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History In Making As Governments Draft A Legally Binding Treaty For Rights Of Older Persons


This is indeed a historic first when governments come
together to draft a legally binding possible treaty to
protect the human rights of older persons. The first ever
historic Inter Governmental Working Group (IGWG) meeting to
protect the rights of older persons was held recently. IGWG
was created by the UN Human Rights Council in April 2025 and
given the mandate to draft a legally binding UN Convention
on the Rights of Older Persons.

“It has taken older
persons, with support from the not-so-old ones, over two
decades of advocacy and efforts to reach this point where
governments are convening to draft a legally binding
possible treaty to age with rights. The process follows the
recognition that existing international human rights
treaties do not specifically address the human rights of
older peoples, leaving them vulnerable to violations,
particularly regarding access to care, social protection,
and in humanitarian crises,” said Shobha Shukla, who was
among the registered delegates for IGWG as part of those
with lived experience as well as representing Development
Justice for Older Persons (DJ4OP) campaign.

Well,
better late than never. The Convention is expected to
protect the rights of older persons, recognise the valuable
economic and social contributions older persons make and
provide a comprehensive and coherent framework for a world
free from ageism and age discrimination.

While opening
the IGWG meet, Nada Al-Nashif, UN Deputy High Commissioner
for Human Rights, who, like Shobha, is a senior citizen
herself, said that “meaningful participation is essential.
Older persons themselves – in all their diversity, including
older women, older persons with disabilities, those
belonging to indigenous peoples, minorities and rural
communities – must be actively engaged in this process.
Civil society organisations, national human rights
institutions and independent experts bring indispensable
experience, data and insight. An inclusive and transparent
process will strengthen both the legitimacy and the quality
of the outcome.”

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“We are living in an age of ageing
with a fast growing number of older people. Life expectancy
has increased significantly in most settings, over the past
years. Japan has nearly 100,000 people aged 100 or older –
the highest in the world, with women comprising roughly 88%
of this population. By 2050 the population of persons above
60 years of age is projected to grow to 2.1 billion (nearly
one fifth of the total global population),” said
Shobha.

Longevity is one of humanity’s greatest
achievements. Yet the promise of longer life is too often
accompanied by persistent gaps in the protection of human
rights.

Ageism lurks

Instead of celebrating
older age we fear it and ageism fuels this fear.

What
is ageism? “Ageism is one big elephant in the room. It
includes harmful norms, stereotypes, narratives and tropes
against older persons. It affects women more than men; less
educated more than better educated. To be a gender diverse
person or a woman or one with disability and to be elderly
is double trouble in many countries including India, more so
if you stand up against ageism and do not fit into the norm.
Subtle nuances of ageism abound in every nook and corner and
lurk where you least expect them – homes, society at large,
workplace, industry, healthcare facilities, media… the
list is endless,” said Shobha Shukla, while speaking in SHE
& Rights session organised by Global Center for Health
Diplomacy and Inclusion (CeHDI), Fos Feminista, Women’s
Rights Caucus, Women Deliver Conference 2026, International
Planned Parenthood Federation (IPPF), Asian-Pacific Resource
and Research Centre for Women (ARROW) and
partners.

“At home and in society at large,
relationships are often defined by age. Intimacy,
companionship, love and support are as important for the
elderly as for the young. Yet these human needs are expected
to dry up with advancing years, and any manifestation of
them is looked down upon. Families often underestimate the
ability of elders (especially women) to live on their own
and lead an independent life. It is deemed okay for ‘elders
to go on a pilgrimage’ but not on a vacation or leisure
trip; it is okay for them to ‘attend a religious discourse’,
but watching a bawdy movie or play is unacceptable.
Grandparents (especially grandmothers) are expected to take
care of their grand kids and deemed selfish if they have
other priorities in life,” said Shobha Shukla of DJ4OP, who
also founded and leads CNS (Citizen News
Service).

Word ‘retired’ reeks of ageism

“At the
workplace, there is the age-related archaic retirement
system – the word ‘retired’ itself reeks of ageism.
One does not retire (except perhaps when she/he/they is
perpetually bedridden) as long as one lives. Yes, we do
change our path and move in new directions. Instead, there
must be support systems in place to ensure that older
persons can make a choice with dignity and rights if they
want to work or not, and age with rights,” said Shobha
Shukla.

