Legal challenges faced by elderly persons : the Maltese context

Abstract

In recent years, there has been a growing awareness regarding the challenges elderly persons face within society. With an ageing society, it is necessary to acknowledge the protection that elderly individuals require to live an independent and active lifestyle. The protection of elderly persons is a vital matter within international human rights law and within the Maltese legal system. Key elements relating to this protection are; the safeguarding of these fundamental rights and the raising of awareness of the harm elderly persons encounter due to their vulnerable status. This dissertation portrays the limitation within international law of not providing the necessary legal attention to the rights of elderly individuals. It is argued that although diverse conventions refer to elderly persons’ rights, the international sphere lacks a specific binding international instrument addressing elderly persons’ rights and interests. Analysis of the Maltese legal system is conducted within this dissertation to portray the protection elderly persons are afforded through Malta’s Legislative Acts. The Commissioner for Older Persons Act provides for the raising of awareness regarding abuse towards elderly persons and promotes their best interests. Chapters 2 and 4 of this dissertation explore what measures are adopted within Maltese legislation to suppress the violations which elderly persons face within society. The Maltese legal system has amended its Criminal Code to implement provisions sanctioning any abuse exerted upon the elderly. Moreover, the Maltese Civil Code provides for the possibility of a guardianship order as an alternative to interdiction or incapacitation of individuals. Chapter 4 goes on to consider the topic relating to the need for adequate access to the justice system by elderly individuals. It then discusses the ‘Protection of Adults in Situations of Vulnerability’ Bill, which is extremely relevant to the objectives of this dissertation and for the protection of elderly individuals in vulnerable circumstances.