Charter Of Rights Of Older Persons Protection And Enhancement Of Their Role In Society '

Original Language Title: Carta Dei Diritti Delle Persone Anziane Tutela E Valorizzazione Del Loro Ruolo Nella Societa'

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Microsoft Word - D001-2008.doc SAN MARINO We the Captains Regent of the Most Serene Republic of San Marino Having regard to Article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law n.186 / 2005; Promulgate and publish the following ordinary law approved by the Great and General Council at its meeting on 21 December 2007. LAW 7 January 2008 Ranked # 1 CHARTER OF RIGHTS OF THE ELDERLY PROTECTION AND ENHANCEMENT OF THEIR ROLE IN SOCIETY TITLE I SCOPE, AIMS 'AND TOOLS Art. 1 (Purpose) 1. this law, according to the UN Action Plan adopted in Madrid in 2002, at the conclusion of the Second World Assembly on Ageing, and the Health Plan and Socio NHS, protecting the respect, promotes well-being and aims to prevent the states of discomfort, disease and marginalization of older people with positive actions, raising the quality and efficiency of services and benefits that, as of the customized response to the needs, in full respect for differences, exploiting the participation and protagonism of the elderly. 2. This law protects the rights of the elderly guests in residential and semi-residential, public and private structures. Art. 2 (Principles) 1. The Republic adopts and adopts the UN Principles for Older Persons proclaimed by the General Assembly of the United Nations in its Resolution No. 46 of 1991, and they conform its acts and conduct. 2. In particular, must be considered as a priority the principles of independence, participation, care, self-fulfillment and dignity of older people. 3. The Republic recognizes and respects the rights of the elderly to lead a dignified and independent life and to participate in social and cultural life of the country. 2 Art. 3 (Purpose) 1. The elderly person is recognized and valued as an important asset to the company, also according to the high contribution that can offer at any time to share knowledge of the history and traditions of the country. To this end, the Republic lays down rules for the implementation of positive measures to help keep the elderly as an active player both at home and in the society, which recognize and enhance the wealth of experience, knowledge and culture. 2. The Republic, recognizing the importance of maintaining the dignity of the elderly, also imposes the same standards to ensure the effective exercise of their rights by promoting positive measures that promote the full participation in society and restrict the conditions can discrimination by protecting and preventing conditions of deficits and long-term care. To this end it is broadly recognized the principle of subsidiarity and the social solidarity of which the elderly can be active or passive subjects. 3. The Republic protects and promotes the value of solidarity between generations. Art. 4 (Target) 1. The operations covered by this law are addressed to all senior citizens, defined as greater than 65 years, beyond their functional autonomy conditions, residents in the Republic. 2. The interventions specifically reserved for severely limited autonomy in the elderly, considering the dependent who can no longer provide for the care of oneself and maintain a normal life without the decisive help of others. The condition of dependency must be attested with appropriate by social and health assessment tools ISS In this definition may fall, and thus benefit from the same interventions, even those adults individuals severely compromised due to pathological forms with a high prevalence in the age senile. Art. 5 (instruments) 1. The Republic pursues the objectives set out in Article 3 in the context of the regulations of the sector, through the general programming tools, integrating and coordinating the programs and sectoral instruments for the realization of an overall policy in favor of the elderly population. 2. The Republic promotes the integration and coordination of activities of public, private and voluntary sectors operating in various intervention materials. Art. 6 (Criteria) 1. Without prejudice to general principles of care intervention informants, the system of interventions in favor of the elderly person to the following criteria: a) the elderly enhancement in all dimensions of his individuality; b) the elderly integration into the social context; c) promotion of actions aimed at promoting and stimulating opportunities for service, and the work of associations.
