Senior Citizens

Resolution No. 9763 – Implementing
Rules and Regulations of Republic Act
No. 10366, Entitled “An Act Authorizing
the Commission on Elections to
Establish Precincts Assigned to
Accessible Polling Places Exclusively
for Persons with Disabilities and Senior
Citizens”
From the Commission on Elections
Resolution No. 9763
IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 10366,
ENTITLED ―AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO
ESTABLISH PRECINCTS ASSIGNED TO ACCESSIBLE POLLING PLACES
EXCLUSIVELY FOR PERSONS WITH DISABILITIES AND SENIOR CITIZENS‖
Date: 30 August 2013
WHEREAS, Article II of the 1987 Philippine Constitution states:
―Section 2. The Philippines renounces war as an instrument of national policy, adopts
the generally accepted principles of international law as part of the law of the land and
adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all
nations.‖
―Section 10. The State shall promote social justice in all phases of national
development.‖
―Section 11. The State values the dignity of every human person and guarantees full
respect for human rights.‖
WHEREAS, on September 25, 2007, the Philippines became a party to the United
Nations Convention on the Rights of Persons with Disabilities (CRPD). The CRPD not
only clarifies the fact that States should not discriminate against Persons with
Disabilities, it also provides the steps that States must take to create an enabling
environment so that Persons with Disabilities can enjoy real equality in society;
WHEREAS, even prior to becoming a State Party to the CRPD, the Philippines, in 1992,
has already enacted Republic Act (RA) No. 7277, otherwise known as the Magna Carta
for Disabled Persons, as amended in 2007 by RA No. 9442, which affirms its
commitment to the full participation and total integration of Persons with Disabilities into
the mainstream of society;
WHEREAS, equally significant is the Philippines’ recognition of the invaluable
contribution of the elderly in our society for which reason Congress enacted RA No.
7432, as amended, otherwise known as the Senior Citizens Act;
WHEREAS, in pursuit of its constitutional and international legal mandate, the 15th
Congress of the Philippines, on July 23, 2012, passed into law RA No. 10366, entitled
―AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO ESTABLISH
PRECINCTS ASSIGNED TO ACCESSIBLE POLLING PLACES EXCLUSIVELY FOR
PERSONS WITH DISABILITIES AND SENIOR CITIZENS‖, and approved by President
Benigno S. Aquino III on February 15, 2013;
WHEREAS, Sec. 15 of RA No. 10366 prescribes that the Commission on Elections
shall promulgate the implementing rules and regulations within sixty (60) days from the
effectivity of the same.
NOW THEREFORE, pursuant to the powers vested in it by the 1987 Philippine
Constitution, the Omnibus Election Code, RA No. 10366, and related laws, the
Commission En Banc RESOLVED as it hereby RESOLVES, to promulgate the following
rules and regulations:
IMPLEMENTING RULES AND REGULATIONS
Section 1. Declaration of Policy. – The State shall ensure that Persons with Disabilities
and Senior Citizens are able to exercise their right to political participation without
discrimination or restrictions. Towards this end, the State shall design systems and
procedures that will enable Persons with Disabilities and Senior Citizens to register and
vote by themselves.
Sec. 2. Definition of Terms – As used in the Act and this Implementing Rules and
Regulations, the term:
a. Commission – refers to the Commission on Elections.
b. Persons with Disabilities – refer to qualified voters who have long-term physical,
mental, intellectual or sensory impairments which, in interaction with various barriers,
may hinder their full and effective participation in the electoral processes on an equal
basis with others. It may likewise refer to qualified voters whose physical inability to
accomplish the ballot, on Election Day, is manifest, obvious, or visible.
c. Senior Citizens – refer to qualified voters who are sixty (60) years or older.
d. Electoral Processes – refer to election-related activities and proceedings including
registration, candidacy, campaign, voter education and casting of votes.
e. Assistance – refers to any support or aid that may be extended to Persons with
Disabilities and Senior Citizens for them to meaningfully and effectively participate in
electoral processes.
f. Discrimination on the basis of disability – refers to any distinction, exclusion or
restriction on the basis of disability which has the effect of impairing or nullifying the
recognition, enjoyment or exercise, on an equal basis with others, of all human rights
and fundamental freedoms, including denial of reasonable accommodation.
g. Reasonable accommodation – refers to necessary and appropriate modification and
adjustments not imposing a disproportionate or undue burden, where needed in a
particular case, to ensure to Persons with Disabilities and Senior Citizens the enjoyment
of exercise on an equal basis with others of all human rights and fundamental freedoms.
h. Universal design – refers to the design of products, environments, programs and
services, to be usable by all people, to the greatest extent possible, without the need for
adaptation or specialized designs, but shall not exclude assistive devices for particular
groups of persons with disabilities where this is needed.
i. Satellite registration – refers to registration conducted by the Election Officer (EO) in
established satellite offices located in a public place within his or her area of jurisdiction.
It accepts applications for registration, transfer or transfer with reactivation, reactivation
of registration records, change or correction of entries, and validation of registration
from all registrants or voters residing within the EO’s territorial jurisdiction.
j. Special registration – refers to registration conducted in established satellite offices by
a special registration team designated by the Commission. It exclusively caters to
Persons with Disability and Senior Citizens who are first time registrants residing
outside the area of jurisdiction of the regular EO conducting the satellite registration.
k. Accessible Polling Place – refers to the venue where the Board of Election Inspectors
(BEI) conducts election-related proceedings and where voters cast their votes. The
Accessible Polling Place shall be located at the ground floor, preferably near the
entrance of the building, and is free of any physical barriers, and provided with
necessary services including assistive devices.
l. Board of Election Inspectors (BEI) – refers to the body which conducts the election in
the polling place usually composed of three (3) public school teachers appointed by the
Commission through the EO.
m. Election Day Computerized Voters’ List (EDCVL) for Persons with Disabilities and
Senior Citizens – refers to the final list of registered voters who are voting in the
Accessible Polling Places used on the day of the elections where the voters must affix
their signatures before and after casting their votes. The EDCVL contains voters’
photograph, specimen signatures, and thumbprints. It must be duly certified by the
Election Registration Board (ERB).
n. Posted Computerized Voters’ List (PCVL) for Persons with Disabilities and Senior
Citizens – refers to the final list of Persons with Disabilities and Senior Citizen voters
posted outside each polling place. It contains the voters’ names, addresses and precinct
numbers.
o. Voting Center – refers to the building or place where the polling place is located.
p. Precinct – refers to the unit of territory for the purpose of voting.
q. Accessible Precinct – a separate non-territorial precinct created exclusively for
Persons with Disabilities and Senior Citizens who manifested their intent to be assigned
therein and to vote in an Accessible Polling Place.
I. REGISTRATION OF PERSONS WITH DISABILITIES AND SENIOR CITIZENS
Sec. 3. Registration and Updating of Records of Persons with Disabilities and Senior
Citizens – The Commission, through the EOs, must ensure that Persons with
Disabilities and Senior Citizens applying for registration, reactivation, transfer, transfer
with reactivation, reinstatement, inclusion of record or correction of entry indicate the
type(s) of their disability, as well as the form(s) of assistance they need.
Persons with Disabilities and Senior Citizens who are already registered but have not
indicated the type of their disability, or who may have developed or manifested such
disability after having been registered, shall be allowed, during the period of registration,
to update their registration records by indicating therein, the type of their disability and
the assistance they need on election day.
The Commission shall design registration forms to implement the purpose of RA 10366
and provide for procedures to be followed by those who need to update their registration
records.
Sec. 4. Assistance in the Accomplishment of Application for Registration – Persons with
Disabilities or Senior Citizens who cannot by themselves accomplish applications for
registration by reason of illiteracy or physical disability shall be assisted by the following:
a. EO;
b. A member of an accredited citizens’ arm;
c. A relative by consanguinity or affinity within the 4th civil degree;
d. A person of confidence of the voter who lives in the same household. The person
who usually assists the Person with Disability or Senior Citizen, such as a personal
assistant, a caregiver or a nurse shall be considered a member of his or her household.
Sec. 5. Satellite and Special Registration – The Commission through the EOs, motu
proprio or upon request, shall, in coordination with the concerned government
agency/office, local government units, Persons with Disabilities and Senior Citizens’
organizations, conduct satellite or special registrations in accessible public places,
subject to pertinent Comelec Resolutions.
Sec. 6. Records of Persons with Disabilities and Senior Citizens – The Commission,
through the Offices of the Election Officer (OEOs) and its Election Records and
Statistics Department (ERSD), shall keep an updated record of Persons with Disabilities
and Senior Citizens who are registered as voters, which indicate the type of disability
and the assistance they need, to be used for policy determination to come up with more
inclusive and accessible electoral processes.
The registration records of Persons with Disabilities and Senior Citizens shall be treated
with utmost confidentiality taking into account their right to privacy, copies of which shall
only be released upon order of a competent court or to the voter upon personal request
subject to existing policies of the Commission. Summary reports on the type of
