WUNRN
EFFECTIVE
PROTECTION OF THE HUMAN RIGHTS OF OLDER WOMEN THROUGH THE CEDAW CONVENTION AND
THE CEDAW COMMITTEE GENERAL RECOMMENDATION NUMBER 27
FERDOUS ARA BEGUM
FORMER MEMBER OF THE UN CEDAW COMMITTEE
THE FIRST SUBSTANTIVE SESSION OF THE OPEN ENDED WORKING
GROUP ON STRENGTHENING THE HUMAN RIGHTS OF OLDER PEOPLE
UNITED NATIONS HEADQUARTERS, NEW YORK,
18-21 APRIL, 2011
INTRODUCTION:
I would like to thank the Chair of the Open Ended
Working Group to invite me in this important discussion on strengthening the
protection of the human rights of older persons through the implementation of
the existing international frameworks based on age and gender.
As a former member of the UN CEDAW Committee, my
presentation will be mostly focused towards CEDAW Convention and its General
Recommendation number 27 also using CEDAW jurisprudence how best we can protect
human rights of older women.
At present
there are several International human rights Instruments, some are soft laws,
such as the Madrid
International Plan of Action on Ageing and its Regional Implementation
Strategy, which are dedicated to mainstream ageing issues but non binding in
nature.
The General
Recommendation Number 27 under CEDAW Convention is a remarkable protection
strategy with state obligation, which addresses all aspects that affects the
life of older women, also incorporates the specificities of all groups of older
women and their specific vulnerabilities. The General Recommendation is equally
useful to older women in developed or in developing countries, in rural areas
or in urban slums, in the areas of conflicts or in the situation of natural
disasters.
It addresses all
the key issues like, universal access to all social services, increasing number
and amount of social pension, enacting laws and policies that prevent age and
gender based discrimination in all walks of life including discrimination in
the work place, access to health needs and education. It also addresses
feminization of poverty and ensuring their rights to have dignified, productive
and healthy.
Today number of ageing population is increasing more than a rate that was expected. Due to decline in fertility and rising longevity, the world is ageing at an ever increasing pace. General Recommendation states that women tend to live longer than men and those older women than men live alone. Quoting from UNDESA, Population ageing and development chart, 2009, the GR mentions that there are 83 men for every 100 women over the age of 60 and 80 % men over the age of 60 are married compared with only 48%of older women.
Population ageing
is now more than just a demographic issue – it is a social and economic issue
and must be addressed with increased attention and resources and can be
effectively targeted through the achievement of millennium development goals by
2015.
Now I would like to
discuss the CEDAW Convention as an instrument to eliminate discrimination
against older women from the perspectives of state obligation.
CEDAW
CONVENTION
The Convention on
the Elimination of All Forms of Discrimination Against Women (CEDAW) is a
living instrument to protect the human rights of older women as it is mandated
to eliminate all forms of discrimination against women throughout their
lifespan.
The Convention
focuses on discrimination and gender equality as women tend to suffer
disproportionately from various forms of discrimination and lack of access to
basic needs and services
To ensure older women’s enjoyment of their
human rights and fundamental freedoms, States parties as party to the
Convention are under the obligation to protect, respect, promote and fulfill
these rights.
At present 187
States Parties ratified the CEDAW Convention who has the binding obligation to
protect and promote the human rights of
older women through gender and age specific national laws and policies in line
with the Convention. The Committee has
been increasingly addressing in its concluding observations, during
constructive dialogue and in its list of issues and questions, as well as
through follow up mechanism the
discrimination faced by older women in various countries in a wide range of
areas. Optional Protocol of the
Convention is also an important mechanism to protect women from discrimination
and abuse. Besides, States parties are liable to submit initial or periodic
reports to the Committee regarding the implementation status of the convention
which should also include the situation of older women in the country.
In January 2010 at the 45th CEDAW
Session in Geneva, older women’s issues were raised by the Committee members
for all eight reporting countries. Especially in case of Malawi, where the
issues included witchcraft allegations, mob trials and killing of older widows in
order to grab their property. In case of the Netherlands, health care systems
for older women were an issue. In the 48th CEDAW Session in case of
Sri Lanka questions were raised on the rural women, widows including older
women in post conflict situation and rehabilitation process of older women
affected by natural disaster-Tsunami in 2004.
In the 47thCEDAW
Session HELPAGE International submitted parallel reports on the discrimination
against older women in Uganda and Burkina Faso which generated great concern
among Committee members regarding the act of violence and witchcraft allegation
against older women in Burkina Faso and displaced older women in Northern
Uganda.
These are obviously
good exposures of the situation of older women but in general national legal
systems and policy actions are silent about the situation of older women.
Despite the Committee’s concern for the
situation of older women, however, their rights are not systematically
addressed either in State reports or NGO shadow reports. In most cases, older
women and the discrimination they experience remain invisible.
Besides, very few countries have legislation
prohibiting discrimination based on age and gender in all areas including
employment, elder abuse or health care. National policies on gender equality
and non discrimination rarely include the issues of older women. In many
countries ageism and age discrimination continue to be tolerated and accepted
at the individual level, institutional and policy level.
The Committee
placed strong emphasis on the need for Governments to collect and analyze
statistical data disaggregated by sex and age as a way to assess more effectively their living
conditions, the incidence of poverty among them and violence against them.
The Committee expressed its concern about the lack of
information regarding the sexual, mental and physical abuse, neglect and
violence against older women which cumulatively expose them to multiple forms
of discrimination and discomfort.
The Committee put strong emphasis on the wisdom and
experience which come with age and which are vital assets for the society and
should be acknowledged as such. Older persons are breaking new grounds every
day and showing that age need be no barrier to success in their chosen fields.
The committee also acknowledged that older women are not a homogeneous group. They have a great diversity of experience, knowledge, ability and skills which need to be reflected in the policy actions.
Now I will discuss
in brief the salient features of the General Recommendation 27 and how it is
committed to protect the human rights of older women.
CEDAW GENERAL RECOMMENDATION NUMBER 27:
To create a more
comprehensive mechanism for the protection of human rights of older women the
CEDAW Committee adopted the General Recommendation No 27, on the protection of
Human Rights of Older Women in its 47th session in October, 2010. It
is expected that the newly adopted General Recommendation on older women would
enable the Committee to focus on the country specific issues; so that effective
recommendations and guidance could be provided to the States Parties and older
women can participate fully in the society without discrimination and on the
basis of equality with men.
It would also give
older women and their rights a greater visibility and priority amongst States
parties, NGO’s and the wider UN Human Rights System.
It is also
worthwhile to mention that NGOs, Civil Society members and different UN Bodies
provided valuable inputs in the preparation of the General Recommendation on
older women. It is also important to note that in the following session, that
is in the 48th CEDAW Session the committee members raised questions and
comments to most of the seven reporting countries on various issues related to
older women, including their access to basic services, collection of data,
protection from violence and abuse, economic and health needs of older women in
rural areas and older women with disabilities including addressing to their
poverty.
The general Recommendation underpins all the issues that affect the life of older women. Now I will focus on some of these issues.
The forms of discrimination
The General Recommendation number 27 acknowledged in Para 13 that the discrimination older women experience is often multidimensional, with age discrimination, compounding with other forms of discrimination. Such as discrimination based on sex, gender, ethnic origin, disability, levels of poverty and education and other grounds. Older women who are members of minority, ethnic or indigenous groups, or who are internally displaced or stateless and refugee women often experience disproportionately a higher degree of discrimination.
Older women in
prison, older sex workers, and older widows often face severe neglect and
denial of their rights to the basic services.
Stereotypes
Though older women
often play a crucial role as a care giver and parent substitutes in families
affected by economic migration, care to elderly persons or to persons with HIV AND AIDS but their contributions are not
remunerated or valued.
UN Secretary
General Ban Ki-Moon said on the occasion of Older Person’s Day in October
2010,” In those Countries hardest hit by AIDS pandemic, it is always
grandparents who are left to care for AIDS orphans. In Sub-Saharan Africa 20 %
of rural women aged 60 or older are sole care givers of their grand children.”
But these important contributions of older
women often go unrecognized and undervalued. . States Parties have the
obligation to promote positive images of older women through media that their
wisdom and experience and past contributions are appreciated as important to
the society.
Non Discrimination and Recognition before the Law
The States parties
have the obligation under article 2 of the convention to abolish or modify
existing laws, regulation and customs which discriminate against older women.
Prohibition of discrimination is one of the pillars of International Human
Rights law. States parties should adopt gender-sensitive and age-specific
policies and measures to ensure that older women participate fully and
effectively in the political, social, economic, cultural, civil and all other
fields in their societies. Older Women and widows need to be protected from
property grabbing, inheritance and ownership of property.
States Parties
should collect, analyze and disseminate data disaggregated by age and sex,
including data on the issues of poverty, illiteracy, unpaid work, access to
health care, housing, social and economic benefits and employment also
incidence of violence . Governments should utilize this information in the
programmes and policies for the benefit of older women.
LIFE CYCLE APPROACH
The CEDAW General Recommendation Number 27 acknowledged
that the full development and advancement of women cannot be achieved without
taking a life cycle approach, recognizing and addressing the different stages
of women’s lives such as— childhood,
adolescence, adulthood and old age — and their impact on enjoyment of human
rights by older women. States Parties have an obligation to ensure these rights
and also to ensure that older women have access to adult education and lifelong
learning opportunities.
Protection from violence and abuse
States Parties have
an obligation to enact laws on domestic violence, sexual violence and violence
in institutional settings against older women including women with disabilities
and prosecute and punish all acts of violence against them as per general
recommendation 19 of the Convention.
When considering Sexual violence, State
Parties should give due consideration to older women in armed conflict,
stateless women, refugee women and asylum seekers and provide assistance and
support as per UN Security Council Resolution 1325 and 1820.
Right to health
States Parties
should adopt a comprehensive health policy for the protection of health needs
of older women as stated in General Recommendation 24 of the convention. This
should ensure affordable and accessible health care and include interventions
promoting behavioral and lifestyle changes to delay onset of health problems.
In China morning exercise with music in the parks and gardens are very popular
among elderly people.
Policy actions and
resource allocation are important in the area of long term health and social
care, training of health care workers in geriatric illness and palliative care.
France has a separate ministry for older persons. Elderly health care is a high
priority issue of the government.
Chinese Government
has taken an important step through
Offering tax breaks
for investments in the ageing industries such as hospitals, homes etc for
senior citizens.
Also china has developed mobile phones and
calling bells with big finger touch buttons easy to use by the elderly people.
Right to work and social security and adequate housing
States parties have an obligation to facilitate the
participation of older women in paid work without facing any discrimination
based on their age and sex. States parties should ensure that they are not
forced into early retirement or similar solutions and do not discriminated
against pension benefits. States parties should also monitor the impact of
gender pay gaps on older women.
Regarding the right
to have adequate housing, priority in the allocation of housing and land should
be ensured to disadvantaged groups such as the older people and persons with
disabilities. States parties also should protect older women against forced
evictions and homelessness.
Poverty and marginalization of older women
Poverty of older
women in rural areas has been a major issue of concern for the Committee on the
Elimination of Discrimination against Women. UN Independent Expert on extreme
poverty also raised her concern on the same issue and said that non contributory
pensions are the most efficient way of ensuring protection for older women and
compensating them for their years of unpaid and inadequately paid works.
States Parties
should provide collateral free microcredit to older women and should provide
affordable transportation to enable older women to participate in economic and
social life, including community activities. States Parties also should provide
affordable water, electricity and other utilities to older women so that they
may have a better life.
Older women should have access to hold public office at
all levels in the decision making positions and that older women have the
necessary documentation to register to vote and run as candidates for
election.
Significant Gaps in the process of implementation of
the various International Frameworks for the protection of Human Rights of
older persons
Over the past two
decades, ageing has surfaced as a policy issue in various International
instruments mostly of non binding nature as I have indicated earlier.
The UN concerns on
ageing was first recognized in the First World Assembly on Ageing in Vienna in
1982 where an International plan of Action on Ageing was adopted outlining the
rights of older persons.
In 1992 UN adopted
the Madrid Plan of Action on Ageing. But this plan does not have a binding
commitment on Governments for implementation as well as to provide additional
resources. It also lacks mechanism for monitoring and implementation.
The Second World
assembly on Ageing, which took place in Madrid, in 2002, adopted the Madrid
International Plan of Action on Ageing, with an aim of promoting and protecting
human rights and fundamental freedom of all older persons including rights to
development with 159 States parties signatory to the document. But many of
these States parties not have developed
any policy approach integrating ageing
into the development agenda and allocation of budget for empowerment of older persons also it
lacks strong monitoring mechanism with binding obligation.
CEDAW Convention
and its General Recommendation number 27 with state obligation are effective
International instruments to establish internal accountability process for
prioritizing the rights of older women in the national strategies and policies.
But effective implementation of the General recommendation mostly depends on
the political will and commitments towards elimination of discrimination
against older women through incorporating international standards into domestic
legislation and practices. NGO reports and State reports should adequately
reflect the issues of older women also constructive dialogue and concluding
observations should include country specific concerns of older women. Lack of
adequate data on ageing issues is an important gap that needs to be addressed
by the Governments to develop effective policy mechanism.
CONCLUSION
Finally, this is very clear from the above
discussion that the General Recommendation number 27 under CEDAW convention
created a blanket protection for older women if implemented properly, but older men do not have similar protection under International Law.
Moreover a strong implementation and monitoring mechanism at the international
level could enhance and strengthen the overall protection of human rights of
older persons.
From
this point of view an UN convention on ageing and a Special Rapporteur on the
rights of older persons may enhance the capability for more effective
implementation of all international and regional frameworks including Madrid
International plan of Action on Ageing. Special Rapporteur will prepare a
comprehensive guideline for the implementation of the International Instruments
as well as will initiate steps for the improvement of the internal
accountability process for prioritizing the rights of older person. At this
point this mechanism seems to be more politically feasible.
An
UN Convention is now a popular demand from the civil society and NGO
community. I have the same opinion with
the NGO demand, which says, “An UN Convention on the Rights of Older Persons is
necessary to ensure that older women and men can realize their rights. With a
new UN Convention and the assistance of a Special Rapporteur on the Rights of
Older People, governments can have an explicit legal framework, guidance and
support that would enable them to ensure that older people's rights are
realized in the increasingly ageing societies."
References:
1. CEDAW Convention
1979
2.General
Recommendation Number 27 under the CEDAW Convention 2010
3.Rights of older
and Ageing Persons, Academy on Human Rights and Humanitarian law
4. Human Rights and
Older Persons, United nations
5. From Beijing to
Madrid: An Age and Gender approach, Statement by Ms. Carolyn Hannan
6. Address of Ms
Michelle Bachelet, Executive Director of UN WOMEN to the Commission for Social Development in February, 2011
7. Address of UN
Secretary General Ban Ki-Moon on the occasion of Older Person’s Day in October
2010
8. Report
of the Independent Expert on the question of human rights and extreme poverty
2010
9. Using Human
Rights Accountability Mechanisms to promote and protect older women’s human
Rights: Bridget Sleap
10. Report of the
Expert Group Meeting, Rights of Older Person: 2009
11. CEDAW
Concluding Observations of the 45th session and 48th
session
12. Human Rights of
Older Persons: International human rights principles and standards, United
Nations, 2010
13. Discrimination against
older women in Uganda, NGO Report 2010
14. Discrimination
against older women in Burkina Faso, NGO report, 2010
15. UNDESA,
Population Ageing and Development Chart, 2009, http://www.un.org/esa/population/publications/ageing/ageing2009.htm
16. STRENGTHENING OLDER
PEOPLE'S RIGHTS - GENDER
TOWARDS A UN CONVENTION ON THE RIGHTS OF OLDER PERSONS. NGO STATEMENT, 2011.
17. Age, discrimination and older women’s rights:
Ferdous Ara Begum, 2010