Akadēmiskais centrshttps://doi.org/10.22364/iscflul.9.2.19 | 221-230 | PDF
Gaabriel Tavits, Dr. iur., Professor
University of Tartu, Faculty of Law
Elderly People in Society – Whose Duty is it to Care for Them?
Keywords: elderly people, care facilities, right to state aid, duty of care
Summary
This article addresses the obligation to care for the elderly and the constitutionally guaranteed right to state assistance in case of old age and disability. According to the Constitution of Republic of Estonia, the duty to take care of family members in need rests with the family. At the same time, everyone has the right to state assistance in case of old age, which also includes the right to social welfare services. Although the Estonian Constitution provides for the right to state assistance, this assistance must be provided by legislation passed by the parliament. A care reform has been carried out in Estonia, and one of its goals is to reduce the burden on people in financing care facility places and to simplify the possibilities to family members in caring for persons in need. Although the state aspired to offer more support to people in the financing of care facility places, it sis not succeed because of the increasingly expensive prices of care facility places.
The current paper has been published in the second collection of research papers in conjunction with the 9th International Scientific Conference of the Faculty of Law of the University of Latvia “Revisiting the Limits of Freedom While Living Under Threat. II”, 9–10 November 2023. Riga: University of Latvia Press, 2024. 232 pages.