Convention on the rights of older adults and optional

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Convention on the rights of older adults and optional protocol to the convention (version 6)

Version of December 2, 2012

Notice: This draft of a Convention on the Rights of older persons comes from a working group involving, since September 2012, the following NGO1 and OING2: the FNG3 Commission of Human Rights and Fundamental Liberties, Fiapa4, IAGG5, l’AFDHA6, Inpea7, Alma France, Old Up, the A6 association partner of the Charles Léopold Mayer Foundation for the Progress of Humankind, the Academic Faculties Notre-Dame de la Paix de Namur, Perspective asbl8, SFGG9, etc.

This text of December 29, 2012 is version « 6 » of the draft of this international convention. It was designed on the basis of:

• The International Convention on the rights of Persons with Disabilities on March 30, 2007 and its Optional Protocol,

• The San José charter on the rights of older persons in Latin America and the Caribbean, adopted at the Third Regional Intergovernmental Conference on Ageing in Latin America and the Caribbean, from the 8th to the 11th May 2012,

• The European Charter of the rights and responsibilities of older people in need of long-term care and assistance of November 2010, (EUSTACEA project with the support of the European Commission's Daphne III Programme),

• The Swiss civil society charter on « dignity as a source of elder rights » on May 2010, • The Universal Charter of legal protection of vulnerable elders of FIAPA, ratified and voted in Rome in

October 2011, following the IAGG Bologna Declaration in April 2011, • Networking, since August 2012, in more than thirty electronic discussion lists of experts, field

practitioners, consumers, families and advocates (which nearly 5,000 registered users, any francophone Europe and beyond have signed up to)10,

• Citizens’ debates on 1 September 2012, during a "summer school" organized in the Valley of the Cailly river (north of the city of Rouen), which brought together a panel of twenty professionals, elected officials, users and other citizens physically present (to which must be added twenty others excused physically but present electronically).

All are free to procure this document in order to a mend it, both in form and in substance, as much as it would seem necessary so that this document can e volve before being subjected to an even wider consultation.

Other versions of the title (to avoid misunderstandings about the fact that there would be specific rights for the older) :

• Convention relating to the application of human rights for older people, • Convention on the fight against discrimination based on age, • Convention on the inclusion of older adults in society.

1 Non Governmental Organisation 2 International Non Governmental Organisation 3 National Foundation of Gerontology 4 International Federation of Associations of the Older People 5 International Association of Gerontology and Geriatrics 6 Francophone Association of the Rights of Older People 7 International Network for the Prevention of Elder Abuse 8 Francophone Centre of Geriatric Engineering 9 French Company of Geriatrics and Gerontology 10 Francophone Networking of the Experts on Persons with Disabilities and Gerontology (www.lamaisondelautonomie.com)



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Case statement

Monica Roqué, National Director of Politics for Older People, Ministry of Social Development of Argentina, in her speech to « The Open-Ended Working Group for an International Convention on the Rights of Older People » of the UN, in February 2010, noted that :

« The aging population is a phenomenon that is unprecedented and that will deepen over time. During the twentieth century the proportion of grown adults rose, and this tendency will probably continue in the next century. In 2007, 10.7% of the world's population was 60 years or older. The projection shows that in 2025 the percentage of people in this age group will reach 15.1% and 21.7% in 2050.

Every country in the world had experienced changes in the distribution of the age of its population. Nevertheless, the regional differences regarding the magnitude of the aging process are considerable, according with the different stages in demographic transition. In 2007, 5.3% of the population in Africa were sixty years or more and 9.6% of the population of Asia and the Pacific were seniors. In Latin America and the Caribbean, 9.1% of the population were sixty years or more, in Oceania, 14.4% was composed of older persons, while in Europe, this segment of the population accounted for 21.1%.

Consequently, although in the middle of the 20th century, aging was a phenomenon of developed countries, ageing in developing countries will be faster in the future. This will imply less time to adapt to the consequences of this demographic phenomenon in the context of a less important socioeconomic development».

« Longevity for all » has changed the demography of aging in modern societies. That is to say, progressively in the 21st century, all nations will be involved. The lucid and valid older adult is no longer an exception, but has instead become the future in all industrial and developing countries and will become so progressively in all the others. We can no longer think of old age only in terms of losses. This is the new fact, the modern old-age.

