33/44 Report of the Independent Expert on the enjoyment of all human rights by older persons
Document Type: Final Report
Date: 2016 Jul
Session: 33rd Regular Session (2016 Sep)
Agenda Item: Item3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development
GE.16-11742 (E) 220716
Human Rights Council Thirty-third session
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Report of the Independent Expert on the enjoyment of all human rights by older persons
Note by the Secretariat
The Secretariat has the honour to transmit to the Human Rights Council the
comprehensive report of the Independent Expert on the enjoyment of all human rights by
older persons, Rosa Kornfeld-Matte, prepared pursuant to Council resolution 24/20. In the
present report, the Independent Expert assesses the implementation of existing international
instruments with regard to older persons while identifying best and good practices and gaps
in the implementation of existing laws related to the promotion and protection of the rights
of older persons. The report also provides an analysis of the human rights implications of
the implementation of the Madrid International Plan of Action on Ageing, 2002.
United Nations A/HRC/33/44
2 GE.16-11742
Report of the Independent Expert on the enjoyment of all human rights by older persons
Contents
Page
I. Introduction ................................................................................................................................... 3
II. Activities of the Independent Expert ............................................................................................. 4
III. Human rights of older persons ...................................................................................................... 5
A. Background ........................................................................................................................... 5
B. Regulatory and normative developments .............................................................................. 6
IV. Best practices and gaps in the implementation of existing law ..................................................... 7
A. Mandate and methodology .................................................................................................... 7
B. Legal, institutional and policy framework ............................................................................ 7
C. Care ....................................................................................................................................... 8
D. Social protection ................................................................................................................... 10
E. Right to work ........................................................................................................................ 11
F. Equality and non-discrimination ........................................................................................... 12
G. Violence and abuse ............................................................................................................... 12
H. Participation .......................................................................................................................... 13
I. Adequate standard of living .................................................................................................. 13
J. Access to justice ................................................................................................................... 13
K. Education, training and lifelong learning .............................................................................. 14
L. Accessibility ......................................................................................................................... 14
M. Awareness-raising and research ............................................................................................ 15
V. Madrid International Plan of Action on Ageing, 2002: human rights implications assessment .... 15
A. Background ........................................................................................................................... 15
B. Methodology ......................................................................................................................... 16
C. Madrid International Plan of Action on Ageing and human rights ....................................... 17
D. Human rights implications assessment ................................................................................. 18
VI. Conclusions and recommendations ............................................................................................... 20
GE.16-11742 3
I. Introduction
1. On 27 September 2013, in its resolution 24/20, the Human Rights Council created
the mandate of the Independent Expert on the enjoyment of all human rights by older
persons. Rosa Kornfeld-Matte was appointed as Independent Expert in May 2014 and took
office on 1 June 2014.
2. The mandate entrusted to the Independent Expert is new and all-encompassing. It
recognizes the challenges that older persons face related to the enjoyment of all human
rights, and the fact that those challenges require in-depth analysis and action to address
protection gaps. Pursuant to resolution 24/20, the Independent Expert is requested to assess
the implementation of existing international instruments with regard to older persons. In
doing so, she is asked to identify both best practices and gaps in the implementation of
existing law related to the promotion and protection of the rights of older persons. Another
key aspect of the mandate is the assessment of the human rights implications of the
implementation of the Madrid International Plan of Action on Ageing, 2002.
3. As part of her mandate, the Independent Expert is also requested to raise awareness
of the challenges faced in the realization of all human rights by older persons, and to ensure
that older persons receive information about those rights.
4. In discharging her mandate, the Independent Expert continued to take into account
the views of States and other stakeholders, as stipulated in paragraph 5 (b) of Council
resolution 24/20. She also sought to integrate a gender and disability perspective throughout
and paid particular attention to, among others, older women, persons with disabilities,
persons of African descent, individuals belonging to indigenous communities, persons
belonging to national or ethnic, religious and linguistic minorities, rural persons, persons
living on the streets, and refugees.
5. The Independent Expert conducted her work, as requested, in cooperation with
States in order to foster the implementation of measures that contribute to the promotion
and protection of the rights of older persons. She also participated in the annual sessions of
the Open-ended Working Group on Ageing in order to ensure a coordinated approach while
avoiding unnecessary duplication. While the focus of the Independent Expert’s analysis is
on implementation of existing laws and resulting protection gaps, the Working Group is
mandated to identify possible gaps in the existing international framework of the human
rights of older persons and how best to address them, including by considering the
feasibility of further instruments and measures.
6. The present report is submitted pursuant to paragraph 6 of Council resolution 24/20,
in which the Council requested the Independent Expert to present a comprehensive report at
its thirty-third session. The present report is comprehensive in the sense that it covers all
aspects of the Independent Expert’s mandate. It provides a snapshot of the situation of older
persons, based on information collected during the reporting period, through the analysis of
implementation gaps and best practices, assesses the human rights implications of the
implementation of the Madrid International Plan of Action on Ageing, 2002, and highlights
the areas in which more in-depth analysis and continued monitoring of developments is
required to ensure the promotion and protection of the human rights of older persons.
7. The report is based on the information provided to the Independent Expert during
her tenure, between June 2014 and June 2016, and in the light of the all-encompassing
nature of the mandate, does not claim to exhaustively cover the whole spectrum of
challenges faced by older persons in the realization of their human rights. As a matter of
fact, in her initial report to the Human Rights Council, the Independent Expert identified a
number of thematic priorities that require thorough analysis. During her tenure, she was
4 GE.16-11742
able to report to the Council only once, in September 2015, on autonomy and care
(A/HRC/30/43).
8. The present report should be read and considered in conjunction with the
Independent Expert’s previous reports to the Human Rights Council, especially those on
her country visits to Slovenia (A/HRC/30/43/Add.1), Austria (A/HRC/30/43/Add.2) and
Mauritius (A/HRC/30/43/Add.3), as well as the report on her visit from 9 to 18 May 2016
to Costa Rica (A/HRC/33/44/Add.1). Other reports also need to be taken into account,
namely the report of the Independent Expert outlining her understanding of the mandate
and her priorities for her first tenure (A/HRC/27/46) and her thematic report on autonomy
and care and the activities undertaken during her first tenure.
9. In accordance with Council resolution 24/20, the present report will also be brought
to the attention of the seventh session of the Open-ended Working Group on Ageing, which
is scheduled to be held in New York from 12 to 15 December 2016.
