An older adult sued a banking institution the reintegration of resources that had been deposited in his retirement savings accountafter the bank of which he was the account holder to make a disposition based on a debt derived from a contract of credit opening.
He Judge of knowledge, it absolved the banking institution, considering that it had acted in accordance with the clauses agreed upon by the parties.
The older adult promoted a direct protection trial in which he alleged that the requested resolution violated the right to salary and to have a minimum vital for a dignified life.
He Collegiate Circuit Court of knowledge denied protection because he considered that the right to salary was not affected in terms of article 123 of the Political Constitution of the United Mexican States. Dissatisfied with said resolution, the older adult filed an appeal for review, which was heard by the First Chamber of the Supreme Court of Justice of the Nation.
The First Room of the SCJN recognized “the need to adopt a human rights perspective applied to old people consisting of a system of rules and principles that recognizes advanced age as a condition that can generate disability and dependency, in which older people may not have access to the enjoyment and exercise of their fundamental rights on equal terms with the rest of the population. the population”.
“In this regard, although being a old person is not synonymous with being vulnerable, it is undeniable that within this group there are people with a multiplicity of life circumstances that could merit special legal protection”.
“This perspective on the human rights of the elderly implies a jurisdictional duty to reconcile the principles of personal autonomy and protection by paying specific attention to acts that put their human dignity at risk, especially the violation of those rights that are most susceptible during advanced age, such as the right to a minimum living wage, social security and an effective judicial remedy, and according to the characteristics that determine this stage such as health conditions and the existence of support networks; as well as the intersection with other factors such as socioeconomic condition, gender, religion or ethnic group of belonging.”
The First Chamber justifies its resolution in that: “This perspective of old person derives from the interpretation of the obligations adopted by the Mexican State regarding the special protection that elderly people in vulnerable situations could require, in accordance with articles 1o. constitutional, 6 of the Inter-American Convention on the Protection of the Human Rights of Women Old people and 26 of the American Convention on Human rightssince there is an emphasized demand for inclusion so that older people can have access to social and legal services that ensure greater levels of autonomy and dignity.”
Giving rise to the jurisprudence of the field: HUMAN RIGHTS PERSPECTIVE APPLICABLE TO ELDERLY PEOPLE published last Friday, September 29, 2023 in it Judicial Weekly of the Federation and its digital registration Gazette: 2027326.
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