DOI: 10.12688/f1000research.187314.1 ISSN: 2046-1402

Protecting Older Persons in the Criminal Justice System: Procedural and Penal Responses in Emirati and French Laws

Gehad AbdelAziz, Enas Alqodsi
Show PDF Cite
At a juncture where criminal law intersects with the vulnerability of the aging human body, age emerges as a decisive criterion for assessing the fairness of criminal justice systems and their commitment to human dignity. With advancing age, physical and psychological capacities often decline, increasing older persons’ exposure to the harms of criminal procedures and punitive measures. This reality calls for a reassessment of whether general legal rules are sufficient to ensure fair and humane treatment of elderly defendants and convicted persons. This study addresses the consideration of age-related vulnerability through a comparative analysis of Emirati and French laws. It proceeds from the premise that genuine equality is not achieved through uniform treatment, but through recognition of objective differences, particularly age. Adopting a comparative analytical methodology, the research examines Emirati criminal legislation, including procedural, substantive, and correctional laws, to assess their capacity to accommodate older persons at the stages of investigation, trial, and execution of punishment. The analysis draws on French legislation and human rights jurisprudence, highlighting obligations to consider age and health and prevent degrading treatment. Findings show Emirati law protects older victims but lacks comprehensive safeguards for elderly defendants, underscoring the need for aging sensitive procedural reform.

More from our Archive