disabilities and assistance needed shall be accessible to other government agencies
and organizations which promote the rights of Persons with Disabilities and Senior
Citizens, subject to reasonable fees as may be determined by the Commission.
II. ACCESSIBLE POLLING PLACE FOR PERSONS WITH DISABILITIES AND
SENIOR CITIZENS ON ELECTION DAY
Sec. 7. Who May Avail of the Accessible Polling Place -The following may vote in the
Accessible Polling Place:
a. Persons with Disabilities and Senior Citizens who manifested their intent to be
assigned in a separate non-territorial precinct designated to vote in the Accessible
Polling Place by checking the box ―Accessible Precinct‖ as the type of assistance
needed on election day found in the Supplemental Data for Persons with Disabilities
and Senior Citizens.
b. Persons with Disabilities and Senior Citizens who have previously registered but
have not manifested their intent to be assigned in a separate non-territorial precinct or
who may have thereafter developed a disability or reached the age of seniority, by
updating their records at the OEO and checking the box ―Accessible Precinct‖ in the
Supplemental Data.
c. Only Persons with Disabilities and Senior Citizens whose names appear in the
EDCVL and/or PCVL for Persons with Disabilities and Senior Citizens may vote in the
Accessible Polling Places.
d. Persons with Disabilities and Senior Citizens who did not manifest their intent to avail
of the non-territorial precinct or who were unable to update their record to express such
intent will vote in the regular polling places where they shall be accommodated in the
priority/express lanes.
Sec. 8. Creation of Accessible Precincts. – The Commission, through the EOs, is
authorized to establish accessible precincts of a non-territorial nature exclusively for
Persons with Disabilities and Senior Citizens who manifested their intent to avail of their
right to a separate precinct. Said precincts shall be assigned to Accessible Polling
Places for every voting center.
For this purpose, the EO shall observe the following guidelines:
a. Extract from their present assigned precinct the names of Persons with Disabilities
and/or Senior Citizen the voters who manifested their intent to be assigned to an
accessible precinct;
b. Create at least one (1) accessible precinct with a maximum number of two hundred
(200) registered voters. The Commission shall promulgate guidelines for the numbering
and clustering of the accessible precincts. The technical procedures for the extraction of
their names shall be provided by the Information and Technology Department (ITD).
c. If the designated voting center is located in elevated areas (i.e., hills or mountains) or
should there be conditions that will render voting therein extremely difficult for Persons
with Disabilities and Senior Citizens, Accessible Polling Places may be established in
places or buildings, other than the regular voting centers, with prior authority of the
Commission; provided, they meet the requirements on accessibility.
In order to accomplish the requirements on accessibility, the EOs shall coordinate and
seek assistance from proper government agencies such as:
i. Department of Social Welfare and Development (DSWD);
ii. National Council on Disability Affairs (NCDA);
iii. Department of Education (DepEd);
iv. Department of Public Works and Highways (DPWH);
v. Department of the Interior and Local Government (DILG);
vi. Department of Transportation and Communication (DOTC);
vii. Commission on Human Rights (CHR); and
viii. Other concerned agencies.
They shall also coordinate with Persons with Disability and Senior Citizens’
organizations, accredited citizens’ arms, and civic and professional organizations.
Sec. 9. Regular Polling Places at the Ground Floor – In the event that no Person with
Disability or Senior Citizen registered voter manifests an intention to be assigned to an
accessible precinct, as stated in Section 7, they shall remain in their regular precinct but
their polling places shall, whenever practicable, be located at the ground floor which
shall be made compliant with the requirements of an Accessible Polling Place.
Sec. 10. Types of Assistance in Accessible Polling Place – The following assistance
shall, as far as practicable, be provided in the Accessible Polling Place:
A. Assistor – In case a voter cannot accomplish the ballot by themselves, the assistor
shall be the one to mechanically accomplish the ballot strictly in accordance with the
instructions of the voter.
B. Only the following, all of whom must be of voting age, are qualified to act as assistor:
1. A relative within the 4th civil degree of consanguinity or affinity of the voter;
2. A person of confidence who belongs to the same household as the voter. For this
purpose, the person who usually assists the Person with Disability or Senior Citizen,
such as a personal assistant, a caregiver, or a nurse shall be considered a member of
his/her household; or,
3. A member of the BEI.
An assistor shall bind himself in a formal document under oath to fill up the ballot strictly
in accordance with the instructions of the voter, shall prepare the ballot for the voter
inside the voting booth, and shall not reveal the contents of the ballot prepared by him.
Except for the members of the BEIs, no assistor can assist for more than three (3)
times.
Any violation of this provision shall constitute an election offense punishable under
Section 262 of the Omnibus Election Code.
B. Communication Assistance – Assistance such as sign language interpretation and/or
the use of writing materials and papers to communicate or any other mechanism that
allows Persons with Disabilities and Senior Citizens to convey their concerns to the BEI
and vice-versa.
C. Visual Assistance – Assistance provided such as reading aloud of the printed
instructions and forms, providing recorded voice instructions, printing of voting
instructions in large letters or any other mechanism that can be utilized by a Person with
Disability or a Senior Citizen with disability related to sight.
D. To carry out the objectives of this section and when necessary, the Commission shall
coordinate with appropriate government agencies and civil society organizations.
Sec. 11. Waiting Area for Persons with Disabilities and Senior Citizens – The EO in
coordination with the school principal, administrative officer and/or owner of the building
designated as voting center shall establish a waiting area for Persons with Disabilities
and Senior Citizens inside the voting center, preferably beside the Accessible Polling
Place.
Sec. 12. Preparation of EDCVL and PCVL for Persons with Disabilities and Senior
Citizens – The EDCVL for Persons with Disabilities and Senior Citizens shall be
prepared by the ITD of the Commission containing the names of all registered Persons
with Disabilities and senior citizens who manifest their intent to vote in the Accessible
Polling Place.
The PCVL for Persons with Disabilities and Senior Citizens shall be prepared by the
EO.
Sec. 13. Appointment of Members of the Board of Election Inspectors (BEIs) – The
Commission, through the EOs, shall constitute the BEIs who will serve in the Accessible
Polling Places for Persons with Disabilities and Senior Citizens in accordance with the
period provided in the calendar of activities for the elections. Special Education (SPED)
teachers shall be prioritized in the assignment of BEIs to the Accessible Polling Place.
The Commission may appoint a support staff to assist the BEI. The BEI and its support
staff, if any, shall have the same qualifications as the members of the regular BEI.
Sec. 14. Ballot Design – In designing the ballot, the Commission shall ensure
reasonable accommodation to Persons with Disability and Senior Citizens to enable
them to accomplish the ballots by themselves.
MISCELLANEOUS PROVISIONS
Sec. 15. Sensitivity Training Program – The Commission, in coordination with the
National Council on Disability Affairs (NCDA), the Commission on Human Rights (CHR),
and Person with Disability and Senior Citizen organizations, shall organize, design, and
implement sensitivity trainings to persons performing electoral duties, including the
Commission field officers, members of the BEIs, and accredited citizens’ arms to
familiarize them with the needs of Persons with Disabilities and Senior Citizens.
Sec. 16. Role of Election Officers, Regional Election Directors (REDs), Assistant
Regional Election Directors (AREDs) and Provincial Election Supervisors (PESs).- EOs
shall perform all acts necessary to implement these rules and regulations. In the
process, they shall make proper coordination with the voting center/s administrator/s,
local representatives of accredited citizens’ arms, Persons with Disabilities and Senior
Citizens’ organizations, and appropriate local government unit officials. Further, they
shall conduct information campaign within their areas of jurisdiction.
The REDs, AREDs and PESs shall monitor and ensure compliance by the EOs of these
rules and regulations. Any field officer who fails to comply with the provisions stated
herein shall be subjected to administrative proceedings and, if found liable, shall be
imposed the appropriate administrative liability.
Sec. 17. Applicability of other Resolutions of the Commission.- The provisions of Res.
No. 2904 (Rules and Regulations Governing the General Registration of Voters and the
System of Continuing Registration of Voters) and other Resolutions of the Commission
insofar as applicable and when not inconsistent herewith, shall apply in the registration
of voters and in the conduct of voting and counting of votes on election day.
Sec. 18. Publication – The Education and Information Department shall cause the
publication of this Resolution in two (2) daily newspapers of general circulation and
disseminate copies thereof to all Regional Election Directors, Assistant Regional
Election Directors, Provincial Election Supervisors and Election Officers.
Sec. 19. Effectivity – This Resolution shall take effect on the seventh (7th) day after its
publication in two (2) daily newspapers of general circulation.
SO ORDERED.
SIGNED:
BRILLANTES, SIXTO S., Jr., Chairman
TAGLE, LUCENITO N., Commissioner
YUSOPH, ELIAS R., Commissioner
LIM, CHRISTIAN ROBERT S., Commissioner
PADACA, MARIA GRACIA CIELO M., Commissioner
GUIA, LUIE TITO F., Commissioner
- See more at: http://www.ncda.gov.ph/disability-laws/implementing-rules-and-
regulations-irr/resolution-no-9763-implementing-rules-and-regulations-of-republic-act-
no-10366-entitled-an-act-authorizing-the-commission-on-elections-to-establish-
precincts-assigned-to-accessible-polling-plac/#sthash.PcVEF2Ep.dpuf

