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

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.

Younger children are at high risk of violence, especially when they are placed in residential care. They are heavily dependent on caregivers for their development and well-being, and when neglected, injured or abused, they have less ability to speak up and seek support. If they are surrounded by violence and stress, they can suffer long-lasting emotional trauma and harm to their health, including irreversible damage to brain development.

Younger children are particularly concerned about risks related to the online content they may encounter. As they get older, they become more concerned by contact and conduct risks linked to the use of social networking sites. Adolescents may face unusually high risks of exposure to harmful material and cyberbullying. A considerable proportion of the victims of online sexual abuse are children under the age of 12.

Older children are equally active, using ICTs to prepare schoolwork, search for information, socialize with friends, play games, watch the news and video clips online, and to communicate, including through e-mail and instant messaging.

Violence against women is too often discussed in a theoretical vacuum that focuses only on interpersonal and structural inequalities between men and women, thereby excluding analysis on intra-gender inequalities. It is important to recognize the obstacles faced by women who experience multiple and intersecting forms of discrimination, for example women with disabilities, women who belong to ethnic or cultural minorities, women who live in poverty, women who live in rural areas, women who lack citizenship status and older women, among others. This increases the risk that some women will experience targeted, compounded or structural discrimination, in addition to gender-based violence (A/HRC/17/26, para. 17).

Goal 11, to make cities and human settlements inclusive, safe, resilient and sustainable, and target 11.2, to provide access to safe, affordable, accessible and sustainable transport systems for all, improving road safety, notably by expanding public transport, with special attention to the needs of those in vulnerable situations, women, children, persons with disabilities and older persons, and target 11.7, to provide universal access to safe, inclusive and accessible, green and public spaces, in particular for women and children, older persons and persons with disabilities, are also directly relevant.

In general recommendation No. 24, the Committee on the Elimination of Discrimination against Women also discusses issues of concern to women with disabilities. The Committee recognizes that societal factors may be determinative of health status and that special attention should be given to the health needs and rights of women with disabilities, among other vulnerable groups. General recommendation No. 27 pertains to the protection of the human rights of older women and addresses women with disabilities by discussing the double discrimination and gender stereotyping older women with disabilities face, especially in regard to their access to education, health-care services, legal services and their increased susceptibility to violence. General recommendation No. 28 focuses on the core obligations of States parties under article 2 and discusses the enhanced vulnerability for discrimination that women with disabilities face in civil and penal laws, regulations and customary laws and practice. The Declaration on the Elimination of Violence against Women 1993 (see General Assembly resolution 48/104) also makes reference to violence and women with disabilities.

Older women experience disability more frequently as they age, and older women with disabilities are at particularly high risk of violence. Older women face multiple forms of discrimination, with gender, disability and age compounded by other forms of discrimination. General recommendation No. 27 of the Committee on the Elimination of Discrimination against Women, on older women and protection of their human rights, recognizes that, inter alia, gender stereotyping and traditional and customary practices can have harmful impacts on all areas of the lives of older women, in particular those with disabilities, and can result in physical violence as well as psychological, verbal and financial abuse.

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.

In 1989, the Committee on the Elimination of Discrimination against Women explicitly linked gender-based violence and discrimination against women in its general recommendation No. 12 and called on States parties to include in their reports information on violence and on measures introduced to deal with it. Between 1989 and 1992, the Committee issued a series of general recommendations that addressed some rights violations experienced at the intersection of inter- and intra-gender sex discrimination and violence against women. In 1992 it issued general recommendation No. 19 both to define gender-based violence and to make it discrimination on the grounds of sex within the meaning of the Convention. Much of what is set forth in general recommendation No. 19 is reiterated and refined in the Declaration on the Elimination of Violence against Women. CEDAW has also addressed the impact of intersecting forms of discrimination against women and its nexus with gender-based violence. Most recently, in general recommendation No. 27, which deals with the rights of older women, it recognizes that age and sex make older women vulnerable to violence, and that age, sex and disability make older women with disabilities particularly vulnerable.

Migrant workers have also made important advances in addressing discrimination in economic and social contexts, such as discrimination based on citizenship or immigration status, including "undocumented" status. Migrant domestic workers, migrant construction workers (for example, those working in extractive industries or large-scale infrastructure projects), children, older migrants and migrants in irregular situations are the most vulnerable, often lacking administrative or judicial remedies for their housing claims. Migrant workers and the members of their families frequently face housing conditions characterized by overcrowding, irregular or unregulated rental markets, high exposure to arbitrary changes in the cost of rent or essential services, and substandard living conditions, and can be subject to abuse, in particular when they are undocumented.

