Ethics of care and legal protection in population aging

Abstract

Peru’s aging population reflects demographic progress accompanied by the fragility of family and
community networks, which exposes older adults to forms of vulnerability that go beyond economic
factors. This article critically analyzes social fragmentation and the deterioration of support networks
among older adults in Peru to justify, from the perspectives of bioethics and social justice, the need
for a comprehensive legal framework for maintenance agreements. Through a critical review of
the literature, it is evident that the weakening of community ties increases the risk of isolation and
precariousness, while current regulations prioritize financial instruments such as reverse mortgages,
which are insufficient to address the need for companionship and social belonging. It is concluded
that the maintenance contract, reinterpreted from the perspective of the ethics of care, constitutes a
regulatory pathway capable of articulating dignity, autonomy, and intergenerational solidarity.