Human Rights Council Hears that Unilateral Sanctions and Over-Compliance Prevent Countries from Guaranteeing the Right to Health, and that the Abuse of Older Persons Requires Urgent Action from States and Other Key Stakeholders

The Human Rights Council this morning held an interactive dialogue with the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights.  It then began an interactive dialogue with the Independent Expert on the enjoyment of all human rights by older persons.

Alena Douhan, Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights, said the enforcement of unilateral sanctions and instances of over-compliance prevented countries from any possibility to exercise fully their obligations to guarantee the right to health.  They also undermined national efforts towards strong and reliable healthcare systems and constituted violations of the right to health by sanctioning States.  Humanitarian exemptions, which often covered medicines and equipment, appeared to be ineffective and inefficient due to complicated, confusing and over-lapping sanctions legislation and the complex and unclear license application procedures, among other reasons. 

Ms. Douhan said the world community was currently facing an expansion of various forms and types of unilateral sanctions applied to all sorts of governmental and non-governmental actors and economic sectors, as well as threats with secondary sanctions, civil and criminal penalties for violations or circumvention of sanctions’ regimes, and consequent growing use of zero-risk policies and over-compliance by banks, producers of goods, delivery and insurance companies and other actors.  The Special Rapporteur urged all States and regional organizations to review measures taken beyond authorisation of the United Nations Security Council, and to lift those which did not fit criteria in full conformity with standards and limitations of the law of international responsibility.

Ms. Douhan spoke about her visit to Syria.  Syria took the floor as a country concerned.

In the discussion, some speakers welcomed the report of the Special Rapporteur and commended her detailed analysis and assessment of the negative impact of unilateral coercive measures on human rights, including the right to the highest attainable standard of mental and physical health.  Unilateral coercive measures, whether of a political or economic nature, had become the preferred tool of certain States to exert pressure, particularly on developing countries.  Some speakers were deeply concerned about these sanctions, which severely disrupted access to vital healthcare, basic necessities, and humanitarian aid for millions.  The Special Rapporteur’s assessment demonstrated how the complexity of unilateral coercive measures, including overlapping sanctions, rendered humanitarian exemptions inefficient.  A number of speakers said they opposed unilateral economic, financial, and commercial sanctions that violated international law and contradicted the principles of the United Nations Charter.

The Council then began an interactive dialogue with the Independent Expert on the enjoyment of all human rights by older persons. 

Claudia Mahler, Independent Expert on the enjoyment of all human rights by older persons, said that violence against, and neglect and abuse of older persons remained an overlooked and pervasive scourge in societies.  Violence against older persons had far-reaching consequences on the mental and physical well-being of millions of older persons worldwide.  Most experts recognised five forms of abuse of older persons, including physical abuse; psychological or emotional abuse; sexual abuse; financial or material abuse; and neglect.  Ms. Mahler recognised an additional form, namely “hate speech against older persons”. 

Ms. Mahler said the abuse of older persons required urgent attention and action from States together with other key stakeholders.  In addition to being a public health issue, it was a global human rights matter.  Arising from domestic and intimate violence approaches, prevention measures appeared as the most cost-effective and long-term way of tackling all forms of violence.  This was why comprehensive prevention strategies were required to address the abuse of older persons.

The Independent Expert spoke about her visits to Nigeria, Bangladesh and the Dominican Republic.  Those three countries took the floor as countries concerned.

In the ensuing discussion, some speakers said the report was a step in the direction of broadening the understanding of the specific context of violence, abuse and neglect of older persons.  With the pace of demographic change continuing to accelerate, the number of older persons continued to increase in all countries, necessitating more far-reaching actions to ensure a “society for all ages”, as envisaged under the Madrid International Plan of Action on Ageing.  The lack of a globally binding international instrument that would cover this issue made the situation worse.  Hate speech against older persons was of particular concern and must be tackled by effective prevention and protection mechanisms as well as ensuring equal access to justice for older persons.  There was concern that older women, who outnumbered older men, often faced multiple and intersecting forms of discrimination. 

