Human Rights & Older People

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Human Rights & Older People Co. Wicklow Network for Older People Friday 16 th May 2014 Brockagh Resource Centre

Age Action Ireland Non-government organisation that campaigns for better policies and services for older people Membership based Policy and advocacy Information service Care and repair service Advocacy in nursing homes Intergenerational programme Global ageing and development Getting started computer & IT training

Human Rights Introduction Human rights history and evolution Universal Declaration of Human Rights (UDHR) 1948 Human Rights are rights which belong to every individual simply because we are human beings. They are about human dignity as opposed to simply human needs or charity Language of human rights recognises that people are social beings and not just human beings They embody the basic standards without which people cannot realise their inherent human dignity

Human Rights cont. Based on the UNDR declaration, the United Nations developed Conventions which are legally binding They are a common minimum standard set of rights that Governments sign up to. Some Conventions are universal and some have been developed to address groups of people who experience particular discrimination or need particular protection Examples include the Convention on the Rights of the Child, the Convention on the Elimination of all forms of Discrimination Against Women the Convention on the Rights of Persons with Disabilities

Human Rights & Older People 9 International Human Rights Convention but none on older people & older people not specifically mentioned International Covenant on Civil and Political Rights and International Covenant on Economic, Social & Cultural Rights, are universal but do make reference to older people Older people rarely mentioned in commentary or recommendations made by the Committees established to monitor compliance with the Conventions Clear gap in current human rights infrastructure

What would a Convention do? A new Convention would articulate how each human right specifically applies to older people and what measures Governments must take to comply with it Articles would deal with, e.g. Protection from elder abuse Support in care settings (in nursing homes, in palliative care settings and in the community) Access to social security or pensions Access to age appropriate healthcare Protection from age discrimination

What would the benefits be? A Convention is legally binding on the Governments that ratify it Governments would have to report periodically to the UN on how they are complying with the Convention Civil society (NGOs) can provide shadow reports on the Governments own report and use the recommendations UN make to campaign for change, e.g. Children s Rights Alliance Individuals could make direct complaints to the UN if their rights have been violated (and all domestic remedies have been exhausted) Potential for a national monitoring body

What would the benefits be? Population ageing more older people in Ireland and globally, the number of people whose rights may be violated increasing at a huge pace We are all ageing it is not just an issue for older people now, we will all (hopefully!) reach old age Ageism and age discrimination, need a cultural shift in how older people are perceived a new Convention would increase the visibility of older people Move towards older people being viewed as rights holders rather than recipients of charity or welfare

Will we get a Convention? The General Assembly at the UN established the Open Ended Working Group on Ageing (OEWGA) in 2010 to strengthen the protection of the human rights of older people Meets once a year for a number of days at the UN in New York In 2012 the General Assembly mandated the OEWGA to consider and report on what should go into a new international legal instrument on older people s rights Current lack of consensus Need to ensure the lived experience of older people is heard when the Convention is being drafted

How can you help? Write to your local TD Bring it up with MEP candidates Sign our petition Feed in to any consultation processes on a Convention Link in with the new UN Independent Expert on the Rights of Older People

Charter & Commissioner Main difference between a Convention and a Charter is that a Charter would not be legally binding Wales is looking at introducing a Charter or Declaration of the Rights of Older People - sets out the rights that older people have in current law Wales and Northern Ireland have an Older Person s Commissioner which is an independent public body whose aim is to safeguard and promote the interests of older people

A human rights based approach Using a human rights based approach (HRBA) gives human rights law meaning to people s lives, brings the law to life HRBA includes the following principles: Using human rights law Non-discrimination or the prioritisation of vulnerable groups Participation and empowerment Accountability

A human rights based approach HRBA can be used in service delivery, in policy making and by communities as well, e.g. Rialto Rights in Action Even when we get a Convention we have to ensure Ireland ratifies it and the rights are implemented and realised for older people on the ground

A human rights based approach Where, after all, do universal human rights begin? In small places, close to home - so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; the neighbourhood he lives in; the school or college he attends; the factory, farm, or office where he works. Such are the places where every man, woman, and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere. Without concerted citizen action to uphold them close to home, we shall look in vain for progress in the larger world. Eleanor Roosevelt, Presentation to UN High Commission, New York, 27th March 1958