CARE FOR ELDERLY & DISABLED IN EUROPE.   Term Paper ID:26312 Click to get this paper

Essay Subject: Examine evolution of European Community's policies & laws covering health & care, social services, human rights. Politics, economics, examples, insurance, long-term care. more.... More...

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Paper Abstract: Examine evolution of European Community's policies & laws covering health & care, social services, human rights. Politics, economics, examples, insurance, long-term care. more. Paper Introduction: CARE FOR THE ELDERLY AND THE RIGHTS OF THE DISABLED IN THE EUROPEAN COMMUNITY This research paper discusses the current status in the European Community (EC) of provision for the care of the elderly and the disabled and the rights of persons who fall into such categories. Most of the nations of Western Europe provide extensive protection for the elderly and, to a lesser extent, the disabled, but a combination of fiscal, economic and demographic pressures render them unable to maintain, let alone expand, those benefits just as the aging of their populations is rendering a significant number of the elderly and the disabled more vulnerable. As a result, since the early 1980s a major political battle has been developing over the size and terms of future entitlement programs for these groups and various alternatives Text of the Paper: The entire text of the paper is shown below. However, the text is somewhat scrambled. We want to give you as much information as we possibly can about our papers and essays, but we cannot give them away for free. In the text below you will find that while disordered, many of the phrases are essentially intact. From this text you will be able to get a solid sense of the writing style, the concepts addressed, and the sources used in the research paper. According to Baldock, "institutional care in hospitals,nursing homes, and residential homes, has never been an important part ofthe British way of caring for the dependent elderly," only 8.5 percent overthe age of 75 were in institutions in 1984.[23] However, between 198 and199 , public costs of care for the elderly in nursing homes rose 414.3percent.[24] According to Wall, the cost of the average stay (2.4 years) ina nursing home in Britain is $29,52 per annum.[25] Macdonald & Wastell saythat National Health Service costs for the over 65 group amounted in 1996to 13.9 billion pounds, 4 percent of the national budget and that by 2 3 11 percent of Britain's GNP will go to long-term care for the elderly andthe disabled.[26] To reduce these costs, the British have introduced an unpopular meanstesting program. Dissenting Justice Lord Lloyd of Berwicksaid that "Parliament cannot have intended that the standards andexpectations for meeting the needs of the disabled in Bermondsay shoulddiffer from those in Belgrave Square."[68] Morriss, a former Labor Ministerresponsible for aid to the disabled and the Royal Association forDisability and Rehabilitation denounced the Gloucestershire decision asillegal, and as having a "devastating" effect on community care.[69] Baker says that 483 cases involving disabled persons are pendingbefore industrial tribunals. . The basic underpinning of ECnational social welfare plans, which protect the elderly as well as others,are their government-subsidized or managed pension and national healthservice programs and other social subsidies for the poor, the sick, theelderly and the disabled. The nature of these problems varies considerably by country, butall the nations in the EC are experiencing difficulties in protectingadequately the elderly and the disabled. [19] Brown, supra, 1 . The Disability Discrimination Act 1995, 6 Modern L. Kisberg, International Handbook on Services for the Elderly (1994).Paul Lashmar, revealed: hidden costs that explode the low-tax myth household incomes have been rising as income tax rates have fallen over the past two decades. 1992.Treaty of Rome (as amended), Art. The first waves of reductionin government welfare spending were concentrated in areas such as housingsubsidies, public income supplements for the indigent and unemploymentbenefits. [15] Brewster & Teagre, id., 173. Liebig, eds., 1995).Blair seeks to mollify critics over disabled costs, Jan. 75, subsec. 34) 92, U.N. Various private organizations in Ireland are lobbying for increasesin benefits for the disabled. However, EC has made its influencefelt in the area of gender discrimination which is banned under Article 119of the Rome Treaty. OECD calls this "a new policy priority, thatof enabling as many frail elderly people as possible to remain in their ownhomes, and of providing better quality and less socially-isolatedinstitutional care for those who required it."[33] They have two principalaspects: (1) the subsidization of Sheltered and Very Sheltered Housing forthe elderly; and (2) expanded home health care services. TheTransport Act of 1968 provided for discounted fares on the railways andsome other forms of public transportation. Disabled persons are often denied employment or given menial or poorly-paid jobs" . According to Brewster & Teagre, EC Social SecurityDirectives of 1978 and 1986 make clear that "all discrimination based onsex either directly or indirectly by reference in particular to marital orfamily status should be eliminated both in state and private sectoroccupational [and pension] schemes."[15] For example, when the Britishgovernment provided that husbands who left their jobs to care for theirdisabled wives would be eligible for Invalid Care Allowances, thegovernment was forced to extend it to married women in the same situationafter the European Court so ruled in 1986.[16] Great Britain in particular has resisted attempts by EC to extendcontinental concepts of social welfare to it. Rev. 1-56 (Spring- Summer 198 ).Leonard Heumann & Duncan P. Denmark has extensive programs banningdiscrimination against the disabled, providing for their social integrationand full participation in the community, vocational training, equal accessto public transportation and buildings and income support. 