Dialogue in Silence: Inter-American and Brazilian Protection of the Human Rights of Older Persons

Abstract

As society needs to face ageing as a plural process that goes beyond biological and chronological aspects, it is recognised that it also has societal, political, judicial, and psychosocial changes and consequences. Imposing a social clock of expected normative behaviors, understanding older persons as inactive citizens and mere objects of legal protection instead of social actors and specialised human rights’ holders is a critical problem to be confronted in the upcoming years as the global population becomes older. This article aims to comparatively analyse the legal aspects of the protection of older persons in the Brazilian and Inter-American legal framework, perceiving a movement of dialogue in silence, opposing moments of resistance and periods of adequacy between international and national jurisdiction, allowing the analysis of how it impacts the enforcement of these rights. In order to evaluate this phenomenon, this article analyses bibliographic and legislative material, focusing on a human rights-based approach of older persons and an older persons perspective. Firstly, it discusses the social construct of old age, followed by the comparative analysis of Brazilian and international legal framework on the topic of ageing. Finally, it establishes the contours of the ‘dialogue in silence’ between Brazilian and Inter-American protection of older persons’ rights. Results show that a better cross-fertilisation and dialogical approach is needed, overcoming the legislative resistance and difficulties in implementation of rights and policies relating to older persons.