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
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