II. Activities of the Independent Expert
10. Since her previous report to the Human Rights Council in September 2015, the
collection of best practices in the implementation of existing law has continued to be a
focus of the Independent Expert’s activities. On 15 September 2015, during the thirtieth
session of the Human Rights Council, the Independent Expert participated in a side event
on best practices in the implementation of existing laws on the human rights of older
persons, organized jointly by the Office of the United Nations High Commissioner for
Human Rights (OHCHR) and the Republic of Austria, with the support of Argentina and
Slovenia, as well as the NGO Committee on Ageing, Geneva, and the International
Longevity Centre Global Alliance. The event aimed to provide a better understanding of the
challenges faced by States in the implementation of existing law related to the promotion
and protection of the rights of older persons and to identify and share best practices and
recent developments in that area. It allowed for an open dialogue with the aim of
formulating concrete recommendations for an effective and integrated response at the
national and global levels.
11. On 6 October 2015, further to General Assembly resolution 69/146, the Independent
Expert held her first interactive dialogue with the Third Committee of the General
Assembly. She particularly welcomed the opportunity for an exchange of views with
delegations in New York and regrets that the valuable practice will not be continued in
2016.
12. From 10 to 12 February 2016, the Independent Expert participated in the fifth
international conference of the Réseau d’études international sur l’âge, la citoyenneté et
l’intégration socio-économique, entitled “Ageing and Empowerment: Between Resources
and Vulnerabilities”, held in Lausanne. The conference sought to explore vulnerabilities
and resources linked to ageing from the perspective that older persons can maintain or
acquire agency throughout their life trajectories. The Independent Expert reiterated the need
for a human rights-based approach that is centred on the inclusion of older persons in
society in order to ensure autonomous and healthy ageing.
13. On 11 and 12 April 2016, the Independent Expert participated in the International
Conference on Ageing, held in Brdo pri Kranju, Slovenia, to discuss ways and means to
effectively empower older persons. In her opening remarks, she particularly welcomed the
Conference’s contribution towards shifting the focus of the discussion from stocktaking to
concrete action, calling on the participants to rethink ageing and to improve implementation
at the global level. The Independent Expert was very pleased that, further to the conference,
GE.16-11742 5
Argentina and Slovenia launched the Group of Friends on the human rights of older
persons.
14. In accordance with her mandate, the Independent Expert continued to pay attention
to specific groups of older persons, including refugees and climate-displaced persons, as
well as persons facing conflict, emergency or disaster situations. On 15 March 2016, on the
occasion of World Social Work Day, the International Association of Schools of Social
Work and the International Federation of Social Workers organized a conference in Geneva
entitled “Refugees and Displaced Persons: the Role of Social Work”. The Independent
Expert contributed to the panel discussion on forced migration and the role of social work,
highlighting the disproportionate impact emergency situations have on older persons. The
need to build older persons’ resilience in disaster situations was also the focus of the
Independent Expert’s contribution at the Climate Displacement Roundtable organized in
Geneva on 25 and 26 April 2016 by Displacement Solutions and the Global Migration
Centre of the Graduate Institute Geneva.
15. On 3 and 4 May 2016, the Independent Expert participated in the Human Rights
Working Group Dialogue Series on Frontier Issues of the United Nations Development
Group on the issue of Human Rights and Urbanization in New York, which was jointly
organized by the United Nations Human Settlements Programme (UN-Habitat) and
OHCHR, under the auspices of the United Nations Housing Rights Programme. In the
dialogue session, discussions focused on ways in which strengthened enjoyment of human
rights in cities for all can facilitate strategic, sustainable and inclusive solutions, with a
view to implementing the 2030 Agenda for Sustainable Development. Also discussed was
the United Nations Conference on Housing and Sustainable Urban Development (Habitat
III), to be held in Quito in October 2016, which will result in a new urban agenda to guide
inclusive, integrated and sustainable urbanization for the next 20 years. She also
participated in the Habitat III cross-cutting expert group meeting on human rights and
urbanization, organized by OHCHR. At those meetings, the Independent Expert called,
inter alia, for the participation of older persons in the design of urban form and urban
infrastructure to ensure that they address the needs for social and sustainable cities in which
people can live and work, and that older persons benefit from elder care in their
neighbourhood.
16. The Independent Expert also actively advocated for human rights to be taken into
consideration at the first World Humanitarian Summit, which was held from 23 to 24 May
2016 in Istanbul, Turkey, to improve the protection of older persons affected by conflict,
disaster and displacement.
III. Human rights of older persons
A. Background
17. Older persons represent a large, and the fastest growing, segment of the global
population. By 2050, for the first time, there will be more older persons than children under
the age of 15 worldwide, and it is projected that the number of older persons will more than
double from 900 million currently to nearly 2 billion.1 A demographic transformation of
such magnitude has far-reaching implications for society at all levels.
1 See www.un.org/en/development/desa/population/publications/pdf/popfacts/PopFacts_2014-
4Rev1.pdf.
6 GE.16-11742
18. The population is ageing in all regions of the world. While Western Europe
continues to have the oldest population, 67 per cent of older persons currently live in
developing countries. In the years to come, most of the projected growth will take place in
the global South, as some countries and regions entered the demographic transition only
recently.
19. The older population itself is also ageing. The group of persons aged 80 or over,
which currently accounts for 14 per cent of older persons, will grow to 21 per cent in 2050.
B. Regulatory and normative developments
20. In her first report to the Human Rights Council, the Independent Expert provided an
overview of the international instruments and initiatives pertaining to the rights of older
persons. The 2012 report of the United Nations High Commissioner for Human Rights to
the Economic and Social Council (E/2012/51 and Corr.1) contains a thorough analysis of
existing international instruments and gaps in the protection regime. In 2011, OHCHR had
prepared a valuable background paper for the Open-ended Working Group on Ageing, in
which it reviewed existing international human rights norms as they apply to older persons
and summarized the relevant work of some international human rights mechanisms,
particularly treaty monitoring bodies and special procedures, in addressing substantive
human rights issues in all regions of the world.2 The present report therefore focuses on the
regulatory and normative developments that have taken place since the completion of the
Independent Expert’s previous report.
21. On 15 June 2015, the States members of the Organization of American States
approved the Inter-American Convention on Protecting the Human Rights of Older
Persons. It has not yet received the two ratifications required for the Convention to enter
into force.
22. The Convention is the first regional normative instrument dedicated to older persons
and represents a major step forward in addressing the human rights of older persons. The
Convention is an example of good practice that could inspire other regions, as it allows
States to strengthen cohesion and normative action and to clarify States’ obligations with
regard to the rights of older persons.
23. The African Union Protocol to the African Charter on Human and Peoples’ Rights
on the Rights of Older Persons in Africa is another major development. The Protocol covers
a range of rights including access to health services, freedom from discrimination and the
right to employment, social protection and education, providing a framework for
Governments to protect those rights.
24. The adoption of the Sustainable Development Goals by the General Assembly on 25
September 2015 represents an important step forward, as older persons are included directly
or by implication in 15 of the 17 global Goals. In particular, Goal 3: Ensure healthy lives
and promote well-being for all at all ages, will be instrumental in fighting age
discrimination within health systems to ensure that older persons around the world enjoy
their basic human right to the highest attainable standard of health and well-being as they
age. The challenge ahead is to ensure that those commitments are followed through and the
goals are met.
