“Aged people are too often ignored and denied their full human rights”
[28/04/08] Older people have the
same rights as others. Because of their vulnerability they need special
protection and already the Universal Declaration of Human Rights stated
specifically that elderly persons have the right to security. Many of the
subsequent human rights treaties stipulate basic rights for aged people,
one example is the revised European Social Charter. However, the rights
of old persons are still often ignored and sometimes totally denied. They
suffer from widespread perceptions that they are non-productive and worthless
in modern society. It is time for a more constructive debate on how human
rights for the older generation can be ensured.
One problem is that older people in general do often not have a strong say
in politics. Organisations defending their interests are – with few exceptions
- weak and political parties tend to focus on younger generations. The fact
that a clear majority of the elderly are women may also have contributed
to this lack of political attention.
The revised European Social Charter contains the first binding human rights
provision for the protection of the rights of the elderly. The main objective
is to enable older persons to lead a decent life and participate in society.
To put this into practice, states should ensure that their social protection
systems, health care and housing policies are suited for older people. They
should also enact non-discrimination legislation in certain areas including
the labour market.
A growing number of those who reach retirement age are perfectly fit and
would prefer to continue their professional activities. This fact has not
provoked the necessary rethink about how the professional skills, experience
and dedication of these individuals could be utilised for the common good.
Special attention should be given to ensure that older people who may lack
advanced formal qualifications have the possibility to continue their working
life. Age is not a valid reason to disregard someone in the recruitment
procedure nor for dismissal, except if this is in accordance with the pension
system.(1)
More flexibility on retirement ages on the basis of personal preferences
and capabilities would be logical. With some adjustments in working conditions,
including work hours, many more would like to continue long after the present
pension day. A UN conference stated some years ago that ‘older persons should
have the opportunity to work as long as they wish and are able to, in satisfying
and productive work.’(2)
Many of these at the age of 60+ will live for two or three decades beyond
retirement and in some cases even longer. The number of very old persons
is now growing rapidly in countries all over Europe. This is a category
which in many cases will require special care, as some of them are clearly
dependent and suffer from dementia and/or other disabilities.
Protection measures should be flexible so as to fit the individual needs
and they should only be put in place in those fields of the individual’s
life where they are indispensable. It should also be possible for an individual,
at a time when he or she is still capable, to make decisions on what should
happen in the future and who should act as his or her representative in
case of an eventual incapacity. Such measures of self-determination are
in line with the respect for the dignity of each person as a human being.
That is why the Council of Europe is at present working on a recommendation
protecting incapable adults when such incapacity occurs.
The increasing number of elderly people will inevitably be a strain on the
social and health care system. Even with a more flexible pension policy,
there will in economic terms be a less favourable relationship in future
between the proportion of the population working and those dependent. However,
a humane and just society must accept that responsibility and respect the
human dignity and rights of the very oldest. Health care systems should
implement age-friendly policies and practices and consider healthy ageing.
Many of the elderly are poor, their human right to an adequate standard
of living is not respected. Not least in the transition countries old people
have suffered from the changes and of course have had little possibility
to compensate price increases with more work or higher salaries. A great
number of them have had to accept, for instance, a dramatic downturn in
housing standards. The term ‘lost generation’ is sadly appropriate.
New social security strategies are required in order for older people to
have adequate protection in the future. Also in countries where social security
is more protected, there is a need to review aspects of how older people
are treated. There have been too many reports about bad treatment and even
abuse in institutions for elderly – some of them privately run. In every
case, this is an unacceptable failure, made worse by the fact that the residents
in these homes are often unable to claim their rights and even less able
to defend themselves against abuse.
During my travels in European countries I have seen the extremes: both modern
and homelike institutions with a democratic atmosphere and excellent medical
care but also centres in which the inmates were reduced to numbers and the
staff untrained, overstretched and resigned. There is clearly a need in
some countries to monitor the conditions in institutions for old persons
much more thoroughly.
Even in countries with aged-friendly institutions, many elderly prefer to
stay at home as long as possible. This requires another care organisation
from the social authorities. Such reforms have indeed taken place in many
countries. However, it is my impression that more could be done to offer
the elderly more choices and more influence on what care they would prefer
now and later. One aspect is to give more priority to supporting and sometimes
off-loading family members who assist daily their elderly. The well-being
of care givers has a significant impact on the quality of care and on the
dignity and quality of life of the dependent person.
Among the very old there are those who are particularly vulnerable. We know
that aged women suffer discrimination in some cases and that they often
receive a reduced pension allowance because they have had to care for family
members rather than being professionally active.
Persons with disabilities face particular difficulties which are increased
as a consequence of the ageing process: for instance, reduced vision, reduced
hearing or reduced mobility. This has to be taken into account when designing
policies and programmes. The ratification of the UN Convention on the Rights
of Persons with Disabilities, which creates a number of safeguards for such
persons, should be given a high priority as well as the implementation of
the
Council of Europe Disability Action Plan 2006-2015.
Vulnerable are also many older migrants, some of whom have language difficulties.
With a growing immigrant population European countries are here faced with
a challenge for which the authorities seem to be grossly unprepared. The
result is that individuals are discriminated against on several grounds.
I suggest that European political leaders review their own policies for
the rights of old people – before they themselves have to experience the
consequences of their present-day policies, or lack thereof.
This Viewpoint can be re-published in newspapers or on the internet without
our prior consent, provided that the text is not modified and the original
source is indicated in the following way: "Also available at the Commissioner's
website at www.commissioner.coe.int"
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