Event Recap: What to Expect from the Nascent Negotiations of an International Human Rights Treaty for Older Persons – Petrie-Flom Center

Report on the Proposed International Treaty for the Rights of Older Persons and Alignment with Sustainable Development Goals

Introduction: Addressing Gaps in Human Rights and Sustainable Development

Current national and international legal frameworks provide insufficient human rights protection for older persons against the effects of ageism. This inadequacy creates significant barriers to achieving multiple Sustainable Development Goals (SDGs), particularly SDG 10 (Reduced Inequalities). National policies often fail to address the social, healthcare, and economic consequences of aging populations, undermining progress towards SDG 3 (Good Health and Well-being) and SDG 8 (Decent Work and Economic Growth). In response, the United Nations Human Rights Council’s resolution 58/13 has initiated negotiations for a new treaty specifically focused on the rights of older persons. This initiative represents a critical opportunity to strengthen global legal standards and build stronger institutional frameworks, in line with SDG 16 (Peace, Justice and Strong Institutions).

Key Drivers and Strategic Considerations for the Treaty

A recent webinar organized by the Harvard Law School Project on Disability (HPOD), the Petrie-Flom Center, and the Center for Law, Brain & Behavior convened experts to assess the treaty negotiations. Key discussion points included:

• The COVID-19 Pandemic: The pandemic exposed the severe consequences of isolation and inadequate care systems for older persons, highlighting the urgent need for a treaty to safeguard their rights and well-being, a core component of SDG 3.
• Lessons from the CRPD: The successful negotiation of the Convention on the Rights of Persons with Disabilities (CRPD) serves as a model. A new treaty for older persons could similarly elevate their rights to the forefront of international and national policymaking, advancing the inclusivity central to the 2030 Agenda.
• Broad Stakeholder Engagement: Learning from the CRPD process, it is crucial to ensure wider civil society participation. Involving diverse groups, including women’s organizations and environmental actors, is essential for a comprehensive and effective treaty, reflecting the collaborative spirit of SDG 17 (Partnerships for the Goals).

Identified Deficiencies in National Policies and SDG Alignment

Panelists identified several areas where national laws fail to protect older persons, directly impeding SDG progress. The new treaty should seek to address these gaps:

1. Economic and Social Protection: Widespread gaps exist in protections against age-based employment discrimination, guarantees of paid leave for workers caring for aging relatives, and access to adequate income in old age. These failures directly challenge the achievement of SDG 1 (No Poverty), SDG 5 (Gender Equality), and SDG 8 (Decent Work and Economic Growth).
2. Social Security Systems: Many national social security schemes are based on outdated models of a “standard” worker and fail to account for diverse occupations and life courses. Adopting a human rights-based approach is necessary to create equitable systems that support SDG 10.
3. Health and Care Services: Service delivery systems often reflect ageist assumptions, treating older persons as passive recipients of care. This leads to an overreliance on institutional models that can result in segregation and a loss of autonomy, contrary to the principles of SDG 3 (Good Health and Well-being) and SDG 11 (Sustainable Cities and Communities).

The Path Forward: Challenges and Opportunities

The Intergovernmental Working Group on the Rights of Older Persons is tasked with overseeing the treaty negotiation process. As it prepares for its first meeting, the group must develop a course that addresses not only existing human rights challenges but also accounts for the adverse effects of global phenomena. Future considerations for the treaty must include:

• Climate Change
• Armed Conflicts
• Rapidly-Evolving Technologies

Successfully navigating these complex issues will be vital to forging an international legal instrument that protects the dignity of older persons and reinforces the global commitment to the Sustainable Development Goals.

Analysis of Sustainable Development Goals in the Article

1. Which SDGs are addressed or connected to the issues highlighted in the article?

• SDG 3: Good Health and Well-being

  The article connects to SDG 3 by discussing the “healthcare… consequences of aging” and the need to transform “service delivery systems” for older persons. It highlights the impact of the COVID-19 pandemic, which “crystallized… the urgent need for a new treaty” due to the isolation and deaths among the elderly. This focus on health systems, well-being, and care for an aging population directly aligns with the goal of ensuring healthy lives for all at all ages.

