Critical Essay: Aging Population in Nepal, Rights, Law, and Analysis

This essay provides a comprehensive critical analysis of the aging population in Nepal, examining the challenges and opportunities associated with this demographic shift. It explores the legal frameworks at both national and international levels designed to protect the rights of senior citizens, including the Senior Citizen Act 2063 in Nepal and relevant international treaties. The essay delves into the specific issues faced by the elderly in Nepal, such as health concerns, financial insecurity, and social isolation, with particular attention to the differences between urban and rural settings. It incorporates discussions from various researchers and analysts on the topic, highlighting the impact of youth migration and the importance of social support. Furthermore, the essay includes a case example from Uruguay to illustrate the demographic changes and their implications, providing a comparative perspective. The analysis covers normative, implementation and de facto and de jure gaps, as well as the role of government and other stakeholders in addressing the needs of the aging population, with an emphasis on policy initiatives and social welfare programs. The essay concludes with a reflection on the importance of ensuring the well-being and rights of the elderly in Nepal.

CRITICAL ESSAY ON AGING POPULATION IN
NEPAL, NATIONAL AND INTERNATIONAL
AGING RIGHTS, LINKING LAW, LITERATURE,
CASE EXAMPLES AND CRITICAL ANALYSIS.

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
National and international law to address the ageing issue.........................................................1
Discussion about what other researcher and analyst have written about this issue.....................3
Case example to strengthen the arguments..................................................................................5
Reflective witting on Own experience towards ageing issues.....................................................5
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
Ageing is the natural wonder and unavoidable process. Population ageing is one of the
universal term that creates the humanitarian, economic and social problems in many countries
(Bhandari, 2019). Thus, in Nepal people over the 60 years age considered as elderly. Hence, the
ageing process in Nepal provides both the challenges and opportunities for professionals,
organisation and research.
It can be stated that senior citizen faces deteriorating, health, male nutrition, depression,
isolation and financial incapacity and these are the most common issues faced by senior citizen
within Nepal (Tamang and et.al., 2019).
Furthermore, present report is based on to undertake critical essay on aging population in
Nepal, international and national rights towards aging, case example to justify the issues. Lastly,
critical analysis must be undertaken to determine aging population Nepal. It could be added that
the essay will deal with increasing aging population in Nepal with studying about the rights of
this section of population will be the scope of this report.
National and international law to address the ageing issue
The right towards the health is one of fundamental part. Ageing Nepal is a not for profit but
it is a non-governmental enterprise that is affiliated with social welfare council (Ageing Nepal.
2019). Thus, optimizing Opportunities for good health at all stages of life aids to ensure older
people that can maintain the independences and enhance their social and economic participation
within society. Hence, the senior citizen act 2063 reflects that the senior citizen as people who
are above the age of 60 years.
The population of senior citizen is continually enhancing in Nepal and this is one
amongst the foremost reason to undertake positive development in life expectancy rate of the
senior citizens. Hence, the growth in population of ageing persons and areas in terms of
promoting and realizing the rights to this community is crucial with terms to meet the social,
emotional, development and financial needs. There are numerous matters to the old people in the
countryside parts associated to the city parts since there is popular of the populace lives in urban
area.
Issues in rural and urban areas-
Under-developed countries like Nepal there are numerous features such as health, education,
poverty and transportation plays the crucial role for making the barriers and problems (Mishra
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and Chalise, 2018). Henceforth, it can be stated that poverty is always been the major issues in
rural areas of Nepal. They do not get the primary health care services as to get this they need to
travel 7 to 8 hours just to reach health post.
It could be added that in most of the areas conditions are becoming worse day by day
including like that of rural areas. Abandonment from their own children is known to be one of
the biggest problem or issue with these elderly people into these areas. However, old age people
abandoned by the children during their old age period. Henceforth, urbanization and
modernization are one of the biggest problem for the elderly people to cope-up with it. Thus, in
urban area most of the individuals are busy in their professional life. They have no person to talk
with and these issues lead them towards isolation and feelings of loneliness. So due to these
problem they would be creating certain mental issues like that of stress, depression and trauma
which are known to as psychological problem.
In order to get overcome from it, the government authorities bring adequate amount of laws
to meet the need of elderly people. Therefore, it defined in following context as-
The elderly population is the fastest growing portion within the society. By the 2025, more
than the 1.2 billion people will be above 60 years of age (The International Human Rights Status
of Elderly Persons, 2003). Development and developing countries at the national and
international level address the issue of ageing population in different manner.
Henceforth, the basic rights are as civil and political rights that aid to have immediate
protection and strong international supervision. Thus, Economic, social and cultural rights can be
monitored with help of the general reporting and this mainly considers the goals and aims that
must be clearly resemble the traditional features of the rights (Upreti and Kharel 2019). It can be
argued that in most of the international treaties the rights of old age people are isolated which
means that they are been denied from some basic rights.
