Explicit references to older people in human rights law
There are numerous obligations vis a vis older people which are implicit in general human rights law but explicit attention to older people is rare. Specific provisions, when they do occur, are confined to a limited range of rights and are not consistent across either international or regional instruments.
| International Human Rights Framework |
Article |
Provision |
|
Universal Declaration of Human Rights (1948) |
25 |
The right of everyone to security in old age |
|
Convention on the Elimination of All Forms of Discrimination Against Women (1979) |
11.1.e |
The equal right of women to social security, including in old age |
|
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990) |
1.1 and 7 |
Prohibits discrimination based on age |
|
Convention on the Rights of Persons with Disabilities (2008) |
13.1 |
Recognises the need for age-appropriate accommodations to ensure disabled people’s access to justice |
|
16.2 |
Age-sensitive measures to prevent abuse |
|
|
16.4 |
Age-sensitive recovery and rehabilitation |
|
|
23.1.b |
Age-appropriate information on reproductive health |
|
|
25b |
Provide services to minimise and prevent further disabilities among older people |
|
|
28.2.b |
Ensure older people with disabilities’ access to social protection and poverty reduction |
|
|
Regional Human Rights Framework |
|
|
|
American Convention on Human Rights (1969) |
4.5 |
Prohibits capital punishment for people under 18 or over 70 years of age |
|
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights "Protocol San Salvador" (1988) |
9.1 |
The right to social security in old age |
|
17 |
Special protection (facilities, food and medical care for those that cannot provide for themselves, work programmes, establishing social organisations) in old age |
|
|
African Charter on Human and Peoples' Rights (1981) |
18.4 |
Provides older people with the right to special measures of protection in keeping with their physical or moral needs |
|
Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (2003) |
22b |
Provides for special protection for older women (Article 22a) and their right to freedom from violence and abuse |
|
Arab Charter on Human Rights (1997) |
38 |
Provides for outstanding care and special protection for the aged. |
|
Charter of Fundamental Rights of the European Union (2000) |
21.1 |
Prohibits discrimination based on age |
|
25 |
Respects the rights of older people to lead a life of dignity and independence and to participate in social and cultural life |
|
|
34.1 |
Respects entitlement to social security in old age |