Plan International - Girls' Rights Platform - Girls' rights are human rights: Positioning girls at the heart of the international agenda

[At the outset of a large movement of refugees, receiving States, bearing in mind their national capacities and international legal obligations, in cooperation, as appropriate, with the Office of the United Nations High Commissioner for Refugees, international organizations and other partners and with the support of other States as requested, in conformity with international obligations, would:] Use the registration process to identify specific assistance needs and protection arrangements, where possible, including but not exclusively for refugees with special protection concerns, such as women at risk, children, especially unaccompanied children and children separated from their families, child-headed and single-parent households, victims of trafficking, victims of trauma and survivors of sexual violence, as well as refugees with disabilities and older persons;

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.

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.

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;

The States Parties undertake to: b) ensure the right of elderly women to freedom from violence, including sexual abuse, discrimination based on age and the right to be treated with dignity.

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.

[States Parties recognize that persons with disabilities have the right to the enjoyment of the highest attainable standard of health without discrimination on the basis of disability. States Parties shall take all appropriate measures to ensure access for persons with disabilities to health services that are gender-sensitive, including health-related rehabilitation. In particular, States Parties shall:] (b) Provide those health services needed by persons with disabilities specifically because of their disabilities, including early identification and intervention as appropriate, and services designed to minimize and prevent further disabilities, including among children and older persons;

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;

[2. States Parties recognize the right of persons with disabilities to social protection and to the enjoyment of that right without discrimination on the basis of disability, and shall take appropriate steps to safeguard and promote the realization of this right, including measures:] (b) To ensure access by persons with disabilities, in particular women and girls with disabilities and older persons with disabilities, to social protection programmes and poverty reduction programmes;

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;

[The Special Rapporteur also recommends that States Members of the African Union:] Establish or strengthen the mechanisms promoting the engagement and participation of local authorities, communities, civil society organizations and the private sector in issues relating to internal displacement; community participation should involve those who are most vulnerable; in particular, potentially vulnerable groups, such as women, children, older persons and persons with disabilities, should be fully included in disaster prevention, response planning and implementation to ensure that their specific needs are addressed;

Non-contributory pensions are the only means by which universal pension coverage can be achieved and gender imbalances redressed. However, social pensions must not be regarded as the sole response to old-age poverty. To be effective in the promotion of an adequate standard of living, social pensions can only be one component of a comprehensive social protection strategy that addresses the impact of extreme poverty throughout one person's life cycle and includes measures to ensure older persons access to adequate social services, in particular access to health care.

States parties should ensure that climate change and disaster risk-reduction measures are gender-responsive and sensitive to the needs and vulnerabilities of older women. States parties should also facilitate the participation of older women in decision-making for climate change mitigation and adaptation.

States parties have an obligation to ensure that older women have the opportunity to participate in public and political life, and hold public office at all levels and that older women have the necessary documentation to register to vote and run as candidates for election.

States parties have an obligation to ensure equal opportunity in the field of education for women of all ages, and to ensure that older women have access to adult education and lifelong learning opportunities as well as to the educational information they need for their well-being and that of their families.

States parties should ensure that older women, including those who have the responsibility for the care of children, have access to appropriate social and economic benefits, such as childcare benefits, as well as access to all necessary support when caring for elderly parents or relatives.

States parties have an obligation to repeal all legislation that discriminates against older women in the area of marriage and in the event of its dissolution, including with regard to property and inheritance.

States parties should discourage and prohibit polygamous unions, in accordance with general recommendation No. 21, and ensure that upon the death of a polygamous husband, his estate is shared equally among his wives and their respective children.

[The Special Rapporteur recommends:] Recognizing ageing as a lifelong process, a reality which State policy, legislation and resource allocation should reflect so that health-care services, including diagnostic and prevention services, are available and accessible to a person before becoming old to allow for healthy ageing;

[The Special Rapporteur recommends:] Ensuring that the right to the highest attainable standard of health shapes, and is integrated into, relevant national and international policies concerning ageing and older persons. Health facilities, goods and services should be made available, accessible, affordable and acceptable to older persons, and be of good quality;

[The Special Rapporteur recommends:] Implementing the right-to-health framework to ensure shifting the discourse surrounding older persons from a needs-based perspective to a rights-based approach, which enables greater realization of the right to health of older persons;

States must design social pension schemes progressively to ensure access to social security for all. At the very least, they must provide protection to 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 and have no other source of income.

States must recognize the human right to social security in domestic law. Non-contributory and contributory pension schemes must be guided by international human rights standards for the right to social security.

States parties have an obligation to eliminate discrimination in all its forms against older women in economic and social life. All barriers based on age and gender to accessing agricultural credit and loans should be removed and access to appropriate technology for older women farmers and small landholders should be ensured. States parties should provide special support systems and collateral-free microcredit, as well as encourage micro- entrepreneurship for older women. Recreational facilities for older women should be created and outreach services should be provided to older women who are confined to their homes. States parties should provide affordable and appropriate transportation to enable older women, including those living in rural areas, to participate in economic and social life, including community activities.

[The Special Rapporteur recommends:] Putting in place policies and procedures for reporting, addressing and preventing abuse of older persons;

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.

The traditional reliance of many States on contributory pension systems as the main source of social security in old age has left a significant portion of older persons unprotected. This problem is particularly serious for women as most are not covered by contributory pension schemes although they tend to live longer. Investing in non-contributory pensions can play an important role in empowering older people and contribute to the realization of their human rights, in particular their economic, social and cultural rights.

Human rights standards relating to working conditions require States to ensure just and favourable conditions of work, including safe and healthy working conditions, reasonably limited working hours and paid annual leave. The right to form and join trade union organizations and engage in collective bargaining must be ensured. Workers must have access to a social security system that provides for the broadest possible coverage (such as health care, sickness compensation, old age pensions and compensation for employment-related injuries).

[The Working Group recommends that States:] Provide adequate non-contributory pensions, on an equal basis with men, as a core social and economic right;

States parties have an obligation to ensure that the retirement age in both the public and private sectors do not discriminate against women. Consequently, States parties have an obligation to ensure that pension policies are not discriminatory in any manner, even when women opt to retire early, and that all older women who have been active have access to adequate pensions. States parties should adopt all appropriate measures, including, where necessary, temporary special measures, to guarantee such pensions.