The Human Rights Approach of the European Union (EU) to the establishment of a legal system designed for older persons.

Although the protection of elderly persons is generally regarded as a human-rights concern, and the elderly are regarded as holders of rights, and no longer as passive recipients of care, the legislative framework in Europe is quite fragmented. There have however been some moves towards uniformity both according to this human-rights-based approach to disability under the United Nations Convention on the Rights of Persons with Disabilities as well as within the ambit of the Council of Europe, with many countries introducing the concept of “continuing powers of attorney” in the wake of the adoption of Recommendation no. 99. In order to resolve the differences between the various Member State legislation and to enable the different forms of protection to be more readily identifiable, a good strategy could be to obtain the ratification of the Hague Convention on the Protection of Adults by all EU Member States, coupled with the adoption of additional legislative measures by the EU in the area of judicial cooperation in civil matters, especially in the area of mutual recognition. This would help to establish greater legal certainty for elderly people in cross-border situations compared to the current position. A legislative act at EU level, adopted on the basis of Article 81(2) TFEU, would present considerable added value in effectively completing the existing international and European legal framework for the protection of elderly people.