Access to justice for older persons in Paraguay

Abstract

Older persons face systemic barriers that condition the effectiveness of their fundamental rights before judicial bodies. This study aimed to analyze the degree of guarantee of the right of access to justice for older persons in the Paraguayan context, through the examination of the domestic regulatory framework and its conformity with the standards of the Inter-American Human Rights System. The methodology corresponds to a dogmatic-legal type of research, developed under a qualitative, non-experimental–cross-sectional design with a descriptive-analytical scope, based on documentary and bibliographic review of constitutional provisions, national statutes, international treaties, and current public policies. The target population was delimited as the legal and regulatory instruments governing access to justice for older persons, applying legal analysis techniques and normative systematization. The results evidenced that, although the Paraguayan legal system formally recognizes the right of access to justice for this age group, structural, procedural, and cultural barriers persist that hinder its effective exercise, particularly in terms of infrastructure, training of judicial officers, and procedural accommodation. A gap was likewise identified between domestic provisions and the international standards assumed by the Paraguayan State. It was concluded that further normative harmonization, the strengthening of specific public policies, and continuous training of judicial system actors are necessary, as key analytical implications to ensure effective and differentiated judicial protection for older persons.