Human dignity is inviolable. Age and dependency cannot be the grounds for restrictions on anyinalienable human right and civil liberty acknowledged by international standards and embedded indemocratic constitutions. Everybody, regardless of gender, age or dependency is entitled to enjoythese rights and freedoms and everybody is entitled to defend their human and civil rights.The European Union recognises and respects the rights of older people who are more likely to cometo depend on others for care, to lead a life of dignity and independence and to participate in socialand cultural life (Charter of fundamental rights of EU, art. 25.). Any restriction of these rights, ifcaused by age and dependency, must rest on clear legal grounds and transparent legal proceedings,must be proportionate, reviewable, and above all, considered in the best interest of the partyconcerned. Disregard of and contempt for these rights must be considered unacceptable. MembersStates should develop policies that promote these rights at home and in institutional care settings,and support individuals asserting them.In proposing a European Charter “of the rights and responsibilities of the older people requiringassistance and long-term care” within the framework of DAPHNE III programme against elder abuse,the EUSTACEA partners want to launch a discussion within the EU Member States on how best torecognise and affirm the rights of the most vulnerable older people. Their objective is to give a voiceto older people and ensure that they are heard by the whole society.AGE members and the project partners stress that advancing age does not involve any reduction of aperson’s rights, duties and responsibilities but highlights that a person can be in either a permanent ortemporary state of incapacity and unable to protect their own rights.The Charter recognises that the vast majority of frail and vulnerable older people are women: two outof three people aged 80+ in Europe are women. More than a third of them suffer from Alzheimer'sdisease or dementia, making them even more vulnerable to abuse.Health and long term care, including prevention and early intervention, should be considered not as acost but as an investment that benefit all age groups. EU health care and long-term care servicesshould be based on solidarity between generations, to reflect the provisions of the Lisbon Treatywhich state that the EU“shall combat social exclusion and discrimination, and shall promote socialjustice and protection, equality between women and men, solidarity between generations andprotection of the rights of the child”.Situations of dependency on others and vulnerability are complex: the older people themselves, theirfamilies, and professional and voluntary caregivers, should all respect the stated rights. The Charteraims to enable everyone to facilitate older people’s access to their fundamental rights..

The aim of the Charter is to complete and support the charters and other measures which are alreadyimplemented in some countries of the European Union and not to replace them. The Charter alsoaims to raise aw areness among a wider public, to stress the rights of the increasing number ofpeople receiving long-term care, and to foster best practices in Member States and beyond. Theserights are not fully respected today but our ambition is to fulfil them.In this way the Charter aims to become a reference document setting out the fundamental principlesand rights that are needed for the wellbeing of all those who are dependent on others for supportand care due to age, illness or disability.The accompanying guide complements and clarifies the Charter. It forms an integral part of theCharter and illustrates it with multiple examples of experiences and initiatives identified by theorganisations which took part in drafting it.This guide should enable all actors to feel ownership of the principles stated in the Charter and toadapt it to their national or local context.

AS YOU GROW OLDER AND MAY COME TO DEPEND ON OTHERS FOR SUPPORT AND

CARE, YOU CONTINUE TO HAVE THE RIGHT TO RESPECT FOR YOUR HUMAN

DIGNITY, PHYSICAL AND MENTAL WELL-BEING, FREEDOM AND SECURITY.

IN PARTICULAR, YOU HAVE THE RIGHT TO:

1.1 respect for your human dignity and welfare, regardless of your age, race, colour, national or socialorigin, financial means, beliefs, sex, sexual orientation or identity and the degree of care andassistance that you require.1.2 respect for and protection of your physical, sexual, psychological, emotional, financial and materialwelfare.PHYSICAL WELL-BEING1.2.1 respect for and protection of your physical well-being and safeguarding from any form ofphysical abuse, which includes: maltreatment and neglect, malnutrition and dehydration,exhaustion, excessive cold or heat, and any preventable physical illness .1.2.2 protection from any form of sexual abuse or mistreatment.PSYCHOLOGICAL AND EMOTIONAL WELL-BEING1.2.3 respect for and protection of your psychological and emotional welfare and protectionfrom any form of psychological or emotional abuse or mistreatment.1.2.4expect that others will not willingly cause you to feel distressed, upset or feel negative ordepressed.

ARTICLE 2.RIGHT TO SELF DETERMINATION

AS YOU GROW OLDER AND MAY COME TO DEPEND ON OTHERS FOR SUPPORT AND

CARE, YOU CONTINUE TO HAVE THE RIGHT TO MAKE YOUR OWN LIFE CHOICES AND

TO RESPECT FOR YOUR FREE WILL. THIS RIGHT EXTENDS TO AN APPROPRIATE

THIRD-PARTY OF YOUR CHOICE.

