A/HRC/33/44 Action, at least of those relevant priority objectives, would yield outcomes that could be associated with an improved enjoyment of certain human rights by older persons. 102. However, the second review of the Madrid Plan of Action, in 2013, showed that overall progress in its implementation had continued to be uneven, with several shortfalls, and that gaps between policy and practice, and the mobilization of sufficient human and financial resources had remained major constraints (see E/CN.5/2013/6, paras. 80-87). It remains to be seen whether the 2017 review will yield significantly different results. D. Human rights implications assessment 103. The existence of a national plan of action points to a State’s commitment to taking steps to ensure a series of measures aimed at improving the quality of life of older persons, although the adoption of such plans does not capture the substantive coverage of the rights of older persons, or their effective implementation. 5 Most of the States that responded to the questionnaire have adopted national plans of action on ageing and others are in the process of developing such plans. Some States have integrated the rights of older persons in other national action plans, such as on human rights, in national development or social exclusion and poverty reduction action plans. 104. A human rights-based approach has been adopted in the formulation of national plans of action on ageing or policies related to older persons, according to the replies received, in countries from all regions. 105. While most national plans of action on ageing were adopted after the adoption of the Madrid Plan of Action in 2002, the information received is not conclusive as to the extent to which the Madrid Plan of Action has been used to guide government action and policies or has directly influenced legislative and policy frameworks adopted after 2002. 106. The inclusion of the rights of older persons in the constitution or other form of superior law also provides an indication of a State’s commitment or intention to protecting and implementing those rights and ensuring that other legislation is in conformity with them. It is important to note however that the non-inclusion of those rights should not lead to inaccurate conclusions on the enforcement and coverage of the rights of older persons, as in some countries few rights are written into the constitution or superior laws. In such cases, a detailed analysis of jurisprudence or administrative decisions would be required. 6 The replies to the questionnaire indicate that a large number of States have included the rights of older persons at the constitutional level or in other legal and policy frameworks, often focusing on age discrimination and social protection. 107. A number of States furthermore indicated that the Madrid Plan of Action has helped raise awareness of the situation of older persons. Several countries have conducted official studies in order to better understand the situation and the needs of older persons. 108. The most frequently mentioned rights were, in the order of frequency, the rights to: social protection, care, an adequate standard of living, equality and non-discrimination, dignity and integrity, in particular elder abuse, participation, education, independence and autonomy, work, accessibility, housing, transport, culture, access to justice, and rights in risk and emergency situations. 109. Some States have adopted specific legislation and policies in order to improve the care of older persons. That has sometimes included the adoption of quality standards and 5 6 18 OHCHR, Human Rights Indicators: A Guide to Measurement and Implementation (2012), p. 35. Ibid., pp. 144-145. GE.16-11742