Article 17 of the protocol has reflected the protection of the elderly people so that they can
get the safety and security towards the health. Therefore, it can be stated that political and civil
rights provision are extremely crucial to protect the rights of the core fundamental guarantees
elderly people (Chalise and Ghimire-Risal, 2018). Thereafter the right in term of no-
discrimination or fair trail are of some basic guarantees used for protection of older age people
into certain circumstance which will be them access to some basic social security’s benefits as
well.
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Additionally, human rights supervisory bodies have also resorted the other kind of civil and
political rights that aids to expand the protection to the elderly people towards the social security
benefits.
Thus, elderly people should avail right towards the social security and that must be
enshrined the article no. 22 of UDHR and article no. 9 of ICESCR and this this relate with the
provision of the article 11. Hence, it can be stated that to encompass right to contact and this also
provide the right to maintain the welfares for the loss of work related income, health care access,
insufficiency of funds. Therefore, it also helps to get access towards the social security.
However, it can be stated that older people must gave the right to have the data on the rights,
procedures to convey grievances and legal system these all aids to identify the specific needs and
equal value.
Most of the individual will be feeling gap into their rights at both national and international
level. Hence, rights to the ageing people has identified the four type of gaps as-
Normative gap- This act defined as circumstances that depriving the individuals of their
self-respect are not providing for existence of human rights law. Hence, this exist that means
there are no such definition and this definition is inadequate.
Implementation gap- This gap is occurred because obligations and rights are contained in
the law but these are not solely interpreted into the national law and practice. Henceforth, the
lack of discernibility of the subject in global and nation-wide disclosures provides the
understanding in terms to implement the procedures that aids to full fill the obligations (Upreti
and Kharel 2019).
Hence, it can be stated that de Facto defined as state of affairs that is usually true in the fact
and these are not officially sanctioned. This is the method that is generally defined as that
practices towards the elderly people are exist in reality. Although, these are not officially
recognized by the laws. On the other hand, De jure defines as state of affairs that is mainly
concerned with law that is officially sanctioned.
Discussion about what other researcher and analyst have written about this issue.
The issue of abandonment of elderly people is enhancing in Nepal and this is likely to be
even higher in future. As per the view of Ranjitkar, Adhikari and Chand, ( (2018) stated that as
per the census of 2011 shows that over 9% of the population are over the sixty-year-old in Nepal.
However, it can be stated that Nepal is the rich in the culture and tradition. In contrary to Mishra
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and Chalise, (2018) stated that Nepal is rich in the culture of showing respect to the elders and
taking care to the old age people. Although, it can be stated that the life experienced that is
defined by the elderly people gained during their life time and these are highly appreciated by the
younger generation within the Nepal.
Therefore, it can be stated that the elderly people in the Nepal are mainly taken as the assets,
history and pride of the nation because they are having the life experience. As per the view of
started that Nepal is mainly known for he Socio- cultural diversity that are having the various
ethnic groups, language, geographical regions. Henceforth, it can be stated that the Ageing is the
natural phenomenon and this is the inevitable process in life.
In contrary to Shrestha and et.al., (2019) stated that one of the core issue within the old
couple is youth migration in the Urban areas and overseas as well. Hence, the number of the old
people duos is facing the new difficulties that are not seen in the past. Furthermore, the major
glitches confronted by the old generation in Nepal are as anxiety, helplessness, loneliness, and
feeling and enhanced cultural boundaries including house holding ones (Migration and the
Problem of Old Age People in Nepal. 2008).
As per the view of Upreti and Kharel (2019) stated that depression is one of the most
common factor among the elderly people and this is happening due to poor social support, low
income, having no spouse and low educational status. By addressing these issues this can be
possible to have contribution within to improve the quality of life for the elders.
According to the view of Tamang and et.al., (2019) stated that in developing countries like
the Nepal are mainly suffers from the aspects as education, health, transportation and poverty
etc. These all are creating the major challenges and problems. Thus, the major issues they face is
that the only old people lives in the village and they feel isolated this factor leads them to have
negative feeling and it effect on the health of the elderly people. However, stated that the
unemployment, poverty, migration of the children affects the health of the ageing people.
As per the view of Bhandari, (2019) stated that population ageing is the pervasive as it
creates the humanitarian, social and economic problems in many countries of the world.