119 (1957).Universal Declaration on Human Rights, G.A. InFrance, OECD says that "the health insurance system gives elderly peopleaccess to a range of health services which are generally of good quality"and are free, but co-payment arrangements have become more common.[2 ] Long-term Care. [56] G. GAOR, Supp. As aresult, since the early 198 s a major political battle has been developingover the size and terms of future entitlement programs for these groups andvarious alternatives are being considered for shifting some of thefinancial burdens involved to local government, the private sector and/orto the individuals affected by central government funding constraints andcutbacks. . TABLE OF AUTHORITIES INTERNATIONAL CONVENTIONS, DECLARATIONS, PROTOCOLS AND TREATIESAgreement (Protocol) on Social Policy, Maastricht, 7 Feb. In 197 Orange Badge Schemes were adopted to grant free parkingto the disabled. [35] Brown, supra, 11. Thedisabled are still getting a raw deal in the office despite attempts by anew Act to outlaw discrimination, Daily Telegraph, March 15, 1997, at 8. Doyle criticized this law as consisting of "half measures anddissembling reform."[67] In a controversial decision, Regina v.Gloucestershire County Council, ex parte Barry (2 March 1997) the House ofLords upheld the reduction by a county council of benefits to a 71 year olddisabled man among 1, others so affected by a cut in central governmentaid to the council of 2.5 million pounds. Education and transportation byboats and aircraft were excluded from coverage. [75] Government is accused of complacency on disability, Irish Times,May 2, 1997. Care for the Elderly: Policy Issues and Responses Pensions and National Health Insurance. [9] Malcolm L. In Sweden, progressive schedules for hospitalfees with fixed upper limits on government payments were introduced. 14, 1997. A/1 34 (1975).Declaration on the Rights of Mentally Retarded Children, G.A. According to Lashmar, the average net pension declinedfrom 2 percent of last wages earned in the late 197 s to 14 percent in1995 and an estimated 9 percent in 2 .[18] A similar development occurredin Germany where Brown says "The growth of education, health, and pensions [benefits] were all reduced about equally as the effort of retrenchment started earlier and in some respects, went further than in other countries. 2 of the Danish Constitution provides that "anypersons unable to support themselves or their dependents are entitled,where no other persons are responsible for them or their dependents'maintenance, to receive public assistance." Legislation was adopted in 1933for support to the deaf, in 195 for support to the blind and in 1959 forsupport to the mentally handicapped. So how come very few of us feel better off? There is a growing awareness of a need to providespecial legal assistance to frail and disabled elderly persons. Herman reports that as part of its work to welfareprogram, the British government is planning to cut benefits to 6.5 milliondisabled persons.[72] Prime Minister Tony Blair has said: "No-one's takingaway any benefits from those who need it."[73] Two chief executives ofsocieties representing the disabled have recently said that there is noneed to cut benefits to the disabled to induce them to go to work becausethey already very low, 5 .9 pounds a week for non-retirees.[74] The current controversy in Britain over the level of benefits to thedisabled and government plans to reduce them further is illustrative of theproblem the disabled face. Res. 12, 1997, Euronews at 7.----------------------- 34 Herr, Rights of Disabled Persons: InternationalPrinciples and American Experiences, 12 Columbia Human Rights L. In Great Britain, the Labour Party was either in power from 1945 to1979 or the conservative administrations which held power for limitedperiods in the 195 s, 196 s and early 197 s, basically left intact thesocial welfare reforms initiated by Labor. [1 ] Andrei S. 2856, 26 U.N. A general duty was imposed on employers to make reasonableadjustments for disabled employees, the meaning of which is not yet clear. The Scandinavian, Spain and the Benelux countries do notyet employ means testing. GAOR, Supp. Doc. included a lack of co-ordination betweenservices, inconsistencies in policies . As Macdonald & Wastell said recently,"the cradle-to-grave welfare state has encouraged people to believe thatthey will be looked after in old age."[1] Retrenchment. [53] 35 I.L.M. Doctors Assisted Dying Bill (1997). Res. BILLS, LAWS, DIRECTIVES AND REGULATIONSEuropean Community Social Security Directives of 1978 and 1986.Bills and Laws of Great Britain: Chronically Disabled Sick and Disabled Persons Act (197 ). [32] Macdonald & Wastell, supra. Johnson, Great Britain, in INTERNATIONAL HANDBOOK ON SERVICES FOR THE ELDERLY 154-174 (Jordan I. Observer, July 13, 1997, Business Page.Leopold D. the PC is one of the greatest accessibility aids ever created"but he admitted that "technological advances for disabled people will takesome time to filter into the mainstream computing world . CARE FOR THE ELDERLY AND THE RIGHTS OF THE DISABLED IN THE EUROPEAN COMMUNITY This research paper discusses the current status in the EuropeanCommunity (EC) of provision for the care of the elderly and the disabledand the rights of persons who fall into such categories. 4,1997; and John Baldock, England and Wales, 48, in Pynoos & Liebeg, supra. 1997).Clare Dyer, Reforms will aid elderly 'living wills' may gain force of law, Guardian, Dec. Transport Act (1968).Laws of France Disability Act of 3 June 1975.Laws of Germany First Book of the Social Code, Art. Marcovits & Jost Halfman, The Unraveling of West German Social Democracy, in REMAKING THE WELFARE STATE 96-118 (Michael K. [18] Paul Lashmar, Revealed: hidden costs that explode the low-tax mythhousehold incomes have been rising as income tax rates have fallen over thepast two decades. GAOR, Supp. . A/1 34(1975). Elizabethan Poor Laws (16 1). Rev. 6(Spring-Summer 198 ). Victoria Macdonald and David Wastell examine its options, Sunday Telegraph, Nov. [6] Organisation for Economic Co-operation and Development, Caring forFrail Elderly People 15 (1996). Brown, ed., 1988).MEPS Demand Equal Opportunities for People with Disabilities, European Reports, April 1 , 1997.Alf Morriss, All the Help Parliament Prescribed, Times, May 26, 1997.Organisation for Economic Co-operation and Development, Caring for Frail Elderly People (1996).Claire Pasmore, Let your fingers do the talking, Independent, May 25, 1997, Comment.Genevieve Pinet, Is the Law Fair to the Disabled? [28] Organisation for Economic Co-operation and Development, supra, 33. Organisation for Economic Co-operation and Development,supra, 27. by the middle of the 198 s, it had become obvious, asthe European Economic Commission pointed out in 1986, that "the trend in social security no longer involves the extension of coverage to new categories of beneficiaries or higher benefits. In 1997, the British Parliament rejected by a vote of 234-89 aDoctors Assisted Dying Bill.