Israel Doron

The Debate Around the Need for an International Convention on the Rights of Older Persons

In recent years, there has been a growing interest and debate around the question, whether there is a need for an international convention on the rights of older persons. The debate around this question is far from simple or consensual. Although there are strong voices in favor, there are also strong arguments against. Moreover, the mere fact that a legal gap exists at the international level is not a sufficient reason for the advancement of a new convention. Hence, the goal of this article will be not only to provide a detailed analysis of the arguments in support and against such a convention but also to propose some specific recommendations for the advancement of such a convention in the future.

Court of Ethics: Teaching Ethics and Ageing by means of Role-Playing

Technological and scientific developments, progress in the discipline of gerontology, and an ageing population mean that we now have to contend with previously unknown ethical problems. Therefore, the teaching of ethics is an essential element of a comprehensive education in gerontology. This article discusses the unique aspects of gerontology which make the teaching of the subject of ethics and ageing in this field exceptionally challenging. It also describes the course Ethics and Ageing offered as part of the MA program in gerontology provided by Haifa Universitys Department of Gerontology. This course uses role-play as an effective technique for teaching complex ethical issues, and it is useful to note the lessons learnt over the five years since the course began. The article also provides full descriptions of the cases, reading materials and the role-playing elements of the course.

Elder Law: current issues and future frontiers

In the last two decades, Elder Law has developed into a known and recognized field of expertise and specialization within the legal discipline. However, due to the relatively young history of this new field of law, very few attempts have been made to analyze the ways in which it has developed in the past and the directions in which it should develop in the future. Furthermore, within gerontology, Elder Law has received much less attention or recognition. Existing literature in the field of Elder Law provides a broad and rich analysis of current developments from a positivist approach, through feminist and therapeutic approaches, up to “law and economics” approach—all attempt to implement known legal theories to the gerontological experience. This article argues that exploring the future development of Elder Law beyond existing trends reveals three new frontiers. These future frontiers of Elder Law are (1) the international Elder Law arena; (2) the municipal Elder Law arena; and finally (3) the jurisprudential gerontology arena. Realizing that Elder Law should continue to develop in new and diverse directions will determine its future ability to contribute to gerontology and influence the lives of the older population.

Time for Policy: Legislative Response to Elder Abuse and Neglect in Israel

ABSTRACT In Israel, as elsewhere, awareness of the problem of elder abuse and neglect has grown in recent years. This article traces the development of Israeli legislation dealing with elder abuse and neglect and analyzes that legislation from a developmental perspective. Four legislative generations can be discerned, the first of which is characterized by paternalistic social legislation. The second legislative generation is distinguished by efforts to adopt a punitive approach and make the reporting of abuse mandatory, while the third emphasizes the roles protection and treatment play in the context of domestic violence. The fourth legislative generation is in its early stages, but there are signs that legislators are now emphasizing the need to bolster education and provide information and expertise. The development of these several legislative generations has resulted in the need to decide what direction Israeli legislation should take in the future. This article considers various relevant issues and argues that, in the field of elder abuse and neglect in Israel, the way forward lies in the establishment of a holistic and rational legislative policy.

Migrant workers in eldercare in Israel: social and legal aspects

Most old people want to remain in their homes and age in place, and they regard institutional admission as a last resort. In various developed countries, as the demand for homecare workers to augment traditional family caregiving increases apace, migrant caregivers providing otherwise unavailable informal services are becoming more common. They enable older people to stay in their homes, provide them with a sense of security and confidence, reduce feelings of loneliness and solitude, alleviate the family burden, and improve the well-being of the primary caregivers. On the other hand, migrant caregivers pose serious challenges to existing social and legal institutions in the societies in which they operate. They demand policy responses that in many cases have socio-economic consequences that go beyond the older population they serve. This article describes and analyzes the Israeli experience with migrant homecare workers for older persons. It discusses key problems and dilemmas that are involved with employing migrant homecare workers, and provides some critical perspectives on policies adopted in Israel as a response to this phenomenon.

Times of transition: elder abuse and neglect in Israel

ABSTRACT The present paper addresses the advancement of research, policies, legislation, and practice experiences designed to deal with the phenomenon of elder abuse and neglect in Israel in times of transition. The paper presents a short overview of the demographic scene, reflecting population characteristics and needs that impact care giving as well as elder abuse and neglect. The developments of scientific knowledge and its accumulation, especially the empirical data from the first national survey on elder abuse and neglect are discussed. Further, legislative developments relating to four generational laws and the advancement of policies and innovative practice experiences are described and analyzed. Finally, future challenges in the field are identified.

