Joint
submission by AGE Platform Europe, HelpAge International, The Law in the
Service of the Elderly and the National Association of Community Legal Centres
Australia.[1]
Open-ended
Working Group on Ageing, 10th Working Session, 15-18 April 2019
Education, training, lifelong learning, and capacity building
Authors
This joint
submission is authored by Robin Allen
(Cloisters), Andrew Byrnes (Australian Human Rights Institute, Faculty of Law,
University of New South Wales), Israel (Issi) Doron (University of Haifa), Nena
Georgantzi (AGE Platform Europe / National University of Ireland Galway), Bill
Mitchell (National Association of Community Legal Centres, Australia) and
Bridget Sleap (HelpAge International). Our views do not necessarily reflect the
broad and consensual positions of the organisations we represent, which will be
submitted separately.
Context of Response
This response
addresses the guiding questions from a global perspective. It summarises a more
comprehensive statement which will be provided to the 10th working
session.
Question 1: International legal framework
Despite provisions on the right to education,[2]
there are unique disadvantages and aspects of the right in older age which are
not adequately provided for in existing human rights law.
International human rights standards are
needed on older persons’ right to lifelong learning and education on an equal
basis with others and without discrimination, so they can live autonomous and
independent lives, fulfil their aspirations, build their skills and capacities,
develop their full human potential and sense of dignity and self-worth, and
participate fully in society.
Scope
of the right
· The right shall cover all forms of
learning and education, including but not limited to tertiary education,
vocational training and retraining, digital education, adult education,
informal, recreational and community-based education, lifelong learning
programs, and skills training in literacy, numeracy and technological
competencies.
Non-discrimination
and equality
· Older people have the right to equal
access to opportunities for all forms learning and levels of education without
discrimination based on age or any other factor.
·
Older
people have the right to equal access to digital learning and education
platforms without discrimination based on age.
·
States
shall take steps to eliminate negative ageist stereotypes and prejudices about
older people’s ability to learn.
·
Older
people have the right to the same opportunities as others to benefit from
scholarships and other educational or study grants.
·
Older
people have the right to participate in the decision-making processes regarding
the shape and content of learning and educational programs aimed at older
adults.
· Older people have the right to
participate as teachers and sources of knowledge and wisdom in learning and
educational programs for all generations.
Accessibility
· Older people have the right to
affordable lifelong learning and education opportunities that fit their needs,
preferences, skills, motivations, and diverse identities.
· Older people have the right to
lifelong learning and education opportunities in settings that are accessible
to them including in their communities and in care and support settings.
Availability
· Older people have the right to equal
access to opportunities of lifelong learning and education available to the
general public and to learning opportunities adapted to their specific needs,
skills, motivations, preferences and diverse identities.
Acceptability
· Older people have the right to
appropriate and acceptable lifelong learning and education opportunities that
fit their needs, preferences, skills, motivations, and diverse identities.
· Older people have the right to
learning and educational materials in an appropriate, accessible and acceptable
format.
Remedies
and redress
· Safeguards must be in place to protect
against breaches of the right to lifelong learning and education, including
breaches of privacy and security of data on digital and online learning
platforms.
·
Older
people have the right to accessible legal information.
· Older people have the right to
accountability mechanisms that provide for remedies and redress when their
rights are violated.
Question
2: Challenges in availability, accessibility and adaptability
Older persons face a range of challenges to
the enjoyment of their right to education, including:
· Lack of availability of learning
opportunities adapted to the preferences and learning needs of older persons,
for example prison rehabilitation programmes tend to cater for younger
offenders in terms of skills training and education and release programmes may
not address the resettlement challenges older prisoners may face.[3]
·
Information
not available in formats accessible to older persons
·
Limited
access to education, training and learning opportunities for older persons in
care and support settings
·
Unequal
access to digital education, including e-textbooks, mobile learning, online
learning and technology-enhanced learning, due to interfaces that do not allow
for difference in vision, hearing and dexterity, unaffordable technologies or
lack of access to digital skills training[4]
·
Limited
access to legal information and how to access legal and other complaint-making
proceedings.[5]
· Unaffordable cost of education,
training or skills building courses and associated costs such as transport
Question
5: Equality and non-discrimination
Older persons experience ageism and age
discrimination in relation to the right to education in different ways, for
example:
· Deeply entrenched ageist stereotypes
that older persons need not, cannot, and do not wish to, learn
·
Age
limits in education which are considered lawful under anti-age discrimination
legislation[6]
·
Age
limits for scholarships and other support instruments which exclude older
persons.[7]
·
Unequal
access of older workers to employment training and career development schemes[8]
·
Funding
for further education which prioritises low-level skills and qualifications
that are not appropriate for older persons who already have these but need to
extend their skills to remain in employment.[9]
·
Invisibility
and lack of voice in shaping and choosing the content of education and learning
programs aimed at older adults.
·
Exclusion
and discrimination based on old age in participating in the teaching and
managing staff of educational and learning programs for older adults.
[3] Sleap, Old age behind bars: how can prisons adapt to the needs of
increasingly elderly populations? 2014, https://www.penalreform.org/blog/age-bars-prisons-adapt-increasingly-elderly-populations/
[4] Craig Mokhiber, Artificial Intolerance and
Digital Dignity: Older Persons, Human Rights and New Technologies for
Education, presentation at the International Expert-Conference on Human Rights
of Older Persons, Vienna, 13th November 2018, http://www.ageing.at/en/downloads/downloads-day-2-en
[5] Edwards and Fontana, Legal
Information Needs of Older People, Law and Justice Foundation of New South
Wales, 2004 http://www.lawfoundation.net.au/ljf/site/articleIDs/9D9D131462B745E0CA257060007D1408/$file/legal_info_needs_report.pdf
[6] https://civilrights.findlaw.com/discrimination/age-discrimination-in-education.html
[8] Alexis Rinckenbach, Lifelong education and
digital training for the elderly in France, presentation at the International
Expert-Conference on Human Rights of Older Persons, Vienna, 13th
November 2018, http://www.ageing.at/en/downloads/downloads-day-2-en
