The Foundation of a Rights-Based Approach
At its core, a rights-based approach views every individual as a rights-holder, entitled to certain fundamental freedoms and protections. For older people, this means moving beyond a model of passive welfare recipients to one that recognizes and actively champions their autonomy, dignity, and participation. The Declaration of Rights for Older People in Wales, first published in 2014, was a landmark moment for Wales in advancing this approach, setting clear national direction based on extensive consultation with older people themselves.
Clarifying and Articulating Existing Rights
The Declaration does not create new legal rights but rather brings existing rights, already enshrined in law such as the Human Rights Act 1998 and the Equality Act 2010, to life. By drafting the text in the first person—using phrases like "I have the right to be who I am"—it makes these entitlements simple and relatable for older people. This approach demystifies complex legal language and empowers individuals to understand what they can and should expect from public services and society at large.
Influencing Policy and Practice
The Declaration has been a powerful driver for embedding rights-based thinking into broader Welsh Government policy. Its principles are woven into strategies such as Age Friendly Wales: Our Strategy for an Ageing Society, which emphasizes empowerment, choice, and control for older people. This top-down influence ensures that a rights-based perspective is considered in the design and delivery of services across a wide range of areas, including health, housing, and social care. For instance, the Social Services and Well-being (Wales) Act 2014 legislates for a rights-based approach by ensuring citizens are treated as equal partners in their care and support.
The Role of Empowerment and Accountability
A rights-based approach hinges on both empowering individuals and holding institutions accountable. The Declaration's focus on clear, accessible language is a key aspect of empowerment. When older people know their rights, they are better equipped to challenge unfair treatment and participate in decisions that affect their lives. The Welsh Government and the Older People's Commissioner for Wales work with stakeholders to raise awareness and monitor the Declaration's impact, ensuring that its principles are reflected in practice. This continuous scrutiny and promotion foster a culture of accountability among public bodies, driving genuine service improvement.
The UN Principles and Broader Context
The Declaration is informed by international standards, specifically the United Nations Principles for Older Persons, which focus on independence, participation, care, self-fulfillment, and dignity. While these UN principles are not directly enforceable, their incorporation into Welsh policy provides a powerful ethical and moral framework. By aligning local policy with global human rights standards, Wales not only strengthens its own approach but also contributes to the wider movement for older people's rights on an international stage. The Declaration's recognition that older people are a diverse group and that age should not diminish an individual's right to fair treatment is a direct challenge to ageism and age discrimination.
Comparison of the Declaration with Statutory Law
| Feature | Declaration of Rights of Older People in Wales | Statutory Law (e.g., HRA 1998) |
|---|---|---|
| Legal Status | Non-binding, aspirational framework | Legally enforceable and binding |
| Purpose | Clarifies and translates existing rights for practical use; guides good practice | Provides legal backing and redress for human rights breaches |
| Language | Plain English (and Welsh); written in the first person (“I have a right...”) | Formal, legal language; can be complex for a layperson |
| Origin | Co-produced with older people; informed by UN principles | Legislation passed by parliament |
| Mechanism | Promotes awareness and guides service providers on what older people expect | Provides a formal mechanism for legal challenge and redress |
Overcoming Challenges
Even with strong policy frameworks, challenges persist. Ageism is deeply rooted in society and can negatively affect the well-being of older people. The Declaration provides a crucial tool to combat ageist narratives by promoting a positive, rights-based view of aging. It highlights the value and contributions of older people, promoting a culture where they are seen as active participants rather than a burden. Public services also require ongoing support and guidance to fully embed a rights-based approach, and the Declaration and subsequent policies serve as a constant reminder of this commitment. The ongoing work to monitor the Declaration's impact and engage older people in strategy development is vital for ensuring its continued relevance and effectiveness.
Conclusion
The Declaration of Rights of Older People in Wales is a progressive and innovative policy tool that profoundly supports rights-based approaches. It achieves this by translating legal concepts into accessible language, empowering older people with knowledge of their entitlements, and providing a clear framework for public bodies to uphold dignity, respect, and autonomy. By promoting awareness and fostering accountability, the Declaration helps to combat ageism and ensures that older people remain at the heart of policy-making and service delivery, reinforcing Wales' ambition to be the best place to grow older. More information on the broader strategy for an aging society can be found on the Welsh Government website.
