A/HRC/18/37
possibility that a patient may be a victim of abuse and be able to manage health-related
interactions, in a way which would make the abused individuals feel comfortable discussing
their particular situation.
53.
Various initiatives have been adopted in the area of domestic violence, particularly
in respect of violence towards women, which could be drawn upon to raise awareness of
abuse of older persons amongst medical professionals and the wider community. In addition
to increased training, procedures need to be put in place for reporting abuses and addressing
the consequences. For example, the 2006 Older Persons Act of South Africa, inter alia,
requires a person who may witness the abuse of an older person, not only physical but also
psychological, sexual, and economic abuse, to report the violation. The Act also establishes
a system in which abusers of older persons are investigated and registered with a view to
prohibiting them from operating or being employed in a residential facility or communitybased care for older persons.
C.
Palliative care
54.
General comment No. 14 states that measures should be taken to ensure attention
and care for those who are chronically and terminally ill, sparing them avoidable pain and
enabling them to die with dignity (E/C.12/2000/4, para. 25). Palliative care is the primary
approach, from a health perspective, of seeking to improve the quality of life of patients
diagnosed with life-threatening illnesses through prevention and relief of suffering.31
55.
Palliative care has grown significantly in the last 30 years and is progressively
implemented within national health systems, although this has been done to varying extents.
The wide range of measures taken in different States shows the growing importance of
ensuring quality of life of older persons towards the end of their lives and providing support
for their families. In some countries palliative care is recognized only in the context of
certain chronic diseases such as cancer. Other States have integrated palliative care into their
national health legislation and plans of action and created institutions which are devoted to
palliative care. Some other countries have placed obligations on health institutions to have
staff qualified in palliative care or have established group of experts on the issue.
56.
Several issues arise with respect to the provision of palliative care to older persons,
one of which concerns availability of palliative care and in particular, medicines utilized in
such care. Moderate to severe pain is a common by-product of illnesses requiring palliative
care, for which opioid-based analgesics are commonly prescribed. 32 State parties to the
International Covenant on Economic, Social and Cultural Rights are required, as a core
obligation under the Covenant, to ensure provision of essential drugs as defined under the
WHO Action Programme on Essential Drugs. Despite this and the fact that oral morphine
and other narcotic preparations are inexpensive and should not be difficult to obtain, the
availability of such medications used in palliative care is often limited. That is due to a
number of factors, such as restrictive drug regulations, failure to implement a properly
functioning supply and distribution system, and inadequate health-care system capacity.
Particularly concerning is the complex international narcotic control framework that
severely inhibits access to medicines regulated under the framework. 33 Even when such
medications are available, there often remains a lack of understanding of palliative care and
31
32
33
14
WHO, WHO Definition of Palliative Care (Geneva, 2010). Available from
www.who.int/cancer/palliative/definition/en/
WHO, Pain Relief Ladder (Geneva, 2010). Available from
www.who.int/cancer/palliative/painladder/en/ .
See A/65/255, Section V: “Access to controlled medicines”.
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