[52] Chapter III of the Report of the Fourth World Conference on Womenheld in Beijing on Sept. Doc A/4354(1959). According toKavanagh, Bill Gates, the Chairman of Microsoft, recently said: "anyonewith limited mobility . Private owners of premiseswere included. [are] deprived the right of self-determination" [and] socially inflicted deprivation is especially acute for the mentally handicapped."[55] Probably no other group in world society is more talked about largelyin hortatory language by international bodies, yet most often neglected inpractice than the disabled. . As people retire earlier, basic pension benefits are becomingavailable before age 65, in Germany men at 63 and women 6 and in GreatBritain men at 65 and women at 6 .[17] Offsetting this trend are theimposition of restrictions on the indexing of pension benefits and inincreased taxation of pension, unemployment, sickness and other benefitpayments. Kisberg, 1994).Jill Herman, Campaigners for disabled reject plan to cut benefits, Times, Nov. In Germany, Marcovits & Halfman say the heyday of social democratic"compassion," a term used by Social Democratic leader Willy Brandt, was in1969-1973. Brown, Ed.,1988). [26] Macdonald & Wastell, supra. France, in Kisberg, supra, 1 8. Boldy, eds., Aging in Place with Dignity International Solutions Relating to the Low-Income and Frail Elderly (1993).Malcolm L. GAOR, Supp. The EC Council has adopted a number of complimentary resolutions, oneissued in 1974 on the vocational rehabilitation of the handicapped, anotherin 1981 on the social integration of handicapped people and it in May, 1982set up a Bureau for Action in Favor of Disabled People.[6 ] Article 15 ofthe Protocol to the EC Social Charter of 1992 issued regulations concerningthe right of disabled persons to vocational training, rehabilitation andsocial reintegration and promoted the acceptance of more disabled childrenin EC public schools. A. 4-15, 1995 noted that "with the increase in lifeexpectancy and the growing numbers of older women, their health concernsrequire special attention."[53] Rights and Protection of the Disabled Disabled persons include not only the elderly but persons of all ageswho are defined in section 1(1) of the British Disability DiscriminationAct 1995 as persons with "a physical or mental impairment which has asubstantial and long term adverse effect on his or her ability to carry outnormal day-to-day activities." According to a 1997 report by the EC Commission on Communication onEquality of Opportunity for People with Disabilities, 37 million disabledpersons live within EC.[54]In commenting on the situation of disabled persons world-wide, Pinet's 199 book for the World Health Organization states: "The integration of disabled persons in their community is far from satisfactory in most cases . [14] Brewster & Teagre, id., 54. [45] Organisation for Economic Co-operation and Development, supra, 13. [36] Anthea Tinker, The Role of Very Sheltered Housing for FrailElderly People: The Case of Great Britain, in AGING IN PLACE WITH DIGNITYINTERNATIONAL SOLUTIONS RELATING TO THE LOW-INCOME AND FRAIL ELDERLY 72-73(Leonard Heumann & Duncan P. [74] Why government should think again on benefit cuts, Times, Jan. [57] G.A. As OECD put it, one facet of theproblem is that "the prevalence of disability conditions increases sharplyafter age 75, and the consequent loss of independence in daily activitiesleads to corresponding growth in the need for care."[21] Lashmar says thatin Great Britain, "the number of people over 6 who are either physicallyor mentally impaired in their ability to look after themselves will grow bytwo-thirds in the next 35 years or so."[22] The traditional British approach was to rely on families to care forthe elderly. . Prior to the mid to late 197 s,socialist governments or socialist led coalitions dominated the politics ofWestern Europe. In1974, a Minister for the Disabled post was established. [71] Claire Pasmore, Let your fingers do the talking, Independent, May25, 1997, Comment. CASERegina v. [52] Dyer, id. 2856, 26 U.N. As Western European populations age and health carecosts continue to escalate, the EC countries have tried differentapproaches to contain public costs while at the same time assuring adequatelevels of benefits for the elderly. Boldy, eds., 1993).Catherine Tunissen & Matt Knappen, The National Context of Social Innovation-The Netherlands, in Pynoos & Liebig, supra, 7.Barbara Wall, Some Long-Term Plans for Long-Term Care Preparing Now to Meet Old-Age Needs Later, International Herald Tribune, April 5, 1997.Why government should think again on benefit cuts, Times, May 2, 1997.----------------------- [1] Victoria Macdonald & David Wastell, Who will pay for old age?Millions of old people haven't made provision for long-term care. Liebig, Policies, Trends and Implications, in HOUSING POLICY FOR FRAIL ELDERS INTERNATIONAL POLICIES, PERSPECTIVES & PROSPECTS 1-18 (Jon Pynoos & Phoebe S. Brown, Remaking the Welfare State: A ComparativePerspective, in REMAKING THE WELFARE STATE 6, (Michael J. Res. [42] Baldock, supra, 53. 424. [47] Cowie, supra. 