Advertisement

Elder Abuse: A Human Rights Agenda for the Future

  • Jonathan Herring
Chapter

Abstract

Only relatively recently has elder abuse has been recognised by governments as a major social problem. For too long it has been hidden and ignored. Even now it has been accepted as an issue requiring state attention, many countries are still struggling to find the correct legal response. Elder abuse, it has been claimed, has reached the position domestic violence did several decades ago. There is now an acceptance of the problem and that something needs to be done, but there is much dispute over what the correct response is.

Keywords

Domestic Violence Care Home Hate Crime Legal Response Abusive Relationship 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

References

  1. Addo M, Grief N (1998) Does Article 3 of the European Convention on human rights enshrine absolute rights? Eur J Int Law 9:510CrossRefGoogle Scholar
  2. Aitken L, Griffin G (1996) Gender issues in elder abuse, Chap. 3. Sage, LondonGoogle Scholar
  3. Bennet G, Kingston P, Penhale B (1997) The dimensions of elder abuse. Macmillan, LondonGoogle Scholar
  4. Bergeron L (2001) An elder abuse case study: caregiver stress or domestic violence? You decide. J Gerontol Soc Work 34:47CrossRefGoogle Scholar
  5. Biggs S (1996a) Elder abuse and the policing of community care. Generations Rev 6:2Google Scholar
  6. Biggs S (1996b) A family concern: elder abuse in British social policy. Crit Soc Pol 16:63CrossRefGoogle Scholar
  7. Brammer A, Biggs S (1998) Defining elder abuse. J Soc Welfare Fam Law 20:385Google Scholar
  8. Brandl B, Cook-Daniels L (2002) Domestic abuse in later life. Elder Law J 8:302Google Scholar
  9. Brandl B, Meuer T (2001) Domestic abuse in later life. Elder Law J 8:298Google Scholar
  10. Brandl B, Raymond J (1997) Unrecognized elder abuse victims: older abused women. J Case Manag 6:62Google Scholar
  11. Brogden M (2001) Geonticide: killing the elderly. Jessica Kingsley, BristolGoogle Scholar
  12. Burton M (2008) Legal responses to domestic violence. Routledge, LondonGoogle Scholar
  13. Campbell Reay A, Browne K (2001) Risk factor characteristics in carers who physically abuse or neglect their elderly dependents. Aging Mental Health 5:56–62Google Scholar
  14. Choudhry S, Fenwick H (2005) Taking the rights of parents and children seriously: confronting the welfare principle and the Human Rights Act. Oxford J Legal Stud 25:453CrossRefGoogle Scholar
  15. Choudhry S, Herring J (2006) Righting domestic violence. Int J Law Pol Fam 20:95CrossRefGoogle Scholar
  16. Choudhry S, Herring J (2007) Domestic Violence and the Human Rights Act 1998: a new means of legal intervention. Public Law 752Google Scholar
  17. Choudhry S, Herring J (2010) European human rights and family law. Hart, OxfordGoogle Scholar
  18. Cooper C, Selwood A, Livingston G (2008) The prevalence of elder abuse and neglect: a systematic review. Age Ageing 37:151CrossRefGoogle Scholar
  19. CPS (2008) Crimes against older people – CPS prosecution policy. CPS, LondonGoogle Scholar
  20. CPS (2010) Violence against women crime report 2008–2009. CPSGoogle Scholar
  21. Department of Health (1993) No longer afraid. Department of Health, LondonGoogle Scholar
  22. Department of Health (2000) No secrets. Department of Health, LondonGoogle Scholar
  23. Department of Health (2002) No secrets. Department of Health, LondonGoogle Scholar
  24. Department of Health (2005) Safeguarding adults. Department of Health, LondonGoogle Scholar
  25. Dixon J, Manthorpe J, Biggs S, Mowlam A, Tennant R, Tinker A, McCreadie C (2010) Defining elder mistreatment. Ageing and Society 30:403CrossRefGoogle Scholar
  26. Doron I, Alon S, Offir N (2004) Time for policy: legislative response to elder abuse and neglect in Israel. J Elder Abuse Neglect 16:63CrossRefGoogle Scholar
  27. Dunn M, Foster C (2010) Autonomy and welfare as Amici Curiae. Med Law Rev 18:86CrossRefGoogle Scholar
