The principle of equality as a guarantee of access to work for older adults: a challenge still pending

Abstract

The principle of equality as a guarantee of the right of access to work for the elderly is an issue under debate for the legal world and society. This paper analyzes whether this guarantee is effective in Latin American countries, for which a qualitative approach and a grounded theory design have been used. The technique of interview and documentary analysis was also used. The results reveal that the principle of equality is protected from the supranational and national levels, likewise, prejudices about work in middle age persist. The protection of access to work for older adults is based on doctrine, norms, and national and international jurisprudence, specifying the usefulness of human rights and active and positive aging approaches. It is emphasized that the elderly population is growing rapidly, and Latin American countries must prepare to have an effective law that guarantees the exercise of this right without any discrimination.