of women, families, population, young, disabled persons,
sustainable development, welfare, health, housing, income security and
employment, and education.
Recommendations under the Action Plan
(a)
Health and
Nutrition: Recommendations 1 to 17
Recommendation 1 provides that care designed to alleviate the
handicaps, re-educate remaining functions, relieve pain, maintain the lucidity,
comfort and dignity of the affected and help them to re-orient their hopes and
plans, particularly in the case of the elderly, are just as important as
curative treatments. The care of the elderly person[66]
should go beyond disease orientation. It should involve[67]
their total well-being, taking into account the interdependence of the
physical, mental, social, spiritual and environmental factors. Therefore,
health care should involve[68]
the health and social sectors and the family in improving the quality of life
of elderly person.
Further it provides[69]
that the population at large should be informed in regard to dealing with the
elderly who require care. Moreover, the elderly themselves should be educated
in self care. Participation of the aged in the development of health care and
the functioning of health service should be encouraged[70].
Recommendation No. 10 of this Plan expresses that health and
health-allied services should be developed to the fullest extent possible in
the community. These services should include a broad range of ambulatory
services such as: day care centers, out-patient clinics, day hospitals, medical
and nursing care and domestic services. Emergency services should always be
available. It further provides that inappropriate use of beds[71]
in health care facilities should be avoided. The necessary health
infrastructure[72]
and specialized staff to provide thorough and complete geriatric care should be
made available. In the case of institutional care, alienation through isolation
of the aged from the society should be avoided inter alia by further
encouraging the involvement family member[73] and
volunteers.
As per
recommendation 12 adequate, appropriate and sufficient nutrition, particularly
the adequate intake of protein, minerals and vitamins, is essential to the
well-being of the elderly. Therefore special attention should be paid to[74]:
(a)
Improvement of the
availability of sufficient foodstuffs to the elderly through appropriate
schemes and encouraging the aged in rural areas to play an active role in food production;
(b)
A fair and equitable
distribution of food, wealth resources and technology;
(c)
Education of the public,
including the elderly, in correct nutrition and eating habits, both in urban
and rural areas;
(d)
Provision of health and
dental services for early detection of malnutrition and improvement of
mastication;
(e)
Studies of the nutritional
status of the elderly at the community level, including steps to correct any
unsatisfactory local conditions.
Effort should be
intensified to develop home care to provide high quality health and social
services in the quantity necessary so that the older persons are enabled to
remain in their own communities[75]
and to live as independently as possible for as long as possible. Special
support[76]
must be given to home care services, by providing them with sufficient medical,
paramedical, nursing and technical facilities of the required standard to limit
the need for hospitalization.
(b)
Protection
of Elderly Consumers: Recommendation 18
According to this recommendation the rights of the elderly
consumers must be protected effectively. In this regard the governments should
ensure that food and household products, installations and equipments conform
to standards of safety that take into account the vulnerability of the aged.[77]
Apart from this, the governments should encourage the safe use of medications,
household chemicals and other products by requiring manufacturers to indicate
necessary warnings and instructions for use[78]. It
should also facilitate the availability of medications, hearing aids, dentures,
glasses etc. so that they can prolong their activities and independence.[79]
This recommendation makes clear provision that government should
cooperate with non-governmental organizations on consumer education programmer.
(c) Housing and
Environment: Recommendation 19 to 24
Housing for elderly must be viewed as more than mere shelter. To
release the aged from dependence on others, national housing policy should
pursuing the following goals:
(a)
Helping the aged to continue
to love in their own homes as long as possible, provision being made for
restoration and development and, where feasible and appropriate, the remodeling
and improvement of homes…[80]
(b)
Evolve and apply special
policies and measures, and make arrangements so as to allow the aged to move
about and to protect them form traffic hazards.[81]
Urban rebuilding and development planning and law should pay
special attention to the problems of the ageing, assisting in securing their
social integration[82].
Further, whenever possible, the ageing should be involved in housing policies
and programmes for the elderly population.[83]
(d) Family:
Recommendations 25 to 29
The family regardless of its form or organizations, is recognized
as a fundamental unit of the society. Governments should promote social
policies encouraging the maintenance of family solidarity among generations,
with all members of the family participating[84].
Governmental and non governmental bodies should be encouraged to establish social
services to support the whole family when there are elderly people at home and
to implement measures especially for low-incomes families who wish to keep
elderly people at home.[85]
(e) Social Welfare:
Recommendations 30 to 35
Social welfare services can be instruments of national policy and
should have as their goal the maximizing of the social functioning of the
ageing. Social welfare services should have as their goal the creation,
promotion and maintenance of active and useful roles for the elderly for as
long as possible in and for the community[86].