This longevity is carried out in several stages, in several advances: • the collapse of infant mortality with hygiene steps for all, • the gradual decline in premature adult mortality (although there is still some progress in reserve), • Since 1950-1960, an increase in life expectancy at more than 65. This increase in life expectancy of

older people simply reflects their improved health, physical and mental validity, their better living conditions and resources (collapse of the precariousness of these people).. It is this step that is to defend. Reducing the relationship between old age and defectology and dependency is a retrograde vision, even if the deficits cannot be ignored, they are not specific to advanced age,

• This progress continues: if in a country where living conditions are stable, we compare every five years the validity status and health of people who reach the age of 80 years, for each new generation of octogenarians, significant progress is measurable on all criteria. This improvement also concerns very old persons. Without it there would not be the proliferation of centenarians observed,

• for 25 - 30 years, the addition of another area of improvement has occurred, ignored by the media and policy makers: the chronically ill - regardless of age - live with their disease and certain deficiencies that lead from it. This is the result of advances in therapeutic treatment and care. With Cystic fibrosis, AIDS, Parkinson's, coronary heart disease, certain cancers, etc.. and ... Alzheimer's, people live for years with their disease instead of dying in a year or two. This is a very positive phenomenon that is causing the increase in healthcare expenditure and not the aging of the population. Similarly we see more and more severely disabled since birth arrive at old age. Should they then see their status regress?

In every nation, a growing, majority population is thus developing, composed of older adults who neither have severe disabilities or nor are dependent nor in precarious situations, but who are de facto excluded from social life after their working life. This exclusion is much greater for those who had manual occupations.

At the same time and paradoxically, increasingly, regulatory, even legal exclusions, affect these valid and lucid people, in contradiction with the resolutions of the World Conference on Ageing in Madrid in 2002. Ageism, sometimes virulent, remains. It is never punished.

Of course a large part of the aged population continues, as before, to present light or heavy deficiencies resulting in « weakness » and vulnerability. But if the percentage of disability is higher for them than at other ages, the problems of these people are similar to those of other deficient adults.



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Other « seniors » have a limited capacity for self-determination (that is to say their « autonomy »). To respond to this situation exist in all countries, legal protection laws which - already - are never specific of a given age from adulthood. A large minority, but a minority of elderly pathological, sick people suffering from progressive cognitive deficiency syndromes (« dementia ») will have to cope with a limitation of their decision-making autonomy and functional dependency, which will gradually become total. Reducing all the problems of old age only to erroneous concepts of « age-related dependency » or « Loss (sic !!) of autonomy relating to age » is a vision outrageously ageist, invalidated by all recent scientific studies.

An international convention can never establish a legal age of « old age ». This would necessarily arbitrary and unfair. Instead, it should aim to point out that the rights of every man and woman to access his or her rights, whatever their age, whether he or she is retired or still in work, invalid or handicapped by disabilities, socially active or weakened by their isolation or vulnerable position, dependent on others or with a limited amount of decision-making autonomy.

Note that, since older adults are citizens like younger adults, fundamental rights included in other international binding instruments (listed in the preamble point) will not be included in the articles of the present Convention, unless it turns out that there are problems related to age in their application.

Thus the non-enforcement of the fundamental right to social protection is certainly for all people in countries without social security (« 80% of the world population has no social security », stated Monica Roqué in her speech mentioned above, in February 2010), but it is a well settled, and not legal fact that age installs negative discrimination for all people who can no longer work in the absence of the social system of retirement because of their lower « economic competitiveness » compared to younger people, because of their fatigue, because of disability incurred by deficiencies without a doubt leading to recognition of a handicap, which moreover does not exist etc.

Strong financial insecurity can then follow reinforced by the dilution of family solidarity, caused by the arrival of « modernity », the departure of generations of working age to towns that are often far away, the disappearance in part of these « intermediate » generations due to wars, population movements, AIDS, etc. and the absence of public welfare system.

Similarly, in countries where social security systems are recent and based on social contributions, many people among the elderly are not able receive coverage through these mechanisms for health care and retirement, because they were unable to contribute during their working life ... especially given that in a number of these countries, the « informal »11 economy represents an important part of the economy, but leaves a significant number of workers without coverage, amongst others things when they are out of the scope of work.

Two points in the present Convention represent a real innovation: • The reminder of the equality of rights, as well as participation in social and societal life for all aged

adults, • The precision that people of all ages dependent on others for their daily life activities must benefit

from access to assistance and care, as well as having the right to live depending on others in complete autonomy and dignity, together with the protection of the persons taking care of their assistance – home help, person exposed to specific risks — and their formation to specific roles of caretaker and health professional for these « depending » persons. Their responsibility and mission are peculiar compared to those taking care of « independent » people in their daily activities. Briefly speaking, a « right to other people’s dependence » to protect three categories of persons that cannot be divided and to establish a place for the structures offering this kind of assistance.

