Fundamental rights in senior citizens’ residence

Authors

  • José María Rodríguez de Santiago

Keywords:

Fundamental rights, welfare providing administration, retirement homes

Abstract

The scope of personal self-determination protected by certain fundamental rights is necessarily affected whenever an elderly person moves to a retirement home. In particular, conflicts may arise between the duty of care imposed upon residence-owners by the legislator and the right to physical and moral integrity (Article 15 of the Spanish Constitution), the right to personal freedom (Article 17) and the right to privacy (Article 18) of the elderly residents. An adequate methodological approach is necessary in order to tackle this issue within the right theoretical framework. This article draws on the theory of rights balancing as a public law method. The study further includes an analysis of the organizational and procedural rules that seek to optimize the exercise of fundamental rights in retirement homes.

Issue

Section

STUDIES