A/HRC/33/44
IV. Best practices and gaps in the implementation of existing law
A.
Mandate and methodology
25.
In its resolution 24/20, the Human Rights Council requested the Independent Expert
on the enjoyment of all human rights by older persons to assess the implementation of
existing international instruments with regard to older persons while identifying best
practices in the implementation of existing laws related to the promotion and protection of
the rights of older persons and gaps in the implementation of existing laws.
26.
Pursuant to that request, on 12 November 2015, the Independent Expert sent out a
questionnaire to States and stakeholders to identify and collect best practices and good
practices. As at 2 June 2016, 74 replies had been received, 40 of which had come from
States, 14 from national human rights institutions, 19 from non-governmental organizations
and 1 from an intergovernmental organization. The replies were posted on the OHCHR
website.3
27.
For the purpose of the present report, a best practice was considered to be a
particular method, whole programme or specific intervention that had been successfully
implemented in a country, that prima facie followed a human rights-based approach and
that could inspire other countries. More specifically, the term “practice” is understood to
include legislation, policies, strategies, statutes, national plans, regulatory and institutional
frameworks, data collection, indicators, case law, administrative practices, scientific
research or projects that are currently being implemented. Promising practices, that is, those
that may not have been tested or may not have been in existence for long, but seem to
generate positive results and have significant potential, were also taken into account.
28.
The following summary is based on the information received and cites some of the
practices outlined in the responses for illustrative purposes. The Independent Expert wishes
to note that without in situ visits and a comprehensive review of the situation of older
persons in a given country, it will not be possible to fully appraise all practices shared by
the different stakeholders. She wishes to express her appreciation to those States and other
entities that responded to her questionnaire and thereby contributed to building an
invaluable repository of knowledge and information on the situation of older persons.
B.
Legal, institutional and policy framework
29.
A number of countries have adopted national strategies, action plans or specific
legislation on older persons, which are sometimes comprehensive in nature or geared
towards specific areas such as non-discrimination or the right to health of older persons.
The involvement of older persons in the formulation of such strategies is essential in order
to target the strategy, policy or law to the needs and concerns of older persons. Older
persons can be involved either through the establishment of consultative bodies, which may
consist of members of civil society representing the interests of older persons, or through
comprehensive consultative processes between the Government and older persons, for
example public consultations, working groups or more targeted focus group discussions.
Consulting academics also allows for the incorporation of the results of applied research. A
participatory approach is required to ensure coordination among all levels of government,
such as the national, regional and local levels, and across departments and institutions.
3
GE.16-11742
See www.ohchr.org/EN/Issues/OlderPersons/IE/Pages/GoodPractices.aspx.
7
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