A/HRC/26/46
binding instruments, such as the European Convention on Human Rights and Fundamental
Freedoms, and the European Social Charter. It stated general principles, while not including
an exhaustive definition of “older persons”. It included chapters on non-discrimination,
autonomy and participation in decision-making (including issues of legal capacity inspired
by the Convention on the Rights of Persons with Disabilities), protection from violence and
abuse, social protection and employment, appropriate and affordable health care, and access
to justice for older persons (including conditions of detention). States might participate in a
voluntary follow-up process five years after adoption of the recommendation.
54.
Jorge Plano, a member of the Executive Board of CORV, expressed his belief that
strong governmental commitment to societal transformation in Latin America and the
Caribbean combined with coordinated advocacy by civil society would lead to the eventual
adoption of a binding regional instrument on the rights of older persons. The 2012 Santiago
Civil Society Declaration stressed the role of civil society organizations in the region, and
called for increased cooperation with governments. Other civil society and
intergovernmental conferences on ageing had produced important outcomes, such as the
Brasilia Charter and Declaration. Regional meetings included the participation of older
persons, academics and NGOs. Civil society organizations had contributed by monitoring
the situation of older persons, proposing changes in their treatment, and participating in
intergovernmental processes at the Organization of American States. Mr. Plano advocated
for the development of a universal, legally binding convention on the rights of older
persons to promote a rights-based approach to public policies affecting them. Civil society
and regional cooperation would be essential for the development of the convention.
55.
Vitalija Gaucaite-Wittich, Chief of the Population Unit at UNECE, observed that
UNECE included 56 countries (including all 47 members of the Council of Europe) in
which one third of the global population of persons over 65 resided. UNECE therefore
served as an important platform for sharing good practices on social policies, labour market
participation and mobility of older persons, the growing base of older consumers,
sustainability of pension systems, including through fiscal reform, long-term care and
health provision, and documented and undocumented migrant care workers. Regionally,
UNECE was in charge of the review and appraisal of the Madrid International Plan of
Action on Ageing, and cooperated with the Council of Europe, inter alia. It also had
national focal points on ageing, and monitored progress through its Working Group on
Ageing, including tools such as the Active Ageing Index and longitudinal data of the
Generations and Gender Programme.
56.
In the interactive dialogue, representatives of the Ligue Marocaine, ADI, the
German Institute for Human Rights, AGE Platform Europe, CORV, HelpAge International
and the Association of World Citizens raised several issues, including the situation of older
persons in Palestine, Syria and Iraq; how to move the discussion on a convention on the
rights of older persons forward; the planned future work of UNECE on the rights of older
persons, institutionalizing civil society participation in regional mechanisms, the draft
protocol to the African Charter on the rights of older persons, and the situation of migrant
workers upon retirement.
57.
In his concluding remarks, Mr. Kloth stated that, beyond the adoption of a European
non-binding instrument, there were discussions in the Latin American and African regions
on binding instruments on the rights of older persons. The follow-up process to the Council
of Europe recommendation on older persons would consist of State responses, which would
be made public, but there was no mechanism for NGO participation. He suggested that
NGOs advocate at the national level. Mr. Plano stated that, even if some regional initiatives
were valuable, there was no equality between regions with regard to the realization of the
rights of older persons. He called for a universal approach to older persons and the
prohibition of age discrimination. Ms. Gaucaite-Wittich voiced the possibility that the
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