4, 1997. Liebig, eds.,1995); Netherlands, 12.4 percent over age 65 in 1989, and an estimated 2 percent in 2 2 , Catherine Tunissen & Matt Knappen, The National Context ofSocial Innovation-The Netherlands, in Pynoos & Liebig, supra, 7. Brown, Remaking the Welfare State: A Comparative Perspective, in REMAKING THE WELFARE STATE 3-28 (1988).Ian Cowie, Money-Go-Round: Families hope for a break talk of help aside, Ian Cowie looks at the reality for carers, Daily Telegraph, Oct. 11, 1997, Home Page.Europe and its elderly people, (Council of Europe, 1994).European Economic Community, Report on Social Development (1986).Government is accused of complacency on disability, Irish Times, May 2, 1997.Georg Gottschalk, Housing and Supporting Policies for Frail Elders in Denmark, in HOUSING FRAIL ELDERS INTERNATIONAL POLICIES, PER5SPECTIVES & PROSPECTS 19-43 (Jon Pynoos & Phoebe S. 1386, 14 U.N. The Court said that the reductionin government aid was properly used by the council in assessing need andwhat services it could provide. [67] Brian Doyle, Enabling Legislation or Dissembling Law? In addition, the emphasis has moved from costly nursing homes to noninstitutional care settings, resulting in the creation of new kinds of housing that combine housing and services and the development of comprehensive medical, social and personal-care services."[34] After experiencing a 46 percent reduction in home building subsidieswhich were offset by a 49 percent increase in cash transfers for socialsecurity and health expenditures between 1979 and 1985, the Britishgovernment gave its support to the construction of specialized housing tomeet the needs of the indigent elderly.[35] According to Tinker, itsubsidized the construction of "sheltered housing (bungalows or apartments)for elderly people that are grouped together with a resident warden,communal facilities, and an alarm system," and "very sheltered housing thathas more provision or a greater level of care than ordinary shelteredhousing" including "provision of meals, extra wardens, domiciliaryassistance or additional community facilities."[36] The primary financialburdens of construction have been shifted to local authorities who aregiven limited grants by the central government and local associations andcontractors who are given tax breaks. OECD says that in France, "at the end of the198 s persistent problems . [4] Jordan I. [54] MEPS Demand Equal Opportunities for People with Disabilities,European Reports, April 1 , 1997. Under the German Basic Law (Constitution) the federal government hasa social obligation to assist all citizens to take their place inprofessional life and in society. 4(1) of that act prohibiteddiscrimination against the disabled in all aspects of employment practices.Unlike, however, comparable federal legislation in the United States, theonly remedy of dissatisfied employee or prospective employee was to file aclaim with an industrial tribunal. The percentage of thepopulation 65 or older in the world increased from 6.5 percent in 1985 toan estimated 9.7 percent in 2 25.[4] However, the comparable figures forselected EC nations are much higher, in the 12-15 percent and 2 -3 percentranges, respectively.[5] Because of lengthening life expectancy, thefastest growing generation in Western Europe is the over 8 group, which isexpected to grow by 2 percent in Western Europe, 4 percent inSwitzerland and 6 percent in Finland, between 196 and 2 4 .[6] (2) Because of diminishing family ties and changing life styles(fewer and later marriages, fewer children and more divorces), more andmore elderly people are living alone.[7] (3) Because of economic downsizing or out of choice, more and more ofthe elderly are retiring before the age of 6 . [46] Cowie, supra. Baldock saysthat "in recent years, the voluntary organisations have increasingly foundthemselves pulled into financial partnerships with government, [which]prefers to contract for the administrative provision of services."[42] Hesays the basic problem is a shortage of public funds and "a pattern ofhidden need and silent neglect."[43] According to Johnson, under the 1993National Health Services and Community Care Act, primary responsibility forhome health care has been shifted to local authorities and local socialsecurity departments "became principally contractors or purchasers ofservices rather than direct providers."[44] OECD says that "by the end of the decade [198 s], family carers hadbecome as important in these discussions as elderly people themselves."[45]Great Britain and Finland have followed an innovative approach inattempting to ease the financial burdens of care providers, called'carers.' These include tax breaks and the British 37.35 pounds a weekInvalid Care Allowance for those aged 15 to 65 who leave work to care fordisabled relatives.[46] It used to be that a claim for this allowance couldbe retrospective by as much as a year but this has been cut to three monthsand the new Labour government has suggested a one month limit.[47] The variation of home health care provided in EC can be seen from thefollowing chart of the percentage of the elderly who received health care: Denmark 17% (1991) Norway 14% (1991) Britain 13% (1991) Netherlands 8% (199 ) France 7% (1985) Ireland 3% (1991) Spain 2% (1994) Germany 1-3% (1991) Italy 1% (1991)[48] Legal Assistance. Doc A/81 (1948). Doc. In Britain, the first Thatcher government pegged pensions toprices not wages. 1 (World HealthOrganization, 199 ). 217, U.N. Kisberg, 1994).Fred Karl, Germany, in INTERNATIONAL HANDBOOK ON SERVICES FOR THE ELDERLY 125-137 (Jordan I. 75, subsec. 22, 1997.Stanley S. 3, 1997. [51] Krishna Guha, Smart Money, Financial Times, March 26, 1997. Most of thenations of Western Europe provide extensive protection for the elderly and,to a lesser extent, the disabled, but a combination of fiscal, economic anddemographic pressures render them unable to maintain, let alone expand,those benefits just as the aging of their populations is rendering asignificant number of the elderly and the disabled more vulnerable. According to Pynoos & Liebig, "greater understanding of the characteristics of frail elders has led to housing tailored to their diminished capacities and need for greater assistance. Children with disabilities are too often confined to life in institutions that are more custodial than educational. [31] Id. OTHER SOURCESPeter Baker, Workplace: Given the sack for a club foot. OECD says the French government pays for themedical component of long-term care, but requires the user to pay room andboard and that in Germany, "nursing home costs must be met in full byelderly people with income or assets above the social assistancelevels."