Here is the compilation:
Open-ended Working Group on Ageing
Resolutions
Open-ended Working Group on Ageing
Fourth
working session
12-15 August 2013
Compilation of existing international legal
instruments, documents and programmes that directly or indirectly address the
situation of older persons, including those of conferences, summits, meetings
or international or regional seminars convened by the United Nations and
intergovernmental and non-governmental organizations
This compilation has been
prepared by the UN Office of the High Commissioner for Human Rights, pursuant
paragraph 4 of General Assembly Resolution 67/139, which requested “the
Secretary-General, with the support of the Office of the United Nations High
Commissioner for Human Rights, the Division for Social Policy and Development
of the Department of Economic and Social Affairs of the Secretariat and the
United Nations Entity for Gender Equality and the Empowerment of Women
(UN-Women), to submit to the Working Group by its fourth session and from
within existing resources a compilation of existing international legal
instruments, documents and programmes that directly or indirectly address the
situation of older persons, including those of conferences, summits, meetings
or international or regional seminars convened by the United Nations and
intergovernmental and non-governmental organizations”.
International
Human Rights Treaties
Instruments dedicated
to the human rights of older persons:
None
Explicit provisions
on the human rights of older persons contained in the International Bill of
Human Rights (Universal Declaration of Human Rights, International Covenant on
Civil and Political Rights, International Covenant on Economic, Social and
Cultural Rights and their respective Optional Protocols):
None
International human
rights treaties containing a general prohibition of discrimination on the basis
of age
International Convention on the Protection
of the Rights of All Migrant Workers and Members of Their Families, Article 7:
States Parties undertake, in accordance with
the international instruments concerning human rights, to respect and to ensure
to all migrant workers and members of their families within their territory or
subject to their jurisdiction the rights provided for in the present Convention
without distinction of any kind such as to sex, race, colour, language,
religion or conviction, political or other opinion, national, ethnic or social
origin, nationality, age, economic position, property, marital status, birth or
other status.
Other explicit
provisions in human rights treaties explicitly addressing age and older
persons:
Convention on the Elimination of All Forms
of Discrimination against Women, Article 11
1. States Parties shall take all appropriate
measures to eliminate discrimination against women in the field of employment
in order to ensure, on a basis of equality of men and women, the same rights,
in particular:
(e) The right to social security,
particularly in cases of retirement, unemployment, sickness, invalidity and old age and other incapacity to work,
as well as the right to paid leave;
Convention on the Rights of Persons with
Disabilities
Article 13 - Access to justice
1. States Parties shall ensure effective
access to justice for persons with disabilities on an equal basis with others,
including through the provision of procedural and age-appropriate accommodations, in order to facilitate their
effective role as direct and indirect participants, including as witnesses, in
all legal proceedings, including at investigative and other preliminary stages.
Article 16 - Freedom from exploitation,
violence and abuse
2. States Parties shall also take all
appropriate measures to prevent all forms of exploitation, violence and abuse
by ensuring, inter alia, appropriate forms of gender- and age-sensitive
assistance and support for persons with disabilities and their families and
caregivers, including through the provision of information and education on how
to avoid, recognize and report instances of exploitation, violence and abuse.
States Parties shall ensure that protection
services are age-, gender- and disability-sensitive.
Article 25 – Health
States Parties recognize that persons with
disabilities have the right to the enjoyment of the highest attainable standard
of health without discrimination on the basis of disability. States Parties
shall take all appropriate measures to ensure access for persons with disabilities
to health services that are gender-sensitive, including health-related
rehabilitation. In particular, States Parties shall:
(b) Provide those health services needed by
persons with disabilities specifically because of their disabilities, including
early identification and intervention as appropriate, and services designed to
minimize and prevent further disabilities, including among children and older persons;
Article 28 - Adequate standard of living and
social protection
2. States Parties recognize the right of
persons with disabilities to social protection and to the enjoyment of that
right without discrimination on the basis of disability, and shall take
appropriate steps to safeguard and promote the realization of this right,
including measures:
(b) To ensure access by persons with
disabilities, in particular women and girls with disabilities and older persons with disabilities, to
social protection programmes and poverty reduction programmes.