What is Elder Law?
Elder Law refers to the area of legal practice pertaining to issues that affect older people (usually
those over 60 years of age). The three primary focuses of elder law include estate planning;
medicaid, disability and long-term care; and guardianship.
Estate Planning
As one approaches the end of their life, issues related to what they will do with their belongings once
they are gone become a greater focus. For elder law, this includes not only the preparation and
administration of a will, but also advising the elder client and his or her family about the tax
consequences of different inheritance strategies, including establishing trusts, the use and purpose
of a living will, and any other matters that could affect the elder's personal or estate interests at the
end of his or her life.
Medicaid, Disability, and Long-Term Care
Another key area of elder law is paying for the elder's medical needs at the end of his or her life.
Most medical expenses tend to be incurred at the end of one's life. As a result, ensuring that
sufficient coverage is in place to cover these expenses is essential. Moreover, simply having the
coverage is often not enough. Many times it is necessary to police the insurance providers to ensure
that they are providing the levels of coverage they promised. Beyond the financial considerations,
however, it is also important to consider just how far one wishes for medical practitioners to go in
extending their life. Leaving behind plans for how this is to be handled, often in the form of a living
will, can help prevent family disagreements, suffering of loved ones, and uncertainty about how the
elder wished to have their medical treatment handled once they became incapacitated.
Guardianship
The third area of primary focus in elder law is guardianship. This deals with who can care for an
elderly person should their mental or physical factors begin to fade with old age (for example, as a
result of dementia, Alzheimer’s, or after a stroke). While close family members often serve as
guardians, it can frequently be necessary to consider establishing a power of attorney for such
person prior to the incapacitation so that the guardian can handle all business and legal affairs of the
elder. In cases where there is no family member who can take on the task, laws exist for the
appointment of a guardian by the court, including how that person will be paid, what their legal
obligations are to the elder, how they must administer and preserve the estate, and so forth.
Other Concerns
Elder law can also touch on many other issues, such as:
Commitment – when an elder becomes too disabled to live outside of a care facility.
Conservatorship – when an elder or those entrusted with the elder's affairs, begin to deplete the
assets of the estate, conservatorship seeks to prevent those losses.
Elder abuse, neglect, and fraud – all too often nursing homes do not properly care for those
entrusted to them. This can result in malnutrition, bed sores, other injuries, and even death.
Retirement planning – while much of elder law focuses on the very end of one's life, it is worth
remembering that Americans are living longer than ever, and a lot can happen after the age of 60.
Careful retirement planning can be the key to remaining financially free during those years.
Crimes against the elderly – Unfortunately, many older people become more susceptible to fraud
and other crimes as they age. A large and growing body of law pertains to preventing crime against
the elderly and enhancing penalties against those who take advantage of these persons. These laws
can include consumer protections, nursing home abuse laws, and sentencing guidelines for crimes
against older persons.
If you or someone you know has questions about elder law, you can find additional information by
visiting the resources below. You can also contact an attorney in your area by visiting our Law Firms
page.
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Know Your Rights!
 Detecting Nursing Home Abuse and Neglect
Elder Law - US
 ABA - Commission on Law and Aging
The mission of the ABA Commission on Law and Aging is to strengthen and secure the legal
rights, dignity, autonomy, quality of life, and quality of care of elders. It carries out this mission
through research, policy development, technical assistance, advocacy, education, and training.
 Age Discrimination in Employment Act of 1967
The Age Discrimination in Employment Act of 1967 (ADEA) prohibits discrimination on the basis of
age and generally bans mandatory retirement. Covered employers are those engaged in an
industry affecting interstate commerce and who employ twenty or more full or part time workers for
each working day in each of twenty or more weeks in the current or preceding calendar year.
Covered employees are generally those over the age of 40.
 Elder Justice Act - Elder Justice Coalition
The Elder Justice Coalition was formally launched on February 10, 2003, to coincide with the
introduction of the Elder Justice Act (S. 333), which was introduced by Senators John Breaux and
Orrin Hatch.
 Elder Law - Definition
Elder law is a legal term coined to cover an area of legal practice that places an emphasis on those
issues that affect the growing aging population. There are three major categories that make up
elder law: Estate planning and administration, Medicaid, disability and other long-term care issues
as well as Guardianship.
 Elder Law Answers
Support for seniors, their families and their attorneys in achieving their goals. This site provides the
following services: the best information on the Internet about crucial legal issues facing seniors; a
network of highly qualified elder law attorneys nationwide, and online practice tools for elder law
attorneys.
 Elder Rights Protection - Administration on Aging
The Administration on Aging is pleased to provide the following off-site resources to connect older
persons, caregivers and professionals to important federal, national, and local programs.
 Employee Retirement Income Security Act of 1974 (ERISA)
The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum
standards for retirement and health benefit plans in private industry. ERISA does not require any
employer to establish a plan. It only requires that those who establish plans must meet certain
minimum standards.
 National Academy of Elder Law Attorneys
The NAELA membership is comprised of attorneys in the private and public sectors who deal with
legal issues affecting seniors and people with disabilities. Members also include judges, professors
of law, and students.
 National Elder Law Foundation
Elder law attorneys may now be certified in this field by the Board of Certification of the National
Elder Law Foundation (NELF), a non-profit organization founded in 1993, and dedicated to the
development and improvement of the professional competence of lawyers in the area of elder law.
The purpose of the certification program is to identify those lawyers who have the enhanced
knowledge, skills, experience and proficiency to be properly identified to the public as certified
elder law attorneys.
 National Senior Citizens Law Center
Since 1972, the National Senior Citizens Law Center has worked to promote the independence
and well-being of low-income elderly and disabled Americans, especially women, people of color,
and other disadvantaged minorities. Because we believe in publicly-funded safety net programs,
we work to preserve and strengthen Medicaid, Medicare Part D, Social Security and SSI. To
guarantee fair treatment, we work for greater access to federal courts for citizens and for better
enforcement of consumer’s legal rights in safety net programs.
 Older Americans Act
Congress passed the Older Americans Act (OAA) in 1965 in response to concern by policymakers
about a lack of community social services for older persons. The original legislation established
authority for grants to States for community planning and social services, research and
development projects, and personnel training in the field of aging. The law also established the
Administration on Aging (AoA) to administer the newly created grant programs and to serve as the
Federal focal point on matters concerning older persons.
 Programs for Older Americans - Chapter 35
The Congress hereby finds and declares that, in keeping with the traditional American concept of
the inherent dignity of the individual in our democratic society, the older people of our Nation are
entitled to, and it is the joint and several duty and responsibility of the governments of the United
States, of the several States and their political subdivisions, and of Indian tribes to assist our older
people to secure equal opportunity to the full and free enjoyment of the following objectives.
 Senate Special Committee on Aging
Throughout its existence, the Special Committee on Aging has served as a focal point in the
Senate for discussion and debate on matters relating to older Americans. Often, the Committee will
submit its findings and recommendations for legislation to the Senate. In addition, the Committee
publishes materials of assistance to those interested in public policies which relate to the elderly.
 Senior Citizens' Resources
As the U.S. government's official web portal, USA.gov makes it easy for the public to get U.S.
government information and services on the web. USA.gov also serves as the catalyst for a