Governments should endeavour to reduce or eliminate fiscal or other constraints
on informal and voluntary activities, and eliminate or relax regulations which
hinder or discourage part-time work, mutual self-help and the use of volunteers
alongside professional staff in providing social services or in institutions
for the elderly.[87]
(f) Income Security and Employment: Recommendations 36 to 43
Appropriate measures should be taken, in collaboration with employers’
and workers organizations, to ensure the maximum extent possible that older
workers can continue to work under satisfactory conditions and enjoy security
of employment.[88]
Measures should be taken to assist older persons to find or return to independent
employment by creating new employment possibilities and facilitating training
or retraining.[89]
Further, as far as possible, groups of refugees accepted by a country should
include elderly persons as well as adults and children, and effort should be made
to keep family groups intact and to ensure that appropriate housing and
services are provided.[90]
(g)
Education:
Recommendations 44 to 51
In many instance, the knowledge explosion is resulting in
information obsolescence, with, in turn, implications of social obsolescence.
These changes suggest that the educational structures of society must be
expanded to respond to the educational needs of an entire life-span.
Educational programmes featuring the elderly as the teachers and transmitters
of knowledge, culture and spiritual values should be developed.[91]
Comprehensive information on all aspects of their lives should be made
available to the ageing in a clear and understandable form.[92]
2. United Nations Principles for Older Persons, 1991 (UNPOP)
In 1991, nine years after endorsement of the Vienna Plan, the
United Nations General Assembly (UNGA) adopted the United Nations Principle for
Older Persons, 1991 (UNPOP)[93].
There are eighteen principles which fall into five clusters relating to the
status of the older persons, viz:
·
Independence
·
Participation
·
Care
·
Self-fulfilment
·
Dignity
Independence
1.
Older persons should have
access to adequate food, water, shelter, clothing and health care through the
provision of income, family and community support and self-help.
2.
Older persons should have
the opportunity to work or to have to other income generating opportunities.
3.
Older persons should be able
to participate in determining when and at what pace withdrawal from the labour
force takes place.
4.
Older persons should have
access to appropriate educational and training programmes.
5.
Older persons should be able
to live in environments that are safe and adaptable to personal preferences and
changing capacities.
6.
Older persons should be able
to reside at home for as long as possible.
Participation
7.
Older persons should remain
integrated in society, participate actively in the formulation and
implementation of policies that directly affect their well-being and share
their knowledge and skills with younger generations.
8.
Older persons should be able
to seek and develop opportunities for service to the community and to serve as
volunteers in positions appropriate to their interest and capabilities.
9.
Older persons should be able
to form movements or associations of older persons.
Care
10.
Older persons should benefit
from family and community care and protection in accordance with each society’s
system of cultural values.
11.
Older persons should have
access to health care to help them to maintain or regain the optimum level of
physical, mental and emotional well-being and to prevent or delay the onset of
illness.
12.
Older persons should have
access to social and legal services to enhance their autonomy, protection and
care.
13.
Older persons should be able
to utilize appropriate levels of institutional care providing protection,
rehabilitation and social and mental stimulation in a humane and secure
environment.
14.
Older persons should be able
to enjoy human rights and fundamental freedoms when residing in any shelter,
care or treatment facility, including full respect for their dignity, beliefs,
needs and privacy and for the right to make decisions about their care and the
quality of their lives.
Self-fulfillment
15.
Older persons should be able
to pursue opportunities for the full development of their potential.
16.
Older persons should have
access to the educational, cultural, spiritual and recreational resources of
society.
Dignity
17.
Older persons should be able
to live in dignity and security and be free of exploitation and physical or
mental abuse.
18.
Older persons should be
treated fairly regardless or age, gender, racial or ethnic background,
disability or other status, and be valued independently of their economic
contribution.
3. Global Target on
Ageing, 1992
In 1992, the General Assembly adopted eight global targets on
ageing for the year 2001[94]
and a brief guide for setting national targets. In a number of important
respects, these global targets serve to reinforce the obligations of states
parties to the Covenant on Economic, Social and Cultural Rights, 1986.
