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

Reaffirming that States have the primary responsibility to promote and protect the human rights and fundamental freedoms of all human beings, including women, children and older persons,

Emphasizes that consultation with older persons is essential in the formulation and adoption of legislation and policies relating to their specific needs and concerns;

Underlines the importance of strengthening intergenerational partnerships and solidarity among generations, and calls upon States in this regard to promote opportunities for voluntary, constructive and regular interaction between young people and older generations in the family, in the workplace and in society at large;

Also encourages States to continue their efforts to implement the Madrid Plan of Action and to mainstream the concerns of older persons into their policy agendas, bearing in mind the crucial importance of intergenerational family interdependence, solidarity and reciprocity for social development and the realization of all human rights of older persons, and to prevent discrimination against older persons and provide social integration;

Stresses that families remain the first and most immediate environment where older persons can develop their potential and enjoy a fulfilling life, and that the realization of the human rights of older persons can be deeply affected by the quality of life and the support and assistance provided to them, including through access to a range of support services that are responsive to individual choices, wishes and needs;

Encourages States and non-governmental bodies to establish social and care services to support the whole family and individual carers when there are older people at home and to implement such measures, especially for low-income families, to be able to care for the older people at home;

Encourages States to increase efforts to raise awareness of the Madrid International Plan of Action on Ageing, 2002, including by promoting and supporting initiatives to advance a positive public image of older persons and their multiple contributions to their families, communities and societies and by working with the respective international, regional and national bodies and mechanisms, as appropriate;

Urges Governments and other relevant stakeholders to address the challenges faced by older women in accessing HIV prevention, treatment, care and support, as well as in caring for people living with or affected by HIV and AIDS, including orphaned children in vulnerable situations;

Affirms that older persons have equal rights with respect to family life, and that States should realize these rights and prevent the concealment, abandonment, neglect and segregation of older persons and undertake to provide early and comprehensive information, services and support to older persons and their families;

Stresses the need for States to adopt immediate, effective and appropriate measures aimed at raising awareness throughout society, including at the family level, regarding older persons, with a view to fostering respect for their rights and dignity;

Recognizes the potential of older persons as leaders in the family and community for education, communication and conflict resolution;

Remains convinced that older persons, including those with disabilities, and their family members should receive the protection and assistance necessary to achieve the full and equal enjoyment of human rights by every person;

Highlights the role of families in supporting their members, including older persons, and recognizes their potential in contributing to the protection and promotion of older persons among their members;

The Commission recognizes that caregiving work at the household, family and community levels includes the support and care of children, older persons, the sick, persons with disabilities, and caring associated with family kinship and community responsibilities, which is affected by factors such as size of household and number and age of children, with significant differences between developed and developing countries in the availability of infrastructure and services supporting caregiving. The Commission also recognizes that gender inequality and discrimination contribute to the continuing imbalance in the division of labour between women and men and perpetuate stereotypical perceptions of men and women. The Commission further recognizes that changes in demographics in ageing and youthful societies, and in the context of HIV/AIDS, have increased the need for, and scope of, care.

In accordance with article 10, paragraph 1, of the Covenant and recommendations 25 and 29 of the International Plan of Action on Ageing, States parties should make all the necessary efforts to support, protect and strengthen the family and help it, in accordance with each society's system of cultural values, to respond to the needs of its dependent ageing members. Recommendation 29 encourages Governments and non-governmental organizations to establish social services to support the whole family when there are elderly people at home and to implement measures especially for low-income families who wish to keep elderly people at home. This assistance should also be provided for persons living alone or elderly couples wishing to remain at home.

In 1982, the World Assembly on Ageing adopted the International Plan of Action on Ageing. This important document was endorsed by the General Assembly and is a very useful guide, for it details the measures that should be taken by Member States to safeguard the rights of older persons within the context of the rights proclaimed by the International Covenants on Human Rights. It contains 62 recommendations, many of which are of direct relevance to the International Covenant on Economic, Social and Cultural Rights.

This is not determinative of the matter, however, since the prohibition of discrimination on the grounds of "other status" could be interpreted as applying to age. The Committee notes that, while it may not yet be possible to conclude that discrimination on the grounds of age is comprehensively prohibited by the Covenant, the range of matters in relation to which such discrimination can be accepted is very limited. Moreover, it must be emphasized that the unacceptableness of discrimination against older persons is underlined in many international policy documents and is confirmed in the legislation of the vast majority of States. In the few areas in which discrimination continues to be tolerated, such as in relation to mandatory retirement ages or access to tertiary education, there is a clear trend towards the elimination of such barriers. The Committee is of the view that States parties should seek to expedite this trend to the greatest extent possible.