[28] OECD says that generally, "It would appear that only gradually, and with some reluctance, did public authorities in most OECD countries accept a greater share of a responsibility traditionally seen as residing with the family."[29] In response to public criticisms, the Conservative government in 1992-1993 proposed a Partnership for Care in Old Age under which the governmentwould disregard 1.5 pounds in private assets for every pound of privateinsurance covering long-term care. Insurance deal will stop elderly being forced to sell their home, Daily Express, March 1, 1997.Cecilia Henny, Integrating Physical and Social Planning at the Neighborhood Level in Sweden, in AGING IN PLACE WITH DIGNITY INTERNATIONAL SOLUTIONS RELATING TO THE LOW-INCOME AND FRAIL ELDERLY 125-138 (Leonard Heumann & Duncan P. In 1997,Barclay's Bank was forced to refund 4,462 pounds in bank charges which wereassessed on a 9 year old women who had neglected to transfer funds fromone account to another to cover her checks.[49] Dyer says that "proposalsbeing considered by the Lord Chancellor form part of a package of reformsto give relatives, careers and the courts greater powers to take decisionson behalf of those incapable of deciding for themselves."[5 ] A special lawpassed in 1996 protects disabled elderly persons from being ripped off bydesignated carers with respect to their share of cash or shares issued whenbuilding societies convert to banks, another reported abuse.[51]Physician-assisted suicide laws have been approved in the Netherlands andSweden. In 1985 an amendment to building regulations required thatall public buildings and lavatories must be accessible to the disabled. [39] Organisation for Economic Co-operation and Development, supra, 37. . [24] Organisation for Economic Co-operation and Development, supra,183. Various enabling statutes, including theNational Health Service and National Assistance Acts and Education Acts of1944-1948, the Chronically Sick and Disabled Persons Act of 197 and theMental Health Act of 1983 extended further benefits and assistance to thedisabled. Just as their cause has aroused public concern,fewer funds are available to cover many social needs. [59] Stanley S. In one, a woman with a club foot was dismissedand a second woman with chronic fatigue was sacked. Disability Discrimination Act (1995). [11] Jon Pynoos & Phoebe S. [2] European Economic Community, Report on Social Development (1986),quoted in Michael J. [37] Johnson, supra, 165. No public assistance for long-term care is available topersons with more than 16, pounds of net assets and benefits are reducedfor persons with net assets of from 1 , to 16, pounds.[27] One resultof means testing is that more than 4 , homes have been sold to defraylong-term costs. [34] Pynoos & Liebeg, supra, 1. Res. Liebig, eds., 1995).Krishna Guha, Smart Money, Financial Times, March 26, 1997.Help at last for old fold. The statecannot foot the bill, so what is Labour going to do? Marcovits & Jost Halfman, The Unraveling of West GermanSocial Democracy, in Brown, supra, 1 4. 24, 1997. 4-15, 1995).Paul Slade, Protecting the elderly Paul Slade reports on problems that can face older people who are no longer fully able to cope with their own financial affairs, Sunday Telegraph, August 24, 1997.Robert Taylor, Disability job rules face review, Financial Times, Dec. The French have special funds to care for disabled veterans. [27] Wall, supra. Insurance deal will stop elderly beingforced to sell their home, Daily Express, March 1, 1997. [33] Organisation for Economic Co-operation and Development, supra, 33. 9, 1997.Andrei S. 29) 99, U.N. . 2.German Basic Law (Constitution). Improvements in technology offer hope for the disabled. Disabled person, whatever the origin, nature, seriousness of their handicaps and disabilities have the same traditional rights as their fellow-citizens of the same age, which implies first and foremost the right to enjoy a decent life, as normal and full as possible."[58] The General Assembly declared 1981 the Year of the Disabled Person,prompting skeptic Herr to point out that the United Nations' expenditureson that project of $1 million worked out to less than three cents for eachof the 45 million plus disabled persons in the world.[59] It later namedthe 198 s the Decade of Disabled Persons. 3, 1998, Feature Page.Bill 'eases' voting for the disabled, Irish Times, May 2, 1997.Chris Brewster & Paul Teagre, European Community Social Policy ItsImpact on the UK (1989).Michael J. In the 199 s and beyond, various demographicfactors were making it more difficult for the EC states to avoid cutbacksin funding for the sustenance and care of the elderly: (1) A combination of improved medical care and declining rates offertility were resulting in an imbalance between the financial resourcesbeing generated by those employed and the financial drains upon the systemrepresented by a more numerous aging generation. [16] Ian Cowie, Money-Go-Round: Families hope for a break talk of helpaside, Ian Cowie looks at the reality for carers, Daily Telegraph, Oct. (No. (No. [77] Paul Cullen, Referendum sought on barring discrimination againstdisabled people, Irish Times, May 2 , 1997, Home News. Some of these international pronouncements areas follows: (1) Article 25-1 of The Universal Declaration on Human Rights, G.A.Res. . Boldy, eds., 1993). ., waiting lists for service andunbalanced geographical provisions."[41] The British government follows apolicy of 'provider pluralism,' in which primary reliance is placed on co-operation between local authorities and voluntary authorities. [5] Denmark, 7.8 percent over 65 in 194 , 15.6 percent in 199 and anestimated 2 percent in 2 3 , Georg Gottschalk, Housing and SupportingServices for Frail Elders in Denmark, in HOUSING FRAIL ELDERS INTERNATIONALPOLICIES, PERSPECTIVES & PROSPECTS 23 (Jan Pynoos & Phoebe S. Brown (ed.), Remaking the Welfare State (1988).Michael J. The Government believes that the principal responsibility for making that provision must rest with the individual citizen."[3 ]Parliament took no action on this proposal. [6 ] Pinet, supra, 2-6. [44] Johnson, supra, 164. 