Care Home and Elderly People

Care Home and Elderly People

Introduction

The elderly and those with disabilities require some attention and constant care. There is growing concern from all areas to try to promote the welfare of these people considering that their circumstances are in a particularly vulnerable situation.

Article 10.1 of our Constitution provides that "the dignity of the person, the inviolable rights which are inherent, the free development of personality, respect for the law and the rights of others are the foundation of political order and social peace". For its part, Article 15 states that "everyone has the right to life and physical and moral integrity ..." and also Articles 49 and 50 establish, within the framework of the guiding principles of social and economic policy, provisions for that public authorities promote the welfare of disabled people and the seniors.

Reason for Choosing Strategy

From various sectors has shown that there are numerous cases of inadequate care and even elderly abuse. Regarding the number of older people suffering from any kind of abuse, the reality is very imprecise quantitative and worryingly, there are few studies about it, almost all Anglo-Saxon world are quite imprecise and even contradictory, but it seems that about 5-8% of the elderly suffer from some form of abuse, this percentage according to other observers can reach multiplied by three or four (Holmen, et. al., 2012). In the context of our criminal law there are some scenarios which take into account people who by age or their physical and / or mental inability to find care for their own livelihood.

Legally Protected, Active and Passive Subjects

The legally protected by this lack is health, physical, moral and dignity of the person who is under the jurisdiction of another. The perpetrator can be anyone, but it must be someone who is the guarantor in respect of the taxpayer, may be for example a family member, guardian, manager or employee of a health facility or a nursing home, a medical, social educator or teacher. Regarding the requirement, we used the formula disjunctive "or" therefore need not attend both qualities simultaneously, although nothing prevents it. Regarding age, you cannot set a specific age after which it must be understood that concurs that budget, but obviously be taken into account in social applications is understood as "elderly".

As for the term disabled, we must understand as a person who has a disability, not in the broader sense incapacitated person considering quitting assist those unable and ...