Statement by the Independent Expert on the Enjoyment of All Human Rights by Older Persons: Fifth Session of the Open-ended Working Group on Ageing

New York, 1 August 2014

Mr. Chair, Distinguished Delegates and Participants, Ladies and Gentlemen,

It is an honour to address you on the occasion of this Fifth Session of the Open-ended Working Group on Ageing as the first United Nations Independent Expert on the enjoyment of all human rights by older persons. I would like to take this opportunity to congratulate all members of the Bureau, especially the Chair, for their work and the organization of this panel.

The establishment of this Open-ended Working Group on Ageing, in 2010, was an important step towards the strengthening of the protection of the human rights of older persons. Similarly, the adoption of the Madrid International Plan of Action on Ageing, in 2002, and its follow-up are of paramount importance in helping Member States to implement adequate public policies adjusted to an ageing society.

After having participated in the promotion and protection of human rights of older persons at the international level, working with governments of different countries, with scientific societies, academia and the elderly themselves, I have come to know and understand the multifaceted reality of ageing.

Through this professional career, over the past 30 years, I developed not only a rich understanding, but also the firm belief that the processes surrounding the ageing of the population as well as the work with older persons, require knowledge, proper coordination, the conditions for consensus building and effective linkages with different networks. All of this is necessary in order to avoid duplication and ensure synergies between States, with civil society, especially with organizations of older persons, with scientific societies, the cooperation with human rights mechanisms, the Open-ended Working Group on Ageing, the Office of the High Commissioner for Human Rights, other special procedures and subsidiary organs of the Human Rights Council.

The world is experiencing an unprecedented demographic transformation to an ageing population. All regions face this transformation. In this context, the different situations as a result of the heterogeneity of the challenges related to ageing and other cultural specificities should be taken into account when addressing the issue of older persons. In fact, when we talk about age from a human rights perspective, this is not merely a numerical designation. It is rather a social construct based on custom, practice and the perception of the role a person has in the community. Therefore, the specific vulnerabilities of older persons can be the result of physical and mental conditions, but also the result of the obstacles encountered due to societal perception and the interaction of an individual with his or her environment.

As part of my mandate, I have been tasked to assess the implementation of existing international instruments with regard to older persons, while identifying both best practices and gaps in the implementation of existing law related to the promotion and protection of the rights of older persons. I have also been requested to assess the human rights implications of the implementation of the “Madrid International Plan of Action on Ageing”.

Moving from words to action is not always easy, but there is an established framework and certain personal beliefs that guide action towards the promotion, protection and defence of the human rights of older persons.

I can share with you that the mandate for this Independent Expert is based on the following considerations:

• Acknowledging that when addressing the problems of older persons, the perspective to keep in mind is a rights-based approach, placing older persons at the centre of the debate, as important actors in the defence of their rights.
• The need to safeguard and ensure the realization of dignity in old age, in all circumstances, as a fundamental value of human rights.
• The recognition of the progress made regarding the importance the topic has gained on the international agenda, prominently illustrated by the role of the Independent Expert.
• The conviction that this special procedure of the UN Human Rights Council is the effective mechanism to articulate and channel the demands of older persons, not only of the active participants, but also of those who suffer from discrimination.
• To take into consideration the established human rights framework, as well as the contribution of treaty bodies, the Human Rights Council and its subsidiary bodies, other special procedures, the Madrid International Plan of Action on Ageing, the studies conducted by the UN Open-ended Working Group on Ageing, the reports of the Secretary General of the United Nations and the High Commissioner for Human Rights.
• The reconciliation of the positions of governments and civil society, both with institutions working with older persons and older people's organizations.
• The recognition of the central role that States have in the implementation of measures that contribute to the promotion and protection of the human rights of older persons. It is necessary to strengthen and make visible successful practices and policies.
• The respect for, and consideration of the specificities of each region of the world, Africa, Asia, Oceania, America and Europe.
• The recognition that the human rights of older persons will be realized through the particularities involved, namely by taking into account a gender and disability perspective into my work, and to pay particular attention to persons of African descent; dependent persons; individuals belonging to indigenous peoples; persons belonging to national or ethnic, religious and linguistic minorities; rural persons; persons living on the streets; and refugees, among other groups. In protecting the rights of older persons it is essential to consider special measures for certain groups to enable them to exercise their rights, since due to their age or other discrimination causes they are often more exposed to violations of their civil, political, economic, social and cultural rights.
• The priority to be given to raising awareness about the human rights of older persons, promoting sensitivity with regard to the problems that affect them. Similarly, we must ensure that they receive information about their rights, in order for them be fully involved in the construction and protection of their lives and that of their peers.

It is therefore planned to carry out the work in two interrelated phases:

• The first phase comprises a stocktaking stage geared towards compiling information provided by different countries and other stakeholders regarding the situation of the human rights of older persons, best practices in the implementation of existing legislation relating to the promotion and protection of the rights of older persons and the appliance of existing international instruments, with a view to facilitate an analysis that integrates a gender, poverty, disability and discriminated groups perspective.
• The second phase will be dedicated to recommendations and the implementation of public policies as well as applied research, based on the concept mapping and the situation revealed in the reports.

Furthermore, every action performed would be based on three main priorities: awareness, visibility, and the implementation of all human rights of older persons.

In carrying out my mandate, I will strive to adopt an inclusive approach to create a space for constructive participation and dialogue to ensure the promotion of the rights of older persons. My interaction in the coming months with state and non-state actors, my contact with older persons and the organizations that represent them, will be key to understanding the challenges we face.

Ladies and gentlemen, it is clear that the mere formal recognition of equal rights, without distinction, as it is reflected in the international human rights instruments and national legislation is not sufficient for the practical implementation of those rights. While there has been progress in creating laws that promote the participation of older persons, much remains to be done in this area and especially against discrimination based on age.

The abuse of older persons has been recognized as a violation of human rights, as it violates the right to personal, physical, psychological and moral integrity. Consequently, special attention should be given to this issue. Moreover, the urgency of strengthening mechanisms that facilitate the possibility of older persons to exercise their autonomy, and the services to prevent and/or delay dependence, the concept of ageing at home or where the person chooses to live.
In my first report to the Human Rights Council, to be published next month, I will share guidelines on some of these issues, including the right to equality and non-discrimination on grounds of age, the recognition of the autonomy of older persons and the prevention of all forms of violence and abuse.

To overcome the challenges we face, I will need the contribution and constructive participation of all of you. I look forward to a fruitful cooperation with Member States, civil society organizations, the elderly and all stakeholders in the regions in order to ensure greater protection of the rights of older persons.

Thank you very much.