Addressing Access to Justice for Elderly People

Matić Bošković, Marina (2023) Addressing Access to Justice for Elderly People. In: Elderly People and Discrimination: Prevention and Reaction. Institute of Criminological and Sociological Research ; Vojvodina Bar Association, Belgrade ; Novi Sad, pp. 153-165. ISBN 978-86-80756-57-8

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Abstract

The number of persons aged 60 years or over is projected to grow by 38 percent in period between 2019 and 2030, globally outnumbering youth. Recognizing that trend, attention needs to be paid to the specific challenges affecting older persons, including in the field of access to justice. Considering that violence, abuse and neglect of elderly persons are the most hidden and unreported violations of human rights, it is important to ensure mechanisms to facilitate older people access to justice. Scope of the problem is significant, since according to the World Health Organization it is estimated that 1 in 6 people 60 years and older experienced some form of abuse in community settings during the past year.1 Access to justice as a basic principle of the rule of law guarantee people to exercise their rights, hold perpetrators and decision-makers accountable. However, the older persons often face multiple barriers in accessing justice. The author analysis the challenges in access to justice for elderly persons and grounds for their discrimination in the judicial system, specifically invisibility of older persons in the justice system and lack of awareness of their legal rights and on existing legal mechanisms. Furthermore, the article assesses issues of affordability, excessive delays and impact of digitalization on access to justice for elderly persons. The author elaborates practice of the European Court of Human Rights and EU Court of Justice and their interpretation of the violation of right to a fair trial.

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