Old age as alternative to illness: gerontological and medico-legal aspects

The current demographic trend towards an ever increasing elder population forces society to face the problem of how to care for elderly people. Old people frequently lose their independence because of a variety of reasons and become dependent on others. This exposes them to the risk of the so called “elder abuse”, a phenomenon which seems to be more and more widespread in Italy, as well as in many other countries. Elder abuse has become the topic of an increasing number of specific studies at international level, such as the World Assembly on Aging, the World Elder Abuse Awareness Day, and the National Elder Abuse Incidence Study. Elder abuse affects in particular those individuals who are incapable of taking care of themselves in an autonomous way. Unfortunately, the Italian legislation does not provide a precise juridical definition of the elderly, and consequently, does not provide for their specific protection. In case law, we can find only few and absolutely aspecific references to “old age” as a cause for incapacity. Recently and for the first time, a ruling by the Italian Supreme Court, Criminal Section V, has defined “old age” as a condition comparable to physical or mental illness, and has ratified the necessity for the elderly to receive care and protection regardless of their “illness”