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Not to say « illicit work »



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Preamble

The States Parties to the present Convention : a) recalling the principles proclaimed in the Charter of the United Nations which recognize the inherent dignity and worth and the equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace in the world,

b) recognizing that the United Nations, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights, has proclaimed and agreed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind,

c) reaffirming the universality, indivisibility, interdependence and interrelatedness of all human rights and fundamental freedoms and the need for older persons to be guaranteed their full enjoyment without discrimination,

d) recalling, inter alia, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the International Covenants on:

a) the elimination of all forms of racial discrimination, b) the elimination of all forms of discrimination against women, c) the convention against torture and other cruel, inhuman or degrading treatment or punishment d) issues concerning persons with disabilities, e) protection of the rights of migrant workers and members of their families,

e) based on the work of the Open-Ended Working Group on Ageing established by the General Assembly by resolution 65/182 on 21 December 2010,

f) recognizing that « old age » is an evolving concept and varies according to the context of each country,

g) recognizing the importance of the principles and guidelines contained in the International Plan of Action on Ageing and the Standard Rules on the Equalization of Opportunities for older adults in influencing the promotion, formulation and evaluation of the policies, plans, programmes and actions at the national, regional and international levels to further equalize opportunities for older adults,

h) underlining the importance of mainstreaming the issues of the elderly as an integral part of relevant strategies of sustainable development,

i) also recognizing that all discrimination based on age or enhanced by age is a violation of the dignity and worth inherent in the human person, j) concerned by the fact that despite these various instruments and undertakings, older adults continue to face barriers to their participation in society as equal members thereof and are subject to violations of human rights in all parts of the world, with discrimination based on age or strengthened by age, even though their situations may vary depending on the country, particularly if they do not have an existing welfare system or social assistance system that has been installed for some time (so that older citizens can fully benefit),

k) recognising the importance of international cooperation for improving the living conditions of the elderly in all countries, especially in developing countries,

l) recognising the valued existing and potential contributions made by older persons to the overall well-being and diversity of their communities, and that the promotion of the full enjoyment by older persons of their human rights and fundamental freedoms and of full participation by the elderly will result in their enhanced sense of belonging and in significant advances in the human, social and economic development of society and the eradication of poverty,

m) recognizing that older women are often at greater risk, both within and outside the home of violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation,

n) underlining the need to incorporate a gender perspective in all efforts to promote the full enjoyment of human rights and fundamental freedoms by older persons,

o) realizing that the individual, having duties to other individuals and to the community to which he or she belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the International Bill of Human Rights,

p) convinced that the family is the natural and fundamental group unit of society and is entitled to



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protection by society and the State, and that persons needing help for his functional autonomy or decision-making and their family members should receive the necessary protection and assistance to enable families to contribute towards the well-being of their spouse or parent,

q) recognising that each country must take into account its (socio-economical and cultural) context to gradually expand the scope and improve the quality of social protection systems and social welfare, including social services for the aging population and the implementation of actions created to strengthen the protection of human rights and fundamental freedoms of older adults, without discrimination of any kind,

r) convinced that good practice exchanges among Nations (supported or not supported by the United Nations Organization, within the organisation of regional integration or other) linked to the concerned NGOs can increase the respect of the human rights and of the fundamental freedoms of older people in each country without applying a strict international text,

s) aware that a global international convention integrated to promote and protect older people’s rights and dignity will remarkably help to decrease their deep social disadvantage and favour their participation, on the base of equal chances at every level of civil, political, economic, social and cultural life in the developed as well as in the developing countries,

hereby agree:

Part 1: general principles Article One: Purpose The purpose of the present Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all older adults, and to promote respect for their inherent dignity. The present convention, which is not intended to determine a specific right for older adults, requires States Parties to prevent any obstacles that might, by barriers related to chronological age (barriers of law or fact) cause discrimination for older adults. Older adults are citizens enjoying all their rights and duties, engaged in the life of the community, in a society based on a trans-generational and intergenerational contract, like all other citizens. Article 2 - Definitions For the purposes of the present Convention: a) the term "older adults" refers to adults who, because of an advanced age in comparison with their fellow

citizens or the perception that they have a more advanced age, suffer from barriers to full and effective participation in society on an equal basis with others,

b) "Discrimination on the basis of age" means any distinction, exclusion or restriction on the basis of age or reinforced by age which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation; direct and indirect, on the basis of perception and discrimination on more than one ground or the accumulation of discrimination throughout life that can be devastating to older adults. Women, for example, may face a longer lifecycle reinforcing discrimination based on sex which has serious consequences for older adults.

c) "Universal design" means the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. “Universal design” shall not exclude assistive devices for particular groups of persons with disabilities where this is needed.

Article 3 - General principles The principles of the present Convention shall be:

a. Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons;

b. Non-discrimination; c. Full and effective participation and inclusion in society; d. Equality of opportunity; e. Accessibility; f. Equality between men and women;



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g. Recognition that an older adult with a disability is a disabled person, with all the rights pertaining to this specific situation.