• SDG 8: Decent Work and Economic Growth

  This goal is addressed through the article’s mention of “age-based employment discrimination” and the need for “access to income protections in old age.” Professor Jody Heymann’s work is cited, which catalogued these specific gaps. Furthermore, the critique of national social security schemes failing to account for diverse occupations touches upon the economic security and decent work aspects for people as they age.

• SDG 10: Reduced Inequalities

  This is a central theme of the article. The entire discussion revolves around combating the “pervasive effects of ageism” and ensuring the human rights of older persons. The article explicitly points out that older persons are afforded “limited human rights protections” and calls for their “social inclusion.” The proposed treaty aims to reduce the inequality faced by this demographic, aligning perfectly with the goal of empowering and promoting the inclusion of all, irrespective of age.

• SDG 16: Peace, Justice and Strong Institutions

  The article is fundamentally about strengthening legal institutions to protect a vulnerable group. It critiques the current “national legal frameworks” and the “international legal framework” for having “gaps” in protecting older persons. The main subject, the UN Human Rights Council’s resolution to negotiate a “new treaty focused specifically on older persons,” is a direct effort to build a stronger, more inclusive, and just international legal institution to uphold human rights.

2. What specific targets under those SDGs can be identified based on the article’s content?

1. Target 10.2:

   “By 2030, empower and promote the social, economic and political inclusion of all, irrespective of age, sex, disability, race, ethnicity, origin, religion or economic or other status.” The article directly supports this target by advocating for a new treaty that can “catapult older persons to the forefront of international and national policymaking” and promote their “social inclusion.”

2. Target 10.3:

   “Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies and practices and promoting appropriate legislation, policies and action in this regard.” The article’s focus on inadequate “national legal frameworks” and the “pervasive effects of ageism” points to the need to eliminate discriminatory practices. The negotiation of a new treaty is the “appropriate legislation” and “action” needed to achieve this target for older persons.

3. Target 16.b:

   “Promote and enforce non-discriminatory laws and policies for sustainable development.” The entire initiative described in the article—the UN Human Rights Council’s resolution and the negotiation of a new treaty—is a direct attempt to promote and eventually enforce a non-discriminatory international law specifically to combat ageism and protect the rights of older persons.

4. Target 8.5:

   “By 2030, achieve full and productive employment and decent work for all women and men… and equal pay for work of equal value.” The article identifies “gaps in protections against age-based employment discrimination” as a key issue that a new treaty should address, directly aligning with the goal of ensuring decent work for all, regardless of age.

5. Target 3.8:

   “Achieve universal health coverage, including financial risk protection, access to quality essential health-care services…” The call to transform “service delivery systems” which often reflect “ageist assumptions” and rely on an “institutional models of care” relates to improving access to quality and appropriate healthcare services for older persons.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

• Existence of Anti-Discrimination Legislation (Implied for Targets 10.3 and 16.b):

  The article’s focus on gaps in “national legal frameworks” implies that a key indicator of progress would be the number of countries that develop and adopt comprehensive laws and policies protecting against ageism and guaranteeing the rights of older persons. The ultimate indicator mentioned is the successful negotiation and ratification of the “new treaty focused specifically on older persons.”

• Policies on Employment and Social Protection (Implied for Target 8.5):

  The article mentions specific policy areas catalogued by the WORLD Policy Analysis Center. Therefore, progress could be measured by indicators such as: the number of countries with laws explicitly prohibiting “age-based employment discrimination,” the number of countries providing “guarantees of paid leave for workers to provide care for aging relatives,” and the proportion of the older population covered by adequate “income protections” and social security schemes.

• Models of Care for Older Persons (Implied for Target 3.8):

  The critique of “overreliance on institutional models of care” suggests an indicator for progress would be a shift in service delivery. This could be measured by the proportion of older persons receiving community-based or in-home care versus those in institutional settings, reflecting a move away from segregation and towards more inclusive models.

4. Summary Table of SDGs, Targets, and Indicators

Source: petrieflom.law.harvard.edu