2 See http://social.un.org/ageing-working-group/documents/OHCHR%
20Backgroud%20paper%202011.pdf.
GE.16-11742 7
IV. Best practices and gaps in the implementation of existing law
A. Mandate and methodology
25. In its resolution 24/20, the Human Rights Council requested the Independent Expert
on the enjoyment of all human rights by older persons to assess the implementation of
existing international instruments with regard to older persons while identifying best
practices in the implementation of existing laws related to the promotion and protection of
the rights of older persons and gaps in the implementation of existing laws.
26. Pursuant to that request, on 12 November 2015, the Independent Expert sent out a
questionnaire to States and stakeholders to identify and collect best practices and good
practices. As at 2 June 2016, 74 replies had been received, 40 of which had come from
States, 14 from national human rights institutions, 19 from non-governmental organizations
and 1 from an intergovernmental organization. The replies were posted on the OHCHR
website.3
27. For the purpose of the present report, a best practice was considered to be a
particular method, whole programme or specific intervention that had been successfully
implemented in a country, that prima facie followed a human rights-based approach and
that could inspire other countries. More specifically, the term “practice” is understood to
include legislation, policies, strategies, statutes, national plans, regulatory and institutional
frameworks, data collection, indicators, case law, administrative practices, scientific
research or projects that are currently being implemented. Promising practices, that is, those
that may not have been tested or may not have been in existence for long, but seem to
generate positive results and have significant potential, were also taken into account.
28. The following summary is based on the information received and cites some of the
practices outlined in the responses for illustrative purposes. The Independent Expert wishes
to note that without in situ visits and a comprehensive review of the situation of older
persons in a given country, it will not be possible to fully appraise all practices shared by
the different stakeholders. She wishes to express her appreciation to those States and other
entities that responded to her questionnaire and thereby contributed to building an
invaluable repository of knowledge and information on the situation of older persons.
B. Legal, institutional and policy framework
29. A number of countries have adopted national strategies, action plans or specific
legislation on older persons, which are sometimes comprehensive in nature or geared
towards specific areas such as non-discrimination or the right to health of older persons.
The involvement of older persons in the formulation of such strategies is essential in order
to target the strategy, policy or law to the needs and concerns of older persons. Older
persons can be involved either through the establishment of consultative bodies, which may
consist of members of civil society representing the interests of older persons, or through
comprehensive consultative processes between the Government and older persons, for
example public consultations, working groups or more targeted focus group discussions.
Consulting academics also allows for the incorporation of the results of applied research. A
participatory approach is required to ensure coordination among all levels of government,
such as the national, regional and local levels, and across departments and institutions.
3 See www.ohchr.org/EN/Issues/OlderPersons/IE/Pages/GoodPractices.aspx.
8 GE.16-11742
30. There are also programmes and policies that address specific groups of older
persons, such as those living on the street, indigenous older persons and older lesbian, gay,
bisexual, transgender and intersex persons.
31. Reference was also made in the responses to the Global Age-Friendly Cities project
of the World Health Organization and its implementation. The project addresses eight areas
of the urban and social environment that influence the health and quality of life of older
persons. Cities and communities should adapt their structures and services to the needs of
older persons in the following areas: public spaces and buildings, transport, housing, social
participation, respect and social inclusion, civic participation and employment,
communication, and community support and health services.
C. Care
32. The Independent Expert’s report on autonomy and care contains an assessment of
the challenges and concerns in the area of care, as well as detailed action-oriented
recommendations. That report is complemented by the thematic study on the realization of
the right to health of older persons by the Special Rapporteur on the right of everyone to the
enjoyment of the highest attainable standard of physical and mental health (A/HRC/18/37).
33. Several good or promising practices were reported in the area of care. The
responses, however, revealed the need for a comprehensive, all-encompassing and human
rights-based approach to the care of older persons, as well as the need for coordination
among sectors throughout the continuum of care, from prevention, promotion,
rehabilitation, through to long-term and palliative care, including social care and other
community services.
34. The existence of a dedicated body in charge of national coordination between
sectors, institutions, regional and local governments can facilitate the implementation of a
national strategy. Some countries, for instance, have created specific divisions or focal
points at the ministerial level tasked with focusing on ageing initiatives and ensuring policy
implementation.
35. Another interesting practice is the creation of a working group on care ethics within
the Government, which studies ethical issues relating to care and provides non-binding
advisory opinions. It also proposes the development of best practices and guidelines, as
well as training subjects for professionals, for instance in the field of geriatric care ethics.
36. The right to extensive information on public support services and different means of
nursing and care should be enshrined in the legislative framework. Adequate information
about care, the rights of older persons and the protection available for older persons in care
settings can be provided through various means, including websites, dedicated contact
centres in care settings, resource centres and through other forms of advocacy. Educational
materials are another important source of guidance for older persons. Clear information and
advice help older persons to make informed choices about their care arrangements and
enable them to stay in control of their lives.
37. The introduction of mandatory medical insurance facilitates equal access, including
for older persons, to health-care services. Some countries provide access to public health
care free of charge for older persons, which may include additional benefits for the most
disadvantaged groups of older persons or those in precarious situations.
38. Older persons living in rural areas often have particular concerns, including in the
enjoyment of their right to health. They may face challenges with regard to the availability
of transportation to medical appointments, of home and community-based services and
long-term care in their communities. Particular attention therefore needs to be paid to that
GE.16-11742 9
segment of the older population. Examples of targeted action include the formulation of
rural health plans and the provision of mobile units to provide health services to older
persons.
39. Ageing at home is the option often preferred by older persons. A number of
countries have designed specific programmes seeking to enable older persons to live in
their homes independently for as long as possible. Support and home-care services provided
include nursing care, which is also provided for terminally ill older persons, social-care
services and domestic assistance to older persons to avoid referral to institutional care and
prevent social exclusion. One example of a comprehensive approach is the establishment of
mobile multidisciplinary teams that provide social care services and health-care and
paramedical services. National civic services may also be a valuable resource to assist older
persons who live alone or in community centres. Regular home visits by students allow
older persons to remain integrated in the community, while at the same time raising the
younger generation’s awareness about the rights of older persons.
40. A central aspect of home-care services, on which little information has been
provided and that is not sufficiently covered by human rights instruments, is assistance and
support to family members and other informal caregivers. That should include human
rights, medical and human resources training, counselling and financial, social and
psychological support. The attribution of care credits to informal caregivers in the
calculation of their old-age pension is an official recognition of the work undertaken by
informal caregivers and reduces the risk of old-age poverty among those who care for their
family members, especially women.