Speaking in the discussion on unilateral coercive measures were Venezuela on behalf of a group of countries, Egypt, Iraq, China, Malaysia, Armenia, Zimbabwe, Russian Federation, South Africa, Cameroon, Pakistan, Lao People's Democratic Republic, Cuba, Togo, Venezuela, Mozambique, Belarus, Zambia, Syria, Honduras, Botswana, Iran, Eritrea, Sudan and State of Palestine.

Also speaking were Medical Support Association for Underprivileged Iranian Patients, Caritas Internationalis (International Confederation of Catholic Charities), Al-Haq Law in the Service of Man, Action Canada for Population and Development, Organization for Defending Victims of Violence, Rahbord Peimayesh Research and Educational Services Cooperative, Asociacion Cubana de las Naciones Unidas (Cuban United Nations Association), International Association of Justice Watch, Community Human Rights and Advocacy Centre, and Forum for Development and Human Rights Dialogue.

Speaking in the discussion on older persons were European Union, Oman on behalf of the Gulf Cooperation Council, Bahamas on behalf of a group of countries, Argentina on behalf of a group of countries, Pakistan on behalf of a group of countries, United Nations Women, Sovereign Order of Malta, Portugal, United Arab Emirates, Ecuador, Qatar, Slovenia, Luxembourg, Egypt, Brazil, Germany, Costa Rica, Austria, France, Kuwait, Georgia, Israel, Belgium, Lesotho, Paraguay, Croatia, Iraq, Chile, Gabon, Malta, Saudi Arabia, Ireland, United States, Cyprus, China, Malawi, Bulgaria, Malaysia, Armenia, United Nations Population Fund, Indonesia, Russian Federation,
South Africa, Cameroon, Bangladesh, Angola, Maldives, Namibia, United Kingdom, Tanzania and Panama.

The webcast of the Human Rights Council meetings can be found here.  All meeting summaries can be found here.  Documents and reports related to the Human Rights Council’s fifty-fourth regular session can be found here.

The Council will reconvene at 3 p.m. this afternoon to continue the interactive dialogue with the Independent Expert on the enjoyment of all human rights by older persons, followed by an interactive dialogue on the report of the High Commissioner on promoting and protecting economic, social and cultural rights within the context of addressing inequalities in the recovery from the COVID-19 pandemic.

Interactive Dialogue with the Special Rapporteur on the Negative Impact of Unilateral Coercive Measures on the Enjoyment of Human Rights

Reports

The Council has before it the report of the Special Rapporteur on unilateral coercive measures on the impact of unilateral coercive measures on the right to health (A/HRC/54/23) and the annex to her report on her country visit to the Syrian Arab Republic (A/HRC/54/23/Add.1).

Presentation of Reports

ALENA DOUHAN, Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights, said humanitarian carve-outs formally excluding medical goods from unilateral sanctions restrictions appeared to be inefficient and ineffective, making a detailed assessment of the impact of unilateral sanctions and over-compliance on the right to health so important.  The world community was currently facing an expansion of various forms and types of unilateral sanctions applied to all sorts of governmental and non-governmental actors and economic sectors, as well as threats with secondary sanctions, civil and criminal penalties for violations or circumvention of sanctions’ regimes, and consequent growing use of zero-risk policies and over-compliance by banks, producers of goods, delivery and insurance companies and other actors.

The healthcare system was highly vulnerable to the imposition of unilateral sanctions and to related zero-risk policies due to the deterioration they caused in peoples’ standards of living, and severe disruptions in the purchase and delivery of necessary medicines and equipment.  Over-compliance by businesses prevented access to medicine even in the actual absence of comprehensive or sectoral sanctions.  Even with well-established humanitarian exemptions for medicines and food, businesses were often reluctant to provide medical services or sell medical goods due to the vague or overlapping sanctions regulations. 

