A/HRC/27/46
C.
Legislative context
13.
In 2010, the independent expert on the question of human rights and extreme
poverty dedicated her annual report to the role that social protection systems play in
reducing extreme poverty and in contributing to the realization of human rights of older
persons.1
14.
In its resolution 15/22, the Human Rights Council requested the Special Rapporteur
on the right of everyone to the enjoyment of the highest attainable standard of physical and
mental health to prepare a thematic study on the realization of the right to health of older
persons. On the basis of that study, 2 a panel discussion was held by the Council at its
eighteenth session, in September 2011, on the right to health of older persons, focusing on
increasing challenges that older persons face and on an opportunity to identify good
practices and possible measures.
15.
Also in 2011, OHCHR contributed to the report of the Secretary-General submitted
to the General Assembly on the follow-up to the Second World Assembly on Ageing.3 A
questionnaire was sent to States and stakeholders soliciting observations and information on
existing legislation, policies and programmes related to various human rights issues related
to older persons. The report contains an overview of some of the challenges faced by older
persons in the enjoyment of their rights and outlines examples of government responses to
those challenges, including through an illustrative collection of legislation, policies and
programmes. It also underlines four critical human rights issues for older persons:
discrimination; poverty; lack of special measures, services and facilities; and violence and
abuse.
16.
In 2012, in her annual report to the Economic and Social Council, the High
Commissioner focused on the human rights of older persons.4 In the report, she provided an
overview of existing international instruments and the gaps in the international protection
regime, particularly focusing on areas such as age discrimination, legal capacity and equal
recognition before the law, long-term care, violence and abuse, access to productive
resources, work and food, social protection and the right to social security, the right to
health and end-of-life care, disabilities, older persons in prison, and access to justice. The
High Commissioner recommended, inter alia, the creation of a new special procedures
mandate.
17.
Pursuant to Human Rights Council resolution 21/23, OHCHR organized a public
consultation on the promotion and protection of the human rights of older persons in April
2013, in order to receive information and to share good practices on the matter. A summary
report was prepared thereon and submitted to the Human Rights Council at its twentyfourth session. 5 The conclusion reached at the consultation was that, while most
international human rights instruments were applicable to all age groups, including older
persons, a number of human rights issues particularly relevant to older persons had not been
given sufficient attention either in the wording of existing human rights instruments or in
the practice of human rights bodies and mechanisms.
18.
The Human Rights Council subsequently adopted resolution 24/20, in September
2013, thereby establishing the mandate of the Independent Expert.
1
2
3
4
5
See A/HRC/14/31.
A/HRC/18/37.
A/67/188.
E/2012/51.
A/HRC/24/25.
5
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