United Nations Principles for Older Persons

Review by: CSW63 Delegate Kathleen Montgomery, UN Observer Jill Follows, CSW63 Delegates Savanna Mapelli, Susan Sherer, ErinLeigh Darnley, Sheila Denn, Anu Sahai

Today’s review of the United Nations Principles FOR Older Persons is the next in a year-long series of monthly reviews of United Nations human rights conventions. All of the reviews are written by a team of League members from across the country who are inspired by the League’s history of human rights advocacy and motivated to start a fresh dialogue about the impact these historical UN conventions have today on the League’s principle of Empowering Voters – Defending Democracy. Democratic principles respecting human rights are enshrined in United Nations conventions.

Background: Our previous reviews considered formal United Nations treaties and conventions. Although there is no formal treaty or convention explicitly addressing the concerns of older persons, the United Nations has been far from silent on the issue. In 1991, the UN General Assembly adopted resolution 46/91, PRINCIPLES FOR OLDER PERSONS. This declaration followed the earlier Vienna International Plan of Action on Ageing, an outcome of the First World Assembly on Ageing in 1982. https://www.ohchr.org/EN/ProfessionalInterest/Pages/OlderPersons.aspx


The UN PRINCIPLES FOR OLDER PERSONS encourage governments “whenever possible” to incorporate into their national programs principles that foster independence, care, self-fulfillment, dignity, and participation. Of particular relevance to League of Women Voters’ priorities and activities are the two Principles pertaining to participation of older persons:

7. Older persons should remain integrated in society, participate actively in the formulation and implementation of policies that directly affect their well-being and share their knowledge and skills with younger generations.

8. Older persons should be able to seek and develop opportunities for service to their community and to serve as volunteers in positions appropriate to their interests and capabilities.

Open-Ended Working Group on Ageing (OEWG): Following the adoption of the Principles for Older Persons, the UN convened the Second World Assembly on Ageing in Madrid in 2002, which resulted in the Madrid International Plan of Action on Ageing. https://www.un.org/development/desa/ageing/madrid-plan-of-action-and-its-implementation.html

Frustrated that the Madrid Plan of Action received little attention, the UN General Assembly established the Open-Ended Working Group on Ageing (OEWG) in 2010. The OEWG is recognized as the most prominent international forum specifically devoted to the rights of older persons; it meets annually in New York for progress reporting and agenda setting by Member States. In 2012, the UN General Assembly resolved (67/139) that the OEWG shall, as part of its mandate, consider proposals for an international legal instrument to promote and protect the rights and dignity of older persons. https://undocs.org/A/RES/67/139.

Nevertheless, this has remained an elusive goal. At the tenth OEWG meeting in 2019, the UN High Commissioner For Human Rights, Michelle Bachelet, addressed the gathering and lamented that, “existing international human rights instruments are silent on older persons.” She again called for a dedicated convention to establish “much needed international standards related to the human rights of older persons” and to “put in place monitoring mechanisms for accountability and redress to ensure the implementation of measures to protect, respect, and fulfill the human rights of older persons.”

Synergy with CEDAW: Commissioner Bachelet’s concern about the persistent lack of explicit UN standards and legal conventions to protect the human rights of older persons has been echoed by the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW), which has been proactive on behalf of older women.1

In 2002, CEDAW reported that age is one of the grounds on which women may suffer multiple forms of discrimination. In 2010, CEDAW adopted General Recommendation No. 27 on Older Women and Protection of Their Human Rights.2 This Recommendation highlighted data demonstrating the demographic trend that the 21st Century is the “Century of Ageing,” with issues that deeply affect countries across the globe and at varying levels of development. https://www2.ohchr.org/english/bodies/cedaw/docs/CEDAW-C-2010-47-GC1.pdf

CEDAW’s wide-ranging 2010 Recommendation begins by declaring that “States must recognize that older women are an important resource to society” and calling for States to take all appropriate measures, including legislation, to eliminate discrimination against older women to “ensure that older women participate fully and effectively in the political, social, cultural and civil life, and any other field in their societies.” The importance of women’s participation in public and political life is emphasized in Section 39 of the Recommendation:

39. States parties have an obligation to ensure that older women have the opportunity to participate in public and political life, and hold public office at all levels, and that older women have the necessary documentation to register to vote and run as candidates for election.

