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VERONIKA BÍLKOVÁ
CYIL 7 ȍ2016Ȏ
writing of this article, it has borne six signatures.
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As the OAS Secretary General Luis
Almargo rightly stated, the adoption of the Convention is
“a very important step for
everyone”.
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No similar instrument exists so far either at the universal level or within
other regions.
Outside Europe and the Americas, provisions concerning older persons or at
least some categories thereof, can be found in human rights instruments adopted
within the African Union (Article 22 of the 2003
Protocol to the African Charter
on Human and Peoples’ Rights on the Rights of Women in Africa,
relating to Special
Protection of Elderly Women; and Article 25 of the 2016
Protocol to the African
Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities in
Africa,
on older persons with disabilities) and the ASEAN (Article 4 of the 2012
Declaration on Human Rights
, including the elderly among the groups whose rights
are
“an inalienable, integral and indivisible part of human rights and fundamental
freedoms”
). Certain other instruments stress the duties towards parents and older
members of the family (Article 29 of the 1981
Africa Charter on Human and Peoples’
Rights
and Article 7(c) of the 1990
Cairo Declaration on Human Rights in Islam
).
Over the two past decades, moreover, events relating to ageing have become more
common in virtually all the regions, in reflection of the global nature of the process.
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It is useful to mention that Africa might soon join the Americas in having
a specific human rights instrument on the right of older persons. In 2009, a Working
Group on Rights of Older Persons and People with Disabilities was established in the
African Union, with the task of drafting a new instrument relating to older persons
and persons with disabilities. The Working Group decided to separate the two topics
and elaborate two draft protocols to the African Charter on Human and People’s
Rights. The one on the persons with disabilities was adopted in February 2016, the
one on older persons was submitted for consideration of States in 2014
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but so far
awaits formal approval. The Draft builds on the five principles identified in the UN
Principles for Older Persons – independence, participation, care, self-fulfilment, and
dignity. It concretizes them in a catalogue of human rights of older persons, among
which dominate economic, social and cultural rights. In a “good” African tradition,
the Draft also contains a provision on duties of older persons, which are those of
mentoring and passing on knowledge to younger generations and fostering inter-
generational dialogue. The monitoring of the implementation of the Protocol would
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The following countries have signed the Convention by 6 July 2016: Argentina, Bolivia, Brazil, Chile,
Costa Rica, and Uruguay.
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OAS,
The Americas Becomes First Region in the World to Have an Instrument for the Promotion and
Protection of the Rights of Older Persons,
Press Release E-198/15, 15 June 2015.
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See, for instance,
Summary of Proceedings of the International Workshop Human Rights Of Older Persons
In Asia Pacific Region. Focus On Health And Wellbeing
, Thiruvananthapuram, India, June 4-6, 2012.
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See CAMSD/EXP/4(IV),
Draft Protocol to the African Charter on Human and Peoples’ Rights on the
Rights of Older Persons in Africa,
May 2014.