Elder rights

Elder rights movement

As defined by Nina Kohn, an elder rights movement is the "collective effort [of] organizations and individuals... (coming) together around the common goal of transforming social, political, and legal structures to allow older adults to fully exercise their civil and human rights and liberties." The concept of a unique set of needs and rights of the elderly started in 1930s, during the Great Depression, with the main focus being on the need for a national pension program to provide financial security to the no longer working elderly. Numerous rival plans (the Townsend Plan, the McClain Movement, the Ham and Eggs Movement) were made to address the issue. Eventually, as part of Franklin Delano Roosevelt's New Deal, the Social Security Act was passed to meet the need.

As the population aged and the aged grew wealthier throughout the second half of the twentieth century, their political influence increased. Organizations such as the American Association of Retired Persons and government bodies such as the Administration on Aging were created to meet their needs. Issues far beyond simple financial security became the focus – Maggie Kuhn, angered over her mandatory retirement at 65, launched the Gray Panthers in 1970. Since its establishment, the Gray Panthers have advocated for affordable, intergenerational housing and a single-payer healthcare system. Today, the Grey Panthers leads the Stakeholder Group on Aging, an organization it co-founded, which aims to create an international network of older persons and activists. The National Elder Law Foundation was created out of concern that the elderly might have unique legal needs. The 2006 reauthorization of the Older Americans Act included a project called Choices for Independence, to develop consumer-directed community-based (as opposed to congregate segregated choices such as traditional nursing homes) long-term care options.

Social and financial rights of elders

The Adult Protective Services provide services for older individuals, who have been abused, neglected or exploited. Recently, there has been efforts to research and address elder abuse issues through passage of laws such as Elder Abuse Prevention and Prosecution Act of 2017.

One of the earliest efforts by the US federal government to protect financial rights of elders was the establishment of Social Security benefits via the Social Security Act in 1935, providing income to retired individuals who qualify. The law was amended in 1972 to add Supplemental Security Income, which provides cash assistance to individuals, 65 years of age or older. The passage of The Age Discrimination in Employment Act of 1967 further protected the financial rights of older people by prohibiting employers from discriminating against people who are 40 years of age or older.

Health, healthcare, and medico-legal rights of older adults

One area where older adults experience particular vulnerability, is in healthcare and health decision-making. Worsening chronic illnesses, cognitive impairment, and limitations in functional status are all examples of changes that occur later in life, that can increase an older adult's level of dependency on a caregiver. This dependency leaves elderly people at a greater risk of experiencing abuse. According to the National Institute on Aging, elder abuse can occur when older adults are living away from home in a skilled nursing facility or assisted living facility, or even when they are living with family. While abuse can occur to anyone, older adults with impaired cognitive function due to dementia or with great medical need, are especially vulnerable. Signs of abuse include a disheveled appearance, unexplained bruises or scars, unexplained weight loss, recurrent bed sores, and lacking in supportive medical devices like glasses or hearing aides.

While elder abuse continues to be an ongoing problem, there are some protections in place for older adults. One of such protection is the Long-Term Care Ombudsman Program, which advocates for the rights of adults in nursing homes, assisted living facilities, and other residential settings. Despite such programs, there is still much progress to be made in defending the rights of elder adults.

The COVID-19 pandemic exposed previously ignored vulnerabilities in nursing homes, particularly their risk of exposing elder adults to avoidable injury and illness. According to a 2021 report by the Human Rights Watch, over 178,000 COVID-19 deaths were linked to nursing facilities comprising up to 40 percent of total deaths in the United States. These deaths have been attributed to long-standing staffing shortages and resident neglect.

Milestones in elder rights development

Notable elder rights activists

• Ethel Percy Andrus – founder of AARP
• David Hobman – creator of Age Concern England
• Maggie Kuhn – founder of the Gray Panthers
• Paul Kuniholm – elder rights artist
• Gordon Lishman – creator of Age UK
• Helen Levitov Sobell
• John Swinburne – founder of the Scottish Senior Citizens Unity Party
• Valerie Taylor
• Francis Townsend – creator of the Townsend Plan

Specific jurisdictions

• Elder law in India
• Elder law (United States)
  • Elder law (Massachusetts)