  28. Action on Elder Abuse (2008) Consultation paper on the potential for adult protection legislation in England, Wales and Northern Ireland. Action on Elder AbuseGoogle Scholar
  29. Fitzgerald G (2006) The realities of elder abuse. In: Wahidin A, Cain M (eds) Ageing, crime and society. Willan, CullomptonGoogle Scholar
  30. Gainey R, Payne B (2006) Caregiver burden, elder abuse and Alzheimer's disease: testing the relationship. J Health Human Services Admin 29:245Google Scholar
  31. Giles H, Fox E, Smith E (1993) Patronizing the elderly: intergenerational evaluations. Res Lang Soc Interact 26:129CrossRefGoogle Scholar
  32. Glendenning S (1993) The mistreatment and neglect of elderly people in residential centres: research outcomes in the mistreatment of elderly people. In: Declamer P, Glendenning S (eds) The mistreatment of elderly people, 2nd edn. Sage, LondonGoogle Scholar
  33. Hawks R (2006) Grandparent molesting: sexual abuse of elderly nursing home residents and its prevention. Marquette Elder Advisor 8:159Google Scholar
  34. Herring J (2000) The suffering children of blameless parents. Law Q Rev 550Google Scholar
  35. Herring J (2008) Carers. In: Freeman M (ed) Law and bioethics. OUP, OxfordGoogle Scholar
  36. Herring J (2009) Older people in law and society. Oxford University Press, OxfordCrossRefGoogle Scholar
  37. Herring J (2010) Family law. Pearson, HarlowGoogle Scholar
  38. Herring J (2011) The serious wrong of domestic abuse and the loss of control defence. In: Reed A, Bohlander M (eds) Loss of control and diminished responsibility: domestic, comparative and international perspectives. Ashgate, AldershotGoogle Scholar
  39. Herring J (2011b) Legal issues surrounding dementia. Elder Law J 1:182Google Scholar
  40. Herring J (2011) Elder abuse and stressing carers. In: Bridgeman J, Keating H, Lind C (eds) Regulating family responsibilities. AshgateGoogle Scholar
  41. Herring J, Choudhry S (2006) Righting domestic violence. Int J Law Pol Fam 20:95CrossRefGoogle Scholar
  42. Herring J, Taylor R (2006) Relocating relocation. Child Fam Law Q 18:517Google Scholar
  43. House of Commons Health Committee (2004) Elder abuse. The Stationery Office, LondonGoogle Scholar
  44. Hussein S, Manthorpe J, Penhale B (2007) Public perceptions of the neglect and mistreatment of older people: findings of a United Kingdom survey. Ageing Soc 27:919CrossRefGoogle Scholar
  45. Johnson MP (1995) Patriarchal terrorism and common couple violence: two forms of violence against women. J Marriage Fam 57:283CrossRefGoogle Scholar
  46. Kosberg J, MacNeil G (2005) The vulnerability to elder abuse for grandparents raising their grandchildren: an emerging global phenomenon. J Elder Abuse Neglect 15:33CrossRefGoogle Scholar
  47. Law Commission (1997) Report on mental incapacity. HMSOGoogle Scholar
  48. Levit N (2002) Theorizing the connections among systems of subordination. Univ Missouri Kansas-City Law Rev 71:227, 228Google Scholar
  49. Madden Dempsey M (2006) What counts as domestic violence? A conceptual analysis. William Mary J Women Law 12:301Google Scholar
  50. Madden Dempsey M (2009a) Prosecuting domestic violence. Oxford University Press, OxfordCrossRefGoogle Scholar
  51. Madden Dempsey M (2009b) Prosecuting domestic violence: a philosophical analysis. OUP, OxfordCrossRefGoogle Scholar
  52. Manthorpe J (2006) Local responses to elder abuse: building effective prevention strategies. In: Wahidin A, Cain M (eds) Ageing, crime and society. WillanGoogle Scholar
  53. McCreadie C (1996) Elder abuse: update on research. Age Concern, LondonGoogle Scholar
  54. McCreadie C (2002) A review of research outcomes in elder abuse. J Adult Protect 4:3CrossRefGoogle Scholar
  55. Metropolitan Police (2000) Identifying and combating hate crime. Metropolitan Police, LondonGoogle Scholar
  56. Meyer E, Post L (2006) Alone at night: a feminist ecology model of community violence. Feminist Criminol 1:207CrossRefGoogle Scholar