4. Proclamation on
Ageing, 1992
In 1992, in the commemoration of the tenth anniversary of the
adoption of the Vienna International Plan of Action (VIPA)[95] by
the Conference on Ageing, the General Assembly adopted the Proclamation on
Ageing in which it urged support of national initiatives on ageing so that
older women are given adequate support for their largely unrecognized
contributions to society and older men are encouraged to develop social,
cultural and emotional capacities which they may have been prevented from
developing during breadwinning years; families are supported in providing care
and all family members encouraged to co-operate in care giving; and that
international co-operation is expanded in the context of the strategies for
reaching the global targets on ageing for the year 2001.[96]
“The General Assembly … urges the support of national initiatives
on ageing … so that : Appropriate national policies and programmes for the
elderly are considered as part of overall development strategies; … Government
and non-governmental organizations collaborate in the development of primary
health care, health promotion and self-help programmes for the elderly; older
persons are viewed as contributors to their societies and not as a burden; …
Policies and programmes are developed which respond to the special
characteristics needs and abilities of older women; … families are supported in
providing care …”[97]
5. International
Labour Organization (ILO)
The United Nations specialized agencies, especially the
International Labour Organization, have also given attention to the problems of
the ageing on their respective fields of competence.
6. International
Conference on Population and Development
This is also known as Cairo Programme of Action.The objective of
the conference is to develop systems of health care as well as systems of
economic and social security in old age… paying special attention to the needs
of women. Further, it provides to develop a social support system … with a view
to enhancing the ability of families to take care of elderly people within the
family.
Cairo programme, inter alia, provides that the Government
should seek to enhance the self-reliance of elderly people to facilitate their
continued participation in society.[98]
It further provides that in consultation with elderly people,
Governments should ensure that the necessary conditions are developed to enable
elderly people to lead self-determined, healthy and productive lives and to
make full use of the skills and abilities they have acquired in their lives for
the benefit of the society[99].
In collaboration with non-governmental organizations and the private sector,
Governments should strengthen formal and informal support systems and safety
nets for elderly people and eliminate all forms of violence and discrimination
against elderly people in all countries, paying special attention to the needs
of elderly women.[100]
7. Copenhagen Declaration
This was the World Summit for Social Development. We can find
provisions relating to the promotion and protection of human rights and
fundamental freedoms of the aged in Copenhagen Declaration as well. It says:
“We heads of State and Government… will create … action to : …
Improve the possibility of older persons achieving a better life … Develop and
implement policies to ensure that all people have adequate economic and social
protection during … widowhood, disability and old age”.[101]
8. Copenhagen
Programme of Action
“The eradicating poverty requires universal access to economic
opportunities that will promote sustainable livelihood and basic social
services, as well as special efforts to facilitate access to opportunities and
services for the disadvantaged[102]…
There is … an urgent need for : … policies ensuring that all people have
adequate economic and social protection during … disability and old age …
particular efforts should be made to protect older persons, including those
with disabilities, by: … Improving the situation of older persons, in particular
in cases where they lack adequate family support[103]…
Ensuring that older persons are able to meet their basic human needs through
access to social service and social security, that those in needs are assisted,
and that older persons are protected from abuse and violence and are treated as
a resource and not a burden … strengthening measures … to ensure that retired
workers do not fall into poverty …”[104]
9. Beijing Platform
for Action
“With the increase in life expectancy and the growing number of
older women, their health concerns require particular attention… Diseases of
ageing and the interrelationships of ageing and disability among women … need
particular attention…[105]
Actions to be taken: … Develop information, programmes and services to assist
women to understand and adapt to changes associated with ageing and to address
and treat the health needs of older women … Discrimination in … hiring and
remuneration, promotion … continue to restrict employment, economic
professional and other opportunities… for women[106]…
It further provides that action should be taken regarding adoption
and implementation of laws against discrimination based on sex in the labour
market, especially considering older women workers, hiring and promotion, the
extension of employment benefits and social security, and working conditions[107]…
10. Habitat Agenda
Older persons are entitled to lead fulfilling and productive lives
and should have opportunities for full participation in their communities and
society, and in all decision-making regarding their well-being, especially
their shelter needs. Their may contributions[108] to
the political, social and economic processes of human settlements should be
recognized and valued. Special attention should be given to meeting their
evolving housing and mobility needs in order to enable them to continue to lead
rewarding lives in their communities. It further provides that states and
governments are committed themselves for promoting shelter and supporting basic
services[109]
and facilities, for education and health for … older persons …
11. Second World Assembly on Ageing, 2002
The General Assembly[110]
decided to convene the Second World Assembly on Ageing to be held in Mandrid to
review the outcome of the First World Assembly on Ageing and to adopt a revised
plan of action, focusing on: Links between ageing and development; measures to
mainstream ageing within the context of current global development agencies;
appropriate forms of public and private partnerships at all levels to build a
society for all ages; and measures to strengthen the solidarity between
generations.[111]
The Commission On Social Development,Economic and Social Council
in its forty fifth session held on 7-16 Febuary 2007 has disscussed elaborately
the major developments in the area of ageing since the Second World Assembly on
Ageing and also disscussed some of the main global and regional developments in
the area of ageing since 2002 especially in the context of changing age
stucture of the population.A range of socio-economic issues such as the
sustainability of social protection system,old workers` participation in the
labour market,approaches to adjusting health care and social care services,as
well as issues of empowerment of older persons, including the protection of
their rights,facilitation of their participation in society and promotion of
positive and balanced images of ageing.
