A/HRC/45/14/Add.1
changes in diet and sleep patterns to support healthy ageing. At the same time, respect for
individual autonomy also means that older persons need to be allowed to deviate from what
is expected of them.
62.
Smart control through recognition technologies, either facial or voice, is a central
feature of smart environments and smart ageing devices. Facial recognition or voice control
can help older persons, who grew up in a pre-digital age, to harness technology and operate
such devices easily. Older persons may also use facial recognition and voice control for
payment applications or other software associated with their property and other rights,
while being unaware of the associated risks of their data being abused.
63.
Technology that collects facial information increasingly permeates the lives of older
persons. Smart mirrors equipped with closed circuit television (CCTV), for instance, gather
data on physiological indicators such as pupil size and skin colour using facial detection
algorithms in order to monitor an older person’s emotional and physiological state and are
used to detect health issues, such as depression or dementia. The fact that facial information
is collected, and the way in which it is obtained and used, can impact the rights of older
persons. It is not only essential to ensure a person’s meaningful free and informed consent,
but also to provide options to opt out. Smart technologies also need to be assessed in terms
of their non-discrimination of older persons, including to detect biased algorithms. Other
challenges such as data protection and individual data sovereignty are also to be addressed.
64.
According to the authorities, facial recognition has also proven quite effective in
public service delivery. For example, some older persons are able to receive their pensions
using facial recognition for personal authentication, without having to present themselves in
person at the social security office. Similar simplifications are in place for the use of public
transportation and many other services. Facial recognition may also be used to trace older
persons who went missing or for use in anti-wandering systems for older persons, including
in institutional settings. It needs to be taken into account that facial recognition algorithms
can only provide probabilities and that consequently, there is a certain margin of error with
potentially severe consequences for the rights of the person concerned.
V. Conclusions and recommendations
A.
Overall strategy and findings
65.
The Independent Expert notes that the impact of an age-related structural
change of the magnitude that China is experiencing has a significant impact on all
segments of society, including challenges for the enjoyment of all human rights by
older persons.
66.
In this regard, it is commendable that the government has various policies
targeting older persons specifically. In the context of the consultations of the
fourteenth five-year plan, the Independent Expert wishes to stress that a dedicated
coherent and comprehensive policy on older persons is crucial to ensuring improved
protection of their rights. She calls on the Government to consider elaborating a
systematic policy that draws on good practices and experiences on implementing
policies and laws for older persons. She also notes the added-value in elaborating a
coherent policy that addresses systematically the specific challenges older persons face
in different contexts, including in rural, urban and peri-urban settings, and takes a
differentiated approach to ensuring equal enjoyment of rights. This would also
contribute towards safeguarding that those persons who are most ostracized can enjoy
all of their human rights.
67.
The Independent Expert notes that the complex legal framework at the central
and local levels demonstrates the importance that the government accords to the cause
of older persons, notably the Law on the Protection of the Rights and Interests of
Older Persons, which regulates various aspects of old age, such as care support, social
protection and social services. There are many other laws, regulations and regulatory
instruments in China that are of relevance for older persons. The Independent Expert
14
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