A/HRC/36/48
64.
Assistive products are primarily targeted at high-income markets. To avoid creating
a wider divide and ensure that everyone has equal access to technological development
regardless of their place of residence, North-South collaboration in terms of knowledge
transfer, research and technical and economic assistance is essential. Low-income countries
should be guided in accessing and developing assistive and robotics technology and in
planning their deployment on the ground through market, procurement, service provision
and training policies.
5.
The right to liberty and security
65.
Technology is increasingly used as an alternative to physical or chemical restraint
(i.e. through medication). Setting boundaries for people with cognitive impairments to roam
safely is, for instance, part of dementia care.13 Electronic bracelets and GPS systems are
used as a substitute for locked doors or chemical sedation.
66.
While a number of national laws permit such practices of deprivation of liberty on
the grounds of actual or perceived impairment, notably when the individuals in question are
deemed dangerous to themselves or others, the Committee on the Rights of Persons with
Disabilities established that the right to liberty and security of persons with disabilities is
absolute. According to the Committee, such practices are discriminatory in nature and
amount to arbitrary deprivation of liberty. 14
67.
Rather than restricting their rights, assistive devices should therefore provide older
persons with cognitive impairments the support necessary to enable them to exercise their
rights. Alternatives to deprivation of liberty and restraints for older persons suffering from
dementia may include multi-sensory environments, augmented reality and support escorts. 15
68.
Another central aspect is that the older person should retain control over the use of
technology. If the person prefers not to use technology or feels overly restricted, alternative
measures must be provided.
6.
Participation in social and public life
69.
Participation is a core human rights principle and also a requisite of a human rightsbased approach. The United Nations Principles on Older Persons also recognize that older
persons should participate actively in the formulation and implementation of policies that
directly affect their well-being (principle 7).
70.
As a right, participation has also been enshrined in the core human rights
instruments, notably in the Universal Declaration of Human Rights (art. 21), the
International Covenant on Civil and Political Rights (art. 25) and the International
Covenant on Economic, Social and Cultural Rights (art. 15). Participation and inclusion are
principles that permeate the Convention on the Rights of Persons with Disabilities (art. 3)
and are protected under dedicated articles about public and cultural life (arts. 29-30) and
about implementation and monitoring mechanisms (arts. 4 and 33-35).
71.
Assistive and robotics technology can facilitate older persons’ participation in
decision-making, through online polls and surveys and improved access to information
about social and political developments in their community, help them access voting
stations or enable remote consultation with government bodies. Moreover, they can assist
older persons to take part in leisure activities, and access online shopping and government
13
14
15
Arlene Astell, “Technology and personhood in dementia care”, Quality in Ageing and Older Adults,
vol. 7, No. 1 (2006), pp. 15-25.
Guidelines on article 14 of the Convention on the Rights of Persons with Disabilities: the right to
liberty and security of persons with disabilities.
Jane Tilly and Peter Reed, “Falls, wandering, and physical restraints: a review of interventions for
individuals with dementia in assisted living and nursing homes”, Alzheimer’s Care Today, vol. 9, No.
1 (2008), pp. 45-50; Sherry Markwell, “Long-term restraint reduction: one hospital’s experience with
restraint alternatives”, Journal Nursing Care Quality, vol. 20, No. 3 (2005), pp. 253-260; and Eileen
M. Sullivan-Marx, “Achieving restraint-free care of acutely confused older adults”, Journal of
Gerontological Nursing, vol. 27, No. 4 (2001), pp. 56-61.
13
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