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A Call for a Convention on the Rights of Older Persons

On October 1, the 18th observance of the International Day of Older Persons, the Department of Public Information, Non-Governmental Organizations (DPI-NGO), held a Briefing for NGOs both "to celebrate the contribution of older persons within their respective societies and to evaluate their current situation in light of General Assembly resolution 46/91, passed on 14 December 1990, which encourages Governments to incorporate the principles of independence, participation, care, self-fulfillment and dignity into their national programmes. 

The Briefing was attended by about 300 representatives of NGOs, the UN and Permanent Mission Staff.

The summary of the Briefing states that "as 2008 marks the 60th anniversary year of the Universal Declaration of Human Rights, the NGO Relations Custer of the Department As 2008 marks the 60th anniversary year of the Universal Declaration of Human Rights, the NGO Relations Cluster of the Department of Public Information, in consultation with the NGO Committee on Ageing, in New York, decided to focus the 18th observance of the International Day of Older Persons (IDOP) on a process that will lead to the development and acceptance of a Convention on the Rights of Older Persons. Despite the fact that older persons comprise 11 percent of the global population, they remain largely marginalized and invisible in society. With this idea in mind, the Committee, in collaboration with the NGO Relations Cluster, agreed on this year's theme: ‘A Call for a Convention on the Rights of Older Persons.'"

Below is a shortened version of the summary, taken directly from the version prepared by Gail B-T Sainte with assistance from Albert Lee and Maria Vu.

Mr. Eric Falt, Director of the Outreach Division in the Department of Public Information, opened the briefing by reading the message for the Day of UN Secretary-General Mr. Ban Ki- moon. The Secretary-General noted that despite the commitment of member States to the Madrid International Plan of Action on Ageing, in many parts of the world the rights of older persons were violated on a daily basis. He said much more needed to be done at the national level to support older persons, promote their income security and social protection and ensure quality health care, as well as long-term care services. He suggested that the International Day provided an opportunity to stimulate discussion on promoting the rights of older persons and strengthening partnerships aimed at securing their full participation in society. He called for a redoubling of efforts to achieve the rights of older persons and make the dream of a society for all ages a reality. 

A message was read on behalf of Father Miguel d'Escoto Brockmann, President of the 62nd General Assembly, who noted with pride that he hoped was shared by the NGOs, that at the age of 75 he had been appointed to the presidency of the GA. "He said older persons had the time, the expertise and resources to make a big difference in society. He called for NGOs to push the envelope of human rights to protect the rights of older persons to safety nets such as social security and pension plans, as well as the benefits of health, nutrition and psychological well-being. He asked the UN to assist governments and specialized agencies in making these generational changes through sharing with them information contained in its data bases, and through its networks of experts on policies and rights that can guide national efforts. He suggested that he would like to be able to recommend to the General Assembly for its consideration the call by some member states and NGOs for a convention on the rights of older persons. He urged the NGOs to provide the momentum to mobilize awareness regarding the rights of older persons."

During the first part of the program, various speakers from around the world discussed human rights issues relevant to older persons in each of the United Nations economic regions, and focused on their specific regional action plans. The speakers included participants from Ghana, Argentina, Lebanon, the Czech Republic and Nepal.

The second session featured other presenters, including His Excellency Minister Paulo de Tarso Vannuchi, Special Secretary of Human Rights of Brazil. He began by stressing that the world's ageing population was a challenge and an issue that the international community needed to address.  This was particularly the case in Latin America. He said the first international conference on older persons that took place in May 2006 opened opportunities for the global society to engage in discussion on this issue. The conference, he noted, had also revealed that significant challenges needed to be addressed. The Minister also described Brazil's work in this area, noting that 1October 2008 marked the five year anniversary of his country's federal act for people over 60 years of age. This act promotes public health, culture, sports and recreation for older persons. He praised the idea of focusing attention on the rights of older persons because "a country that does not look after its older people does not have a soul."

Mr. Sergei Zelenev began by noting that the International Day of Older Persons was an opportunity to not only draw attention to the range of issues affecting older persons, but also to celebrate their contribution to society. He paid tribute to the numerous roles that older persons play in contemporary society, among them, their role in family and in community -particularly women, as care givers. He noted that unfortunately the rights of this group were often overlooked at both the national and international levels. He went on to say there was a need to take account of the fact that in many cases older persons were suffering from structural disadvantages in society. These disadvantages, he stressed, could not be addressed through ad hoc solutions reflected in national legislation, on issues such as age discrimination and elder abuse. Developing a Convention, he suggested, would therefore signify an entirely different level of social protection for older persons. However, he noted that a Convention would not be an easy job; and further, would require not only a convergence of efforts by many partners, but above all "a clearly expressed political will" of Member States. One of the major reasons why a Convention is needed, is the fact that this particular socio-demographic group remains vulnerable to many risks, including frailty, discrimination, neglect, and even harassment; and does need special protection no matter where they live in the world. Vulnerability of older persons, he stressed, "is an obvious factor of concern, providing moral, ethical and political grounds for the calls for existence of better legal instruments to protect this particular segment of the population." He stressed there was a need for older persons to be able to effectively articulate their concerns and claim their rights, which was not possible without clear legal norms. In this context he raised the issue of the Madrid Plan of Action which he said, was not legally binding. The existence of a legally binding Convention, he suggested, could give leverage to those whom the Convention may serve, and add some "teeth" to the implementation of the Madrid Plan of Action Another was ensuring that the process was dynamic from its inception; and that a commitment regarding a Convention was clearly expressed by several Member States from the beginning of the process. In addition, he emphasized that critical to success was the building of partnerships and strategic alliances between  governments, the United Nations system, civil society and the private sector. He also stressed the importance of linking the issue of ageing with the development agenda, which he noted was also an important lesson learned from the process which led to the Convention on the Rights of Persons with Disabilities.

