The constitutional protection of the elderly persons as a foundation of legal gerontology
Álvaro Rey Vieites, Julio I. Iglesias Redondo, Isabel Espín Alba, José Manuel Mayán Santos

SUMMARY

  Elderly persons constitute a group that can be put under situations of abuse, harassment and violation of their basic rights. It is necessary to establish a legal frame for the protection of the elderly. We should first take note of the 1978 Spanish Constitution, as the primary rule of our legal order. In the constitutional text there are no specific mentions destined to the elderly, except in article 50. However, we found the delimitation of the rights and fundamental duties of the person that will condition the necessary legal development of a protection system adapted to the elderly persons. Article 50 of our Magna Carta establishes guarantees of economic sufficiency and system of social services. These instruments have to be developed by the legislator to offer the elderly a system of legal protection that covers all fields.

KEY WORDS

Constitution, elderly persons, legal protection.

Vol. 14 nº2-2003