d) prevention of situations of need, including through the programming and the qualification of social policies; e) global, unity and continuity of the responses to the needs; f) specific actions and services; 3 g) joint responsibility of the elderly and of the same class. Art. 7 (Elder Rights) 1. The use of the provisions in this law the elderly person has the right in particular: a) their freedom: personal, domicile, of movement, of correspondence, emotional and sexual; b) for a thorough information on social and health services, the services offered, on the existing possibilities of choice, on the modalities of delivery of benefits; c) a socio-health care commensurate with their needs, regardless of the possibility of shared cost; d) the recognition of his living and family context as a privileged sphere of life; e) to have guaranteed an adequate income to a normal social life; f) the recognition of his professional experience even after the termination of employment; g) to involvement in social activities which recognize skilled to operate; h) to a protection from all forms of physical violence and / or morals; i) the right to enjoy and to preserve their dignity and self-worth, even in the event of partial or total loss of their autonomy and self-sufficiency; l) to keep and see respected their beliefs, opinions and feelings; m) to freely dispose of their day regarding study opportunities, information, television or radio appointments, hours of rest and meals; keeping as much as possible, even in the shelters in residential structures, daily life habits; n) to personal privacy. TITLE II POSITIVE ACTIONS FOR THE MAINTENANCE OF OLDER PEOPLE IN THE SOCIAL CONTEXT Art. 8 (The network of services) 1. The Republic, in order to prevent or limit the risks of discomfort of the elderly induced by physical or relational conditions are not satisfactory, as well as to alleviate the risks or consequences dates from no mental and physical self-sufficiency, establishing a network of services and social welfare kind or social health. Through the guidelines laid down in the social and health plans deferred, the state - without prejudice to its authority with the exercise of the tasks of inspection and control - sets the levels of essential quality that every component of the network of services must settle. 2. The network of services, referred to in the previous paragraph, is headed to the ISS and can be organized in synergy between public and private accredited and provided that an agreement in accordance with law. Such a network should include: - a single access point to refer to applications and information; - A person in charge of the case, which in the first instance will assume the responsibility to evaluate the individual needs by promoting a first response or requesting help in instances of second level. The case manager guides and monitors the user all along the care pathway; - Multidimensional team, which pertains to the person in charge of the case if there is a need for complicated or integrated socio-sanitary; - The Territorial Home Care Service; - The services and public residential and semi-residential facilities in the area and the private accredited and operates within the territory and outside the territory; 4 - the affiliated charities; - Any other subject, individual or collective, with which the ISS will enter into agreements. 3. The network performance of services will be provided prior definition of an Individual Dealership Project mainly through: - local home care interventions; - Social benefits of assistance-not home; - The provision of temporary residential shelter or long term; - Welcome in semi-residential structures; - Accommodation and apartments free of barriers. Art. 9 (Positive Actions) 1. The Republic promotes forms of mutuality, free association and self-management among senior citizens, particularly those: - contributing to the promotion of social or involvement in group activities and socializing; - Tourist-recreational and cultural; - Promoting training and education at any age and the collaborative activities of the elderly with schools of all levels; - To support the interests of the elderly in urban policies, mobility and transport, social and health services. The above with the objective of integration between generations and the integration in socially useful activities.
