A/HRC/27/46
D.
Global context
19.
In 2002, the Second World Assembly on Ageing adopted the Madrid International
Plan of Action on Ageing to respond to the opportunities and challenges of population
ageing in the twenty-first century. The Plan of Action was preceded by the Vienna
International Plan of Action on Ageing, which was adopted at the First World Assembly on
Ageing, held in Vienna in 1982 and which was subsequently endorsed by the General
Assembly.
20.
The Madrid International Plan of Action on Ageing requires States to take measures
to address ageing in order to achieve a society for all ages. It also calls for the
mainstreaming of ageing into national and global development agendas, and contains
recommendations for action focused on three priority areas, namely development, health
and well-being, and enabling and supportive environments, which are divided into specific
issues, objectives and actions.
21.
The Independent Expert has been mandated to assess the human rights implications
of its implementation. In this context, she notes that the Secretary-General, in his report on
further Implementation of the Madrid International Plan of Action on Ageing, outlined
impediments to its implementation, including the lack of financial and human resources,
lack of political focus and will, and differing national and regional perceptions of old age
issues, which translate into different policy approaches, as well as emerging views and
approaches.6
22.
In its resolution 65/182 on the follow-up to the Second World Assembly on Ageing,
the General Assembly established the Open-ended Working Group on Ageing for the
purpose of strengthening the protection of the human rights of older persons by considering
the existing international framework of the human rights of older persons and identifying
possible gaps and how best to address them, including by considering, as appropriate, the
feasibility of further instruments and measures.
23.
As mentioned above, the Independent Expert will work in close coordination with
the Open-ended Working Group, while avoiding unnecessary duplication. In this regard, it
is important to note the difference in the mandates of the Independent Expert and the Openended Working Group. While the latter is mandated to consider the existing international
framework of the human rights of older persons to identify possible gaps and to assess how
best to address them, including by considering, as appropriate, the feasibility of further
instruments and measures, the Independent Expert is entrusted to assess the implementation
of the existing law and to identify best practices and gaps. The comprehensive report that
the Independent Expert has been requested to prepare for the Human Rights Council at its
thirty-third session will be brought to the attention of the Working Group, in accordance
with Council resolution 24/20.
E.
International standards and initiatives
24.
At the international level, there are policies, standards and mechanisms aimed at
protecting and promoting the rights of older persons, either in the form of generic or
specific provisions, especially in the field of international labour law, as well as
international and human rights law. This leads to a context of regulatory dispersion (rather
than “legal gap” or “lack of regulation”), whereby the rights of older persons lack
systematic protection.
6
6
E/CN.5/2014/4.
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