Today, we join advocates around the world in observing World Elder Abuse Awareness Day. This occasion reminds us to give due attention to the hidden and under-reported issue of elder abuse and impels all of us to recognize its varying forms including physical, psychological, emotional, financial abuse, and other forms.
As aptly identified by the UN High Commissioner for Human Rights, “the lack of social protection, access to health services, autonomy and participation in decision-making, as well as freedom from violence, abuse and neglect” remain to be critical gaps in human rights protection.[1]
With ‘Access to Justice’ as this year’s theme, we turn the spotlight on the justice gap for older persons. Access to justice is a basic principle of the rule of law that guarantees Older Persons who are rights-holders to exercise their rights, hold perpetrators to account for violations they have committed against them, and brings duty-bearers to account.
The invisibility of Older Persons in the justice system manifests in the lack of awareness of their legal rights, fear to report abuses, and the lack of legal remedies, among others. In the case of many countries, including the Philippines, the absence of a law squarely addressing elder abuse, neglect, and exploitation adds to this invisibility. There are also persisting barriers such as accessibility, affordability, reasonable accommodation, excessive delays and backlogs in judicial processes, impact of digitalization, cultural norms, gender bias, discrimination, and entrenched ageism in policy, norms and practices[2] that further render justice to be elusive to Older Persons.
Bills in Congress providing measures to protect Older Persons form all forms of abuse, neglect, and exploitation remain pending. We appeal to our lawmakers to ensure that these bills are deliberated and passed as soon as possible. The absence of an elder abuse law can be regarded as the greatest barrier in ensuring access to justice and effective remedies for human rights violations against Older Persons in the country.
Regrettably, this justice gap is also reflected at the international level. Absent in the current international human rights framework is a binding legal instrument that will set a universal baseline on policies, programs, monitoring and accountability mechanisms to ensure the rights of older persons are taken into account in the justice system. This instrument will guide States on the normative content on the freedoms, entitlements of Older Persons and will define in clear language the standards and principles of the obligations of States and other duty bearers to enable the exercise of the rights.
The adoption of a convention within the UN human rights system will define the specific rights of older persons and the corresponding obligations of duty-bearers, considering older persons’ lived realities and specific contexts brought about by advanced age. Such a binding instrument provides clear baselines and standards that serve to guide the crafting of better national laws and policies. A treaty also creates monitoring, reporting, and accountability mechanisms at the national and international levels. It facilitates the allocation of budget at the national level and the assignment of specific government agencies or units that will focus on the work to ensure the respect, protection, and fulfillment of the rights of older persons.
The Philippines alongside other like-minded member states of the United Nations such as Argentina and Chile in Latin America, Korea and Qatar in the Asia-Pacific, Kenya and Morocco in Africa, and Slovenia and very recently, the United Kingdom in Europe have supported the call for a binding instrument on the rights of Older Persons in the United Nations Open-Ended Working Group on Ageing.[3]
With the current COVID – 19 crisis and the destructive impact still costing the world, taking the heaviest toll on Older Persons, the dire urgency of a Convention on the Rights of Older Persons is crucial to build forward better.
We call on the international community, all Member-States, to support a Convention that will define the normative elements of the rights of older persons and outline the duties of States to ensure every person a dignified life in older age including in the context of elder abuse. This needs to be addressed to enhance the access to justice of older persons and to ensure a dignified life for all persons as they advance in age.
###
[1] UN General Assembly, Impact of the coronavirus disease (COVID-19) pandemic on the enjoyment of human rights around the world, including good practices and areas of concern – Report of the United Nations High Commissioner for Human Rights, U.N. Doc. A/HRC/46/19, 18 January 2021, ¶ 38.
[2] https://www.un.org/development/desa/ageing/news/2021/05/weaad-3/
[3] The Open-Ended Working Group on Ageing was established by the General Assembly by resolution 65/182 on 21 December 2010. The working group will consider the existing international framework of the human rights of older persons and identify possible gaps and how best to address them, including by considering, as appropriate, the feasibility of further instruments and measures. https://social.un.org/ageing-working-group/