Human Rightsand Older Adults

Legal Aid Bureau, Inc.

Providing Legal Services in Maryland Since 1911

WHAT are human rights?

WHERE do they come from?

HOW do they affect older adults?

Human Rights are . . .

Universal legal guarantees protecting individuals and groups against actions from the government that interfere with fundamental freedoms and human dignity

Important Characteristics of Human Rights

Universal – all leaders in all countries agreed on these rights

Inalienable - cannot be waived or taken away

Interconnected - violation of one right affects fulfillment of others

Indivisible – don’t treat rights in isolation

Non-discriminatory – should be respected without distinction of any kind

Human Rights are recognized in The Declaration of Independence

“. . .all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

International Law – United Nations Charter

“The United Nations shall promote: … universal respect for and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion” - Charter of the United Nations (Article 55)

The U.S. Constitution

“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” (9th Amendment)

At Maryland Legal Aid, human rights are our values!

Legal Aid provides the legal services to maintain your human rights

Medical care

Consumer protection

Fair housing

Public benefits

Family law

Three client stories: how human rights issues affect their every day lives

Meet Phyllis

In her early 70s and a widow. Has 1 daughter and 2 granddaughters.

She had a stroke and was sent to a nursing home to recover. She really wants to be home and closer to her family.

All of her savings are gone and she cannot pay for her care.

© NickFraser

Phyllis’s dilemma

The nursing home thinks Phyllis should stay and has convinced Phyllis’s daughter that they might be right.

Phyllis has increasing memory issues, but she knows where she wants to live.

With money running out, Phyllis is worried about getting the medical care she needs.

What are Phyllis’s human rights?

Phyllis has a human right to

Adequate health care Appropriate housing Decide where she prefers to live

Legal Aid helps her to realize her human rights

Obtain the federal benefits that might help her be able to stay in her home

Assist her in obtaining the health care she needs in the setting of her choice

Meet Harold In his early 60s and

recently retired.

Lives in his home with his wife off of Social Security and a small pension.

In good health and happy, with plans to live modestly in his home for the rest of his life.

Harold’s dilemma

Harold’s wife had a few extra health costs and his car broke down so he got a little behind on his electricity payments. They keep adding on fees and now they are threatening to cut his service.

The costs of these services are stacking up and his small budget cannot handle the costs of his new bills. He is worried that he could lose his home.

He cannot afford a lawyer and so creditors do not seem to take him seriously.

What are Harold’s human rights?

Harold has a human right to

Seek help in the legal system before benefits are taken away

Meaningful access to the courts and to lawyers who can assist him in court

Legal Aid helps Harold to realize his human rights

Help in preventing utility companies from shutting off his service

Assistance with debt collectors who are trying to take money

Provide legal advice about the impact of debt on his retirement

Meet Florence & Mary Both in their early

80s but still in good health.

Florence & Mary are a couple and live together in a 1-bedroom public housing apartment

© Colin Gray

Florence’s & Mary’s dilemmas

Florence & Mary’s landlord told them that other residents have been complaining about their “lifestyle” and that if they want to stay, they must rent an apartment with separate bedrooms

The apartment needs maintenance, and management has not listened to their concerns.

What are Florence & Mary’s human rights?

Florence & Mary have a right to

Adequate and safe housing, regardless of sexual orientation

Right to rent property in the location of their choice, free from discrimination

Legal Aid can help Florence and Mary realize their human rights

Inform Florence of her rights to be free from discrimination based on sexual orientation

Assist the couple if they receive an eviction notice

Represent their rights for adequate living conditions

QUESTIONS?