1.

THE CAPABILITIES APPROACH

The concept of capabilities was originally put forward by Amartya Sen. Nussbaum
describes the approach as: Instead of asking about people’s satisfactions, or how
much in the way of resources they are able to command, we ask, instead, about
what they are actually able to do or be’ (Nussbaum, 2000, p. 12). Or as Sen would
put it, the key consideration should be individual freedom, rather than possession of
resources per se (Sen, 1999). This emphasis on ability fits well with the emerging
‘active ageing’ school of thought. Active ageing attacks ‘dependency policies’, which
emphasize the transfer of certain kinds of resource to older people (pensions, nursing
homes, etc.). It argues that the focus should instead be on policies which optimize older
peoples’ capacity to contribute to their own quality of life and that of others (OECD,
1998; Gorman, 2000). The critique of satisfactions is also relevant for older people.
Nussbaum includes a quotation from a woman in India: To those with low self-regard,
neglect does not seem unjust, and so it does not cause them pain. That is why women
feel ashamed to be upset about the injustice they encounter (letter quoted on p. 111).
Whether neglect of older people does not cause them pain is unlikely. However, the
general argument (that satisfactions are based on expectations and self-esteem) is
often highly applicable to older people. Nussbaum identifies a list of ‘central human
capabilities’. Drawing on Marx and Aristotle, she claims that the items on her list are
essential to human life, helping distinguish it from what would effectively be an animal
existence, and investing it with value and dignity. Her list includes:

(i) life (i.e. not dying prematurely)

(ii) bodily health
(iii) bodily integrity, including mobility
(iv) senses, imagination and thought
(v) emotions
(vi) practical reason
(vii) affiliation, including ‘the social bases of self-respect and non-humiliation’.
(viii) living with awareness and concern for other species and the world of nature.
(ix) play
(x) control over one’s political and material environment.

These should not be understood as discrete phenomena, since capability in one

area will require capability in another, and the whole is greater than the sum of the
parts. Nussbaum argues that when any one of these central human capabilities falls
below a basic threshold, this leads to a loss of human dignity. She sees them as
fundamental, universal human rights, which should provide the moral basis for
national constitutional guarantees.
 This resonates with the rights-based agendas of NGOs such as HelpAge
International, and the development of a new United Nations International Plan of
Action on Ageing. While Nussbaum’s list of capabilities was put together without
older people specifically in mind, this may have been advantageous—some of the
items on this list, such as bodily health, might never have been included, but simply
written off as unfeasible or even inappropriate in later life. Putting together lists of
things which constitute a ‘good life’ is a controversial and potentially hazardous
process Nussbaum notes that her list was the product of years of cross-cultural
discussion and comparison, and, as such, she claims it represents an ‘overlapping
consensus’. Yet, strictly speaking, Nussbaum’s approach should only be taken as
loosely indicative, as it may not reflect the diversity of real personal preferences.
Indeed, other philosophers and social scientists have produced their own versions of
such lists, which are derived from different philosophical and normative standpoints
(Alkire, 2002). More often than not, received wisdom about the real preferences of
groups such as older people is based more on assumptions than direct knowledge.
Nussbaum’s approach is more prescriptive than Sen, who places greater emphasis
on personal and social values (Sen, 1992). This objection may seem minor, and it is
true that Nussbaum’s list at the very least provides a useful and ambitious point of
departure for further debate.

However, this objection is linked to a wider set of concerns about agency issues,
which are considered later in the paper. Nussbaum goes on to distinguish between
different kinds of capability.

(i) Basic capabilities are ones a person is born with, and are immutable.
These often involve latent potential, which may or may not be developed
in later stages of a person’s life.
(ii) Internal capabilities are ones a person develops through life. For example,
a 20-year old will have a different set of capabilities to a 10-year old.
(iii) Combined capabilities refer to the interplay of internal capabilities and the
facilitation/constraints of the external environment. For example, an older
person may not have the internal capability to engage in hard manual
work. But external constraints may mean they are excluded from other
types of work. Taken together, this means the person lacks a combined
capability to work—a common problem for poor older people in the South.