growing electronic government.
 Social Security Act
The Social Security Amendments of 1965 was legislation in the United States whose most
important provisions resulted in creation of two programs: Medicare and Medicaid. The legislation
initially provided federal health insurance for the elderly (over 65) and for poor families. While
President Lyndon B. Johnson was responsible for signing the bill, there were many others involved
in drafting the final bill that was introduced to the United States Congress in March 1965.
 United States Senate Special Committee on Aging
The Senate Special Committee on Aging was first established in 1961 as a temporary committee. It
was granted permanent status on February 1, 1977. While special committees have no legislative
authority, they can study issues, conduct oversight of programs, and investigate reports of fraud
and waste.
Elder Law - International
 AARP International
AARP International aims to help people live longer, healthier, more financially secure and
productive lives by identifying the best ideas and practices on key policy issues. We convene
international opinion leaders and policy makers to share their expertise and develop research on
health and long-term care, livable communities, older workers and retirement income.
 Global Action on Aging
GAA carries out research on critical emerging topics and publishes the results on its website. GAA
staff and interns research aging policy and programs, both in the US and worldwide: income
support, health access, and human rights.
 International Federation on Aging
The International Federation on Ageing (IFA) is an international non-government organization
(NGO) with a membership base of NGOs, the corporate sector, academia, governments and
individuals. Founded in 1973, the IFA is a point of connection and a platform for knowledge
exchange for those representing the needs and interests of millions of older people across the
world.
 International Institute on Aging
An autonomous body under the auspices of the United Nations, the Institute holds a number of
training courses for persons from developing countries, carries out research projects, hosts
conferences and offers consultative services.
Organizations Related to Elder Law
 Administration on Aging
For over 35 years, the AoA has provided home and community-based services to millions of older
persons through the programs funded under the Older Americans Act. Whether you are an older
individual, a caregiver, a community service provider, a researcher, or a student, you will find
valuable information provided in a user-friendly way.
 Helpage International
HelpAge International has been working since 1983 to improve the lives of disadvantaged older
people, through a global network that today spans more than 70 affiliate organisations in 50
countries.
 International Network for the Prevention of Elder Abuse, Inc., (INPEA)
NPEA is an organization, founded in 1997, which is dedicated to the global dissemination of
information as part of its commitment to the world-wide prevention of the abuse of older people.
 Leadership Council of Aging Organizations
The Leadership Council of Aging Organizations (LCAO) is a coalition of national nonprofit
organizations concerned with the well-being of America's older population and committed to
representing their interests in the policy-making arena. Recognizing that the strength of the
coalition lies in the diversity of its membership, the purpose of the LCAO is to foster communication
and resource sharing among its member organizations, to serve as a source of information about
issues affecting older persons, to initiate joint advocacy strategies as appropriate, and to provide
leadership and vision as America meets the challenges and opportunities presented by its aging
society.
 National Academy on an Aging Society
As a non-partisan public policy institute, the Academy actively conducts and compiles research on
issues related to population aging and provides information to the public, the press, policymakers,
and the academic community.
 National Committee for the Prevention of Elder Abuse (NCPEA)
The National Committee for the Prevention of Elder Abuse (NCPEA) is an association of
researchers, practitioners, educators, and advocates dedicated to protecting the safety, security,
and dignity of America's most vulnerable citizens. It was established in 1988 to achieve a clearer
understanding of abuse and provide direction and leadership to prevent it. The Committee is one of
three partners that make up the National Center on Elder Abuse, which is funded by Congress to
serve as the nation's clearinghouse on information and materials on abuse and neglect.
 National Council on Aging (NCOA)
Founded in 1950, the National Council on Aging (NCOA) is a nonprofit organization with a national
network of more than 14,000 organizations and leaders. Our members include senior centers, area
agencies on aging, adult day service centers, faith-based service organizations, senior housing
facilities, employment services, consumer groups, and leaders from academia, business, and
labor.
 National Institute on Aging
NIA, one of the 27 Institutes and Centers of NIH, leads a broad scientific effort to understand the
nature of aging and to extend the healthy, active years of life. In 1974, Congress granted authority
to form NIA to provide leadership in aging research, training, health information dissemination, and
other programs relevant to aging and older people.
 UN Programme on Aging
The UN Programme on Ageing is part of the Division for Social Policy and Development (DSPD),
United Nations Department of Economic and Social Affairs (UNDESA). It is the focal point within
the United Nations system on matters related to ageing. Its primary action is to facilitate and
promote the Madrid International Plan of Action on Ageing, including designing guidelines for policy
development and implementation; advocating means to mainstream ageing issues into
development agendas; engaging in dialogue with civil society and the private sector; and
information exchange.
Publications Related to Elder Law
 Aging Today - American Society on Aging
Aging Today, ASA's bimonthly newspaper, covers developments in public policy, research,
practice, media and programming in the field of aging. A four-page pullout section, "In Focus," is
devoted to in-depth coverage of a single topic.
 Elder Law Journal - University of Illinois
The Elder Law Journal is an academic publication published twice annually by the students of the
University of Illinois College of Law. The Elder Law Journal is the oldest scholarly publication in the
country dedicated to addressing elder law issues. The Elder Law Journal publishes manuscripts
that not only address policy decisions, but also serve as guides to attorneys practicing in the field.
T
Articles on HG.org Related to Elder Law
 Medically Underwritten Annuities
For senior citizens living with a chronic condition yet expect to live a long life, medically
underwritten annuities may be the right annuity.
 Support The Passing Of Bills Dedicated to Protecting Elders From Elder Abuse In Nursing Homes
This month, legislators passed a bill entitled The Residential Care Facilities for Elders Reform Act
of 2014 (ACT), effective July 1, 2015.
 Financial Elder Abuse Reported to Cost $2.9 Billion Each Year – And Increasing
According to a recent MetLife study, financial elder abuse is reported to cost $2.9 billion each year
– and it's increasing.
 Nursing Homes Caught Willfully Committing Elder Abuse All Over Los Angeles
Nursing homes in LA discovered prematurely closing claims regarding elder abuse before
completing investigation
 Proposed Legislation for Residential Care Facilities for the Elderly (RCFE) Reform Act of 2014
Status updates on proposed legislation for the Residential Care Facilities for the Elderly (RCFE)
Reform Act of 2014 that are up for review at the next legislative session.
 Studies Show Aging Causes Mental Impairment, Incompetency, and Lack of Capacity to Make
Good Decisions
Studies show that aging has a negative effect on decision making abilities in elders. Elders should
be aware of an increased risk of falling victim to fraud due to increasing inability to make good
decisions.
 Pennsylvania Nursing Home Care: A Passing Grade
Pennsylvania has been rated satisfactory in nursing home care grades. If your loved one was
abused or neglected in a nursing home, contact an attorney.
 Los Angeles Area Man Arrested on Financial Elder Abuse Charges
A financial advisor was recently arrested at a seminar in Los Angeles on financial elder abuse
charges.
 Stock Risk Comes With Some Life Insurance Policies
The rising stock market has also broadened the appeal of certain investments such as variable
universal life and indexed universal life insurance policies that are linked to stock performance.
 Elder Abuse Hurts Families
The cycle of violence is hard to break. Problems can occur when a child that was abused becomes
the caregiver for the parent that did the abusing. Elder abuse can be the result when a child that
was abused is forced to take care of a parent later in life.
 All Family Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Family Law
including: adoption, alimony, child support and custody, child visitation, collaborative law, divorce,
domestic violence, elder law, juvenile crime, juvenile law, juvenile probation, paternity, pre-nuptial
agreement, separation.

HG.org Legal Resources

EPUBLIC ACT NO. 7432
REPUBLIC ACT NO. 7432 - AN ACT TO MAXIMIZE THE CONTRIBUTION OF SENIOR CITIZENS
TO NATION BUILDING, GRANT BENEFITS AND SPECIAL PRIVILEGES AND FOR OTHER
PURPOSES


Section 1. Declaration of Policies and Objectives. — Pursuant to Article XV, Sec. 4 of the
Constitution, it is the duty of the family to take care of its elderly members while the State may design
programs of social security for them. In addition to his, Section 10 in the Declaration of Principles and
State Policies provides: "The State shall provide social justice in all phases of national development."
Further, Article XIII, Section 11 provides: "The State shall adopt an integrated and comprehensive
approach to health development which shall endeavor to make essential goods, health and other
social services available to all the people at affordable cost. There shall be priority for the needs of the
underprivileged, sick, elderly, disabled, women and children." Consonant with these constitutional
principles the following are the declared policies of this Act:

a) to motivate and encourage the senior citizens to contribute to nation building;

b) to encourage their families and the communities they live with to reaffirm the valued Filipino
tradition of caring for the senior citizens.

In accordance with those policies, this Act aims to:

1) establish mechanisms whereby the contribution of the senior citizens are maximized;

2) adopt measures whereby our senior citizens are assisted and appreciated by the community as a
whole;

3) establish a program beneficial to the senior citizens, their families and the rest of the community
that they serve.

Sec. 2. Definition of Terms. — As used in this Act, the term "senior citizen" shall mean any resident
citizen of the Philippines at least sixty (60) years old, including those who have retired from both
government offices and private enterprises, and has an income of not more than Sixty thousand pesos
(P60,000.00) per annum subject to review by the National Economic and Development Authority
(NEDA) every three (3) years.

The term "benefactor" shall mean any person whether related to the senior citizens or not who takes
care of him/her as a dependent.

The term "head of the family" shall mean any person so defined in the National Internal Revenue
Code.
Sec. 3. Contribution to the Community. — Any qualified senior citizen as determined by the Office
for Senior Citizen Affairs (OSCA) may render his/her services to the community which shall consist of,
but not limited to, any of the following:

a) tutorial and/or consultancy services;

b) actual teaching and demonstration of hobbies and income generating skills;

c) lectures on specialized fields like agriculture, health, environmental protection and the like;

d) the transfer of new skills acquired by virtue of their training mentioned in Sec. 4, paragraph d;

e) undertaking other appropriate services as determined by the Office of Senior Citizens Affairs
(OSCA) such as school traffic guide, tourist aid, pre-school assistant, etc.

In consideration of the services rendered by the qualified elderly, the Office for Senior Citizens Affairs
(OSCA) may award or grant benefits or privileges to the elderly, in addition to the other privileges
provided for under Sec. 4 hereof.

Sec. 4. Privileges for the Senior Citizens. — The senior citizens shall be entitled to the following:

a) the grant of twenty percent (20%) discount from all establishments relative to utilization of
transportation services, hotels and similar lodging establishment, restaurants and recreation centers
and purchase of medicine anywhere in the country: provided, that private establishments may claim
the cost as tax credit;

b) a minimum of twenty percent (20%) discount on admission fees charged by theaters, cinema
houses and concert halls, circuses, carnivals and other similar places of culture, leisure, and
amusement;

c) exemption from the payment of individual income taxes: provided, that their annual taxable
income does not exceed the property level as determined by the National Economic and Development
Authority (NEDA) for that year;

d) exemption form training fees for socioeconomic programs undertaken by the OSCA as part of its
work;

e) free medical and dental services in government establishment anywhere in the country, subject
to guidelines to be issued by the Department of Health, the Government Service Insurance System
and the Social Security System;

f) to the extent practicable and feasible, the continuance of the same benefits and privileges given
by the Government Service Insurance System (GSIS), Social Security System (SSS) and PAG-IBIG, as
the case may be, as are enjoyed by those in actual service.

Sec. 5. Government Assistance. — The Government shall provide the following assistance to those
caring for and living with the senior citizen:

a) The senior shall be treated as dependents provided for in the National Internal Revenue Code and
as such, individual taxpayers caring for them, be they relatives or not shall be accorded the privileges
granted by the Code insofar as having dependents are concerned.

b) Individuals or non-governmental institutions establishing homes, residential communities or
retirement villages solely for the senior citizens shall be accorded the following:

1) realty tax holiday for the first five (5) years starting from the first year of operation;

2) priority in the building and/or maintenance of provincial or municipal roads leading to the
aforesaid home, residential community or retirement village.

Sec. 6. Retirement Benefits. — To the extent practicable and feasible, retirement benefits from both
the Government and the private sectors shall be upgraded to be at par with the current scale enjoyed
by those in actual service.

Sec. 7. The Office for Senior Citizens Affairs (OSCA). — There shall be established in the Office of
the Mayor an OSCA to be headed by a Councilor who shall be designated by the Sangguniang Bayan
and assisted by the Community Development Officer in coordination with the Department of Social
Welfare and Development. The functions of this office are:

a) to plan, implement and monitor yearly work programs in pursuance of the objectives of this Act;

b) to draw up a list of available and required services which can be provided by the senior citizens;

c) to maintain and regularly update on a quarterly basis the list of senior citizens and to issue
nationally uniform individual identification cards which shall be valid anywhere in the country;

d) to service as a general information and liaison center to serve the needs of the senior citizens.

Sec. 8. Municipality Responsibility. — It shall be the responsibility of the municipality through the
mayor to ensure that the provisions of this Act are implemented to its fullest.

Sec. 9. Penalties. — Violation of any provision of this Act for which no penalty is specifically provided
under any other law, shall be punished by imprisonment not exceeding one (1) month or a fine not
exceeding One thousand pesos (P1,000.00) or both.

SECTION 10. Implementing Rules and Regulations. — The Secretary of Social Welfare and
Development, jointly with the Department of Finance, the Department of Tourism, the Department of
Health, the Department of Transportation and Communications and the Department of Interior and
Local Government shall issue the necessary rules and regulations to carry out the objectives of this
Act.

SECTION 11. Appropriation. — The necessary appropriation for the operation and maintenance of
the OSCA shall be appropriated and approved by the local government units concerned. The National
Government shall appropriate such amount, as may be necessary to carry out the objectives of this
Act.

SECTION 12. Repealing Clause. — All provisions of laws, orders, decrees, including rules and
regulations inconsistent herewith are hereby repealed and/or modified accordingly.

SECTION 13. Separability Clause. — If any part or provision of this Act shall be held to be
unconstitutional or invalid, other provisions hereof which are not affected thereby shall continue to be
in full force and effect.

SECTION 14. Effectivity. — This Act shall take effect fifteen (15) days following its publication in one
(1) national newspaper of general circulation.


