A/HRC/39/32
treatment, as well as denial of the rights to choose, to vote, to privacy, to take risks, to
receive phone calls or visitors, to practise religion and to express sexual identity. The
concept of violation of rights also encompassed situations of neglect, including lack of
information or misinformation regarding the rights of the older person, failure to assist the
person in exercising their rights, and failure to recognize their capacities. The signs of
violation of rights included preventing the older person from participating in making
choices and decisions that affected his or her life, failure to respect his or her decisions, a
family member answering on behalf of him or her, restricting visits or access to
information, isolation, and complaints, among others.
48.
A wellness approach to preventing mistreatment needed to focus on early detection
and appropriate intervention, bringing together practitioners from various sectors to achieve
a common goal. In addition, it was necessary to encourage and facilitate the reporting of
cases, develop knowledge and improve knowledge transfer, and provide support for
caregivers, including informal caregivers who were often family members. Several good
practices at the national level were aimed at moving from countering abuse and neglect, to
promoting well-being, respect for older persons’ dignity, self-esteem, fulfilment, inclusion
and security of the person. Governments should establish public policies and programmes
that were proactive, that had a specific focus on mistreatment of older persons, and that
were gender-specific, with participation from older adults’ associations, practitioners and
researchers, and with proper evaluation of their implementation.
49.
In the ensuing dialogue, representatives of Bangladesh, Egypt, Maldives and the
Russian Federation, and of AGE Platform Europe, Global Helping to Advance Women and
Children, HelpAge International and Human Rights Watch, took the floor. One delegation
said that respect for traditional family values could contribute to the promotion of and
respect for human rights, and to the creation of a healthy family environment. States had an
obligation to provide effective protection and support to the family. Another speaker
stressed that older persons could make invaluable contributions to economic and social
development, thanks to their knowledge, skills and experience. One delegation noted the
importance of taking into account intergenerational relationships, which had been missing
in the public debate. Some States described their national experience, including specialized
services, social security systems, training to develop skills, legal protection, and the
establishment of institutional bodies.
50.
A representative from an NGO said that ageism was the only form of discrimination
that was still widely accepted, and that it was the root cause of many human rights
violations. Another speaker underlined the need to recognize that sexual violence and rape
occurred within families — especially against widows, who faced social exclusion,
segregation and social isolation. A youth representative recalled that the Human Rights
Council had called upon States to promote opportunities for voluntary, constructive and
regular interaction between generations in the family, in the workplace and in society.
Young people and older persons alike benefited from intergenerational dialogue and
interaction. Many speakers stressed the State responsibility in assuring older persons’
enjoyment of their rights to privacy and a family life, non-discrimination, and freedom from
violence, abuse and neglect in all settings. A dedicated international set of standards that
articulated State obligations was necessary in order to promote an age-friendly
environment.
51.
In response, Mr. Yorgason warned that legislation that imposed compulsory care of
older persons by families could lead to unpleasant situations and would be difficult to
enforce. Regarding intergenerational relationships, research had shown that they were
generally very positive for both grandparents and grandchildren. They should be
encouraged and promoted, though people should be cautious that forcing such relationships
could lead to negative outcomes. Sometimes parents and children did not get along, and
grandchildren could become a healing connection between the other generations. Finally,
he reflected on the difficulties of putting an actual value on elder care.
52.
Ms. Beaulieu made a link between compulsory care and intergenerational solidarity.
It was important to remind generations that they should have solidarity together, through
education, values and shared points of view, however the imposition of family care could
lead to elder abuse in some situations. When designing any policy, it was necessary to
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