A/HRC/18/37
and Cultural Rights, which provides the cornerstone protection of the right to health in
international law.
20.
Internationally recognized human rights standards and principles as contained in
core international human rights treaties cover and protect older persons. Despite this tacit
protection, it has increasingly been argued that there is a gap in the international human
rights system because there is currently no specific universal human rights instrument on the
rights of older persons. Specific provisions focusing on older persons, such as those which
exist for some other categories of vulnerable persons such as women, children, persons with
disabilities, and migrant workers, are also lacking.12
21.
Nonetheless, different human rights treaty monitoring bodies have interpreted and
applied existing norms to older persons as a group, recognizing their vulnerability to
discrimination and exclusion. In 1995, the Committee on Economic, Social and Cultural
Rights (CESCR) adopted general comment No. 6, which offers a detailed interpretation of
the specific obligations of State parties regarding each of the rights contained in the
International Covenant on Economic, Social and Cultural Rights, as they apply to older
persons.13 In 2010, the Committee on the Elimination of Discrimination against Women
adopted general recommendation No. 27 on older women and the protection of their human
rights.14 General comment No. 14 of CESCR elaborates on substantive issues arising from
the implementation of the right to health and addresses particular issues related to older
persons, including “preventive, curative and rehabilitative health treatment…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”.15
22.
In addition, there are non-binding United Nations instruments and international
documents on ageing and older persons, such as the 1982 Vienna International Plan of
Action on Ageing, the 1991 United Nations Principles for Older Persons, the 1992 Global
targets on ageing for the year, and the 1992 Proclamation on Ageing. The most recent of
these is the Political Declaration and the Madrid International Plan of Action on Ageing
adopted at the Second World Assembly on Ageing in April 2002, and endorsed by the
General Assembly in resolution 57/167 of 18 December 2002. The Political Declaration
reaffirms the global commitment to promote and protect human rights and to eliminate agediscrimination, neglect, abuse and violence (art. 5). It further makes reference to the right to
health (art. 14), the opportunity to work and the continuing access to education and training
programmes (art. 12). It has guided the development of legislation and policies at the
national level and provided a framework for international cooperation, which resulted in,
among other things, the establishment of the Open-Ended Working Group on the Human
Rights of Older Persons in 2010, pursuant to General Assembly resolution 65/182.
23.
General comment No.14 describes legal obligations of States. The three primary
obligations are to respect, protect and fulfil the right to health. The obligation to respect
refers to the States’ duty to refrain from interfering directly or indirectly with the right to
health. In many cases, older persons are the object of State policies which may infringe
12
“Human Rights of Older Persons: International human rights principles and standards”, OHCHR
Background Paper for Expert Group Meeting on 25-26 May 2010, p. 3, available on
http://www.ohchr.org/Documents/Issues/OlderPersons/OHCHRPaperHROlderPersons30062010.pdf
13
See Committee on Economic, Social and Cultural Rights, general comment No. 6, “The economic,
social and cultural rights of older persons” ( E/1996/22, 8 December 1995).
14
See Committee on the Elimination of Discrimination against Women, General Recommendation No.
27,“Older women and protection of their human rights” (CEDAW/C/GC/27, 16 December 2010).
15
Committee on Economic, Social and Cultural Rights, general comment No. 14, “The right to the
highest attainable standard of health” (E/C.12/2000/4, para. 25, 11 August 2000,).
7
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