Ayr ./)•,( nmiiMtum as a sot in < of rx< hr.nm in I i/iu|ir
si111.n ion icilo ts the general lai I. ol inn i umenti and international consensus ovei
combating age discrimination and ilic social exclusion ol oldct people. This is perhaps surprising, given thai the potential exists to locale older people's rights vviihiu a broader framework of international human rights. The human rights approach to employment is holistic and extends beyond the parameters of the International Labour Organization's (ILO's) social justice approach (IVlacNaughton and Frey, 2010). It was reaffirmed in the 1993 UN Vienna Declaration and Programme of Action, which states: 'All human rights are universal, indivisible and interdependent and interrelated. The international community must treat human rights globally in a fair and equal manner, on the same footing and with the same emphasis.' Given that human rights are by definition universal, at least in theory, a whole array of internationally recognised human rights standards and principles also covers and protects older persons. However, potentially reflecting the limited focus on population ageing at the time of its ratification in 1948, the UN's Universal Declaration of Human Rights fails to accord sufficient attention to old age. Indeed, older persons are not only excluded from the UN's binding human rights instruments, but also from its mainstream agenda, as reflected, for example, in the Millennium Development Goals.
While age at work has been regulated in terms of the minimum age at which one is permitted to work by the Convention on the Child (ILO Convention No 138), no equivalent regulation relates to age discrimination. Consequently,in many nations, older persons continue to experience discrimination on the basis of their age and inadequate recognition of their human rights. Further, older people's specific needs are too often underestimated, thus providing a context for the risk of abuse, neglect and violence.This not only affects the older person, but also their families and society as a whole (WHO, 2002). Although some countries have enacted partial legislation, to date, the human rights and ethical framework to eliminate discrimination, exclusion, abuse or unequal treatment due to age has barely been addressed at the UN or at the European level (Stuckelberger, 2006,2008).
Numerous international instruments — including, for example, the Covenants on Economic, Social and Cultural Rights, and on Civil and Political Rights, as well as the Convention on All Forms of Discrimination against Women (CEDAW/ General Assembly resolution 34/180,18 December 1979) — refer to the rights of all without specifically mentioning older persons or age.The Universal Declaration of Human Rights makes passing reference to the particular vulnerability of older persons in Article 25, stipulating that:
everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, Including ... medical care and the right to security m the evenl oi unemployment, sickness, disability, widowhood, old age 01 Otht I lai I "I livelihood in , in umttances beyond his < ontrol
It was not until the UN's 1 )eclaration on Social Progress and I levelt ipmenl in 196V that there was more than a passing mention of old age (Article II). Ii civ n tool
until 1982 for the UN to adopt a First International Plan ofA< tion on Agt.....
a meeting in Vienna. In 1991, the General Assembly produced the UN Pi.....pli
for Older Persons (Resolution 46/91), which reaffirm fundanicui.il human rt hi the dignity and worth of the human being, and the need for equality in live iin > independence, participation, care, self-fulfilment and dignity. To date, the most important elements of the international legal standard
emerged in 1995 with the adoption of General Comment No 6 on the la.........ii
Social and Cultural Rights of Older Persons (Doc E/1996/22,Annex IV) <.......I
Comments are important in the sense that they reflect the interpretation ol 1,1 provisions of Covenants adopted by the UN General Assembly by internationally recognised independent experts. Comment No 6 stressed that stale, hi Ion h to the UN needed to adapt their social and economic policies to respond i" till needs of ageing populations and that they should give more considei ation to i ill I I
persons in their human rights monitoring and reporting.The General < ............
also sheds light on the relationship between the provisions of the Internal......I
Covenant on Economic, Social and Cultural Rights, the Vienna lnteruaiioii.il PI in of Action on Ageing, and the United Nations Principles for Older Persons, cli irl
indicating the interrelationship of both binding and non-binding commit!......
At present, this remains the only UN document focusing on the rights "I oldi 1 persons that has been adopted by the United Nations Treaty Body. Nevci tin Ii the General Comment is considered to be a'soft law'— that is, one thai IS nol I binding for signatory states of the Covenant as the articles of the inn i national treaties. In addition, although the issue of older persons' rights may be id.in d to the mandate of this Treaty Body within the economic, social and cultural an I the committee monitoring the implementation of the Covenant on I < onomii Social and Cultural Rights is not mandated to focus on this issue sun e then I no particular provision within the Covenant for such a right.