Freedom of choice2.1 You have the right to lead a life which is as self-determined and independent as your physicaland mental capacities permit, and to receive advice and support in order to do so.2.2 You have the right to expect that your opinions, wishes and choices are respected by thosearound you even if you are not able to communicate eloquently. You have the right to beconsulted and participate in any decision-making processes that affect you. You have the rightto choose a place to live that is adapted to your needs, whether in your own home or in formalcare settings.2.3 You have the right to retain control of your property and income, and handle your own financialand legal business and transactions with the authorities. You should receive the support yourequire to do this.Support for decision-making2.4 You have the right to nominate an appropriate third-party to take decisions and advocate onyour behalf.2.5 You have the right to ask for a second opinion on your health situation before following a courseof medical treatment.2.6 You have the right to be given sufficient time to consider your decisions carefully, to accessrelevant documents, and to make your choices having received independent information, adviceand guidance.2.7 In the event that you are unable to take decisions for yourself or express yourself at a later date,you have the right to leave advance instructions on decisions relating to your care, to be carriedout by an appropriate third-party. Your wishes should be respected at all times even whencommunicated non-verbally or through the third-party of your choice.Restraints to your self determination2.8 You may not be subject to any form of physical or mental restraint unless it is a proportionateresponse to a risk of potential harm. In which case, it must be determined to be in your bestinterest through a transparent and independently verifiable process that can be reversed.

AS YOU GROW OLDER AND MAY DEPEND ON OTHERS FOR SUPPORT AND CARE

YOU CONTINUE TO HAVE THE RIGHT TO RESPECT FOR- AND PROTECTION OF- YOUR

PRIVACY AND INTIMACY.

Right to private life3.1 You are entitled to respect for your need for privacy. You should have the opportunity for timeand space alone, or with persons of your choice, if you so wish.3.2 Your personal space must be treated with respect regardless of where you live and the degreeof care and assistance that you require. It should be the goal of all involved in your support, careand treatment to avoid any restrictions to your privacy or respect for your right to intimaterelations.3.3 Respect for your privacy is also reflected in the consideration given to your feelings of modesty.You have the right to be treated by caregivers with sensitivity and discretion.

Right to private information and communication3.4 You have the right to privacy of correspondence. Your letters or electronic mail may not bereceived, opened or read by third parties without your consent. You have the right to maketelephone calls in private.3.5 Your right to privacy must also be reflected in the confidential handling of your data anddocuments. Your personal data are protected by law.3.6 You have the right to expect that discussions about your condition, care and treatment –whether held with you or not - are handled with sensitivity and discretion, and with respect foryour privacy.

AS YOU GROW OLDER AND MAY COME TO DEPEND ON OTHERS FOR SUPPORT AND

CARE YOU CONTINUE TO HAVE THE RIGHT TO HIGH QUALITY, HEALTH-PROMOTING

CARE, SUPPORT AND TREATMENT TAILORED TO YOUR PERSONAL NEEDS AND

WISHES.

Quality of care4.1 You have the right to receive high quality, timely and affordable health and long-term careservices that are adapted to your individual needs and wishes and without discrimination of anykind.4.2 You have the right to be attended to by people who have the skills required and adequatesupport to respond to your need for assistance, care and treatment. Whether you are cared forby professionals, family members or other trusted individuals, they should have received – andshould continue to receive technical, structural and financial resources, specialised training,guidance necessary to provide them with the assistance they need.4.3 You should seek respite care solutions in order to allow those giving you daily assistance thenecessary breaks for leading their personal life and to enhance the quality of care they provideto you.4.4 You are entitled to benefit from measures to prevent any deterioration of - or to bring about animprovement in - your condition, and to promote your independence to the greatest extentpossible.4.5 You have the right to expect that all individuals, institutions and professional bodies involved inyour care, support and treatment should communicate and cooperate with one another andclosely align the services they provide to ensure that they are in your best interest.4.6 You have the right to receive timely support for your daily needs.

AS YOU GROW OLDER AND MAY COME TO DEPEND ON OTHERS FOR SUPPORT AND

CARE YOU CONTINUE TO HAVE THE RIGHT TO SEEK AND RECEIVE PERSONALIZED

INFORMATION AND ADVICE ABOUT ALL OF THE OPTIONS AVAILABLE TO YOU FOR

CARE, SUPPORT AND TREATMENT IN ORDER TO BE ABLE TO MAKE INFORMED

DECISIONS.