III. Maintenance and Welfare of Elderly
Citizens in other Countries-
Now
the provisions for maintenance and welfare of elderly citizens alongwith the
age care policies in some developed,developing and under developed countries in
their legal and social set up are being discussed. The main emphasis is upon
the implementation of the Mandrid International Plan of Action.
CHAPTER IV
RIGHTS
OF AGED PERSON : A COMPARATIVE STUDY
1.
United States of America
In USA social security system and welfare system was initiated in
1930. The present social security programme of the United States include:
i)
Old Age Assistance to the
needy persons,
ii)
Old Age Insurance,
iii)
Supplementary Private
Pension Plans,
iv)
Old Age Survivors and
Disability insurance.
There is a booklet called ‘A Guide for Senior Citizens” which
gives varied information about numerous facilities in different fields,
provided to the old people. These services facilities are as following :
i.
Board and Care: There are many residential care facilities which are better
suited for senior citizens who do not require a skilled nursing home with 24 –
hour medical service.
ii.
Clubs: Senior citizens clubs
provide an excellent opportunity to come together for social and recreational
activities. The majority of these clubs meet once a week art recreation centres,
local temples and churches.
iii.
Consumer Information Programmes: Many community organizations and agencies offer a
variety of counseling services for senior citizens.
iv.
Counseling: Many community
organizations and agencies offer a variety of counseling services for senior
citizens.
v.
Banks: Many banks offer free
service for senior citizens over 62 years of age.
vi.
Discount: Many services and
activities are now offered at reduced rates for senior citizens viz.,
Reduced bus fares are charged from persons over 62 years of age. There is also
a free bus service called “Senior”.
vii.
Education: Any person above 60 years
of age and retired may receive a Gold Card which permits the person to attend
all community activities such as campus concerts, lectures, plays, art exhibitions,
field trips, physical recreation and other special events.
viii.
Food: Food stamps are provided to
certain persons who are eligible for them. Similarly, Food Buying Clubs’ can
provide good food at cheap prices with 30 to 50 per cent savings.
ix.
Recreation: The City Recreation and
Parks Department (Senior Citizens Section) provides information on special
senior discount rates for various tours, day-long trips, shows, amusement
facilities etc. A golden age pass is provided to persons above 62 years of age
which permits the holder to enter all National Parks and secures for him camp
ground sites and picnic areas at 50 percent discount.
x.
Senior Companion Programme:
Senior companions are trained to help other seniors who are shut in at home.
Services include talking, letter-writing, reading, shopping etc., are provided
on small charge.
xi.
Health Care: Under
Medicare Health Insurance Programme, one can apply for a Medicare Card at hi
local social security office.
xii.
Multipurpose Centre: The
centre brings many senior citizens programmes and services under one roof. The
services at the centre include information and referral, health,
transportation, services for the homebound, recreation, nutrition, legal aid
and counseling services. Other services offered are library service, services
concerning housing problems, rent control, small claims, volunteer programme,
etc.
xiii.
Railroad Retirement:[113] It is a separate system of social security for railroad workers.
The railroad Retirement Board, an independent agency of the government, administers
this programme of old age, survivors, and disability benefits. These benefits
are generally paid by the Railroad Recruitment Board.
The original Social Security Act that was passed in 1935 provided
for payments only to retired employees of age 65 or over covered under the
system. Although social security has achieved a delicate financial balance over
the long term. Medicare is headed for financial trouble in the near future.
Current projections indicate that the Hospital Insurance Trust Fund of Medicare
will be exhausted in the early part of this century; a weaker-than-expected
economic performance would hasten the day of reckoning, as would health care
costs that grow mare rapidly than anticipated[115].