41. Care situations can be intensive and demanding and conflict can arise within
families, for instance regarding the division of care responsibilities or differing perceptions
of the seriousness or impact of the parental situation and needs. Without effective
management, such dysfunctional family dynamics can escalate and lead to neglect or abuse.
Mediation is an alternative dispute resolution mechanism for resolving such conflicts
without recourse to formalized legal proceedings.
42. Day-care centres are another way to ensure appropriate care, while avoiding
institutionalization and the potential social exclusion of older persons. They also form part
of the support network needed by informal caregivers. Another example is the placement in
host families of older persons who do not have family support, which requires that a system
is in place to provide assistance to the host families and to ensure quality control.
43. The creation of active ageing hubs within new housing estates is an innovative
approach that combines learning and leisure activities with various forms of care, from
assisted living services to day care and day rehabilitation.
44. There are various forms of institutional care settings providing accommodation
while trying to ensure home-like conditions together with integrated health services, as well
as social and psychological services, for those in need of care. It is essential in that regard
that States establish quality monitoring and effective and transparent accountability
mechanisms for public and private care settings and that they provide remedies in case
violations are detected, for instance through a dedicated complaint mechanism. That
requires clearly defined accreditation requirements and procedures, the development of
benchmarks and quality standards, as well as reporting and monitoring guidelines to assess
the quality of care by sufficient and well-trained staff, taking into account the evaluations of
older persons themselves. A good example is the creation of an inspectorate to provide
oversight for the operations of residential homes for older persons.
45. The creation of differentiated therapeutic environments within care settings allows
for the provision of services that are adapted to the varying functional abilities of older
persons, which creates a supportive environment for people with different needs,
10 GE.16-11742
preferences and abilities. Different activities will, for instance, be available for older
persons with cognitive impairment or reduced mobility than those who are frail and have a
partial or total lack of autonomy.
46. An interesting approach is the co-location of facilities for childcare and eldercare,
which allows for the introduction of innovative programmes and the generation of
interaction between the very young and the older persons.
47. Geriatric services are an essential element of care programmes for older persons in
order to meet the needs of an ageing society, as their patterns of disease presentation differ
from those of younger persons. They respond to treatments and therapies in different ways,
and frequently have complex social needs that are related to their chronic medical
conditions. The recognition of geriatrics as a medical specialty, specialized training of
doctors and nurses and the establishment of geriatric centres in public and private care
settings will help ensure the availability of geriatric services in various care settings and
facilities.
48. Restraints are often used in the care of older persons with dementia. Methods
include locked doors, forced bathing and the use of psychotropic substances, even though
that may not be permitted by law. Providing information and education about how to avoid
the use of restraints for both professionals and relatives will contribute to protecting the
dignity of older persons and their right to decide without being restrained. That provision
might encompass handbooks for professionals, informal caregivers and relatives, online
training, web-based education, films, podcasts and applications to raise awareness about the
rights of older persons with dementia in care settings.
49. Some countries have involved their national human rights institutions in monitoring
how the human rights of older persons living in or seeking long-term care are being upheld,
through visits to care institutions and interviews with authorities and other stakeholders.
That helps to promote a human rights-based approach to long-term care and enables the
human rights institutions to collect meaningful and qualitative data on how human rights
are taken into consideration in policy and in practice.
50. A different approach that is sometimes taken is for institutional care settings or
services that provide home care to carry out self-evaluations of their practices. The
objective is that a positive attitude is adopted and that a culture of good as opposed to ill-
treatment is created, while at the same time an awareness of the inherent risks is
maintained.
D. Social protection
51. The 2010 report of the independent expert on the question of human rights and
extreme poverty on the social protection of older persons (A/HRC/14/31) continues to
constitute an important resource, as it provides an overview of the main protection gaps and
challenges older persons face.
52. Poverty and lack of income security constitute major concerns for many older
persons. Social transfers, in particular adequate pensions, significantly contribute to
ensuring the financial security of older persons and are a suitable means of reducing the at-
risk-of-poverty rate, their vulnerability and social exclusion.
53. A number of countries have universal basic retirement pensions and provide
disability pensions and other additional allowances to supplement old age pensions in order
to ensure a reasonable income for older persons and to protect them from poverty. It is
important that the pensions are calculated giving due consideration to the true cost of living.
Moreover, the non-contributory systems that some countries have established are preferable
GE.16-11742 11
to contributory social security systems, which tend to accentuate gender inequality, with
older women more likely to receive lower pensions and other contributory benefits. Some
countries provide social welfare grants to provide income support to infirm and older
persons in need, as well as those with disabilities, in order to ensure that they have an
adequate standard of living.
54. The provision of a universal public pension is an alternative model that prevents old
age poverty as it is paid to every older person starting at a particular age, but regardless of
income, assets, employment status or history. Since there is no mandatory retirement age, it
also allows older persons to remain in the labour market for longer periods. Moreover, as it
is universal, such a public pension scheme is relatively simple to administer, since no
means test or employment record is required.
55. Providing information and advisory services on social security payments, pensions
and retirement planning contributes to preventing old age poverty.
56. As populations continue to age, the financial sustainability of social security systems
increasingly becomes a concern. Medium-term projections of the sustainability of public
expenditure highlight areas that require reform.
57. The promotion of resource-generating activities will also help to reduce the risk of
poverty of older persons. Particularly in developing countries, training can be provided to
older persons to enable them to develop and manage microprojects, or specific credit lines
can be established for older persons for the financing of resource-generating activities.
E. Right to work
58. Participation in the labour market enhances the self-esteem of older persons, their
social inclusion and their financial security. Older workers should enjoy equality of
opportunity and treatment in relation to all aspects of work and conditions of employment
in all sectors. The practices, attitudes and legal framework that affect the equal participation
of older persons in employment need to be analysed in order to design measures to prevent
employment discrimination and effectively address existing barriers to older persons’
participation in the workforce.
59. The establishment of a repertory of skills or an online platform of older persons
serves several purposes. It enhances the esteem in which the valuable contribution of older
persons is held within the family and society and enhances intergenerational solidarity. At
the same time, it encourages older persons to continue to remain active and productive and
enables older persons’ know-how, expertise and skills to be matched up with employers’
needs for expertise and advice. A critical mass of data is required for optimal functioning of
the repertory. That may require awareness-raising campaigns in order for older persons to
register. Encouraging volunteerism is another way to empower older persons to continue
contributing to their communities and foster a positive image of older persons as
contributing members of society. Employers’ and networking fairs have similar objectives.
60. Changing the attitudes of employers towards older workers and raising employers’
awareness of the business benefits of hiring older workers may help to create new
opportunities for older persons. Other measures to encourage employers to recruit and
retain older workers include financial and technical assistance. Employment of older
persons in public services in designated areas, such as auxiliary roles for a limited period,
should also be considered.
