Blog by Frances Zainoeddin, SI Representative to the UN in New York
After 14 years of data-gathering, analysis of evidence and proving that the rights of older persons have been denied, ignored and refused, the moment arrived on 3 April 2025 when the Human Rights Council (HRC) decided to establish an intergovernmental working group to start drafting a legally binding instrument to protect the rights of older persons (resolution A/HRC/RES/58/13). It was recognised that there were normative and implementation gaps within the international human rights framework for the protection of the human rights of older persons.
The HRC, after acknowledging the findings and decision of the Open-ended Working Group on Ageing (OEWGA) at its 14th session in 2024 (pages 6-9) took the decision to establish an intergovernmental working group to start drafting an international legally binding instrument to protect the rights of older persons. The organisational meeting will take place before the end of 2025, and there will be two five-day sessions each year in Geneva.
This step acknowledges that older persons around the world:
- Are viewed as a burden on society
- Are seen as recipients of medical rehabilitation rather than as rights holders
- Suffer from ageism and age discrimination
- Are often vulnerable to deprivation and exclusion, disproportionately during times of crisis
- Are at higher risk of violence, abuse and neglect – physical, verbal, sexual, psychological, financial
- Lack access to affordable health services
- Are denied their right to work
- Are deprived of their autonomy and independence
Over 900 reports prepared by the UN Secretariat, Member States, Civil Society and experts were submitted to the OEWGA, on topics including equality and non-discrimination, access to social and economic protections, health and long-term care, protection from abuse, and participation in public life. Access the website to review documents and work of the OEWGA.
A legally binding instrument would view older persons as rights holders, codify the rights of older persons in one single document, recognising the specific challenges related to ageing and serving as a tool for both empowerment and protection, establish a common, global understanding of definitions and minimum standards of practice, act as an anti-discriminatory tool to challenge prevailing negative stereotypes about old age, require governments to collect data, develop indicators, establish laws and policies, develop programmes that take into account the rights and concerns of older persons, improve state accountability and transparency with respect to actions taken for older persons, including their active participation, raise public awareness of older persons’ rights, create societies and environments for all ages, where older persons are also able to contribute, prosper and enjoy their rights.
Of course there is still a long road ahead in terms of drafting a legally binding instrument, getting it approved and ratified, but steps are now in place to start the process. The advocacy continues!
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