Persons with disabilities living in poverty in cities commonly live in informal settlements or homeless encampments. The Special Rapporteur has been shocked by the deplorable conditions endured by persons with disabilities in those contexts. Many, including young children and older persons, are left to languish in isolation, sometimes in dark rooms without electricity, hidden from view at the back of the home, without access to community centres, social opportunities or health clinics.

Detention can be particularly damaging to vulnerable categories of migrants, including victims of torture, unaccompanied older persons, persons with a mental or physical disability, and persons living with HIV/AIDS. The UNHCR guidelines provide that, given the very negative effects of detention on the psychological well-being of those detained, active consideration of possible alternatives should precede any order to detain asylum-seekers belonging to vulnerable categories. The Special Rapporteur is of the opinion that the same principle should apply to vulnerable migrants. In the event that individuals falling within these categories are detained, it is advisable that this should only be on the certification of a qualified medical practitioner that detention will not adversely affect their health and well-being. In addition, there must be regular follow up and support by skilled personnel. They must also have access to adequate health services, medication and counselling.

[The Special Rapporteur calls on States to consider progressively abolishing the administrative detention of migrants. In the meantime, Governments should take measures to ensure respect for the human rights of migrants in the context of detention, including by:] Taking into due consideration the particular vulnerabilities of specific groups of migrants including victims of torture, unaccompanied older migrants, migrants with a mental or physical disability and migrants living with HIV/AIDS. Detention of migrants belonging to vulnerable categories and in need of special assistance should be only allowed as a measure of last resort, and they should be provided with adequate medical and psychological assistance;

By 2025, more than 20 per cent of European Union citizens will be over 65 years of age, with a particular increase in those over 85. The population of elderly people will almost double, from 87.5 million in 2010 to 152.6 million in 2060. It is also expected that the share of those aged 80 and over will rise from 5 to 12 per cent. At the same time, many member States have fertility rates below the rate of replacement. An average fertility rate of 2.1 children per woman is estimated to be necessary to keep the population at a stable size between generations in developed countries. United Nations population data suggests that between 2010 and 2015 all European Union countries will have had average fertility rates below the 2.1 mark with the regional average being 1.6.

The Special Rapporteur encourages the establishment and implementation of institutionalized services and programmes to provide comprehensive support and protection to persons arriving in mixed migratory flows, especially women, children and the elderly, including means to detect those who are in need of international protection. Protection services should include access to humanitarian assistance in the first instance, including adequate food and water, and access to health services, legal advice and effective asylum procedures. Longer term needs should include access to durable solutions in the case of persons in need of international protection and support for return to the community of origin for those people who are deemed able to return with no risk to their human rights.

[Human rights must be a cross-cutting issue that informs all discussions at the High-level Dialogue, and, as outlined in the 2013 report of the Special Rapporteur (see A/68/283), States should consider raising issues such as:] Effective protection of the human rights of vulnerable groups, such as unaccompanied children, families with children, persons with disabilities and elderly migrants;

Recognition of internally displaced persons as holders of civil and political rights and economic, social and cultural rights is crucial. A human rights-based approach to internal displacement and humanitarian and development assistance to such persons requires assessments of their human rights on the basis of information that goes beyond basic displacement statistics and recognizes the unique circumstances, challenges and requirements of each individual, including women, older persons, persons with disabilities, minorities and others. It also requires a deeper level of engagement and consultation with internally displaced persons, allowing a more detailed understanding of needs, concerns and intentions and demonstrating respect for the human agency of those persons, as partners in a process of achieving solutions, rather than passive beneficiaries.

Consultation, participation and information provision activities must engage widely with internally displaced persons, including women and female heads of households, young people, older persons and persons with disabilities. In-depth assessments, profiling and consultations help to reveal vulnerabilities, capacities and obstacles, essential to providing appropriate responses and durable solutions. Gathering data on those outside of camps has also proven extremely difficult, and there is a need to find creative solutions to ensure that they do not fall through protection and support nets. The Special Rapporteur's report on the issue to the Human Rights Council in 2012 notably focuses on addressing the causes of neglect of internally displaced persons outside camps through data collection.

Under paragraph 16 (d) of Human Rights Council resolution 32/11, the mandate holder is tasked with giving special consideration to the human rights of internally displaced women and children, and of other groups with special needs, such as older persons, persons with disabilities and severely traumatized individuals, and to their particular assistance, protection and development needs. The Special Rapporteur will therefore dedicate a thematic report to the needs and protection issues facing internally displaced children, with a view to bringing renewed attention to their plight and in order to seek innovative approaches, concrete actions, and new commitments to their protection in displacement-affected countries.

