Journal of Danubian Studies and Research, Vol 2, No 1 (2012)

Abstract

To this day, the rights of people who lost their autonomy (the old people over 75, the
persons with disabilities and the mentally retarded), have not yet been the object of a special legislation, both at an international and at a national level, hence the lacunary aspects in the field of their rights` legal protection. Thus, with a view to ensuring a dignified existence to old people, the world`s States should also ensure – by means of special laws – their right to medical, sanitary, social protection etc. and not merely provide special social protection measures for them. These social rights, that should allow any individual to live a life characterized by “self-determination and the forbidding of exclusions”, are placed - in the rights` hierarchy - at the level of human fundamental rights, because they have in view the observance of human liberties, equality and dignity, irrespective of human living conditions, irrespective of the economic and social conditions, irrespective of age and of the citizens`
state of health.