Right to access to personal and personalized information5.1 You have the right to be informed about your state of health and the available treatment andcare options. This should include information and advice about the chances of success orfailure, potential effects of medicines, examinations or any other medical intervention on yourphysical or mental health and daily life, and available alternatives.5.2 You and a third-party of your choice continue to have the right to access your personal medicaldata and to request the opportunity to inspect all documents relevant to your health.5.3 Your right to refuse to be informed should also be respected.5.4 You have the right to be informed and advised on all possible leisure activities, housingfacilities and social care measures you could benefit from regardless of their cost. You shouldbe able to decide which of these you can afford and you should be provided all informationneeded for an informed decision.Informed consent and advice5.5 Your informed consent or that of the appropriate third-person of your choice must be sought ondecisions relating to all of your care and treatment, as well as to any participation in researchprojects and medical trials.5.6 You have the right to legal advice, representation and defence. Legal aid should be madeavailable if you lack sufficient resources.5.7 Being spoken to openly, tactfully and in terms that you understand is part of your right toinformation and to giving informed consent.5.8 You or a people of your choice are entitled to receive timely, clear and comprehensiveinformation concerning all of the services that are available to you. This should include theirrespective costs, and options for adaptation to your needs.5.9 Before concluding or amending an agreement or contract for residential care or other services,you have the right to be fully informed and advised on the content and the possibility of making

AS YOU GROW OLDER AND MAY COME TO DEPEND ON OTHERS FOR SUPPORT AND

CARE YOU CONTINUE TO HAVE THE RIGHT TO INTERACT WITH OTHERS, AND TO

PARTICIPATE IN CIVIC LIFE, LIFELONG LEARNING AND CULTURAL ACTIVITY.

6.1 You should be made aware of and given opportunities to participate voluntarily in social life inaccordance with your interests and abilities in the spirit of solidarity between generations. Youalso have the right to be given opportunities to perform paid or voluntary work and to take part inlifelong learning.6.2 You have the right to all the support necessary to enable you to communicate. You are entitled tohave your communication needs and expectations taken into consideration, in whatever waythese are expressed.6.3 You have the right to move freely to pursue your interests and activities. Should your mobility beimpaired, you have the right to assistance in this respect.6.4 You have the right to equal access to new technologies and to learning and support in how to usethem.6.5 You have the right to continue to exercise all of your civic rights, including the right to participate inpolitical elections and, if required, to receive impartial assistance to do so. Your right to freedom ofchoice must be respected and confidentiality concerning your vote must be maintained by anyoneassisting you.

ARTICLE 7.RIGHT TO FREEDOM OF EXPRESSION AND FREEDOM OF THOUGHT/CONSCIENCE:BELIEFS, CULTURE AND RELIGION

AS YOU GROW OLDER AND MAY COME TO DEPEND ON OTHERS FOR SUPPORT AND

CARE YOU CONTINUE TO HAVE THE RIGHT TO LIVE ACCORDING TO YOUR

CONVICTIONS, BELIEFS AND VALUES.

7.1 You have the right to respect for your values and beliefs, your philosophy of life and/orreligious freedom regardless of whether or not these values are shared by those who aresupporting you.7.2 You have the right to practice and observe your religion or spiritual beliefs. You also have theright to obtain spiritual or religious care and guidance from representatives of your faith orspiritual beliefs when you wish. You have the right to refuse to participate in religious activityand to reject approaches by representatives of religions, faiths or philosophies of life.7.3 Everyone, whatever their cultural heritage, religious values or practices has an equal right torespect and mutual tolerance.7.4 You have the right to establish an association, join a group, and equally, the right to refuse tojoin.7.5 You have the right to develop your political or social understanding and convictions and towiden your skills and knowledge in this respect.7.6 You have the right to refuse any unwanted ideological, political or religious pressure, and youhave the right to ask to be protected from this.

ARTICLE 9.RIGHT TO REDRESS

AS YOU GROW OLDER AND MAY COME TO DEPEND ON OTHERS FOR SUPPORT AND

CARE, YOU CONTINUE TO HAVE THE RIGHT TO REDRESS IN CASE OF

MISTREATMENT, ABUSE OR NEGLECT

9.1 You have the right to support or to refuse support whenever you find yourself in a situation ofabuse or mistreatment, whether you are receiving residential or home care.9.2 You are entitled to expect care professionals to be trained to recognize signs of abuse andmistreatment and act appropriately in order to safeguard you from any further mistreatment.9.3 You have the right to be informed of the channels through which you can report abuse. You havethe right to report abuse or mistreatment without fear of any negative repercussions, and to expectthat the authorities will respond appropriately when you make a report. This right extends to thosearound you, particularly people who are responsible for your care and support.9.4 You have the right to expect to be protected from the alleged situation of abuse or mistreatmentwhen you file a complaint until the case has been fully investigated; this should not require achange of residence if this is against your wishes.9.5 You have the right to treatment to enable you to make a full recovery from any physical orpsychological trauma you might have suffered as a result of abuse or mistreatment. You must begiven time to recover at your own pace.