Growing mortality rates, reduced life expectancy, rising prevalence of physical and mental health conditions, and disabilities due to lack of timely diagnosis and treatment were just some of the serious tangible consequences, in violation of human rights such as the right to life.  The imposition and implementation of unilateral sanctions and zero-risk policies violated numerous international treaty and customary obligations of States.  The enforcement of unilateral sanctions and instances of over-compliance prevented countries from any possibility to exercise fully their obligations to guarantee the right to health.  They also undermined national efforts towards strong and reliable healthcare systems and constituted violations of the right to health by sanctioning States.  Humanitarian exemptions, which often covered medicines and equipment, appeared to be ineffective and inefficient due to complicated, confusing and over-lapping sanctions legislation and the complex and unclear license application procedures, among other reasons. 

Ms. Douhan said her country visit to Syria in October–November 2022 demonstrated the catastrophic humanitarian impact of the primary and secondary sanctions de-risking policies and over-compliance with sanctions on a country already affected by 12 years of conflict and the COVID-19 pandemic, among other factors.  The qualification of Syria as a State sponsoring terrorism, imposing sanctions grounded in proclamations of the state of emergency, and blocking of the foreign assets and property of the Syrian Central Bank, violated fundamental principles of international law.  The scope of unilateral sanctions and over-compliance had a comprehensive effect on Syria, thus isolating the country as a whole, preventing it from development, maintenance and rehabilitation of critical infrastructure already severely affected by 12 years of conflict. 

The whole Syrian population lived in life-threatening conditions with severe shortages of drinking water, sewage facilities, electricity, transportation, agriculture and food.  The deteriorating economic and humanitarian situation disproportionately affected those in vulnerable situations.  Reports referred to the severe shortage of numerous types of medicine, lack of medical professionals, and late diagnostic, which resulted in growing mortality rates of people suffering from various types of diseases.  Existing humanitarian carve-outs were ineffective and inefficient, limited to humanitarian short-term interventions rather than development. 

Ms. Douhan urged all States and regional organizations to review measures taken beyond authorisation of the United Nations Security Council, and to lift those which did not fit criteria in full conformity with standards and limitations of the law of international responsibility.  States should exercise due diligence under international law and take all possible legislative, institutional and administrative measures to avoid over-compliance and ensure that the activity of private businesses under their jurisdiction did not violate human rights extraterritorially.  Unilateral sanctions should never affect the functioning of critical infrastructure relevant to healthcare, food, agriculture, electricity, water supply, irrigation, sanitation, seeds and fertilizers.  She urged businesses to avoid zero-risk policies and over-compliance which were incompatible with their obligations under the Guiding Principles on Business and Human Rights framework.  She called for countries imposing sanctions to forget about the principled position of their country and to consider the report as a genuine account of the suffering of those whose well-being was being threatened, due to sanctions-induced restrictions, among other factors and situations.  No reference to unintended consequences of unilateral sanctions could justify violations of fundamental human rights.

Statement by Country Concerned

Syrian Arab Republic, speaking as a country concerned, said the analysis was objective and the Special Rapporteur had a professional approach, giving an opportunity to assess the impact of unilateral coercive measures, the resulting violations of a wide range of human rights, and the major challenges at the humanitarian level.  These measures were a crime against humanity against the entire Syrian people.  Unilateral coercive measures imposed on the Syrian people were a violation of international law and a violation of the Syrian people collectively, denying them their basic rights, including the rights to life, healthcare, education, work and development, having undermined the ability to respond nationally and internationally to the difficult reality left behind by terrorism, the COVID-19 pandemic, and recent natural disasters. 

The multiple wide-ranging and multilateral regimes of unilateral coercive measures had a deliberate intention of isolating the country, suffocating its economy, and impeding its ability to respond to basic needs and advance the country’s construction.  The financial measures had completely impeded the provision of life-saving medication for chronic and life-threatening diseases and the ability to carry out life-saving medical operations.  There was no possibility of benefiting from the promises made post-disaster.  It was important to implement the recommendations of the Special Rapporteur without delay, in particular those related to adhering to the United Nations Charter and the rules and principles of international law, in particular those on sovereignty and non-interference in a country’s internal affairs.  Those most affected by these measures were the most vulnerable, such as women, children and the poor, and the only way to improve their situation was by lifting these catastrophic sanctions. 

