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European Social Charter (Revised) 1996, para. undefined
- Paragraph text
- With a view to ensuring the effective exercise of the right of elderly persons to social protection, the Parties undertake to adopt or encourage, either directly or in co-operation with public or private organisations, appropriate measures designed in particular: – to enable elderly persons to remain full members of society for as long as possible, by means of: a. adequate resources enabling them to lead a decent life and play an active part in public, social and cultural life; b. provision of information about services and facilities available for elderly persons and their opportunities to make use of them; – to enable elderly persons to choose their life-style freely and to lead independent lives in their familiar surroundings for as long as they wish and are able, by means of: a. provision of housing suited to their needs and their state of health or of adequate support for adapting their housing; b. the health care and the services necessitated by their state; – to guarantee elderly persons living in institutions appropriate support, while respecting their privacy, and participation in decisions concerning living conditions in the institution.
- Legal status
- Legally binding
- Body
- Council of Europe
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 1996
Paragraph
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights “Protocol of San Salvador” 1988, para. c
- Paragraph text
- Everyone has the right to special protection in old age. With this in view the States Parties agree to take progressively the necessary steps to make this right a reality and, particularly, to: c. Foster the establishment of social organizations aimed at improving the quality of life for the elderly.
- Legal status
- Legally binding
- Body
- Organization of American States
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 1988
Paragraph
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights “Protocol of San Salvador” 1988, para. 1
- Paragraph text
- 1. Everyone shall have the right to social security protecting him from the consequences of old age and of disability which prevents him, physically or mentally, from securing the means for a dignified and decent existence. In the event of the death of a beneficiary, social security benefits shall be applied to his dependents.
- Legal status
- Legally binding
- Body
- Organization of American States
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 1988
Paragraph
Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa 2003, para. a
- Paragraph text
- The States Parties undertake to: a) provide protection to elderly women and take specific measures commensurate with their physical, economic and social needs as well as their access to employment and professional training;
- Legal status
- Legally binding
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Women
- Year
- 2003
Paragraph
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights “Protocol of San Salvador” 1988, para. b
- Paragraph text
- Everyone has the right to special protection in old age. With this in view the States Parties agree to take progressively the necessary steps to make this right a reality and, particularly, to: b. Undertake work programs specifically designed to give the elderly the opportunity to engage in a productive activity suited to their abilities and consistent with their vocations or desires;
- Legal status
- Legally binding
- Body
- Organization of American States
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 1988
Paragraph
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights “Protocol of San Salvador” 1988, para. a
- Paragraph text
- Everyone has the right to special protection in old age. With this in view the States Parties agree to take progressively the necessary steps to make this right a reality and, particularly, to: a. Provide suitable facilities, as well as food and specialized medical care, for elderly individuals who lack them and are unable to provide them for themselves;
- Legal status
- Legally binding
- Body
- Organization of American States
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 1988
Paragraph
European Social Charter (Revised) 1996, para. 23
- Paragraph text
- The Parties accept as the aim of their policy, to be pursued by all appropriate means both national and international in character, the attainment of conditions in which the following rights and principles may be effectively realised: 23. Every elderly person has the right to social protection.