2. In addition to the provisions of the preceding paragraph, the Republic promotes the activities of universities for senior citizens and promotes the access of older people to written and audiovisual industry, through the promotion of agreements with public and private entities and encouraging discussion of its issues of the elderly in the world of radio and television programs. 3. In order to make urban spaces more accessible for older people and to promote personal mobility and access to general services, the Republic promotes specific initiatives for the adaptation of the transport and road system, public services and plans commercial town planning, urban design and usability of footpaths and for the removal of architectural barriers. 4. The actions referred to in this article will be implemented and activated within the three-year program mentioned in Article 11, making use of data and research carried out by competent bodies. Art. 10 (Housing) 1. The Republic, to improve the living conditions of the elderly, preventing situations of marginalization and avoiding their uprooting from their family and social environment, in the specific regulations of the sector, favors the formation of programs for the implementation of interventions in the field of residential construction, intended to make available homes that meet the needs of the elderly population. 2. As part of the housing programs, the Republic intervenes: a) to encourage the recovery or building functional homes to the needs of households made up of elderly people; b) to encourage the recovery or the construction of residential accommodation to families within which older people live. In any case, the new housing will be provided with facilities appropriate to also provide for the possibility of the construction of facilities to be devoted to services, which can make older people to remain in their homes or in their own families. 5 3. The Republic, for the pursuit of these aims, promotes agreements and agreements with housing cooperatives, social cooperatives, construction companies, associations and private individuals. 4. The purposes referred to in this article may also be pursued by promoting interventions with experimental character, within the program of this Article. Art. 11 (Programme for positive action) 1. The Great and General Council for the actions provided for in Articles 8, 9, 12 and 13 and for all the others that will be considered responsive to the purposes mentioned in the first paragraph of Article 1, when the multi-annual financial statements put the priority objectives for the elderly population in each segment, general principles for implementation of actions and related criteria and evaluation. For processing the program it consists of a special council working group, interdisciplinary, with the participation of social representatives. 2. In implementing the program in the first paragraph, the Congress of State issues appropriate directives, aimed at public and private stakeholders. TITLE III SOCIAL WELFARE MEASURES Art. 12 (Measures) 1. The social-assistance measures already under the laws in force are aimed at recovering or maintaining economic self or social of the elderly person, taking care of the integration with health services . The Republic recognizes the social context of the principle of subsidiarity, the activities of private entities when: a) improving the economic situation of the elderly in need of extraordinary interventions aimed to the installation of equipment and aids to facilitate or improve the usability of 'dwelling; b) the organization of senior centers, the management of socially beneficial activities and recreational activities; c) the management of home care services provided by applicable law, the Social alarm systems and residential and semi-residential facilities for the elderly. 2. In the implementation of social measures the Republic promotes the initiative of non-profit organizations especially voluntary ones, associations and individuals who undertake, in connection with the public body, to offer help the elderly. Art. 13 (Reception in family) 1. The Republic recognizes the fundamental value of the older person's stay within their household and family context. To this end, it encourages the implementation of the legislation on home care, also of private type, the elderly and
self-sufficient reinforcing what is already provided by the Regulation for actions in favor of older persons with disabilities and not self-sufficient, making use of private care. The Republic also promotes the creation, on an experimental basis and in accordance with the public body, the programs tend to include the elder only in a different family from the natural, available to welcome him into their area, based on an agreement between the 'Elder and family. 6 2. The State Congress will adopt a specific directive to regulate these experimental forms of care for elderly people living alone. Art. 14 (Rights of the guests in public and private residential and semi-residential structures) 1. In accordance with Article 7 the rights of senior citizens are also protected when they are guests of residential or semi-residential structures, or are dependents of home care services. 2. The services, facilities and businesses that provide welfare services, social welfare or social and health must draw up a charter of Service you specify, in accordance with the Decree of 5 May 2005 n. And 70 of the Law of 25 May 2004 n. 69: - the measures taken to respect the privacy of personal and torque; - Timetables and tour arrangements in the principle of favoring the maintenance of constant contacts with family members and friends; - The procedures for the outputs from the structure made independently or with escorts, alone or in groups, for visits, committees, participation in events, personal commitments etc. - The measures taken to promote and free participation in meetings by guests self-managed or held by social organizations, in a special room, to discuss the general and personal problems related to the life structure, or to their citizens conditions, the elderly, and users ; - How to use the telephone to direct telephone contact with the outside and informatic tools; - The ways in which we organize the day's activities, the planning of cultural activities, recreation and recovery, as well as the forms of collaboration to their organization and realization by users. TITLE IV FINANCIAL RULES AND FINAL PROVISIONS Art. 15 (Financial provisions) 1. For interventions under this Act, it copes as part of the funding provided annually by the budget law. 2. The other measures prescribed by law shall be met by setting up dedicated chapters. Art. 16 (Entry into force) 1. This law comes into force on the fifteenth day following that of its legal publication. Our Residence, this day of 7 January 2008/1707 THE CAPTAINS REGENT Mirco Tomassoni - Alberto Selva THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Valeria Ciavatta

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