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Elder Justice Viewpoints

Reacting to the Supreme Court's Decision on Reproductive Rights

6/30/2022

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By Lisa Nerenberg 

​The sucker punch of last week's Supreme Court's decision still has me reeling. It also has me thinking about how to channel my outrage. It's clear that Dobbs v. Jackson Women's Health Organization isn't just about abortion. Justice Thomas's chilling concurring opinion makes it likely that other deeply personal choices may come next. Older adults are at especially high risk.

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Undue Influence and the Law

1/3/2022

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By Steven Hassan 
​Forty-five years ago, I left the Moonies—a far-right authoritarian cult—and ever since, my career has been dedicated to stopping destructive cults and spreading awareness about undue influence. In my decades of activism, I have come to understand how social psychology and the law are connected.

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Addressing Grief in Elder Mediations

11/29/2021

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BY Dana L. Curtis, Attorney and Mediator

​​I believe loss, or fear of loss, and grief, or anticipatory grief, are present in most mediations. But in elder and adult family cases, they often exist at the heart of the conflict. ​​By grief, I am referring to emotional experience in response to significant loss of any kind.

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In defense of guardians: responding to "i care a lot"

4/23/2021

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​One of the greatest frustrations for those working with elder abuse victims is standing idly by when abuse is occurring or imminent  and not being able to stop it. It’s not for lack of caring. Sometimes, even the most skilled and well-intentioned service providers don’t have the authority they need to do what needs doing. ​

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COVID, Elder Justice, and Advance Directives

11/15/2020

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COVID-19 has forced us to face the fact that in mere days or hours we can go from autonomous, free-acting agents to having strangers become the guardians of our bodies and selves. These strangers may be called upon to judge the value of our lives against those of others as they triage scarce resources or to predict our quality of life against the potential risks and rewards of treatments. The sudden annihilating onset of the disease denies many the chance to choose for themselves how they want to spend their final hours and with whom. It separates patients from loved ones, depriving both sides of mutual comfort, reassurance, and the easing of fears and suffering. ​

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World Elder Abuse Awareness Day: Hope Springs Eternal

6/1/2020

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What began as a small gathering at the United Nations in 2006 has evolved into a multicultural, multilingual movement redefining the meaning of collective power for a world audience. World Elder Abuse Awareness Day (WEAAD) has helped people understand what elder abuse is, acknowledge the importance of human and civil rights, and recognize the need for research, education, advocacy, and policy development. ​WEAAD brings together individuals, communities and organizations to raise awareness and to honour, respect, and celebrate the strength and resilience of older people. Now, on its 15th anniversary, WEAAD continues to provide a platform for voices to be heard, listened to and acted on. ​
WEAAD is dedicated to older people who have charted paths, built communities, contributed to society and to all generations. ​The pandemic may have changed the world, but people still have the power to cope with adversity and to emerge stronger, more resilient, more thoughtful and giving.
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Health Justice & Public Health in the Age of COVID-19

4/8/2020

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​With the COVID-19 epidemic spreading across the globe, people everywhere are getting a crash course in public health. Terms like “flattening the curve” and “herd immunity” are daily being added to our vocabularies. Since its beginnings during a cholera epidemic in the 1850s in London, the field of public health has evolved dramatically, yet some of the advances that are particularly germane to COVID-19 are not getting much attention. That includes public health’s focus on social justice.

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An Ecological Model of Elder Justice

12/30/2019

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​In the thirty-something years I’ve worked in the field of elder abuse prevention, I’ve seen abuse framed and re-framed as a medical syndrome, a caregiving issue, domestic violence, and a public health epidemic. The Elder Justice Act (EJA), enacted in 2010, enshrined abuse as a matter of social justice and individual rights. Although the new frame has been widely embraced, the EJA is narrowly focused and fails to address the myriad other threats (besides abuse) to older Americans’ rights. I wrote Elder Justice, Ageism, and Elder Abuse (Springer, 2019) to explore these threats and what our field can do about them.
  1. ... the ecological model of elder justice addresses threats to individual rights, including such fundamental rights as privacy and due process, as well as rights pertaining to special groups. Users of long-term services and supports, for example, have rights as consumers, and those with disabilities have rights protected under the Americans with Disabilities Act. Other groups with special rights include crime victims, immigrants, workers, nursing home residents, and jail and prison inmates. 

