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The right to social security (Art. 9) 2007, para. 65
- Paragraph text
- Violations through acts of omission can occur when the State party fails to take sufficient and appropriate action to realize the right to social security. In the context of social security, examples of such violations include the failure to take appropriate steps towards the full realization of everyone's right to social security; the failure to enforce relevant laws or put into effect policies designed to implement the right to social security; the failure to ensure the financial sustainability of State pension schemes; the failure to reform or repeal legislation which is manifestly inconsistent with the right to social security; the failure to regulate the activities of individuals or groups so as to prevent them from violating the right to social security; the failure to remove promptly obstacles which the State party is under a duty to remove in order to permit the immediate fulfilment of a right guaranteed by the Covenant; the failure to meet the core obligations (see paragraph 59 above); the failure of a State party to take into account its Covenant obligations when entering into bilateral or multilateral agreements with other States, international organizations or multinational corporations.
- 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
- 2007
- Date added
- Aug 19, 2019
Paragraph
Implementing child rights in early childhood 2006, para. 6c
- Paragraph text
- [Features of early childhood. Early childhood is a critical period for realizing children's rights. During this period:] Young children establish their own important relationships with children of the same age, as well as with younger and older children. Through these relationships they learn to negotiate and coordinate shared activities, resolve conflicts, keep agreements and accept responsibility for others;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Older persons
- Year
- 2006
- Date added
- Aug 19, 2019
Paragraph
The right to education (Art. 13) 1999, para. 36
- Paragraph text
- The Committee affirms paragraph 35 of its General Comment 5, which addresses the issue of persons with disabilities in the context of the right to education, and paragraphs 36 42 of its General Comment 6, which address the issue of older persons in relation to articles 13 15 of the Covenant.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- Older persons
- Persons with disabilities
- Year
- 1999
- Date added
- Aug 19, 2019
Paragraph
Older women and protection of their human rights 2010, para. 10
- Paragraph text
- The general recommendation also provides guidance to States parties on the inclusion of the situation of older women in their reports on the implementation of the Convention. The elimination of all forms of discrimination against older women can only be achieved by fully respecting and protecting their dignity and their right to integrity and self-determination.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Older persons
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The economic, social and cultural rights of older persons 1995, para. 6
- Paragraph text
- In 1992, the General Assembly adopted eight global targets on ageing for the year 2001 and a brief guide for setting national targets. In a number of important respects, these global targets serve to reinforce the obligations of States parties to the Covenant.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Health
- Person(s) affected
- Older persons
- Year
- 1995
- Date added
- Aug 19, 2019
Paragraph
The economic, social and cultural rights of older persons 1995, para. 2
- Paragraph text
- These figures are illustrations of a quiet revolution, but one which has far-reaching and unpredictable consequences and which is now affecting the social and economic structures of societies both at the world level and at the country level, and will affect them even more in the future.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 1995
- Date added
- Aug 19, 2019
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."
- 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
- Date added
- Aug 19, 2019
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.
- 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
- Date added
- Aug 19, 2019
Paragraph
Accessibility 2014, para. 30
- Paragraph text
- It is necessary to establish minimum standards for the accessibility of different services provided by public and private enterprises for persons with different types of impairments. Reference tools such as the ITU-T recommendation Telecommunications Accessibility Checklist for standardization activities (2006) and the Telecommunications accessibility guidelines for older persons and persons with disabilities (ITU-T recommendation F.790) should be mainstreamed whenever a new ICT-related standard is developed. That would allow the generalization of universal design in the development of standards. States parties should establish a legislative framework with specific, enforceable, time-bound benchmarks for monitoring and assessing the gradual modification and adjustment by private entities of their previously inaccessible services into accessible ones. States parties should also ensure that all newly procured goods and services are fully accessible for persons with disabilities. Minimum standards must be developed in close consultation with persons with disabilities and their representative organizations, in accordance with article 4, paragraph 3, of the Convention. The standards can also be developed in collaboration with other States parties and international organizations and agencies through international cooperation, in accordance with article 32 of the Convention. States parties are encouraged to join ITU study groups in the radiocommunication, standardization and development sectors of the Union, which actively work at mainstreaming accessibility in the development of international telecommunications and ICT standards and at raising industry's and governments' awareness of the need to increase access to ICT for persons with disabilities. Such cooperation can be useful in developing and promoting international standards that contribute to the interoperability of goods and services. In the field of communication-related services, States parties must ensure at least a minimum quality of services, especially for the relatively new types of services, such as personal assistance, sign language interpretation and tactile signing, aiming at their standardization.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Older persons
- Persons with disabilities
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The economic, social and cultural rights of older persons 1995, para. 25
- Paragraph text
- The rights protected by article 8 of the Covenant, namely trade union rights, including after retirement age, must be applied to older workers.
