Highlights from the Briefing by the UN Independent Expert on the enjoyment of all human rights by older persons and Human Rights Treaty Bodies.

The two Co-facilitators, the Ambassadors of Portugal and Brazil welcomed all to this first informal briefing of three to be organised as part of the intersessional work programme of the Open-Ended Working Group on Ageing (OEWG) this year. They invited the speakers to share their assessment of the normative gaps that exist in the international system with respect to older people’s human rights and their protection under existing human rights mechanisms?

Panel:

Dr. Claudia Mahler, Independent Expert on the enjoyment of all human rights by older persons

  1. Although the Universal Declaration on Human Rights should include older persons, there is no treaty body to monitor the rights of older persons. This is apparent through the very small number of recommendations specific to older persons that have made in the Universal Periodic Review process compared to the many thousands on children and persons with disabilities for example. A dedicated UN convention on the rights of older persons would raise awareness across the various monitoring bodies.
  2. The current protection framework is inadequate and does not address specific issues; dedicated treaties can give valuable guidance to Member States. The Madrid International Plan of Action on Ageing is a policy framework and not a human rights treaty therefore limited in its impact.
  3. Since the OEWG was established in 2010 and throughout her mandate, all reports have evidenced that the current human rights framework is not sufficient for the promotion and protection of the rights of older persons. She highlighted gaps in many areas of rights that have been covered and discussed.
  4. Different forms of intersectional discrimination against older persons are also not well addressed. In older age, if you are poor and have a disability for example, you are much more at risk and this was demonstrated by the experience of COVID-19.

Mr. Mohamed Ezzeldin Abdel-Moneim, Chair, Committee on Economic, Social and Cultural Rights

  1. He agreed with Claudia Mahler and called for a dedicated legal framework as soon as possible as the current one is insufficient and fragmented.
  2. His experience has shown that the growing population of older persons have to be treated as a vulnerable group and are sometimes more vulnerable than others, including in times of crises where the impact can be worse on them.
  3. Work must be accelerated towards a new legal framework that is compact, legally comprehensive, and fully binding. State parties should also be asked to take interim measures to support the rights of older persons. The Committee on Economic, Social and Cultural Rights will work on a General Comment and how to bring Claudia Mahler’s ideas into their dialogue with State Parties.

Ana Pelaez Narvaez, Chair, Committee on the Elimination of Discrimination against Women

  1. The Committee is aware of the specific situation facing older women in relation to human rights. The Convention on the Elimination of Discrimination Against Women (CEDAW) has General Recommendation 27 focused on older women, which provides real guidance. Older women are also considered in the work the CEDAW committee and in the reviews thanks to civil society’s contributions.
  2. Older women are considered in other General Recommendations, e.g. 33 – Access to Justice – where there is awareness that legal capacity is not available or other exclusions including the institutionalization of older women reducing their access to justice are important issues. It was also noted that there are some older women among the experts on the CEDAW Committee.
  3. CEDAW is working on a new General Recommendation 40 focused on the equal and inclusive participation of women in decision-making systems in the public and private sectors where older women cannot always participate on an equal basis, and input to this draft is welcome.

Ms. Gertrude Oforiwa Fefoame, Chair, Committee on the Rights of Persons with Disabilities

  1. OEWG was established to address the human rights of older persons. Age and disability are not synonymous. The Convention on the Rights of Persons with Disabilities (CRPD) is not adequate for addressing the totality of human rights of older persons. It is evident that there is a pressing need to prepare a new comprehensive UN convention to address all rights of older persons.
  2. The current UN treaties do not address all rights specific to older persons. Older persons with disabilities should not be ignored just because they are supposed to be covered by the CRPD as some face having their benefits taken away when they retire, for example.
  3. CRPD is actively engaged in and advocating for the protection of the rights of older persons. Older persons are too often seen as beneficiaries rather than as rights holders. The Committee stands ready to collaborate to ensure that the rights of older persons are fully respected.

Fiorella Melzi, Representative of Ms. Margarette May Macaulay, Rapporteur on the Rights of Older Persons, Inter-American Commission on Human Rights

  1. There is a specific regional treaty which 11 states have now signed. A follow-up mechanism will be established to monitor implementation of this convention.
  2. A first report on human rights in the region has been issued identifying emerging issues and highlighting certain state practices, for example, regarding the lack of statistical information. The collection of data is a major challenge particularly for the older age groups on violence, abuse, sexual and reproductive health and rights, and groups that have historically been discriminated against. There must be cross sectional analysis of these diverse groups.
  3. There are some laws on ageism and age discrimination but states fail to ensure compliance to eradicate ageism in all areas of the country. This needs to improve and ways to address this strengthened.
  4. Older people’s autonomy should be better protected by strengthening international care systems and community integration should include older persons’ participation. States must monitor operations of private parties as COVID-19 demonstrated. Government bodies should be strengthened to give them the tools and power to do this.

 Ms. Aoife Nolan, President, European Committee of Social Rights, Council of Europe

  1. There is no treaty but a wide ranging provision in Article 23 that captures a range of rights in Europe and more widely. The provision enables older persons to remain full members of society, play an active life in society and the economy, lead independent lives including through access to appropriate housing. Older persons living in institutions should be able to participate in decisions related to living conditions there. She emphasized social inclusion and equal and active citizenship. The provision does not mention institutionalization, which the Committee has pushed against. States need appropriate legislation to combat ageism and elder abuse.
  2. An international treaty would bring much needed added value. Much remains to be done on older people’s rights and an international standard is needed. European regional work does not fill the gap internationally. A new international treaty would focus on this group that needs attention and is not getting it from the general bodies. There is also a need to build capacity on the rights of older persons to empower treaty bodies to deal holistically with ageism.
  3. It is important that as a regional committee we look to international best practices and standards to provide guidance, but the absence of an international global standard has hindered the committee’s work. Without such a framework older persons’ rights will be dealt with but badly without the full lens that is needed.

There was no time for exchange and discussion following the speaker presentations. The Co-facilitators have committed to extending the time allocated to the next briefings to 2 hours to allow for an interactive debate following the speaker’s initial inputs.

[This unofficial summary has been prepared drawing on notes taken by various civil society representatives who attended the briefing. If you have comments, contact info@rightsofolderpeople.org].