CYIL Vol. 7, 2016

VERONIKA BÍLKOVÁ CYIL 7 ȍ2016Ȏ writing of this article, it has borne six signatures. 66 As the OAS Secretary General Luis Almargo rightly stated, the adoption of the Convention is “a very important step for everyone”. 67 No similar instrument exists so far either at the universal level or within other regions. Outside Europe and the Americas, provisions concerning older persons or at least some categories thereof, can be found in human rights instruments adopted within the African Union (Article 22 of the 2003 Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, relating to Special Protection of Elderly Women; and Article 25 of the 2016 Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities in Africa, on older persons with disabilities) and the ASEAN (Article 4 of the 2012 Declaration on Human Rights , including the elderly among the groups whose rights are “an inalienable, integral and indivisible part of human rights and fundamental freedoms” ). Certain other instruments stress the duties towards parents and older members of the family (Article 29 of the 1981 Africa Charter on Human and Peoples’ Rights and Article 7(c) of the 1990 Cairo Declaration on Human Rights in Islam ). Over the two past decades, moreover, events relating to ageing have become more common in virtually all the regions, in reflection of the global nature of the process. 68 It is useful to mention that Africa might soon join the Americas in having a specific human rights instrument on the right of older persons. In 2009, a Working Group on Rights of Older Persons and People with Disabilities was established in the African Union, with the task of drafting a new instrument relating to older persons and persons with disabilities. The Working Group decided to separate the two topics and elaborate two draft protocols to the African Charter on Human and People’s Rights. The one on the persons with disabilities was adopted in February 2016, the one on older persons was submitted for consideration of States in 2014 69 but so far awaits formal approval. The Draft builds on the five principles identified in the UN Principles for Older Persons – independence, participation, care, self-fulfilment, and dignity. It concretizes them in a catalogue of human rights of older persons, among which dominate economic, social and cultural rights. In a “good” African tradition, the Draft also contains a provision on duties of older persons, which are those of mentoring and passing on knowledge to younger generations and fostering inter- generational dialogue. The monitoring of the implementation of the Protocol would 66 The following countries have signed the Convention by 6 July 2016: Argentina, Bolivia, Brazil, Chile, Costa Rica, and Uruguay. 67 OAS, The Americas Becomes First Region in the World to Have an Instrument for the Promotion and Protection of the Rights of Older Persons, Press Release E-198/15, 15 June 2015. 68 See, for instance, Summary of Proceedings of the International Workshop Human Rights Of Older Persons In Asia Pacific Region. Focus On Health And Wellbeing , Thiruvananthapuram, India, June 4-6, 2012. 69 See CAMSD/EXP/4(IV), Draft Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Older Persons in Africa, May 2014.

188