Legal Procedures Guaranteeing the Right to Identity of Older Adults in the Department of Santa Ana

Abstract

Currently, there is a high percentage of older adults who lack a registered birth certificate and, therefore, do not possess a national identity document, hindering or even nullifying their active participation in the socioeconomic life of the country. The registration of a person's birth is the foundation for accessing all other rights; consequently, guaranteeing the right to personal identity for older adults is an unavoidable obligation of the State, which must establish and regulate simple and expeditious legal procedures to fulfill this objective.

In this regard, the research was based on available documentary information and interviews conducted with the actors involved, with the primary purpose of analyzing the effectiveness of administrative and judicial procedures that guarantee and protect the personal identity rights of older adults. The findings revealed that, as a general rule, these legal procedures are effective in practice. However, regarding the evidentiary requirements necessary for implementing such procedures for individuals over seventy-five years of age or those residing in nursing homes, obtaining direct and appropriate evidence is often more difficult. Nevertheless, this situation can be addressed through the incorporation and complementary use of testimonial reference evidence, allowing these mechanisms to become less rigid and restrictive in the evaluation of evidence, thereby preventing violations of the right to identity of older adults.