"May I have a double bed please": aged care, sexuality and the law

Abstract

We live in an ageing society. Globally governments are dispensing with retirement ages as the cost of supporting an older population has, it is said, created the need for people to work longer into their lives. But as the elderly are constructed as a burden, what are the implications of this for those older people that need supported care in institutional settings? And in particular, how are their sexual rights accommodated in those settings? The sexuality of the elderly has been historically under researched and been almost a taboo area. This paper examines the literature in this area and explores the possibility of law's role in shaping the sexual rights of the aged in care settings. In particular, the rights of GLBTI persons in those settings will be examined with respect to recognition of their sexuality and sexual needs.