Article 4 - General obligations State Party undertake to ensure and promote the full realization of all human rights and fundamental freedoms for all older persons without discrimination of any kind on the basis of age. To this end, States Parties undertake:

a) To adopt all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the present Convention;

b) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices that constitute discrimination against older persons;

c) To take into account the protection and promotion of the human rights of the elderly in all policies and programmes;

d) To refrain from engaging in any act or practice that is inconsistent with the present Convention and to ensure that public authorities and institutions act in conformity with the present Convention;

e) To take all appropriate measures to eliminate discrimination on the basis of age by any person, organization or private enterprise;

f) To undertake or promote research and development of universally designed goods, services, equipment and facilities, as defined in article 2 of the present Convention, which should require the minimum possible adaptation and the least cost to meet the specific needs of a older persons, to promote their availability and use, and to promote universal design in the development of standards and guidelines;

g) To undertake or promote research and development of, and to promote the availability and use of new technologies, including information and communications technologies, mobility aids, devices and assistive technologies, suitable for older persons, giving priority to technologies at an affordable cost;

h) To provide accessible information to older persons about mobility aids, devices and assistive technologies, including new technologies, as well as other forms of assistance, support services and facilities;

i) To promote the training of professionals and staff working with older persons in the rights recognized in the present Convention so as to better provide the assistance and services guaranteed by those rights.

With regard to economic, social and cultural rights, each State Party undertakes to take measures to the maximum of its available resources and, where needed, within the framework of international cooperation, with a view to achieving progressively the full realization of these rights, without prejudice to those obligations contained in the present Convention that are immediately applicable according to international law. In the development and implementation of legislation and policies to implement the present Convention, and in other decision-making processes concerning issues relating to older adults, States Parties shall closely consult with and actively involve older persons through their representative organizations. Nothing in the present Convention shall affect any provisions which are more conducive to the realization of the rights of older persons and which may be contained in the law of a State Party or international law in force for that State. There shall be no restriction upon or derogation from any of the human rights and fundamental freedoms recognized or existing in any State Party to the present Convention pursuant to law, conventions, regulation or custom on the pretext that the present Convention does not recognize such rights or freedoms or that it recognizes them to a lesser extent. The provisions of the present Convention shall extend to all parts of federal states without any limitations or exceptions.

Part 2: reintroduction of the elderly into society Article 5: Co-responsibility of the older adult for the well-being of all



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Each State Party shall create conditions suitable to the context of the country so that the older adult can ensure and assume, to the extent possible, joint responsibility for the functioning of society, the development of well-being of people of all generations and economic wealth of the country. Article 6: Acting for active aging Each State Party will support active aging, because in evidence-based medicine and the biology of aging, it is well demonstrated that the lack of physical, mental and social activity is a major risk factor for diseases said to relate to age, morbidity and mortality, or even the simple state of "cognitive decline". Maintaining physical, mental and social activity is by far the most effective factor of "aging well" in terms of the physical and mental health. That these activities have a social meaning, which facilitates self-esteem, sense of purpose and meaning of life is also an important fact. Article 7: Facilitation of voluntary activity Each State Party shall facilitate access to volunteer activity for any older adult. This activity always gives an advantage to the country's economy and creates sustainable jobs. Article 8: Removal of barriers related to age Each State Party will remove any prohibition or regulation related to chronological age, age is not a problem, unlike the loss of the person's abilities, a loss that is not related to age. Article 9: The fight against ageism Each State Party shall ensure, by all means fight against ageism, as well as any other discrimination. Article 10: Own decent resources Each State Party will allow access to decent own resources for older adults who could not pay social contributions in particular due to a lack of societal organization of social welfare (or because of the recent establishment of the latter). Article 11: Securing resources acquired for retirem ent Each State Party shall ensure the safeguard of resources for retirement acquired by the occupation of a person, with the aim, through social contributions and their duration, of maintaining the standard of living acquired during life. Article 12: Retirement "à la carte" Each State Party shall facilitate the possibility of choosing the timing of individual retirement according to profession, skills, resources obtained by social contributions and the person's wishes. Similarly, maintaining a social activity remunerated will be promoted.

Part 3: The factors of fragility and vulnerability reinforced by the age

Article 13 : Disability compensation Each State Party shall direct its laws towards aging and disability. Compensating the disability in order to give autonomy to the affected person shall never depend on the age of the person having the disability but exclusively on his or her capacities. Article 14 : Easier access to town Each State Party shall make the access to town easier to those older adults having partial or complete deficits, useful to those suffering from disabilities, independently from their age. Article 15 : Fight against social isolation Each State Party shall fight in every way possible against social isolation, which is a strong factor of fragility for older adults. Article 16 : Fight against every precariousness Each State Party shall ensure that the older adult could get a minimum help besides the one given by his or her family.



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Part 4 : Protection of people who have limits in ma king decisions

Article 17 : Careful protection, in case of need Each State Party shall ensure the well-being and treatment of those persons to be submitted to gradual and evolving measures of legal protection, independently from their age. People representing the protected subject shall know him or her and shall be specifically trained for the mission.

