Friday, October 5, 2012

New report on global aging in the 21st century

The world is growing old fast. In the next 10 years, the number of people over age 60 will surpass one billion.

Ageing in the Twenty-First Century: A Celebration and A Challenge, is a landmark new report published by UNFPA and HelpAge.
It makes the case for governments, NGOs, global institutions, and civil society to fully commit to a concerted global effort to realign 21st century society to fit the realities of 21st century demographics.
Here is the link to the full report:
 

Thursday, September 27, 2012

UN OEWG - Open Ended Working Group: The Chair's Summary

The United Nations General Assembly created an Open-ended Working Group (OEWG) on Ageing in December 2010 to consider existing international framework on human rights of older persons, and identify possible gaps and how best to address them, including by considering, as appropriate, the feasibility of further instruments and measures.

Between August 21-24 the 3rd meeting of the OEWG - Open Ended Working Group of the UN for the purpose of strengthening the human rights of older persons was convened in New York.
The Chair of the group has published the summary of this meeting.
Here is the link to the full summary:

http://social.un.org/ageing-working-group/documents/Chairssummary3rdsessionOEWGfinal.pdf


Here are the closing remarks of the chair:

IV. Closing Remarks by Chair

In his closing remarks, the Chair summarized important themes and discussions addressed during the interactive panel sessions. He highlighted several proposals and suggestions that were put forward by Member States and civil society organisations.

The Chair stated that it was evident, that Member States continue to be interested in strengthening the protection of the human rights of older persons. In appreciating the opportunity to exchange views on ways to address this topic, the Chair noted diverging opinions that had emerged during the debate. Certain Member States felt strongly that the human rights of older persons are protected by existing instruments, and that focus should be placed on implementation through improved legal frameworks and building on existing national, regional and international instruments, with the understanding that the Madrid International Plan of Action on Ageing (MIPAA) is sufficient to protect the human rights of older persons.

The Chair noted that some Member States focused their statements on development and the need to ensure a more comprehensive protection of the human rights of older persons. Others stated that existing treaty bodies are already constrained with heavy workload and limited timelines, and therefore, could not be further burdened with the responsibility of addressing the human rights of older persons. Some Member States suggested calling upon existing United Nations Rapporteurs, while others recommended asking for special procedures from the Human Rights Council to seek recommendations on how to better protect and promote the human rights of older persons. The Chair also noted that certain Member States, as well as civil society organisations, called for the drafting of a new international instrument; a United Nations convention on the rights of older persons, to provide a binding treaty that identifies the rights of older persons as well as the obligations of State parties to the convention.

The Chair reassured official delegations and representatives of the civil society that their viewpoints would be reflected and taken into account. He emphasised the importance of the Open-ended Working Group in that regard, as well as the need to renew its mandate to continue to explore and deliberate on options for more commonly acceptable solutions to protect and promote the enjoyment of all human rights and fundamental freedoms by older persons without discrimination.

Having stated that, the Chair proposed that the future course of action on this issue be left for the Third Committee to decide at the forthcoming sixty-seventh session of the General Assembly.


Friday, August 31, 2012

Age Friendly Cities and the Law

Age friendly Cities is an international and a global initiative based on WHO's project.
Here is a short description of the project cited from the WHO web-site:
http://www.who.int/ageing/age_friendly_cities/en/

WHO Age-friendly Environments Programme

Background

In 2008, for the first time in history, the majority of the world's population lived in cities. Urban populations will continue to grow in the future. It is estimated that around 3 out of every 5 people will live in an urban area by 2030.
At the same time, as cities around the world are growing, their residents are growing older. The proportion of the global population aged 60 will double from 11% in 2006 to 22% by 2050.
Making cities and communities age-friendly is one of the most effective local policy approaches for responding to demographic ageing. The physical and social environments are key determinants of whether people can remain healthy, independent and autonomous long into their old age.
Older persons play a crucial role in their communities - they engage in paid or volunteering work, transmit experience and knowledge, and help their families with caring responsibilities. These contributions can only be ensured if they enjoy good health and if societies address their needs.

