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Revista chilena de derecho
versión On-line ISSN 0718-3437
Resumen
KEMELMAJER DE CARLUCCI, AÍDA. LAS PERSONAS ANCIANAS EN LA JURISPRUDENCIA ARGENTINA: ¿HACIA UN DERECHO DE LA ANCIANIDAD?. Rev. chil. derecho [online]. 2006, vol.33, n.1, pp.37-68. ISSN 0718-3437. http://dx.doi.org/10.4067/S0718-34372006000100004.
Aging should not be analyzed as a mere biological process. By the contrary, it must be dealt with within the broader context of public policies and legislation. In this sense, the author assumes the existence of an ethic and a law which are specific to the elderly people. She provides global data and an overview of the judges' way to deal with the elderly in the framework of Argentinean Law. The fact that the population at large is increasingly older in most countries of the world brings about the need to protect them within their respective societies. The law must find them the place where they belong to, a place which they deserve due to both their dignity and their skills. Lawmakers and judges still have a lot to do because, even though the international legal sources have come to include some norms. These latter are said to be over flexible and programmatic and there is little hope for them to be turned into national law
Palabras clave : Elder law; Human Rights; elderly people; Argentinean caselaw; Bioethics.