A/HRC/39/32 31. Nena Georgantzi, a human rights officer from AGE Platform Europe, focused on the challenges faced by older persons with regard to the right to self-determination and the right to the exercise of their legal capacity, in the context of care, and the link between those challenges and the role of the family. She affirmed that, due to ageist attitudes, there was a perception of older persons as being unable to make decisions, or else disregard for their will and preferences in all aspects of their lives. Families played a pivotal role in the care and support of many older persons, although not all older persons had families, or lived close to them. Therefore, it was crucial to consider the wide variety of experiences and living circumstances of older persons that did not necessarily take place in the context of the family. 32. Many situations illustrated the importance of increasing awareness of older persons as rights holders. For example, there were repeated cases of lack of informed consent within nursing homes and institutions. A report that monitored care homes in Europe had concluded that forcing older persons into institutions without their consent was a common practice. In some countries, families were encouraged to put older persons under legal guardianship in order to have access to care homes. Regarding control of their finances, even though older persons were entitled to pensions, many were not able to collect them themselves and depended on a relative to do so, which sometimes led to financial abuse. 33. In countries with high rates of unemployment, some families lived on the pensions of older persons, and many older persons had been put in informal care at home because their families could no longer afford the expenses of formal care. Such situations exposed them to risks, such as inadequate care, abuse and limited autonomy. In some cases, there was a potential conflict between what was best for the family and the wishes of the older person. For example, for the sake of safety, families sometimes limited older persons from participating in an active social life. Families were under pressure, especially as States shifted responsibility for caring for older persons to families and individuals and cut down on benefits and services. In most situations, families considered that they were doing what was best for older persons, which in fact could amount to a violation of their right to selfdetermination. 34. She noted the absence of adequate normative standards to prevent such situations. Ageism was a pervasive form of discrimination, with age stereotypes prevailing and going unchallenged, and injustices being overlooked or considered as normal. It entailed a risk of applying human rights in divergent, unfair ways in old age, instead of on an equal basis with others. The Open-ended Working Group on Ageing had warned that, although all human beings were born free and equal, the enjoyment of all human rights diminished with age, owing to negative prejudices and stereotypes. States had a duty to support families that provided informal care, and older persons. It would be important to recognize that older persons were rights holders on an equal basis with others, and to establish clear State obligations through a binding international convention. 35. In the interactive dialogue that followed, representatives of Lebanon, Qatar and the Russian Federation, of the Holy See, and of La manif pour tous, HelpAge International and Human Rights Watch, took the floor. Interventions by States reaffirmed the family as the basic core of a person’s life and of society. Speakers emphasized that a strong family must enjoy support from the State to protect the rights of older persons, including through economic incentives and specific fiscal and job policies. One delegation stressed the need to create an enabling support environment where older persons would become agents of development. One State warned about the need to take into account the social and historical background of each State when designing policies such as long-term support systems. Another delegation pointed out that the migration of young people from some developing countries weakened the role of the traditional family as a support for older persons, putting their rights at risk. Some speakers described their national normative frameworks around the family and its members. 36. NGOs noted that the wishes and choices of older persons did not necessarily align with those of their family members, and that the absence of clear standards on the right to live independently and be included in the community caused risks of violations. Governments had an obligation to protect the rights of older persons on an equal basis with the rights of others in those contexts. Not every older person lived with, or chose to live 9