Professor Nana Araba Apt said that the ageing population presented Africa with a significant problem. Urgent attention was needed, especially in the area of education. Professor Apt noted that said that improvement in the quality of life for older persons could only be achieved if they are treated as development partners. In this context she recommended that giving older persons financial support and access to labor markets, would allow them to participate in their own poverty reduction. Professor Apt noted that the role of civil society was essential in raising awareness of the need to improve the quality of life for older persons and further, that NGOs had contributed to putting this issue on the agenda of the African Union. Although awareness had been increasing, she stressed, further work was necessary to ensure that appropriate resources and legislation were put in place.

Dr. Lia Daichman noted that the UN Principles for Older Persons had provided Latin America with a working framework. However, millions of older persons are still denied their rights as they have limited access to health, education and legal services. Moreover, many older persons have significantly low incomes and are forced to work beyond their physical capacity. Dr. Daichman suggested that treatment and prevention were required to reduce the vulnerability of older persons. In particular, "societal abuse" could be reduced if the protection of their human rights was enforced. In recent years, Argentina has created initiatives to address these abuses by increasing investment in social capacity and introducing new policies to educate older persons on their rights. Dr. Daichman urged governments to work with the international community to address the rights of older persons. However, she believed that this should be viewed not only as a challenge, but also as a potential gain.

Dr. Nabil Kronfol talked about ageing in the Arab countries and focused his attention on two main aspects-independence and care. He said that the Middle East region had the largest growing ageing population. This had resulted in greater demands and challenges for the region compared to other developed countries. Dr. Kronfol said independence of older persons needed to be promoted and care increased. He suggested that the overarching enemy of older persons was the lack of social policies which enhanced independence. He indicated that the level of care in old peoples' homes was sub-standard because they lacked specialized geriatric services. He further noted that social and economic support to caregivers was also needed. Older persons he advocated were merely recipients. Social policies, he insisted, had to be articulated in a more cohesive manner which would allow older persons to have a voice in how they are cared for. He suggested that increasing the independence of older persons required economic development and increased equitable pension and social plans. The current healthcare system needed to be overhauled and funding increased for improvements to geriatric care and nursing homes. Geriatric wards he noted were missing from most hospitals. In addition he put forward the view that greater emphasis should be put on among other things, mobile units. Dr. Kronfol stressed that to achieve progress in promoting the independence of older persons and improving care, a "multi-sector" approach was needed, where governments should work with civil society to raise awareness and advocacy of human rights. He said the goal should be promoting the rights of older persons "as they age rather than when they age." of support services but did not participate in the decision-making process regarding their care.

Minister Dzamila Stehlikova highlighted the importance of facilitating dialogue to ensure that issues concerning older persons are adequately addressed. Older persons should be seen as the future, not the past, but she noted this depended on how governments rose to meet the challenge of addressing their needs. 

Minister Stehlikova noted that equality of legal rights for older persons was currently inadequate in the European Union (EU) since the EU offered equal legal protection of working rights regardless of age, but did not extend these to the areas of education, social security and healthcare. She noted however that there are current proposals to address this inadequacy. Minister Stehlikova announced that Prague would host the 2009 conference on the dignity and endangerment of elderly people, which she hoped would further promote the rights of older persons.

Mr. Manohar Upreti said that lack of progress in the areas of education and healthcare was a growing issue in Nepal because of the increase in the ageing population and the rise in migration. Mr. Upreti said that initiatives in the area of economic independence were crucial because it would allow older persons to be financially independent and fulfill their economic potential. In this regard, Mr. Upreti outlined a successful animal husbandry project that had led to improvements in the economic well- being and health of older persons. He believed that these projects where skills and interests of older persons were identified, training given and resources loaned at low interest, provided positive benefits to older persons. This in turn improved their economic wellbeing and their status within the community.

A number of questions were asked during the Briefing, many of which centered on the process of getting a convention on the rights of older persons and the issues of  elder abuse and the need for training of primary health care physicians in geriatrics.

 

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