A/HRC/31/37
4.
Violence and abuse against older persons
47.
Older persons are vulnerable to neglect and to physical, psychological, emotional,
sexual or financial abuse within the family. 56 The Madrid International Plan of Action on
Ageing recommends specific actions to be taken by States to eliminate such abuse (para.
110). At the regional level, the Inter-American Convention on Protecting the Human Rights
of Older Persons provides for the protection of older persons from any violence “within the
family or household unit,” including abandonment or negligence. States parties undertake
to prevent any form of violence in the family or household unit and to ensure that older
persons are treated with dignity (art. 9).
F.
State obligations with regard to the protection of the family
48.
Analysis of the evolving standards and practice within the United Nations human
rights system reveals the existence of a clear international normative consensus, built
around the recognition of the family as the fundamental social unit and of the various
educational, nurturing and caring functions families perform for their members. That makes
families relevant actors in promoting the enjoyment of the basic human rights of their
members, including the rights to an adequate standard of living, notwithstanding the
primary obligations of States in that regard. From that perspective, the recognition of the
family as a social institution in international human rights law concurs with and builds upon
the recognition of the role of families in poverty eradication and sustainable development
(see paras. 11-17 above)
49.
Derived from this recognition, international norms, starting with the foundational
article 16 (3) of the Universal Declaration of Human Rights, affirm States’ obligations with
regard to the family. The International Covenant on Economic, Social and Cultural Rights
calls upon States to accord the widest possible protection and assistance to families (art.
10), thus signalling that the implementation of State obligations in this area is not limited to
formal recognition or non-interference, but also includes positive measures.
50.
In implementing their international obligations, States should adopt a human rightsbased approach that is grounded in international standards, as described above. Family
policies should be guided by basic human rights principles, including equality and nondiscrimination, and by respect for the rights of individual family members, notably those
who might find themselves in a situation of vulnerability. A rights-based approach would
provide substantive guidance for State intervention in priority areas, such as ensuring
universal access to sexual and reproductive health services, including family planning, or
promoting work-family balance.
IV. Implementation of State obligations: a review of comparative
practices
51.
Family policies may take a variety of forms. However, they are conventionally
divided into two interrelated categories: explicit family policies, which are designed to
achieve specific objectives relating to the family as a social institution; and implicit family
policies, which, while not addressing the family unit directly, may have bearing on it.57 The
56
57
14
A/HRC/18/37, paras. 50-51.
Department of Economic and Social Affairs, “Family policy in a changing world: promoting social
protection and intergenerational solidarity”, Report of the Expert Group meeting (Doha, 14-16 April
2009), pp. 8-9. Available at www.un.org/esa/socdev/family/meetings/egmreportdoha09.pdf.
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