Discussion

A number of speakers welcomed the report of the Special Rapporteur and commended her detailed analysis and assessment of the negative impact of unilateral coercive measures on human rights, including the right to the highest attainable standard of mental and physical health.  The Special Rapporteur’s dedication and unwavering commitment to carry out her mandate, even in the face of complex challenges, was appreciated.  Her work in developing tools to give greater visibility to the negative impact of unilateral coercive measures on affected populations was professional and balanced.  The sanctions research platform and the assessment tool were valuable steps taken by the Special Rapporteur to give more clarity to the suffering of people living under sanctions.  Ms. Douhan was urged to continue her important work.

Some speakers said today, the world faced a proliferation of sanctions, including extended secondary sanctions and excessive adherence to unilateral sanction regimes, leading to a major health crisis.  Unilateral coercive measures, whether of a political or economic nature, had become the preferred tool of certain States to exert pressure, particularly on developing countries.  Speakers were deeply concerned about these sanctions, which severely disrupted access to vital healthcare, basic necessities, and humanitarian aid for millions.  Over-compliance with secondary sanctions had a negative impact on vulnerable groups, especially women, children, persons with disabilities, those with chronic or severe illnesses, and the elderly, who depended on social and humanitarian assistance. 

It was regretful that the vicious practice of applying unilateral coercive measures had recently expanded and led to an even greater deterioration in the socio-economic situation of general populations, depriving or restricting their access to the necessary medicines and thereby endangering people's lives and health.  The Special Rapporteur’s assessment highlighted how unilateral sanctions affected various aspects of the right to health, including access to healthcare and nutrition, and access to and the delivery of vaccines and medical equipment, even during situations of emergencies.  It also demonstrated how the complexity of unilateral coercive measures, including overlapping sanctions, rendered humanitarian exemptions inefficient.

Some speakers reiterated serious concern at the growing resort to unilateralism, marked by isolationist and arbitrary actions which violated the Charter of the United Nations and the norms of international law.  They opposed unilateral economic, financial, and commercial sanctions that violated international law and contradicted the principles of the United Nations Charter.  These measures not only hindered economic development essential for achieving the Sustainable Development Goals, but harmed the well-being of both the affected population and the global community.  These measures had a detrimental impact on States’ stability, and freedom of trade, investment and development.  They also hampered the economic and social advancement and development of all peoples, and the full realisation of their human rights. 

Several speakers reiterated the call for the United Nations, non-governmental organizations, and humanitarian actors to work together to mitigate unilateral sanctions and implement measures to alleviate the impact of these measures on global health and well-being.  All States needed to always take humanitarian concerns into account when deciding on the application or implementation of any unilateral measures.  Speakers stressed the need for clear legal exceptions for humanitarian goods, including food, medicines and medical equipment.  States should opt for solutions based on the fundamental principles of international law, including equity, sovereignty, mutual respect, self-determination and non-intervention in internal affairs. 

Some speakers conveyed support to countries and their peoples who were subjected to unilateral and arbitrary approaches that violated the Charter of the United Nations and the basic norms of international law.  One speaker asked for the Special Rapporteur’s insight to address the complexity arising from the expansion of sanctions concerning the preservation of global health.  What support could the international community provide to ensure the effectiveness of the sanctions research platform?

Concluding Remarks

ALENA DOUHAN, Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights, said she was ready to hear the information provided by all stakeholders to address the most urgent issues.  On a mechanism that could be taken to implement recommendations made in the report and what could be done to address the access to health in the case of unilateral sanctions, she called on all interlocutors to address the recommendations made in the report, not just States, but also all United Nations institutions and agencies.  It was extremely important to start establishing the mechanisms which would allow the victims to access justice.  The report invited the United Nations treaty bodies to start to take into account the human rights impacts of unilateral coercive measures on those rights covered by their treaties through their general comments.  The issue should also be addressed in the Universal Periodic Review and the mechanism dealing with the Sustainable Development Goals, and she hoped the issue would be raised more actively. 

Ms. Douhan said she would continue to work on individual communications, such as on the unavailability of access to health and medical equipment, and urged all to continue to submit recommendations linked to this issue.  She was working on launching a sanctions-monitoring and –assessment tool, and invited all to contribute to the establishment of this mechanism, which would make it easier in the future to discuss the impact on rights and the opportunities for redress for victims.  It was important for all to collaborate on this, as it was impossible for the mandate on its own to make progress.  The majority of the unilateral coercive measures applied today violated many international legal norms: this was undeniable.  Their negative humanitarian impact, in particular on the right to health, was also undeniable.