Part 5 : A « right to dependence on others » for pe ople who needs others in the actions of everyday life

Article 18 : Rights of the person dependent on othe rs Each State Party shall ensure that the person dependent on human assistance receives respect for his or her dignity and well-being through access to skilled care and personal assistants prepared for this mission, while allowing him or her to carry out his or her own responsibilities, regardless of their age. Indeed, the person who needs regular or permanent human help to perform acts of daily life is more vulnerable than a person with mild deficits (motor, cognitive, or sensory), but functionally independent. Article 19 : Articles of the « caregiver » Each State Party, according to its context, will establish a system for the monitoring and support of the "caregiver", regardless of his or her age, to limit the risks associated with the function of caregiver and to promote the integrity of his or her physical and mental health, financial resources, social life, etc.., because of the support he or she will provide to the care recipient and, more broadly, to society. Article 20 : Qualified and duly-trained professiona ls Each State Party shall distinguish, in the devices it develops, the professional help service for persons whose state of health requires a specific support service, the professional working with a person in a state of limited autonomy assuming a specific mission which provides a service to a person completely autonomous. Assuming responsibility for a person who can not live without help or without the care of others requires one to be prepared for this mission. In addition to specific professional skills, it requires the implementation of a practice of coaching, a professional understanding of deontology and an understanding of the ethics involved in the daily practice of his profession Article 21 : Clearly defined and evaluated devices for social support Each State Party shall implement mechanisms for social, medico-social and health support for people dependent on others in the actions of everyday life adapted, with clearly defined and evaluated missions and organizations, both within the home of the person and in a group home.

Part 6 : The need for a better understanding of agi ng and longevity

Article 22 : Multidisciplinary Research, scientific ally and ethically validated Each State Party shall, facing the intricacy of biological, social, psychological, educational and economic factors of human aging, promote truly multidisciplinary studies, scientifically and ethically validated, relating to these two phenomena. Otherwise, without a better understanding of these bases, «aging well» may become the object of all charlatanism or wishful thinking.

Part 7 : Individual actions with each State Party

Article 23: Individual actions 1. Each State Party undertakes to provide adequate reparation to all older adults whose rights or freedoms as herein recognized are violated and to ensure that such remedies are determined by competent judicial, administrative or legislative authorities or any other competent authority provided for by law.

2. Each State Party shall ensure to the older adult the right to express his or her views freely in all matters that affect him or her, with his or her opinion being taken duly into consideration given to his or her capacity for discernment.

3. To this end, older adults will be given the opportunity to be heard in any judicial and administrative proceedings affecting them, either directly or through a representative or an appropriate body, in a way that is consistent with the procedural rules of any national law.



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Part 8 : International cooperation

Article 24 : International cooperation Each State Party recognizes the importance of international cooperation and its promotion, in support of national efforts for the realization of the purpose and objectives of the present Convention, and will undertake appropriate and effective measures in this regard, between and among States and, as appropriate, in partnership with relevant international and regional organizations and civil society, in particular organizations representing older persons. Such measures could include, inter alia: a) ensuring that international cooperation, including international development programmes, is inclusive of and accessible to older adults, b) facilitating and supporting capacity-building, including through the exchange and sharing of information, experiences, training programmes and best practices, c) facilitating cooperation in research and access to scientific and technical knowledge, d) providing, as appropriate, technical and economic assistance, including by facilitating access to and sharing of accessible and assistive technologies, and through the transfer of technologies.

The provisions of this article are without prejudice to the obligations of each State Party to fulfil its obligations under the present Convention.

Part 9 : Monitoring the Convention

Article 25 : National implementation and monitoring 1. Each State Party, in accordance with their system of organization, shall designate one or more focal points within government for matters relating to the implementation of the present Convention and shall give due consideration to the establishment or designation of a coordination mechanism within government to facilitate related action in different sectors and at different levels.

2. Each State Party shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish within the State Party, a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor implementation of the present Convention. When designating or establishing such a mechanism, States Parties shall take into account the principles relating to the status and functioning of national institutions for protection and promotion of human rights.

3. Civil society, in particular older adults, and their representative organizations, shall be involved and participate fully in the monitoring process. Article 26 : Committee on the Rights of Older Adult s There shall be established a Committee on the Rights of Older Adults (hereafter referred to as “the Committee”), which shall carry out the functions hereinafter provided.

The Committee shall consist, at the time of entry into force of the present Convention, of twelve experts. After an additional sixty ratifications or accessions to the present Convention, the membership of the Committee shall increase by six members, attaining a maximum number of eighteen members.

The members of the Committee shall serve in their personal capacity and shall be of high moral standing and recognized competence and experience in the field covered by the present Convention. When nominating their candidates, States Parties are invited to give due consideration to the provision set out in article 4.3 of the present Convention.

The members of the Committee shall be elected by States Parties, consideration being given to equitable geographical distribution, representation of the different forms of civilization and of the principal legal systems and balanced gender representation.

The members of the Committee shall be elected by secret ballot from a list of persons nominated by the States Parties from among their nationals at meetings of the Conference of States Parties. At those meetings, for which two thirds of States Parties shall constitute a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.

The initial election shall be held no later than six months after the date of entry into force of the present Convention. At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to the States Parties inviting them to submit the nominations within two months. The Secretary-General shall subsequently prepare a list in alphabetical order of all persons thus nominated, indicating the State Parties, which have nominated them, and shall submit it to the States Parties



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to the present Convention.

