CYIL Vol. 7, 2016

VERONIKA BÍLKOVÁ CYIL 7 ȍ2016Ȏ UN Principles for Older Persons). In 2015, the very first convention devoted in its entirety to the human rights of older persons, the Inter-American Convention on Protecting the Human Rights of Older Persons, saw the light of the day within the OAS. It might soon be followed by a similar instrument adopted by States of the African Union ( Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Older Persons in Africa ). No such instrument exists at the universal level, although its elaboration has for some years now been advocated for by certain States, scholars and NGOs. The international regulation of the human rights of older persons thus remains scattered and incomplete, failing to respond to the special group-based vulnerability of older persons. Several arguments have been raised against a (potential) new UN convention for the protection of the human rights of older persons. Some claim that the current legal framework is sufficient and what is needed is simply to improve its implementation. There is some truth to it. Yet, the adoption of a new convention might actually be the best way to this aim. The instrument could concretize general human rights obligations to the particular context of older persons, it could establish more effective and older persons-centred monitoring mechanisms and it could also increase the overall visibility of this issue at the international scene. Another argument against a new convention warns against negative consequences that its adoption could have, mainly by reifying a certain conception of old age and fostering negative stereotypes about older persons. This is a serious concern that should not be discarded lightly. Yet, rather than discouraging States from adopting a new convention, it should lead them to proceed cautiously, considering the broader context and the un/intended consequences that the instrument could have. By 2050, one fifth of the world population is expected to be above 60 and the life expectancy should surpass 75-80. A new convention on the protection of the human rights of older persons could help ensure that not only we will live longer but that our longer lives will be worth living.

196

Made with