ביום 25 לספטמבר ש.ז., אימצה מועצת זכויות האדם של האומות המאוחדות, החלטה היסטורית בתחום קידום זכויות האדם של זקנים. ההחלטה קובעת כי ימונה מומחה בינלאומי לנושא זכויות זקנים, אשר יחקור וידווח אודות מצב יישום זכויות האדם של הזקנים בעולם, לרבות בהקשר של כלים קיימים בתחום, תוך שיתוף פעולה עם מדינות וארגונים שונים ברחבי העולם.
זו הפעם הראשונה שבה מועצת זכויות האדם מקבלת החלטה שכזו, והיא מהווה התקדמות נוספת בתהליך להכנתה ואימוצה של אמנה בינלאומית לזכויות זקנים בעולם.
להלן נוסח ההחלטה ההיסטורית:
Human Rights Council
Twenty-fourth
session
Agenda item 3
Promotion
and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Argentina, Bolivia (Plurinational State
of)*, Bosnia and Herzegovina*, Brazil, Chile, Colombia*, Costa Rica, Cuba*, Djibouti*, Ecuador,
El Salvador*, Ethiopia, Guatemala, Honduras*, Mexico*, Panama*, Paraguay*, Peru,
Turkey*, Uruguay*, Venezuela (Bolivarian Republic of): draft resolution
24/… The human rights of older persons
The Human
Rights Council,
Guided by the purposes and
principles of the Charter of the United Nations,
Guided also by the Universal Declaration
of Human Rights, the International Covenant on Economic, Social and Cultural
Rights, the International Covenant on Civil and Political Rights, the
Convention on the Elimination of All Forms of Discrimination against Women, the
Convention on the Rights of Persons with Disabilities and other relevant human
rights instruments,
Reaffirming the Vienna Declaration and Programme of Action,
Recalling General Assembly resolution
65/182 of 21 December 2010 on the follow-up to the Second World Assembly on Ageing,
in which the Assembly established an open-ended working group for 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 and how best to address them, including
by considering, as appropriate, the feasibility of further instruments and
measures,
Recalling also Human Rights Council resolution
21/23 of 28 September 2012 on the human rights of older persons,
Acknowledging the work of the Open-ended
Working Group on Ageing for the purpose of strengthening the protection of the
human rights of older persons,
Bearing in mind the Political Declaration
and the Madrid International Plan of Action on Ageing of 2002, and all other
relevant General Assembly resolutions,
Taking note
with appreciation of the report of the Secretary-General on the follow-up to the Second
World Assembly on Ageing and of the report of the
United Nations High Commissioner for Human Rights on the human rights of older
persons,
Recalling general comment No. 6 of the
Committee on Economic, Social and Cultural Rights on the economic, social and
cultural rights of older persons, and other relevant documents by treaty bodies,
Conscious that older persons represent
a large and growing segment of the population and that greater attention is
needed to the specific human rights challenges affecting them,
Concerned at the multiple forms of
discrimination that may affect older persons and at the high incidence of
poverty among this particularly vulnerable group, especially older women,
persons with disabilities, persons of African descent, individuals belonging to
indigenous peoples, persons belonging to national or ethnic, religious and
linguistic minorities, rural persons, persons living on the streets and
refugees, among other groups,
Recalling Human Rights Council
resolutions 5/1, on institution-building of the Human Rights Council, and 5/2,
on the Code of Conduct for special procedures mandate holders of the Council,
of 18 June 2007, and stressing that the mandate holder shall discharge his or
her duties in accordance with those resolutions and the annexes thereto,
1. Recognizes the challenges related to the
enjoyment of all human rights that older persons face in areas such as
prevention of and protection against violence and abuse, social protection,
food and housing, employment, legal capacity, access to justice, health
support, long-term and palliative care, and that those challenges require
in-depth analysis and action to address protection gaps;
2. Acknowledges the report of the Office of
the United Nations High Commissioner for Human Rights on the consultation on
the promotion and protection of the human rights of older persons, which summarizes the issues
discussed at the consultation, including age discrimination, access by older
persons to work, adequate health services and social protection, protection
from abuse, violence and neglect, long-term care and the situation of older prisoners;
3. Calls upon all States to promote and
ensure the full realization of all human rights and fundamental freedoms for
older persons, including by taking measures to combat age discrimination,
neglect, abuse and violence, and to address issues related to social integration
and adequate health care, bearing in mind the crucial importance of family
intergenerational interdependence, solidarity and reciprocity for social
development;
4. Encourages all States to conduct their
age-related policies through inclusive and participatory consultations with
relevant stakeholders and social development partners in the interest of
developing effective policies creating national policy ownership and
consensus-building;
5. Decides to appoint, for a period of
three years, an independent expert on the enjoyment of all human rights by
older persons, with the following mandate:
(a) To assess the implementation of existing
international instruments with regard to older persons while identifying both
best practices in the implementation of existing law related to the promotion
and protection of the rights of older persons and gaps in the implementation of
existing law;
(b) To take into account the views of
stakeholders, including States, relevant regional human rights mechanisms,
national human rights institutions, civil society organizations and academic
institutions;
(c) To raise awareness of the challenges faced
in the realization of all human rights by older persons, and to ensure that
older persons receive information about those rights;
(d) To work in cooperation with States in order
to foster the implementation of measures that contribute to the promotion and
protection of the rights of older persons;
(e) To integrate a gender and disability
perspective into his/her work, and to pay particular attention to older women,
persons with disabilities, persons of African descent, individuals belonging to
indigenous peoples, persons belonging to national or ethnic, religious and
linguistic minorities, rural persons, persons living on the streets, and refugees,
among other groups;
(f) To assess the human rights implications of
the implementation of the Madrid International Plan of Action on Ageing;
(g) To work in close coordination, while
avoiding unnecessary duplication, with the Open-ended Working Group on Ageing,
other special procedures and subsidiary organs of the Human Rights Council,
relevant United Nations bodies and the treaty bodies;
6. Requests the Independent Expert to
report annually to the Human Rights Council and to present his/her first report
at its twenty-seventh session, with a view to presenting a comprehensive
report at its thirty-third session;
7. Requests the Secretary-General to ensure that the
above-mentioned comprehensive report of the Independent Expert is brought to the
attention of the Open-ended Working Group on Ageing, in accordance with paragraphs
1 and 3 of General Assembly resolution 67/139 of 20 December 2012;
8. Calls upon all Governments to cooperate
with the Independent Expert, and invites them to provide him/her with all the
necessary information related to the mandate;
9. Decides to continue consideration of the
question of human rights of older persons at its twenty-seventh session.