61. Improving older persons’ access to the labour market can also be achieved by
providing older jobseekers with career counselling, labour market training and subsidies for
business start-ups, as well as job mediation. Opportunities for older persons with reduced
12 GE.16-11742
work ability can be created by temporary sheltered employment and an enabling
environment, including transportation support, work-related rehabilitation, mobile
counselling and experience-based counselling. Ongoing research on incentives and
conducive environments that would allow older persons to extend their working lives
beyond the pensionable age is important to assess the changes that need to be made in
regulations, taxes, training and company environments to promote the right of older persons
to work.
F. Equality and non-discrimination
62. Under international human rights law, discrimination is defined as any distinction,
exclusion or restriction that has the purpose or the effect of impairing or nullifying the
recognition, enjoyment or exercise, on an equal basis with others, of human rights and
fundamental freedoms in any field. While that encompasses discrimination on the basis of
age, and although many countries have enacted anti-discrimination legislation, ageism
remains a major concern for older persons in their daily lives. It is therefore essential that
legislation contain an explicit prohibition of direct and indirect discrimination on the basis
of age.
63. Some countries have adopted laws that focus on the prohibition of discrimination in
employment and occupation. Others have more comprehensive laws that prohibit age
discrimination in various areas of public life, including accommodation, education and
employment, and may even extend to the provision of goods, services and facilities. That is
important as older persons’ access to facilities and services, in particular financial services,
such as loans and mortgages, and insurance, is often a matter of concern. Those services
may simply not be available to older persons or not accessible as they may be prohibitively
expensive as a result of the inappropriate use of age as a criterion, including for
determining risk. Equality bodies, which can take various forms, including commissioners
or ombudspersons, should be established by law to monitor age discrimination and
advocate for its elimination across all areas of public life. Enforcing the right to non-
discrimination requires complaint mechanisms. There are instances in which that
competence is conferred on equality bodies themselves.
64. Non-discrimination in employment should encompass access to employment, self-
employment and occupation, including selection criteria and recruitment conditions,
including promotions, employment and working conditions, including dismissal and pay,
and membership of a workers’ or employers’ organization.
G. Violence and abuse
65. Violence against older persons is a global phenomenon. It takes many different
forms and there are indications that it occurs frequently in all types of settings. It includes
discrimination in the public sphere, linguistic discrimination, isolation, neglect, financial
exploitation, psychological violence and the withholding of basic needs, as well as physical
attacks. Such violence often goes unnoticed and remains a taboo in many societies, as the
perpetrators are frequently relatives, such as the older person’s partner, spouse, children or
children-in-law.
66. The lack of reliable information and data constitutes one of the obstacles to
effectively addressing violence against older persons. Nationwide studies on the
implementation of laws and court decisions relating to violence against older persons are
essential to identify obstacles and problems in the implementation of existing laws. It is
equally important to examine the different forms of violence and abuse of older persons in
GE.16-11742 13
various settings, taking into account a gender perspective. The findings should constitute
the basis for further action.
67. Some countries have specific strategies for the prevention of elder abuse and have
developed guidelines on violence prevention. The objective is to detect the level of violence
in an organization or institution and to provide guidance on how to initiate violence-free
treatment and care practices in older persons’ and nursing homes. Training programmes,
including for security forces, are essential to help prevent and detect elder abuse.
68. Little information was provided on measures to support victims of violence and
abuse, such as hotlines.
69. The development of safety action plans to prevent the main threats to the security of
older persons was another topic that was mentioned in questionnaire responses. The main
threats were abuse in its various forms, robberies, thefts, scams and the fraudulent use of
older persons’ property. The action plans also seek to build older persons’ confidence in the
police and to encourage older persons to contribute more actively to crime prevention and
to report crimes, either as victims or witnesses.
H. Participation
70. Several countries have established participatory mechanisms, such as national or
local councils, to ensure the participation of older persons to guarantee that States develop
age-sensitive laws and policies to implement and mainstream access to the required
protection. Some bodies operate at the national level, others at the local level, and may be
composed of organizations of older persons, civil society organizations working on issues
of interest to older persons, experts and academics, national human rights institutions and
older persons themselves. Competencies vary and include the right to put forward proposals
to the Government on issues of relevance to older persons, analysing public policies
relating to ageing, or providing information to the authorities on the challenges faced by
older persons.
I. Adequate standard of living
71. Housing is an essential aspect of active ageing and of the ability of older persons to
live an autonomous life. Adequacy and affordability is often a concern, particularly in
countries where tenant protection is weak. A number of countries reported on housing or
rent assistance programmes for older persons to improve their access to adequate and
affordable housing.
72. There are also programmes specifically targeting older persons living on the street.
They encompass comprehensive assistance in terms of food, clothing and other basic
services, as well as overnight accommodation for those who do not wish to move into
residences, in order to improve their quality of life.
J. Access to justice
73. Access to justice requires on the one hand enhanced awareness by older persons of
their rights, legal aid and availability of effective remedies and on the other hand that their
specific needs in terms of accessibility be taken into account.
74. Several countries have designed comprehensive policies to facilitate older persons’
access to justice. Measures comprise preferential treatment of older persons in judicial
proceedings and the provision of adequate information in an age-friendly manner, as well
14 GE.16-11742
as the removal of physical barriers in court buildings. Moreover, members of the judiciary
receive training on the rights of older persons.
75. Individual assessments of victims of crime seek to identify during criminal
proceedings those victims who are most vulnerable, such as older persons, to secondary and
repeat victimization, intimidation and retaliation. That practice benefits older persons as it
identifies the particular protection needs of every victim.
K. Education, training and lifelong learning
76. Lifelong learning is not only a precondition for longer participation in the labour
market, it also affects the social integration of older persons. A number of countries have
developed lifelong learning programmes for older persons or created third age universities.
It is important to take into account the specific needs and interests of older persons in
designing educational programmes, as older persons learn differently from younger ones.
At the same time, it is important to maintain a range of programmes that do not exclusively
target older persons, as that would be limiting and could lead to the creation of social
spaces of exclusion.
77. Educational programmes that are open to younger adults and older persons foster
intergenerational learning and intergenerational understanding. An example is opening up
regular university courses to older persons.
78. Education and training of older persons can take many forms. Examples are courses
promoting the use of information technology by older persons and their participation in
online communities, online platforms to train them to become entrepreneurs or virtual
academies, which offer a wider range of courses and learning opportunities for older
persons to enable them to remain cognitively and socially engaged. Some municipal centres
provide integrated services for older persons, from cultural and recreational activities to
socio-legal services.
L. Accessibility
79. Putting in place age-friendly and barrier-free infrastructures requires the systematic
inclusion of accessibility criteria in housing and building codes and in city planning and the
human rights compliant involvement of architects and engineers in the design of buildings
and public places.