[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;

Internally displaced persons must have a greater say and role in shaping the nature of assistance and support that they receive and the solutions targeted at them. The Special Rapporteur has found that the common message from internally displaced persons is that they are deprived of their dignity, have little hope and feel that nobody is listening to them, let alone consulting them. Meaningful consultation and participation of internally displaced persons guarantee the durability and legitimacy of solutions and help to re-establish dignity and hope. The voices and views of displaced women, older persons, youth and those with disabilities for example, must be given equal weight to ensure that solutions are appropriate and meet the needs of all.

Despite these challenges, host communities are often the key to ensuring essential assistance services to IDPs, to the work of humanitarian organizations, and to finding durable solutions. They are most often the "first responders" to a crisis, and may welcome, support and assist IDPs upon their arrival. But as displacement becomes protracted, tensions can often result due to competition over scarce resources, employment opportunities, or from underlying religious, ethnic, cultural or other differences - frequently related to or exacerbated by the conflict causing the displacement in the first place. Without IDP frameworks and institutions in place to respond to the particular context and needs of IDPs living within these communities, these tensions and competition over resources and services will usually have a disproportionate impact on the most vulnerable IDP groups, such as female-headed households, children and older persons, and leave them exposed to human rights violations, exploitation and poverty.

Particular challenges face some people within internally displaced populations, including older persons, persons with disabilities, unaccompanied minors, or members of the lesbian, gay, bisexual or transgender community. Women are made particularly vulnerable by displacement, including to sexual or gender-based violence and other human rights violations, and consequently require specific protection measures. A key protection element is disaggregated data to provide an evidence base to build a profile of internally displaced persons and assess their needs according to their circumstances. Such data is often lacking and this gap reinforces the significance of the work carried out by bodies such as the Joint Internally Displaced Person Profiling Service (JIPS; see www.jips.org/en/home).

The Human Rights Council resolution 14/6 extending this mandate, requests the Special Rapporteur to "integrate a gender perspective throughout the work of the mandate, and to give special consideration to the human rights of internally displaced women and children, as well as of other groups with special needs, such as older persons, persons with disabilities and severely traumatized individuals affected by internal displacement, and their particular assistance, protection and development needs". As part of carrying out this aspect of the mandate, a special focus will be given to exploring more specifically the situation of internally displaced women and girls, including in various types of internal displacement situations.

Article 9 (2) of the Convention requires States to provide special protection and assistance to internally displaced persons with special needs, including separated and unaccompanied children, female heads of household, expectant mothers, mothers with young children, persons with disabilities and older persons, and to take measures for family tracing and reunification.

Sanitation facilities must be physically accessible for everyone within or in the immediate vicinity of each household, health or educational institution, public institutions and places, and the workplace (see A/HRC/12/24, para. 75). Sanitation facilities should be designed in a way that enables all users to physically access and use them, including, especially those with special access needs, such as children, persons with disabilities, elderly persons, pregnant women, parents accompanying children, chronically ill people and those accompanying them. Considering the needs of these individuals has implications for the entrance size, the interior space, handrails or other support mechanisms and the position of defecation, as well as other aspects.

Much has been learned through questions in household surveys about intrahousehold inequalities related to water collection. Much less is known about such inequalities concerning sanitation and hygiene, and about water, sanitation and hygiene-related household inequalities concerning age and disability. Given that not all households share resources and assets equally among their members and that some may be relatively more privileged than others, commanding more income and accessing greater consumption opportunities, it is imperative to accurately disaggregate intrahousehold data regarding household resources such as water and sanitation. There is evidence that intrahousehold inequality and poverty may disproportionately affect women, persons with disabilities, children and older persons. Targets and indicators should be phrased to require monitoring of intrahousehold inequalities. They should shine a powerful light on areas that need change and ensure that monitoring is in line with the human rights imperative to overcome inequalities wherever they occur.

Article 17 of the International Covenant on Civil and Political Rights goes on to guarantee that "everyone has the right to the protection of the law against such interference or attacks", thus including an explicit guarantee of protection against interference by private parties. This results in a positive obligation of States parties to protect privacy against interference and attacks by others, which has been found to be of particular relevance, for instance, in relation to persons deprived of personal liberty, older persons, persons with disabilities or transgendered persons. This provision is of enormous significance in the context of combatting stigma. It clearly demonstrates that States' obligations reach into the private sphere. They cannot dismiss stigma as a social phenomenon over which States have no influence. Instead, they have positive obligations that extend into this realm, requiring States, for instance, to take measures that enable women and girls to manage their menstrual hygiene needs in a manner that protects their privacy and dignity.