The realization of the right to health of older persons 2011, para. 67
Paragraph- Paragraph text
- Domestic jurisdictions often fail to enact legislation or design policies in order to address and resolve problems particular to informed consent and older persons. The problem of legislation on older persons and the right to health is particularly acute in developing countries, which often lack an adequate legal framework concerning guardianship or consent. In some countries, the legal requirement for informed consent is circumvented by guardianship proceedings even in partial incapacitation, replacing patient's consent with that of the guardian. The right to health requires that States respect, protect, and fulfil the right to health, and it is incumbent upon States to develop policies and frameworks through which the right to health of older persons can be addressed to meet these requirements. It is important to establish safeguards to ensure the informed consent of older persons in the context of guardianship and build the capacity of older persons to fully understand and make use of health information.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Older persons
- Year
- 2011
- Paragraph type
- Other
- Reference
- SR Health, Report to the HRC (2011), A/HRC/18/37, para. 67.
- Paragraph number
- 67
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