Synergy with the UN Sustainable Development Goals (SDGs): Older persons’ rights — the focus of the OEWG and CEDAW General Recommendation No. 27 — also are reflected in the United Nations plan of action to achieve sustainable development on our planet by 2030. Although there is not a specific set-aside goal for older persons, ageing implicitly cuts across many of the 17 SDGs, including the goals on poverty eradication, healthy living, decent work, and reduced inequalities. As emphasized in the 2030 Agenda for Sustainable Development, it is important to go beyond recognizing older persons as a vulnerable group and to recognize older persons as active agents of societal development. The full brief may be found at https://www.un.org/development/desa/ageing/news/2017/07/ageing-older-persons-and-the-2030-agenda-for-sustainable-development/.

Conclusion: The League of Women Voters’ Impact on Issues 2018-2020 contains an all-inclusive position for equal rights: “Secure equal rights and equal opportunity for all. Promote social and economic justice and the health and safety of all Americans” (p. 8). As we move further into the 21st “Century of Ageing,” local, state, and national Leagues may determine that a more explicit focus on ageing is warranted. Stay tuned.

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i. Although the Convention on the Elimination of All Forms of Discrimination Against Women was signed by President Carter in 1980, it has never been brought to a vote by the full US Senate. Nonetheless, the League of Women Voters has been vocal in its support of CEDAW, submitting testimony in support of ratification to the Senate Foreign Relations Committee in 2002 and again in 2011 to the Senate Judiciary Committee on Civil and Constitutional Rights. See our Human Rights Team’s review of CEDAW.

ii. CEDAW Recommendations, adopted following its annual meetings, are intended to raise attention and accelerate action toward critical issues.

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United Nations Convention on the Rights of the Child

FOCUS ON:      CONVENTION ON THE RIGHTS OF THE CHILD

Today’s review of the CONVENTION ON THE RIGHTS OF THE CHILD (CRC) and PROTOCOLS thereto is the sixth in a year-long series of reviews of United Nations human rights conventions and treaties. The reviews are written by a team of League members from across the country who are inspired by the League’s history of human rights advocacy and motivated to start a fresh dialogue about the impact these historical UN conventions have today on the League’s principle of Empowering Voters- Defending Democracy.  Democratic principles respecting human rights are enshrined in United Nations conventions.

Review by: CSW63 Delegate Savanna Mapelli (PA); UN Observer Jill Follows (VA); CSW63 Delegates Susan Sherer (PA); Kathleen Montgomery (CA); Sheila Denn (NC); ErinLeigh Darnley (NY); Anu Sahai (VA)

OVERVIEW: The CRC is the most widely ratified international human rights treaty in the world.  In 1976 the General Assembly of the United Nations declared that three years later, 1979, would be the International Year of the Child.  In 1978 Poland submitted to the United Nations Commission on Human Rights a draft convention on the rights of the child.  Over the next ten years, the United States participated actively in contributions to produce a final draft of the CRC.[i]  In November 1989, the General Assembly adopted and opened the Convention on the Rights of the Child (CRC) for signature and ratification.  196 nations have become parties to the CRC after their governments ratified the treaty.  The United States is not one of those parties.

Article 1 of the CRC defines a child as a human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.  The CRC establishes the standard of the best interests of the child as the primary consideration in all actions concerning children, whether undertaken by institutions, courts, legislative bodies or administrative authorities.  https://www.unicef.org/child-rights-convention/convention-text

In its fifty-four articles, the CRC promotes four main aspects of children’s rights (known as “the four ‘P’s”):

Participation by children in decisions affecting them;

Protection of children against discrimination and all forms of neglect and exploitation; 

Prevention of harm to them;

Provision of assistance to children for their basic needs.

https://www.loc.gov/law/help/child-rights/international-law.php  

THE OPTIONAL PROTOCOLS TO THE CRC and THE U.S.A. RESPONSE: Even though President Clinton signed the CRC in 1995, to date it has not reached the floor of the United States Senate for ratification.  However, in 2002 the United States, along with many other member States, adopted and ratified two Optional Protocols to the CRC.   Both of these Optional Protocols expressly permit signatories to the CRC to sign and ratify them independently of ratification of the CRC.   http://legal.un.org/avl/ha/crc/crc.html

The first Optional Protocol (OP1), referred to as the Child Soldiers Protocol, consists of thirteen articles.  The OP1 mandates that member States “take all feasible measures” to ensure that members of their armed forces under the age of 18 do not take a direct part in hostilities. Among many terms of the Protocol, States parties agree to prohibit independent armed groups from recruiting and using children under the age of 18 in conflicts.  For the text of the Child Soldiers Protocol, see https://www.ohchr.org/EN/ProfessionalInterest/Pages/OPACCRC.aspx