Interactive Dialogue with the Independent Expert on the Enjoyment of All Human Rights by Older Persons

Reports

The Council has before it the report of the Independent Expert on the enjoyment of all human rights by older persons on violence against and abuse and neglect of older persons (A/HRC/54/26), and addenda on her country visits to Nigeria (A/HRC/54/26/Add.1)., Bangladesh (A/HRC/54/26/Add.2). and the Dominican Republic (A/HRC/54/26/Add.3).

Presentation of Reports

CLAUDIA MAHLER, Independent Expert on the enjoyment of all human rights by older persons, said the report focused on violence against, and neglect and abuse of older persons, which remained an overlooked and pervasive scourge in societies.  Violence against older persons had far-reaching consequences on the mental and physical well-being of millions of older persons worldwide.  Until today, combatting violence against older persons was not a priority area at national, regional nor global levels.  The limited understanding of the phenomenon, which led to a lack of prioritisation, may on the one hand be part of a taboo but might also be resulting from a lack of research.  Abuse of older persons had already intensified during ongoing crises like the COVID-19 pandemic, ongoing armed conflicts and the recent impacts of climate change.

Most experts recognised five forms of abuse of older persons, including physical abuse; psychological or emotional abuse; sexual abuse; financial or material abuse; and neglect.  Ms. Mahler recognised an additional form, namely “hate speech against older persons”.  In the absence of an international legally binding instrument dedicated to the human rights of older persons, existing international human rights standards provided scattered protection against violence, abuse, and neglect of older persons: specific international provisions tailored to the unique risks of older persons were still lacking.  The abuse of older persons found its root cause in the existence and prevalence of ageism in societies.  Furthermore, the intersection of age with other factors of discrimination increased the risk of older persons facing abuse.  Multiple and intersectional forms of discrimination aggravated existing barriers in accessing basic services, including health care, housing, employment and education, leading to situations of increased vulnerability that were a fertile ground for all forms of violence.

Abuse of older persons required urgent attention and action from States together with other key stakeholders.  In addition to being a public health issue, it was a global human rights matter.  Arising from domestic and intimate violence approaches, prevention measures appeared as the most cost-effective and long-term way of tackling all forms of violence.  This was why comprehensive prevention strategies were required to address the abuse of older persons.  The issue of abuse of older persons should not be addressed in silos.  Collaboration among various sectors, such as health, justice, and civil society, was crucial for the effective prevention and protection of the older population.

The Independent Expert visited Nigeria and noted that ageism and age discrimination were pervasive in the country.  Poverty in old age was rampant and exacerbated by age-based discrimination in employment and the lack of appropriate social protection floors.  She recognised the country’s recent efforts and commitment towards the enjoyment of all human rights by older persons with the adoption of the National Policy on Ageing and the establishment of the Senior Citizens Centre and its pioneer work since 2021.

During her visit to Bangladesh, the Independent Expert paid particular attention to the impact of climate change on the older Bangladeshi population.  The resilience of older persons showed in the face of recurring natural and climate-change induced disasters was to be hailed.  While acknowledging the magnitude of the climate change on the country, meaningful action to mitigate the impacts of climate change on older persons must be taken.

On her visit to the Dominican Republic, the Independent Expert noted that demographic change towards an ageing society had been taking place over the past decade.  Several challenges remained to be addressed to ensure the realisation of the human rights of older persons.  Ageism was rampant in Dominican society.  Eliminating structural barriers to the enjoyment of the right to health by older persons and ensuring access and affordability to health care on an equal basis with other age groups of the population was of utmost importance.

