The Welfare of the Elderly through a System of Social Services (Article 50 of the Constitution)

The Shortcomings of the Residential Centers highlighted by COVID-19

Abstract

COVID-19 demands, have shown the need to review, both at a central and regional level, the scheme of our legal regulation of social benefits, in particular residential homes for elderly, following section 50 and Chapter VIII of the Spanish Constitution. The Spanish Social Security System lies on lower ranks norms, and the System for Autonomy and Attention to Dependency is decentralized on behalf of the Autonomous Regions, hence the omission and inability of the State to provide a proper response to the dramatic situation lived in the residential homes as a result of the pandemia. Likewise, the fact that in accordance to said regulations residential homes for elderly provide care only but not health care, despite the self-evident connection between both social services, further showcase the lacks of our system. Following the conclusions of our analysis, we propose some, not only legal but approach wise, amendments to front face one of the key social challenges of the XXI century and further: aging.