- Legal status
- Legally binding
- Body
- Council of Europe
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 1996
Paragraph
Women’s economic empowerment in the changing world of work 2017, para. 40 (t)
- Paragraph text
- Optimize fiscal expenditures for gender-responsive social protection and care infrastructure, such as equitable, quality, accessible and affordable early childhood education, childcare, elder care, health-care, and care and social services for persons with disabilities and persons living with HIV and AIDS, which meet the needs of both caregivers and those in need of care, bearing in mind that social protection policies also play a critical role in reducing poverty and inequality and supporting inclusive growth and gender equality;
- Legal status
- Negotiated soft law
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Children
- Older persons
- Persons with disabilities
- Women
- Year
- 2017
Paragraph
Assessment of the status of implementation of the Programme of Action of the International Conference on Population and Development 2014, para. 23
- Paragraph text
- Encourages Governments to ensure that the social integration of older persons and the promotion and protection of their rights form an integral part of development policies at all levels;
- Legal status
- Negotiated soft law
- Body
- Commission on Population and Development
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2014
Paragraph
Women’s economic empowerment in the changing world of work 2017, para. 40 (cc)
- Paragraph text
- Promote the entry and re-entry into, and advancement in, labour markets of all women, including through policies and programmes aimed at the elimination of structural barriers and stereotypes that young women face in the transition from school to work and also to address the challenges faced by women returning from care-related career breaks and by older women, by providing access to technical and vocational skills training, entrepreneurship development, job-matching and career guidance, including towards high-wage and high-growth occupations;
- Legal status
- Negotiated soft law
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Gender
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Women
- Youth
- Year
- 2017
Paragraph
The economic, social and cultural rights of older persons 1995, para. 14
- Paragraph text
- By the end of its thirteenth session, the Committee and its predecessor, the Sessional Working Group of Governmental Experts, had examined 153 initial reports, 71 second periodic reports and 25 global reports on articles 1 to 15 of the Covenant. This work made it possible to identify many of the problems that may be encountered in implementing the Covenant in a considerable number of States parties representing all the regions of the world and having different political, socio-economic and cultural systems. The reports examined to date have not provided any information in a systematic way on the situation of older persons as regards compliance with the Covenant, apart from information, of varying completeness, on the implementation of article 9 relating to the right to social security.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 1995
Paragraph
The economic, social and cultural rights of older persons 1995, para. 33
- Paragraph text
- Recommendations 19 to 24 of the International Plan of Action on Ageing emphasize that housing for the elderly must be viewed as more than mere shelter and that, in addition to the physical, it has psychological and social significance which should be taken into account. Accordingly, national policies should help elderly persons to continue to live in their own homes as long as possible, through the restoration, development and improvement of homes and their adaptation to the ability of those persons to gain access to and use them (recommendation 19). Recommendation 20 stresses the need for urban rebuilding and development planning and law to pay special attention to the problems of the ageing, assisting in securing their social integration. Recommendation 22 draws attention to the need to take account of the functional capacity of the elderly in order to provide them with a better living environment and facilitate mobility and communication through the provision of adequate means of transport.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 1995
Paragraph
The economic, social and cultural rights of older persons 1995, para. 9
- Paragraph text
- The terminology used to describe older persons varies considerably, even in international documents. It includes: "older persons", "the aged", "the elderly", "the third age", "the ageing" and, to denote persons more than 80 years of age, "the fourth age". The Committee has opted for "older persons" (in French, personnes âgées; in Spanish, personas mayores), the term employed in General Assembly resolutions 47/5 and 48/98. According to the practice in the United Nations statistical services, these terms cover persons aged 60 and above. (The statistical service of the European Union, Eurostat, considers "older persons" to mean persons aged 65 or above, since 65 is the most common age of retirement and the trend is towards later retirement still.)
