A/HRC/33/44
I. Introduction
1.
On 27 September 2013, in its resolution 24/20, the Human Rights Council created
the mandate of the Independent Expert on the enjoyment of all human rights by older
persons. Rosa Kornfeld-Matte was appointed as Independent Expert in May 2014 and took
office on 1 June 2014.
2.
The mandate entrusted to the Independent Expert is new and all-encompassing. It
recognizes the challenges that older persons face related to the enjoyment of all human
rights, and the fact that those challenges require in-depth analysis and action to address
protection gaps. Pursuant to resolution 24/20, the Independent Expert is requested to assess
the implementation of existing international instruments with regard to older persons. In
doing so, she is asked to identify both best practices and gaps in the implementation of
existing law related to the promotion and protection of the rights of older persons. Another
key aspect of the mandate is the assessment of the human rights implications of the
implementation of the Madrid International Plan of Action on Ageing, 2002.
3.
As part of her mandate, the Independent Expert is also requested to raise awareness
of the challenges faced in the realization of all human rights by older persons, and to ensure
that older persons receive information about those rights.
4.
In discharging her mandate, the Independent Expert continued to take into account
the views of States and other stakeholders, as stipulated in paragraph 5 (b) of Council
resolution 24/20. She also sought to integrate a gender and disability perspective throughout
and paid particular attention to, among others, older women, persons with disabilities,
persons of African descent, individuals belonging to indigenous communities, persons
belonging to national or ethnic, religious and linguistic minorities, rural persons, persons
living on the streets, and refugees.
5.
The Independent Expert conducted her work, as requested, in cooperation with
States in order to foster the implementation of measures that contribute to the promotion
and protection of the rights of older persons. She also participated in the annual sessions of
the Open-ended Working Group on Ageing in order to ensure a coordinated approach while
avoiding unnecessary duplication. While the focus of the Independent Expert’s analysis is
on implementation of existing laws and resulting protection gaps, the Working Group is
mandated to identify possible gaps in the existing international framework of the human
rights of older persons and how best to address them, including by considering the
feasibility of further instruments and measures.
6.
The present report is submitted pursuant to paragraph 6 of Council resolution 24/20,
in which the Council requested the Independent Expert to present a comprehensive report at
its thirty-third session. The present report is comprehensive in the sense that it covers all
aspects of the Independent Expert’s mandate. It provides a snapshot of the situation of older
persons, based on information collected during the reporting period, through the analysis of
implementation gaps and best practices, assesses the human rights implications of the
implementation of the Madrid International Plan of Action on Ageing, 2002, and highlights
the areas in which more in-depth analysis and continued monitoring of developments is
required to ensure the promotion and protection of the human rights of older persons.
7.
The report is based on the information provided to the Independent Expert during
her tenure, between June 2014 and June 2016, and in the light of the all-encompassing
nature of the mandate, does not claim to exhaustively cover the whole spectrum of
challenges faced by older persons in the realization of their human rights. As a matter of
fact, in her initial report to the Human Rights Council, the Independent Expert identified a
number of thematic priorities that require thorough analysis. During her tenure, she was
GE.16-11742
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