keeping jobs, stresses the need for measures to prevent discrimination on grounds of
age in employment and occupation. 6
23.
The right “to the enjoyment of just and favourable conditions of work”
(Covenant, art. 7) is of special importance for ensuring that older workers enjoy safe
working conditions until their retirement. In particular, it is desirable, to employ older
workers in circumstances in which the best use can be made of their experience and
know-how. 7
24.
In the years preceding retirement, retirement preparation programmes should
be implemented, with the participation of representative organizations of employers
and workers and other bodies concerned, to prepare older workers to cope with their
new situation. Such programmes should, in particular, provide older workers with
information about: their rights and obligations as pensioners; the opportunities and
conditions for continuing an occupational activity or undertaking voluntary work;
means of combating detrimental effects of ageing; facilities for adult education and
cultural activities, and the use of leisure time. 8
25.
The rights protected by article 8 of the Covenant, namely, trade union rights,
including after retirement age, must be applied to older workers.
Article 9: Right to social security
26.
Article 9 of the Covenant provides generally that States parties “recognize the
right of everyone to social security”, without specifying the type or level of protection
to be guaranteed. However, the term “social security” implicitly covers all the risks
involved in the loss of means of subsistence for reasons beyond a person’s control.
27.
In accordance with article 9 of the Covenant and the provisions concerning
implementation of the ILO social security conventions - Convention No. 102
concerning Social Security (Minimum Standards) (1952) and Convention No. 128
concerning Invalidity, Old-Age and Survivors’ Benefits (1967) - States parties must
take appropriate measures to establish general regimes of compulsory old-age
insurance, starting at a particular age, to be prescribed by national law.
28.
In keeping with the recommendations contained in the two ILO Conventions
mentioned above and Recommendation No. 162, the Committee invites States parties
to establish retirement age so that it is flexible, depending on the occupations
performed and the working ability of elderly persons, with due regard to
demographic, economic and social factors.
6
See ILO Recommendation 162 (1980) concerning Older Workers, paragraphs 3-10.
7
Ibid., paragraphs 11-19.
8
Ibid., paragraph 30.