- 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
- Date added
- Aug 19, 2019
Paragraph
The economic, social and cultural rights of older persons 1995, para. 8
- Paragraph text
- The United Nations specialized agencies, especially ILO, have also given attention to the problem of ageing in their respective fields of competence.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Health
- Person(s) affected
- Older persons
- Year
- 1995
- Date added
- Aug 19, 2019
Paragraph
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 38
- Paragraph text
- 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.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Older persons
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right of the child to have his or her best interest taken as a primary consideration 2013, para. 44
- Paragraph text
- The evolving capacities of the child (art. 5) must be taken into consideration when the child's best interests and right to be heard are at stake. The Committee has already established that the more the child knows, has experienced and understands, the more the parent, legal guardian or other persons legally responsible for him or her have to transform direction and guidance into reminders and advice, and later to an exchange on an equal footing. Similarly, as the child matures, his or her views shall have increasing weight in the assessment of his or her best interests. Babies and very young children have the same rights as all children to have their best interests assessed, even if they cannot express their views or represent themselves in the same way as older children. States must ensure appropriate arrangements, including representation, when appropriate, for the assessment of their best interests; the same applies for children who are not able or willing to express a view.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Older persons
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to social security (Art. 9) 2007, para. 11
- Paragraph text
- The right to social security requires, for its implementation, that a system, whether composed of a single scheme or variety of schemes, is available and in place to ensure that benefits are provided for the relevant social risks and contingencies. The system should be established under domestic law, and public authorities must take responsibility for the effective administration or supervision of the system. The schemes should also be sustainable, including those concerning provision of pensions, in order to ensure that the right can be realized for present and future generations.
- 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
- 2007
- Date added
- Aug 19, 2019
Paragraph
The right to the highest attainable standard of health (Art. 12) 2000, para. 25
- Paragraph text
- With regard to the realization of the right to health of older persons, the Committee, in accordance with paragraphs 34 and 35 of General Comment No. 6 (1995), reaffirms the importance of an integrated approach, combining elements of preventive, curative and rehabilitative health treatment. Such measures should be based on periodical check-ups for both sexes; physical as well as psychological rehabilitative measures aimed at maintaining the functionality and autonomy of older persons; and attention and care for chronically and terminally ill persons, sparing them avoidable pain and enabling them to die with dignity.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Older persons
- Year
- 2000
- Date added
- Aug 19, 2019
Paragraph
Older women and protection of their human rights 2010, para. 15
- Paragraph text
- The full development and advancement of women can only be achieved through a life-cycle approach that recognizes and addresses the different stages of women's lives from childhood through adolescence, adulthood and old age and the impact of each stage on the enjoyment of human rights by older women. The rights enshrined in the Convention are applicable at all stages of a woman's life. However, in many countries, age discrimination is still tolerated and accepted at the individual, institutional and policy levels, and few countries have legislation prohibiting discrimination based on age.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Older persons
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Older women and protection of their human rights 2010, para. 9
- Paragraph text
- This general recommendation on older women and promotion of their rights explores the relationship between the articles of the Convention and ageing. It identifies the multiple forms of discrimination that women face as they age, outlines the content of the obligations to be assumed by States parties with regard to ageing with dignity and older women's rights, and includes policy recommendations aimed at mainstreaming the responses to the concerns of older women into national strategies, development initiatives and positive action so that older women can fully participate in society without discrimination and on an equal basis with men.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Older persons
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Older women and protection of their human rights 2010, para. 3
- Paragraph text
- The Committee affirms previous commitments to older women's rights enshrined in, inter alia, the Vienna International Plan of Action on Ageing, the Beijing Declaration and Platform for Action, the United Nations Principles for Older Persons (General Assembly resolution 46/91, annex), the Programme of Action of the International Conference on Population and Development, the Madrid International Plan of Action on Ageing 2002, Committee on Economic, Social and Cultural Rights general comment No. 6 on the economic, social and cultural rights of older persons (1995), and general comment No. 19 on the right to social security (2008).
