THE RIGHT OF ELDERLY PEOPLE TO HEALTH – THE CHALLENGES OF TODAY

Abstract

Introduction. The article is devoted to the topical issues in the area of ensuring the right of the older persons to health, taking into account modern realities. In particular, it focuses on the existing problematic aspects through the prism of the right to decent treatment and autonomy. The issue of abuse of the elderly, which negatively affects their physical and mental health and providing palliative care, which helps to improve the quality of life of patients with diseases that limit life expectancy have been analyzed; it focuses on the problem of dementia, which is one of the leading causes of disability and dependence among older people around the world; given the fact that older people are at high risk during COVID-19, the focus is on protecting this category of people during a pandemic.

The main results of the study. An analysis of the existing legal framework for cooperation between states to overcome the negative trends in the provision of health care to the elderly, in particular: the Toronto Declaration on the Global Prevention of Elder Abuse, the Council of Europe Convention on preventing and combating violence against women and domestic violence, the European Social Charter (revised), the Inter-American Convention on Protecting the Human Rights of Older Persons, the Global action plan on the public health response to dementia 2017-2025, the “Towards a Dementia Plan” Guide , World Health Organization Guidelines for Reducing the Risk of Cognitive Function and Dementia. In addition, attention is paid to the recommendations of the main bodies of international intergovernmental organizations, in particular the Committee of Ministers of the Council of Europe, and international treaty bodies in this field - the Committee on Economic, Social and Cultural Rights, the Committee on the Elimination of Discrimination against Women (General recommendation № 24, General recommendation № 27) etc. Relevant conclusions and recommendations have been made.

Conclusions. It should be noted that the existing tendency of the population to age is a reality of today and encourages society to seek new ways of life in these circumstances. Aging is no longer seen as a problem, but rather as a challenge and an opportunity for society to respond and take timely adaptation measures. The international community is making significant efforts to create a legal framework, develop standards, and develop international cooperation to ensure a decent old age for the elderly. The task for governments is to implement international norms into national legislation and to optimize national measures in this area.

The field of healthcare for the older persons is the most sensitive, as it is a question of a decent standard of living, so it needs a balanced strategy, which should include: disease prevention (diagnosis, medical care, etc.); development, improvement, introduction of an affordable and inexpensive system of long-term care with the involvement of the elderly themselves in this work and training of specialists who will work in this field; training of persons who informally care for the elderly; regular independent monitoring of long-term care services, based on clear principles and rights that older people can exercise on their own; giving preference to home care; creation of appropriate services to provide advice, psychological, legal assistance to the elderly. It is also important for society to be aware of aging in order to understand the problems and not to cause repeated psychological trauma to the older persons so they don’t feel like a “burden” for society, rather than full members.