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Calling for a U.N. Convention on the Rights of Older People

5/28/2019

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The United Nations General Assembly established the Open-Ended Working Group on Ageing (OEWGA) in 2010 with a mandate to consider the existing international framework for the human rights of older persons and identify possible gaps and how best to address them. This included exploring the feasibility of new “instruments and measures,” which range from aspirational memos to binding U.N. conventions (a type of treaty).  The goal is to strengthen the protection of human rights of older persons.
...​the group has focused on particular human rights topics as they apply to older persons, including equality and non-discrimination; violence, neglect and abuse; autonomy and independence; long-term and palliative care; and social protection and social security
The first session of the OEWGA took place on February 15, 2011. In subsequent annual sessions the group has focused on particular human rights topics as they apply to older persons, including equality and non-discrimination; violence, neglect and abuse; autonomy and independence; long-term and palliative care; and social protection and social security. Future topics will likely include access to justice, health care, and housing. Because these subjects are viewed as overlapping and interdependent, the deliberations are not siloed.

​By far, the most repeatedly debated issue is whether there is a need for a specialized, binding convention on the rights of older persons. Virtually every participating non-governmental organization (NGO) and many nations have argued that existing human rights instruments fail to recognize older persons as clear rights holders in all aspects of human rights laws. Other nations, including the U.S., argue that existing instruments cover older persons adequately and that all that is needed is better implementation strategies.

Participation does not require you to stick your head out. You can observe or put your name in the cue to deliver comments (called “interventions”)...You will find tremendous professional benefit from participating, both in terms of learning about U.N. processes and experiencing the diversity of international aging advocacy.
Which way the pendulum swings in this debate will depend to a large extent on NGOs that advocate for or serve older persons. NGOs have played a major role in the Working Group’s discussions and can participate via a fairly simple credentialing process. The process harkens back to the creation of the Convention on the Rights of Persons with Disabilities, the success of which depended heavily on the voice of NGOs. NGOs overwhelmingly favor a convention but lack the critical mass necessary to make U.N. member states heed their call.

Numbers really do count. There are countless U.S. NGOs that would never consider playing a role in U.N. affairs, let alone even try to understand the working of such a complex organization. However, it is easier than you think. Participating organizations have developed materials that explain the issues and can assist in learning U.N. procedures (see below). Becoming familiar with them will well equip you to be an expert advocate for a convention. The next step is to have your organization accredited to attend future meetings. The Working Group posts instructions. Accreditation is granted to organizations (not individuals) and only have to be accredited once. The application asks for information about organizations' competence and the relevance of their activities to OEWGA's work. If your group serves or advocates for elders, you probably qualify. The UN Secretariat reviews applications using standardized criteria, which include equitable geographic distribution. The OEWGA, by motion and vote, makes accreditation final. If approved, your organization can register up to five representatives to OEWGA meetings.

Participation does not require you to stick your head out. You can observe or put your name in the cue to deliver comments (called “interventions”). Written submissions are also usually invited on specific topics that the Working Group plans to address.
You will find tremendous professional benefit from participating, both in terms of learning about U.N. processes and experiencing the diversity of international aging advocacy. The meetings provide the opportunity to hear from and meet representatives from NGOs around the world and make new contacts with both U.S. and international advocates and leaders. Yes, there is the expense of traveling to and visiting New York, but if that challenge can be met, your organization can make a difference. As Woody Allen has said: 80 percent of success is showing up.

​And yes, at the U.N., they do spell “Ageing” with an “e"!
Resources
  • The Global Alliance for the Rights of Older Persons was established in 2011 to strengthen the rights and voice of older people globally. It is a collaboration of nine organizations:
    • International Network for the Prevention of Elder Abuse (INPEA)
    • International Longevity Centre (ILC) Global Alliance
    • International Federation on Ageing (IFA)
    • International Association of Homes and Services for the Ageing (IAHSA) 
    • International Association of Gerontology and Geriatrics (IAGG) –
    • HelpAge International
    • AGE Platform Europe 
    • Age UK 
    • AARP 
  • A new convention on the rights of older people: a concrete proposal
  • Strengthening Older Peoples Rights: Toward a Convention 
  • Normative Standards in International Human Rights Law in Relation to Older Persons - Analytical Outcome Paper (August 2012)
  • Report of the Independent Expert on the Enjoyment of all Human Rights by Older Persons (September 2016)
  • Materials submitted at annual OEWGA meetings

About the Author

Charles P. Sabatino

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​The author is director of the American Bar Association Commission on Law and Aging which has participated as an accredited NGO in the meetings of U.N Open-Ended Working Group on Ageing since 2012. ​He specializes in health law, long-term care planning, and improving access to legal services for older adults. He is an adjunct professor in elder law  at Georgetown University Law Center and a past president of the National Academy of Elder Law Attorneys.

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Restorative Justice and Elder Abuse: A Promising Match?

