Community Legal Centres Queensland believes that an individual’s entitlement to human rights does not deteriorate with age but rather that these rights require protection at all stages of life. Community Legal Centres Queensland draws support from this from article 2.1 of the International Covenant on Civil and Political Rights.
Community Legal Centres Queensland supports human rights advocacy for older adults and recognises the impact of age discrimination on the recognition and observance of these rights. Community Legal Centres Queensland also supports the Age Discrimination Act 2004 (Commonwealth) which helps to ensure that people are not treated less favourably on the ground of age in various areas of public life including in employment, the provision of goods and services, in education and the administration of Commonwealth laws and programs.
Community Legal Centres Queensland promotes
- priority being given to the best interests of older persons in any decisions made with respect to them; where there is capacity, best interests to be determined by the older adult; where capacity is impaired, by a focus on assisted rather than substitute decision making wherever possible
- equity of services, including legal advice and representation, for older persons;
- provision of information and facilitation of independent decision-making;
- Funded separate older persons service to promote access to justice and to provide early intervention in matters of financial exploitation
- Access to legal representation at QCAT – s 3 QCAT Act – in all proceedings to determine capacity and in forced detention cases.
- Providing information about legal rights and options - however the client chooses solutions if capacity
- Government acknowledgment through policy and funding of importance of CLE in retirement villages, nursing homes, community groups and service providers to older adults to provide information and increase awareness amongst older adults of legal rights
Listed below are a range of research papers, submissions, news articles and items of interest that provide additional information on this subject area.