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Title: The case for special protection for older people in international law
Author: Quinn-Butler, Rosalind M.
ISNI:       0000 0004 7425 5313
Awarding Body: Swansea University
Current Institution: Swansea University
Date of Award: 2018
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The thesis makes the case for special protection of older people in international human rights law. This begins with an approach to human rights combining concepts of Human Dignity and Vulnerability. An interdependent relationship is identified, promoting grounds for both to underpin human rights. From this, a vulnerability framework is devised directing findings of research into the “vulnerability position” of older people, and examination of existing international rights. The overarching theme is the fulfilment of interests of older people in human rights. Such interests are examined using principles of Interest Theory. Research method into threats to dignity and related vulnerabilities comprises Theories of Ageing and lived experiences. The findings assist in identification of older people as a vulnerable group, predominantly by reference to academic literature, standards defined by the European Court of Human Rights, and the vulnerabilities framework. The central hypothesis is the potential inadequacy of the existing international framework of human rights to protect the inherent dignity and vulnerable position of older people. Existing international human rights are examined from normative and implementation perspectives. Normative results are discussed and recorded in relation to the vulnerability framework. These results are also employed, using a modified version of the Capabilities Approach, to create a unique listing of Fundamental Capabilities to underpin normative content and capabilities outcomes. Aimed at fulfilling interests of older people in human rights, the listing grounds the examination of implementation of the existing rights construct, and directs indicators of special protection rights. The outcome of all research proves a need for special protection of older people in international human rights. Therefore, progress by the UN OEWG1 is surveyed; the result demonstrating a preference for improved implementation of the existing international framework. To date, the position of older people in international human rights has stagnated in OEWG discussions.
Supervisor: Hoffman, Simon P. ; Williams, Jane M. Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral