A/HRC/30/43 Study and statistics 96. States should ensure, nationwide, systemic and regular collection of disaggregated statistical data, and carry out studies to assess the situation and needs of older persons and develop targeted policies for older persons. Data must be used sensibly to avoid stigmatization and potential misuse. Particular care should be exercised when collecting and analysing data in order to respect and enforce data protection and privacy. Older persons, including the very old and those in institutionalized care settings, should systematically be included in surveys and official statistics, in order to ensure a better differentiation for age and to better reflect the broad heterogeneity of older persons. 97. States should constantly conduct researches and studies and collect age- and gender-disaggregated data on abuse and violence against older persons in and outside care settings in order to assess the current situation and take appropriate measures to tackle elder abuse. Discrimination, abuse and violence 98. There is a need for national anti-discrimination strategies addressing discrimination in a coherent and multifaceted way. States should, through legislation, prohibit direct or indirect discrimination against older persons, including in the financial and insurance services sectors, as well as in care settings. Legal capacity and equal recognition before the law 99. The Independent Expert emphasizes that supported decision-making for persons with intellectual or psychosocial disabilities, including older persons, is essential for the respect of the autonomy of older persons and their individual rights, in their own capacity to give and withdraw informed consent for medical treatment, to access justice, to vote, to marry, to work and to choose their place of residence. Judges should be guided by the objective of ensuring that older persons can lead a selfdetermined and autonomous life for as long as possible. 100. Older persons must be provided with guarantees to ensure that their preferences, their will and their best interests are taken into consideration in all matters relevant to their life, including treatment, residence or assets. Conflict of interest and undue influence should be regulated, especially in reference to family members and caregivers. 101. Safeguards to free and informed consent should be adopted through legislation, policies and administrative procedures in conformity with international and regional standards. Particular attention should be given to illiterate older persons or persons with less formal education. Adequate standard of living and social protection 102. States must recognize the human right to social security in domestic law. Noncontributory and contributory pension schemes must be guided by international human rights standards for the right to social security. 103. States should put in place social-protection and poverty-reduction programmes, particularly designed for older persons, including those with disabilities. Human rights principles and standards should be integrated throughout the design, implementation and evaluation of social pensions, thereby ensuring that older persons fully enjoy their human rights. 104. The Independent Expert recalls that the right to social security includes both contributory and non-contributory benefits and benefits both in cash and in kind, and that benefits should be adequate in amount and duration and accessible to all without 17

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents