THE RIGHT OF OLDER ADULTS TO A DIGNIFIED OLD AGE
The right to life encompasses not only existence but also its quality. Older adults have the right to a dignified old age, meaning they are entitled to live in conditions of well-being, free from fear, neglect, and violence until the end of their lives.
Practical Example:
An elderly person living alone without sufficient income may access social assistance programs, such as pensions and subsidies, ensuring their economic well-being.
The Bolivian Constitution guarantees all older adults the right to a dignified life, marked by quality and human warmth. Additionally, the Inter-American Convention obligates the State to implement measures ensuring this right.
RIGHT TO PERSONAL LIBERTY AND SECURITY
Older persons have the right to liberty and personal security. Their age cannot be used as justification to restrict their decisions or impose arbitrary measures.
Practical Example:
An elderly person wishing to manage their own property cannot be deprived of this right without a justified legal cause and their informed consent.
Applicable Jurisprudence:
In I.V. v. Bolivia, the Inter-American Court of Human Rights affirmed that personal liberty includes the freedom to organize one’s life according to personal values and convictions.
RIGHT TO INDEPENDENCE AND AUTONOMY OF WILL
Older adults are entitled to make decisions about their lives without undue pressure, including matters such as property administration and choice of residence.
Practical Example:
An older adult who chooses to live independently or with family cannot be forced into an assisted living facility against their will.
Legal Protection:
Authorities must ensure that any decisions affecting an older adult are made with their informed consent and free from third-party coercion.
RIGHT TO A LIFE FREE FROM VIOLENCE
Every older person has the right to live free from violence, abuse, or mistreatment—whether within the family or in public or private institutions.
Practical Example:
If an elderly person suffers physical or psychological abuse by family members, they can report it and receive immediate state protection.
Legal Regulation:
The Inter-American Convention mandates that States take measures to prevent, investigate, and penalize any act of violence against older persons.
RIGHT TO LONG-TERM CARE SERVICES
This right ensures access to comprehensive care systems, including healthcare, nutrition, clothing, and housing, with a preference for allowing the person to remain in their home.
Practical Example:
An elderly person with a disability requiring medical assistance and daily living support is entitled to receive in-home care or access to assisted living, based on their preference.
State Obligations:
Care services must be provided under standards that respect the dignity of the elderly, ensuring their independence and well-being.
SPECIAL PROTECTION IN THE JUSTICE SYSTEM
When an older adult is involved in a legal process, special measures must be taken to ensure their access to justice, including preferential treatment and expedited proceedings.
Practical Example:
If an elderly person files a legal claim through a representative due to health issues, the authorities must confirm the claim was submitted with their consent and without undue influence.
The Plurinational Constitutional Court of Bolivia has held that older adults in vulnerable situations are entitled to enhanced protection of their rights.
CONCLUSION
Respecting and safeguarding the rights of older adults is essential in Bolivia. From the right to a dignified old age to protection from violence, both national and international legal frameworks establish concrete measures to uphold their rights. If you need legal assistance or support in defending the rights of an elderly person, our law firm is here to provide expert guidance and representation.
If you require legal advice on matters concerning the rights of older adults in Bolivia, contact one of our specialized attorneys today. We are here to help.
Frequently Asked Questions (FAQs)
How can I report abuse against an older adult?
Reports can be filed with the Ombudsman’s Office, the Police, or the Public Prosecutor’s Office. You may also seek assistance from a lawyer for legal guidance.
Can an older adult choose to live alone even if their family disagrees?
Yes. As long as they have decision-making capacity, they have the right to choose where and with whom they live.
Are there financial assistance programs for older adults in Bolivia?
Yes. The Bolivian government provides programs such as the Renta Dignidad and other social benefits to ensure their economic well-being.
What can be done if an older adult is deprived of their property?
A legal complaint should be filed before a judicial authority to reverse any unlawful action and protect the person’s assets.
Do older adults have the right to free legal counsel?
Yes. In Bolivia, there are free legal aid services for vulnerable individuals, including older adults.
The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.