1 ) 19, U.N. Nations such as those of northern Europe which already hadwell developed programs in place have an advantage over poorer countries.Many nations, especially Great Britain and Germany, are turningincreasingly to the private sector and are decentralizing authority forsuch programs to local levels. Austerity policies barely allow existing levels of protection to be maintained where they do not impose drastic cuts in social security budgets."[2] Retrenchment in social services and funding therefor came about as aresult of the economic stagnation of the 197 s and thedemands of a more competitive global economy. The purpose of stateintervention is to ensure that they can take a full part in the life of thecommunity to the maximum extent possible."[65] English charities and government assistance to the physicallydisabled dates back at least as far as the enactment of the ElizabethanPoor Laws of the early 16 s. In the late 198 s, Brown reports that "all European welfarestates continued to favor the elderly as they had during the first phasesof retrenchment."[3] Demographic Factors. [22] Lashmar, supra, 6. Theinstitutionalization of social rights in those states primarily benefittedthe working and lower income classes. Kisberg, International Handboook on Services for theElderly xv (1994). Herr, Rights of Disabled Persons: International Principles and American Experiences, 12 Columbia Human Rights L. 1992). Prior to 198 the West German government lowered pension benefits by postponing indexation or charging the method of calculated, limited access to unemployment benefits, and shortened the duration of benefits, imposed individual fees for some health services, and did not adjust social assistance benefits for the poor in accordance with inflation."[19] Although basic national health insurance programs remain intact, acommon trend through the EC countries in the face of rising health carecosts and public deficits is the increased use of extra charges and feesfor particular services. In a liberal House of Lords ruling, a deafperson was held to be entitled to a higher benefit to pay for a signlanguage interpreter in order to permit her to engage in social activities.Pasmore said the case involves the issue: "what is a reasonable level ofsocial activity," for which the public should be charged.[71] Morriss says that disability benefits have been frozen atreal levels of 198 . 11, 1997, Home Page. 12, 1997, Euronews, p. . 34) 92, U.N. 3,1998 Feature Page. In 1992, Spain has announced the initiation ofa National Elder-Care Plan and the Irish propose to do the same.[4 ] The French and British home health care programs have come in fortheir share of criticism. [55] Genevieve Pinet, Is the Law Fair to the Disabled? 217, U.N. [25] Barbara Wall, Some Long-Term Plans for Long-term Care PreparingNow to Meet Old-Age Needs Later, International Herald Tribune, April 15,1997; the 2.4 year estimate comes from Macdonald & Wastell, supra. [41] Organisation for Economic Co-operation and Development, supra,131. However, between 1979 and 1997,the Conservative Party led by Margaret Thatcher and later John Major,sought to dismantle portions of the welfare state, principally byprivatizing many formerly nationalized state enterprises, reducing thepower of the trade unions, adopting austerity budgets to bring inflationand public deficits under control, restricting immigration and initiatingother market-oriented reforms and shifting a greater share of the burden ofsocial services onto local government and the private sector. In many cases, disabled children and adults are still excluded from school because of their limited mobility or because those responsible for them are not sufficiently aware of their abilities and potential. . In the post-1975 period, austerity measures which began underChancellor Brandt's successor, Helmut Schmidt, and continued by later moreconservative regimes, were produced by "a continued slowdown in WestGermany's economic growth, concomitantly rising unemployment, and seriousstructural problems in some 'smokestack industries," all greatly aggravatedby the financial burdens produced by the post-Cold War unification ofGermany.[1 ] In Scandinavia, center-right coalitions, such as the one which tookpower in Sweden in 1976, have generally promoted austerity policies, butwithout rolling back established social programs to any material extent.Pynoos & Liebig say that "the Scandinavians, well known for their extensivesystem of welfare assistance, are beginning to rely more on localgovernment and the private sector."[11] France for a time resisted the general European trend to the right,but it, too, has been dominated by center-right coalitions since what Browncalls "the palpable failure of [Francois] Mitterand's brand of socialism"in the 198 s.[12] EC Social Policies. Liebeg, eds., 1995).Report of the Fourth World Conference on Women, Chapter III (Sept. [64] Pinet, supra, 115. Pinet says that "the integration of disabled persons into society isthe general aim of Finnish social policy."[63] Finland has an especiallyliberal program for providing psychological counseling, day centers andpersonal help at home for disabled children. [61] MEPS, supra. [12] Brown, supra, 3. Switzerland under its Federal Disability Insurance Act of 196 provided special schools, vocational rehabilitation, protected workshopsand pensions for the disabled. GAOR, Supp. (World Health Organization, 199 ).Jon Pynoos & Phoebe S. [73] Blair seeks to mollify critics over disabled costs, Agence France-Press, Dec. [17] Fred Karl, Germany, in Kisberg, supra, 127; and Johnson, supra, inKisberg, supra, 154. [49] Paul Slade, Protecting the elderly Paul Slade reports on problemsthat can face older people who are no longer fully able to cope with ownfinancial affairs, Sunday Telegraph, Aug. [68] Alf Morriss, All the Help Parliament Prescribed, Times, May 26,1997. Another approach, favored by the British and many other Europeangovernments, are policies alternatively labelled Aging in Place, Maintien adomicile and Community Care. Similar programs are in effect in France under the Disability Act of3 June 1975. One of the problems was thehigh cost of such insurance, 34, pounds of coverage costing a lump sumpremium of 5, pounds or 5 pounds a month, and the tendency of privateinsurers to 'cherry pick' low risk beneficiaries and ignore the rest.