|Opis:||As in European Union, there are also two key factors in Slovenia which influence on the phenomena of geographical changes and because of which the theme of protection of elderly people is in the forefront in all European Union countries.
These two key factors are:
- a low birth rate on one side
- and a rapid growth of number of people aged 65 and more on the other side.
In finding the appropriate solutions in order to mitigate or eliminate the factors, Slovenia has been successful especially in addressing the issue of low birth rate in the period 2008-2011. There has also been important progress, in Slovenia and in all the European Union, in the field of taking the appropriate measures regarding care and protection of persons aged 65 and more. With new adopted measures, the countries of the European Union wish to solve the current situation, which is aimed to guarantee the proper social protection and medical care for people aged 65 and more on one side, and to “protect” younger generations on the other side. In Slovenia, the amendments are aimed at the field of protection of elderly people (the basic law is changing – Social Assistance act), professional legislation (mini jobs enactment), health system (health fund solution) and pension scheme reform (the extension of the period of employment). The changes, listed above, entail a lot of reluctance and uncertainty among the public. The dynamic of searching the appropriate measures at national level has affected my decision to present the legislative regulation of institutional care of elderly people in the Republic of Slovenia. Slovenia has made an important turning point in the field of institutional care of elderly people, when it has taken a decision to grant more public authorizations for performing the activities of institutional care of elderly people = concessions to private undertakings. Thus, it has consciously opened a public network of institutional care of elderly people and enabled an entrance of private capital for performance of public service of elderly people care. Regarding current legal options, this entrance is shown especially in equalising the rank of public operators performing institutional care of elderly people with concessionaires, and, to a lesser extent, in a form of public – private partnership. A “positive competition” has arisen in the tender market of institutional care of elderly people covering the social and medical care, which increases the level of service performance among service tenderers in struggle for existence and in this way indirectly assures an improvement in the care of elderly people. The concessionaires, who have been obliged to built new, modern facilities, fully adjusted to life abilities of elderly people in order to even begin to perform the practise of institutional care of elderly people, have brought the quality level of performing the institutional care of elderly people. Because of this phenomena, the public homes for the aged, whose premises are mostly deteriorated, will have to bring habitable conditions closer to those in private homes for the aged. When performing the institutional care of elderly people, modern habitable conditions are not the only ones of great significance, the vital concern is the factor to ensure fundamental human rights of spending someone’s old age with dignity. The problem of proper implementation of the rights of the elderly and infirm persons is defined in a number of sources of international law. The latter do not mention directly the protection of elderly, but they regulate it indirectly by the right to life, right to social security and the right to social assistance and health care. At national level, there is a number of adopted law sources governing the performance of practising the institutional care of elderly.
Taking everything into account, in the first part of master’s thesis the attention shall be given to familiarization with sources of international and national law, on the basis of which it is possible to talk about the effective performance |