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What are the human rights of older people?

4 min read

According to the World Health Organization, around 1 in 6 people aged 60 and older experienced some form of abuse in a community setting last year. These alarming statistics highlight the urgent need to understand and protect the fundamental human rights of older people, which include dignity, freedom from discrimination, and access to proper care.

Quick Summary

The fundamental human rights of older people encompass independence, participation, care, self-fulfillment, and dignity. They face specific challenges, including ageism, abuse, and discrimination. Protecting these rights requires strong legal frameworks, community-based support, and increased public awareness.

Key Points

  • Universal Rights: Older people hold the same universal human rights as all individuals, covering dignity, liberty, and freedom from discrimination.

  • Core Principles: The UN principles for older persons focus on independence, participation, care, self-fulfillment, and dignity as fundamental areas of focus.

  • Ageism as a Challenge: Ageism is a primary driver of human rights violations, manifesting as negative stereotypes and discriminatory actions.

  • Protection Gaps: There is no dedicated UN convention for the rights of older persons, leaving legal protections inconsistent and potentially inadequate compared to other groups.

  • Abuse is Widespread: Elder abuse, including physical, emotional, and financial harm, is a serious and often underreported violation of human rights in both community and institutional settings.

  • Promoting Change: Effective protection involves strengthening legal frameworks, combating ageist attitudes, expanding community support services, and advocating for more robust international standards.

In This Article

What Are the Key Principles for the Human Rights of Older People?

Just as with any other age group, older adults are entitled to the full range of universal human rights, including civil, political, economic, social, and cultural rights. The United Nations Principles for Older Persons, outlined by the OHCHR, are often used as a framework to understand these rights within the context of aging. The principles emphasize five core areas: independence, participation, care, self-fulfillment, and dignity.

Independence

Older persons should have access to essential resources like food, water, shelter, clothing, and healthcare to maintain well-being and independence. This also includes opportunities for work or income generation and the ability to decide on retirement. They have the right to live in safe, adaptable environments that support their preferences and capacities, allowing them to remain at home as long as possible.

Participation

Integration into society is crucial, allowing older persons to actively participate in policy decisions affecting them. Opportunities for community contribution through volunteering and sharing skills are important. The right to form associations is also a key aspect of participation.

Care

Older persons should receive support from family and community, aligned with cultural values. Access to healthcare is essential for physical and mental health. Even in care facilities, they retain their human rights, including dignity, privacy, and control over their lives.

Self-Fulfillment

The right to develop one's potential throughout life is important. Access to educational, cultural, spiritual, and recreational resources supports this.

Dignity

Older persons must live in dignity and security, free from exploitation, abuse, and neglect. They should be treated fairly without prejudice based on age or other characteristics.

Challenges to Protecting the Human Rights of Older People

Despite international frameworks, older people globally face widespread human rights violations. Several challenges contribute to this issue:

  • Ageism: Systemic age-based discrimination, or ageism, is a root cause of human rights violations. It is embedded in negative societal stereotypes that can lead to exclusion and deny older people their rights in employment, healthcare, and social contexts.
  • Inadequate Legal Protection: The international human rights system has been slow to address the unique challenges older people face. Unlike children or people with disabilities, there is currently no universal, legally binding international convention specifically for the rights of older persons.
  • Abuse and Neglect: Elder abuse is a significant problem, often going undocumented. Abuse can take many forms, including physical, emotional, financial, and neglect, and occurs in both community and institutional settings.
  • COVID-19 Impact: The COVID-19 pandemic exacerbated existing human rights violations, exposing how systemic ageism resulted in older persons being isolated and denied health services.

Comparison of Rights-Based and Welfare-Based Approaches

Feature Rights-Based Approach Welfare-Based Approach
Core Philosophy Views older persons as active rights holders with inherent entitlements. Considers older persons as passive beneficiaries of support and assistance.
Focus Empowering older individuals to exercise their rights and freedoms. Providing social programs and welfare services to meet basic needs.
Problem with Ageism Recognizes and actively combats ageism as a form of discrimination. May inadvertently reinforce ageist stereotypes by portraying older people as dependent and vulnerable.
Accountability Holds states accountable for ensuring older people can enjoy their human rights. Accountability is often limited to the provision of services rather than ensuring a full spectrum of rights.
Result Aims for an age-neutral society where older adults are fully included and can contribute. Can lead to marginalization if programs do not address the root causes of discrimination.

The Path Forward: Promoting and Protecting Rights

Several measures are necessary to better protect the human rights of older people:

  • Advocate for a UN Convention: A dedicated UN Convention on the Rights of Older Persons is increasingly seen as necessary to provide a stronger framework and accountability.
  • Combat Ageism: Public awareness and education are key to challenging negative stereotypes and fostering respect for older adults' contributions.
  • Enhance Legal Frameworks: Governments must strengthen laws to prohibit age discrimination in areas like employment and healthcare. The U.S. Older Americans Act is one example.
  • Increase Social Supports: Investing in community services like transportation and meal delivery helps older adults maintain independence.
  • Strengthen Elder Abuse Prevention: Improved reporting and response systems for abuse are needed, including caregiver training and data collection.
  • Support Advocacy Organizations: Groups like AARP and the National Council on Aging advocate for older persons' rights and provide resources.

Conclusion

Understanding what are the human rights of older people is vital for creating a society that values all ages. While universal rights apply, older adults face unique challenges requiring specific protections. Combating ageism, strengthening laws, and ensuring robust support systems are crucial for older people to live securely and participate fully. Protecting the human rights of older people is about upholding the dignity and equality of everyone.


Visit the Office of the United Nations High Commissioner for Human Rights (OHCHR) to learn more about their work and advocacy for the rights of older persons.


Frequently Asked Questions

Ageism is the prejudice and stereotyping based on a person's age. Age discrimination refers to the action or practice of discriminating against an individual or group based on that ageist prejudice. In essence, ageism is the attitude, while age discrimination is the behavior.

While general human rights treaties apply to older persons, there is currently no universal, legally binding UN convention specifically dedicated to their rights. Advocacy groups are pushing for a new convention to better address the unique challenges of aging.

To protect an older person from financial exploitation, you can help them establish a financial power of attorney, monitor their accounts for suspicious activity, and report any signs of abuse to local adult protective services or legal aid.

Families play a critical role as advocates and providers of support, ensuring their loved ones receive respectful care and that their wishes are honored. Active involvement helps monitor healthcare, manage legal affairs, and provide essential emotional companionship.

Yes, older adults have the right to make their own healthcare decisions. They must be fully informed of their medical condition and the potential consequences of refusing treatment, but they retain the right to refuse it.

Older persons in care facilities retain fundamental human rights, including dignity, privacy, and respect for their beliefs. They have the right to be free from abuse and neglect, make decisions about their care, and voice grievances without fear of reprisal.

Technology can help maintain independence by enabling access to services, communication with family, and remote health monitoring. Digital literacy programs and accessibility features can empower older adults and prevent social isolation.

References

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Medical Disclaimer

This content is for informational purposes only and should not replace professional medical advice. Always consult a qualified healthcare provider regarding personal health decisions.