80. Measures to transform cities and communities and make them more accessible in
terms of meeting the needs of older persons must target all areas, including transportation,
public space and housing, to avoid the creation of so-called prison flats and care settings.
Examples of improvements to buses, trains and pedestrian infrastructure are the creation of
elevators at pedestrian overhead bridges and the longer duration of the green light to enable
older persons to cross traffic junctions safely. Lighting, improved footpaths, seating and the
removal of architectural barriers make public spaces more accessible and age-friendly.
81. Innovative accessibility approaches to ensure independent living include concepts
such as smart homes, autonomous vehicles, the use of robotics and age-friendly smart
cities.
82. The deployment of mobile teams to provide services to older persons in rural and
remote areas, for instance civil documents, was also reported.
GE.16-11742 15
M. Awareness-raising and research
83. Many States conduct awareness-raising activities, some of which focus on ageing in
general to promote a positive attitude towards older persons, or on specific issues such as
age discrimination. They may target the general public, specific groups, for instance civil
servants or caregivers, or older persons themselves. Such activities may take various forms,
such as media campaigns, courses, workshops, conferences, forums, awards, call centres or
publications. In addition, raising awareness about ageing and human rights in primary
schools will promote intergenerational solidarity.
84. Sensitizing public service staff seeks to emphasize the obligations of civil servants
as guarantors of human rights and to promote a culture of good treatment, which will
ensure that manifestations of violence and discrimination are detected and reported and that
support is provided to victims.
85. Several States have developed training or information materials for older persons to
raise their awareness about their specific rights and about healthy and active ageing, in
order to encourage them to participate in the cultural, economic, political and social life of
their communities. Some States have developed a self-advocacy online handbook designed
to increase and improve the involvement of older persons in all processes that affect their
human rights. The establishment of self-help groups is also useful to educate older persons
about their human rights.
86. The collection of traditional knowledge contributes to fostering positive attitudes
towards older persons as bearers of ancestral local knowledge that is at risk of being lost
and that needs to be transferred to younger generations. Such knowledge includes
traditional medicine, agricultural techniques, history, food, customs and legends, music and
instruments. In some instances, local authorities are charged with recording that cultural
heritage and in other circumstances, social workers, civil society or older persons
themselves are involved.
87. Some countries have conducted extensive research on the situation of older persons
as a first step in the development of a national policy or strategy to identify the challenges
faced by older persons, their needs and preferences, as well as to monitor the implications
of implementing the policies or strategies. Important sources of information are national
and departmental statistics, existing social surveys and political analyses, as well as the
views of experts, academics and opinion leaders.
88. The creation of partnerships between national and local authorities, the public and
private sectors, academia, civil society and older persons themselves may, through cross-
fertilization, generate innovation-based solutions and approaches to active and healthy
ageing.
V. Madrid International Plan of Action on Ageing, 2002: human rights implications assessment
A. Background
89. The Madrid International Plan of Action on Ageing, 2002, as the global aspirational
policy document on ageing, was adopted at the Second World Assembly on Ageing, held in
Madrid in 2002 in order to respond to the opportunities and challenges of population ageing
in the twenty-first century. The Madrid Plan of Action addresses ageing issues from a
developmental perspective, but also, for the first time, links ageing to other frameworks
such as human rights.
16 GE.16-11742
90. The Madrid Plan of Action calls for all-inclusive and simultaneous action to achieve
a society for all ages. It focuses on three priority areas: older persons and development;
advancing health and well-being; and ensuring enabling and supportive environments. It
constitutes a practical tool to assist policymakers in those areas. It contains a number of
specific recommendations, bearing in mind the common features of ageing, but also the
specificities of the circumstances in each country.
91. The implementation of the Madrid Plan of Action is assessed every five years
through a periodic review and appraisal process at the national level, followed by the
consolidation of information at the regional level, which is coordinated by the United
Nations regional commissions, and a concluding global review by the Commission for
Social Development. National reviews follow a participatory, bottom-up approach
involving civil society and older persons themselves. A first and second review and
appraisal concluded in 2008 and 2013 respectively, while the third was launched in 2015
and is expected to conclude in 2017.
B. Methodology
92. The Human Rights Council, in its resolution 24/20, requested the Independent
Expert on the enjoyment of all human rights by older persons to assess the human rights
implications of the implementation of the Madrid International Plan of Action on Ageing.
For the purpose of the present analysis, human rights implications have been understood as
any possible effects on the promotion and protection of the human rights of older persons as
a result of deliberate decisions or actions taken by States in the implementation of the
Madrid Plan of Action, such as the adoption of legislation or policies.
93. In accordance with Council resolution 24/20, in which the Council requested the
Independent Expert to take into account the views of stakeholders, including States,
relevant regional human rights mechanisms, national human rights institutions, civil society
organizations and academic institutions, a questionnaire-based review of the human rights
implications of the implementation of the Madrid Plan of Action was carried out. As at 2
June 2016, 103 responses had been received, including 44 from States, and the remainder
from national human rights institutions, non-governmental organizations and international
organizations. They were placed on the OHCHR website.4
94. The questionnaire sought to capture the extent to which the implementation of the
Madrid Plan of Action yielded outcomes that correlate or could be associated with an
improved enjoyment by older persons of their human rights. It therefore aimed at
identifying concrete measures taken by States in compliance with their obligations flowing
from existing international standards further to the adoption of the Madrid Plan of Action,
such as the adoption of national plans of action on ageing and specific legal, regulatory,
policy or institutional frameworks dedicated to older persons, including those targeting
specific groups of older persons, as well as measures that enhance the right to participation
of older persons in the process of the implementation of the Madrid Plan of Action.
95. The present assessment of the human rights implications of the implementation of
the Madrid Plan of Action draws on the information that the Independent Expert received in
the responses to the questionnaires. Another element that the Independent Expert
considered in her analysis was the extent to which States adopted a human rights-based
approach in their implementation of the Madrid Plan of Action, namely, a conceptual
framework normatively based on international human rights standards and operationally
4 See the responses, with the exception of two submitted under seal, at
www.ohchr.org/EN/Issues/OlderPersons/IE/Pages/MIPAA.aspx.
GE.16-11742 17
directed towards promoting and protecting the rights of older persons. The questionnaire
therefore sought to identify plans, policies, regulations and processes related to ageing that
are anchored in a system of rights in which older persons are considered as rights holders.
The questionnaire-based assessment is complemented by a content analysis of the Madrid
Plan of Action in terms of human rights.
C. Madrid International Plan of Action on Ageing and human rights
96. While the Madrid Plan of Action is not a human rights document, it contains a
number of references relevant to human rights and adopts a conceptual approach that is in
accordance with human rights principles. In the document, States explicitly reaffirmed that
the promotion and protection of all human rights and fundamental freedoms, including the
right to development, are essential for creating an inclusive society for all ages, and
therefore for ensuring that persons are able to age with security and dignity and to continue
to participate in their societies as citizens with full rights. That constitutes a major step
forward compared to the welfare-oriented Vienna International Plan of Action on Ageing
adopted in 1982.