The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election once. However, the term of six of the members elected at the first election shall expire at the end of two years; immediately after the first election, the names of these six members shall be chosen by lot by the chairperson of the meeting referred to in paragraph 5 of this article.

The election of the six additional members of the Committee shall be held on the occasion of regular elections, in accordance with the relevant provisions of this art.

If a member of the Committee dies or resigns or declares that for any other cause she or he can no longer perform her or his duties, the State Party which nominated the member shall appoint another expert possessing the qualifications and meeting the requirements set out in the relevant provisions of this article, to serve for the remainder of the term.

The Committee shall establish its own rules of procedure.

The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Convention, and shall convene its initial meeting.

With the approval of the General Assembly, the members of the Committee established under the present Convention shall receive emoluments from United Nations resources on such terms and conditions as the Assembly may decide, having regard to the importance of the Committee’s responsibilities.

The members of the Committee shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations. paola Article 27 : Reports by States Parties Each State Party shall submit to the Committee, through the Secretary-General of the United Nations, a comprehensive report on measures taken to give effect to its obligations under the present Convention and on the progress made in that regard, within two years after the entry into force of the present Convention for the State Party concerned.

Thereafter, States Parties shall submit subsequent reports at least every four years and further whenever the Committee requires them.

If required, the Committee shall decide any guideline applicable to the content of the reports.

A State Party which has submitted a comprehensive initial report to the Committee does not need, in its subsequent reports, to repeat information previously provided. When preparing reports to the Committee, States Parties are invited to consider doing so in an open and transparent process and to give due consideration to the provision set out in article 4.3 of the present Convention.

Reports may indicate factors and difficulties affecting the degree of fulfilment of obligations under the the present Convention. Article 28 : Consideration of reports Each report shall be considered by the Committee, which shall make such suggestions and general recommendations on the report as it may consider appropriate and shall forward these to the State Party concerned. The State Party may respond with any information it chooses to the Committee. The Committee may request further information from States Parties relevant to the implementation of the the present Convention.

If a State Party is significantly overdue in the submission of a report, the Committee may notify the State Party concerned of the need to examine the implementation of the present Convention in that State Party, on the basis of reliable information available to the Committee, if the relevant report is not submitted within three months following the notification. The Committee shall invite the State Party concerned to participate in such examination. Should the State Party respond by submitting the relevant report, the provisions of paragraph 1 of this article will apply. The Secretary-General of the United Nations shall make available the reports to all States Parties.

States Parties shall make their reports widely available to the public in their own countries and facilitate access to the suggestions and general recommendations relating to these reports.



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The Committee shall transmit, as it may consider appropriate, to the specialized agencies, funds and programmes of the United Nations, and other competent bodies, reports from States Parties in order to address a request or indication of a need for technical advice or assistance contained therein, along with the Committee’s observations and recommendations, if any, on these requests or indications. Article 29 : Cooperation between States Parties and the Commitee Each State Party shall cooperate with the Committee and assist its members in the fulfilment of their mandate.

In its relationship with States Parties, the Committee shall give due consideration to ways and means of enhancing national capacities for the implementation of the present Convention, including through international cooperation. Article 30 : Relationship of the Committee with oth er bodies In order to foster the effective implementation of the present Convention and to encourage international cooperation in the field covered by the present Convention: a) The specialized agencies and other United Nations organs shall be entitled to be represented at the consideration of the implementation of such provisions of the present Convention as fall within the scope of their mandate. The Committee may invite the specialized agencies and other competent bodies as it may consider appropriate to provide expert advice on the implementation of the Convention in areas falling within the scope of their respective mandates. The Committee may invite specialized agencies and other United Nations organs to submit reports on the implementation of the Convention in areas falling within the scope of their activities, b) The Committee, as it discharges its mandate, shall consult, as appropriate, other relevant bodies instituted by international human rights treaties, with a view to ensuring the consistency of their respective reporting guidelines, suggestions and general recommendations, and avoiding duplication and overlap in the performance of their functions. Article 31 : Report of the Committee The Committee shall report every two years to the General Assembly and to the Economic and Social Council on its activities, and may make suggestions and general recommendations based on the examination of reports and information received from the States Parties. Such suggestions and general recommendations shall be included in the report of the Committee together with comments, if any, from States Parties. Article 32 : Conference of States Parties The States Parties shall meet regularly in a Conference of States Parties in order to consider any matter with regard to the implementation of the present Convention.