Approved: April 23, 1992
Search for www.chanrobles.com

Senior Citizens
Elderly persons, usually more than sixty or sixty-five years of age.
People in the United States who are more than sixty years of age are commonly referred to as senior
citizens or seniors. These terms refer to people whose stage in life is generally called old age, though
there is no precise way to identify the final stage of a normal life span. People are said to be senior
citizens when they reach the age of sixty or sixty-five because those are the ages at which most people
retire from the workforce.
U.S. law and society recognize the special needs of senior citizens. The most important aid to senior
citizens is the Social Security program. More than twenty-five million Americans receive old-age benefits
each month under federal Old-Age, Survivors, and Disability Insurance, and those payments amount to
almost $20 billion a year. Senior citizens who are age sixty-five or older qualify for a full benefit payment
by having been employed for the mandatory minimum amount of time and by having made contributions
to Social Security. A person may retire at age sixty-two and receive less than full benefits. There is no
financial need requirement to be satisfied.
Because of enormous financial pressures on the Social Security program, changes have been made that
will push the retirement age higher in the coming decades. Persons born before 1950 can retire at age
sixty-five with full benefits based on the average income during working years. Those born between 1950
and 1960 can retire at age sixty-six with full benefits. For those born in 1960 or later, full benefits will be
awarded for retirement at age sixty-seven.
Senior citizens are also protected by the Medicare program. This program provides basic HEALTH
CARE benefits to recipients of Social Security and is funded through the Social Security Trust Fund.
Medicare is divided into a hospital insurance program and a supplementary medical insurance program.
The hospital insurance plan covers reasonable and medically necessary treatment in a hospital or skilled
nursing home, meals, regular nursing care services, and the cost of necessary special care. Medicare
also pays for home health services and hospice care for terminally ill patients.
Medicare's supplementary medical insurance program is financed by monthly insurance premiums paid
by people who sign up for coverage, combined with money contributed by the federal government. The
government contributes the major portion of the cost of the program, which is funded out of general tax
revenues. Persons who enroll pay a regular monthly premium and also a small annual deductible fee for
any medical costs incurred during the year above the amount funded by the government. Once the
deductible has been paid, Medicare pays 80 percent of any medical bills.
Some warm-weather states such as Arizona and Florida have senior citizen retirement communities.
These planned communities allow only senior citizens to buy or rent housing. Many seniors feel more
independent and secure in a retirement community than in an ordinary neighborhood. Legal provisions in
a retirement community's development plan are incorporated into the deeds of all property owners,
prohibiting, for example, children from residing in the community. In this way, the special nature of the
neighborhood is preserved.
However, not all senior citizens wish to retire from the workforce. Amendments to the federal Age
Discrimination in Employment Act of 1967 (ADEA) (29 U.S.C.A. § 621 et seq.) have eliminated the age of
mandatory retirement for most employees and have made the act applicable to more workers. The ADEA
itself prohibits employers from discriminating on the basis of age.
How to Avoid Being Defrauded
Local law enforcement agencies, state attorneys general, the federal Consumer Protection Agency, and
groups such as the American Association of Retired Persons provide information to senior citizens on
how to avoid being defrauded. These organizations advise the following:
 Watch out if a caller promises prizes for buying products such as vitamins, beauty and health
aids, or office supplies. These products are sold at outrageously inflated prices, costing a buyer
$500 to $2,000 for items with a value of less than $100.
 Never give a caller your credit card number or checking account number.
 Be especially cautious if a caller reaches you when you are feeling lonely. The person may call
day after day until you feel that the caller is a friend, not a stranger trying to sell you something.
 If you think a caller is dishonest, hang up the phone. If a caller is trying to cheat you, it is not rude
to end the conversation.
 Never act in haste. If a caller is pressuring you to make a quick decision, consult with friends and
family or your state or local consumer protection office before taking a financial risk.
 Always remember that if you really win a prize, you will get it absolutely free, with no fee required.
 Beware if you have been cheated by con artists. They sell information to other con artists, who
are likely to call.
 Remember, con artists are liars. They will say anything to get your money.
 If it sounds too good to be true, it usually is not true. Be skeptical of offers that promise rewards
greatly out of proportion to your investment.
Senior citizens also are concerned about crime. Because of their physical vulnerability and personal
isolation, they are robbed more often than are the members of other age groups. Seniors are also the
most likely group in society to be swindled. The American Association of Retired Persons and state and
local governments seek to educate senior citizens about mail and telemarketing schemes that defraud
thousands of seniors each year.
Further readings
Breaux, John B., and Orrin G. Hatch. 2003. "Confronting Elder Abuse, Neglect, and Exploitation: The
Need for Elder Justice Legislation."Elder Law Journal 11 (spring).
Hang Up on Fraud. 1995. Office of Minnesota Attorney General Hubert H. Humphrey III.
Hines, Jeffrey. 2002. "Telemarketing Fraud Upon the Elderly: Minimizing Its Effects Through Legislation,
Law Enforcement and Education."Albany Law Journal of Science & Technology 12 (summer).
United States. Congress. Senate. Special Committee on Aging. 2000. Elder Fraud and Abuse: New
Challenges in the Digital Economy: Hearing Before the Special Committee on Aging, United States
Senate. Washington, D.C.: Government Printing Office.
——. Department of Justice and the U.S. Department of Health and Human Services. 2000. Our Aging
Population: Promoting Empowerment, Preventing Victimization, and Implementing Coordinated
Interventions: A National Symposium. Washington, D.C.: U.S. Department of Justice.
Cross-references
Age Discrimination; Consumer Protection; Death and Dying; Elder Law; Health Care Law; Health
Insurance; Pension.
The
Rights
of the
Aged





Introduction
Rights at Stake
International and Regional Instruments of Protection and Promotion
National Assistance, Protection and Service Agencies
Advocacy, Educational and Training Materials
Other Resources

Introduction
Over the past several decades a massive change has taken place in a key demographic
area of the planet’s human population: age. Our current body of scientific knowledge
tells us that the history of humankind has always been marked by high birth rates that
are accompanied by correspondingly high death rates. Historically, the majority of
people on the planet at one time have been aged somewhere in the middle of the then-
current age range or have tended to be younger than the median age. However, due to
the trend of lower birth rates and lower death rates, according to the United Nations
Department of Economic and Social Affairs, one out of every ten people on the planet is
now 60 years of age or older. If the current trend of lowering birth rates and lowering
death rates continues, by the year 2050 one out of five people will be aged 60 years or
older and by 2150, one out of every three people will be aged 60 years or older.
Additionally, the oldest old are the most rapidly expanding segment of
the elderlypopulation. Currently, the oldest old make up 11 percent of the 60+ age
group and will grow to 19 percent by 2050.
Many governments have support systems in place for elderly persons such as social
security and free or discounted medical care, for example. However, most of these
systems were built on the premise that there will always be significantly fewer older

persons than younger or middle-aged individuals living at one time. Because of
declining death rates, therefore, these systems are beginning to feel a strain that will
only increase over time. Additionally, the older-person support ratio is falling in both
more and less developed regions, which could further lessen the ability of societies and
governments to care for their aging populations.
These demographic trends create unique challenges for all people, particularly for the
governments of nation-states around the globe. Elderly individuals are often subject to
discrimination and abuse because they are perceived as easily taken advantage of.
There is also a prevalent belief among many that elderly persons are worthless in
today’s fast-paced, globalized and increasingly industrialized world. Obviously, with the
number of elderly people on earth at any one time rising rapidly, there is an increased
urgency to address the rights and roles of elderly persons in our world.



