A/HRC/14/31
40.
In 2009, the Committee on the Elimination of Discrimination against Women
established a working group to elaborate a general recommendation on the rights of older
women. In its preliminary work, the working group explains that the impact of gender
inequalities throughout a woman’s lifespan is intensified in old age and often results in
unfair resource allocation, maltreatment, abuse, gender-based violence and prevention of
access to basic services. The general recommendation will be an important tool for
addressing the human rights of older women and the elimination of discrimination they face
throughout their lives.28
A.
The right to social security in human rights and labour standards
41.
The right to social security is firmly grounded in international human rights law and
several treaties contain specific references to old age protection through social security
schemes. Further to articles 22 and 25 of the Universal Declaration of Human Rights, it
appears in articles 9, 10 and 11 of the International Covenant on Economic, Social and
Cultural Rights, article 5 (e) (iv) of the International Convention on the Elimination of
Racial Discrimination, article 11 of the Convention on the Elimination of Discrimination
against Women, article 26 of the Convention on the Rights of the Child, article 27 of the
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families. The Convention on the Rights of Persons with Disabilities
mentions the right to social protection (art. 28).
42.
At regional level, there are several provisions recognizing the specific vulnerability
of older persons that call on States to implement specific measures to protect the elderly.
They also emphasize the right to social security.
43.
The African Charter on Human and Peoples’ Rights stipulates that “the aged and the
disabled shall also have the right to special measures of protection in keeping with their
physical or moral needs” (art. 18). The Protocol to the African Charter on Human and
Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) recognizes the
particular vulnerability of older women and requests States to take a number of measures
“commensurate with their physical, economic and social needs as well as their access to
employment and professional training” and “ensure the right of elderly women to freedom
from violence, including sexual abuse” (art. 22).
44.
The Revised European Social Charter recognizes “the right of elderly persons to
social protection” (art. 23). It calls on States to adopt or encourage appropriate measures to:
(1) “enable elderly persons to remain full members of society for as long as possible”; (2)
“enable elderly persons to choose their lifestyle freely and to lead independent lives in their
familiar surroundings for as long as they wish and are able”; and (3) “guarantee elderly
persons living in institutions appropriate support, while respecting their privacy, and
participation in decisions concerning living conditions in the institutions”.
45.
The Additional Protocol to the American Convention on Human Rights in the Area
of Economic, Social and Cultural Rights recognizes that “everyone has the right to special
protection in old age” (art. 17). It also called for States to take the necessary steps “to make
this right a reality”, particularly by providing food and adequate medical services;
undertaking work programmes specifically designed for the elderly and establishing social
organizations designed to improve the quality of life for the elderly.
46.
Several International Labour Organization conventions and declarations also
recognize the right to social security, including the Declaration concerning the aims and
28
10
See CEDAW/C/2009/II/WP.1/R.
GE.10-12583