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.

Recommendation 50 of the Plan of Action stresses the need for Governments, non-governmental organizations and older persons themselves to make efforts to overcome negative stereotyped images of older persons as suffering from physical and psychological disabilities, incapable of functioning independently and having neither role nor status in society. These efforts, in which the media and educational institutions should also take part, are essential for achieving a society that champions the full integration of older persons.

States parties should provide older women with information on their rights and how to access legal services. They should train the police, judiciary as well as legal aid and paralegal services on the rights of older women, and sensitize and train public authorities and institutions on age- and gender-related issues that affect older women. Information, legal services, effective remedies and reparation must be made equally available and accessible to older women with disabilities.

In order to support legal reform and policy formulation, States parties are urged to collect, analyse and disseminate data disaggregated by age and sex, so as to have information on the situation of older women, including those living in rural areas, areas of conflict, belonging to minority groups, and with disabilities. Such data should especially focus, among other issues, on poverty, illiteracy, violence, unpaid work, including care- giving to those living with or affected by HIV/AIDS, migration, access to health care, housing, social and economic benefits and employment.

States Parties should take necessary measures to ensure older women have access to adequate housing that meet their specific needs, and all barriers, architectural and other, that hinder the mobility of older persons and lead to forced confinement should be removed. States parties should provide social services that enable older women to remain in their homes and live independently for as long as possible. Laws and practices that negatively affect older women's right to housing, land and property should be abolished. States parties should also protect older women against forced evictions and homelessness.

In previous general comments, the Committee on Economic, Social and Cultural Rights has considered the application of the principle of non-discrimination to specific Covenant rights relating to housing, food, education, health, water, authors' rights, work and social security. Moreover, general comment No. 16 focuses on State parties' obligations under article 3 of the Covenant to ensure equal rights of men and women to the enjoyment of all Covenant rights, while general comments Nos. 5 and 6 respectively concern the rights of persons with disabilities and older persons. The present general comment aims to clarify the Committee's understanding of the provisions of article 2, paragraph 2, of the Covenant, including the scope of State obligations (Part II), the prohibited grounds of discrimination (Part III), and national implementation (Part IV).

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.

Detention can be particularly damaging to vulnerable categories of migrant workers, impacting negatively on their physical and mental health. These migrant workers and members of their families may include victims of torture, unaccompanied older persons, persons with disabilities and persons living with HIV/AIDS. Special measures should be taken to protect vulnerable people deprived of their liberty, including access to adequate health services, medication and counselling. Moreover, migrant workers with disabilities and members of their families with disabilities should be provided with "reasonable accommodation" to ensure their right to enjoy their human rights and fundamental freedoms on an equal basis with others.

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 .

The exclusion of children has significant implications for their development as citizens. Shared experience of inclusive public spaces by different age groups serves to promote and strengthen civil society and encourage children to recognize themselves as citizens with rights. States are encouraged to promote dialogue between older and younger generations to encourage greater recognition of children as rights holders, and of the importance of networks of diverse community spaces in local areas or municipalities which can accommodate the play and recreational needs of all children.

The Special Rapporteur has also taken first steps towards collaborating with other special procedures mandate holders. Initial efforts of collaboration have included a joint statement made on Human Rights Day, on 10 December 2014, with other special procedures mandate holders on climate change and human rights, and joined efforts regarding issues of common concern with the mandate holders on the right to food, older persons and the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

The right to social security, as guaranteed under the International Covenant on Economic, Social and Cultural Rights, includes access to health care; benefits and services to persons without work-related income due to sickness, disability, maternity, employment injury, unemployment, old age or death of a family member, including contributory or non-contributory pensions for all older persons; family and child support sufficient to cover food, clothing, housing, water and sanitation; survivor and orphan benefits. The Special Rapporteur observes that, in many cases, the specific situation of women is not considered in the design and implementation of programmes. Three examples may serve to illustrate this.

The Special Rapporteur is particularly concerned about unreported violence directed against older persons in care. As with other vulnerable and marginalized groups, special attention is needed to protect older persons from abuse and to ensure that their rights are not violated in settings where they might be especially prone to violations. Abuse of older persons is defined as a single or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to an older person. It is important to note that abuse is often insidious, limiting the autonomy of older persons in subtle ways. It can take various forms, including physical, psychological, emotional, sexual or financial abuse, or be affected by neglect.