A/HRC/30/43
ensure that appropriate legislation exists that recognizes the rights of older persons to make
decisions regarding their own well-being without undue interference from family and
affiliated groups, and that older persons have the right to appoint a party of their choice to
carry out their wishes and instructions.
2.
Care
32.
Care, in turn, has been referred to as part of the right to social security, including
social insurance, and the right of everyone to the enjoyment of the highest attainable
standard of physical and mental health. Article 25 (1) of the Universal Declaration of
Human Rights states that everyone has the right to a standard of living adequate for the
health and well-being of himself and of his family, including food, clothing, housing and
medical care and necessary social services, and the right to security in the event of
unemployment, sickness, disability, widowhood, old age or other lack of livelihood in
circumstances beyond his control. Articles 9 and 12 of the International Covenant on
Economic, Social and Cultural Rights refer to social security, including social insurance,
and health care, respectively.
33.
The United Nations Principles for Older Persons dedicate a specific section to the
subject of care. They include references to family, community and institutional care, access
to health care and to social and legal services to enhance the autonomy of older persons.
They also stress that older persons should be able to enjoy their human rights and
fundamental freedoms when residing in any shelter, care or treatment facility, including full
respect for their dignity, beliefs, needs and privacy, and for the right to make decisions
about their care and the quality of their lives. There is no reference to the concept of selfcare.
34.
The Committee on Economic, Social and Cultural Rights interpreted the right to
health in an inclusive manner, extending the concept not only to the provision of timely and
appropriate health care, but also to the underlying determinants of health, such as access to
safe and potable water and adequate sanitation, adequate supply of safe food, nutrition and
housing, healthy occupational and environmental conditions, and access to health-related
education and information, including on sexual and reproductive health.
35.
The Committee underlined the importance of the participation of the population in
all health-related decision-making.2 It also recommended that health policies should range
from prevention and rehabilitation to the care of the terminally ill,3 including periodical
check-ups for both sexes; physical as well as psychological rehabilitative measures aimed
at maintaining the functionality and autonomy of older persons; and attention and care for
chronically and terminally ill persons, sparing them avoidable pain and enabling them to
die with dignity.4
36.
The Committee has further emphasized that the growing number of chronic,
degenerative diseases and the high hospitalization costs involved cannot be dealt with only
by curative treatment. In this regard, States should bear in mind that maintaining health into
old age requires investments during the entire life span, basically through the adoption of
healthy lifestyles. Prevention, through regular checks suited to the needs of the elderly,
plays a decisive role, as does rehabilitation, by maintaining the functional capacities of
elderly persons, with a resulting decrease in the cost of investments in health care and
social services.5
2
3
4
5
General comment No.14, para. 11.
General comment No. 6, paras. 34-35.
General comment No.14, para. 25.
General comment No. 6, para. 35.
7
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