Any difference between basic and internal capabilities may be difficult to

establish in reality, and is unlikely to be of relevance for well-being and policy for older
people. The distinction between internal and combined capabilities is of much greater
interest. When putting forward this distinction, Nussbaum does not refer specifically to
issues of agency and structure, but these are integral to her approach. Indeed, her
‘combined capabilities’ might be more effectively portrayed as an agent/structure
interface.

Like Sen, Nussbaum stresses the difference between capabilities and

functionings. The former is having the freedom to do or be something; the latter whether
or not this happens. People are usually in a position to choose between alternative
functionings, and this will be influenced by their own particular values and preferences.
It is generally accepted that capabilities are seen as more important than functionings.
For example, an older person may have the freedom (i.e. the capability) to continue in
work, but may choose not to. However, the distinction between preference and
capabilities is not always black and white. In some poorer countries, older people do not
take advantage of cataract operations to end their blindness. Research has shown that
this is not always because of obvious obstacles such as direct costs or opportunity
costs. Instead, it may be because of low selfesteem, fear or cultural taboos (Fletcher et
al., 1999). In this context, it may be difficult to separate freedom of agency from a
constraining environment or an empowering one. The rest of the paper will assess the
usefulness of the capabilities approach in explaining the experience of later life, with
particular reference to developing countries. This serves as a test of the universality of
the capability approach. It may also help to provide a new perspective for understanding
the situation of older people. As part of this, the paper will consider the potential policy
implications of applying the capabilities approach.

Source:
http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.196.6890&rep=rep1&type=pdf

2. Section 3. Section 2 of Republic Act No. 7432, as amended by Republic Act No.
9257, otherwise known as the Expanded Senior Citizens Act of 2003", is hereby
further amended to read as follows:

SEC. 2. Definition of terms. - For purposes of this Act, these terms are defined as
follows:

"(a) Senior citizen or elderly refers to any resident citizen of the Philippines at
least sixty (60) years old;

3. HAHAHA. Walang senior sa bahay. Wala po akong matanong. Mostly po nang

nakikita kong answers sa net are about their privileges.

SEC. 4. of Republic Act No. 7432 Privileges for the Senior Citizens. -

The senior citizens shall be entitled to the following:

"(a) the grant of twenty percent (20%) discount and exemption from the value -added
tax (VAT), if applicable, on the sale of the following goods and services from all
establishments, for the exclusive use and enjoyment or availment of the senior citizen

"(1) on the purchase of medicines, including the purchase of influenza and

pnuemococcal vaccines, and such other essential medical supplies, accessories
and equipment to be determined by the Department of Health (DOH).

"The DOH shall establish guidelines and mechanism of compulsory rebates in

the sharing of burden of discounts among retailers, manufacturers and
distributors, taking into consideration their respective margins;

"(2) on the professional fees of attending physician/s in all private hospitals,

medical facilities, outpatient clinics and home health care services;

"(3) on the professional fees of licensed professional health providing home

health care services as endorsed by private hospitals or employed through home
health care employment agencies;

"(4) on medical and dental services, diagnostic and laboratory fees in all private
hospitals, medical facilities, outpatient clinics, and home health care services, in
accordance with the rules and regulations to be issued by the DOH, in
coordination with the Philippine Health Insurance Corporation (PhilHealth);

"(5) in actual fare for land transportation travel in public utility buses (PUBs),
public utility jeepneys (PUJs), taxis, Asian utility vehicles (AUVs), shuttle services
and public railways, including Light Rail Transit (LRT), Mass Rail Transit (MRT),
and Philippine National Railways (PNR);

"(6) in actual transportation fare for domestic air transport services and sea
shipping vessels and the like, based on the actual fare and advanced booking;

"(7) on the utilization of services in hotels and similar lodging establishments,

restaurants and recreation centers;

"(8) on admission fees charged by theaters, cinema houses and concert halls,
circuses, leisure and amusement; and

"(9) on funeral and burial services for the death of senior citizens;

"(b) exemption from the payment of individual income taxes of senior citizens who are
considered to be minimum wage earners in accordance with Republic Act No. 9504;

