Il diritto alla vita indipendente delle persone anziane: un “nuovo pianeta”?

The transformation of the social and urban framework is bringing to the fore new needs and interests that call for recognition and protection, as well as forms of subjectivity hitherto “unespected”, which had been relegated to the margins of public discourse and the law. Among them are older persons. Nowadays old age is the object of a profound rethinking. Whereas, in the past, invisibility of older persons was the rule and the private sphere was their natural and almost exclusive “space of presence”, today there is an increasingly understanding that they are fully capable of participating in society. Older persons thus claim their rights, including the right to independent living. Our reflections, conducted from the perspective of the philosophy of law and comparative public law, aim to highlight certain aspects that appear to be particularly important in this regard. After a brief overview of the “spaces” thus far recognized for older persons within the legal sphere, we focus on the implications arising from the consideration of such individuals as subjects in situations of vulnerability. Then, we recall the genesis and the constituent elements of the right to independent living, which may be understood as a legal technique through which to recognize and give effect to the “right to inhabit”. Finally, we seek to outline certain contextual changes that we consider necessary in order to ensure the effective realization of this right.