A/HRC/18/37
America showed that older persons with limited literacy had a higher risk of death,
compared to those with adequate literacy.17
28.
International human rights law proscribes discrimination and ensures equality on a
number of grounds and for a variety of groups, including older persons. Older persons are
further identified by general comment No. 14 as a group especially vulnerable to violations.
Treaty bodies, including CESCR, have identified older persons as a vulnerable or
marginalized group, one that is potentially more susceptible to discrimination and
violence.18 According to general comment No. 14, it is important to ensure the functionality
and autonomy of older persons (E/C.12/2000/4, para. 25). This implies promotion of
individual choice with respect to models of care, insofar as this is possible.
29.
Older women are often more disadvantaged because they may suffer from a
combination of both gender and age discrimination. Ageing women make up a significant
proportion of the world’s population, with the majority of older women living in developing
countries. A number of life-course events adversely affect the health of women in older age,
including discrimination against infant girls in the provision of food and care, barriers to
education, low incomes and poorer access to decent work, care-giving responsibilities as
mothers and wives, domestic violence (during childhood, adulthood and elder abuse),
widowhood, and cultural traditions and attitudes towards health care. 19 Lower incomes,
disruptions to work due to family responsibilities, and discrimination in access to the labour
force during women’s working life mean that women often have less retirement savings and
are therefore more financially vulnerable in older age.
30.
The right-to-health requires active and informed participation in policy decisions
by those populations that are affected by them (E/CN.4/2006/48, para. 25). Effective
provision of health services can only be assured if the participation of affected populations
is secured by States (E/C.12/2000/4, para. 54). It is notable that the United Nations
Principles for Older Persons encourages the participation of older people in the formulation
and implementation of policies which affect them.
31.
The Special Rapporteur notes the importance of monitoring progress in ensuring
progressive realization of the right to health of older persons using indicators and
benchmarks as part of the right to health framework. General comment No. 14 identifies the
failure of States to monitor the realization of the right to health at the national level, as well
as the resulting insufficient or misallocated expenditure, as examples of violations of the
State’s obligations (E/C.12/2000/4, para. 52).
32.
Accountability is one of the central features of the right to health. It requires
effective, transparent and accessible monitoring and accountability mechanisms.
Accountability requires the incorporation of continuous monitoring into all aspects of policy
development and implementation.20 In the context of the right to health, accountability is the
process that provides individuals and communities with an opportunity to understand how
the government has discharged its right to health obligations, while providing the
government with the opportunity to explain what it has done and why (A/63/263, paras. 817
18
19
20
Sudore et al. “Limited literacy and mortality in the elderly: the health, aging and body composition
study”, Journal of General Internal Medicine, vol. 21, No. 8 (2006).
See E/C.12/2000/4 and E/1996/22. For a more comprehensive list of where age has been recognized as
a vulnerability, see: OHCHR, Human Rights of Older Persons: International Human rights Principles
and Standards: Background Paper Expert Group Meeting (OHCHR, Geneva, 2010).
WHO, Women, ageing and health: a framework for action: focus on gender (Geneva, WHO, 2007).
Accessed at: http://www.who.int/ageing/publications/Women-ageing-health-lowres.pdf
Helen Potts, “Accountability and the right to the highest attainable standard of health”, University of
Essex, 2008, p. 13, and see report of the Special Rapporteur (E/CN.4/2003/58, para. 59).
9
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