97. In article 5 of the Political Declaration and Madrid International Plan of Action on
Ageing, States committed themselves to eliminating all forms of discrimination, in
particular age discrimination, to ensure that all persons, as they age, enjoy a life of
fulfilment, health, security and active participation in the economic, social, cultural and
political life of their societies. The rights of older persons to participate in all aspects of
society, to work and to health, to independence and accessibility are referred to in articles
12 and 14 respectively. Furthermore, in the introduction, the Madrid Plan of Action refers
to the United Nations Principles for Older Persons, noting that they provide guidance in the
areas of independence, participation, care, self-fulfilment and dignity.
98. A number of priority objectives of the Madrid Plan of Action also contain relevant
human rights references. Priority direction I on older persons and development includes
specific objectives on ensuring the right of older persons to participate in the social,
political, cultural and economic spheres of society, as well as in decision-making processes
at all levels. It also calls for the reduction of poverty among older persons and the provision
of sufficient minimum income for all older persons.
99. The promotion of the right to work and freedom from age-discrimination in the
workplace environment is another objective. The right to education, training and lifelong
learning, the right to social protection, the right to health, including access to primary health
care, long-term care and palliative care services, the training of care providers and health
professionals, in particular in gerontology and geriatrics, are part of priority direction II on
advancing health and well-being. Priority direction III, on ensuring enabling and supportive
environments, refers to care and the situation of caregivers, elder abuse and a series of
measures to fight ageism.
100. The Madrid Plan of Action furthermore pays particular attention to targeted groups
of older persons, including older women, older persons with disabilities, older persons with
dementia, older migrants, older persons with chronic diseases, including HIV/AIDS, older
persons living in rural areas and in situations of poverty and those in emergency situations,
including refugees and internally displaced older persons. The ambit is restricted to specific
situations, such as in the workplace, emergency situations or care settings.
101. The priority objectives included in the Madrid Plan of Action can be related to
specific norms and provisions contained in international human rights instruments, either
the Universal Declaration of Human Rights or the core human rights treaties. It can
therefore be assumed that the full and effective implementation of the Madrid Plan of
18 GE.16-11742
Action, at least of those relevant priority objectives, would yield outcomes that could be
associated with an improved enjoyment of certain human rights by older persons.
102. However, the second review of the Madrid Plan of Action, in 2013, showed that
overall progress in its implementation had continued to be uneven, with several shortfalls,
and that gaps between policy and practice, and the mobilization of sufficient human and
financial resources had remained major constraints (see E/CN.5/2013/6, paras. 80-87). It
remains to be seen whether the 2017 review will yield significantly different results.
D. Human rights implications assessment
103. The existence of a national plan of action points to a State’s commitment to taking
steps to ensure a series of measures aimed at improving the quality of life of older persons,
although the adoption of such plans does not capture the substantive coverage of the rights
of older persons, or their effective implementation.5 Most of the States that responded to the
questionnaire have adopted national plans of action on ageing and others are in the process
of developing such plans. Some States have integrated the rights of older persons in other
national action plans, such as on human rights, in national development or social exclusion
and poverty reduction action plans.
104. A human rights-based approach has been adopted in the formulation of national
plans of action on ageing or policies related to older persons, according to the replies
received, in countries from all regions.
105. While most national plans of action on ageing were adopted after the adoption of the
Madrid Plan of Action in 2002, the information received is not conclusive as to the extent
to which the Madrid Plan of Action has been used to guide government action and policies
or has directly influenced legislative and policy frameworks adopted after 2002.
106. The inclusion of the rights of older persons in the constitution or other form of
superior law also provides an indication of a State’s commitment or intention to protecting
and implementing those rights and ensuring that other legislation is in conformity with
them. It is important to note however that the non-inclusion of those rights should not lead
to inaccurate conclusions on the enforcement and coverage of the rights of older persons, as
in some countries few rights are written into the constitution or superior laws. In such cases,
a detailed analysis of jurisprudence or administrative decisions would be required.6 The
replies to the questionnaire indicate that a large number of States have included the rights of
older persons at the constitutional level or in other legal and policy frameworks, often
focusing on age discrimination and social protection.
107. A number of States furthermore indicated that the Madrid Plan of Action has helped
raise awareness of the situation of older persons. Several countries have conducted official
studies in order to better understand the situation and the needs of older persons.
108. The most frequently mentioned rights were, in the order of frequency, the rights to:
social protection, care, an adequate standard of living, equality and non-discrimination,
dignity and integrity, in particular elder abuse, participation, education, independence and
autonomy, work, accessibility, housing, transport, culture, access to justice, and rights in
risk and emergency situations.
109. Some States have adopted specific legislation and policies in order to improve the
care of older persons. That has sometimes included the adoption of quality standards and
5 OHCHR, Human Rights Indicators: A Guide to Measurement and Implementation (2012), p. 35.
6 Ibid., pp. 144-145.
GE.16-11742 19
accreditation mechanisms for care institutions. Others have adopted minimum standards or
a charter of care rights and responsibilities in home and residential care settings to
guarantee high quality ageing and effective services for older persons in need of assistance.
110. Also mentioned were specific training programmes based on a human rights-based
approach for informal and formal caregivers. Some States also indicated that they recognize
the work of informal caregivers through financial support and other services such as respite
care, information and counselling.
111. Some sectors of care, such as palliative care or care of persons with dementia
received little attention in those legal, policy and programmes frameworks. The
development of targeted strategies regarding persons with dementia is however under way
in some countries. Little information was provided about the existence of geriatric services
in care settings. Two responses specifically indicated that higher diplomas in gerontology
and geriatrics are available.
112. According to the information received, the issue of elder abuse is being considered
as one of the main priorities. Several States have adopted specific programmes and laws in
order to fight elder abuse, while others have focused on awareness-raising campaigns. Laws
prohibiting discrimination based on age have been enacted and programmes promoting
non-discrimination on the ground of age are being implemented in a number of States,
although the main focus is on the right to work and social protection.
113. Laws or programmes to strengthen the autonomy of older persons covered areas
such as persons with terminal or incurable diseases; informed consent in health care; legal
capacity, in particular of older persons with disabilities; and the freedom of choice for users
of social services.
114. The accessibility programmes mentioned encompassed assistance to older persons
receiving care services in their own homes or in care homes; accessibility for persons with
disabilities; age-friendly municipalities and cities; standards on accessibility in civil
engineering; accessibility of roads and transportation; and digital inclusion. A number of
States have adopted specific programmes related to age-friendly housing options, which
include accessibility, financial aspects and resettlement options.
