Highlights from the briefing by the UN system

The co-facilitators from the Mission of Portugal to the UN and the Mission of Brazil to the UN welcomed all to the briefing.

Panel:

Masumi Ono, UNDESA

  1. To date a wide range of focus areas has been discussed and Member States, non-governmental organisations (NGOs) and National Human Rights Institutions (NHRIs) have made hundreds of submissions to the Open-Ended Working Group on Ageing.
  2. The adoption of the Madrid International Plan of Action on Ageing (MIPAA) in 2002 represents the first time that governments agreed to link social development issues to human rights. It is a resource for policy-making in the absence of international legal norms. The global review of MIPAA undertaken in 2022/23 highlights that the development of an international legal instrument on the rights of older persons would complement and reinforce MIPAA. This was mentioned in the regional reviews of all UN regions.
  3. UNDESA also recognises the important developments in Geneva, such as the substantive Resolution of the Human Rights Council (HRC) in 2021, the resulting Multi-Stakeholder Meeting held in August 2022, and the possibility of another Resolution to be adopted at the upcoming 54th session of the HRC.

Rio Hada, OHCHR

  1. Since the beginning OHCHR has provided analysis with a report in 2011, an analytical outcome paper on normative standards in international human rights law in relation to older people[2] in 2012 as an important input on gaps in the international protection regime, and the 2021 update to the 2012 analytical outcome study taking stock of developments of last decade[3].
  2. These reports point to the fragmented and inconsistent coverage on rights of older persons in law and practice, the lack of systematic engagement of international human rights mechanisms with human rights of older persons, the conceptual limitations of existing instruments, and the need for a new international instrument.
  3. The Summary report of the Multi-stakeholder meeting (A/HRC/52/49)[4] to the HRC recommended the development and adoption of a UN convention on the human rights of older persons, the adoption of a second substantive resolution in 2023 to close the human rights protection gaps for such persons, and establishing ongoing expert meetings to develop elements of a draft legally binding instrument.

Ricardo Pla Cordero, UNHCR

  1. Beyond international frameworks on refugees and statelessness, there is a policy on older refugees of 2000 and a policy on age, gender and diversity of 2018 (policies for protection of older persons in cases of emergency)[5]
  2. The policy guides:
    • The early identification of, and care for, older persons with special needs in an emergency;
    • The regularization of the status of older persons so that they can receive benefits to which they are entitled;
    • The promotion of older refugees and their potential contribution so that they have the opportunities to participate where possible.
  3. This guidance works toward strengthening the following areas for the older refugee:
    • Participation – include older persons in situation of statelessness and displacement;
    • Equal access to health services by older refugees, displaced and stateless persons;
    • Economic Security – with improved access to documentation, the older person can continue to contribute;
    • Social protection – direct care support, professional support, and access to labour;
    • Reduction in elder abuse and gender-based violence – there is a major gap in addressing elder abuse in humanitarian crisis.

Alana Officer, WHO

  1. Ageism (definition of Global Report[6]) is causing earlier deaths, health issues and heavy economic toll.
  2. Evidence supports the adoption of legally binding instruments on international and national levels; modification of existing instruments that permit age discrimination; putting in place enforcement mechanisms.
  3. The UN Decade of Healthy Ageing 2021-2030[7] includes ageism as a key action area with older people at the centre and a human-rights based approach, it addresses the right to health, working conditions, transport, care, education etc.
  4. The progress report on the implementation of the UN Decade is now available. It reinforces human rights-based work. A UN convention could also provide a framework for the UN Decade.

Francoise Jacob, UN Resident Coordinator, Serbia

  1. The rights of older people are enshrined in the constitution and addressed in laws in Serbia with the legislative framework being extended. A new draft strategy on healthy ageing is currently up for consultation.  The Red Cross of Serbia, the human rights commissioner and government bodies engage in discussions. UNFPA, UN Women, WHO and OHCHR are also active agencies. The Joint Programme on Ageing was launched in 2020.
  2. Constraints and opportunities – these are issues that are important for developing a UN Convention:
    • Budgeting and financial resources. We need to optimise the national transfer accounts;
    • Medical staff – brain drain, geriatric care not interesting for medical staff;
    • Digital gap – keeps many older people excluded (digitalisation of services is not the right solution for older people);
    • Lack of knowledge and awareness (local authorities, citizens);
    • Social isolation;
    • Burden on caregivers.
  3. With a good legislative framework and attention put to the topic the benefit of a new UN convention would be help with national and international coherence. It would bring everything together, reduce fragmentation in law and in practice, help countries to address legal gaps, ageism, and intersectional forms of discrimination, as well as climate change impact on older people. At a time when human rights are constantly challenged, a new UN convention would help to leave nobody behind.

Questions asked by participants included the ways in which OHCHR assists with addressing gaps at the national level; gaps in protection for older women with respect to health care and gender-based violence programming for example despite the existence of CEDAW; and the conceptual limitations of existing instruments relative to the human rights of older people, and how these gaps would be closed through a new dedicated human rights instrument.

[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].

[1] https://social.un.org/ageing-working-group/documents/seventh/ChairsSummaryOEWG7.pdf

[2] https://www.ohchr.org/en/documents/outcome-documents/analytical-outcome-paper-normative-standards-international-human-rights

[3] https://www.ohchr.org/en/documents/outcome-documents/ohchr-working-paper-update-2012-analytical-outcome-study-normative

[4] https://www.ohchr.org/en/documents/thematic-reports/ahrc5249-summary-multi-stakeholder-meeting-human-rights-older-persons

[5] https://emergency.unhcr.org/protection/persons-risk/older-persons#:~:text=Protection%20objectives,them%20on%20an%20equal%20footing.

[6] https://www.who.int/teams/social-determinants-of-health/demographic-change-and-healthy-ageing/combatting-ageism/global-report-on-ageism

[7] https://www.who.int/initiatives/decade-of-healthy-ageing#:~:text=The%20United%20Nations%20Decade%20of,communities%20in%20which%20they%20live.

[8] https://hdr.undp.org/system/files/documents/national-report-document/national-human-development-report-serbia-2022pdf.pdf