2. Canada
The Canadian programme for the elderly which is part of social
security system is similar to that of the United States America. The Canadian
Pension Plan[116]
is contributed by the Canadian labour force in order to earn retirement pension
at the age of 65 when they stop working A legal resident of Canada can be
initiated to old age pension security on a monthly basis. For those who have
not been able to make adequate provision for their later life can take
advantage of the Guaranteed Income Supplement Scheme and the Canadian
Unemployment Insurance. Under the Canadian assistance plan, assistance is given
to the aged persons for meeting their basic requirement such as food, shelter
and clothing. The Canadian Association of Gerontology has provided a lead in
geriatric medicine with the support of Canadian Medical Association.[117]
There is increasing involvement of these countries in the care of
elderly. There is a wide range of domiciliary services in order to help the
aged to maintain themselves in their own homes. There is a shortage of
personnel. Since 1957, the Norwegian Gerontological Institute has been the
centre of research and training. Around 10 per cent of Netherland’s population
are the elderly persons. Holland has comparatively lower percentage of old
people Nursing homes, old age assistance for medical care, institutionalization
are some of this features of work for the aged.
The main problem in Sweden is that the elderly tend to be
inactive. Ageing is considered as illness. Gerontology is taught at University
Level. Geriatric care needs to be restructured, there is a need for
establishing information and education programmes against ageing, promoting
scientific studies etc.
Meeting
the service and health care needs of the elderly is one of the cornerstones of
the Swedish welfare state and an area which continues to be given priority. The
aims for the care of the elderly can be summarized as follows: to ensure the
elderly financial security, good housing service and health care according to
need. The facilities available in Sweden are as following :
i.
Old-age Homes: In 1988, there were some
900 municipal old age homes with around 44,000 places for elderly people unable
to cope in home even with the aid of the home help and the home nursing
services.
ii.
Group Dwellings: During recent years, group
dwellings have become an alternative to institutions for persons with great needs
of care with supervision. There are group dwellings, among others, for persons
who have physical handicaps or psychological problems.
5. France
There is a general lack of services for the aged, particularly
income support, self, supporting opportunity and failure of the society to
provide for the elderly. The programme for meeting the needs of the elderly is
linked with further expansion and availability of accommodation. There is no
rational policy for the aged. The social security system is becoming lop-sided.
Health services are provided but these are not very effective.
6. Italy
The most acute problems of the aged in Italy is housing. In very
few cases children and grand-children support the aged. Although there are laws
for the aged but the polices and programmes to implement the laws are not well
defined. The National Health Plan provides for the elderly; but it has not been
implemented. There is a need for improving the health standards which delay the
transition to an inactive life and to make retirees as part of the mainstream.
7. Russia
(USSR)
In Russia every citizen has a right to maintenance in old age for which they are not required to
contribute to old age person fund. There are also special statutes under which
boarding homes and visiting nurses services are run. Health and medical
services to the elderly are provided as part of social security by the State to
all citizens.
The Constitution of USSR[120]provides
that –
“Citizens of the USSR have the right to maintenance in old age and
also in case of sickness or loss of capacity to work… at State expense free
medical services for the working people…”
8. China
In China, maltreatment of parents is punishable by law. The
children have the duty to support and assist their parents. When children fail
to perform the duty of supporting their parents, parents who have lost the
ability to work or have difficulties in providing for themselves, have the
right to demand that their children pay for their support. Grand-children or
maternal grand-children who have the capacity to bear the relevant costs have
the duty to support and assist grand-parents or maternal grant-parents whose
children are deceased. Other available facilities are person for peasants,
senior homes etc.
The Constitution of the People's Republic of China stipulates that
"Chinese citizens have the right to material assistance from the state and
society when old, sick or unable to workThe basic laws of China, including the
Law of the People's Republic of China on the Protection of the Rights and
Interests of Elderly People, General Principles of the Civil Law of the
People's Republic of China, Law of Succession of the People's Republic of
China, Marriage Law of the People's Republic of China, Criminal Law of the
People's Republic of China, and Law of the People's Republic of China on Public
Security Administration Punishments, all clarify the rights of senior citizens
and stipulate the legal punishments for acts infringing on their rights.[121]
9. Australia
Most of the aged Australia cope up well in society. Old age
pensions are paid to people of limited means and invalid aged. Men must beat
least 65 and women 60. The pension is non-contributory.[122]
About 1500 nursing homes and 1000 hostels receive federal financial
support, to provide residential care for frail aged people. About a fifth of
these are state-operated nursing homes. Voluntary and religious organizations
provide home health care to the aged with government support.
The
importance of ageing in Australia was recognised in 1998 with the establishment
of the position of Minister for Ageing. Australia was one of the first
countries in the world to have a Minister specifically responsible for ageing.
