Human Rights Law
Explicit references to older people in human rights law
There are numerous obligations vis a vis older people which are implicit in general human rights law but explicit attention to older people is rare. Specific provisions, when they do occur, are confined to a limited range of rights and are not consistent across either international or regional instruments.
| International Human Rights Framework | Article | Provision |
| Universal Declaration of Human Rights (1948) | 25 | The right of everyone to security in old age |
| Convention on the Elimination of All Forms of Discrimination Against Women (1979) | 11.1.e | The equal right of women to social security, including in old age |
| International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990) | 1.1 and 7 | Prohibits discrimination based on age |
| Convention on the Rights of Persons with Disabilities (2008) | 13.1 | Recognises the need for age-appropriate accommodations to ensure disabled people’s access to justice |
| 16.2 | Age-sensitive measures to prevent abuse | |
| 16.4 | Age-sensitive recovery and rehabilitation | |
| 23.1.b | Age-appropriate information on reproductive health | |
| 25b | Provide services to minimise and prevent further disabilities among older people | |
| 28.2.b | Ensure older people with disabilities’ access to social protection and poverty reduction | |
| Regional Human Rights Framework | ||
| American Convention on Human Rights (1969) | 4.5 | Prohibits capital punishment for people under 18 or over 70 years of age |
| Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights “Protocol San Salvador” (1988) | 9.1 | The right to social security in old age |
| 17 | Special protection (facilities, food and medical care for those that cannot provide for themselves, work programmes, establishing social organisations) in old age | |
| African Charter on Human and Peoples’ Rights (1981) | 18.4 | Provides older people with the right to special measures of protection in keeping with their physical or moral needs |
| Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (2003) | 22b | Provides for special protection for older women (Article 22a) and their right to freedom from violence and abuse |
| Arab Charter on Human Rights (1997) | 38 | Provides for outstanding care and special protection for the aged. |
| Charter of Fundamental Rights of the European Union (2000) | 21.1 | Prohibits discrimination based on age |
| 25 | Respects the rights of older people to lead a life of dignity and independence and to participate in social and cultural life | |
| 34.1 | Respects entitlement to social security in old age |