The Nursing Care Right And Legal Protection Of The Elderly With Disablity And Dementia

As one of the phenomena of aging——the nursing problem of the elderly in disability and dementia,it is closely related to the survival of this part of the vulnerable groups.It is the inevitable way to protect the life rights and interests of this part of the elderly population by transforming the nursing from the social reality demand into the consciousness of right and implementing the nursing right and legal protection.The nursing care right of the elderly with disablity and dementia refers to the elderly who having physical function degradation,in their daily lives can not take care of themselves,have the right to ask the family,the relevant social subjects or country to provide life care and spiritual care services to improve their quality of life,maintain the life dignity.From the attribute of right,the nursing care right has theory of law basis and constitutional basis.On the basis of theory of law,the right of nursing care is an inevitable requirement to promote social fairness,and also shoulders the task of the ultimate stage of human rights protection.On the basis of the constitution,the theory of the right of subsistence,the welfare thought and the human dignity contained in the constitutional norm are all absorbed by the nursing right.It is the concrete realization of the basic right of the constitution.From the existing legal protection system of nursing rights,some foreign countries with outstanding aging problems have mature institutional design experience.China has also formed a number of institutional basis,but compared with foreign mature experience and practice,the goal of our country that full institutionalization of legal protection of the nursing right is still far,the main reason is that China has not yet established a overall concept that disability and dementia elderly should have life care and the protection of the rights and interests,and did not form systemic,comprehensive legislative protection.We should use other countries’ legislative experience as a reference,combine with our own national conditions and characteristics,and improve the the legal system of nursing of the elderly in disability and dementia.In the system construction,we should have the establishment of family,social,national responsibility to share the mechanism,that is,the family assumes the primary responsibility,the social responsibility of nursing care should be promoted,the responsiblity of country should be emphasized.Among them,the country’s dominant responsibility is the most fundamental,and its legislative construction,administrative responsibility and judicial relief should be done in order to make this part of the vulnerable groups to protect the rights and interests of the implementation.