Facts on Law and Ageing Quiz: Older People's Knowledge of Their Legal Rights

ABSTRACT Until now, no attempt has been made to develop a research tool to provide a broad descriptive picture of the actual knowledge that older people have of their legal rights. This article will describe a first attempt, conducted in Israel, to create such a tool, known as the Facts on Law and Ageing Quiz (FoLAQ). This quiz was developed to provide a short and standardised tool for assessing older peoples knowledge of their legal rights in Israel. It is also intended to serve as a research platform for similar studies in other countries worldwide. The research was designed using a quantitative approach. The research population consisted of adult Jews, aged 50 or more years, living in the community in Israel. Using a computer-assisted telephone interview (CATI), a randomly chosen sample of 227 persons aged 50 and over was asked 20 multiple-choice questions on central legal issues, and 13 closed questions on their socio-demographic background. The findings revealed that, in general, the majority of older persons in Israel know little about their legal rights. Specifically, the most vulnerable groups in this context were the less educated, the poor, the older-old, and women. Finally, the findings also showed that knowledge gaps were particularly obvious with regard to (1) national legal schemes covering social security in old age, and (2) the rights of older people regarding Israels national health insurance scheme.

Time for law: legal literacy and gerontological education

ABSTRACT In the past, the law has not been considered as an important part of gerontological science. Historically, different sciences such as medicine, biology, psychology, and sociology have played far more important roles in the creation and crystallization of gerontological knowledge. This state of affairs is reflected in academic education and field research, which ascribes little weight to legal aspects of aging. This article maintains that the time is ripe for gerontological education to recognize the importance of exposing students of gerontology in academic institutions to the study and research of law and ageing. Though this claim could be defended on the simple ground that the law is no different, in principle, from a wide range of other scientific disciplines—each of which makes a particular contribution to gerontology—in this article we shall go one step further. This article attempts to demonstrate special elements which make it particularly important to add the study of legal matters to the curriculum of gerontological education. They are the result of 5 aspects of the encounter between the law and old age: (a) the law as a tool for sociological research; (b) the law as a tool for social change; (c) the law as a tool for planning and undertaking care of the old; (d) the weaknesses of the legal discipline in the field of law and aging; and (e) the potential value of legal education for the practice of gerontology, and collaboration between gerontologists and lawyers.

Ageism among physicians, nurses, and social workers: findings from a qualitative study

This study investigated ageism among healthcare professionals in various therapeutic settings in Israel. Using a qualitative approach, the current study aimed to examine similarities and differences across healthcare disciplines. Three focus groups were conducted with physicians, nurses, and social workers. Data from each focus group were analyzed separately, and then commonalities and differences across the groups were evaluated. Three main themes relating to older adults emerged from the data. The first theme pertains to perceived difficulties that healthcare professionals experience in working with older adults and their family members; the second focuses on invisibility and discriminatory communication patterns; and the third theme relates to provision of inappropriate care to older adults. Similarities and differences across the three disciplines were found. The differences related mainly to the examples provided for manifestations of ageism in the healthcare system. Provision of inadequate treatment to older adults due to their age appeared to be the most complex theme, and is discussed at length in the Discussion. Briefly, the complexity stems from the fact that although some behaviors can be clearly described as inappropriate and undesirable, other behaviors such as avoidance of invasive medical procedures for older patients raise ethical dilemmas. Potentially, avoidance of invasive medical treatment can be perceived as compassionate care rather than as undertreatment due to ageist perceptions. A related dilemma, i.e., longevity versus quality-of-life, is also discussed in light of the finding that the balance of these two aspects changes as patients grow old.

Being a Social Worker in Homes for the Aged: The Real, the Ideal, and the Gaps Between

Abstract Various theoretical research studies, both academic and professional, have considered the important role social work plays in institutional settings. However, worldwide, very little empirical research has been conducted to examine how social work actually functions in homes for the aged. The study considered here helps to address this, by describing three key aspects of this issue: (1) the function social workers in homes for the aged in Israel actually fulfill (their “real” function); (2) the role that these social workers think that they should be fulfilling (their “ideal” function); and (3) the gap that separates “the real” (what social workers actually do) from “the ideal” (what social workers feel they should be doing). The studys research findings show not only that a gap exists, but also its essence. In the case of both the real roles social workers play in homes for the aged and what they perceive to be the ideal roles they should play, as well as in the case of the gap between the two, “paternalistic” activities were emphasized far more than “empowering” activities, which advocate or promote autonomy. The data obtained outlines possible future research directions, identified while attempting to understand the factors that contribute to the current reality of care in homes for the aged.