About the WHO Age-friendly Environments Programme

The WHO Age-friendly Environments Programme is an international effort to address the environmental and social factors that contribute to active and healthy ageing.
The Programme helps cities and communities become more supportive of older people by addressing their needs across eight dimensions: the built environment, transport, housing, social participation, respect and social inclusion, civic participation and employment, communication, and community support and health services.

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The question is how to connect the project with elder law?
The answer can be found in a serious of legal articles which argue that one can use the local arena to promote the rights of older persons. See for example the articles below:

http://www.wmitchell.edu/lawreview/Volume37/documents/Doron.pdf

http://journals.cambridge.org/action/displayAbstract?fromPage=online&aid=6614004


Saturday, August 18, 2012

UN 3rd Open-Ended Working Group on Ageing

Third working session of the Open-ended Working Group on Ageing for the purpose of strengthening the protection of the human rights of older persons
The third session of the Open-ended Working Group on Ageing will be held from Tuesday, 21, to Friday, 24 August 2012, in Conference Room 2 (NLB) at UN headquarters. Background information including documents from the UN and NGOs as well as reference material and modalities of the meeting are available online: http://social.un.org/ageing-working-group/thirdsession.shtml

Saturday, July 28, 2012

HelpAge International: Protecting the Rights of Older Persons


Protecting the Rights of Older People

10 reasons why we need to act



“Existing human rights mechanisms have lacked a systematic and comprehensive approach to the specific circumstances of older men and women”.

– Ban Ki-Moon, UN Secretary General[1]



On 21 December 2010, the United Nations General Assembly established an Open-Ended Working Group on Ageing with a mandate to identify gaps in the protection of the rights of older people and ways in which these gaps can be addressed.



Here are ten reasons why the Working Group should recommend the strengthening of legally-binding standards on the rights of older people and the development of a new protection regime:



1. The number of older people worldwide is growing at an unprecedented pace. People over sixty years of age make up an ever greater percentage of the world population. Today, 760 million people are over 60; by 2050, that number will have risen to 2 billion. Older people already outnumber young children (0-4) and will outnumber children under 15 by 2050.[2] This trend is global. Today, 65 per cent of people over 60 live in less developed countries; by 2050, 80 per cent will.[3]

2. There is no dedicated protection regime for older people’s rights. While the rights of women, children, prisoners and people with disabilities are all protected through special international conventions or standards, no such standards exist for older people despite their specific vulnerability to human rights violations.[4]



3. There are clear gaps in protections available to older people in existing human rights standards. Only one of the existing human rights instruments explicitly prohibits age discrimination. This has resulted in a failure in many countries to address the multiple forms of discrimination older people face. Specific provisions regarding issues like elder abuse, long term and palliative care, are also absent from existing human rights standards.



4. Older people’s rights are neglected in the current human rights framework. UN and regional human rights bodies have largely ignored the rights of older people. For example, of 21,353 recommendations the Human Rights Council made during the entire first round of its peer to peer human rights review process of all UN member states (known as Universal Periodic Review), only 31 recommendations referred to “elderly” people or people of “old age”.[5]  



5. Age discrimination and ageism are widely tolerated across the world. Negative ageist attitudes towards old age and older people are deeply ingrained in many societies and, unlike other forms of prejudice and discriminatory behavior, are rarely acknowledged or challenged. This leads to widespread marginalization of older people, and is at the root of their isolation and exclusion.[6]



6. Older people are highly vulnerable to abuse, deprivation and exclusion. A growing body of evidence shows that many older people face abuse and violence in their own homes, and in institutional and long term care facilities. Many are also denied the right to make decisions about their personal finances, property and medical care.[7] They are often denied social security, access to health and productive resources, work, food and housing.[8]



7. Older people hold rights but are often treated with charity instead of as rights holders. Many governments see ageing predominantly as a social welfare or development issue. This reduces older people to recipients of charity rather than people who should enjoy their rights on the same basis as everybody else. A paradigm shift is needed from a social welfare to a rights-based approach.



8. National protections of older people’s rights are inconsistent. National standards on the rights of older people are patchy and inconsistent, as are protection regimes. As a result, few countries collect data on violations of the rights of older people. Violations will continue unaddressed as long as there is a gaping lack of information on their nature, prevalence, and cause.



