A/HRC/33/44
119. From this synthesis of the information provided in the questionnaire responses, it
can be deduced that the Madrid Plan of Action may have informed government action on
older persons and that its adoption correlates with the development and adoption of national
plans of action and specific laws and policies in a number of countries. It should be noted
however that where legal and policy frameworks exist, they tend to focus on issues such as
care, social protection, elder abuse or non-discrimination in the workplace, without
addressing the full spectrum of civil, political, social, economic and cultural rights.
Similarly, government action seems to target particular groups of older persons, such as
those in need of care, without considering an age and disability perspective that takes into
account the homogeneity of that particular group and encompasses the diversity of the
health situation of older persons and their specific needs. The trend towards mainstreaming
ageing into legal, policy, social and economic development frameworks is nevertheless
welcomed.
120. The Madrid Plan of Action seems to have fostered the participation of older persons
at various levels. Its contribution to raising awareness about the situation of older persons,
in particular by giving visibility to age discrimination and elder abuse, has also to be
recognized. That is an important step forward as the need for visibility has long been
considered one of the main challenges faced by older persons.
VI. Conclusions and recommendations
121. By 2050, there will be, for the first time, more older persons than children
under the age of 15 worldwide. A demographic transformation of such magnitude has
far-reaching implications for society at all levels. As the world population continues to
age, the human rights dimension of ageing becomes an ever-growing concern. It is
essential that the analytical lens is all encompassing and embraces the full set of
human rights, economic, social and cultural rights, but also civil and political rights.
122. Older persons face a number of particular challenges in the enjoyment of their
human rights that need to be addressed urgently. Several good or promising practices
in the implementation of existing laws have been reported on issues such as the
development of national strategies or action plans on ageing, and in the area of care,
the right to work, social protection, equality and non-discrimination, access to justice,
violence and abuse, education, training and lifelong learning, the participation of
older persons, accessibility and awareness-raising. None of those areas has however
been covered extensively and little or no information has been received on some
crucial issues such as legal capacity, quality of care, long-term care, palliative care,
assistance to victims of violence and abuse, available remedies, independence and
autonomy, or the right to an adequate standard of living, particularly housing. Each
of the aforementioned areas raises a set of issues and protection concerns that deserve
in-depth analysis. The information provided also demonstrates the need for SouthSouth cooperation and the sharing of good practices at the regional level to guide
national-level implementation taking into account regional specificities.
123. The information received appears to indicate that the implementation of the
Madrid International Plan of Action on Ageing may have positive implications for the
enjoyment of some human rights by older persons. However, uneven progress with
regard to the implementation of the Madrid Plan of Action and gaps between policy
and practice remain major constraints. Moreover, while the Madrid Plan of Action
contains a number of references to human rights, it is not a human rights instrument
and it addresses ageing issues mainly from a developmental perspective. It has not
been designed to comprehensively address existing protection gaps and is therefore
not sufficient to ensure the full enjoyment of their human rights by older persons.
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GE.16-11742
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