[The "legal rights of the elderly"--is it desirable, to institute special legal provisions for the elderly?]

Abstract

Legal problems of the elderly are, besides social legislation, a rather small topic of interest in the field of law and jurisprudence in the FRG. There are some provisions in the social legislation (old age insurance; health insurance) but no special provisions in tax law for the needs of the elderly. Most of the interesting legal provisions, even if old-age matters prevail, are general, and not specific old-age-related provisions. But we can see that in the legal practice, especially in the courts, interests of the elderly are sometimes taken in consideration, for example ventue law and in penal law at the prosecution level. One may raise the question whether a new field of "Laws for the Elderly" should be created. Such a specialty could comprise all the legal provisions that concern the elderly, particularly as regards their special age-related needs and problems. A law containing special measures prohibiting old-age-discrimination would be problematic in regards to equal treatment of other population groups, because equal treatment is a general constitutional rule. It seems to be on the right track to include old-age needs and problems in general legal provisions that also cover the population groups which are in similar positions. This is not to say that special provisions for the elderly should not be arranged if only those persons are concerned.