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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.