A/HRC/30/43
spiritual and recreational resources of their societies. Autonomy is referred to in the
Principles in relation to care.
25.
The Madrid International Plan of Action on Ageing recommends, among other
things, taking into account the needs and concerns of older persons in decision-making at
all levels, including their participation in the labour market and in voluntary activities,
access to knowledge, education and literacy, numeracy and technological training, and to
social protection and security.
26.
The Inter-American Convention on Protecting the Human Rights of Older Persons,
which has recently been adopted and is open for ratification, includes, as core principles,
the dignity, independence, proactivity and autonomy of older persons. For the first time,
independence and autonomy are explicitly mentioned as rights per se, in article 7. This
encompasses the right to make decisions, to determine a life plan, to lead an autonomous
and independent life in keeping with traditions and beliefs. Article 11 further specifies the
right to give free and informed consent on health matters.
27.
Other non-binding instruments include the San José Charter on the Rights of Older
Persons in Latin America and the Caribbean, which states in its preamble that the political,
public and social participation of older persons is a fundamental human right, as well as
respect for their autonomy and independence in decision-making. It also refers, in
paragraph 7, to autonomy when addressing the right to free and informed prior consent for
any medical intervention, regardless of age, health or treatment. The principle of autonomy
is also addressed in reference to the need to create and guarantee the social services
necessary to provide care for older persons, taking into account their specific characteristics
and needs, and to promote their independence, autonomy and dignity. In paragraph 10, the
Charter encourages the improvement of living conditions and environment to strengthen the
autonomy and independence of older persons.
28.
In Europe, the Charter of Fundamental Rights of the European Union, in article 25,
calls on member States to recognize and respect the rights of the elderly to lead a life of
dignity and independence and to participate in social and cultural life. In addition, the
European Social Charter, in article 23, stipulates the right of elderly persons to social
protection, enabling them, among other things, to choose their lifestyle freely and to lead
independent lives in their familiar surroundings for as long as they wish and are able, by
means of the provision of housing suited to their needs and state of health or of adequate
support for adapting their housing.
29.
More recently, the Council of Europe, in its recommendation on the promotion of
human rights of older persons, made explicit references to autonomy. In particular, it stated
that older persons are entitled to lead their lives independently, in a self-determined and
autonomous manner. This means, inter alia, taking decisions independently on all issues
that concern them, including in relation to property, income, finance, place of residence,
health, medical treatment or care, and funeral arrangements.
30.
In this regard, autonomy is understood in the Council of Europe recommendation on
the promotion of human rights of older persons as including the right to participate fully in
social, cultural, educational and training activities, as well as in public life; the right to
privacy and family life; legal capacity and the right to receive appropriate support when
making decisions and exercising their legal capacity should they feel the need for it,
including by appointing a trusted third party of their own choice to help with their decisions
and adopt safeguards in order to avoid abuses (see paras. 9-15).
31.
The draft protocol to the African Charter on Human and People’s Rights on the
rights of older persons in Africa uses the term “independence” as a core principle. Article 3
provides that “States parties shall ensure that the principles of independence, dignity, selffulfillment, participation and care of older persons are included in their national laws and
are legally binding as the basis for ensuring their rights”. Article 7, entitled “Right to make
decisions”, contains an implicit reference to autonomy by mentioning that States should
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