A UN International Convention on the Human Rights of Older Persons: Why It’s Imperative


sticky notes stating you are not too old and it is not too late

All people are entitled to human rights. Meanwhile, older people experience poverty, inadequate housing and discrimination when seeking healthcare services in the community and in care homes. Ageism, abuse, neglect and self-neglect often run side-by-side with isolation, poor nutrition and violence. Progress is being made to establish an international convention on the human rights of older persons, but the work is slow and tedious. In August, a significant step was achieved.

Older Canadians: A Growing Demographic

In Canada, about 20 percent of the population is 65 or older. The most recent census reported that people aged 85 and older are one of the fastest-growing age groups in Canada and are expected to triple to almost 2.5 million by 2050. 

Sadly, one in three older adults report experiencing depression, and according to the Mental Health Commission of Canada, 12 percent of those over 65 say they are socially isolated. These significant mental health challenges are often the result of unmet needs, exacerbated by delayed diagnoses of physical illness, neglect and inaccessible services. 

Further Barriers for Older Persons

The United Nations (UN) reports additional human rights barriers for older persons of African or Indigenous descent, persons with disabilities and older women, including those who have endured intimate partner violence for decades. These intersectional factors often compound vulnerabilities to human rights violations. 

Decision-making is taken from people’s hands. 2SLGBTQ+ elders are often disenfranchised by systemic abuse or go back into the closet in fear of stigma or losing their rights. Palliative care wishes are often ignored, with families overruling same-sex partners’ instructions. Luckily in Canada, 2SLGBTQ+ seniors have more rights than in many other countries, but homophobia still exists.

Advocating for the Rights of Older Persons

Like many organizations advocating for older Canadians, the BC CRN has spent years advocating for enshrined human rights for older persons that go beyond that of the Universal Declaration of Human Rights. In December 2010, the United Nations established the Open-ended Working Group on Ageing (OEWGA). The group comprised Member States, non-governmental organizations, national human rights institutions, the UN system and other stakeholders to strengthen the protection of the human rights of older persons internationally.

The working group was tasked with developing a framework for an international legally binding instrument (a UN convention) on the rights of older persons. The three principal objectives of the convention were to:

  • Protect the human rights of older persons under international law
  • Encourage greater development of policies and programs that benefit older persons
  • Combat ageism

The OEWGA concluded its work in May 2024 and filed its final report to the General Assembly

in Geneva for discussion and development of a convention. With its work concluded, the OEWGA has been disbanded.

The OEWGA Report’s Findings

The report advanced to the General Assembly was titled “Recommendations regarding the identification of possible gaps in the protection of the human rights of older persons and how best to address them.”

The recommendations are based on the input from several Member States and most of the other participants who “highlighted that the existing human rights framework for older persons provided fragmented and inconsistent coverage of their human rights, both in law and in practice, and speakers stressed the need for an international legally binding instrument that specifically addressed the existing legal gaps to fully protect the rights of older persons.”

Keeping in mind the three objectives of the working group, the recommendations are categorized:

  • Accessibility, infrastructure and habitat (transport, housing and access)
  • Participation in public life and decision-making processes
  • Ageism 

The Next Steps in Ensuring Human Rights and Dignity for Older Persons

The findings now rest with the Human Rights Council (HRC), which will consider the recommendations and determine the next steps in addressing the gaps identified, including a legally binding convention.

BC CRN’s advocacy will continue through our work with other community-based seniors’ services as we stay active and engaged on behalf of our member CRNs and the vulnerable adults they serve.

 

Explore our website to learn more about BC CRN, or connect with your local CRN for more information or resources. 

 

 

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