27. INTERNATIONAL HUMAN RIGHTS IN THE ELDERLY

Abstract

Introduction

Attention to the mental health of the elderly and protection of their human rights is receiving increased attention internationally. In addition, how to manage the increasing burden posed by Alzheimer’s disease and related disorders has become an international priority. The COVID-19 pandemic has brought into the forefront the need to also consider protection in humanitarian emergencies.

Methods

The current tools and mechanisms that protect the human rights of the elderly internationally are reviewed with a focus on mental health. The work of international commissions and reports with recommendations are examined. The state of human rights legislation in the Americas, Europe and Africa will be discussed. Examples of laws on human rights protection in specific countries such as India and China will be highlighted.

Results

On December 10, 1948 the General Assembly of the United Nations (UN) adopted resolution 217 A (III) The Universal Declaration of Human Rights. In the 1990’s the UN made a paradigm shift ethically and legally considering the elderly as bearers of rights rather than a vulnerable group requiring protection. The UN does not, however, have a specific treaty or convention regarding human rights of the elderly as part of its human rights system as is the case in relation to other specific groups. Office of the High Commissioner for Human Rights (OHCHR) has recognized this shortcoming, and its impact during the COVID-19 pandemic. In 1996 the Revised European Social Charter, Article 23, the Right of Elderly Persons to Social Protection to ensure the effective exercise of the right of elderly persons to social protection. The European Union has adopted the Charter of Fundamental Human Rights which includes respecting the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural life. The African Charter on Human and Peoples' Rights has the distinction of being the only human rights treaty of its nature that embodies both civil and political as well as economic, social, and cultural rights in the same instrument. The aged and the disabled shall also have the right to special measures of protection in keeping with their physical or moral needs. Arguably, the Americas have gone further than any region in promoting the human rights of the elderly. On June 15, 2015 the OAS adopted the Inter-American Convention on Protecting the Human Rights of Older Persons. The most recent report on the progress of member states in its implementation was in 2022. How to manage the increasing burden of dementia has become a priority for many countries. Numerous countries have launched policies, plans, strategies or frameworks to improve the quality of life of those with dementia and their caregivers. The Alzheimer’s Disease International Kyoto Declaration, 2004 defined ten levels of action for countries to take.

Conclusions

Although many countries have legal and even some constitutional protection of the elderly, this is not universal. The right for the elderly to health and mental health is not yet universally encoded in international legal instruments as is the rights for other vulnerable groups.