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The cross between aging and progressive dependence gives rise to one of the most vulnerable stages in the existence of every human being. In this paper I ask myself to what extent the perspective of human rights is being correctly applied to this group of elderly and highly dependent people. To answer this question, I begin by distinguishing between the concepts of existential vulnerability and constructed vulnerability. While the first must be assumed by individuals and cared for by society, the second must be fought. Next, I review the public policies that have been promoted at a global and regional level in relation to the recognition of the rights of older people who are becoming increasingly dependent. This review leads me to notice a certain disproportion between the insistence on guaranteeing the rights of the elderly who can act autonomously compared to those who, being highly dependent and close to dying, can barely lead an independent life. This emphasis on active and healthy ageing, if it does not integrate long-term and end-of-life care, may end up turning against older people when they are more fragile, because it is based on a lack of knowledge of existential vulnerability that generates constructed vulnerability. [ABSTRACT FROM AUTHOR]