RES/33/5 The human rights of older persons

GE.16-17221(E)



Human Rights Council Thirty-third session

Agenda item 3

Resolution adopted by the Human Rights Council on 29 September 2016

33/5. The human rights of older persons

The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations,

Guided also by the Universal Declaration of Human Rights, the International

Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and

Political Rights, the Convention on the Elimination of All Forms of Discrimination against

Women, the Convention on the Rights of Persons with Disabilities and other relevant

human rights instruments,

Reaffirming the Vienna Declaration and Programme of Action,

Bearing in mind the Political Declaration and the Madrid International Plan of

Action on Ageing of 2002, and all other relevant General Assembly resolutions,

Recalling Human Rights Council resolutions 21/23 of 28 September 2012 and 24/20

of 27 September 2013 on the human rights of older persons,

Recalling also its resolutions 5/1, on institution-building of the Human Rights

Council, and 5/2, on the Code of Conduct for special procedure mandate holders of the

Council, of 18 June 2007, and stressing that the mandate holder shall discharge his or her

duties in accordance with those resolutions and the annexes thereto,

Welcoming the work and taking note with appreciation of the reports of the

Independent Expert on the enjoyment of all human rights by older persons and of the Open-

ended Working Group on Ageing, which is open to all States Members of the United

Nations, for the purpose of strengthening the protection of the human rights of older

persons,

Acknowledging the efforts of States to determine the best way to strengthen the

protection of the human rights of older persons, considering the various proposals that have

been made within the Open-ended Working Group on Ageing, including the possible

elaboration of a multilateral legal instrument on the rights of older persons,

Acknowledging also the adoption of the 2030 Agenda for Sustainable Development,1

and stressing the need to ensure that no one is left behind, including older persons,

Recognizing the essential contribution that older men and women can make to the

functioning of societies and to the achievement of the 2030 Agenda,

Noting with appreciation the developments at the regional level in the protection and

promotion of the human rights of older persons, such as the Inter-American Convention on

the Protection of Human Rights of Older Persons and the Protocol to the African Charter on

Human and Peoples’ Rights on the Rights of Older Persons in Africa, as adopted by their

State parties,

Noting that, between 2015 and 2030, the number of persons aged 60 years or over is

projected to grow by 56 per cent, from 901 million to 1.4 billion, and that this increase will

be the greatest and the most rapid in the developing world, and recognizing that greater

attention is needed to the specific challenges affecting older persons, including in the field

of human rights,

Concerned at the multiple forms of discrimination that may affect older persons and

at the high incidence of poverty and isolation among this particularly vulnerable group,

especially older women, persons with disabilities, persons of African descent, individuals

belonging to indigenous peoples, persons belonging to national or ethnic, religious and

linguistic minorities, rural persons, persons living on the streets, migrants and refugees,

among other groups,

1. Recognizes that older persons face a number of particular challenges in the

enjoyment of their human rights that need to be addressed urgently, including in the areas

of prevention of and protection against violence and abuse, social protection, food and

housing, right to work, equality and non-discrimination, access to justice, education,

training, health support, long-term and palliative care, lifelong learning, participation and

accessibility;

2. Emphasizes the need for a comprehensive, all-encompassing approach to the

care of older persons, which should be sustainable and based on human rights, and the need

for coordination among sectors, policies, institutions, regional and local governments

throughout the continuum of care, from prevention, promotion, rehabilitation to long-term

and palliative care, including social care and other community services;

3. Recalls the need to combat the various forms of violence against older

persons, a widespread phenomenon that includes discrimination in the public sphere,

linguistic and employment discrimination, lack of access, isolation, neglect, financial

exploitation, physical and psychological violence and the withholding of basic needs, and

physical attacks;

4. Reiterates that poverty and lack of income security constitute major concerns

for many older persons, and that information and advisory services on social security

payments, pensions and retirement planning contribute to preventing old-age poverty and

reducing the risk-of-poverty rate, vulnerability and social exclusion;

5. Emphasizes that consultation with older persons is essential in the

formulation and adoption of legislation and policies relating to their specific needs and

concerns;

6. Decides to extend the mandate of the Independent Expert on the enjoyment

of all human rights by older persons for a period of three years:

1 General Assembly resolution 70/1.

(a) To continue to assess the implementation of national, regional and

international standards relevant to the rights of older persons and to identify, exchange and

promote best practices relating to the promotion and protection of these rights;

(b) To report on developments, challenges and protection gaps in the realization

of the rights of older persons, including as input to the work of the Open-ended Working

Group on Ageing, and to make recommendations to the Human Rights Council in this

regard;

(c) To gather, request, receive and exchange information and communications

from and with States and other relevant sources, including older persons, their

representative organizations and other civil society organizations, on violations of the rights

of older persons;

(d) To conduct, facilitate and support the provision of advisory services,

technical assistance, capacity-building and international cooperation in support of national

efforts for the effective realization of the rights of older persons;

(e) To raise awareness of the challenges faced in the realization of the human

rights of older persons and of the positive contribution of older persons to society, and to

provide them with information about their rights;

(f) To engage in dialogue and to consult with States and other relevant

stakeholders, including United Nations agencies, funds and programmes, regional human

rights mechanisms, national human rights institutions, older persons, civil society

organizations and academic institutions;

(g) To work in cooperation with States, assisting them when requested, in order

to foster the implementation of measures that contribute to the promotion and protection of

the rights of older persons;

(h) To integrate a gender and disability perspective throughout the work of the

mandate, and to address multiple, intersecting and aggravated forms of discrimination faced

by older persons;

(i) To work in close coordination, while avoiding unnecessary duplication, with

the Open-ended Working Group on Ageing, other special procedures and subsidiary organs

of the Human Rights Council, relevant United Nations bodies and the treaty bodies;

7. Requests all Governments to cooperate with the Independent Expert, and

invites them to provide the mandate holder with all necessary information relating to the

mandate;

8. Encourages all relevant stakeholders, including United Nations agencies,

funds and programmes, human rights mechanisms, national human rights institutions and

civil society, and invites the private sector, donors and development agencies, to cooperate

fully with the Independent Expert to enable the mandate holder to fulfil the mandate;

9. Requests the Secretary-General to ensure that the reports of the Independent

Expert are brought to the attention of the Open-ended Working Group on Ageing, in

accordance with paragraphs 1 and 3 of General Assembly resolution 67/139 of 20

December 2012;

10. Requests the Secretary-General and the United Nations High Commissioner

for Human Rights to provide the Independent Expert with all the human, technical and

financial resources necessary for the effective fulfilment of the mandate;

11. Decides to remain seized of the matter.

38th meeting

29 September 2016

[Adopted without a vote.]