General comments
and recommendations by UN treaty bodies
Treaty Body General
Recommendations and General Comments
CESCR General Comment No. 6, The economic,
social and cultural rights of older persons, 12/08/1995
CEDAW, General Recommendation No. 27,
CEDAW/C/2010/47/GC.1
CESCR, General Comment No. 14, The right to
the highest attainable standard of health, E/C.12/2000/4
http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G00/439/34/PDF/G0043934.pdf?OpenElement
CESCR, General Comment No. 20, Non-
Discrimination in economic, social and cultural rights, E/C.12/GC/20
CESCR, General Comment No. 21, Right of everyone to participate in
cultural life, E/C.12/GC/21, 21
CESCR, Repor t
on the Twelfth and Thirteenth Sessions, 12 December 1996, E/1996/22
Human Rights Committee, General Comment
no.18, Non Discrimination, HRI/GEN/Rev.6
Treaty Body
Concluding Observations
CEDAW, Concluding Observations, Albania
CEDAW, Concluding Observations, The
Netherlands, CEDAW/C/NLD/CO 5, 5 February 2010, para 45
CEDAW, Concluding Observations, Argentina
CEDAW, Concluding Observations, Papua New Guinea
CESCR, Concluding Observations for Democratic People’s Republic of Kor ea
CESCR, Concluding Observations for Canada
Human Rights Committee, Concluding
Observations, Germany
CEDAW, Concluding Observation, Iceland
Concluding Comments France, Fortieth session
14 Jan- 1 Feb 2008, CEDAW/C/FRA/CO/6
CESCR, Consideration of Repor ts, Submitted by State Parties under Articles 16
and 17, Slovenia, E/C, 12/SVN/CO/1, para 22, 35
CESCR, Consideration of Repor ts, Submitted by State Parties under Articles 16
and 17
Concluding Observations of the CESCR, Serbia
and Montenegro, E/C.12/1/Add.108, Thirty-fourth session 25 April-13 May 2005,
para 8
Repor ts of UN Special Procedures
Thematic study on the realization of the
right to health of older persons by the Special Rappor teur
on the right of everyone to the enjoyment of the highest attainable standard of
physical and mental health, Anand Grover, 4 July 2011, A/HR C/18/37 (the right
to health of older persons)
Repor t
of the independent expert on the question of human rights and extreme poverty,
Magdalena Sepúlveda Carmona, 31 March 2010, A/HRC/14/31 (old age and
non-contributory pensions)
Non-binding
UN Policy Instruments
Vienna
International Plan of Action on Ageing, adopted at the Wor ld
Assembly on Ageing in 1982
Madrid
International Plan of Action on Ageing, adopted at the Second Wor ld Assembly on Ageing (2002)and endor sed
by the General Assembly in resolution 57/167
Non-binding
Regional Policy Instruments
ECLAC, Regional
Strategy for the implementation in
Latin America and the Caribbean of the Madrid
International Plan on Ageing
ECLAC,
Declaration of Brasilia for
the Latin American and Caribbean Region (2007)
UNECE, Regional
Implementation Strategy for the Madrid
Arab Plan of
Action on Ageing to the Year 2012 (E/ESCWA/SD/2002/WG.1/8)
African Union
Policy Framework and Plan of Action on Ageing
Declaration of
Commitment of Por t
of Spain
Resolution 2455
on human rights and older persons, Organization of American States (2009)
Plan of Action
of the Pan American Health Organisation/ Wor ld
Health Organisation, including Active and healthy Ageing (2009)
UN Resolutions,
Repor ts and documents
Resolutions
Resolution
adopted by the General Assembly,
Follow-up to the Second Wor ld
Assembly on Ageing, 4 Feb 2011, A/RES/65/182
A/RES/66/127
A/RES/64/132 (op 14)
E/2010/14 ops 4, 10 and 12
1992 Global
Targets on Ageing for the Year 2001
(A/RES/47/86)
Proclamation on
Ageing – A/RES/47/5
UN Principles for Older Persons, GA Resolution 49/91, A/RES/46/91
Repor ts
Repor t of the United Nations High Commissioner for Human Rights submitted to the Economic and Social
Council, 20 March 2012, E/2012/51
Follow-up to the Second
Wor ld Assembly on
Ageing, Repor t of the
Secretary-General, 22 July 2011, A/66/173
Report of the Open-ended Wor king Group on Ageing, Open-ended Wor king Group on Ageing, First wor king session, New Yor k
Human rights of
older persons: International human rights principles and standards, OHCHR,
Background paper, revised and updated Open-ended Wor king
Group, 18- 21 April 2011
Wor king Paper prepared by Mrs Chinsung Chung, Human
Rights Council Advisor y Committee, 4
December 2009, A/HRC/AC/4/CRP.1
Statement of the
United Nations High Commissioner for
Human Rights on 1 October 2010
Abuse of older
persons: recognizing and responding to abuse of older persons in a global
context Repor t of the Secretary-General,
9 January 2002, E/CN.5/2002/PC/2
Submissions to the Secretary - General repor t, GA res. 65/182
E/CN.5/2012/5
Report of the Secretary-General. Second Review and Appraisal of MIPAA
E/CN.5/2010/4
Report of the Secretary-General. Further the implementation of MIPAA
International Labour
Organisation (ILO) Standards
ILO Convention
no. 102 concerning Social Security (minimum Standards) 1952, 201 UNTS 132, Part
V
ILO Convention
No. 128 concerning Invalidity, Old Age and Survivors Benefits 1967, 699 UNTS
185
ILO, R202,
Recommendation on National Floors for Social Protection, 2012
ILO, Social
Protection Floor for a Fair and Inclusive Globalisation, Repor t of the Advisor y
Group, 2011
ILO, R131,
Invalidity, Old-Age and Survivor ’s
Benefits Recommendation, 1967;
R162 Older Wor kers Recommendation, 1980; Section II, para 5(g)
R166 Termination
of Employment Recommendation, 1982
Documents from other UN Agencies
World Health
Organisation, Contribution to the World Conference on Human Rights, 29 March
1993, A/CONF.157/PC/61/Add.8., paras. 53-56.
