The role of public organisations in defending the rights of the elderly

E.V. Karyukhin (translated by L Kelly)

The importance of civil organisations participating in society to solve problems, related to the global phenomenon of an aging population, has been emphasised in United Nations documents (Vienna Plan of Action on Aging 26.07.- 06.08.1982, Madrid International Plan of Action on Aging, 08.04.-12.04.2002).  In an announcement by the General Secretary of the United Nations concerning the infringement of the interests of the elderly (Committee of Social Development, second session, 25.02.- 01.03.2002) the inter-relationship between the infringement of their interests and the problems of human rights was noted. Such an approach provides an opportunity to highlight the political aspects of the problem of infringement of the rights of elderly people and discrimination. It demonstrates the need to fight against the infringement of economic and social rights of the elderly and examine effective measures in respect of the struggle with infringement of their interests and violence. The type of work which national non-governmental organizations undertake is education and awareness raising of the problems of infringement of  interests of elderly people, lobbying of political measures and the legal system, spreading information, stimulating research and help in terms of services and  security  of the aged, who find themselves in a vulnerable position. The role of public organizations in the area of social support of the elderly and very old people has also been noted in a variety of Russian State documents.  For example, in the Memorandum “About the International Year of Elderly People (1999)” the Department of Affairs of Veterans and the Elderly People of the Ministry of Labour and Social Development of the Russian Federation, dated 1997, it was stated that “in “the third age” a number of public alliances, charitable and non-commercial organisations are taking action in the interests of elderly citizens. Religious organizations from a variety of faiths are carrying out charitable and beneficial activity”.  In the document, the arrangements for the Year of Elderly People are laid out together with human rights. The Federal program “Senior Generation”, confirmed as law № 70 of the Government of the Russian Federation from 29 January 2002, stipulated, in particular, in 2002-2004 “arrangements for the support of activity of public alliances in the interests of elderly citizens”

In a publication by the head of the department for strategic provision of social services of the Office of Development of Social Security of the Ministry of Health and Social Development of the Russian Federation emphasis was concentrated on the problem “of rights and interests of people of elderly years…as an inherent element in the rights of an individual”. In the opinion of the author, a strong legal safeguard for the defence of rights and interests of elderly people is necessary for “the transference of state (municipal) social establishments into the area of responsibility for non-state structures” .

The activity of a variety of the country’s non-commercial organisations (NCO), which have practical experience of legal defence of the elderly people, was examined in the context of recommendations provided below.  In 2003 the Regional Public Foundation for the Assistance of Aged People, “Kind Action” organised an inter-regional seminar “The Contribution of Non-Commercial Organisations in the Assistance of Elderly People” for the leaders of more than 20 public organisations in the area of social support of elderly and old people.  The range of activities undertaken by the organisations was varied – social assistance, medical welfare, cultural activities, legal defence, retiree organisations.  An important outcome of the seminar was the necessity for co-operative engagement within the framework of a national network of non-commercial organisations concerned with the problems of aging (NCOA). The first structure created within the framework was the co-operative – legal sector. The NCOA Resource Centre (www.dobroedelo.ru/vrc ) has become a “platform” for making contact and exchanging information. In particular, all the United Nations materials on the problems of aging have been placed on a specially created page on the site “Defence of Rights of Aging” (www.dobroedelo.ru/vrc/pravo).  Public organisations from Yaroslavl (О. Lukyanenko), Omsk (А. Panov), Kemerova (О. Karaseva) have become the most active.  Activity concerned with the legal support of the elderly has an inter-regional as well as a regional aspect. As a result of joint activity, for example, the above mentioned leaders of the NCOs appealed to the then minister of the Ministry of Labour and Social Development of the Russian Federation in April 2003 on the matter of getting information about ways of apportioning the resources for the Federal Program “Senior Generation” in 2002-2004.  The aim of the programme is financial support for organisational-legal and scientific-strategic issues concerned with the social security for elderly people.  In another appeal to the minister of this department the question was raised about the implementation of the Act of Parliament of the Russian Federation № 244 from 17.04.2002 and other problems, connected with the payment of social services to elderly people.
Questions put to the governor of Khabarovsk Region about a statement of a Public Alliance of users of invalid carriages in Khabarovsk and also from a nurse from that town with regard to the problems concerning her child’s illness, had a positive effect.  Petitions from Moscow, and also reactions of the local authorities, caught the attention of the mass media of Khabarovsk.

