Legal Protection of Elderly people in Risaralda (2016-2018) from the Perspective of the Social Rule of Law

Abstract

The main objective of this research article is to analyze the effectiveness of the regulations and jurisprudence for the protection of the minimum subsistence of elderly people in the department of Risaralda during the period 2016-2018. Aging is a natural human process in which there is a deterioration of psychomotor and inter-subjective capacities that, in terms of quality of life and dignity, generates a condition of vulnerability and therefore an urgency for care and attention. This reality makes it necessary to demonstrate the fulfillment of objectives by the Colombian State in relation to this challenge. Insofar as it is the guarantor of the rights related to the protection and inclusion of the elderly as a special group in a society that defines itself according to the principles of the social rule of law and redistributive justice, the State must strive to guarantee the minimum level of subsistence requirements of this population. Objective: to determine the level of protection of the minimum subsistence of elderly people as subjects of special constitutional protection in relation to public policy for aging and older adults attached to public institutional care centers in the department of Risaralda. Methodology: the selected approach was socio-legal with a mixed method. The data collection techniques and instruments were applied based on the analysis and review of documentary sources of the standard and jurisprudence. The initial categories proposed are "minimum subsistence," "fundamental rights" and "social justice." Results: it was evidenced throughout the methodological application that, although in the legislation there is a whole regulation of norms in protection of the minimum subsistence and the rights of said population, it is not evident how well they are cared for, since the different statistics show that the best protected older adults, with a good quality of life are those who are part of private homes. Conclusions: there is no coverage regarding the guarantee of the minimum subsistence for seniors who are in vulnerable conditions in public homes, as a series of legal and procedural requirements are established for access to government aid, and most do not comply with said required parameters, which in some way evidences an affectation of the constitutional principles and rights on the part of said state function.