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 1995
Paragraph
The economic, social and cultural rights of older persons 1995, para. 10
- Paragraph text
- The International Covenant on Economic, Social and Cultural Rights does not contain any explicit reference to the rights of older persons, although article 9, dealing with "the right of everyone to social security, including social insurance", implicitly recognizes the right to old-age benefits. Nevertheless, in view of the fact that the Covenant's provisions apply fully to all members of society, it is clear that older persons are entitled to enjoy the full range of rights recognized in the Covenant. This approach is also fully reflected in the International Plan of Action on Ageing. Moreover, in so far as respect for the rights of older persons requires special measures to be taken, States parties are required by the Covenant to do so to the maximum of their available resources.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 1995
Paragraph
The economic, social and cultural rights of older persons 1995, para. 13
- Paragraph text
- Accordingly, the Committee on Economic, Social and Cultural Rights is of the view that States parties to the Covenant are obligated to pay particular attention to promoting and protecting the economic, social and cultural rights of older persons. The Committee's own role in this regard is rendered all the more important by the fact that, unlike the case of other population groups such as women and children, no comprehensive international convention yet exists in relation to the rights of older persons and no binding supervisory arrangements attach to the various sets of United Nations principles in this area.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Older persons
- Women
- Year
- 1995
Paragraph
The economic, social and cultural rights of older persons 1995, para. 20
- Paragraph text
- In accordance with article 3 of the Covenant, by which States parties undertake "to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights", the Committee considers that States parties should pay particular attention to older women who, because they have spent all or part of their lives caring for their families without engaging in a remunerated activity entitling them to an old-age pension, and who are also not entitled to a widow's pension, are often in critical situations.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Women
- Year
- 1995
Paragraph
The right to social security (Art. 9) 2007, para. 15
- Paragraph text
- States parties should take appropriate measures to establish social security schemes that provide benefits to older persons, starting at a specific age, to be prescribed by national law. The Committee stresses that States parties should establish a retirement age that is appropriate to national circumstances which take account of, inter alia, the nature of the occupation, in particular work in hazardous occupations and the working ability of older persons. States parties should, within the limits of available resources, provide non-contributory old-age benefits, social services and other assistance for all older persons who, when reaching the retirement age prescribed in national legislation, have not completed a qualifying period of contributions or are not otherwise entitled to an old-age insurance-based pension or other social security benefit or assistance, and have no other source of income.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2007
Paragraph
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 29
- Paragraph text
- The Committee therefore urges States parties to take account of the recommendations contained in the United Nations Principles for Older Persons, and in particular of principle 7, that older persons should remain integrated in society, participate actively in the formulation and implementation of policies that directly affect their well being and share their knowledge and skills with younger generations; and principle 16, that older persons should have access to the educational, cultural, spiritual and recreational resources of society.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Youth
- Year
- 2009
Paragraph
Women and girls with disabilities 2016, para. 55
- Paragraph text
- The right of women with disabilities to choose their place of residence may be adversely affected by cultural norms and patriarchal family values that limit autonomy and oblige them to live in a particular living arrangement. Thus, multiple discrimination can prevent the full and equal enjoyment of the right to live independently in the community. In the case of older persons with disabilities, age and impairment, separately or jointly, can increase their risk of institutionalization . In addition, it has been widely documented that institutionalization may expose persons with disabilities to violence and abuse, with women with disabilities particularly exposed .
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Girls
- Older persons
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Social protection and old age poverty 2010, para. 72
- Paragraph text
- The principle of equality and non-discrimination also requires States to ensure that social pensions are physically and culturally accessible to all older people.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 39
- Paragraph text
- In 1995, the Committee on Economic, Social and Cultural Rights adopted a general comment on the rights of older persons, in which it stressed that States needed to adapt their social and economic policies to respond to the needs of ageing populations and should give more consideration to older persons in their human rights monitoring and reporting. The general comment also sheds light on the relationship between the provisions of the International Covenant on Economic, Social and Cultural Rights, the Vienna International Plan of Action and the United Nations Principles for Older Persons, clearly indicating that both binding and non-binding commitments are linked.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
Paragraph
Extreme inequality and human rights 2015, para. 30
- Paragraph text
