The right to independent living as a new frontier of justice: older people, urban spaces and the law
Abstract:
From a theoretical point of view,the project has to be located within the critical legal philosophical reflection on 'non-paradigmatic' subjects (i.e. historically on the margins of society and substantive citizenship) as well as on the interaction between space and law in the processes of social exclusion, discrimination, oppression.
It focuses on older people and on a specific aspects of the so-called ‘spatial justice’: the right to independent living (an umbrella term referring to various forms of living, such as co-housing or community hubs).Older people have been the latest, in chronological order, to claim their recognition as subjects of law and justice.Even before the pandemic – which made the condition of ordinary 'confinement' of many older people visible and prompted a reflection on the pervasiveness of ageism – aging was considered the “new frontier of justice”(Nussbaum 2017).The significant demographic changes taking now place (a real 'challenge' for our democracies) and the presence of conflicting cultural paradigms on ageing call for a solid reflection on this issue.
In the project, the reflection on older people as legal subjects is thus inseparably linked to that on spaces.The guarantee of the right to independent living - i.e. the right to choose where, how and with whom to live, within the community - makes it possible to promote the human wellbeing of the elderly and their social inclusion.This overcomes the ageist approach, in which the elderly person is a 'burden' for society and for those who have to take care of them.Thus, the project is also relevant for the PNRR strategic theme (human wellbeing, cluster Culture, creativity and Inclusive society).
The perspective of critical theories of law, which theoretically characterizes the project, requires the adoption of a bottom-up approach as well as an interdisciplinary contribution.Indeed, critical theories of law aim at elaborating reflections which are in constant dialogue with reality, in order to respond to the real needs of individuals and actively contribute to combating exclusion, discrimination and oppression.For this reason, two empirical researches will be carried out in the course of the project, with direct participation of the elderly and of those stakeholders who play a key role in promoting the right to independent living of the elderly, starting with public administrations.The project is not limited to a critical-deconstructive analysis of the existing situation, but also has normative and application potential, deriving from the elaboration of theoretical-conceptual and empirical tools aimed at guaranteeing the effectiveness of the elderly's right to independent living.On the one hand, it actively contributes to abandoning the current approach based on 'permanent experimentalism';on the other, the project will support the adoption of solutions aimed at achieving inclusive welfare,thus producing a relevant impact also on social and economic sustainability.
It focuses on older people and on a specific aspects of the so-called ‘spatial justice’: the right to independent living (an umbrella term referring to various forms of living, such as co-housing or community hubs).Older people have been the latest, in chronological order, to claim their recognition as subjects of law and justice.Even before the pandemic – which made the condition of ordinary 'confinement' of many older people visible and prompted a reflection on the pervasiveness of ageism – aging was considered the “new frontier of justice”(Nussbaum 2017).The significant demographic changes taking now place (a real 'challenge' for our democracies) and the presence of conflicting cultural paradigms on ageing call for a solid reflection on this issue.
In the project, the reflection on older people as legal subjects is thus inseparably linked to that on spaces.The guarantee of the right to independent living - i.e. the right to choose where, how and with whom to live, within the community - makes it possible to promote the human wellbeing of the elderly and their social inclusion.This overcomes the ageist approach, in which the elderly person is a 'burden' for society and for those who have to take care of them.Thus, the project is also relevant for the PNRR strategic theme (human wellbeing, cluster Culture, creativity and Inclusive society).
The perspective of critical theories of law, which theoretically characterizes the project, requires the adoption of a bottom-up approach as well as an interdisciplinary contribution.Indeed, critical theories of law aim at elaborating reflections which are in constant dialogue with reality, in order to respond to the real needs of individuals and actively contribute to combating exclusion, discrimination and oppression.For this reason, two empirical researches will be carried out in the course of the project, with direct participation of the elderly and of those stakeholders who play a key role in promoting the right to independent living of the elderly, starting with public administrations.The project is not limited to a critical-deconstructive analysis of the existing situation, but also has normative and application potential, deriving from the elaboration of theoretical-conceptual and empirical tools aimed at guaranteeing the effectiveness of the elderly's right to independent living.On the one hand, it actively contributes to abandoning the current approach based on 'permanent experimentalism';on the other, the project will support the adoption of solutions aimed at achieving inclusive welfare,thus producing a relevant impact also on social and economic sustainability.
Dettagli progetto:
Referente scientifico: Bernardini Maria Giulia
Fonte di finanziamento: Bando PRIN 2022 PNRR
Data di avvio: 30/11/2023
Data di fine: 29/11/2025
Contributo MUR: 68.076 €
Partner:
- Università degli Studi di FERRARA (capofila)
- Università degli Studi di BRESCIA
- Università degli Studi di SALERNO
- Università del SALENTO