Strengthening and Supporting the Rights of Older People in the International Community

• Pages: 17-17
• Date: 01 January 2025
• Published date: 01 January 2025
• Author: Erica Costello
• Subject Matter: Derecho Público y Administrativo

Bifocal 46 Issue 3

17

This issue of Bifocal focuses on aging issues in the inter-

national community. Perhaps now more than ever we are

seeing the need to strengthen the systems providing care

and support to older people in every country.

According to the World Health Organization, by

2030, it is projected that

1 in 6 people throughout

the world will be aged 60 years or

older. However, only 1 in 4 report-

ing countries have enough nancial

and political resources to implement

integrated care responsive to older

people’s needs, and only 1 in 3 have

the same for long term care.1

Several articles in this issue highlight

the various ways that legal commu-

nities can strengthen and support

healthy aging globally. For example,

the Commission on Law and Aging

(COLA) intern James Root Butter-

worth’s article spotlights Germany’s

mandatory, public long-term care

insurance (LTCI) system which

provides nursing home care, home

care, and outpatient care to all residents based on the level

of care required. Attorney Sally Hurme’s article further

discusses the recent World Congress on Adult Care and

Support, particularly noting that Germany’s legal system

has abolished full guardianship in favor of “Betreuung,”

or legal caretaking. Under the new model, the fundamental

rights of individuals to vote, marry, and make a will are

safeguarded and judges are required to ascertain the indi-

vidual’s will and preferences.

There are also things being done in legal communities

throughout the United States to strengthen and support

the rights of older people with international issues. COLA

Commissioner and Judge Selena Molina’s article discusses

the role of attorneys ad litem in Delaware who voluntarily

1 World Health Organization. (2024). WHO Calls for Urgent Transformation of Care and Support Systems for Older People. Retrieved February 25, 2025 from https://www.who.int/

news/item/01-10-2024-who-calls-for-urgent-transformation-of-care-and-support-systems-for-older-people

2 AARP. (2025). Portraits from the LA Wildres: Older Adults Face Loss, Uncertain Futures but Still Find a Glimmer of Hope. Retrieved on February 25, 2025 from https://www.

aarp.org/home-family/your-home/info-2025/la-re-victims-share-stories/

represent individuals alleged to be in need of guardianship

with international issues. The attorneys ad litem are able to

assist in marshalling and liquidating international assets,

as well as reconnect individuals with international family

members and help with residential placements in other

countries if needed.

Of course, we would be remiss if the eects of internation-

al climate change on older people

were not also addressed in this

issue. In January 2025, the Los

Angeles’ wildres had a signicant

impact on the lives of countless

older people throughout the region,

forcing more than 50,000 people to

evacuate and killing at least 27 peo-

ple, many of them older adults.2 In

her article, Attorney Jane Buchanan

with HelpAge USA examines the

issues of international conicts,

humanitarian, and climate-relat-

ed disasters, and emphasizes the

need for greater participation of

older people in disaster planning,

response, and monitoring. Informa-

tion on Disaster Relief Legal As-

sistance can be found on the ABA’s

Center for Pro Bono website.

COLA has a long history of working on international issues

that strengthen and support the rights of older people. In

2018, the ABA adopted a resolution encouraging the United

Nations to draft a convention on the rights of older persons.

COLA Senior Attorney Jessica Brock’s article provides an

update on this topic and discusses whether a convention on

the rights of older persons should be adopted. This topic

is both relevant and timely as we look toward continuing

our work on issues that strengthen and support the rights of

older people in the international community.

Further information and resources on the International

Rights of Older Persons can be found on COLA’s website.

Strengthening and Supporting the Rights of Older

People in the International Community

By Erica Costello, Associate Director/Chief Counsel

American Bar Association, Commission on Law and Aging

Director’s Column