In the year 2014, the Department de Justice contacted the Consell, in an attempt to implement a program dedicated to dealing with the legal problems of older people. , without much success so far, among other issues because of the difficulty (in the absence of specific and severe legislation) of being able to detach from other specialties, because for the same reasons its scope is not clear and because it was not an autonomous turn nor not remunerated. However, it seems that it is intended to give a new impetus to this project.
In other autonomous communities, municipalities and local entities have been developing different regulations in this regard, given the general need for this situation not regulated or sufficiently contemplated by the legislation of a state nature. But it is still a scattered, unequal and insufficient regulation.
Following the background, in those distant days, I made a presentation that I think summarizes a starting point on the subject. So I take what I said here, synthesizing, changing some things and eliminating many more that are not relevant. He said:
All human rights, at least from the point of view of the Western world and culture, and with them what we would call positive law (evidently inspired by these fundamental and natural norms), that is, civil law, criminal law, administrative law, labor law … have as a basis and objective that human beings enjoy a satisfactory life, dignified and with the best possible quality from birth to death. A death that we wish – and our society and its legislation so provide – will take place as late and as decorously as possible.
It is, therefore, a very natural and human aspiration to want to live as long as possible. And we only live the maximum time if we reach old age. This natural aspiration counts, without a doubt, with total unanimity in all the estates of our society (from politicians, philosophers, professionals … to what is called the street people), although the mechanisms of self-defense are known that make us not think let us not reflect too much on old age or death.
So if all societies try to ensure a long and dignified life for the men and women who make them up, they must also strive to achieve dignity in old age, a stage in which we have already poured most of our physical contributions, intellectual and emotional in our environment, in the society in which we live and in the beings that support us.
In the search for this ideology (a long, full and dignified life), societies, through their legislation and the legal system, try to protect the most volatile and weak human segments. Hence the origin, for example, of the particular law on minors, both as victims of abuse and as delinquents (who, because they are minors, must also be considered as victims) or on gender violence, protection of minorities, or special situations. Of exploitation or necessity (immigration, work, slavery or pseudo-slavery, etc.).
Paradoxically, one of the most volatile segments of society (and more so in a community based fundamentally on competitiveness, social utility, and production), which is old age, has no special treatment in our country that is far-reaching. And that this is a reality and a need, which is not an elucubration or hypothesis, but a real and serious problem that occurs in our daily lives, that is hidden and rediscovered every day, is demonstrated by the fact that various disciplines and professions of an obvious insertion, influence, and social importance, have grouped and worried about the problem, putting it on the table. This is the most effective way to find and find solutions.
From a legal point of view, we do not hide the tremendous complexity of legislating, of creating specific regulations that prevent cases of physical and mental abuse against the elderly. Difficulties, because it is an invisible problem, because they occur within families, in people totally fickle and dependent, without strength or voice, or any possibility of avoiding the mistreatment that they suffer, which occurs in all classes and social classes ( although more in the most disadvantaged classes), and that involves a lack of social awareness very important. But we must be optimistic and remember that other situations theoretically invisible, long hidden and even accepted socially, that was also produced within the same family institution (abuse of children, women …), What could be these solutions, solutions that would be complicated and slow was one of the challenges and aspirations of these Days (and unfortunately they still are today). And so it was thought, as a working tool, as a procedure, in a Protocol , as the best way to detect the problem, reconsider on it from all possible areas, work together and find solutions following the example of the Protocols for Minors and VIDEO, which have proven effective and have paid off. A Protocol should, therefore, be created for cases of mistreatment of the elderly.
This protocol was not going to exclude anyone, and along with the professional associations, there was the Judiciary, the Public Prosecutor’s Office, the security forces, civic organizations, among others. But in what sectional area? Despite all aspiration to defend human rights (and to be able to have a dignified old age is an fundamental right), must have a finalist character of the universal trend, practice, reality, forces us to start at home.
However, the alleged Protocol never came to light, at least in the way that, from our good faith, and better hope, the Professional Colleges aspired to achieve. We’ll see if now it can be made.
But to continue talking about it, first of all, we should be able to agree with the name that we give to this specific right, to this specialized lawyer, such as a family lawyer Parramatta. I imagined it, with more or less fantasy, in other languages.…