At regional and local levels likeminded people from the NCOs are putting into practice legal protection of elderly people by appealing to the courts, power structures, and legal consultants. Remaining within the framework of her human rights activity, Оlga Lukyanenko defended in a law suit the rights of veterans and invalids of the Great Patriotic War to benefits in respect of state fees for legal services.   She won the case against the Pension Foundation and defended the right of a 79 year old pensioner to receive two pensions in one payment – as a war veteran as well as having a disability together with premiums paid by him. Through her initiative, delegates of the State Duma of the Yaroslavl area have prepared and carried out changes and additions to the decisions of the municipality of the city with respect to payment of taxes on belongings, which were taken by them to the children of pensioners. O. Lukynenko sees the main mission of her public organisation as “linking with government structures to participate in the legal control by citizens of state social duties guaranteed by the Law including pensions, social security, defence of the elderly in the area of pensions, contributions made to them, remuneration for care which is also linked to growth in the cost of living, telephone discounts for disabled, the opportunity of work in respect of care in the home of relatives”.

These are the main directions of Aleksey Panov’s human rights activity concerned with aging:
Medical:
appearance of discrepancies between ostensible constitutional right to get medical assistance free in municipal and state health service providers and the realisation of this right even within the frameworks of a programme of state guarantees
Medical-social expertise:
doctors refuse to visit elderly people in their own homes who are not able to go to a clinic themselves to fill out the necessary medical documents
individual rehabilitation programmes for disabled people are not being put into practise (most elderly people are not aware of this, or its availability and the programme is being only  at the expense of the disabled person themselves).

According to A. Panov, the above listed problems are resolved by legal methods through elderly people appealing to lawyers.  None the less, most of the elderly do not possess the legal knowledge and medical workers do not explain to patients their rights.
The other side of the problem is that mental illness affects the ability of the elderly to realise their rights even with the legal support of a public organisation. In the opinion of one human rights activist, the main elements in changing the situation for the benefit of elderly people could be to:

A. Panov’s personal experience of human rights activity has been compiled in a structured handbook, dedicated to ways of advocating the constitutional right to free medical care. The material is accessible on the NCOA Resource Centre site - www.dobroedelo.ru/vrc/pravo.
The charitable foundation “Kind Action” (Kemerovo) has organised free legal consultations for elderly citizens. The foundation has a contract for the service with one of the city’s legal consultants. Once a week receptions are held, in some cases consultations take place by telephone. The most frequent reasons for appeal are the reforms of housing and utilities infrastructure, new legislation, low level of legal awareness of the elderly.
In the Regional Public Foundation for the Assistance of Aged People “Kind Action” (Moscow), significant experience of the organization of petitions in power structures of various levels in relation to appeals of elderly people to the organization has been amassed. The number of such appeals is growing appreciably with the appearance in clinics of materials about the activity of the foundation in the area of care of the elderly. Experience of this kind of social-legal support provides confirmation of the effectiveness of this means of help in cases where there are clear grounds for appeal. Experience also demonstrates, that the majority of appeals of elderly people to a public organisation, both municipal ones, and also at regional levels, is related to the competence of the corresponding power structures.  Experience of activity of regional public organisations in the protection of the rights of elderly people was compiled for us for the Commission on Human Rights by the President of the Russian Federation in the year 2003.
Analysis of proposals of the NCOA type represents significant interest, in our opinion, in the creation of additional ways to protect of the rights of elderly people at national and regional levels. Proposals were worked out within the frameworks in preparation for the first All Russian conference of public organisations in the social sphere and began to become evident in March 2004.  With such measures, in particular, the following is possible:

The next step in the creation of public mechanisms to defend the rights of elderly people is the development and publication of the education programme “Russian and International mechanisms in defending the rights of elderly people”.  The aim of the programme is to provide public organisations, including organisations of elderly people themselves, with complete and full information about social and economic rights of elderly people, and how to protect them at national and international levels.  An interdisciplinary collective, including a judge, lawyers and gerontologist was created for the development of the programme. Professor А. S. Аvtonomov is an expert on the programme.  3000 samples were distributed free at the request of public organisations, educational and cultural institutions.  The large number of requests for an education programme from Resource centres of non-commercial organisations, and also legal, human rights, social public organisations, higher education institutions, affiliates of  the society “Knowledge” from practically all regions of the country bear witness to a significant interest in materials which have been developed about rights of elderly people. An electronic version of the education programme together with support material has been put on the site of the previously mentioned Resource Centre for non-commercial organizations concerned with aging. Seminars organised for leaders and representatives of public organisations in Moscow and Kaluga also emphasise the high demand for legal information regarding the interests of elderly people.
Analysing the results of a short survey of the activity of public organisations in the area of protecting the rights of elderly people, it is possible to draw several conclusions. The public sector area concerned with social protection has particular experience of advocacy of the rights and interests of elderly and aged people at national, regional and municipal levels. Effectively, organisations concerned with issues of aging, including legal, non-commercial organisations fulfil several roles:  “buffer” for various types of social conflicts, “lobbyist” for their interests, “leader” in awareness raising and knowledge. The reality of a fourth partner in a system of social support for its citizens of the previous generation exists alongside state structures.  It is certain, that with mutual understanding of the significance of the problems, further partnership developments are imminent.