Friday, July 12, 2013

Compilation of existing international legal documents that address HR of Older Persons

For the coming  UN Open-Ended Working Group on Aging, the UN Office of the High Commissioner for Human Rights has prepared a compilation of all international legal documents addressing the situation of older persons.
Here is the compilation:

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, Report 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/C/ALB/CO/3., 16 December 2012


CEDAW, Concluding Observations, The Netherlands, CEDAW/C/NLD/CO 5, 5 February 2010, para 45

CEDAW, Concluding Observations, Argentina, CEDAW/C/ARG/CO/6, 16 August 2010, para 42


CEDAW, Concluding Observations, Papua New Guinea, CEDAW/C/PNG/CO/3, 30 July 2010, para 28


CESCR, Concluding Observations for Democratic People’s Republic of Korea, E/C.12/1/ADD.95


CESCR, Concluding Observations for Canada, E/C.12/1993/5


Human Rights Committee, Concluding Observations, Germany, CCPR/CO/80/DEU, 4 May 2004


CEDAW, Concluding Observation, Iceland, A/57/38, 2002, para 250


Concluding Comments France, Fortieth session 14 Jan- 1 Feb 2008, CEDAW/C/FRA/CO/6


CESCR, Consideration of Reports, Submitted by State Parties under Articles 16 and 17, Slovenia, E/C, 12/SVN/CO/1, para 22, 35


CESCR, Consideration of Reports, 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



Reports of UN Special Procedures

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, Anand Grover, 4 July 2011, A/HR C/18/37 (the right to health of older persons)


Report of the independent expert on the question of human rights and extreme poverty, Magdalena SepĂșlveda 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 World Assembly on Ageing  in 1982


Madrid International Plan of Action on Ageing, adopted at the Second World Assembly on Ageing  (2002)and endorsed 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 International Plan of Action on Ageing (ECE/AC.23/2002/2/Rev.6)


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 Port of Spain of Plenipotentiaries, Organization of American States, OAS (2009)


Resolution 2455 on human rights and older persons, Organization of American States (2009)


Plan of Action of the Pan American Health Organisation/ World Health Organisation, including Active and healthy Ageing (2009)



UN Resolutions, Reports and documents

Resolutions

Resolution adopted by the General Assembly, Follow-up to the Second World 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


Reports

Report 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 World Assembly on Ageing, Report of the Secretary-General, 22 July 2011, A/66/173

Report of the Open-ended Working Group on Ageing, Open-ended Working Group on Ageing, First working session, New York, 18-21 April 2011, 17 May 2011, A/AC.278/2011/4

Human rights of older persons: International human rights principles and standards, OHCHR, Background paper, revised and updated Open-ended Working Group, 18- 21 April 2011


Working Paper prepared by Mrs Chinsung Chung, Human Rights Council Advisory 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 Report of the Secretary-General, 9 January 2002, E/CN.5/2002/PC/2


Submissions to the Secretary - General report, 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, Report of the Advisory Group, 2011


ILO, R131, Invalidity, Old-Age and Survivor’s Benefits Recommendation, 1967;

R162 Older Workers 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, Working 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 forty-first General Assembly, 7 June 2011


Report 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 report, 1st meeting, Council of Europe, Strasbourg, 23 March 2012, CDDH-AGE(2012)R1


Viewpoint of the Commissioner for Human Rights of 28 April 2008: “Aged people are too often ignored and denied their full human rights”


Commissioner for Human Rights, 2nd Annual Report 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 Information 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 working 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 frameworks 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 Report 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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