A/HRC/33/44 IV. Best practices and gaps in the implementation of existing law A. Mandate and methodology 25. In its resolution 24/20, the Human Rights Council requested the Independent Expert on the enjoyment of all human rights by older persons to assess the implementation of existing international instruments with regard to older persons while identifying best practices in the implementation of existing laws related to the promotion and protection of the rights of older persons and gaps in the implementation of existing laws. 26. Pursuant to that request, on 12 November 2015, the Independent Expert sent out a questionnaire to States and stakeholders to identify and collect best practices and good practices. As at 2 June 2016, 74 replies had been received, 40 of which had come from States, 14 from national human rights institutions, 19 from non-governmental organizations and 1 from an intergovernmental organization. The replies were posted on the OHCHR website.3 27. For the purpose of the present report, a best practice was considered to be a particular method, whole programme or specific intervention that had been successfully implemented in a country, that prima facie followed a human rights-based approach and that could inspire other countries. More specifically, the term “practice” is understood to include legislation, policies, strategies, statutes, national plans, regulatory and institutional frameworks, data collection, indicators, case law, administrative practices, scientific research or projects that are currently being implemented. Promising practices, that is, those that may not have been tested or may not have been in existence for long, but seem to generate positive results and have significant potential, were also taken into account. 28. The following summary is based on the information received and cites some of the practices outlined in the responses for illustrative purposes. The Independent Expert wishes to note that without in situ visits and a comprehensive review of the situation of older persons in a given country, it will not be possible to fully appraise all practices shared by the different stakeholders. She wishes to express her appreciation to those States and other entities that responded to her questionnaire and thereby contributed to building an invaluable repository of knowledge and information on the situation of older persons. B. Legal, institutional and policy framework 29. A number of countries have adopted national strategies, action plans or specific legislation on older persons, which are sometimes comprehensive in nature or geared towards specific areas such as non-discrimination or the right to health of older persons. The involvement of older persons in the formulation of such strategies is essential in order to target the strategy, policy or law to the needs and concerns of older persons. Older persons can be involved either through the establishment of consultative bodies, which may consist of members of civil society representing the interests of older persons, or through comprehensive consultative processes between the Government and older persons, for example public consultations, working groups or more targeted focus group discussions. Consulting academics also allows for the incorporation of the results of applied research. A participatory approach is required to ensure coordination among all levels of government, such as the national, regional and local levels, and across departments and institutions. 3 GE.16-11742 See www.ohchr.org/EN/Issues/OlderPersons/IE/Pages/GoodPractices.aspx. 7

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