1. Introduction
1. The world’s population is ageing
rapidly. By 2050, for the first time in history, humankind will
reach a point where there will be more older persons
than
children under the age of 15 worldwide. This ageing process is particularly
advanced in Europe where more than one in five people were aged
60 and over in 2015. By 2030, older persons are expected to account
for more than one quarter of Europe’s population. This demographic trend
has important social, economic and political implications, affecting
all sectors of society, including the demand for goods and services
such as housing, transportation and social protection, as well as
family structures and intergenerational ties.
Governments
of all colours in Europe have been slow to recognise the significance
of ageing and the need to respond quickly, which is why action is
now urgently needed.
2. The latest Parliamentary Assembly text related to Europe’s
ageing population dates back to 2011 and focuses on older persons’
rights in relation to employment.
Since then, important developments
have taken place with a view to better protecting the human rights
of older persons, including the adoption by the Committee of Ministers
of Recommendation CM/Rec(2014)2 on the promotion of the human rights
of older persons, in 2014. This report is aimed at contributing
to the growing trend towards strengthening the protection of older
persons’ human rights, by mainly focusing on the provision of care,
while also addressing important issues such as ageism and social
exclusion of older persons.
3. In the report’s drafting process, the Committee on Social
Affairs, Health and Sustainable Development held a public hearing
on 2 June 2016, with the participation of Ms Katherine Hill, Policy
Manager at Age UK, and Mr Leocadio Rodríguez Mañas, Co-ordinator
of the European Joint Action on the prevention of frailty in the
elderly and Head of the Geriatrics Service at Getafe University
Hospital, in Madrid. The hearing focused on age discrimination,
abuse of older persons, frailty and the importance of early management
of deterioration in functional abilities with a view to preventing
dependency in old age.
4. On 23 June 2016, I attended a side event on “Ageing and Health”
organised by the Conference of International Non-governmental Organisations
(INGOs) of the Council of Europe, to present my report’s main elements.
The following day, the Conference of INGOs adopted a Recommendation
to member States on health care and socio-medical conditions and
respect of human rights of older persons in Europe, which addresses
most of the issues included in this report.
5. Moreover, in autumn 2016, I carried out fact-finding visits
to Romania (22-23 September) and Denmark (28 September), two countries
with important differences in terms of their governance and provision
of health and social services. During my visits, I met with politicians
and officials of national, regional and local authorities, the Ombudsman,
NGO representatives, and representatives from the World Health Organization (WHO)
Regional Office for Europe. I also visited nursing homes for older
persons. I should like to thank all the parties to whom I spoke
for making themselves available and providing me with valuable information
to finalise this report, and the parliamentary delegations and their
secretariats for the excellent organisation of the visits.
2. Legal and policy framework
6. There is no international legally
binding instrument devoted to the rights of older persons, and the
debate around the need for such an instrument is far from consensual.
However, there is increasing support for a new convention. Indeed,
in her 2016 report, the United Nations Independent Expert on the
enjoyment of all human rights by older persons called on member
States “to consider … the elaboration of a convention on the rights of
older persons”.
In her 2012 report, the former
United Nations High Commissioner for Human Rights had already called
for dedicated measures to strengthen the international protection
regime for older persons, including a new dedicated international
instrument.
7. The recent adoption of the Inter-American Convention on Protecting
the Human Rights of Older Persons, the first regional legally binding
instrument dedicated to older persons, as well as the Protocol to
the African Charter on Human and People’s Rights on the Rights of
Older Persons in Africa, also send a strong signal on the relevance
of a legally binding instrument on the rights of older persons.
2.1. Council
of Europe
8. While the European Convention
on Human Rights (ETS No. 5) does not make an explicit reference
to older persons (its Article 14 does not state age amongst the
grounds for discrimination either), the Convention obviously applies
to older persons. In a number of cases brought before it, the European
Court of Human Rights found a violation of the Convention because
of poor hospital conditions or inappropriate treatment and care
for older persons (see, for example, Dodov
v. Bulgaria concerning the disappearance of an Alzheimer patient
from a nursing home).
9. The European Social Charter and the European Social Charter
(revised) (ETS Nos. 35 and 163) contain several articles relevant
to older persons. Article 23 of the revised Charter specifically
provides for elderly persons’ right to social protection, which
makes it the first human rights treaty provision devoted to the
rights of older persons. With a view to ensuring the effective exercise
of this right, States Parties are required to ensure that older
persons have adequate resources so that they can lead a decent life
and play an active part in public, social and cultural life; to
enable them to choose their lifestyle freely and to lead independent
lives by means of provision of suitable housing, health care and
services necessitated by their state; and to guarantee appropriate
support to those living in institutions, while respecting their
privacy, and participation in decisions concerning living conditions
in the institution. These obligations are frequently underlined
by the European Committee of Social Rights which has stressed the
need to combat age discrimination in access to goods, facilities
and services and to take appropriate measures against elder abuse,
amongst others.
10. Both the Assembly and the Committee of Ministers have contributed
to promoting older persons’ rights.
