A Generic Construction of the Right System for Population Ageing: Draft Convention on the Rights of the Elderly
Open Access
- 31 May 2020
- journal article
- research article
- Published by Yijun Institute of International Law in Journal of East Asia and International Law
- Vol. 13 (1), 75-96
- https://doi.org/10.14330/jeail.2020.13.1.04
Abstract
Although there are many international treaties and conventions offering protection for generic human rights that implicitly refer to older persons, these relevant provisions are scattered, porous and lack of practical operability, which fail to provide explicit, tailored, comprehensive and binding protection to older persons. In addition, there are some soft law provisions that guide the application of law and add to the overall protection of older people. However none of the documents contains legally binding obligations. Therefore, the protection of the rights of the elderly must be formulated as the "hard law" which defines the responsibilities of the state and clarifies the implementation mechanism at the international and domestic level. In other words, a legal system ought to be established to comprehensively protect the rights of the elderly, which is just the Convention on the Rights of the Elderly. This article attempts to present a proposal to create the right system of the Convention, which represents the core of this potential international treaty.Keywords
This publication has 5 references indexed in Scilit:
- What Is the Right to Privacy?Philosophy & Public Affairs, 2015
- The relationship between abuse, psychosocial factors, and pain complaints among older persons in EuropeMedicina, 2014
- The Debate Around the Need for an International Convention on the Rights of Older PersonsThe Gerontologist, 2010
- Social security and the retirement and savings behavior of low-income householdsJournal of Econometrics, 2008
- The Relative Universality of Human RightsHuman Rights Quarterly, 2007