"(c) the grant of a minimum of five percent (5%) discount relative to the monthly
utilization of water and electricity supplied by the public utilities: Provided, That the
individual meters for the foregoing utilities are registered in the name of the senior
citizen residing therein: Provided, further, That the monthly consumption does not
exceed one hundred kilowatt hours (100 kWh) of electricity and thirty cubic meters (30
m3) of water: Provided, furthermore, That the privilege is granted per household
regardless of the number of senior citizens residing therein;

"(d) exemption from training fees for socioeconomic programs;

"(e) free medical and dental services, diagnostic and laboratory fees such as, but not
limited to, x-rays, computerized tomography scans and blood tests, in all government
facilities, subject to the guidelines to be issued by the DOH in coordination with the
PhilHealth;

"(f) the DOH shall administer free vaccination against the influenza virus and
pneumococcal disease for indigent senior citizen patients;

"(g) educational assistance to senior citizens to pursue pot secondary, tertiary, post
tertiary, vocational and technical education, as well as short-term courses for retooling
in both public and private schools through provision of scholarships, grants, financial
aids, subsides and other incentives to qualified senior citizens, including support for
books, learning materials, and uniform allowances, to the extent
feasible: Provided, That senior citizens shall meet minimum admission requirements;

"(h) to the extent practicable and feasible, the continuance of the same benefits and
privileges given by the Government Service Insurance System (GSIS), the Social
Security System (SSS) and the PAG-IBIG, as the case may be, as are enjoyed by those
in actual service;

"(i) retirement benefits of retirees from both the government and the private sector shall
be regularly reviewed to ensure their continuing responsiveness and sustainability, and
to the extent practicable and feasible, shall be upgraded to be at par with the current
scale enjoyed by those in actual service;

"(j) to the extent possible, the government may grant special discounts in special
programs for senior citizens on purchase of basic commodities, subject to the guidelines
to be issued for the purpose by the Department of Trade and Industry (DTI) and the
Department of Agriculture (DA);

"(k) provision of express lanes for senior citizens in all commercial and government
establishments; in the absence thereof, priority shall be given to them; and

"(l) death benefit assistance of a minimum of Two thousand pesos (Php2, 000.00) shall
be given to the nearest surviving relative of a deceased senior citizen which amount
shall be subject to adjustments due to inflation in accordance with the guidelines to be
issued by the DSWD.1avvphi1
"In the availment of the privileges mentioned above, the senior citizen, or his/her duly
authorized representative, may submit as proof of his/her entitled thereto any of the
following:

"(1) an identification card issued by the Office of the Senior Citizen Affairs
(OSCA) of the place where the senior citizen resides: Provided, That the
identification card issued by the particular OSCA shall be honored nationwide;

"(2) the passport of the senior citizen concerned; and

"(3) other documents that establish that the senior citizen is a citizen of the
Republic and is at least sixty (60) years of age as further provided in the
implementing rules and regulations.

"In the purchase of goods and services which are on promotional discount, the senior
citizen can avail of the promotional discount or the discount provided herein, whichever
is higher.

"The establishment may claim the discounts granted under subsections (a) and (c) of
this section as tax deduction based on the cost of the goods sold or services rendered:
Provided, That the cost of the discount shall be allowed as deduction from gross income
for the same taxable year that the discount is granted: Provided, further, That the total
amount of the claimed tax deduction net of VAT, if applicable, shall be included in their
gross sales receipts for tax purposes and shall be subject to proper documentation and
to the provisions of the National Internal Revenue Code (NICR), as amended."

4. Key Indicator? Is it by chance or by luck? GO KUYA JEMAR!!

5. What are their needs?

As we age, we often face additional needs and challenges connected to getting older. If
a family member, neighbor, or friend has reached a point where he needs assistance
with his daily routine, you'll need to know what those daily needs are. Allow him to be as
independent, while respectfully helping him with the tasks that have become difficult.

Mobility

Mobility is important to the elderly, even if it is just within their own surroundings. Make
sure they are properly fitted for either a wheelchair, motorized mobility chair, walker or
cane. Install a wheelchair ramp, hand rails and wider door wells to make getting around
the house hassle-free. A hospital bed, shower chair, lift or tripod bar may assist with
getting up from bed or staying safe in the shower.