In 2002, the Australian Government announced a strategic framework, the
National Strategy for an Ageing Australia, to promote and support engagement on
ageing issues by the government and non-government sectors as well as by
individuals. The ageing of the population and the changes that this will bring
is recognised as a major economic challenge for Australia over the medium and
long-term. Careful planning is required to ensure that the health and aged
care,and income support systems remain sustainable in cost terms.The national
strategic policy framework is based on a set of broad principles: ageing issues
are the responsibility of governments, business and the community; all
Australians, regardless of age, should be able to continue their social and
economic participation; public programs on ageing should supplement rather than
supplant the role of individuals, their families and communities; and a strong
evidence base should inform policy responses.A significant number of measures
have been developed and implemented consistent with these principles and the three
Priority Directions of the MIPAA.[123]
10. New Zealand
The discipline of geriatrics is well established in New Zealand.
The New Zealand society for the aged and the New Zealand Geriatric society
helps the old persons.
11. Japan
For persons above 70 years medical examination and medical care
free. Families are expected to pay for the maintenance of the elderly in public
homes. All the aged can receive a free health check up once a year.
12. South Africa[124]
The
Government of South Africa has made significant progress regarding the
maintenance and welfare of the elderly citizens including-
·
Situation Analysis
·
Older Persons and Development
·
Legislation
·
Community Based Care and Support
Services
·
Advancing Health and Well –Being into
old age
·
Abuse of older persons
·
Creation of an enabling environment
·
Poverty Eradication Strategies
·
Older Persons Forum
·
Rights of older persons
·
South African Plan of Action on Ageing
The
key pillars of the legislation are:
a)
Protection of Older Persons
b)
Acknowledgement of wisdom that lies
within older persons
c)
Active Ageing
d)
Madrid International Plan of Ageing
e)
South African Constitution
The
legislation which was commenced during the International Year of older persons
has finally been approved by Parliament in March 2006. This legislation focuses
on:
·
Community based care and support
services
·
The rights of Older Persons
·
Protection of Older Persons
·
Residential care facilities
The legislation is
based on the principles that:
·
Older persons must be able to live
independently functioning at their highest potential without fear of abuse
·
Older Persons should be treated fairly
and be valued independently of their economic status.
13.
Bangladesh[125]
Traditionally and religiously the elderly people of Bangladesh are
very much respectable both in family and community. They are considered
as the key of family ties and symbol of family identity. They are
treated as the guardian of ancestral values since the time immemorial.
They are also considered as venerable counselor. For these reasons they
are always respected and the youngs try to take best care of their
elderly relatives in the family. But due to various socio-economic
changes over the years traditional values and customs are eroding. It is
assumed that because of breaking traditional joint family to nuclear
family system and increased landlessness and poverty have weakened the
relationship between elder members and other members of the family.
Because of declination in family size, the elderly does not get support
from their adult wards and because of rural poverty many adult wards
moves to urban areas in search of employment. In urban areas women are
also joining the work force of the society in an increasing number and
they have less time to take care of the elderly family members as they
did in the past. It is not clear how long our society will be able to
hold the tradition of taking care of the elderly people by young members of his
family.
Legal supports towards the elderly people in Bangladesh
The Constitution of the People’s Republic of Bangladesh ensures
every rights and privileges of the elderly people along with other
citizen.
The article 15 of the Constitution speaks clearly on this
issue, which is as follows:-
“It shall be a fundamental responsibility of the State to attain,
through planned economic growth, a constant increase of productive forces and a
steady improvement in the material and cultural standard of living of the
people, with a view to securing to its citizens-
(a)… .
(b)…
(c)…
(d) The right to social
security, that is to say, to public assistance in cases of underserved want
arising from unemployment, illness or disablement, or suffered by widows or
orphans or in old age, or in other such cases.”
The Ministry of Social Welfare has already finalized the National
Policy on Ageing. This policy is formulated in line of Madrid International
Plan of Action on Ageing (MIPAA). The main objectives of this policy are:
• To ensure the
dignity of the elderly people in the society.
• To identify the
problems of the elderly people and address those.
• To change the
attitude of the mass people towards the elderly people.
• To
take new programmes to address the needs of the elderly people for their
socio-economic development.
• To
develop special measures to help the elderly peoples during emergency like
natural calamities, cyclone, earthquake etc.
• To ensure social
security, health care, employment and rehabilitation.
• To
implement the Madrid International Plan of Action on Ageing. The govt. has many
welfare programmes including poverty reduction programmes for the elderly
population
1. Micro credit
2. Old Age Allowance
3. Social Safety net
programmes
4. Pension
5. Development of
Health Services for the elderly people.
6. Enabling Supportive Congenial
Atmosphere for Elderly Population
7. Enabling Supportive Congenial
Atmosphere for Elderly Population
8. Community
Empowerment & Participation etc.
