ARTICLE

Santa Fe Promotes the Comprehensive Protection of the Elderly

The law seeks to guarantee all the rights in the Inter-American Convention on the Protection of the Human Rights of the Elderly and to establish the Provincial Ombudsman for the Elderly.

February 5, 2024
Santa Fe Promotes the Comprehensive Protection of the Elderly

Law 14231, published in the Official Gazette of the Province of Santa Fe on December 27, 2023. grants protection to all persons over 60 years old who have permanent or demonstrable residence in the Province—regardless of their nationality and citizenship— and reaffirms that their rights and guarantees are of public order, non-waivable, and interdependent.
 

Some of the goals the law proposes are:
 

1. to raise awareness in society to eradicate mistreatment or abuse,

2. to promote the creation of a system that favors the autonomy of the elderly and provides for the protection of their health, including coverage of all medical services, food and nutritional security, clothing, and housing,

3. to guarantee the exercise of the right to property and the free disposal of their assets,

4. to include a gender perspective when implementing policies,

5. to coordinate with municipal, federal, and state policies.

Likewise, within the scope of the Ombudsman's Office of the Province, the law creates the Provincial Ombudsman for the Elderly, to watch over the protection and promotion of the rights of the elderly. To be appointed ombudsman, a person must meet the same requirements for being Ombudsman of Santa Fe. The ombudsman may hold office for five years and may be re-elected only once. Some of their functions include overseeing the proper functioning of public and private entities serving the elderly, receiving all kinds of claims or complaints from the elderly, and addressing them immediately through the competent entity.
 

The Law adds the following principles to the general principles of interpretation in it:


1. the dignity, independence, and autonomy of the elderly,

2. access to welfare and care, and eradication of all types of isolation, neglect, and inadequate medical treatment that may be considered mistreatment,

3. physical, economic, and social security for an elderly person to live a dignified life,

4. state responsibility and family participation for the effective and full integration of the elderly into society,

5. interaction between people of different generations to "favor the gender perspective and the active participation of women and men of different generations, by means of actions that promote interaction, encouragement, education, support and mutual care,"

6. progressive care as a set of actions to improve access to services and benefits.


Another fundamental aspect of this law is that it urges the provincial government to create a comprehensive and progressive care system to be articulated with the Ministry of Health of the Province and the Social Welfare System. The law defines "Integral System of Progressive Care” as "the modes of care, services and establishments that offer the elderly person the necessary tools to maintain or improve their quality of life, promoting autonomy and self-determination in such a way that the possibility of living a full life and aging in their usual environment prevails, preserving their family and social roles, with institutionalization being the last resort."


Finally, the law establishes the creation of two Registries: the Provincial Registry of Public and Private Institutions—which will carry out programs and/or services of assistance, promotion, treatment, protection, and defense of the elderly within the Provincial Directorate for the Elderly—and the Single Provincial Registry of Caregivers of the Elderly.