No later than six months after the entry into force of the present Convention, the Conference of the States Parties shall be convened by the Secretary-General of the United Nations. The subsequent meetings shall be convened by the Secretary-General of the United Nations biennially or upon the decision of the Conference of States Parties. Article 33 : Depositary The Secretary-General of the United Nations shall be the depositary of the present Convention. Article 34 : Signature The present Convention shall be open for signature by all States and by regional integration organizations at United Nations Headquarters in New York as of xxxx 2013. Article 35 : Consent to be bound The present Convention shall be subject to ratification by signatory States and to formal confirmation by signatory regional integration organizations. It shall be open for accession by any State or regional integration organization, which has not signed the Convention. Article 36 : Regional integration organizations « Regional integration organization » shall mean an organization constituted by sovereign States of a given region, to which its member States have transferred competence in respect of matters governed by the present Convention. Such organizations shall declare, in their instruments of formal confirmation or



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accession, the extent of their competence with respect to matters governed by the present Convention. Subsequently, they shall inform the depositary of any substantial modification in the extent of their competence.

References to « States Parties » in the present Convention shall apply to such organizations within the limits of their competence.

For the purposes of article 45, paragraph 1, and article 47, paragraphs 2 and 3, any instrument deposited by a regional integration organization shall not be counted.

Regional integration organizations, in matters within their competence, may exercise their right to vote in the Conference of States Parties, with a number of votes equal to the number of their member States that are Parties to the present Convention. Such an organization shall not exercise its right to vote if any of its member States exercises its right, and vice versa. Article 37 : Entry in force The present Convention shall enter into force on the thirtieth day after the deposit of the twentieth instrument of ratification or accession.

For each State or regional integration organization ratifying, formally confirming or acceding to the Convention after the deposit of the twentieth such instrument, the Convention shall enter into force on the thirtieth day after the deposit of its own such instrument. Article 38 : Reservations Reservations incompatible with the object and purpose of the present Convention shall not be permitted. Reservations may be withdrawn at any time. Article 39 : Amendments Any State Party may propose an amendment to the present Convention and submit it to the Secretary-General of the United Nations. The Secretary-General shall communicate any proposed amendments to States Parties, with a request to be notified whether they favour a conference of States Parties for the purpose of considering and deciding upon the proposals. In the event that, within four months from the date of such communication, at least one third of the States Parties favour such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of two thirds of the States Parties present and voting shall be submitted by the Secretary-General to the General Assembly for approval and thereafter to all States Parties for acceptance.

An amendment adopted and approved in accordance with paragraph 1 of this article shall enter into force on the thirtieth day after the number of instruments of acceptance deposited reaches two thirds of the number of States Parties at the date of adoption of the amendment. Thereafter, the amendment shall enter into force for any State Party on the thirtieth day following the deposit of its own instrument of acceptance. An amendment shall be binding only on those States Parties which have accepted it.

If so decided by the Conference of States Parties by consensus, an amendment adopted and approved in accordance with paragraph 1 of this article which relates exclusively to articles 34, 38, 39 and 40 shall enter into force for all States Parties on the thirtieth day after the number of instruments of acceptance deposited reaches two thirds of the number of States Parties at the date of adoption of the amendment. Article 40 : Denunciation A State Party may denounce the present Convention by written notification to the Secretary-General of the United Nations. The denunciation shall become effective one year after the date of receipt of the notification by the Secretary-General. Article 41 : Accessible format The text of the present Convention shall be made available in accessible formats. Article 42 : Authentic textes The Arabic, Chinese, English, French, Russian and Spanish texts of the present Convention shall be equally authentic. IN WITNESS THEREOF, the undersigned plenipotentiaries, being duly authorized thereto by their respective



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Governments, have signed the present Convention.



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OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS O F OLDER ADULTS

The States Parties to the present Protocol have agreed as follows:

Article 1 A State Party to the present Protocol (« State Party ») recognizes the competence of the Committee on the Rights of Older Persons (« the Committee ») to receive and consider communications from or on behalf of individuals or groups of individuals subject to its jurisdiction who claim to be victims of a violation by that State Party of the provisions of the Convention.

No communication shall be received by the Committee if it concerns a State Party to the Convention that is not a party to the present Protocol. Article 2 The Committee shall consider a communication inadmissible when: a) The communication is anonymous, b) The communication constitutes an abuse of the right of submission of such communications or is

incompatible with the provisions of the Convention, c) The same matter has already been examined by the Committee or has been or is being examined under

another procedure of international investigation or settlement, d) All available domestic remedies have not been exhausted. This shall not be the rule where the

application of the remedies is unreasonably prolonged or unlikely to bring effective relief, e) It is manifestly ill-founded or not sufficiently substantiated; or when f) The facts that are the subject of the communication occurred prior to the entry into force of the present

Protocol for the State Party concerned unless those facts continued after that date. Article 3 Subject to the provisions of article 2 of the present Protocol, the Committee shall bring any communications submitted to it confidentially to the attention of the State Party. Within six months, the receiving State shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been taken by that State. Article 4 At any time after the receipt of a communication and before a determination on the merits has been reached, the Committee may transmit to the State Party concerned for its urgent consideration a request that the State Party take such interim measures as may be necessary to avoid possible irreparable damage to the victim or victims of the alleged violation.

