The rights of the disabled elderly people are a recent conquest of the legal culture. The elderly and the disabled were considered for the first time in the Universal Declaration of Human Rights of 1948 and the first National Constitution that has devoted attention to them is the Italian Constitution of 1947. The European Social Charter of 1961 also contains an article about disability; for an article about elderly must, however, wait for the revised version of 1996 of the Charter. The most recent Charter of Fundamental Rights of the European Union (2000/2007) contains, in Title III, Equality, the rights of the child (Article 24), the rights of the elderly (Article 25) and the principle of Integration of persons with disabilities (Article 26). The rights of the disabled elderly people require a concrete realization, that depends on the organization of public services and performance and involve public spending. In a State with a division of powers, as a regional or a federal State, it is necessary to identify the level of government who have responsibility to rule rights; and you need to check on the consistency of the public services and benefits that make up the rights. The rights of the disabled elderly people are provided by separate actions of the State and the Regions. In particular, the Regions are responsible for ensuring the health and social services based on different rules for each of the two services and with different funding: health services are defined by law and the regions have a fund that ensures the universality of the service; the definition of social services is left to the regions, which have limited quotas of state funding to integrate with their own financial resources.

The rights of disabled elderly people

Stelio Mangiameli
2014

Abstract

The rights of the disabled elderly people are a recent conquest of the legal culture. The elderly and the disabled were considered for the first time in the Universal Declaration of Human Rights of 1948 and the first National Constitution that has devoted attention to them is the Italian Constitution of 1947. The European Social Charter of 1961 also contains an article about disability; for an article about elderly must, however, wait for the revised version of 1996 of the Charter. The most recent Charter of Fundamental Rights of the European Union (2000/2007) contains, in Title III, Equality, the rights of the child (Article 24), the rights of the elderly (Article 25) and the principle of Integration of persons with disabilities (Article 26). The rights of the disabled elderly people require a concrete realization, that depends on the organization of public services and performance and involve public spending. In a State with a division of powers, as a regional or a federal State, it is necessary to identify the level of government who have responsibility to rule rights; and you need to check on the consistency of the public services and benefits that make up the rights. The rights of the disabled elderly people are provided by separate actions of the State and the Regions. In particular, the Regions are responsible for ensuring the health and social services based on different rules for each of the two services and with different funding: health services are defined by law and the regions have a fund that ensures the universality of the service; the definition of social services is left to the regions, which have limited quotas of state funding to integrate with their own financial resources.
2014
Istituto di Studi sui Sistemi Regionali Federali e sulle Autonomie - ISSIRFA
Rights of the disabled elderly people; Universal Declaration of Human Rights; Italian Constitution; Fundamental Rights of the European Union; Health and social services.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/20.500.14243/289919
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