Henceforth, it can be stated that rapidly increasing growth of the elderly people within Nepal is
one of the serious challenge that is avail to the health service. Henceforth, Bhandari, (2019)
stated that the highlighted effect of declining, fertility and improvement within the public health
intervention has become the world-wide phenomenon to the elderly people. Population ageing is
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one of the pervasive term that mainly creates humanitarian and economic problems in many
countries including the Nepal. Therefore, it can be the welfare of the elderly people must be the
agenda in the three levels. Nepal is one of the developing countries that are facing the increase in
the elderly population. Thus, Nepal government must take the various initiatives towards to
made effective policies, act and planning for the senior citizens.
Case example to strengthen the arguments
The case study of the Uruguay that relate with ageing population on which government has
taken the advantage of the demographic widow.
In this, it has stated that the sixty years ago average life expectancy rate in America was
55.7 years. However, improvement in public health coupled with increase in quality of life and
the level of equality in the societies. However, Uruguay is the country in which having huge
oldest population. Thus, nation is similar to the European countries. Therefore, it can be stated
that “Uruguay is experiencing demographic change, and this is no different from other countries
and this have some special characteristics because it is slower.
During the period of demographic widow, the proportion of the working age adults is
eventually decreasing (How Does an Aging Population Affect a Country, 2016.). Therefore,
stated that decline in the fertility leads to rapid reduction in number of children that increases the
number of the older adults. Hence, this period is termed out as demographic widow. Hence, this
country has focused on following terms as-
Education system that must contribute generating effective human capital.
Enhancement in the capacity of the domestic saving that enables the increased investment
and accumulation of productive capital.
To bring improvement in productivity of the economy through innovation and to have
adaption of technical change.
Reflective witting on Own experience towards ageing issues.
The present topic was based on the Elderly issue in Nepal. I have conducted the critical
analysis over this topic. This has supported me towards to get the depth insights about this topic.
I have noticed that welfare to the elderly people is one of core agenda to the government of the
Nepal. Under this, I have identified the core issue is that family cohesion is one of the major
cause due to it the gap has been identified between the parents and children in urban areas. In
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this, I have identified that combined effect of declining, fertility, improvement in the health
intervention and mortality has become the world-wide phenomenon. Henceforth, I have
identified the Nepal health program and policies that are major focussing over the issues like
population, maternal, child health and disease control.
Under this, I have identified that the one of the core issue relate with it is that the young children
are migrating towards the urban areas. This impact the feeling of the old parents as they feel
isolated and find no one to share their feelings, these are major factor that are creating the major
hurdles in the lives of elderly people in Nepal.
CONCLUSION
Hereby, it can be concluded that ageing is the phenomenon that is mainly creating due to
the factors as humanitarian, social and economic problems. Therefore, the present report was
based on the ageing issue in Nepal.
Henceforth, report has covered the topic as national and international laws for ageing
population, critical analysis on elderly people of Nepal. Lastly, reflection has been undertaken
over the own experience towards the Ageing issues.
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REFERENCES
Books and Journals
Bhandari, K., 2019. Social Security System of Elderly Population in Nepal. NUTA Journal, 6(1-
2), pp.18-24.
Tamang, M.K and et.al., 2019. Nutritional assessment and factors associated with malnutrition
among the elderly population of Nepal: a cross-sectional study. BMC research
notes, 12(1), p.246.
Upreti, M. and Kharel, S.K., 2019. The Rights Of the Ageing. Verdict. 2(7). pp.60-73.
Shrestha, G and et.al., 2019. Cancer Registration in Nepal: Current Status and Way
Forward. Journal of Nepal Medical Association, 57(216).
Ranjitkar, U.D., Adhikari, R.D. and Chand, A., Health status of senior citizens residing in
Tarakeshwor municipality, Kathmandu, Nepal.
Care, P., Doing Elderly Care in Multilocal Families.
Chalise, H.N. and Ghimire-Risal, P.K., 2018. Does Population Ageing Affect the Least
Developed Country Like Nepal?. Geriatrics. 44(3). pp.299-314.
Mishra, S. and Chalise, H.N., 2018. Health Status of Elderly living in Government and Private
Old Age Home in Nepal. Sciences. 11(4). pp.173-178.
Mishra, S. and Chalise, H.N., 2019. Health Status of Elderly Living in Briddaashram (Old Age
Home). Int J Pub Health Safe. 4(172). p.2.
Online
How Does an Aging Population Affect a Country?. 2016. [Online]. Available through: <
http://www.worldbank.org/en/news/feature/2016/09/05/uruguay-como-afecta-pais-
envejecimiento-poblacion>.
Ageing Nepal. 2019. [Online]. Available through :<http://ageingnepal.org/>.
The International Human Rights Status of Elderly Persons. 2003. [Online]. Available
through :<https://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?
article=1199&context=auilr>.
Migration and the Problem of Old Age People in Nepal. 2008. [Online]. Available through :<
https://www.nepjol.info/index.php/DSAJ/article/view/1361>.
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