8.
The United Nations specialized agencies, especially the International Labour
Organization, have also given attention to the problem of ageing in their respective
fields of competence.
3.
The rights of older persons in relation to the International
Covenant on Economic, Social and Cultural Rights
9.
The terminology used to describe older persons varies considerably, even in
international documents. It includes: “older persons”, “the aged”, “the elderly”, “the
third age”, “the ageing”, and, to denote persons more than 80 years of age, “the fourth
age”. The Committee opted for “older persons” (in French, personnes âgées; in
Spanish, personas mayores), the term employed in General Assembly resolutions 47/5
and 48/98. According to the practice in the United Nations statistical services, these
terms cover persons aged 60 and above (Eurostat, the statistical service of the
European Union, considers “older persons” to mean persons aged 65 or above, since
65 is the most common age of retirement and the trend is towards later
retirement still).
10.
The International Covenant on Economic, Social and Cultural Rights does not
contain any explicit reference to the rights of older persons, although article 9 dealing
with “the right of everyone to social security, including social insurance”, implicitly
recognizes the right to old-age benefits. Nevertheless, in view of the fact that the
Covenant’s provisions apply fully to all members of society, it is clear that older
persons are entitled to enjoy the full range of rights recognized in the Covenant. This
approach is also fully reflected in the Vienna International Plan of Action on Ageing.
Moreover, insofar as respect for the rights of older persons requires special measures
to be taken, States parties are required by the Covenant to do so to the maximum of
their available resources.
11.
Another important issue is whether discrimination on the basis of age
is prohibited by the Covenant. Neither the Covenant nor the Universal Declaration of
Human Rights refers explicitly to age as one of the prohibited grounds. Rather than
being seen as an intentional exclusion, this omission is probably best explained by the
fact that, when these instruments were adopted, the problem of demographic ageing
was not as evident or as pressing as it is now.
12.
This is not determinative of the matter, however, since the prohibition of
discrimination on the grounds of “other status” could be interpreted as applying to
age. The Committee notes that while it may not yet be possible to conclude that
discrimination on the grounds of age is comprehensively prohibited by the Covenant,
the range of matters in relation to which such discrimination can be accepted is very
limited. Moreover, it must be emphasized that the unacceptableness of discrimination
against older persons is underlined in many international policy documents and is
confirmed in the legislation of the vast majority of States. In the few areas in which
discrimination continues to be tolerated, such as in relation to mandatory retirement
ages or access to tertiary education, there is a clear trend towards the elimination of
such barriers. The Committee is of the view that States parties should seek to
expedite this trend to the greatest extent possible.