JUSTICE FROM THE PERSPECTIVE OF THE ELDERLY. ITS VIOLATION BY THE CONSTITUTIONAL JURISDICTION AND THE CITY HALL OF COCHABAMBA IN THE CASE OF THE ELDERLY MAN DISPOSSESSED

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Rodrigo Rene Cruz Apaza

Abstract

Contemporary constitutional systems recognize the need to grant special and reinforced protection to the rights of certain groups; for example, the human rights of the elderly, which require special protection by the State at all levels (federal, state, and local) due to their vulnerable condition. Although this is an ideal to strive for in a constitutional state, unfortunately, the regulations are often not reflected in reality. This is the case, for example, of a citizen whose case needs to be investigated because it exemplifies how the administration of the City Hall of Cochabamba and the constitutional jurisdiction do not comply with the requirements of adjudication from an older adult perspective and can be instruments for depriving older adults of their right to housing. The purpose or objective of this research is therefore to analyze the case of the “dispossessed elderly man” to illustrate the lack of attention to the trial with an elderly perspective by the constitutional jurisdiction and the Cochabamba City Council. The methodology used for the collection and analysis of legal, regulatory, and theoretical documentary information was bibliographic-doctrinal, a tool that made it possible to verify that neither the Cochabamba City Council nor the constitutional jurisdiction has applied the elderly perspective in the prosecution of crimes against the elderly. the methodology used for collecting and analyzing legal, regulatory, and theoretical documentary information was bibliographic-doctrinal, a tool that made it possible to verify that neither the Cochabamba Mayor's Office nor the constitutional jurisdiction has applied the elderly perspective in the judgment of the guardianship claim of the senior citizen whose case was addressed, an unreasonable abstention that has resulted in this person being deprived of their right to housing to date.

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