The Research On The Rights To Social Participation Of The Elder In China

In the21st century, the accelerated aging has made the elder’s social participation a world issue. The elder’s social participation is directly related to aging and the welfare state crisis, and is deeply influenced by the trends of political democratization, economic globalization, cultural pluralism and organized society. At the same time, unbalanced regional development and aging as well as different national conditions have made the problems of the social participation of the elder have its regional characteristics. Along with the popular human rights discourse, the needs to social participation for the elder turn to be the rights to social participation and become one of the pedigree of the rights of the elder. To meet the human rights needs of the elder we should enhance detailed studies of the elder’s social participation rights theory. Drawing on the ideas of active aging, we take the situation of the elder’s social participation seriously. The goal which we would like to achieve is to find the ways to settle the elder’s social participation problems in China. Above are my basic logic of this article.In the first part of this article, I discuss the concept of social participation of the elder in the context of China firstly.And then, I analysis the concept of the rights to social participation of the elder, and realization of the change from needs to requirements when we talk about the rights to social participation of the elder rather than the phenomenon of social participation of the elder.What’s more,I find there are two levels in the concept of the rights to social participation of the elder:the liberty in a negative sense and the claim in a active sense. Then I point out that equality, independence, self-fulfilment and dignity are four value dimensions of the rights to social participation of the elder and the core dimension is equality.Besides I discuss the subject, content and other structural elements of the concept.I also set out the statutes of the rights both internationally and domesticly, and finally describe three meanings of protecting the rights which are the global response of the elderly society, realizing the significance of the right to protection of domestic elderly and the elderly individual dignity.For the elder usually participate in the political, economic and social fields, I mainly consider the rights to political participation, economic participation, public service and organization as the four syetems of the rights to social participation in the second part.And then I illustrate the historical origins modern background, concepts, contents, and meaning.of the four categories of rights.Considering the rights-based perspective and the particularity of the elder’s social participation compared to other groups in society,I analysize the current situation of the elder’s social participation and then investigate the deep-seated problems behind the appearance.The deep-seated problems that I have found are social discrimination and exclusion, the neglect and abuse in social and country, undevelopmed political and economic,special circumstances and cultural background, lack of awareness of their rights, poor channels for relief.The fourth part refers to the international strategic concept "active aging", introduces the legal and policy measures which are taken in relevant countries so as to protect the the rights to social participation to the elder and also summarizes the the international trend to protect the rights in the future.In the context of China,so as to solve tenure issues that China is meeting because of aging and protect the rights to social participation of the elder,we must take active aging as a strategic choice In details,we should form a domestic legal and policy framework, including age discrimination regulation measures, promotion measures, and the associated environmental measures.The last part points out that this article failed to resolve some associated issues such as how to define the rights of the elder and what exactly the four kins of rights contains. And I also illustrate the limitations of my research that I can not think deeply on the background considerations.Besides, two core logic of propositions is still to be resolved when we study the rights to social participation of the elder.