ABSTRACT

This chapter re-evaluates how the debate on the existing legal framework has gradually emerged. It outlines how regulatory actors of the gerontological sector initially failed to agree on whether to legislate restrictions on the freedom of movement of certain seniors, especially considering the risk of discrimination that such a text potentially represented. The proposed analysis is based on empirical data of varying natures. The debate on opportunities of a specific legal framework for restrictions of the freedom of movement of the elderly begins slowly emerging from the 1990s. The idea of introducing new legal provisions was broached and opened up a debate on the consequences of a specification of legal rules for some of the elderly. The question of a legal status of vulnerable seniors was first addressed in the framework of public action dedicated to Alzheimer's disease.