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Background paper
Proposal for a UN CEDAW Committee General Recommendation on Older Women:
Strengthening the Protection of the Rights of Older Women
Introduction: the century of ageing
2008 marks the 60th anniversary of the Universal Declaration of Human Rights (UDHR). Along with the development of the international human rights mechanisms, the last 60 years has seen unprecedented demographic ageing which is set to continue, making the 21st century the century of ageing. As populations age in both developed and developing countries, the number and proportion of older women is increasing.
Yet across the world many women who are also 60 this year will have little cause for celebration as they are marginalised and discriminated against both because they are women and because they are old. To mark and celebrate the 60th anniversary of the UDHR, we urge the Committee to initiate a process that would result in the adoption of a General Recommendation on the rights of older women.
Women and ageing
Whilst global statistics mask the very different contexts in which older women live, they do serve to illustrate the gendered nature of ageing[1][1]. More older women than older men live alone, with 19% of older women compared to 8% of older men living on their own. Whilst for some older women this may be a lifestyle choice, for others it can lead to isolation and be a barrier to accessing support and services. Similarly, 80% of men over 60 are married compared to only 48% of older women. There are more women living into their 80s and beyond, women having a life expectancy at 60 of 21 compared to that of 17 for men, and whilst there are 82 men for every 100 women at the age of 60, there are only 55 for every 100 women at the age of 80.
Older women and discrimination
Men and women experience ageing differently. Both experience discrimination based on old age but, for older women, this can be exacerbated by a lifetime of gender-based discrimination, poverty and of working in poorly paid jobs with little access to formal social security to provide a regular income for them in old age.
The discrimination older women experience is often intersectional, their old age compounding other forms of discrimination based on gender, ethnic origin, disability, levels of poverty or literacy. Often considered no longer economically or reproductively useful, many older women are seen as a burden on their families and communities, are marginalised, isolated and even abandoned.
Many older women lack the necessary identification documentation that would enable them to access the entitlements that are theirs by right. There is not enough data disaggregated by age, especially over 60 years old, and sex that would enable government and non-government interventions to better respond to the needs of older women.
Yet despite this, older women continue to contribute
to their households and families through continuing employment in both formal
and
Older women’s rights under international human rights law
Few legal human rights instruments relate specifically
to older women as a distinct category. Instead older women are covered
implicitly via the universality of human rights. They can also look to their
rights by way of their sex or membership of a particular racial, religious or
minority group. Given the increased
parental responsibilities of older women as a result for example, of HIV and
AIDS, the needs and rights of many older women are also closely associated with
the fulfilment of the Convention on the Rights of the Child and related areas
of international law which provide for child rights and
However, the seriousness of age discrimination is
increasing being recognised by the international human rights machinery. Age
itself has been explicitly listed as prohibited grounds for discrimination in
the more recent conventions. The International Convention on the Protection of
the Rights of All Migrant Workers and Members of their Families (1990) lists age
as one of grounds on which State Parties must not discriminate against migrant
workers or their families (article 7). The Convention on the Rights of Persons
with Disabilities (2008) protects the rights of older disabled people,
including the right to special
However, the rights of older women have rarely been specifically referred to. The Protocol to the African Charter on Human and People’s Rights on the rights of women in Africa[2][2] (2003) explicitly prohibits discrimination against older women based on age, states their right to freedom from violence and the right to be treated with dignity (article 22). The Committee on Economic, Social and Cultural Rights’ General Comment 6 (1995) states that States parties should pay particular attention to older women who are often in “critical situations” with no entitlement to an old age or widow’s pension (paragraph 20).
Older women’s rights and the CEDAW reporting process
We applaud and appreciate the attention the CEDAW Committee has given to older women’s rights to date. In its Decision 26/III Ending discrimination against older women through the Convention, the Committee recognised that the Convention “is an important tool for addressing the specific issue of the human rights of older women”[3][3].
In particular the Committee recognised that discrimination against women throughout their lifespan has a severe and compounded impact on women in old age. It recognised the lack of statistical data disaggregated by age and sex, including the incidence of poverty and violence against older women, and the need for improving older women’s economic, physical, mental and social well-being as well as their participation in society.
A number of concluding comments have been made by the
CEDAW Committee on discrimination against older women on a range of issues, for
example, older women’s poverty (France 2003), early retirement policies for
women (Czech Republic 1998), high illiteracy rates (Romania 2000), lack of
identity documentation (
However, despite the Committee’s concern for the situation of older women, in particular poor rural older women, older women’s rights are not systematically addressed either in State reports or NGO shadow reports. In the majority of cases, older women and the discrimination that they experience remains invisible.
CEDAW and discrimination against older women
The form discrimination against older women takes varies from country to country, and between different cultural settings and economic groups. As the world ages, new forms of discrimination based on age and gender may arise. Poor older women are particularly affected by the present rises in food prices and rural older women are increasingly feeling the negative impact of climate change.
Each and every article of the Convention is relevant to older women if interpreted through an ageing perspective, but there are a number where discrimination against older women is more common, systematic and widespread.
Article 2 – discrimination against women in all its forms
A variety of legislation and practice can discriminate against older women and it is imperative that State Parties review and repeal such legislation through both a gender and an age-related perspective.
Article 5 – stereotypes and harmful practices
Stereotypes and traditional practices related to women and old age can result in the subjection of older women to various forms of abuse and violence - physical, psychological, verbal and financial - because they are old and because they are women.
Article 7 – participation in political and public life
Older women are often discriminated against in terms of not being given the opportunity to participate in political processes and decision-making.
Article 10 - education
The illiteracy rates amongst older women are high due to having been unable to access education when they were young. Few poor, illiterate older women, especially in rural areas, have access to vocational adult education or basic literacy and numeracy training. This can severely restrict their full participation in public and political life, the economy and access to a whole range services, entitlements and recreational activities.
Article 11 – employment & social security
Many older women live in poverty, having worked in low
paid jobs or in unpaid work all their lives, unable to accumulate assets. Many
lack income security with inadequate or no access to social security and very
few older women have access to non-contributory, state provided (social)
pensions. Retirement ages may differ between men and women, women being forced
to retire earlier sometimes against their will. UN statistics show that, the
less developed the country, the more older women continue to remain in the
labour force[5][5]. This is often in low paid and demeaning types of jobs with few, if
any, rights.
Article 12 – access to health
Postmenopausal conditions and diseases tend to be neglected in research, academic studies, public policy and service provision. In many countries few health personnel are trained in geriatric medicine and so health care service provision remains inappropriate to older women’s physical, functional and mental health needs. Many poor older women with no private health insurance or access to formal social security cannot afford health care, particularly in rural areas where health posts may be long distance from where they live and they cannot afford the transport costs. Abuse and neglect of older women can take place in institutional care homes.
Article 13 – access to finance
Micro-credit and finance schemes can have age limit
restrictions which prevent older women from accessing them.
Article 14 – rural women
In many countries the majority of older women live in rural areas where access to services is made more difficult due to their age and poverty levels. Urbanisation and economic migration has left many older rural women in charge of young family dependents and maintain small farms without the support of their adult children.
Article 16 – property and inheritance
In many settings the state of widowhood or being single due to divorce or never having been married profoundly changes older women’s status in society and can result in discrimination both in law and in practice, particularly in terms of property and inheritance rights.
Recommendations
1. We therefore recommend that the CEDAW Committee initiate a process that would review the relationship between all the articles in the Convention and ageing. We recommend that this results in the adoption of a General Recommendation on older women’s rights which would outline the content of the obligations assumed by States as parties to the Convention from the perspective of ageing and older women’s rights. It would include steps to support State Parties’ compliance with these obligations as well as provide guidance to both State Parties and NGOs on inclusion of older women’s rights in their reporting.
2. We recommend that the Committee explore the possibility of the systematic inclusion of a question on the rights of older women in the Committee’s List of Issues to encourage State reporting and compliance with its obligations.
Submitted to the CEDAW Committee in July 2008 by Ms Ferdous Ara Begum
Member, UN CEDAW COMMITTEE
Endorsed, as of 06/11/08, by:
1. Associated Country Women of the World (ACWW)
2. B’nai B’rith International
3. Dutch Speaking Council of Women/Belgium
4. EURAG
5. Global Action on Aging
6. Gray Panthers
7. Franciscans International
8.
9.
International
10. International Council of Jewish Women (ICJW)
11. International Council on Social Welfare
12. International Federation of Business and Professional Women (BPW-International)
13. International Federation of University Women
14. International Federation on Ageing
15. International Immigrants Foundation
16. International Network for the Prevention of Elder Abuse
17.
International
18. National Association of Negro Business and Professional Women
19.
National Council of Women of the
20.
Older Women's Network,
21. Soroptimist International
22. VIVAT International
23. Women’s International Democratic Federation
24. Women's Association for Better Aging Society
25. World Federation of Ukrainian Women’s Organizations
26. Worldwide Organization for Women
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[1][1] All data is taken from UNDESA, Population Ageing Chart, UNDESA 2006, http://www.un.org/esa/population/publications/ageing/ageing2006table.xls
[2][2] Protocol to the African charter on Human and Peoples’ Rights on the
Rights of Women in
[3][3] CEDAW, Ending discrimination against older women
through the Convention, 07/05/02, A/57/38 (Part 1), para 430-436 (Decision)
[4][4] www.bayefsky.com visited 14 July
2008
[5][5] UNDESA, Population Ageing Chart, UNDESA 2006, http://www.un.org/esa/population/publications/ageing/ageing2006table.xls