Nevertheless, despite such weaknesses, there arc recent signs ol progresi in relation to older persons' human rights. This draws in particular on the worl of non-governmental organisations (NGOs) at the Human Rights Count il In Geneva (United Nations, 1999; Stuckelberger, 2011). Strong statements Wi H adopted in 2006 (on the right of older persons, signed by 24 N( A )s) and !l IIIV
(on the right of older women,signed by 34 NGOs) (Stuckelherger, .'lit)'') I.....
key initiatives have since been taken by the UN:
• First, General Recommendation No 27 concerning older women and tin protection of their rights was adopted by the Committee responsible fol till Convention on the Elimination of All Forms of I )isci iniin.it ion against Worn 11 (CEDAW, 2010).The recommendation addresses a range of issues i< lating, fol example, to access to education,social pensions and adequate housing It also h i a particular focus on addressing multiple discrimination against oldei «........
/ torn rxi luUun hi Iik Union In n/i/ ujjr
• Second,the 2010 annual repori ol the UN's Independent Experi on Human Rights .mil Extreme Poverty addresses the role th.it social protection systems p| a j in redu< ing extreme poverty and contributing to the realisation ol human i ights i if older persons. In particular, the report focuses on the relevance of social pi ii-.k iiis (as discussed in Chapter Four in relation to Brazil and Smith Africa). The Independent Expert calls on states to recognise that social pensions are i mi ii il elements for the progressive realisation of the right to social security toi ohler persons.
• Third, in 2(110, the fourth session of the Human Rights Council Advisory (lommittee received a working paper on the necessity of a human rights approach and effective UN mechanism for the human rights of older persons < (mug, 2010).The paper, which has yet to be adopted by the Human Rights ( .(muni, makes a strong case for implementation of an international human i ights framework for older people, arguing that a 'systematic and comprehensive mechanism' is needed to protect older persons' rights.
• I ninth, also in 2010, the UN established an Open-ended Working Group on the Rights of Older Persons with the purpose of'strengthening the protection of the human rights of older persons by considering the existing international framework of the human rights of older persons and identifying possible gaps .nul how best to address them, including by considering, as appropriate, the feasibility of further instruments and measures'.
Notwithstanding such developments, the absence of a specific framework for older persons' human rights at the EU and UN raises several challenging questions, for example, there is the practical question of whether an international human lights framework for older people is even possible. Then there is the issue of whether such a framework should be mainstreamed or adopted as a stand-alone measure, or even a combination of both. In responding to questions concerning i Iui.kieristics that are specific to old age, the broader issue is raised about the extent to which older persons require particular forms of protection. While souk would argue that older people are already sufficiently protected by existing human i ights standards and treaty bodies, others hold the view that it is impossible to respond sufficiently to any global agenda - such as the Millennium Development < ki.ils by systematically excluding or neglecting old age (see, eg, Doron and Apt. •!, 2010; see also Tang and Lee, 2006; Aboderin, 2010; McDonald, 2010).
Conclusion
In i his ( h.iptci, we have argued that the promotion of social inclusion through the ill.>< itiiin ol equal rights to people ol ill ages represents hi important element ol a 'society for all ages' (Stuckelbergci ami Vik.it, 200H; UNECE, 200K). In iddreiling the theme of social exclusion based on age disi i imiuatiou in Europe, and thawing on i clcv.int sin vey da la, we ic\ li Wi tl i tin proi esses ol discrimination .nul est Iiisiou based on old age, sin h it igi i in, '.iigin.itisatiou and stereotyping
Ayr t/ist rifiwidfiofi (is <i soi/n r of n. fir.inii in I mo/ir
We then cs.i.....|i d existing polity responses to age discrimination and exclusion
in the form Ol legislative instruments available in European nations, .nul nioic broadh iliiough UN mechanisms.
In this context,we have suggested that age discrimination and age stereoty ping I emerging in different fields as a key area of social exclusion, whether in relation to employment, health care or the fair distribution of assets and resources, especially for women. As a result, there is a strong case to be made for more concerted action at the policy level to address exclusion on the basis of age. Despite sOtTO achievements in terms of developing protection and rights for older persons, nnu Ii remains to be done. And, without additional interventions, legislating loi oldei persons' rights is insufficient. Appropriately robust mechanisms to monitor and protect those rights are just, as important and should be incorporated systein.it It .ill\ and comprehensively into future international and national legislation and polit Lei
Exercising rights against discrimination requires a thorough analysis ol agt specific situations and factors that accentuate discrimination in contexts beyond the workplace. For example, there is further conceptual work to be done in relation to connecting key dimensions of the exclusion discourse to relevant legal frameworks.This applies to such issues as loneliness, isolation and the sufficient ) of material resources in old age. In sum, there is still a lot to do if we are to implement 'evidence-based policies', give access to equal rights for people ol ill ages, prevent the discrimination and exclusion of older men and older women, and to truly achieve the UN's goal of a 'society for all ages'.
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