A/HRC/36/48
Plan of Action seems to adopt a medical model to assistive technology, failing to integrate a
comprehensive human rights-based approach that sees support as an obligation based on the
rights to an adequate standard of living and independence, and as a precondition of equal
and full participation in society.
24.
It follows from the above that existing normative and policy frameworks have not
explored the full potential of adequate and appropriate support that may allow older
persons, in particular through assistive and robotics technology, to continue living in the
place of their choice without restriction. There is no mention of the use of assistive
technology in residential settings, and the few references that exist focus on medical
technologies, failing to encompass the full range of devices that can assist older persons to
fully participate in society on an equal basis with others.
C.
Human rights impact
1.
Autonomy and automation
25.
Autonomy is a central element in the discussions about assistive and robotics
technology for older persons (see A/HRC/30/43, para. 66).
26.
Assistive devices and robotics can compensate for physical weaknesses by enabling
older persons to eat, bathe, shop or get out of bed on their own. They can enhance their
capacity to self-manage daily activities, such as shopping or cleaning, without being
dependent on caregivers or family members. Smart living environments, including sensors
and other applications that monitor older persons’ health and behaviour, and help prevent
hazards, can enable them to live independently in their own homes and avoid entering
residential settings. Electronic bracelets, assistance through a global positioning system
(GPS), technology-augmented travel applications and other accessible solutions allow older
persons, including those with cognitive impairments, to travel and move about alone.
Memory and communication applications can support older persons’ cognitive capacity and
by extension their independent living.
27.
Overreliance on technology may by contrast create new forms of segregation and
neglect, abandoning older persons in their private homes, without any links to the
community. Unless communities, services and the built environment are accessible, older
persons will not be able to be truly independent in accordance with article 19 of the
Convention on the Rights of Persons with Disabilities, which recognizes the equal right of
all persons with disabilities to live independently and be included in the community, with
choices equal to others. Independent living must not be understood as absence of support.
Instead, a people-centred approach to independent living is necessary.
28.
Clearly, assistive technology can build on the strengths of persons with dementia
and reduce their dependency on others. If these persons are, however, used to doing certain
things on their own, assistive technology may infantilize the persons concerned and also
take away their choice and control and therefore breach their autonomy. In sum, the
promise of independence should be balanced with other human rights. Solutions must
comprehensively address the human rights of older persons.
29.
Autonomy also extends to the right to refuse a certain form of support, such as a
robot. The right to free and informed consent is enshrined in article 25 of the Convention on
the Rights of Persons with Disabilities. It is required to obtain the specific consent of a
person in advance of every intervention. This requirement needs to be extended to support
older persons through technological means, including robots. Others should not be allowed
to give consent on their behalf. The obligation to obtain consent needs to include a duty to
appropriately consult older persons and to ensure that they are not unduly influenced in
their decision on the use of technology. As technology acceptance may fluctuate over time,
older persons should also be able to change their minds and opt out of technology at any
time. Unless there are viable alternatives, the older person does not, however, have a real
choice. Consent is not merely an administrative requirement. It is an essential element to a
rights-based approach.
7
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