Abstrakt
The objective of this paper is to analyse the current international legal framework applicable to older persons in the context of the case law of the European Court of Human Rights (ECtHR) and evaluate whether it is sufficient for the purposes of the protection of their human rights. The author will first elaborate on the definition of older persons based on the text of the European Convention on Human Rights (ECHR) with the goal of elucidating the primary research question.
Next, the article will discuss the human rights of the elderly under the ECHR. Lastly, the manuscript will disclose the legal standing of older persons in proceedings before the ECtHR to include their special needs; as well as, their vulnerability.
The issue of whether the ECHR standards on the protection of older persons' rights are already sufficient or if there is a need to adopt a special treaty on the subject within the Council of Europe (CoE) will be highlighted in the Conclusions.