A/HRC/27/46
25.
Although there is no specific international human rights instrument devoted to older
persons, most human rights treaties contain implicit obligations towards them. Explicit
references to age as a ground of discrimination, though rare, can be found in more recent
human rights treaties, such as article 7 of the International Convention on the Protection of
the Rights of All Migrant Workers and Members of Their Families. The Convention on the
Rights of Persons with Disabilities contains various references to older persons (in article
13.1, on access to justice, article 16 on age-sensitive protection services, article 25 (b) on
health, and article 28.2 (b) on an adequate standard of living and social protection). The
Convention on the Elimination of All Forms of Discrimination against Women includes a
reference to old age in relation to discrimination in the enjoyment of the right to social
security (article 11.1 (e)).
26.
The treaty bodies have considered the application of their respective treaties to older
persons. The Committee on Economic, Social and Cultural Rights issued general comment
No. 6 on the economic, social and cultural rights of older persons, while the Committee on
the Elimination of Discrimination against Women made general recommendation No. 27 on
the issue of older women and the protection of their human rights. The Committee on
Economic, Social and Cultural Rights also referred to the rights of older persons in its
general comment No. 19 on the right to social security (considering old age one of the
branches to be covered by social security systems), and general comment No. 20, on nondiscrimination in economic, social and cultural rights (which prohibits age as a ground for
discrimination).
27.
A number of regional human rights treaties also contain provisions on the rights of
older people, namely article 17 of the Additional Protocol to the American Convention on
Human Rights in the Area of Economic Social and Cultural Rights (Protocol of San
Salvador); articles 46 and 47 of the Andean Charter for the Promotion and Protection of
Human Rights; article 25 of the Charter of Fundamental Rights of the European Union;
article 12 of the revised European Social Charter; and article 18 of the African Charter on
Human and Peoples’ Rights.
28.
At the international level, a number of non-binding instruments recognize older
persons as a group, such as the Madrid International Plan of Action on Ageing of 2002 and
the Vienna International Plan of Action on Ageing of 1982, as well as the United Nations
Principles for Older Persons, adopted by the General Assembly in its resolution 46/91. In
the latter text, the Assembly encouraged Governments to incorporate the 18 principles into
their national programmes in order to promote the independence, participation, care, selffulfilment and dignity of older persons.
29.
The International Labour Organization has developed a number of recommendations
addressing the situation of older workers, including Invalidity, Old-Age and Survivor’s
Benefits Recommendation No. 131 (1967), Older Workers Recommendation No. 162
(1980) and Termination of Employment Recommendation No. 166 (1982).
30.
A comprehensive overview of existing international instruments relating to the
human rights of older persons can be found in the compilation of the Open-ended Working
Group on Ageing of 11 July 2013, prepared by OHCHR,7 and in the OHCHR analytical
outcome paper on normative standards in international human rights law in relation to older
persons of August 2012.
31.
The lack of a comprehensive and integrated international legal instrument to
promote and protect the rights and dignity of the elderly has significant practical
implications, given that:
7
Available at http://social.un.org/ageing-working-group/documents/fourth/compilation.pdf.
7
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