Transportation

Transportation can be lifesaving to an elderly person. If he can no longer drive, set up

transportation so he can get to and from medical appointments and physical therapy.
Having a caretaker or assistant who visits on certain days to take an elderly person to
run errands, to attend a social function or to go to the doctor is beneficial.

Medication

Senior citizens need proper medication to remain healthy. This begins with adequate
medical care, such as doctor's visits, dental care, foot care, eye care, physical therapy
and psychiatric therapy, if needed. If they need assistance with taking their pills or
giving themselves shots of insulin, a home-health nursing system may need to be
added to their daily plan of care.

Personal Care

Personal care is an important daily need for a senior citizen. She may need assistance
with bathing, dressing and personal grooming. A home-health aide or other family
member can help with these tasks, if necessary.

Nutrition

An elderly person needs proper nutrition to stay healthy and enjoy a comfortable life.
Have a nutritionist or caregiver go over a daily meal plan to know what foods best fit that
person's lifestyle. Meals can be prepared weekly so it is easier for the senior citizen to
heat and eat a warm meal every day. Programs such as Meals on Wheels ensure that
an elderly person receives at least one healthy meal daily.

6. How to accord equality?

“Senior rights are civil rights. We’re not just talking about social service
accommodations; today’s older Americans want social equality.” The late Dennis Mahar
(1952-2016) was always great for quotes, and this was the best one I got from him
during research for my master’s degree. And he would know — Mahar spent 35 years in
public service, many of them as the executive director of the Area Agency on Aging.

When Mahar passed in 2016, our state lost a passionate advocate for senior rights, and
those who had the opportunity to work with him lost a great inspiration who got us to re-
think our ideas about aging.

At the time of my interview with him, I approached senior issues as social service needs
to be accommodated and managed. Back then, I had a keen interest in developing
senior housing, the big splashy kind that looks fabulous in news articles with photos
from the grand openings. But the deeper I got into my studies, the more I learned that
most senior citizens want to “age in place” in a familiar environment, rather than be up-
rooted and moved into a large facility, away from the places they called home for most
of their lives.
On a parallel track within my own family, I learned quickly that my elderly parents had
zero interest in leaving their home and took a dim view of my good intentions to relocate
them to my idea of a better place. Senior housing is not just an accommodation, it’s the
home where older people continue to live full lives.

What I learned through interviewing older adults growing older myself, is that aging is
about more than services, housing and resources. It’s about respect and support for
older adults to choose where they live and what kinds of services they need. All this got
me thinking about where I want to live when I get old and what kind of help I want when
I’m no longer able to make it on my own.

Apparently I’m not alone in thinking about aging. Of all the generations to enter their so-
called “golden years,” my generation of baby boomers is notoriously chatty about it. On
one hand, we are quick to share the “oy vey” stories about “managing” our parents lives,
sometimes whether they need our help or not. But on the other hand, we are not so
forthcoming about how our own children may start to look at us like we are now their
problems to be “handled.”

And then there are the issues that are tougher to face, much less talk about. Many older
workers are keenly aware of the risk of being squeezed out of the job market because
they are over 60. And seniors have fears of outliving their money. Senior poverty and
food insecurity are real problems, often hidden from view when older adults become
socially isolated. Access to health care appears to be in jeopardy with the pending
elimination of the Affordable Care Act.

And on a lighter note, none of us think it’s fair to be pushed to the sidelines of popular
culture just because we don’t get Twitter.

Over the next year, I will use this column to explore issues of aging and the rights of
older adults. This includes the hot topics of senior housing, health care and inter-
generational workplaces. It also includes some of the same issues faced by all
generations — how well does the service network embrace the diversity of race, gender
identity and sexual orientation among older adults? And the perhaps the largest issue is
the pending “age wave” of the coming Baby/Elder Boom, expected to overwhelm
existing service networks. Every year there are over 3 million Baby Boomers hitting age
65 and beginning to tap Social Security and Medicare. Given that the future of those
programs is at risk under the current presidential administration, aging affects everyone.

As good as Mahar’s quote was, it took years for it to really sink in. Now’s a good time to
consider the ways that senior rights are civil rights. We have lots to talk about. Please
join in the discussion.

Source: Social equality: Senior rights are civil rights BY ANNA SCHLECHT