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
Open-Ended Working Group On Ageing,
9th Working Session, 23-26 July 2018
Normative
content on the right of older persons to freedom from violence, abuse and
neglect
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.
Affirmation of the
right
1.
Older persons have the right to freedom from violence, abuse and neglect.
Scope
of the right
1.1
The right includes all forms of violence, abuse and neglect against older
persons.
1.2
The right applies to violence, abuse and neglect in private and public
settings.
1.3
States Parties are responsible for acts of violence against older persons and
abuse and neglect of older persons committed by organs, officials and agents of
the state at all levels, including private actors acting under the direction of
or in accordance with the instructions of the state, or whose acts are otherwise
attributable to the state.
1.4
States Parties are responsible in relation to the acts of non-state actors if
the State Party fails to meet its obligation to take all reasonable measures to
prevent, as well as to investigate, prosecute, punish and provide reparations
for acts or omissions by non-state actors which acts of violence against older
persons and abuse and neglect of older persons.
State obligations
2.
States Parties shall take appropriate legislative and administrative and other
appropriate measures to prevent violence, abuse and neglect of older persons in
public and private settings by, inter alia:
·
Raising awareness
of, and sensitising society to, the different forms of violence, abuse and
neglect in older age and how to identify and prevent them.
·
Putting in place
effective legislation and policies to ensure all forms of violence, abuse and
neglect are identified, investigated and redressed
·
Ensuring that
measures to prevent violence, abuse and neglect are proportionate and
compatible with the right to autonomy and independence
·
Allocating
sufficient resources for effective implementation
·
Providing
information to and raising awareness of older persons of their rights
·
Providing training
for all care and support providers, including family and other informal care and
support providers, and other service providers, including law enforcement
·
Ensuring a system
of appropriate needs assessment and monitoring in all situations of care and
support
·
Ensuring that all
facilities and programmes designed to serve older persons are effectively
monitored by independent authorities
·
Ensuring a
comprehensive violence protection policy in all care and support settings,
regardless of whether care and support is provided by state or non-state bodies.
This shall include training of providers, a complaints system, protection of
those reporting violence, and interventions procedures
·
Paying specific
attention to the intersectional and other determinants of violence, abuse and
neglect.
3.
States Parties shall ensure timely and effective access by older persons to a
range of support services for victims, survivors and persons at risk of
violence, abuse and neglect, including but not limited to:
·
A full range of
medical, social, psychosocial, rehabilitative and legal services
·
Access to
information about available support and services
·
Access to
appropriate support services for victims, survivors and persons at risk.
4
States Parties shall ensure timely access by older persons to effective
remedies and redress by taking appropriate measures which include but which are
not limited to:
·
Investigating
violations effectively, promptly, thoroughly and impartially and, where
appropriate, taking action against those allegedly responsible in accordance
with domestic and international law
·
Providing older
persons who claim to be victims of violence, abuse and neglect with equal and
effective access to justice, irrespective of who may ultimately be the bearer
of responsibility for the violation
·
Ensuring timely access
by older persons to support, where necessary, to make autonomous decisions
about reporting acts of violence, abuse and neglect
·
Providing
effective remedies to victims and survivors, including reparation. Criminal
justice responses, criminal offences and sentencing practices shall reflect the
aggravated nature of offences against older persons. Prosecutorial action and compensatory
damages shall not be limited by older age.
5.
States Parties shall undertake to collect, disaggregate, analyse, utilise and
make public at regular intervals appropriate information and statistical data
on all forms of violence, abuse and neglect for all age cohorts. This shall take
intersectionality into account and include prevalence and trends, risk factors,
perpetrators, access to support services and effective remedies and redress. The
process of all information collection, and research and use of statistics shall
comply with internationally accepted norms and ethical principles.