[Back to Top]

Rights at Stake
The rights of aged persons can be broken down into three main
categories:protection, participation and image. Protection refers to securing the
physical, psychological and emotional safety of elderly persons with regard to their
unique vulnerability to abuse and ill treatment. Participation refers to the need to
establish a greater and more active role for older persons in society. Image refers to
the need to define a more positive, less degrading and discriminatory idea of who
elderly persons are and what they are capable of doing. Regional intergovernmental
organizations in particular have begun to deal with these categories of rights in some
detail in their recommendations and treaties.
Special consideration for the rights of the elderly has been granted relatively recently in
recommendations and treaties between international instruments, like the Council of
Europe. These more detailed recommendations and agreements on the rights of the
elderly, however, are all based upon the fundamental premises established in
documents like the Charter of the United Nations and the Universal Declaration of
Human Rights. In Article 25, paragraph 1, of the Universal Declaration of Human
Rights it is established 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.” [italics added]
Elderly persons’ right to security is particularly vulnerable to violation. For example, a
component of the right to security is the right to healthcare if one, due to old age, is
unable to afford or pursue healthcare on one’s own. Although many countries currently
have universal healthcare systems, these systems are beginning to feel the strain of an
increasingly aged population, and there is some question about how these systems will
be maintained in the future. In other countries, like the United States, where there are
only federally and state-subsidized healthcare programs for those who are indigent,
disabled or elderly, rising healthcare costs are threatening the survival of these
systems. These rights are related to the right to an adequate standard of living,
which is often affected in the case of the elderly, due to lack of an adequate support
system for them.
Elderly individuals also have the right to non-discrimination. Elderly people should
not be thought of as useless to society simply because some of them may need more
care than the average person. These stereotypes of the elderly can lead to degrading
treatment, inequality and, sometimes, abuse.
Similarly, elderly persons’ right to participation is sometimes threatened due to
prevailing negative images societies hold of the aged. The aged are often not given the
same opportunities as others to be productive members of society. Governments are
obliged to aid in creating a more positive image of the abilities and strengths of older
populations as well as solid opportunities for elderly people to participate in the ongoing
creation of their societies.
The elderly’s right to be free from torture or cruel, inhuman or degrading
treatment is also often threatened. People sometimes take advantage of the
vulnerability of elderly persons. People in old age, particularly older women, are often
victims of neglect and physical and psychological abuse. Additionally, elderly refugees
during humanitarian crises often fall victim to the torture and abuse that is sometimes
inflicted upon civilian populations.
Who is most at risk for having their rights, as elderly persons, violated?
Elderly women are at the greatest risk for having their rights violated. In general,
women are historically more vulnerable toward violence due to their traditionally
subordinate position in most cultures. Coupled with the negative image many cultures
hold of elderly people, being a woman can make one particularly susceptible to violence
and abuse. Considering that 55 percent of older persons are women and that, in the
oldest old category 65 percent are women, special consideration must be given to the
effect of sex on the likelihood of rights violation and abuse.



[Back to Top]

International and Regional Instruments for Protection and Promotion
International legal instruments take the form of a treaty (also called agreement,
convention, or protocol) that binds the contracting states to the negotiated terms.
When negotiations are completed, the text of a treaty is established as authentic and
definitive and is "signed" by the representatives of states. A state can agree to be
bound to a treaty in various ways. The most common are ratification or accession. A
new treaty is ratified by those states that have negotiated the instrument. A state that
has not participated in the negotiations may, at a later stage, accede to the treaty. The
treaty enters into force, or becomes valid, when a pre-determined number of states
have ratified or acceded to the treaty.
When a state ratifies or accedes to a treaty, that state may make reservations to one
or more articles of the treaty, unless reservations are prohibited by the treaty.
Reservations may normally be withdrawn at any time. In some countries, international
treaties take precedence over national law; in others a specific law may be required to
give a ratified international treaty the force of a national law. Practically all states that
have ratified or acceded to an international treaty must issue decrees, change existing
laws, or introduce new legislation in order for the treaty to be fully effective on the
national territory.
The binding treaties can be used to force governments to respect the treaty provisions
that are relevant for the human rights of the elderly. The non-binding
instruments, such as declarations and resolutions, can be used in relevant situations to
embarrass governments by negative public exposure; governments who care about
their international image may consequently adapt their policies.
The following are the international treaties, declarations and commitments that
determine standards for the protection of the rights of elderly persons:

UNITED NATIONS
Charter of the United Nations (1945) (article 55)
Article 55 of the Charter pledges member states of the United Nations to promote
higher standards of living for all people, social and economic progress, international
cooperation on social issues including health and education and universal respect for
human rights regardless of individual background or characteristics.
Universal Declaration of Human Rights (1948) (article 3, 22, 25, 27)
The Universal Declaration asserts that everyone has the right to life, liberty and
security of person. Furthermore, everyone is entitled to social security and the
realization of any economic, social and cultural rights that are essential to that
individual’s dignity and personality development. Everyone should have the opportunity
to participate in cultural activities in their community and share in the benefits of the
arts and sciences. Finally, everyone is entitled to a standard of living adequate for one’s
health and well-being including food, clothing, housing and medical care as well as any
needed social services provided by the governments of nation-states. Most important to
elderly persons, in the event of unemployment, sickness, disability, widowhood or old
age, one has the right to security due to circumstances beyond one’s control.
Convention Relating to the Status of Refugees (1951) (article 24)
This convention establishes that states shall treat refugees lawfully abiding in their
territory with the same respect for rights as other nationals including providing for a
refugee’s social security in the event of sickness, disability or old age. As elderly
refugees can face very specific challenges from other refugees, this article is
particularly applicable to them and their legal rights.
International Covenant on Economic, Social and Cultural Rights (1966) (article 9, 11,
12)
This treaty reiterates the right of everyone to social security. Additionally, all people
are entitled to an adequate standard of living, including food, clothing and housing.
Going further than the Universal Declaration of Human Rights, the International
Covenant also guarantees everyone the right to continuous improvement of living
conditions. This can be interpreted to mean that governments should be continuously
work toward improving the living conditions of all people, including those under the
care of the state, for example, some aged persons.
Declaration on the Rights of Disabled Persons (1975) (article 5, 9, 10, 12)
This declaration defines the status of disabled persons. As some elderly persons often
suffer from various types of disabilities, the rules established in this declaration are also
applicable to them. Disabled people are entitled to all measures designed to assist
them in becoming as self-reliant as possible. If a disabled person must stay in an
institution for assistance, that individual is entitled to living conditions that come as
close as possible to those of other people of the same age. Disabled persons are
protected from exploitation and abuse. Organizations of disabled persons are to play a
useful consulting role in any issue regarding the rights of the disabled.
ILO Recommendation No. 162 concerning Older Workers (1980) (section II, paragraph
5(g))
This recommendation states that older workers must enjoy equality of opportunity and
treatment with other workers without age discrimination, including access to housing,
social services and health institutions, particularly when this access is related to
occupational activity or employment.
Declaration on the Elimination of Violence Against Women (1993)
This document’s focus is on violence against women as both a violation of their rights
and as an obstacle to achieving equality. It outlines the types of violence often
committed against women and brings special attention to groups of women that are
particularly vulnerable, including elderly women.

[Back to Top]

AFRICAN UNION (FORMERLY ORGANIZATION OF AFRICAN UNITY, OAU)
African Charter on Human and Peoples’ Rights (1981) (article 18)
The first charter of the African Union dealing with human rights recognizes the basic,
specific right of aged and/or disabled persons to special measures of protection and
security according to their needs, both physical and moral.