Thus we have discussed the different provisions covering the
maintenance and welfare of the elderly citizens at international level and also
gone through the like provisions in different countries. It is clear from the
above discussions that in some countries like U.S.A., Canada, Scandinavian
Countries and Australia have sufficient legislation and policies for welfare of
the elderly citizens. In some countries like U.S.S.R., China, Bangladesh the
Constitution itself provide for the welfare measures, however, in Bangladesh
there is lack of effective implementation while in some other countries like
Sweden, France and Italy the situation is alarming. In Sweden most of the
elderly population is suffering due to ill health and the Government has not
made effective policy to cope with the problem. In France there is lack of
service for the aged and in Italy the major problem is housing and non
implementation of National Health Plan.
*****
[1] D.
Paul Chowdhry, “Problem of the Aged and the Infirm” (1974) 22 No. 10 Kurukshetra,
7-9 at 7.
[2]
Rajendra Prasad, “Problems of the Aged in India: Some Reflections” 33-42, at 33
in: M.L.Sharma (ed.) Aging in India: Challenges for the Society (Delhi:
Ajanta Publication, 1987).
[3]
http://www.islamset.com/healnews/aged/economic.html (Accessed on 25-08-09).
[4] H.S. Bakshi,
"An Approach to Support Services for the Elderly" 228-231 at 228 in:
M. L. Sharma (ed.) Aging in India: Challenges for the Society (Delhi: Ajanta
Publication, 1987).
[5] N.
Durairaj and Kala Rani Rengasamy, "The Aged: Need Love and
Protection" (1999) 46 No.7 Social Welfare 6-7 at 6.
[6] D.
Paul Chowdhury, “Profile of Social Welfare and Development in India”
(New Delhi: M.N. Publishers and Distributors, 1985) at 92.
[7] Id.
at 43
[8] Id.
at 43-44.
[9] S.
Vijaya Kumar, “Family Life and Socio-Economic Problems of the Aged”
(Delhi: Ashish Publishing House, 1991) at 113-114.
[10] Ibid.
at 115.
[11] Id.
at 117.
[12]
D.R. Sachdeva, “Social Welfare Administration in India”
(Allahabad/Delhi: Kitab Mahal, 2001) at 391.
[13] A. M. Shah,
"Changing Family and Their Impact on the Elderly" (2000) 6 No.2 HelpAge
India -Research and Development Journal, 32-38 at 33.
[14] Ibid.
at 36.
[15] Id.
at 36.
[17]
Anupriyo Mallik, “Elderly Abuse and Neglect” (2000) 7 No. 1 HelpAge
India-Research and Development Journal, 26-30 at 26.
[18] Ibid.
at 26.
[19] Id.
at 27.
[20] Id.
at 28.
[21] Id.
at 28.
[22]
Yogendra Singh, “Changing Trends in the Indian Family and the Adjustment of the
Aged” (1997) 3 No. 2 HelpAge India – Research and Development Journal, 31-42
at 32-33.
[23] Ibid.
at 33.
[24] Id.
at 33.
[25] Ibid.
at 7.
[26] Supra
note 18 at 38.
[27]
A.J. Christopher, “Give them their Due” (1982) 39 No. 7-8 Social Welfare,
6-8, at 7.
[28]
Jayashree, “Health Maintenance of Retirees” (2001) 23 No. 3 Man and
Development, 76-86 at 84-86.
[29]
N.R. Parthasarthy, “On Some Aspects of Aging in India” (1980) 40 No. 4 Indian
Journal of Social Work 381-88 at 382-83.
[30]
Subha Soneja and Renu Tyagi, “Family and Ageing: A Study to Assess the Kind of
Support Required by the Aged Living in Families” (1999) 5 No. 3 HelpAge
India – Research and Development Journal, 5-12 at 8.
[32]
K.M.James, “Indian Elderly: Asset or Liability”, (1994) 29 No. 36 Economic
and Political Weekly, 2335-39 at 2337.
[33]
D.R. Sachdeva, “Social Welfare Administration in India” (Allahabad/Delhi: Kitab
Mahal, 2001) at 391.
[34]
The Encyclopedia Americana, International Edition, Vol. 20
(Danbury/Connecticut: Grolier Incorporated, 1984) 701-704 at 702- 03.
[35]
D. Paul Chowdhry, ‘Aging and the Aged’ (New Delhi: Inter India
Publications, 1982) at 162.
[36] Supra
note 57 at 390-391.
[37] Supra
note 55 at 25.
[38]
Saraswati Mishra, “Social Adjustment- Age” (Delhi: B.R. Publishing
Corporation, 1987) at 122.
[39]
Laxmi Rani Kulshrestha, “Paradigm Shift Needed in Policies for Elderly” (1999)
46 No. 1 Social Welfare, 31-34 at 32.
[40] Ibid.
at 32.