[31] Aspokesman for ARP 5 , a private charity, calls it "long-term pay and short-term coverage."[32] Only 2 , private long term care policies had beensold through October, 1997. . (No. 1961.Maastricht Treaty on European Union, signed 7 Feb. National Health Services and Community Care Act (1993). Lippan commented in 1972 that "during the 196 s, Americansdiscovered that the Scandinavian countries were much further advanced thanwe were in the care, education and rehabilitation of the mentallyretarded."[62] Sec. Some observers believe that while nationalgovernments have shifted to the right, EC authorities have had as theirsocial policy objective, according to Brewster & Teagre, "the harmonisationand the progressive upgrading of standards in employment practices and inthe labour market more generally amongst the member states."[13] They saythat the 1957 Treaty of Rome reflected a "minimalist approach" to socialpolicy.[14] Under EC policy directives issued pursuant to the EuropeanSocial Charter signed in Torino on October 15, 1961, EC has taken a numberof initiatives relating to the rights of the disabled which are discussedbelow, but matters relating to the care of the elderly have almost entirelybeen left to the member governments. [3] Brown, id., 14. The state cannot foot the bill, so what is Labour going to do? [76] Bill 'eases' voting for the disabled, Irish Times, Jan. . . The Netherlands has provided for the disabled extensive schools,liberal medical assistance, subsidies for the cost of converting homes fortheir use, special employment protections, and free parking and freetravels on railroads and local transportation systems. [66] Robert Taylor, Disability job rules face review, Financial Times,Dec. Under Article 1 of the First Book of theSocial Code, "any person suffering from a physical, mental or emotional disability or exposed to the risk of such disability shall be entitled to the help that he or she needs in order to: -avert, eliminate, improve, prevent any deterioration in or to mitigate the consequences of such a disability; -guarantee him or her a place in society, in particular in a work environment appropriate to his or her inclinations and capabilities." These obligations are stated to be the responsibility of the whole community and not merely the government.[64] Pinet says that "disabled people have the same fundamental and civilrights as any other United Kingdom citizen. Mental Health Act (1983). 4, 1997.Paul Cullen, Referendum sought on barring discrimination against disabled people, Irish Times, May 2 , 1997, Home News.Brian Doyle, Enabling Legislation or Dissembling Law? Disabled persons were not afforded anyprivate claim of action for discrimination. . [3 ] Help at last for old folk. Observer,July 13, 1997, Business Page. and the right to security in the event of unemployment, sickness, disability, widowhood, old age or lack of livelihood in circumstances beyond his control." (2) Article 5 of the 1959 Declaration of the Rights of the Childadopted by the United Nations General Assembly states that the child who isphysically, mentally or socially handicapped "shall be given the specialtreatment, education and care required by his particular condition."[56] (3) The 1971 Declaration on the Rights of Mentally Retarded Personsprovides that no person on grounds of mental retardation should be deniedthe fundamental rights others enjoy, to health, educational andrehabilitation services, work and economic security, participation incommunity life, personal security against "exploitation, abuse anddegrading treatment" and "proper legal safeguards" should be provided tothe mentally retarded.[57] (4) The 1975 Declaration on the Rights of Disabled Persons statesthat they are entitled to measures enabling them "to become as self reliantas possible" and that will "hasten the process of their integration orreintegration" and in Article 3 thereof that "Disabled persons have the inherent right to respect for their human dignity. [2 ] Organisation for Economic Co-operation and Development, supra,134. [69] Id. The disabled are still getting a raw deal in the office despite attempts by a new Act to outlaw discrimination, Daily Telegraph, March 15, 1997, p. 1 ) 19, U.N. 3447, 3 U.N. (No. [48] Organisation for Economic Co-operation and Development, supra, 62. [29] Id. 3447, 3 U.N. A/8429 (1971).European Social Charter signed in Torino, 15 Oct. (No. 1 .Laws of Sweden Social Services Act of 1982.Laws of Switzerland Federal Disability Insurance Act of 196 . 29) 99, U.N. 9, 1997. (No. GAOR, Supp. 8.John Baldock, England and Wales, in HOUSING POLICY FOR FRAIL ELDERS INTERNATIONAL POLICIES, PERSPECTIVES & PROSPECTS 45-69 (Jon Pynoos & Phoebe S. Kisberg, 1994).John Kavanagh, Gates delivers a whole new spec for the disabled, Times, Dec. . Doc A/81 (1948) states: "Everyone has the right to standard of living adequate for the health and well-being of himself and of his family . Rev. 78 (Jan. Lippan, Attitudes Toward the Handicapped A ComparisonBetween Europe and the United States vi (1972). In 1997, the European Parliament called onnegotiators to add a non-discrimination against the disabled to theMaastricht Treaty, arrange for 51 percent representation at Commissionconferences, set up preferential recruitment quotas and called on theCommission "to bring forward a new action programme in support of disabledpeople."[61] Actually, a number of EC nations, since the 194 s and 195 s,especially in Scandinavia, have been world leaders in assisting thedisabled. [43] Id., 45. 1997). Millions of old people haven't made provision for long-term care. Res. A/8429(1971). In France, for example, 7 percent of the age 6 to 64 group was working in 1962, but only 25 percentin 1988, 4 percent of the age 6 -65 group in 1962 but only 8 percent in1988.[8] According to Johnson, in Great Britain "working beyond the age of65 became less common over the two decades after 1971."[9] Political Shifts to the Right. She opted out of the SocialProtocol (Agreement on Social Policy, Maastricht, 7 Feb. Boldy, eds., 1993).Jean-Claude Henrard, France, in INTERNATIONAL HANDBOOK ON SERVICES FOR THE ELDERLY 1 4-123 (Jordan I. ."