For the collection of member States’ Declarations, Reservations and Objections made upon ratification, see https://treaties.un.org/doc/Publication/MTDSG/Volume%20I/Chapter%20IV/IV-11-b.en.pdf

The second Optional Protocol (OP2), referred to as the Sex Trafficking Protocol, consists of seventeen articles.  The OP2 prohibits the sale of children, child prostitution and child pornography as violations of children’s rights.  The OP2 also emphasizes the importance of increased public awareness and international cooperation in efforts to combat violations.  The OP2 sets forth detailed requirements to end both the sexual exploitation abuse of children and non-sexual exploitation abuse of children, such as forms of forced labor, illegal adoption and organ donation. It requires punishment not only for those offering or delivering children for the illegal purposes, but also for anyone accepting the child for these activities.  The Protocol protects the rights and interests of child victims by requiring governments to provide legal and other support services to child victims, considering the best interests of the child in any interactions with the criminal justice system. Children must also be supported with necessary medical, psychological, logistical and financial support to aid their rehabilitation and reintegration.[ii]  For the text of the Sex Trafficking Protocol, see https://www.ohchr.org/Documents/ProfessionalInterest/crc-sale.pdf  For the collection of member States’ Declarations, Reservations and Objections made upon ratification see https://treaties.un.org/doc/Publication/MTDSG/Volume%20I/Chapter%20IV/IV-11-c.en.pdf

THE COMMITTEE ON THE RIGHTS OF THE CHILD (CRC) is the body of eighteen independent experts elected by States parties that monitors implementation of the CRC and the Optional Protocols.[iii]   A third Optional Protocol, not discussed herein, and not ratified by the U.S.A., gives children standing before the Committee, allowing children to bring complaints under the treaty in their own names, as opposed to only through an organization on their behalf.   https://www.unicef.org/child-rights-convention/strengthening-convention-optional-protocols

SUSTAINABLE DEVELOPMENT GOALS (SDG)   The United Nations International Children’s Emergency Fund (UNICEF) is the UN agency established to help governments improve the health and education of mothers and children.  UNICEF publishes Briefing Notes summarizing SDGs and their many subparts, called SDG Global Indicators, as they relate to children at both national and global levels.

https://data.unicef.org/resources/sdg-global-indicators-related-to-children/

The child-related SDGs and their global indicators which UNICEF monitors in this regard include: 

SDG #2 Zero Hunger (2.2.1 stunting, 2.2.2 wasting/overweight), 

SDG #3 Good Health and Well-being (3.1.2 skilled attendant at birth, 3.2.1 under-five mortality, 3.2.2 neonatal mortality, 3.b.1 full vaccination coverage), 

SDG #4 Quality Education (4.2.1 early childhood development),

SDG#5 Gender Equality (5.2.1 sexual violence by intimate partner, 5.2.2 sexual violence by non-intimate partner), 

SDG#6 Clean Water and Sanitation (6.1.1 safely managed drinking water, 6.2.1 safely managed sanitation and hygiene),

SDG #8 Decent Work and Economic Growth (8.7.1 child labor),

SDG #16 Peace, Justice and Strong Institutions (16.2.1 child discipline, 16.2.3 sexual violence against children, 16.9.1 birth registration).

 SYNGERGY WITH IMPACT ON ISSUESMany of the Articles of the CRC complement policies of the LWV, as found in Impact on Issues 2018-2020.  Official positions of the LWV regarding children include, but are not limited to, support for childhood education, support for quality childcare, early intervention for children at risk and opposition to all forms of domestic and international human trafficking.  A few of the corresponding articles of the CRC  include Article 28 (“States Parties recognize the right of the child to education….”), Article 3 (“States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being…”), Article 34 (“States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse,” as well as the Sex Trafficking Optional Protocol.

FOR a LEGAL ANALYSIS and OPINION of the CRC with OP1 and OP2, see generally:

Howard Davidson, Does the U.N. Convention on the Rights of the Child Make a Difference? 22 Mich. St. Int’l L. Rev. 497 (2013),
Available at: 
https://digitalcommons.law.msu.edu/ilr/vol22/iss2/2

 [i] https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25007&LangID=E

[ii] Revaz, Cris R. “The Optional Protocols to the UN Convention on the Rights of the Child on Sex Trafficking and Child Soldiers.” Human Rights Brief 9, no. 1 (2001): 13-16.  Available at:  https://digitalcommons.wcl.american.edu/hrbrief/vol9/iss1/4/

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