
Set against the rapid aging of the world's population, Human Rights and the Care of Older People explores the potential for the rule against torture and ill-treatment in international human rights law to better protect older people from care-related mistreatment. The book's analysis is broadly relevant but is prompted by the widespread reports of older people's suffering due to lack of access to care and coercion in respect of care needs. This includes the deprivation of liberty for 'care'.While recognizing that a new United Nations Convention on the rights of older people is on the horizon, the book argues that there is a pressing need for older people and all human rights actors to use and progressively interpret the established right to freedom from torture and ill-treatment. As an interpretive lens, the book offers a conception of a dignity violation that may amount to prohibited ill-treatment and thus trigger states' positive obligations to protect, including through systemic prevention measures.This book is intended as a tool for advocacy and a call for critical awareness, highlighting the anti-torture norm's potential for more effective application and challenging current legal barriers to such effectiveness. Meant for readers worldwide, the book addresses the rule against torture and ill-treatment from international law, regional European, Inter-American, and African perspectives.This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Academic and offered as a free PDF download from OUP and selected open access locations.
This book investigates whether the international legal prohibition against torture and ill-treatment can be effectively applied to protect older individuals from systemic mistreatment and neglect in care settings. Maeve O'Rourke, a legal scholar, utilizes international human rights frameworks to argue that current protections are insufficient. She proposes a progressive interpretation of existing anti-torture norms to address dignity violations, coercion, and the deprivation of liberty often experienced by the elderly in institutional care.
What You Will Find
Scope Limits
Legal scholars and human rights advocates identify this work as a significant contribution to the evolving discourse on the rights of older persons. Readers frequently note the academic density of the prose, which serves as a rigorous resource for those seeking to bridge the gap between international law and practical advocacy in elder care.
Page Count:
288
Publication Date:
2024-01-01
Publisher:
Oxford University Press
ISBN-10:
0192859714
ISBN-13:
9780192859716
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