[41]
O.R. Singh, “Plans and Policies for the Aged” (1999) 46 No. 4 Social
Welfare, 30-31 at 30.
[42]
S.C. Thakur, “Will Someone Care for Them” (1990) 37 No. 6 Social Welfare, 20-21
at 20.
[43]
Available at http://www.nihrc.org/billofrightsdb/submissions/submissions-151.pdf.
(Accessed on 11.07.04)
[44] Id.,
Article 25.
[45]
Article 2 of ICESCR.
[46] Ibid.,
Article 7.
[47] Id.,
Article 9.
[48] Id.,
Article 11.
[49]
Available at: http://www.pdhre.org/rights/aged.html (Accessed on:
25-08-2004).
[50]
Available at : http://www.islamset.com/healnews/aged/economic.html
(Accessed on: 25-08-04).
[51]
General comment No. 3 (1990), para 12.
[52]
General comment No. 1 (1989).
[53] Supra
note 13.
[54] Ibid.
[55] Id.
[56] Id.
[57] Id.
[58]
Article 11 of the Convention on Elimination of All Forms of Discrimination
Against Women.
[59] Ibid.,
Article 12.
[60] Id.,
Article 14.
[61]
Available at : http://www.oup.co.uk/pdf/bt/ruddenwyatt8e/Humansrights.pdf (Accessed
on 11-07-04).
[62]
Article 25 of CFREU.
[63] Ibid.,
Article 34.
[64] Supra
note 7.
[65]
Resolution 37/51.
[66] Recommendation No. 2.
[67] Ibid.
[68] Id.
[69] Recommendation No. 7.
[70] Recommendation No. 9.
[71] Recommendation No. 10.
[72] Ibid.
[73] Id.
[74] Recommendation No. 12.
[75] Recommendation No. 13.
[76] Ibid.
[77] Recommendation No. 18.
[78] Ibid.
[79] Id.
[80] Recommendation No. 19.
[81] Ibid.
[82] Recommendation No. 19.
[83] Recommendation No. 24.
[84] Recommendation No. 25.
[85] Recommendation No. 29.
[86] Recommendation No. 30.
[87] Recommendation No. 33.
[88] Recommendation No. 37.
[89] Ibid.
[90] Recommendation No. 43.
[91] Recommendation No. 44.
[92] Recommendation No. 51.
[93] Resolution 46/91.
[94] Global Targets on Ageing for the
year 2001: A Practical Strategy (A/47/339)/
[95] General Assembly Resolution 47/5
of 16 October 1992.
[96] Supra note 13.
[97] UN General Assembly Proclamation
on Ageing, para 2.
[98] Cairo Progrramme of Action,
para. 6.17.
[99] Ibid., para. 6.19.
[100] Id., para. 6.20.
[101] Copenhagen Programme of
Action, para. 26 and Commitment 2.
[102] Ibid., para 24.
[103] Id., para 25.
[104] Id., para 40.
[105] Beijing Platform for Action,
para 101.
[106] Ibid.,
para 106.
[107] Id., para. 165.
[108] Habitat Agenda, para. 17.
[109] Ibid., para. 40.
[110] Resolution No. 54/262 of 25th
May 2000.
[111] Available at: http://www.un.org/ageing/coverage/pr/socm1.htm
(Accessed on: 13/02/2010)
[112] D. Paul Choudhury, Ageing and
the Aged, (New Delhi: Inter-India Publications, 1992), p. 110-11.
[113] The World Book Encyclopedia, Vol. 18
(Chicago/Frankfurt/London/Paris/Rome/Sydney/Tokyo: Field Enterprises
Educational corporation, 1976).
[114] The Encyclopedia Americana,
International Edition, Vol. 25 (Danbury/Connecticut: Grotier Incorporated,
1984) p. 133.
[115] The Ford Foundation, Project on Social Welfare and the
American Future, Executive Panel, The Common Good ( New York: Ford
Foundation, 1989).
[116] Supra note 79 at 112.
[117] Ibid.
[118] Id.
[119] Id.
[120] Articles 42 and 43 of USSR Constitution.
[121]
http://www.unescap.org/esid/psis/meetings/AgeingMipaa2007/China (assessed on 15/03/2010)
[122] Supra note 79 at 116.
[123]
http://www.unescap.org/esid/psis/meetings/AgeingMipaa2007/Australia
[124]
. http://www.un.org/esa/socdev/ageing/review_map (assessed on 18/03/2010)
[125]
. http://www.unescap.org/esid/psis/meetings/AgeingMipaa2007/Bangladesh
(assessed on 20/03/2010)
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