- Studies have demonstrated the negative effect of income inequality upon the right to education. A 2014 study published by OECD showed that "increased income disparities depress skills development among individuals with poorer parental education background, both in terms of the quantity of education attained (e.g. years of schooling), and in terms of its quality (i.e. skill proficiency)" and that "higher inequality lowers the opportunities of education (and social mobility) of disadvantaged individuals in the society, an effect that dominates the potentially positive impacts through incentives". Another study showed that the youngest children in Ecuador, irrespective of wealth quintile or education of their parents, performed broadly as well as their comparators, but that, as they got older, only those children in the top half of the wealth distribution and with highly educated parents maintained their performance relative to their comparators.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Education
- Social & Cultural Rights
- Person(s) affected
- Children
- Older persons
- Year
- 2015
Paragraph
Different levels and types of services and the human rights to water and sanitation 2015, para. 53
- Paragraph text
- Sanitation shared between a few households, where all residents know each other and maintenance and cleaning is shared, is a common form of access in many countries, particularly in sub-Saharan Africa. This form of access can contribute to the realization of the human rights to water and sanitation, where the construction and maintenance of the toilet or latrine is adequate, and where everyone within the households has access to the toilet or latrine, regardless of their age, physical ability or status within the household. There may be particular concerns for persons with disabilities, children, older persons, people with a chronic illness (which may be stigmatized, such as HIV), renters or those who do not belong to the main household. In some cultures, menstruating women are not allowed to use a latrine shared by other people, and this problem may be compounded when the latrine is shared by several households (see A/67/270, para. 73).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Children
- Older persons
- Persons with disabilities
- Women
- Year
- 2015
Paragraph
The economic, social and cultural rights of older persons 1995, para. 27
- Paragraph text
- In accordance with article 9 of the Covenant and the provisions concerning implementation of the ILO social security conventions - Convention No. 102 (1952) concerning Social Security (Minimum Standards) and Convention No. 128 (1967) concerning Invalidity, Old-Age and Survivors' Benefits - States parties must take appropriate measures to establish general regimes of compulsory old-age insurance, starting at a particular age, to be prescribed by national law.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 1995
Paragraph
Older women and protection of their human rights 2010, para. 26
- Paragraph text
- Under some statutory and customary laws, women do not have the right to inherit and administer marital property on the death of their spouse. Some legal systems justify this by providing widows with other means of economic security, such as support payments from the deceased's estate. However, in reality, such provisions are seldom enforced, and widows are often left destitute. Some laws particularly discriminate against older widows, and some widows are victims of "property grabbing."
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Women
- Year
- 2010
Paragraph
Older women and protection of their human rights 2010, para. 8
- Paragraph text
- Older women are not a homogeneous group. They have a great diversity of experience, knowledge, ability and skills, however, their economic and social situation is dependent on a range of demographic, political, environmental, cultural, social, individual and family factors. The contribution of older women in public and private life as leaders in their communities, entrepreneurs, caregivers, advisers, mediators, among other roles, is invaluable.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Women
- Year
- 2010
Paragraph
Rights of linguistic minorities 2013, para. 81
- Paragraph text
- Minority communities are not homogenous and it is important to understand the challenges facing those, including women, children and the elderly, whose needs, perceptions and expectations may vary. Older people, who may be first-generation immigrants, may have stronger linguistic and cultural ties than young people who have been brought up and educated in their country of residence. They may face greater challenges in learning and adapting to the national language and require culturally sensitive, affordable and accessible assistance.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Older persons
- Persons on the move
- Women
- Youth
- Year
- 2013
Paragraph
Social protection and old age poverty 2010, para. 16
- Paragraph text
- As people grow older, they tend to be progressively excluded from the formal and informal work markets by employers who prioritize a younger workforce. At the same time, they are often not protected by social security systems (addressed below). Without access to work or income, the poorest tend to depend on others for their survival or have to seek less secure sources of income (often begging or undertaking menial work). Research indicates that the older persons who manage to enter and remain in the workforce occupy less attractive jobs, with lower pay than people of prime age.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 29
- Paragraph text
- Traditionally, States have privileged the establishment of contributory pension systems with the objective of achieving universal coverage once the formal sector expanded. Today, with a vast number of workers in the informal sector, this approach must be re-examined. Contributory systems have left the majority of the population unprotected when they reach old age. Estimates indicate that less than 20 per cent of older persons are covered by pensions today and only about 25 per cent of the labour force is currently contributing or accruing pension rights.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
Paragraph
Violence against women with disabilities 2012, para. 92
- Paragraph text
- The 1948 American Declaration of the Rights and Duties of Man and the 1969 American Convention on Human Rights are the relevant instruments for the Americas. The Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights of 1988 focuses on the obligation of States to promote social, economic, and cultural human rights. It includes the right to social security, as a protection from the consequences of old age and of disability, which prevents a person from securing the means for a dignified and decent existence.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2012
Paragraph