115. Several States indicated that since the adoption of the Madrid Plan of Action, they
have undertaken reforms of their pension and social protection systems to respond to the
challenges of an ageing society, notably by increasing the pensionable age and contribution
periods.
116. Volunteering programmes of older persons or specific policies were referenced to
encourage older persons to work beyond the statutory retirement age. That sometimes
included incentives for employers to hire and/or to retain older workers.
117. The vast majority of the replies indicated that older persons participated in the
implementation of the Madrid Plan of Action. That includes situations in which older
persons or civil society organizations of older persons participated in the subsequent
development of national plans of action on ageing or any policy-related framework at the
national level.
118. In a number of countries, that participation has led to the establishment of dedicated
institutions, such as national councils of older persons, with varying degrees of
participation by older persons and other organs, depending on the country. Other reported
forms of participation include direct communication with members of the Government or
parliament; participation in national conferences and round-table discussions on the rights
of older persons, or other forms of public consultation mechanism, including at the regional
level; the establishment of national forums on older persons; and various awareness-raising
efforts to encourage the participation of older persons.
20 GE.16-11742
119. From this synthesis of the information provided in the questionnaire responses, it
can be deduced that the Madrid Plan of Action may have informed government action on
older persons and that its adoption correlates with the development and adoption of national
plans of action and specific laws and policies in a number of countries. It should be noted
however that where legal and policy frameworks exist, they tend to focus on issues such as
care, social protection, elder abuse or non-discrimination in the workplace, without
addressing the full spectrum of civil, political, social, economic and cultural rights.
Similarly, government action seems to target particular groups of older persons, such as
those in need of care, without considering an age and disability perspective that takes into
account the homogeneity of that particular group and encompasses the diversity of the
health situation of older persons and their specific needs. The trend towards mainstreaming
ageing into legal, policy, social and economic development frameworks is nevertheless
welcomed.
120. The Madrid Plan of Action seems to have fostered the participation of older persons
at various levels. Its contribution to raising awareness about the situation of older persons,
in particular by giving visibility to age discrimination and elder abuse, has also to be
recognized. That is an important step forward as the need for visibility has long been
considered one of the main challenges faced by older persons.
VI. Conclusions and recommendations
121. By 2050, there will be, for the first time, more older persons than children
under the age of 15 worldwide. A demographic transformation of such magnitude has
far-reaching implications for society at all levels. As the world population continues to
age, the human rights dimension of ageing becomes an ever-growing concern. It is
essential that the analytical lens is all encompassing and embraces the full set of
human rights, economic, social and cultural rights, but also civil and political rights.
122. Older persons face a number of particular challenges in the enjoyment of their
human rights that need to be addressed urgently. Several good or promising practices
in the implementation of existing laws have been reported on issues such as the
development of national strategies or action plans on ageing, and in the area of care,
the right to work, social protection, equality and non-discrimination, access to justice,
violence and abuse, education, training and lifelong learning, the participation of
older persons, accessibility and awareness-raising. None of those areas has however
been covered extensively and little or no information has been received on some
crucial issues such as legal capacity, quality of care, long-term care, palliative care,
assistance to victims of violence and abuse, available remedies, independence and
autonomy, or the right to an adequate standard of living, particularly housing. Each
of the aforementioned areas raises a set of issues and protection concerns that deserve
in-depth analysis. The information provided also demonstrates the need for South-
South cooperation and the sharing of good practices at the regional level to guide
national-level implementation taking into account regional specificities.
123. The information received appears to indicate that the implementation of the
Madrid International Plan of Action on Ageing may have positive implications for the
enjoyment of some human rights by older persons. However, uneven progress with
regard to the implementation of the Madrid Plan of Action and gaps between policy
and practice remain major constraints. Moreover, while the Madrid Plan of Action
contains a number of references to human rights, it is not a human rights instrument
and it addresses ageing issues mainly from a developmental perspective. It has not
been designed to comprehensively address existing protection gaps and is therefore
not sufficient to ensure the full enjoyment of their human rights by older persons.
GE.16-11742 21
124. The former United Nations High Commissioner for Human Rights, in her 2012
report on the human rights situation of older persons, concluded that existing
arrangements to protect the human rights of older persons were inadequate and that
dedicated measures to strengthen the international protection regime were required,
such as a new dedicated international instrument and/or a new special procedure
mandate (see E/2012/51, para. 66).
125. Similarly, the Open-ended Working Group on Ageing concluded at its sixth
session, held in 2015, that the existing mechanisms designed to guarantee the full
exercise of the civil, political, social, economic and cultural rights of older persons
have flaws (see A/AC.278/2015/2, p. 8). A variety of proposals have been made with
regard to new instruments and measures, in accordance with the Working Group’s
mandate, including a dedicated convention or an optional protocol to an existing
convention. As the present report and its findings will be brought to the attention of
the Working Group, in accordance with Council resolution 24/20, the Independent
Expert calls on States to step up their efforts to determine the best way to strengthen
the protection of the human rights of older persons and to consider the various
proposals that have been made, notably the elaboration of a convention on the rights
of older persons. It is also hoped that the Working Group will in due course present to
the General Assembly a proposal containing, inter alia, the main elements that should
be included in an international legal instrument to promote and protect the rights and
dignity of older persons, which are not currently addressed sufficiently by existing
mechanisms and therefore require further international protection, as requested by
the General Assembly in its resolution 67/139 of 20 December 2012.7 Considering that
there is unanimity about the need to strengthen the protection of the human rights of
older persons, existing divergences must urgently be overcome, given the millions of
older persons waiting for their human rights to become a reality.
126. The creation of the mandate of the Independent Expert on the enjoyment of all
human rights by older persons by the Human Rights Council in 2013 constituted a
paradigm shift from a predominant economic and development perspective to ageing
to the imperative of a human rights-based approach8 that views older persons as
subjects of law, rather than simply beneficiaries, with specific rights, the enjoyment of
which has to be guaranteed by States. It has also kick-started a Geneva-based process
that has received new impetus through the recent launching of the Group of Friends
on the human rights of older persons. It is hoped that this will contribute to further
deepening the discussions at the level of the Human Rights Council and to ensure that
this human rights forum remains seized of this important matter and actively engaged
in shaping tomorrow’s society.
7 Adopted by a recorded vote of 54 in favour to 5 against (Canada, Israel, Seychelles, South Sudan,
United States of America), with 118 abstentions.
8 See the statement of the United Nations High Commissioner for Human Rights to the United Nations
System Chief Executives Board for Coordination in New York in October, 2011, entitled “The Tunis
imperative: human rights in development cooperation in the wake of the Arab Spring”, available at
https://interagencystandingcommittee.org/system/files/legacy_files/The%20Tunis%20Imperative%20
Pillay.pdf.