Rights to Protect. Contributions for an Inter-American Convention for the Rights of Older Persons

22 February, 2012

Sandra HuenchuanExpert on ageingEconomic Commission for Latin

America and the Caribbean

The consensus built beginning with the Brasilia Declaration

• Technical elements

• Rights to protects

• Broadening of consensus

• Sub-regional perspective

Brazil (2008)

Argentina (2009)

Chile (2009)El Salvador

(2010)

The doctrinal and empirical basis of the proposal

The existing instruments and international policies that recognize the rights of older persons help to identify some general spheres that should be included in a future covention.

Special protection laws for the rights of older persons in Latin America deliver a primary standarization of the rights of older persons.

The situation for older persons allows for the identification of specific areas that require a greater and broader protection by the international community.

Key contents for a convention

Equality and non-discrimination by age

Fundamental human rights and freedoms of a general nature

Rights of particular interest for older

persons

Rights for specific groups

Equality and non-discrimination by age

• Prohibition of all discrimination by reason of age and guarantee all older persons effective protection against discrimination by reason of age and any other motive.

• Adoption of pertinent measures to ensure the realization of reasonable accommodation.

• Adoption of special measures for the protection of older persons.

• Development of specific approaches in ageing policies directed towards older persons in high vulnerability situations, including women, persons with disabilities, migrants and persons in poverty or social marginalization situations, among others.

Fundamental human rights and freedoms of a general nature

• Of life and dignity at the end of life• Physical, patrimonial, mental and emotional integrity, and to not suffer mistreatment • Prevention of torture and cruel, inhumane or degrading treatment or punishment• Personal freedom and security• Freedom of expression and opinion and access to information• Equality before the law• Access to justice• Judicial protection and guarantees • Work• Guarantee of income, social security and retirement• Priority attention• Family protection• Participation in political and public life• Enjoyment of the highest possible level of physical and mental health • Education• Housing and a healthy environment• Awareness, advocacy, etc.

Rights of particular interest to older persons

Right to live in an

independent manner and to be

included in the

community.

Right to an adequate quality of life and

access to adequate

social/protection

services.

Fundamental rights

and freedoms of

persons receiving residential

care.

Rights of particular interest to older persons. O

lder women

Older indigenous persons

Older persons belonging to ethnic, linguistic or religious minorities

Older persons on risky situations and humanitarian emergencies

Enchancers/facilitators for the exercise of the rights of older persons

Affirmative actions

Intergenerational solidarity

Information and data compilation

International cooperation