[78] Conclusion The challenge of providing adequate levels of benefits for theelderly and the disabled in the EC is complicated by the limitedavailability of public funds for such purposes in an age of austerity, achallenge which must be met to meet the needs of increasingly agingpopulations. An important step forward was the enactment of the DisabilityDiscrimination Act of 1995. Liebig, Policies, Trends and Implications,in Pynoos & Liebig, eds., HOUSING POLICY FOR FRAIL ELDERS INTERNATIONALPOLICIES, PERSPECTIVES & PROSPECTS 18 (1995). Johnson, Great Britain, in Kisberg, supra, 157. [78] John Kavanagh, Gates delivers a whole new spec for the disabled,Times, Dec. 1992.Declaration of the Rights of the Child, G.A. TheDisability Discrimination Act 1995, 6 Modern L. can appreciate the net and electronic databases . [63] Pinet, supra, 69. Doc. [72] Jill Herman, Campaigners for disabled reject plan to cut benefits,Times, Nov. In Denmark in the 198 s, subsidies for medical anddental care were reduced. Challenges Facing Welfare States in the EC Expansion of the Welfare State. The focus has shifted, therefore, from 'bricks and mortar' to more environmentally supportive housing augmented by long- term care services. Doc. Taylor says the new Labour government is studying whetherthis threshold should be lowered.[66] Sec. Both had their claimsupheld by the tribunal.[7 ] One of the problems disabled claimants face isthat if they are not union members, they cannot afford representation whichis not provided by the state. Res. Res. [58] G.A. [21] Organisation for Economic Co-operation and Development, supra, 19. Disabled Persons (Employment) Act (1944). Rev. 64-78 (Jan. CONSTITUTIONSConstitution of Denmark, sec. During the prosperous post-wardecades of the 196 s and early 197 s, the social democracies of WesternEurope made substantial progress toward their goal of establishing anextensive system of social security for their citizens. [65] Pinet, supra, 326. . National Health Services and National Assistance and EducationActs of 1944-1948. 7.Jordan I. [13] Chris Brewster & Paul Teagre, European Community Social Policy ItsImpact on the UK 51 (1989). [4 ] Europe and its elderly people 31 (Council of Europe Press, 1994);and Organisation for Economic Co-operation and Development, supra, 36. Liebig, eds., Housing Policy for Frail Elders International Policies, Perspectives & Prospects (1995).Jon Pynoos & Phoebe S. [23] Baldock, supra, 45. A 1997 report by the official Council on theStatus of People with Disabilities contains 4 2 recommendations "forfundamental and radical change in the approach to disability."[75] Pollingbooths recently added braille templates to enable the blind to vote.[76]The Irish Supreme Court recently ruled that the Employment Equality Billwhich outlawed discrimination against the disabled in employment wasunconstitutional.[77] The struggle between conservative and liberal forcesin Ireland over the rights of the disabled is regularly reported on in theIrish press. Lippan, Attitudes Toward the Handicapped A Comparison Between Europe and the United States (1972).Victoria Macdonald & David Wastell, Who will pay for old age? The Swedish Social Services Act of 1982 stresses "respect forthe right of people to make their own decisions and for individualintegrity."[38] According to OECD, Denmark has stopped the construction ofall nursing homes and "initiated a programme of converting [many of] theexisting homes into individual apartments or other specialized facilities,"such as convalescent homes.[39] The Scandinavian and Benelux countries have been in the forefront ofthe movement to provide more comprehensive home health care and communityservices for the elderly. 4, 1997.Anthea Tinker, The Role of Very Sheltered Housing for Frail Elderly People: The Case of Great Britain, in AGING IN PLACE WITH DIGNITY INTERNATIONAL SOLUTIONS RELATING TO THE LOW-INCOME AND FRAIL ELDERLY 71-82 (Leonard Heumann & Duncan P. A 1994 publication by the Council of Europe in1994 said that "out-patient care for the elderly is best in Denmark,Netherlands and Sweden" and less comprehensive in the poorer countries ofsouthern Europe and Ireland. Victoria Macdonald andDavid Wastell examine its options, Sunday Telegraph, Nov. [7] France, 16 percent in 1954, 28 percent in 199 , Spain 1 percent in197 , 2 percent in 1988, the United Kingdom, 12 percent in 1945, 38percent in 1991. [7 ] Peter Baker, Workplace: Given the sack for a club foot. So how come very few of us feel better off? The first step to protect the disabled in employment was the DisabledPersons (Employment) Act of 1944 which provided that all employers with astaff of 2 or more had to employ a 3 percent quota of disabled persons. [8] Jean-Claude Henrard. [38] Cecilia Henny, Integrating Physical and Social Planning at theNeighborhood Level in Sweden, in Heumann & Boldy, supra, 125. 1386, 14 U.N. [5 ] Clare Dyer, Reforms will aid elderly 'living wills' may gain forceof law, Guardian, Dec. The result is a painful period oftransitions, as new funding and administrative techniques are tried, and co-ordination among the many public and private agencies involved is improved.The disabled still rank low on national priorities in many countries,despite all the public ballyhoo in the United Nations, the halls of theEuropean Commission and the European Parliament and in the press. In 199 , 465,675 of such units wereconstructed in Britain, three fourths of which were provided by localauthorities.[37] The Scandinavian countries have gone in for this type of effort on amajor scale. 22, 1997. Doc A/4354 (1959).Declaration on the Rights of Disabled Persons, G.A. That law applied to the same 2 of more staffgroup of employers which exempted 96 percent of employers but covered 83%of all employees. Gloucestershire County Council, ex parte Barry House of Lords (2 March 1997). [62] Leopold D. As Health Secretary Stephen Dorrellexplained the proposal: "As life expectancy increases, it becomes progressively more important to ensure a sufficient provision is made to enable people to enjoy a comfortable and fulfilling retirement. If this paper is not what you are looking for, you can search again: Search for: or Click here to request an essay written just for you.