In 2014, the Committee of Ministers
adopted Recommendation CM/Rec(2014)2 on the promotion of the human
rights of older persons, a comprehensive instrument addressing issues
such as non-discrimination, autonomy and participation, protection
from violence and abuse, social protection and care. Each chapter
of the recommendation is accompanied by a guide of good practices
from member States, providing ideas on how to implement the principles
set down in the recommendation. The implementation of this recommendation
is due to be examined in 2019.
2.2. United
Nations
11. The United Nations is actively
working on older persons’ human rights. Some declaratory instruments, including
the United Nations Principles for Older Persons (1991) and the Madrid
International Plan of Action on Ageing (2002) commit, inter alia, to the elimination of
age-based discrimination and the promotion of older persons’ human
rights. In 2010, the General Assembly set up an Open-ended Working
Group on Ageing for the purpose of strengthening the human rights
protection of older persons, the first-ever international forum with
such a focus. To this end, the working group is mandated to consider
the existing international framework of the human rights of older
persons and identify possible gaps and how best to address them,
including by considering, as appropriate, the feasibility of further
instruments and measures.
12. Furthermore, in 2013, the Human Rights Council created the
mandate of the Independent Expert on the enjoyment of all human
rights by older persons. The Independent Expert is requested to
assess the implementation of existing international instruments
with regard to older persons while identifying both best practices
and gaps in the implementation of existing laws related to the promotion
and protection of the rights of older persons.
13. It is also worth mentioning that older persons are included
directly or by implication in 15 of the 17 Sustainable Development
Goals adopted by the United Nations General Assembly on 25 September
2015. In particular, Goal 3: ensure healthy lives and promote well-being
for all at all ages will be instrumental in fighting age discrimination
within health systems to ensure that older persons enjoy their basic
human right to the highest attainable standard of health and well-being
as they get older.
3. Combating
ageism
14. While there is no “typical”
older person and no commonly agreed definition of older persons,
society often views them in stereotypical ways. Widespread stereotypes
about older persons are that they are in poor health, dependent,
unproductive, irrelevant and a burden. Indeed, “there is a pernicious
and deeply ingrained notion that once a person ages, he/she becomes
incapable of contributing to society, chronically ill and/or frail. Such
prejudices often lead to the conclusion that not much can be done
to assist them”.
This
way of thinking about older persons based on negative attitudes
and stereotypes (ageism) influences behaviours and policies and
is often a cause for age discrimination. Ageism is also often at
the root of isolation and exclusion of older persons and is intimately
related to violence and abuse in public and private spheres.
15. The Assembly considers ageism a harmful prejudice that results
in widespread lack of respect for older persons, whether through
the media, which promote stereotypical and degrading images of older
persons, within society, where they are the victims of physical
and financial abuse, in the workplace, where they are subject to
unequal treatment, or in the health sector, where they do not always
receive appropriate medical care and services.
Similarly,
the European Committee of Social Rights noted that age discrimination
exists in many areas of society throughout Europe, including in
health care, education, insurance and banking services, participation
in policy and in civil dialogue, allocation of resources and access
to facilities.
16. The United Nations High Commissioner for Human Rights noted
that age-based discrimination in the health system was a matter
of great concern, and that some medicines, exams and treatments
were denied on the sole grounds of an individual’s age.
During
the public hearing held on 2 June 2016, we were presented with figures
showing that in the United Kingdom, older persons with colorectal
cancer are offered chemotherapy treatment far less often than younger
patients.
17. In addition to prohibiting age discrimination in law, tackling
ageism will require a new understanding of ageing,
a paradigm shift
away from the perception of older persons as a “social burden” to
one that emphasises the process of active ageing (see below chapter
6) and that will reorient our ideas about ageing to focus on the
continuing contribution of older persons to society.
Indeed,
the valuable source that older persons bring to our society by transmitting
their knowledge, wisdom and heritage, and by participating in the economy,
as employees, taxpayers, consumers, volunteers, carers, parents
and grandparents must be recognised.
Awareness
campaigns to increase knowledge about and understanding of ageing
among the media, general public, policy makers, employers and service
providers are crucial in this context.
4. Improving
care for older persons
4.1. Definitions
18. While there is no universally
accepted definition of care, it usually encompasses services such
as assistance with the activities of daily life, social income,
protection and security, as well as health promotion and disease
prevention, treatment and rehabilitation and the provision of health
care, in ambulatory, institutional or home settings.
19. Long-term care includes a variety of services (medical or
otherwise) that help meet both the medical and non-medical needs
of people with a chronic illness or disability who cannot care for
themselves for long periods of time. It is manifested in the provision
of help with daily tasks such as bathing, eating, cleaning, shopping, dressing,
cooking and so on. It takes two broad forms: home care and institutional
care. Home care is generally understood as medical services performed
by professionals in the patient’s home, as opposed to care provided in
specialised institutions (institutional care). It should be understood
as medical home care delivered by health professionals, as opposed
to informal care that is provided by family members or other individuals.