9. Respect for older people’s rights benefits society as a whole. Violations of the rights of older people lead to exclusion, poverty, and discrimination of older people. Yet, older people make key contributions to any society through their experience and wisdom. Better protection of the rights of older people will allow societies to better capitalize on the potential that older people represent. There is clear evidence, for example, that when older people’s right to social security is realized, there is a positive impact on reduction of poverty rates, restoration of older people’s dignity, reduction of child labour and increased enrolment in schools.[9]



10. Older people are an increasingly powerful group. Older people represent a rapidly growing constituency and are among the most loyal election participants. When they vote, they can have significant political influence.[10] Governments need to address their rights and needs or they risk losing support from this increasingly large block of voters.





Endorsed by:



HelpAge International

Human Rights Watch



[1] UN General Secretary's report, “Follow-up to the Second World Assembly on Ageing” in 2009, A/64/127
[2] UNDESA, World Population Prospects, the 2012 Revision, http://esa.un.org/wpp/ Visited 9 July 2012
[3] UNDESA, Current Status of the Social Situation, Wellbeing, Participation in Development and Rights of Older People Worldwide, 2011, page 3
[4] Report of the United Nations High Commissioner for Human Rights, 20 April 2012, E/2012/51, page 4
[5] Word searches and analysis were undertaken on the database of UPR-info, http://www.upr-info.org/database/  accessed July 2012.
[6] Report of the United Nations High Commissioner for Human Rights, 20 April 2012, E/2012/51, page 7
[7] See for example, Situation of the rights of older people in all regions of the world – Report of the Secretary General, A/66/173, 2011 http://www.un.org/Docs/journal/asp/ws.asp?m=A/66/173
[8] Report of the United Nations High Commissioner for Human Rights, 20 April 2012, E/2012/51, page 1-12 12
[9] Knox-Vydmanov, “Social protection as development policy: social pensions in the global South”, Die Alten Der Welt: neue Wege der Alterssicherung im globalen Norden und Suden, 2011, pages 285 - 287
[10] UNDESA, Current Status of the Social Situation, Well-being, Participation in Development and Rights of Older People Worldwide, Dec 2011, page 56

Saturday, July 14, 2012

Adult & Elder Guardianship Around the World

IGN - The International Guardianship Network has just published a wonderful and most helpful web interface that includes a global perspective on adult and elder guardianship legal regimes from countries around the world. This is an excellent tool to receive a broad and comparative perspective on this important field of elder law.
The web address is:

http://www.international-guardianship.com/guardianship.htm

Friday, June 29, 2012

The 2012 European Year for Active Ageing

2012 - European Year for Active Ageing and Solidarity between Generations

The year is intended to raise awareness of the contribution that older people make to society. It seeks to encourage policymakers and relevant stakeholders at all levels to take action with the aim of creating better opportunities for active ageing and strengthening solidarity between generations.

What is active ageing?

Active ageing means growing old in good health and as a full member of society, feeling more fulfilled in our jobs, more independent in our daily lives and more involved as citizens. No matter how old we are, we can still play our part in society and enjoy a better quality of life. The challenge is to make the most of the enormous potential that we harbour even at a more advanced age. The European Year 2012 seeks to promote active ageing in three areas:
Employment – as life expectancy increases across Europe, pension ages are rising, but many fear that they will not be able to stay in their current jobs or to find another job until they can retire on a decent pension. We must give older workers better chances in the labour market.
Participation in society – retiring from one's job does not mean becoming idle. The contribution of older people to society as carers for others, typically their own parents or spouses and their grandchildren is often overlooked and so is their role as volunteers. The European Year seeks to ensure greater recognition of what older people bring to society and create more supportive conditions for them.
Independent living – our health declines as we grow old, but a lot can be done to cope with this decline. And quite small changes in our environment can make a big difference to people suffering from various health impairments and disabilities. Active ageing also means empowering us as we age so that we can remain in charge of our own lives as long as possible.

EU funding

How to promote active ageing in Europe - EU support to local and regional actors

Facts and figures

Eurobarometer Special Survey on Active ageing
Eurostat - A statistical portrait of the EU 2012: Active ageing and solidarity between generations