Statements by Countries Concerned

Bangladesh, speaking as a country concerned, thanked the Independent Expert for her visit to Bangladesh and for her report submitted to the Council.  The present Government sought to uphold the rights of elderly people in the country through legal and policy interventions and the implementation of long-term programmes.  The national action plan for the implementation of the National Elderly Policy had been adopted in 2015.  The National Committee for the Welfare of the Elderly Population was formed in 2017.  Bangladesh had put in place robust social protection programmes for elderly persons, including the old age allowance which had been increased, with 5.8 million people now benefiting from this allowance.  The Government had focused on ensuring gender equality in the social safety net from the very beginning of the inception of the programme. 

At least 50 per cent of women were required to be included in the provision of the old age allowance and other social safety nets.  A new law prohibited children from sending their parents to old persons’ homes which were out of reach, and also enabled aggrieved parents to file complaints against their children.  A universal pension scheme had been implemented which aimed to bring the country’s growing elderly population under a sustainable social safety net.  This would benefit the elderly population if they became jobless, or faced disease or poverty.  The anti-discrimination law was being reviewed to account for age as a case for discrimination.  The Government maintained a strong relationship with civil society, with the aim of empowering elderly people through participation. 

Dominican Republic, speaking as a country concerned, said the work of the Independent Expert to promote and protect the rights of older persons was commended.  The Government welcomed positively the observations and recommendations made in the report, and hoped they would contribute to making progress in laws and public policies and the administrative measures the country took.  Her assessment of the human rights situation of older persons was not only a call for action but also a reminder of the moral and legal responsibility to ensure dignity and well-being for all members of society regardless of their age.  The Dominican Republic had achieved much but acknowledged that many challenges remained to be overcome. 

Older persons had a wealth of experience and deserved to be treated with utmost respect and consideration; however, they often faced significant challenges, including discrimination, lack of access to services, and violence.  These undermined the fundamental principles of equality and justice, fundamental principles that should lie at the heart of society.  The Dominican Republic would continue to take concrete measures to tackle these issues, including by promoting policies guaranteeing access by older persons to quality medical care, and the promotion of their social inclusion and active involvement in decisions affecting their lives.  Their contributions would be valued: their experience and wisdom were invaluable assets which should be taken full advantage of.  The promotion of the rights of older persons was not only an imperative but also a fundamental requirement for creating fair and more equitable societies.

Nigeria, speaking as a country concerned, thanked the Independent Expert for the comprehensive report, which recognised Nigeria’s steadfast dedication to the rights and freedoms of the elderly population.  However, the report fell short of highlighting the nation’s many sustainable mechanisms, legislation and policies in this regard.  The rights of older persons were protected under the fundamental principles of the National Aging Roadmap 2022-2032 and the National Plan on Aging.  The Government had made tremendous strides to ensure that legislative frameworks met the needs of senior citizens, including through the enactment of the National Citizens Centre Act of 2017 and the implementation of the National Policy for Aging. 

Shelters and hotlines had been established to combat violence and abuse against older persons in Nigeria and were already operational in 29 states.  The health coverage for older persons in the country had been improved through an act, which provided specific provisions for older and vulnerable individuals, enabling them to have access to health insurance without having to pay premiums.  The Government had commenced the process of ratifying the African Charter on the Rights of Older Persons.  Nigeria underscored the importance of a United Nations convention on older persons.  Such a universally binding agreement would strengthen accountability and peer reviews.  

Discussion

In the ensuing discussion, some speakers said the report was a step in the direction of broadening the understanding of the specific context of violence, abuse and neglect of older persons.  The report analysed important facts, highlighting the existence of the phenomenon.  The first step to be taken was to ensure all forms of access to data on the issue, and providing safe channels for redress for victims.  With the pace of demographic change continuing to accelerate, the number of older persons continued to increase in all countries, necessitating more far-reaching actions to ensure a “society for all ages”, as envisaged under the Madrid International Plan of Action on Ageing.  The lack of a globally binding international instrument that would cover this issue made the situation worse.

Older persons faced particular challenges in the enjoyment of their rights, with ageism being a significant risk factor for violence, abuse and neglect of older persons.  Hate speech against older persons was of particular concern and must be tackled by effective prevention and protection mechanisms as well as ensuring equal access to justice for older persons.  There was concern that older women, who outnumbered older men, often faced multiple and intersecting forms of discrimination.  More disaggregated data was required to allow States to create targeted policies for dealing with these phenomena. 

