A/HRC/27/46 (a) Existing regulations do not cohere, let alone conceptualize, regulatory principles to guide public action and policies of Governments; (b) General human rights standards do not consider the recognition of thirdgeneration specific rights in favour of elderly adults; (c) It is difficult to clarify the obligations of States with respect to older persons; (d) Procedures for monitoring human rights treaties generally ignore older persons; (e) Current instruments do not make the issues of ageing visible enough, which precludes the education of the population and with it, the effective integration of the elderly. 32. In this sense, there is a difference in the historical treatment of the elderly by the international human rights system in relation to other vulnerable populations. For boys,girls and adolescents, women, indigenous communities and persons with disabilities, the binding instrument have been driven by the international legislator in a vertically descending order; in the case of the elderly, however, it seems that the awareness of the need for international regulation and a regulatory framework base has rather been ascending, from the motivation of the bases or regional human rights systems, which are an entirely new concept in their identity and development. 33. Moreover, as noted by the General Assembly in its resolution 67/139, the efforts of Governments, relevant bodies of the United Nations system and civil society, including non-governmental organizations and the private sector, to enhance cooperation and integration and increase awareness of issues of the elderly since the adoption of the Plans of Action of Vienna (1982) and Madrid (2002) have not been sufficient to promote opportunities for elderly persons or their full and effective participation in economic, social, cultural and political life. IV. Preliminary considerations of the Independent Expert 34. To fulfil the mandate entrusted to her, the Independent Expert has chosen a comprehensive approach to ageing, encompassing work in the international legal and policy areas. As a precondition to assessing implementation gaps and best practices, the Independent Expert contemplates outlining the specific rights of older persons, whereby she relies on the traditional classification of human rights. 35. The civil rights of older persons include the right to equality and non-discrimination on grounds of age, which requires adopting special measures of positive reinforcement to promote awareness. Deriving from the rights to life and to a dignified death is the prohibition of imprisonment for older persons and of death penalty for the elderly. Moreover, the rights to physical, mental and emotional integrity require the implementation of legislative measures to ensure proper treatment for older persons and penalties for physical, psychological and patrimonial abuse and neglect. 36. The right to legal personality and capacity involves the recognition of autonomy; the ability to exercise rights and civil obligations; the need to grant the necessary authorizations to act on their behalf; and to distinguish between decision-making capacity and competence in health, and that only a court order may limit their legal capacity. 37. With regard to elderly women, in addition to the elimination of all forms of discrimination on grounds of age, there is a need to ensure the full recognition of and respect for their rights, including the prevention of all forms of violence, the abolition of widowhood rites and other harmful traditional practices that may affect the integrity of 8

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