“Ageism directly impacts health seeking
behaviour of older people. Research suggests that people
with more negative views on ageing experience poorer health.
Attributing many diseases and disabilities to old age is
largely ageism. Features of our homes and outside
environment (like safe and user friendly access to
utilities) are important contributory factors in maintaining
health and independence as we age,” she added.

“Also,
it is erroneously felt that limited healthcare resources are
better spent on younger persons. Elderly women are care
givers by default for other family members and yet their
healthcare needs are often brushed aside and dubbed a drain
on family resources,” rightly said Shobha.

Age with
rights

Health promotion must include disease
prevention (both non-communicable diseases and communicable
or infectious diseases) in every age group, and not just the
elderly. Many age related diseases and disabilities, are
often preventable, or their severity can be reduced, if
healthy living and active ageing is promoted for every age.
“We have to address population ageing with a lifecycle
approach,” said Shobha Shukla.

“When it comes to
sexual health, less said is better. The elderly are
generally kept absent from the discourses around sexual
health and rights. In many societies there seems to be a
cultural taboo around the sexual health needs of the
elderly. Many find it difficult to accept sexual health and
rights of all peoples – all through their lifecycle –
which includes older persons too. This becomes even more
critically important when it comes to older women, older
women with disabilities, older gender diverse peoples, and
older indigenous peoples. All of us have the right to bodily
autonomy irrespective of our age,” rightly emphasised Shobha
Shukla.

For many older peoples, these challenges are
compounded by intersecting forms of stigma as well as
intersectional discrimination, including on the basis of
gender, disability, ethnicity, or socioeconomic
status.

Age is no barrier to learning but ageism is a
big obstacle

“Age can be no barrier to learning. But
ageism is a huge barrier and so is gender inequality.
Failure to address ageism and do away with age-related
harmful stereotypes, social norms and narratives, fuels
shame or self-stigma, which often results in negative
self-worth, addictions, ill-health, and self-harm. Rooting
out ageism will help older people live with dignity,” said
Shobha Shukla.

The way forward

Older persons
want to lead a meaningful life and require support
mechanisms, including social and financial security, to
continue to function positively. They need affordable and
comfortable public transport, safe spaces for physical
activities, easily accessible healthcare, says
Shobha.

“We need strong laws to stop all forms of
harassment faced by the elderly and make commuting,
workspaces, working hours, nature of work, health services,
social security support systems, friendly for them if
governments truly walk the talk on active ageing and against
ageism,” she added.

Diversity, equity and inclusion
principle

“Older persons are as diverse as other
populations – including in terms of sexual and gender
orientations, expressions and identities; social and
economic backgrounds; cultural backgrounds; skills and
competencies; desires and ambitions; aspirations; hopes and
dreams. So, we have to keep those marginalised among older
persons in the centre of the response – this includes
older women, older indigenous peoples, older gender diverse
persons and peoples with disabilities,” said Shobha
Shukla.

“Elderly should speak up, not lose their
self-confidence, be positive, be as independent as they can
be, not feel ashamed to take help from others, eat healthy
and exercise. We need to unlearn and re-learn how to live
life fully. Remember that age is just a number. We only have
one-shot of life! Age gracefully!” she added.

The
establishment of the IGWG by the UN Human Rights Council
represents a decisive step forward. Its first session has
opened a new chapter in a collective effort to address the
conceptual and normative gaps in the international human
rights framework as it relates to older
persons.

However, as the UN Deputy High Commissioner
for Human Rights, Nada Al-Nashif, has rightly remarked “A
legally binding instrument will not, by itself, resolve all
the challenges older persons face. Its effectiveness will
depend on political will, adequate resources, strong
institutions, and sustained societal
transformation”.

But a legally binding treaty can
definitely accelerate progress towards preparing all
countries for population ageing which is already a growing
reality. Let us hope that this possible legally-binding UN
treaty affirms the agency of older persons and safeguards
their autonomy across all areas of life – and all through
their lifecycle.

“We, the elderly are not asking for
mercy. We are asking for our long overdue rights. We need to
be recognised – not as burdens, but as rights holders and as
vital contributors to families, communities, economies and
public life. We do not need shelter homes but the right to
live a fulfilling life. Ageism and gender inequality has to
end with us,” rightly said Shobha.

Bobby Ramakant – CNS (Citizen News
Service)

Shared under Creative Commons
(CC)

© Scoop Media


 



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