World Health
Organisation, A life course perspective of maintaining independence in older
age, 1999
World Health
Organisation and World Bank, World Report on Disability, 2011
United Nations
Division for the Advancement of Women, Gender Dimensions of Ageing Women, 2000
UNFPA and
HelpAge International, Ageing in the Twenty-First Century. A Celebration and A
Challenge
Other Documents from Regional Organizations
Permanent Council of the Organization of American
States
Committee on
Juridical and Political Affairs, Wor king
Group on Protecting the Human Rights of Older Persons
Organization of
American States General Assembly Resolution AG/RES. 2654 (XLI-O/11) Protecting
the Human Rights of Older Persons, adopted at the four the plenary session of
the for ty-first General Assembly, 7
June 2011
Repor t on the Situation of Older persons in the
Hemisphere and the Effectiveness of Binding Universal and Regional Human Rights
Instruments with Regards to Protection of the Human Rights of Older Persons;
December 5, 2011); OEA/Ser.G; CAJP/GT/DHPM-14/11 rev. 1
http://www.oas.org/consejo/cajp/human%20rights.asp#Older
Persons
Council of Europe
Steering Committee for
Human Rights (CDDH), Drafting Group on the Human Rights of the Elderly
(CDDH-AGE) documents and reports
Meeting repor t,
1st meeting, Council of Europe, Strasbourg
Viewpoint of the Commissioner for Human Rights of 28 April 2008: “Aged people are
too often ignor ed and denied their
full human rights”
Commissioner for Human Rights, 2nd Annual Repor t April 2001 to December 2001 to the Committee of
Ministers and the Parliamentary Assembly, Comm. DH (2202) 2, p 119-131
Council of
Europe Commissioner for Human
Rights, Recommendations of the Commissioner for
Human Rights on the Implementation of the right to housing CommDH (2009)5
Council of
Europe Recommendation R(99)4 of the Committee of Ministers to Member States on
Principles Concerning the Legal Protection of Incapable Adults (adopted on 23
February 1999) (“Recommendation R(99)4”)
The Rights of
Elderly Persons under the European Social Charter, Draft Infor mation Document drawn up by the Secretariat of the
Council of Europe, Department of the European Social Charter, March- April 2011
Recommendation and Resolutions of the Parliamentary
Assembly of the Council of Europe
Resolution 1793
(2011): Promoting active ageing: capitalising on older people’s wor king potential
Recommendation
1796 (2007): The situation of elderly persons in Europe
Recommendation
1749 (2006): Demographic challenges for
social cohesion
Resolution 1502
(2006): Demographic challenges for
social cohesion
Recommendation
1619 (2003): Rights of elderly migrants
Recommendation
1591 (2003): Challenges of social policy in Europe ’s
ageing societies
Recommendation
1428 (1999): The future of senior
citizens: protection, participation and Promotion
Recommendation 1254
(1994): on the medical and welfare rights of the elderly: ethics and Policies
Resolution 1008
(1993): on social policies for
elderly persons and their self-reliance
Recommendation
CM/Rec(2011)5 of the Committee of
Ministers to member states on reducing the risk of vulnerability of elderly
migrants and improving their welfare
Recommendation
CM/Rec(2009)6 of the Committee of Ministers to member states on ageing and
disability in the 21st century: sustainable framewor ks
to enable greater quality of life in an inclusive society; Reply from the
Committee of Ministers to the Parliamentary Assembly on “Challenges of social
policy in Europe ’s ageing societies”
Recommendation
No. R (94) 9 of the Committee of Ministers to member states concerning elderly
people
Recommendation
1418 (1999) 1 of the Parliamentary Assembly of the Council of Europe,
Protection of the human rights and dignity of the terminally ill and the dying
African Commission on Human and Peoples’ Rights
African
Commission on Human and Peoples’ Rights Repor t
on Focal Point on the Rights of Older persons in Africa, Commissioner Y.K.J.
YeungSik Yuen
Final Communique
of the 45th Ordinary Session of the African Commission on Human and
Peoples Rights, Held in Banjul, The Gambia, From 13- 27 May 2009, EX.CL/5 (XV)
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