Autonomy, self-determination and capacity: keys to prevent elder abuse

DABOVE, MARÍA ISOLINA

Erkner

Congreso; 4th World Congress on Adult Guardianship 2016 = 4. Weltkongress Betreuungsrecht 2016; 2016

German Association for Betreuung/Betreuungsgerichtstage.V. (BGT); International Guardianship Network (IGN)

Abstract:Elder abuse is one of the most important social problems in the world and it has grown together with global aging. The new Inter American Convention on protecting the human rights of older persons (OAS, 2015) defined it as: a single or repeated act or omission to the detriment of an older person that harms their physical, mental, or moral integrity and infringes the enjoyment or exercise of their human rights and fundamental freedoms, regardless of whether or not it occurs in a relationship of trust. It may also reflect intentional or unintentional neglect (WHO, 2002). Globally, between 4% and 6% of older people have experienced some form of abuse, causing serious physical injuries and long-term psychological disorders. Many of those older people are mistreated and abandoned in their own homes, in relatives? homes, and even in facilities responsible for their care. Older women are often the most vulnerable of all.The promotion of personal autonomy and the empowerment of the elderly in dependency situation contribute to eradicate elder abuse.Argentine Law andthe new Inter American Convention recognize some instruments to fulfill this purpose. Among others, they are: living wills oradvance directives, free and informed consent on health matters, intervention of volunteers and social networks, phone call or computer monitoring systems, judicial control on safeguards relating to exercise of legal capacity, the development of training programs about elderly rights for family members, caregivers, guardians, security forces, judges, lawyers, notaries and their diffusion by mass media. This paper will discuss them.