A/HRC/27/46
(a) Existing regulations do not cohere, let alone conceptualize, regulatory principles
to guide public action and policies of Governments;
(b) General human rights standards do not consider the recognition of thirdgeneration specific rights in favour of elderly adults;
(c) It is difficult to clarify the obligations of States with respect to older persons;
(d) Procedures for monitoring human rights treaties generally ignore older persons;
(e) Current instruments do not make the issues of ageing visible enough, which
precludes the education of the population and with it, the effective integration of the
elderly.
32.
In this sense, there is a difference in the historical treatment of the elderly by the
international human rights system in relation to other vulnerable populations. For boys,girls
and adolescents, women, indigenous communities and persons with disabilities, the binding
instrument have been driven by the international legislator in a vertically descending order;
in the case of the elderly, however, it seems that the awareness of the need for international
regulation and a regulatory framework base has rather been ascending, from the motivation
of the bases or regional human rights systems, which are an entirely new concept in their
identity and development.
33.
Moreover, as noted by the General Assembly in its resolution 67/139, the efforts of
Governments, relevant bodies of the United Nations system and civil society, including
non-governmental organizations and the private sector, to enhance cooperation and
integration and increase awareness of issues of the elderly since the adoption of the Plans of
Action of Vienna (1982) and Madrid (2002) have not been sufficient to promote
opportunities for elderly persons or their full and effective participation in economic, social,
cultural and political life.
IV. Preliminary considerations of the Independent Expert
34.
To fulfil the mandate entrusted to her, the Independent Expert has chosen a
comprehensive approach to ageing, encompassing work in the international legal and policy
areas. As a precondition to assessing implementation gaps and best practices, the
Independent Expert contemplates outlining the specific rights of older persons, whereby she
relies on the traditional classification of human rights.
35.
The civil rights of older persons include the right to equality and non-discrimination
on grounds of age, which requires adopting special measures of positive reinforcement to
promote awareness. Deriving from the rights to life and to a dignified death is the
prohibition of imprisonment for older persons and of death penalty for the elderly.
Moreover, the rights to physical, mental and emotional integrity require the implementation
of legislative measures to ensure proper treatment for older persons and penalties for
physical, psychological and patrimonial abuse and neglect.
36.
The right to legal personality and capacity involves the recognition of autonomy; the
ability to exercise rights and civil obligations; the need to grant the necessary authorizations
to act on their behalf; and to distinguish between decision-making capacity and competence
in health, and that only a court order may limit their legal capacity.
37.
With regard to elderly women, in addition to the elimination of all forms of
discrimination on grounds of age, there is a need to ensure the full recognition of and
respect for their rights, including the prevention of all forms of violence, the abolition of
widowhood rites and other harmful traditional practices that may affect the integrity of
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