CYIL vol. 10 (2019)

CYIL 10 ȍ2019Ȏ HUMAN RIGHTS OF OLDER PERSONS IN INTERNATIONAL LAW and Political Rights and on Economic, Social and Cultural Rights (ICCPR, ICESCR) or the 1979 CEDAW, the 1990 ICMW or the 2006 CRPD. These provisions constitute the second type of hard law rules applicable to older persons. 15 Provided that they do not refer to this category expressly, there is a crucial role for the judicial or quasi-judicial organs monitoring the implementation of and respect for the relevant treaties. Though their positions, comments on national reports, views expressed in individual complaints, or general comments are not legally binding, the interpretation of the treaty provisions that they provide is seen as a useful means for helping to understand the extent and content of these provisions. With respect to older persons, the most important “case law” includes General Comment No. 6 on the economic, social and cultural rights of older persons , issued by the Committee on Economic, Social and Cultural Rights in 1995, 16 General Comment No. 20 on Non-discrimination in economic, social and cultural rights, issued by the same Committee in 2009, 17 and General Recommendation No. 27 on older women and protection of their human rights , adopted by the Committee on the Elimination of All Forms of Discrimination against Women in 2010. 18 Due to the scarcity of hard law rules, various soft law instruments have been adopted over the years to suggest standards that should guide States in this area. The soft law instruments encompass documents adopted at the two World Assemblies on Ageing and resolutions by the UN General Assembly which largely follow these documents. The World Assemblies on Ageing took place in1982 (Vienna) and in 2002 (Madrid). The two events both led to the adoption of a plan of action on ageing. 19 The Vienna plan of action defines general principles, including those of inter-generational solidarity and active participation of older persons in the formulation and implementation of policies; and then makes recommendations for actions for States, related for instance to health and nutrition, protection of elderly consumers, housing and environment, income security or education. The Madrid plan of action starts with a political declaration in which States express their commitment to actions in three priority areas – older persons and development; advancing health and wellbeing into old age; and ensuring enabling and supportive environments. The declaration is followed by an international plan which defines concrete issues and objectives falling under each of the three areas. The Madrid plan declares “the full realization of all human rights and fundamental freedoms of all older persons” 20 as one of its central themes. 15 Interestingly enough, during the elaboration of the Covenants, the possibility of including a reference to older persons was contemplated. The reference, proposed by India, was supposed to be inserted in Article 9 of the ICESCR relating to the right to social security. The proposal was refuted on the ground that the rights of older persons would be dealt with in a separate convention. Such convention, however, has never been adopted. CRAVEN, Matthew C. V., The International Covenant on Economic, Social and Cultural Rights: A Perspective on Its Development, Oxford: Clarendon Press, 1995, p. 25, ftn. 149. 16 UN Doc. E/1996/22, General Comment No. 6: The Economic, Social and Cultural Rights of Older Persons, 8 December 1995. 17 See UN Doc. E/C.12/GC/20, General Comment No. 20: Non-discrimination in economic, social and cultural rights, 2 July 2009. 18 UN Doc. CEDAW/C/2010/47/CG.1, General recommendation No. 27 on older women and protection of their human rights, 19 October 2010. 19 See UN, Vienna International Plan of Action on Ageing, New York: United Nations, 1983; and UN, Madrid International Plan of Action on Ageing , New York: United Nations, 2002. 20 UN, Madrid International Plan of Action, op. cit. par. 12(a).

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