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Health
- Person(s) affected
- Older persons
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Older women and protection of their human rights 2010, para. 2
- Paragraph text
- In its decision 26/III of 5 July 2002, the Committee acknowledged that the Convention "is an important tool for addressing the specific issue of the human rights of older women." General recommendation No. 25 on article 4, paragraph 1, of the Convention (temporary special measures) also recognizes that age is one of the grounds on which women may suffer multiple forms of discrimination. In particular, the Committee recognized the need for statistical data, disaggregated by age and sex, in order to better assess the situation of older women.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Older persons
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Older women and protection of their human rights 2010, para. 1
- Paragraph text
- The Committee on the Elimination of Discrimination against Women (hereinafter "the Committee"), concerned about the multiple forms of discrimination experienced by older women and that older women's rights are not systematically addressed in the reports of States parties, decided at its forty-second session, held from 20 October to 7 November 2008, pursuant to article 21 of the Convention on the Elimination of All Forms of Discrimination against Women (hereinafter "the Convention"), to adopt a general recommendation on older women and protection of their human rights.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Older persons
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The economic, social and cultural rights of older persons 1995, para. 42
- Paragraph text
- With regard to the right to enjoy the benefits of scientific progress and its applications, States parties should take account of recommendations 60, 61 and 62 of the International Plan of Action on Ageing and make efforts to promote research on the biological, mental and social aspects of ageing and on ways of maintaining functional capacities and preventing and delaying the start of chronic illnesses and disabilities. In this connection, it is recommended that States, intergovernmental organizations and non-governmental organizations should establish institutions specializing in the teaching of gerontology, geriatrics and geriatric psychology in countries where such institutions do not exist.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Older persons
- Persons with disabilities
- Year
- 1995
- Date added
- Aug 19, 2019
Paragraph
The economic, social and cultural rights of older persons 1995, para. 30
- Paragraph text
- Furthermore, as already observed in paragraphs 20 and 21 above, in order fully to implement the provisions of article 9 of the Covenant, States parties should, within the limits of available resources, provide non-contributory old-age benefits and other assistance for all older persons who, when reaching the age prescribed in national legislation, have not completed a qualifying period of contribution and are not entitled to an old-age pension or other social security benefits or assistance and have no other source of income.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Older persons
- Year
- 1995
- Date added
- Aug 19, 2019
Paragraph
The economic, social and cultural rights of older persons 1995, para. 21
- Paragraph text
- To deal with such situations and comply fully with article 9 of the Covenant and paragraph 2 (h) of the Proclamation on Ageing, States parties should institute non-contributory old-age benefits or other assistance for all persons, regardless of their sex, who find themselves without resources on attaining an age specified in national legislation. Given their greater life expectancy and the fact that it is more often they who have no contributory pensions, women would be the principal beneficiaries.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Health
- Person(s) affected
- Older persons
- Women
- Year
- 1995
- Date added
- Aug 19, 2019
Paragraph
The economic, social and cultural rights of older persons 1995, para. 19
- Paragraph text
- In this context, attention may be drawn to Global target No. 1, adopted by the General Assembly in 1992, which calls for the establishment of national support infrastructures to promote policies and programmes on ageing in national and international development plans and programmes. In this regard, the Committee notes that one of the United Nations Principles for Older Persons which Governments were encouraged to incorporate into their national programmes is that older persons should be able to form movements or associations of older persons.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Health
- Person(s) affected
- Older persons
- Year
- 1995
- Date added
- Aug 19, 2019
Paragraph
The economic, social and cultural rights of older persons 1995, para. 18
- Paragraph text
- The methods that States parties use to fulfil the obligations they have assumed under the Covenant in respect of older persons will be basically the same as those for the fulfilment of other obligations (see General Comment No. 1 (1989)). They include the need to determine the nature and scope of problems within a State through regular monitoring, the need to adopt properly designed policies and programmes to meet requirements, the need to enact legislation when necessary and to eliminate any discriminatory legislation, and the need to ensure the relevant budget support or, as appropriate, to request international cooperation. In the latter connection, international cooperation in accordance with articles 22 and 23 of the Covenant may be a particularly important way of enabling some developing countries to fulfil their obligations under the Covenant.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Older persons
- Year
- 1995
- Date added
- Aug 19, 2019
Paragraph
The economic, social and cultural rights of older persons 1995, para. 17
- Paragraph text
- Side by side with older persons who are in good health and whose financial situation is acceptable, there are many who do not have adequate means of support, even in developed countries, and who feature prominently among the most vulnerable, marginal and unprotected groups. In times of recession and of restructuring of the economy, older persons are particularly at risk. As the Committee has previously stressed (General Comment No. 3 (1990), para. 12), even in times of severe resource constraints, States parties have the duty to protect the vulnerable members of society.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Older persons
- Year
- 1995
- Date added
- Aug 19, 2019
Paragraph
The economic, social and cultural rights of older persons 1995, para. 15
- Paragraph text
- In 1993, the Committee devoted a day of general discussion to this issue to assist it in formulating its views. Moreover, it has, at recent sessions, begun to attach substantially more importance to information on the rights of older persons and its questioning has elicited some very valuable information in some instances. Nevertheless, the Committee notes that the great majority of States parties' reports continue to make little reference to this important issue. It therefore wishes to indicate that, in future, it will insist that the situation of older persons in relation to each of the rights recognized in the Covenant should be adequately addressed in all reports. The remainder of this General Comment identifies the specific issues which are relevant in this regard.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Older persons
- Year
- 1995
- Date added
- Aug 19, 2019
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.
- 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
- Date added
- Aug 19, 2019
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.
- 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
- Date added
- Aug 19, 2019
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.
- 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
- Date added
- Aug 19, 2019
Paragraph