Conventionality control and ageing

Old age best interest

Abstract

Ageing as a social phenomenon emerges as one of the most challenging themes for legal sciences, and specifically in relation to the protection of the rights and duties of the elderly. Observing the rights of the elderly and preventing and eradicating discrimination based on age are at the cornerstone of the human rights agenda.

In order to project the protection that the Inter-American system is pioneeringly implementing through the Inter-American Commission and the Inter-American Court of Human Rights, and within the framework of a new paradigm based on the human rights and gender perspective, the consideration and projection of the concept of old age best interest in its triple dimension: substantive right, constructive principle and procedural rule, is especially useful. In an analogous way to the considerations made in relation to other groups of diverse age condition, this constitutes an invaluable tool in order to project the protection and, ultimately, the abovementioned paradigm.

In addition to justify the concept of old age best interest, this paper includes proposals for the Inter-American and domestic spheres. Its purpose is to foster the effective protection of the rights of the elderly and their access to justice according to their vital condition.