3/20/2019

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Restorative-Justice (RJ) is a form of justice that recognizes that abuse is a violation of people’s relationships rather than only a violation of formal law. Its focus is on healing ruptured relationships between victims, offenders and others involved. The typical response to abuse has been retributive, which assumes that only by punishing offenders can the problem be resolved. The reality is that punishment alone does little to repair damaged relationships or restore peace. If anything, punishment aggravates relationships and rarely heals victims' wounds or improves offenders' behavior. Many offenders blame their victims for reporting crimes and  seek revenge after completing their sentences. Not only is this not in victims' or offenders' best interests, it does not serve the needs of society.
...punishment alone does little to repair damaged relationships or restore peace. If anything, punishment aggravates relationships and rarely heals victims' wounds or improves offenders' behavior. Many offenders blame their victims for reporting crimes and  seek revenge after completing their sentences. Not only is this not in victims' or offenders' best interests, it does not serve the needs of society.
The roots of RJ are found among many of the world's indigenous people. To survive, these groups need methods to deal with internal strife so that after conflicts are resolved, resulting in a lasting peace. The methods often cited are family group meetings of the Maoris of New Zealand and the tribal circles of many American Natives. In both methods, those affected--victims, offenders, their families, witnesses and those of the larger social group (stakeholders)--take part in special gatherings. The primary objectives are to provide open forums with full disclosure of what caused the conflict, what actually happened, how the abuse affected those involved; and finally, what is needed to restore relationships for a lasting community peace. Typically, negotiations take place which allow all the stakeholders to propose how to repair the harm done. Usually the focus is on “how to make whole that which had been broken.” Apology, forgiveness, compensation, mediation and restitution are major parts of these discussions. All participants are given the chance to speak, and ultimately, mutually agreed-to solutions are found. Modern-day RJ practices, which embody these same principles, have been adapted and successfully applied in the USA, Canada, Australia, and New Zealand.
Usually the focus is on “how to make whole that which has been broken.” Apology, forgiveness, compensation, mediation and restitution are major parts of these discussions. 
The question is, how can Restorative Justice principles and practices be applied today, especially for Elder Abuse responses? RJ philosophy, principles and practices have been put into action in collaboration with many justice systems; however, usually outside of formal systems. Responses to elder abuse include the use of mediation (see the Center for Social Gerontology, Inc. (TCSG) and the Elder Mediation Program in Ann Arbor, Michigan) and conferencing (see the Restorative Justice Approaches to Elder Abuse Project in the Waterloo region of Ontario and the S’Klallam Tribe in Seuim, Washington). I think, these applications move us much closer to real elder justice. Obviously, these applications are challenging to implement as they are major paradigm shifts away from retributive models. My take is, if we want to see real change and restoration, we must embrace and commit to these concepts and actions. Even though the benefits of RJ are obvious, another challenge is how to cope with systemic resistance. In addition to organizational activism, to reach these objectives, innovative attempts must include a high amount of “frustration tolerance.” Collaborations between new ideas and traditional justice can be tough. 

In Fresno, California we have been trying to implement a model with the possibility to include restorative justice options when appropriate. Ten years ago, we created an NGO to establish a special emergency shelter for elder victims in imminent danger with immediate protection with an RJ option. Elder Abuse Services, Inc. (EASI) was formed as the vehicle to bring these ideas to fruition. We discovered that all but one city (Sacramento) in California had such a dedicated facility! We also learned that a significant number of elder abuse cases existed where such a shelter was needed. However, currently victims are either placed in a cheap hotel room, temporarily shuttled off to a friend or relative or encouraged to “tough it out” at home. These cases rarely self-correct and often end up with the victim taking to the streets and becoming homeless or suffering further abuse sometimes leading to premature death. These are not rational solutions. Our plan is to provide a victim with a safe-haven and social services up to 90 days in collaboration with local prosecutors to find a solution and, if appropriate, with an RJ option. Despite consensus on the need for such a program and support for our objectives, we have not yet been successful in our search for resources. We are passionate about our cause and dedicated to our mission. We believe that all elders deserve to live out their golden years with self-reliance and dignity. I am sure that with this model EASI and other like-minded programs could fill this glaring gap in elder abuse services. Please visit our website: www.easi-fresno.org.

About the author

John Dussich

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John Dussich was Criminology Professor Emeritus at California State University, Fresno and the creator/founder of the National Organization for Victim Assistance (NOVA), which he launched in Fresno in 1976 serving as Executive Director for four years. He also served as founding Secretary General and President of the World Society of Victimology (WSV).  He served in the US Army for 29 years in the Military Police Corps, retiring as full Colonel, and taught for 20 years in Japan where he was also creator/director of the Tokiwa International Victimology Institute (TIVI) and editor-in-chief of its journal, International Perspectives in Victimology. He created the Mito Victim Support Center in Japan (now called the Ibaraki Victim Support Center). 

As a crisis responder, John has logged hundreds of volunteer hours in disasters around the world. He has published 16 books, 106 articles and made 203 presentations, the bulk of which have been on victim support and victimology. His most recent international work was as chair of the WSV’s United Nations Liaison Committee for victims’ rights. On April 12th, 2016, he received the Ronald Reagan Public Policy Award from the US Attorney General.
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  • Home
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