  57. Mowlam A, Tennant R, Dixon J, McCreadie C (2008) UK study of abuse and neglect of older people: qualitative findings. Department of HealthGoogle Scholar
  58. National Center on Elder Abuse (2002) Preventing elder abuse by family caregivers. National Center on Elder Abuse, WashingtonGoogle Scholar
  59. O’Connor K, Rowe J (2005) Elder abuse. Rev Clin Gerontol 15:47CrossRefGoogle Scholar
  60. O’Keeffe M, Hills A, Doyle M, McCreadie C, Scholes S, Constantine R, Tinker A, Manthorpe J, Biggs S, Erens B (2008) UK study of abuse and neglect of older people prevalence survey report. Department of Health, LondonGoogle Scholar
  61. Payne B, Fletcher L (2005) Elder abuse in nursing homes: prevention and resolution strategies and barriers. J Crim Justice 33:119CrossRefGoogle Scholar
  62. Phillips L, de Torres E, Briones G (2000) Abuse of female caregivers by care recipients: another form of elder abuse. J Elder Abuse Neglect 12:123CrossRefGoogle Scholar
  63. Phillipson C, Biggs S (1995) Elder abuse in perspective. Open University Press, Milton KeynesGoogle Scholar
  64. Pritchard J (2000) The needs of older women. Joseph Rowntree Foundation, New YorkGoogle Scholar
  65. Pritchard J (2001) Male victims of elder abuse. Jessica KingsleyGoogle Scholar
  66. Pritchard J (2007) Working with adult abuse: a training manual. Jessica KingsleyGoogle Scholar
  67. Quinn M, Tomita S (1986) Elder abuse and neglect: causes, diagnosis and intervention strategies. Springer, New YorkGoogle Scholar
  68. Royal College of Psychiatrists (2000) Institutional abuse of older adults. RCP, LondonGoogle Scholar
  69. Salari S (2006) Infantilization as elder mistreatment: evidence from five adult day centers. J Elder Abuse Neglect 17:53CrossRefGoogle Scholar
  70. Schuyler D, Liang B (2006) Reconceptualizing elder abuse: treating the disease of senior community exclusion. Ann Health 15:275Google Scholar
  71. Slater P (2005) Elder abuse, adult protection and social care. J Adult Protect 7:33CrossRefGoogle Scholar
  72. Social Exclusion Unit (2005) Social exclusion among older people. The Stationery Office, LondonGoogle Scholar
  73. Straka S, Montminy L (2006) Responding to the needs of older women experiencing domestic violence. Violence Against Women 12:61CrossRefGoogle Scholar
  74. Terry P (1997) Counseling the elderly and their carers. Macmillan, LondonGoogle Scholar
  75. Thobaben M, Duncan R (2003) Domestic elder abuse by health care providers. Home Health Care Manag Pract 15:168CrossRefGoogle Scholar
  76. Turell S (2000) A descriptive analysis of same-sex relationship violence for a diverse sample. J Fam Violence 15:281CrossRefGoogle Scholar
  77. Walsh C, Ploeg J, Lohfeld L, Horne J, MacMillan H, Lai D (1999) Violence across the lifespan: interconnections among forms of abuse as described by marginalized Canadian elders and their care-givers. J Interpersonal Violence 19:282Google Scholar
  78. Wanlass D (2006) Securing good care for older people. Kings Fund, LondonGoogle Scholar
  79. Whittaker T (1996) Violence, gender and elder abuse. In: Fawcett B, Featherstone B, Hearn J, Toft C (eds) Violence and gender relations: theories and interventions. Sage, London, p 78Google Scholar
  80. Williams J (2008) State responsibility and the abuse of vulnerable older people: is there a case for a public law to protect vulnerable older people form abuse. In: Bridgeman J, Keating H, Lind C (eds) Responsibility, law and the family. Ashgate, AldershotGoogle Scholar
  81. Wolf R (1997) Elder abuse and neglect: causes and consequences. J Geriatric Psychiatry 31:153Google Scholar
  82. World Health Organisation (2002) The Toronto declaration on the prevention of elder abuse. WHO, GenevaGoogle Scholar

Copyright information

© Springer-Verlag Berlin Heidelberg 2012

Authors and Affiliations

  1. 1.Exeter CollegeUniversity of OxfordOxfordUK

Personalised recommendations