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CYIL 7 ȍ2016Ȏ TOWARDS A NEW CONVENTION FOR THE PROTECTON OF THE HUMAN RIGHTS
De Hert and Mantovani do, whether
“with regards to a prospective treaty /…/ it is
advisable “to take a few steps back in order to jump””.
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Taking a few steps back does
not mean to abandon the project but, rather, it means to carefully consider all its
implications. Thus, we should jump but before doing so, we should give a thought to
where we want to get (and where we do not want to get), how much energy we are
ready to invest into the exercise and why we have decided to engage in this activity
(instead of jogging or playing chess) in the first place. This consideration will not
probably lead us to miraculous records but it might help us avoid certain holes into
which we might otherwise fall. And if we decide to jump with a pole, it might also
allow us – and the older persons themselves – to get over barriers which have seemed
unsurmountable up to now. And, of course, jumping, and engaging in other forms
of physical (or mental) activity should also increase the chance that we will enjoy our
old age in strong health. Although adopting a convention is obviously not a perfect
analogy to jumping, the reasons underlying it seem to speak, albeit in cautious terms,
in favour of a new instrument. And also in favour of jumping, of course…
Conclusions
The term older persons means different things in different times and places. In
recent years, it has mostly been linked to the global process of ageing which results
from a rapid increase in life expectancy and a changing ration between younger and
older persons.
Viewed from that perspective – which obviously is not the only one we could
embrace – older people are identified on the basis of chronological age as those above 60,
with some regional variations (50 in Africa, 65 in the EU). Older persons clearly
do not constitute a homogeneous group. They have different life stories, different
experience, different skills, different needs, different hobbies, different problems, etc.
Yet, the portraying of the global process of ageing as a negative phenomenon that
places an unprecedented burden on society gives rise to stereotypes and prejudices
against those who are seen responsible for this change, i.e. older persons, thus turning
them into a special social group. The (alleged) members of this (alleged) group may
then be subject to various discriminatory practices and other age-specific human
rights violations (elderly abuse, etc.). They suffer group-based vulnerability which,
although resulting from social construction, is real enough to bring harm on them.
And, consequently, to merit consideration.
The current human rights law extends to older persons as to any other individuals.
Furthermore, over the past decades, special provisions relating to older persons have
been included into binding instruments. The UN and other international organizations
have also issued various soft law documents centred specifically on older persons (the
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DE HERT, Paul, MANTOVANI, Eugenio, Specific Human Rights for Older Persons?,
supra note 71
,
p. 318.