Where the Committee exercises its discretion under paragraph 1 of this article, this does not imply a determination on admissibility or on the merits of the communication. Article 5 The Committee shall hold closed meetings when examining communications under the present Protocol. After examining a communication, the Committee shall forward its suggestions and recommendations, if any, to the State Party concerned and to the petitioner. Article 6 If the Committee receives reliable information indicating grave or systematic violations of rights set forth in the Convention by a State Party, the Committee shall invite that State Party to cooperate in the examination of the information and to this end submit observations with regard to the information concerned.

Taking into account any observation that may have been submitted by the State Party concerned as well as any other reliable information available to it, the Committee may designate one or more of its members to conduct an inquiry and to report urgently to the Committee. Where warranted and with the consent of the State Party, the inquiry may include a visit to its territory.

After examining the findings of such an inquiry, the Committee shall transmit these findings to the State Party concerned together with any comments and recommendations.

The concerned State Party shall, within six months after receiving the findings, comments and recommendations transmitted by the Committee, submit its observations to the Committee.



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Such an inquiry shall be conducted confidentially and the cooperation of the State Party shall be sought at all stages of the proceedings. Article 7 The Committee may invite the State Party concerned to include in its report under article 35 of the Convention details of any measure taken in response to an inquiry conducted under article 6 of the present Protocol. The Committee may, if necessary, after the end of the period of six months referred to in article 6.4, invite the State Party concerned to inform it of the measures taken in response to such an inquiry. Article 8 Each State Party may, at the time of signature or ratification of the present Protocol or accession thereto, declare that it does not recognize the competence of the Committee provided for in articles 6 and 7. Article 9 The Secretary-General of the United Nations shall be the depositary of the present Protocol. Article 10 The present Protocol shall be open for signature by signatory States and regional integration organizations of the Convention at United Nations Headquarters in New York as of xxx 201x. Article 11 The present Protocol shall be subject to ratification by signatory States of the present Protocol which have ratified or acceded to the Convention. It shall be subject to formal confirmation by signatory regional integration organizations of the present Protocol which have formally confirmed or acceded to the Convention. It shall be open for accession by any State or regional integration organization which has ratified, formally confirmed or acceded to the Convention and which has not signed the Protocol. Article 12 « Regional integration organization » shall mean an organization constituted by sovereign States of a given region, to which its member States have transferred competence in respect of matters governed by the Convention and the present Protocol. Such organizations shall declare, in their instruments of formal confirmation or accession, the extent of their competence with respect to matters governed by the Convention and the present Protocol. Subsequently, they shall inform the depositary of any substantial modification in the extent of their competence. References to « States Parties » in this shall apply to such organizations within the limits of their competence.

For the purposes of article 13, paragraph 1, and article 15, paragraph 2, any instrument deposited by a regional integration organization shall not be counted.

Regional integration organizations, in matters within their competence, may exercise their right to vote in the meeting of States Parties, with a number of votes equal to the number of their member States that are Parties to the present Protocol. Such an organization shall not exercise its right to vote if any of its member States exercises its right, and vice versa. Article 13 Subject to the entry into force of the Convention, the present Protocol shall enter into force on the thirtieth day after the deposit of the tenth instrument of ratification or accession.

For each State or regional integration organization ratifying, formally confirming or acceding to the Protocol after the deposit of the tenth such instrument, the Protocol shall enter into force on the thirtieth day after the deposit of its own such instrument. Article 14 Reservations incompatible with the object and purpose of the present Protocol shall not be permitted. Reservations may be withdrawn at any time.



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Article 15 Any State Party may propose an amendment to the present Protocol and submit it to the Secretary-General of the United Nations. The Secretary-General shall communicate any proposed amendments to States Parties, with a request to be notified whether they favour a meeting of States Parties for the purpose of considering and deciding upon the proposals. In the event that, within four months from the date of such communication, at least one third of the States Parties favour such a meeting, the Secretary-General shall convene the meeting under the auspices of the United Nations. Any amendment adopted by a majority of two thirds of the States Parties present and voting shall be submitted by the Secretary-General to the General Assembly for approval and thereafter to all States Parties for acceptance.

An amendment adopted and approved in accordance with paragraph 1 of this article shall enter into force on the thirtieth day after the number of instruments of acceptance deposited reaches two thirds of the number of States Parties at the date of adoption of the amendment. Thereafter, the amendment shall enter into force for any State Party on the thirtieth day following the deposit of its own instrument of acceptance. An amendment shall be binding only on those States Parties, which have accepted it. Article 16 A State Party may denounce the present Protocol by written notification to the Secretary-General of the United Nations. The denunciation shall become effective one year after the date of receipt of the notification by the Secretary-General. Article 17 The text of the present Protocol shall be made available in accessible formats. Article 18 The Arabic, Chinese, English, French, Russian and Spanish texts of the present Protocol shall be equally authentic. IN WITNESS THEREOF, the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Protocol.

Documents

Convention on the rights of older adults and optional