COUNCIL OF EUROPE
European Social Charter (1961) (article 11, 12, 13, 14)
This charter indirectly clarifies rights that are applicable to the situations of many
elderly people: the need for a system of social security and medical care. European
states are obligated under this charter to eradicate, as far as science will currently
allow, the sources and conditions of ill-health as well as prevent the spread of disease.
They are also committed to developing systems of social security for those who lack the
resources to provide for their own security. Those individuals are also entitled to
receiving appropriate medical care for when their condition necessitates it.
Recommendation R(87)22 on the screening and surveillance of elderly persons(1987)
Screening and surveillance of elderly persons should be conducted in order to prolong
life of a high quality, “improve subjective well-being,” enhance the ability of elderly
persons to function socially and prevent and lessen the impact of diseases. Hence, this
recommendation suggests that member states should develop facilities for screening
and surveillance of the elderly and motivate the elderly to attend these screenings.
Additionally, all health staff involved with these facilities should receive training in
geriatric medicine and gerontology. Finally, the collection of relevant data is
encouraged so that these facilities will become more effective in the future.
Recommendation R(94)9 Social Cohesion and Quality of Life (1994) (including
appendix)
This recommendation was developed due to concern over the increasing numbers of
elderly persons in Europe and their tendency toward social exclusion, particularly the
exclusion of elderly women, due to the fact that they tend to outlive men by several
years. This recommendation is extremely short. However, the Appendix provides
guiding principles for member states to follow when developing policies concerning the
welfare of elderly people. The recommendation recognizes that the majority of elderly
people actually live their lives autonomously and are, “in principle not more dependent
than the population as a whole.” It also recognizes the value of elderly people to the
general population, particularly younger generations. It recognizes the right of elderly
persons to continue to live a high quality of life and to live securely. The elderly should
also be enabled to live as autonomously as possible and continue to make their own
choices. Elderly individuals should be able to participate fully in their society and have
the resources to enable them to do that. Governments should work to prevent the
social exclusion of the elderly. Information on issues pertinent to the elderly should be
readily available to them as well as other individuals in their networks of security.
Recommendation 1254 on the medical and welfare rights of the elderly: ethics and
policies (1994)
This recommendation was composed due to the concern that traditional rules and
systems of social welfare are at risk of being dismantled because of the financial
considerations of prominent lobbies in governments: scientific, medical and economic.
Because of the aging of much of Europe’s population, this is of particular concern. For
central and eastern European countries, it is recommended that short-term measures
are taken to secure the welfare of elderly persons due to the often unstable political
and economic situations in many states of the region. The recommendation suggests
that states in this region of Europe guarantee minimum incomes that will provide for
the security of the elderly population. Additionally, eastern European governments are
advised to prevent the deterioration of the public health system and provide for
affordable medical care for the aged, provide for local services for the elderly and hone
the effectiveness of existing social programs for this population. As to Western Europe,
the recommendation suggests member states develop an employment and labor policy
to carve out a new nook in society for the participation of the elderly, draw up a solid
retirement and pensions policy, control public healthcare costs and increase local
services for the elderly.
Additional Protocol to the European Social Charter (1998) (part II, article 4)
Every elderly person is entitled to social protection. Elderly persons should be enabled
to remain full participants and contributors to society for as long as possible. They
should have ready access to services and resources to make this possible. Elderly
persons should retain the right to live freely and retain their independence for as long
as they desire or are capable of doing. They should also have access to suitable
housing for their needs as well as access to health care. Those aged persons who are
institutionalized should be guaranteed any necessary support, but should also have
access to privacy and have the right to contribute to decision-making in the institutions
in which they are staying.
Recommendation 1428 on the future of senior citizens: protection, participation and
promotion (1999)
This recommendation was developed after the United Nations declared 1999 the
“International Year of Older Persons.” It also recognizes the development of the Group
of Specialists on Optimising the Living Conditions of Elderly Dependent People within
the Council of Europe. A couple of heretofore unmentioned concerns about the elderly
include those older persons living in rural areas and the extreme disparities between
their living conditions. The recommendation also encourages research to be done on
the elderly at the national level so that programs can be tailored to the unique
challenges of older persons in certain geographical locations. Additionally, it encourages
states and local governments to develop new measures for the protection, increased
societal participation and creation of a more positive image for the elderly.

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EUROPEAN UNION
Charter of Fundamental Rights of the European Union (2000) (article 25, 34, 35)
This recent charter recognizes the right of the elderly to live in an independent and
respectable manner and be active participants in social and cultural life of member
states. In the event of old age, individuals are also secured the right to social security
benefits as well as social services. Additionally, those who lack sufficient resources are
entitled to decent housing. Everyone is entitled to preventative healthcare and medical
treatment as provided for by national law.


LEAGUE OF ARAB STATES
Arab Charter on Human Rights (1994) (article 30, 38)
Every citizen of states in the League has the right to comprehensive social security.
Although detail is lacking on rules of implementation for member states, the charter
recognizes that member states will also provide care for the aged.
The Cairo Declaration on Human Rights in Islam (1990) (article 17, 18)
This declaration deals with the basic concerns of many elderly persons and their
advocates: security and the means of providing for their basic needs. Everyone has the
right to health and medical care within the capability of each state. Everyone has the
right to live in security. All are entitled to a means of making a living that will enable
each person to provide for food, clothing, medical care and any other basic need.


ORGANIZATION OF AMERICAN STATES (OAS)
American Declaration of the Rights and Duties of Man (1948) (article 11, 16)
This declaration states that all people have the right to be able to maintain their
standard of health within the resources of the community or state. Additionally, in the
event of old age, one is entitled to social security in order to maintain an adequate
standard of living.
American Convention on Human Rights (1969) (article 5, 6)
This convention establishes that everyone has the right to humane treatment, which is
important, as the elderly are often victims of neglect and abuse.
Additional Protocol to the American Convention on Human Rights in the Area of
Economic, Social and Cultural Rights (1988) (article 9, 10, 11, 12, 17, 18)
Similar to the American Declaration of the Rights and Duties of Man, the this protocol
establishes that, in the event of old age, one is entitled to social security in order to
maintain an adequate standard of living. Additionally, if this individual is to die, and has
dependents, the dependents will receive social security benefits at the time of the
individual’s death. Article 17 specifically states that special protection is an entitlement
of persons of old age. Elderly persons who cannot provide themselves have the right to
acceptable facilities, food and medical care. Also, elderly persons actually have the
right, according to this document, to participate in work programs that allow individuals
to participate in productive work consistent with their needs and wants. Member states
are, furthermore, obligated to aid in the establishment of social organizations created
in order to improve the lives of elderly persons.
Inter-American Convention on the Prevention, Punishment and Eradication of Violence
Against Women (1994)
This convention declares that all women have the right to be free from violence and
discrimination in all of its forms, which includes elderly women, who are particularly
susceptible to violence.

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National Assistance, Protection and Service Agencies
Much is currently being done on an international level to prepare for the ensuing crisis
of our world’s aging population. It is widely recognized that the elderly are often
victims of discrimination and abuse and that their unique needs are often not
sufficiently met by their governments and communities. Additionally, societies have still
not clearly established a new, more active role for our world’s elderly citizens in
creating culture and community, nor have many programs been developed to enable
the elderly to more actively participate in society.
In fact, most of what has been accomplished in protecting the rights of the elderly has
been done, thus far, in an intergovernmental international or regional setting. Many
governments of nation-states, unfortunately, are experiencing serious crises in
implementing or maintaining protection programs for their elderly citizenry. For
example, currently, in the United States, the social security system is at risk of being
overhauled and privatized, or, some fear, eventually dismantled. Additionally,
Medicare, a healthcare system for people ages 65 and older, sometimes does not
sufficiently cover the healthcare costs of those elderly people who are indigent, nor
does it cover the cost of prescription medications. Furthermore, the cost of these
medications is rapidly rising. Many elderly citizens, unable to afford their medications,
will skip doses. Some of these medications are necessary to the survival of these
individuals.
Even in countries that have well-established universal healthcare systems, like Canada
and most European countries, rising healthcare costs have caused governments to
make cutbacks in services offered to their citizens. Also, these governments have an
interest in keeping the prices of prescription drugs down primarily because they cover
the majority of the cost of these drugs. Therefore, new medicines that could be
beneficial to citizens often are delayed in their entrance into the market because of
negotiations over costs between drug companies and governments. Furthermore, the
wait for nonessential surgeries and medical procedures can be years in some countries
with universal healthcare.
Regardless of these problems, there are many national nongovernmental organizations
that perform advocacy and policy-related work for elderly individuals. In 1989 the
World Medical Association adopted the Declaration of Hong Kong on the Abuse of the
Elderly. This declaration assesses the abuse of the elderly against their frequent
background of dependency on others for assistance and their and tendency toward
pathological problems, motor disturbances, psychic and orientation disorders. The
World Medical Association, therefore, establishes that the elderly have the same rights
to care and welfare as all other human beings. Physicians have a responsibility to
prevent the abuse of their elderly patients. They also are obliged to report suspected
cases of physical and psychological abuse to the proper local authorities. Additionally,
in order to ensure the protection of the elderly, they should be able to freely exercise
their right to choose their own physician.


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Advocacy, Educational and Training Materials
For advocates
Rights and Freedoms for All Ages (Quebec Commission on Human and Children's
Rights)
This extensive online training module offers general information about human rights as
well as the rights of the elderly.