Legal Frameworks and Implementations

Legal Frameworks and Implementations

 ### Unit II: Legal Frameworks and Implementations (12 hours)

This unit covers the international and national legal frameworks related to ageing and their implementations. It also examines the status of older people and the social perception of ageing, with a particular focus on Nepal. Below is a detailed analysis of each section.

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### **A. International Conferences and Legal Frameworks**

1. **First World Assembly on Ageing (Vienna, 1982)**

   - The **First World Assembly on Ageing** was convened in Vienna in 1982, marking the first time the global community came together to address the ageing population. The assembly emphasized the need for international cooperation to ensure the well-being of older people, focusing on areas such as health, housing, and social welfare. The assembly adopted the **Vienna International Plan of Action on Ageing**, which laid down recommendations for enhancing the lives of older persons worldwide. 

   - This action plan encouraged countries to develop national policies focusing on ageing and integrate older persons into society, advocating for their health care and income security.

2. **United Nations Principles for Older Persons (1991)**

   - Adopted by the **UN General Assembly** in 1991, these principles outline five key areas where older persons should have rights:

     - **Independence**: Older persons should have access to income, healthcare, and work opportunities.

     - **Participation**: Older persons should remain integrated into society and participate in decision-making.

     - **Care**: Older persons should have access to social, legal, and healthcare services.

     - **Self-fulfillment**: They should be able to pursue personal growth.

     - **Dignity**: Their rights and freedoms should be respected.

   - These principles provided a framework for national governments to formulate policies aimed at improving the quality of life for older persons.

3. **Year of Older Persons (1999)**

   - The **United Nations International Year of Older Persons** was declared in 1999, bringing attention to the contributions and challenges of ageing populations. It aimed to promote awareness about the issues older adults face and called for a global focus on improving their quality of life.

4. **Second World Assembly on Ageing (Madrid, 2002) & Madrid International Plan of Action on Ageing (MIPAA)**

   - The **Second World Assembly on Ageing** took place in Madrid in 2002. It built upon the Vienna Plan of Action and launched the **Madrid International Plan of Action on Ageing (MIPAA)**, a comprehensive global policy framework aimed at addressing the challenges of an ageing population. MIPAA focused on three priority areas:

     - **Older persons and development**: Promoting the integration of older persons in society.

     - **Advancing health and well-being**: Improving access to healthcare and social services.

     - **Ensuring supportive environments**: Advocating for age-friendly housing and infrastructure.

   - MIPAA emphasized the importance of incorporating ageing into development policies, particularly in low- and middle-income countries.

5. **UN Resolution on the Rights of Older People (2011)**

   - In 2011, the **UN General Assembly** adopted a resolution calling for the recognition of the rights of older persons. It aimed to protect older adults from discrimination and violence and stressed the need for comprehensive legal protections at both national and international levels.

   - The resolution also called for governments to ensure that older persons have equal access to employment, social protection, and healthcare.

6. **Review of MIPAA (2012)**

   - The **MIPAA Review (2012)** assessed the progress made since the adoption of the Madrid Plan of Action. The review highlighted some of the achievements in implementing ageing-related policies but also pointed out the need for more robust efforts, particularly in addressing the vulnerabilities of older persons in developing countries.

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### **B. National Plans and Acts on Ageing in Nepal**

1. **National Action Plan for Senior Citizens (2006)**

   - Nepal's **National Action Plan for Senior Citizens (2006)** was formulated to address the growing needs of the elderly population in Nepal. It aligns with global frameworks such as MIPAA and aims to improve the well-being of older persons by enhancing their access to social services, health care, and legal protections.

   - The plan focuses on key areas such as:

     - Establishing old-age homes and day-care centers.

     - Providing healthcare services tailored to the needs of older people.

     - Supporting income-generating activities for senior citizens.

     - Promoting the participation of older persons in social and political life.

2. **Senior Citizens Act (2007) and Senior Citizens Regulation (2009)**

   - The **Senior Citizens Act (2007)** marked a significant legal step in protecting the rights and welfare of older people in Nepal. The act provides a legal framework for the establishment of care homes, social security measures (such as pensions), and special concessions for senior citizens.

   - The **Senior Citizens Regulation (2009)** builds upon the act, specifying the rights of older persons and outlining the responsibilities of the government in providing support and services. The regulation mandates that public transport and healthcare services offer discounts and prioritization for elderly individuals.

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### **C. Status of Older People in Nepal**

1. **Demographic Overview**

   - The elderly population in Nepal is growing due to an increase in life expectancy and a decline in fertility rates. According to **Ageing Nepal and CDPS (2012)**, older persons face several challenges, including limited access to healthcare, inadequate social protection, and dependence on family members for care. 

   - Nepal's socio-economic structure is still largely family-based, and elderly individuals often live with their children. However, this traditional support system is eroding due to migration, urbanization, and changing family dynamics.

2. **Challenges in Health and Social Care**

   - A joint study by **Ageing Nepal and CDPS (2012)** highlights that Nepal's healthcare infrastructure is not well-equipped to handle the specific needs of its ageing population. The study recommends piloting community-based care programs and improving access to geriatric services.

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### **D. Social Perception of Ageing in Nepal**

1. **Cultural Views on Ageing**

   - In Nepal, ageing is traditionally viewed as a respected stage of life. Older people are often seen as the custodians of cultural and religious values, and respect for elders is an integral part of societal norms.

   - However, **Uprety (2010)** and other studies indicate that this respect is not always accompanied by adequate social and economic support. Some elderly people face neglect, particularly as family structures change due to modernization and migration.

2. **Work and Dependency**

   - **Beall and Goldstein (1982)** examined the work and dependency of older Sherpas in Nepal, highlighting that older people continue to contribute to their households even as they age. However, with increasing economic pressures and migration of younger family members, many elderly individuals are left without sufficient support.

3. **Elderly Homes and Social Isolation**

   - According to **Acharya (2008)**, there has been a growing trend in the establishment of elderly homes in Nepal. While these homes provide necessary shelter and care, they often lead to the social isolation of older persons, who are separated from their families and communities. The study suggests that the rise of elderly homes reflects the changing social fabric of Nepalese society, where traditional family support structures are weakening.

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### Key Readings:

1. **International Frameworks**:

   - **UN (1982)**. Report of the world assembly on ageing, Vienna, 26 July to 6 August 1982.

   - **UN (2002)**. Political declaration and Madrid International Plan of Action and Ageing, Second World Assembly on Ageing, Madrid, Spain.

   - **UN Resolution on Rights of Older People (2011)**.

2. **National Plans and Acts**:

   - **Parker, S., & Pant, B. (2011)**. Longevity in Nepal: Health, policy and service provision challenges.

   - **Senior Citizens Act (2007)** and **Senior Citizens Regulation (2009)**.

3. **Status of Older People in Nepal**:

   - **Ageing Nepal and CDPS (2012)**. Health and social care needs assessment of elderly.

   - **Uprety, L.P. (2010)**. Effectiveness of non-contributory social pension in Nepal.

   - **Acharya, Pradeep (2008)**. Senior citizens and elderly homes: A survey from Kathmandu.

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This unit provides a comprehensive understanding of the legal frameworks and the status of older persons both globally and in Nepal. By studying the international conferences, national action plans, and acts related to ageing, students gain insights into how various policies shape the lives of older persons. Additionally, understanding the social perception of ageing in Nepal is essential for analyzing the cultural and structural challenges faced by older people in a rapidly changing society.