The Human Rights of
Older Persons
By 2050, one in six people around the world will be aged 65 or older. In Latin America and the Caribbean, they will represent between 20% and 25% of the population.
The Inter-American Human Rights System and the Rights of Older Adults
Even before the Inter-American Convention on the Protection of the Human Rights of Older Persons came into effect, the IAHRS had already addressed the human rights of older adults through various international legal instruments, cases brought before the IA Court, and reports.
2017
The Unit on the Rights of Older Persons is created
This unit was established to promote, protect, and ensure the recognition of the human rights of older people—
an urgent challenge facing the Americas.
2019
The unit becomes the Office of the Thematic Rapporteur on the Rights of Older Persons
Its mandate is to promote, protect, and ensure the recognition of the human rights of older people in the Americas, recognizing them as full rights-holders.
It is now one of the strategic priorities of the IACHR’s Executive Secretariat.
Inter-American Convention on the Protection
of the Human Rights of Older Persons
2013
The IACHR presented a report to the OAS Permanent Council highlighting key considerations on the protection of older adults. These insights informed the work of the group drafting the Inter-American Convention on Protecting the Human Rights of Older Persons, enabling them to draw on the IACHR’s expertise in promoting and defending human rights across the region.
2015
OAS Member States adopted the Inter-American Convention on the Protection of the Human Rights of Older Persons.
Concepts and definitions
Older Person
A person aged 60 or older (unless national law sets
a different minimum age, which cannot in any case be older than 65), who is a full rights-holder with specific
and diverse needs.
Multiple or intersectional discrimination
Discrimination based on two or more factors, such as age and gender.
Discrimination
Discrimination
Any action (distinction, exclusion, or restriction) seeking to repeal or limit
a human right.
Ageism
Ageism
Age-based social discrimination against older adults, exposing them to various types of violence.
Age-based discrimination
in old age
A situation that occurs when age alone is used as the basis for discriminatory treatment.
New paradigm
in aging
An approach that affirms that older adults are rights-holders and that their specific needs are human rights concerns. Since the 1980s, various international human rights instruments have supported a shift in how this population is perceived and treated and their role in society.
Thematic Report
Human Rights of the Elderly and National Protection Systems
in the Americas
The IACHR has increasingly prioritized the situation of older persons in the Americas through its system petition and case system, precautionary measures, monitoring mechanisms such as hearings and visits, and by including the issues in various reports.
This report concerns the right of older people to access comprehensive national protection systems that promote active, dignified aging, enabling them to exercise their rights fully and live independent, autonomous lives with appropriate care and support.
Explore the campaign to promote the report
Rights of older persons enshrined in the
Inter-American Convention on the Protection
of the Human Rights of Older Persons
The following sections contain more information on the rights and international protection standards recognized by the Inter-American Human Rights System that promote equality and nondiscrimination in response to the historical exclusion of older people.
Right to independence
and autonomy
Older persons have the right to make their own decisions, define their life plans according to their traditions and beliefs, and access the tools to exercise their rights on an equal footing with other members of society.
Right to
accessibility and personal mobility
Older persons must be guaranteed access to different forms of infrastructure to enable them to move freely and
take part in community life.
Right to
social security
Older persons have the right to social security coverage that provides them sufficient income to ensure a dignified standard of living in old age.
Right to care
Older persons have the right to access comprehensive and palliative care to protect and promote their health. Care must be provided without discrimination
and with the individual’s informed consent, respect their legal personhood,
and be delivered by
trained professionals.
Right to health and informed consent
Older persons have the right to the highest attainable standard of health, such that they can live dignified lives that are free of illness, enjoying physical, mental, and social health. They also hold the inalienable right
to give free and informed consent for any medical
or surgical treatment, procedure, or research.
Right to freedom
of expression
and access
to information
Freedom of expression
and access to digital communication platforms have become the norm,
but digital generation gaps often exclude older persons, who must be guaranteed equal access to these
and the ability to express themselves freely.
Right to safety
and a life free
from violence
Older persons have the right to safety and to live free from violence, torture, or cruel, inhuman, or degrading treatment, particularly
when such treatment is in connection with their age
or a longstanding condition of social vulnerability..
Right to participation and community integration
Older persons have the right to participate and engage fully, actively, and meaningfully in family, community, and social life.
Right to water, sanitation, food,
and housing
Older persons have the right to a comprehensive care system that ensures
the protection and promotion of their health, social security coverage, food and nutritional security, water, clothing, and housing, all promoting autonomy
and independence.
Right to access
to justice
Older persons have the right to fair and appropriate access to justice through preferential treatment and tailored procedures that address their specific needs.
Additional factors that increase discrimination against older persons
Some older individuals and groups of older persons are particularly vulnerable
due to overlapping forms of discrimination they have experienced throughout
their lives. The following examples illustrate some of these groups, though
this list is not exhaustive.
Older Women
Older Indigenous
People
Older People of
African Descent
Older People who are Deprived of their Freedom
Older LGBTI People
Older People
in Movement
Older People
with Disabilities
Older People living in Poverty or Extreme Poverty
Overview of the rights of older persons
in the Americas
The Inter-American Convention
on the Protection of the Rights
of Older Persons is the most comprehensive international legal instrument for protecting the human rights of older persons.
It is essential for the convention
to be universally ratified across
the Americas.
Ageism—discrimination based
on age—remains deeply rooted
in the Americas and is frequently overlooked, contributing to violence and abuse against
older persons.
The lack of disaggregated, representative data is an alarming sign of exclusion that undermines effective policymaking and
legal reform.
The countries have ratified the Inter-American Convention on the Protection of the Human Rights
of Older Persons: Argentina, Bolivia, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Mexico, Peru, Suriname, and Uruguay.
Despite the frameworks, laws,
and programs in place, protecting the rights of older persons from intersectional discrimination remains a challenge across
the Americas.
All States in the region have at least some form of legal mechanism seeking to protect the rights of older persons.
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