P.R. Laws tit. 1, § 723

2019-02-20 00:00:00+00
§ 723. Public policy

Safety and protection, as well as a sense of belonging, self-esteem, and self-fulfillment are the aspirations that every adult experience with the passing of time. Carrying for the elderly population and providing them with services to improve their quality of life are top priorities for the Government of the Commonwealth of Puerto Rico. The development of activities and actions that contribute to maintaining the independence of the physical, mental, and social capabilities of these persons within their family and social environments is essential to attain their well-being and their active involvement in the community.

To achieve these purposes, it is necessary to plan in an integrated manner the government action geared toward providing the services needed to fulfill the aspirations of this sector, namely, health, social welfare, financial security, housing, education, and recreation, among others. At present, different public and private agencies and entities offer services to the elderly. The effective coordination of all of these government services and resources is necessary to attain a better use thereof.

Public policy planning and implementation must integrate families and the community into the service rendering system, since they are the main support of the elderly. In turn, said public policy shall promote the participation of the elderly in the decision-making process that affects their lives and encourage the elderly’s involvement in activities and actions directed to satisfying their own needs and the needs of their fellow citizens.

Therefore, it is the public policy of the Commonwealth to guarantee the protection of the human rights of the elderly, their full development, and the exercise and enjoyment of their fundamental freedoms. Recognizing that the elderly have problems which often make it difficult for them to participate in the political, social, economic, cultural, and civic life, it is necessary to strengthen and consolidate the tools and mechanisms that the Commonwealth has available to effectively implement this public policy. Upholding these rights and ensuring that the elderly, regardless of their geographical location, race, ethnicity, marital status, social and economic status, physical capability, and political or religious affiliation have access to the participation processes generated by the Office in the discharge of its functions are an essential part of this public policy.

The Office and the position of the Ombudsman for the Elderly are hereby created in order to oversee the implementation of this public policy and its observance by public agencies and private entities. This Office shall have educational, investigative, oversight, regulatory, and quasi-judicial functions for the purpose of conducting investigations, providing remedies, and taking corrective actions as necessary for any action or inaction that violates the rights of the elderly. Likewise, this Office is hereby empowered to act on its own motion as the representative of the elderly, individually or as a class, to uphold their rights and to approve regulations to oversee and ascertain that government agencies and private entities or institutions are complying with the public policy and meeting the objectives of this chapter.

History —July 24, 2013, No. 76, § 4.