A/HRC/33/44
124. The former United Nations High Commissioner for Human Rights, in her 2012
report on the human rights situation of older persons, concluded that existing
arrangements to protect the human rights of older persons were inadequate and that
dedicated measures to strengthen the international protection regime were required,
such as a new dedicated international instrument and/or a new special procedure
mandate (see E/2012/51, para. 66).
125. Similarly, the Open-ended Working Group on Ageing concluded at its sixth
session, held in 2015, that the existing mechanisms designed to guarantee the full
exercise of the civil, political, social, economic and cultural rights of older persons
have flaws (see A/AC.278/2015/2, p. 8). A variety of proposals have been made with
regard to new instruments and measures, in accordance with the Working Group’s
mandate, including a dedicated convention or an optional protocol to an existing
convention. As the present report and its findings will be brought to the attention of
the Working Group, in accordance with Council resolution 24/20, the Independent
Expert calls on States to step up their efforts to determine the best way to strengthen
the protection of the human rights of older persons and to consider the various
proposals that have been made, notably the elaboration of a convention on the rights
of older persons. It is also hoped that the Working Group will in due course present to
the General Assembly a proposal containing, inter alia, the main elements that should
be included in an international legal instrument to promote and protect the rights and
dignity of older persons, which are not currently addressed sufficiently by existing
mechanisms and therefore require further international protection, as requested by
the General Assembly in its resolution 67/139 of 20 December 2012. 7 Considering that
there is unanimity about the need to strengthen the protection of the human rights of
older persons, existing divergences must urgently be overcome, given the millions of
older persons waiting for their human rights to become a reality.
126. The creation of the mandate of the Independent Expert on the enjoyment of all
human rights by older persons by the Human Rights Council in 2013 constituted a
paradigm shift from a predominant economic and development perspective to ageing
to the imperative of a human rights-based approach 8 that views older persons as
subjects of law, rather than simply beneficiaries, with specific rights, the enjoyment of
which has to be guaranteed by States. It has also kick-started a Geneva-based process
that has received new impetus through the recent launching of the Group of Friends
on the human rights of older persons. It is hoped that this will contribute to further
deepening the discussions at the level of the Human Rights Council and to ensure that
this human rights forum remains seized of this important matter and actively engaged
in shaping tomorrow’s society.
7
8
GE.16-11742
Adopted by a recorded vote of 54 in favour to 5 against (Canada, Israel, Seychelles, South Sudan,
United States of America), with 118 abstentions.
See the statement of the United Nations High Commissioner for Human Rights to the United Nations
System Chief Executives Board for Coordination in New York in October, 2011, entitled “The Tunis
imperative: human rights in development cooperation in the wake of the Arab Spring”, available at
https://interagencystandingcommittee.org/system/files/legacy_files/The%20Tunis%20Imperative%20
Pillay.pdf.
21
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