It was true that in periods of crises like the ones the world was experiencing – the COVID-19 pandemic, armed conflicts and climate change - the situation of older persons may not have received the necessary attention.  A number of speakers said ageism as such was a phenomenon affecting a proportion of the world population constantly on the rise.  It was hence of utmost importance that the international community raised its awareness of the necessity to address this growing part of societies and mobilised adequate resources so as to ensure for these people the full enjoyment of all their rights and the exclusion of any abuses.

Some speakers agreed with the report regarding the intersectionality of challenges faced by older persons, including those who were women, persons of African descent, indigenous peoples and persons with disabilities, as well as those in other vulnerable situations, which rendered them more likely to experience violence, abuse and neglect.  The reality of climate change, including increased frequency and intensity of extreme weather events, further compounded the magnitude of the challenge for Governments which were seeking to uphold the human rights of older persons in societies.

Health and care were important to the enjoyment of rights by older persons; accordingly, the international community should consider building on the recommendations developed by the Independent Expert relating to improved access to quality assistive technologies for older persons to maintain their independence and allow them to age with dignity.  These may include inter alia technologies for enhancing mobility, hearing or vision, and improving communication and cognition.

Speakers denounced and condemned all forms of discrimination, including age-based discrimination, and strongly condemned all forms of violence and neglect against older persons.  Further, there was deep concern at the high rate of homicides of older women in many countries.  Data on violence experienced by older women, including on restraint, ostracization or neglect, remained largely unavailable.  Less than 10 per cent of eligible data on intimate partner violence captured the prevalence of this violence against women aged 50 and older.  In this context, speakers echoed the Independent Expert’s recommendation for States to include indicators on old age in data collection on gender-based violence.  United Nations entities should include older age as a cross-cutting issue in their work regarding different forms of violence.

One speaker said there was no reason to separate older persons into separate categories, as they were part of the population as a whole, and separating them into a separate category raised a risk of increased violence directed at them.  The use in the text of language that had not been agreed upon regarding sexual minorities was a distraction and damaged its credibility.  There was no need to adopt a separate convention on ageing to protect ageing persons from violence: current treaties adequately reflected the rights and interest of this category of persons, the speaker concluded.

Among questions raised were: could the Independent Expert elaborate on the link between ageism and its impact on violence and neglect of older persons; could the Independent Expert share some international best practices on ensuring the protection of older persons in the context of climate change induced extreme weather events; what concrete indicators should States develop to assess effectively cases of violence and abuse of older persons; a request for best practices to eliminate structural violence against older persons; how to ensure that violence against older persons was addressed whilst integrating the gender perspective; what would be the best approach to tackle the complexity of ageism to prevent further violence against older persons; how could the current frameworks dealing with violence be made more intersectoral to cover the rights of older persons; and how to ensure that the agency of older persons was included when adopting new legislation.

Intermediary Remarks

CLAUDIA MAHLER, Independent Expert on the enjoyment of all human rights by older persons, thanked speakers for the positive feedback and questions.  Many questions had been asked relating to ageism and stereotypes.  The negative attitudes towards older persons, including ageism, had been particularly prevalent during the pandemic.  Significant structural ageism was still in place, which needed to be combatted.  It was important for the topic of older persons to be introduced in all reporting commitments to the treaty bodies which would provide guidance before a convention on older persons was created.  Data was a key component to provide information on how to best address issues affecting elderly persons.  Intergenerational measures were a good starting point; the youth of today were the elderly people of tomorrow.  Everyone was ageing and wanted to live a dignified life.  There needed to be consideration on how to ensure older persons were part of the digital world and they needed to be taken into account when technology was being used.  Ms. Mahler said she had collaborated with other Special Rapporteurs, including the Special Rapporteur on persons with disabilities and the Special Rapporteur on violence against women.  She reiterated a plea to include older persons in resolutions being presented to the Council, as this group was often overlooked. 

Link: https://www.ungeneva.org/en/news-media/meeting-summary/2023/09/le-conseil-des-droits-de-lhomme-se-penche-sur-les-effets