ARTICLE 10YOUR RESPONSIBILITIES

AS YOU GROW OLDER AND MAY COME TO DEPEND ON OTHERS FOR SUPPORT AND

CARE, YOU SHOULD:

10.1 respect the rights and needs of other people living and working within your environment andrespect the general interests of the community in which you live; your rights and freedoms shouldbe only limited by the need to respect similar rights of other members of the community.10.2 respect the rights of carers and staff to be treated with civility and work in an environment freefrom harassment and abuse;10.3 plan for your future and take responsibility of the impact of your action and lack of action onyour carers and relatives, in accordance to your national legislation. This includes:10.3.1 to nominate an appropriate third-party to take decisions and advocate on your behalf10.3.2 to leave advance instructions detailing your choices regarding your health and welfareincluding care and treatment during your lifetime and at the end of your life as well asarrangements for your property and financial affairs. If you are unable to do so, it is theduty of your next of kin or your appointed representative to take decisions on your behalf,respecting your wishes wherever possible.10.4 inform the relevant authorities and those around you about a situation of abuse, mistreatmentor neglect that you experience or witness.

AS YOU GROW OLDER AND MAY COME TO DEPEND ON OTHERS FOR SUPPORT AND

CARE, YOU CONTINUE TO HAVE THE RIGHT TO RESPECT FOR YOUR HUMAN

DIGNITY, PHYSICAL AND MENTAL WELL-BEING, FREEDOM AND SECURITY.

IN PARTICULAR, YOU HAVE THE RIGHT TO:

AS YOU GROW OLDER AND MAY COME TO DEPEND ON OTHERS FOR SUPPORT AND

CARE, YOU CONTINUE TO HAVE THE RIGHT TO MAKE YOUR OWN LIFE CHOICES AND

TO RESPECT FOR YOUR FREE WILL. THIS RIGHT EXTENDS TO AN APPROPRIATE

THIRD-PARTY OF YOUR CHOICE.

AS YOU GROW OLDER AND MAY DEPEND ON OTHERS FOR SUPPORT AND CARE

YOU CONTINUE TO HAVE THE RIGHT TO RESPECT FOR- AND PROTECTION OF- YOUR

PRIVACY AND INTIMACY.

AS YOU GROW OLDER AND MAY COME TO DEPEND ON OTHERS FOR SUPPORT AND

CARE YOU CONTINUE TO HAVE THE RIGHT TO HIGH QUALITY, HEALTH-PROMOTING

CARE, SUPPORT AND TREATMENT TAILORED TO YOUR PERSONAL NEEDS AND

WISHES.

AS YOU GROW OLDER AND MAY COME TO DEPEND ON OTHERS FOR SUPPORT AND

CARE YOU CONTINUE TO HAVE THE RIGHT TO SEEK AND RECEIVE PERSONALIZED

INFORMATION AND ADVICE ABOUT ALL OF THE OPTIONS AVAILABLE TO YOU FOR

CARE, SUPPORT AND TREATMENT IN ORDER TO BE ABLE TO MAKE INFORMED

DECISIONS.

AS YOU GROW OLDER AND MAY COME TO DEPEND ON OTHERS FOR SUPPORT AND

CARE YOU CONTINUE TO HAVE THE RIGHT TO INTERACT WITH OTHERS, AND TO

PARTICIPATE IN CIVIC LIFE, LIFELONG LEARNING AND CULTURAL ACTIVITY.

AS YOU GROW OLDER AND MAY COME TO DEPEND ON OTHERS FOR SUPPORT AND

CARE YOU CONTINUE TO HAVE THE RIGHT TO LIVE ACCORDING TO YOUR

CONVICTIONS, BELIEFS AND VALUES.

YOU HAVE THE RIGHT TO DIE WITH DIGNITY, IN CIRCUMSTANCES THAT ACCORD

WITH YOUR WISHES AND WITHIN THE LIMITS OF THE NATIONAL LEGISLATION OF

YOUR COUNTRY OF RESIDENCE.

AS YOU GROW OLDER AND MAY COME TO DEPEND ON OTHERS FOR SUPPORT AND

CARE, YOU CONTINUE TO HAVE THE RIGHT TO REDRESS IN CASE OF

MISTREATMENT, ABUSE OR NEGLECT

AS YOU GROW OLDER AND MAY COME TO DEPEND ON OTHERS FOR SUPPORT AND

CARE, YOU SHOULD: