CYIL vol. 10 (2019)

CYIL 10 ȍ2019Ȏ

HUMAN RIGHTS OF OLDER PERSONS IN THE CASE LAW … Parturiunt montes, nascetur ridiculus mus (lat.) Ars Poetica, 139 1

1. Background of the research as an Introduction In the past few decades, life expectancy has strongly increased in most European countries, especially in Western Europe. 2 In 2018, the average life expectancy in Western Europe was 79 years for males and 84 years for females. 3 The factors which influence this rise are advances in healthcare and medicine, rising living standards, improved lifestyles, and better education. Either 60 or 65 years old, which are roughly equivalent to retirement ages in most of the developed countries in the world, are considered to be the beginning of old age. 4 This rise in life expectancy indicates that the number of older persons is increasing every year. We may postulate that elderly people, similar to children and the disabled, constitute a particular group of the population which will require special protection. Currently, one may follow wide discussions regarding a convention on the rights of older persons on the supranational UN level, 5 as well as in regional instances, both on the governmental and non-governmental platforms. 6 The Americas became the most progressive region in this area and on 15 June 2015 the Inter-American Convention on Protecting the Human Rights of Older Persons 7 was adopted. This convention came into force on 11 January 2017 and as of today has been ratified by four out of thirty-five members of the Organization of American States (Argentina, Chile, Ecuador and El Salvador). 8 On 31 January 2016, the African Union (AU) adopted a Protocol to the African Charter on Human and Peoples’ 1 Horace’s epistle on The Art of Poetry. English equivalent: “Much ado about nothing”. Also, a citation from the dissenting opinion of Judge Borrego in the case of Burden v. the United Kingdom [GC], no. 13378/05, ECHR 2008. 2 Mortality and life expectancy statistics. Eurostat. Data extracted in July 2018. URL: accessed 24 January 2019. 3 Average life expectancy in Europe for those born in 2018, by gender and region (in years). URL: accessed on 24 January 2019. 4 WHO: Proposed working definition of an older person in Africa for the MDS Project. URL: accessed 24 January 2019. 5 Strengthening Older People’s Rights: Towards a UN Convention. URL: accessed 24 January 2019. 6 See e.g. The Human Rights of Older Persons in Europe. URL: accessed 1 February 2019; AGE Platform Europe. URL: accessed 1 February 2019; ENNHRI Rights for Elders. URL: accessed 1 February 2019; Asia Pacific Forum. Rights of older people. URL: accessed 1 February 2019; Promoting and Protecting the Rights of Older Persons in South Africa. URL: accessed 1 February 2019. 7 Inter-American Convention on Protecting the Human Rights of Older Persons. OAS, Washington, D.C., United States of America, 15 June 2015. UN Registration: 02/27/2017 No. 54318. 8 The information on the signatories and ratifications is available from URL: accessed 15 July 2019.

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