Julio-Diciembre 2023

Interacción y Perspectiva Dep. Legal pp 201002Z43506

Revista de Trabajo Social ISSN 2244-808X

Vol. 13 N

o

Julio-diciembre

a las características de la regulación jurídica. El propósito del trabajo presentado es

encontrar soluciones jurídicas exitosas a los problemas de protección de la salud de las

personas mayores y crear un marco integral de regulación jurídica de la protección de

salud de esta categoría de personas y se demuestra el papel y la importancia de las

normas jurídicas internacionales pertinentes. Se subraya el carácter declarativo y

ambiguo de la actual regulación normativa internacional y se sugieren vías para su

mejora. En particular, los autores concluyen que, con el desarrollo de los mecanismos

de desarrollo sostenible, habrá más mecanismos de ámbito internacional que regulen la

protección de los derechos de las personas mayores. Esto garantizará la armonización

de las legislaciones nacionales y la adopción de normas universales, próximas a las

Recibido: 10/01/2023 Aceptado: 15/03/2023

* El trabajo de investigación se llevó a cabo en el marco de la tarea estatal para 2023 "Transformación del

derecho privado y público en el contexto de un individuo, una sociedad y un Estado en evolución" (Nº 0851-

20200033).

https://orcid.org/0000-0003-0459-075X. E-mail: agarkov@mail.ru

The article examines the international experience of the legal protection of the health of

the elderly. The problem of maintaining and preserving the health of older persons, who

represent a growing part of the world's population, is becoming increasingly urgent but

of current international normative regulation is emphasized and the ways of its

improvement are suggested. In particular, the authors conclude that with the

development of sustainable development mechanisms, there will be more international-

level mechanisms to regulate the protection of the rights of older people. This will ensure

the harmonization of national legislation and the adoption of universal standards, close

to those available in advanced countries in this field, along with supranational control.

The development of international mechanisms should be particularly directed toward the

possibility of holding violating states accountable through specialized socio-legal

institutions and regulatory mechanisms.

and, accordingly, in the proportion of the elderly population. As predicted in the Report

of the UN Secretary-General of July 22, 2011, by 2050 the elderly population, which now

refers to all people over the age of 60, will become the most numerous categories,

exceeding the population of children, and the number of 80-year-old people will exceed

396 million people (United Nations Secretary General, 2011). Therefore, it is only natural

that the world community will face serious challenges in the foreseeable future to

address the many problems that come with life in old age.

older people as a special category in need of legal protection, begins in the 1980s. The

Vienna International Plan of Action on Aging (adopted in Vienna on August 5, 1982)

(World Assembly on Aging, 1982) identifies health, nutrition, housing, family

of special medical care for elderly people in need, as well as knowledge of its specifics.

These were the heads of departments of ministries and departments of social protection

and health in three regions of central Russia who agreed to answer the prepared

important document in the area of health rights of older persons is the 18 Principles for

Older Persons adopted by the UN General Assembly in Resolution 46/91 on December

the motto "Make the full life of the elderly people". At least two of these principles directly

the right of older people to decent treatment in medical facilities, and the principle of

independence, which provides the accessibility of all social benefits, including medical

services, to seniors. With all their undeniable merits, the principles do not constitute a

Among international documents at the regional level, of note is the Inter-American

Convention on protecting the human rights of older persons adopted by the Organization

of American States (2015). This Convention is the first international treaty entirely

The right of senior citizens to health protection is also enshrined at the national level

in state laws. One of the first countries to develop legislative norms to protect the rights

of the elderly, including the protection of health, was the United States. In 1965, the

sponsorship funds, and commercial basis. For persons wishing to take advantage of

commercial treatment services, the law provides for various subsidies and benefits

financed by the state. For persons residing in nursing homes, specialized boarding

houses, etc., the necessary medical services are provided at the place of residence, and

payment for them is made by way of deduction from pension with provision of subsidies.

Paid and subsidized health care thus provides high-quality services at a relatively low

cost to the elderly.

In Japan, the Health and Medical Services Act for the Aged, in effect since 1983,

governs the comprehensive and integrated implementation of health care measures,

ranging from disease prevention to medical care and subspecialty care and specialized

education. The provisions of the Act provide for the possibility of changes in care for the

citizens in the country, and the establishment of a deduction for medical expenses for

seniors that is fair to all Japanese citizens (Grigoreva, 2007). This law also specified

necessary changes in medical training, including the provision of special medical training

There are examples of countries where, even in the absence of specialized legislation

at the national level, the health care system is well organized. In Great Britain, where

are on leave. Many geriatric hospitals have day clinics, the main purpose of which is to

provide medical treatment and social assistance to the elderly after discharge from

hospitals.

Regrettably, the aforementioned level of health care for the elderly is not yet

available to the majority of older people in Russia. For those elderly people who cannot

receive medical care at home in Russia, there is a network of nursing homes and similar

institutions, of which 90% are publicly funded and the rest are commercial. Up to 75%

of a Russian pensioner's pension is deducted for accommodation, treatment, and health

maintenance activities (Victoria. A network of boarding houses for the elderly, 2020).

Given the current size of the average pension of Russians, we cannot speak of an

acceptable range and quality of services rendered in the above institutions in general,

including special medical services.

seniors are provided based on Russian legislation on health care, that is, on a general

basis. Before 2012, such services were provided at home (medical visits and other

services noted above) based on Federal Law No. 122-FZ of August 2, 1995, On Social

hospitals and departments in the general healthcare system function in less than half of

the constituent entities of the Russian Federation (Med Advisor, n.d.). Only a few dozen

doctors and several hundred other geriatric medical personnel are trained annually in

medical education institutions. The geographic size of Russia and the number of its

Based on the survey results, the conclusion is that most experts see a legal solution

to the health problems of older persons primarily at the international level.

The table below presents the results of the comparative analysis of the features of

the realization of older persons' right to health care.