4.2. Access
to care
20. Older persons are often faced
with barriers in access to good quality health care and long-term
care. These barriers often lead to a phenomenon of non-recourse
or delayed recourse to care, with disastrous consequences for older
persons. Barriers include physical difficulties to access health
care (e.g. due to physical impairments, travelling distance to get
to a health care facility, lack of transport) and financial obstacles
(e.g. due to out-of-pocket fees). However, one of particular concern
and recurrently mentioned is the lack of sufficient health care
staff with adequate knowledge of geriatrics and gerontology.
21. With a view to ensuring older persons’ basic human right to
the highest attainable standard of health and well-being, availability,
accessibility and affordability of health care facilities, goods
and services should be ensured irrespective of the type of care
and the place of residence. This requires eliminating physical and financial
barriers, by ensuring the availability of adequate and affordable
transport, adequate training of health care professionals to deal
with the particular health issues associated with ageing so that
they can help and understand older persons, and by reducing the
proportion of health expenditure payable by older persons themselves.
The establishment of geriatric centres in public and private care
settings throughout the territory should also be envisaged. There
should also be increased efforts to shift the balance of care from
institutional to community settings and home care.
4.3. Person-centred
care
22. Notwithstanding the target
group, care should always be provided in a person-centred manner,
i.e. tailored around the needs and preferences of those concerned.
In the case of older persons, a person-centred approach requires
care to be provided in a way that will enable them to maintain their
autonomy, dignity and quality of life. To this end, instead of being
seen as passive recipients of care, older persons should be involved in
the planning, developing and monitoring of it. This requires, inter alia, empowering them with
adequate information on the social and health care services available
to them, on their rights in care settings, and ensuring appropriate
health literacy. Informing older persons about their rights could
also help to improve disclosure of abusive experiences (see chapter
5 below). The Charter of Rights for People with Dementia and their
Carers in Scotland is a good example. This document aims to empower
people with dementia, those who support them and the community as
a whole, to ensure their rights are respected. It was elaborated
through a widespread consultation process whereby the views of over
500 people (including people with dementia, their carers, and health
professionals) were taken into account.
23. In Denmark, we saw an outstanding illustration of the person-centred
approach when we visited a nursing home for people with dementia.
I was tremendously impressed by the relaxed, homely and normal atmosphere
of the establishment, including a wonderful High Street of old shops,
a bar and other facilities created in a dementia-friendly way. The
centre was based on the philosophy of person-centred care initially developed
by the late Professor Tom Kitwood of Bradford University.
24. Moreover, considering that for many people, ageing at home
is the preferred option, there should be specific programmes seeking
to enable older persons to live in their homes independently for
as long as possible, while supporting informal care-giving. In fact,
a large part of the adult population already helps weak older family
members or relatives.
The growing
prevalence of dementia will increase the need for this kind of support.
25. Support and home-care services provided should include in
particular nursing care and domestic assistance to avoid referral
to institutional care and prevent social exclusion. National civic
services may also be a valuable resource to assist older persons
who live alone or in community centres. Regular home visits by students
allow older persons to remain integrated in the community, while
at the same time raising the younger generation’s awareness about
the rights of older persons.
26. “Caring for carers” should be a priority considering the great
physical and mental strain they endure while supporting relatives,
especially
those with dementia. Measures to relieve them should be taken, such
as social activities, temporary residential care outside the home
or home care services. They should also receive financial support
and practical training on care giving, and have access to counselling
and advice.
4.4. Integration
of social and health care
27. While a distinction is generally
made between social and health care, depending on where and by whom such
services are provided, care should be understood in a complementary
and integrated manner for the benefit of older persons.
The
silo mentality across health and social care – which artificially
divides older persons’ needs between these two silos – is to the
detriment of older persons. In fact, such fragmentation of care
causes problems owing to the co-existence of many units, which results
in time-consuming administrative red tape to access both social
and health care services and facilities, duplicities in the management
of care, poor quality service provision and inefficient use of available
resources. Consequently, older users experience a lack of continuity
in care, together with a lack of consistency in the provision of
services for meeting their needs.
28. Health and social care services should therefore be effectively
integrated to ensure that no care is delayed or even denied due
to administrative difficulties. This requires an organisational
change as well as shared budgets and accountabilities. Scotland
is well advanced in this and the Ayrshire Health & Social Care Partnership,
chaired by Ian M. Welsh was cited as a particularly good example
to be followed, because the resources and administration of the
two services have been combined under a common direction.
5. Fighting
against abuse of older persons
29. Older persons are highly vulnerable
to abuse. A poor state of health, including specific conditions
like dementia, is a strong risk factor for abuse. The Toronto Declaration
on the Global Prevention of Elder Abuse defines elder abuse as “a
single or repeated act, or lack of appropriate action, occurring
within any relationship where there is an expectation of trust which
causes harm or distress to an older person”. The abuse may be physical,
psychological, emotional, sexual or financial, or may be effected
by neglect. It can take place in home and institutional care settings,
by both formal and informal caregivers.
30. Abuse of older persons is still a taboo subject in many countries
and an under-reported problem. It is very difficult to assess the
extent of the phenomena because of lack of reliable information
and data. However, estimates suggest that at least 4 million people
in the WHO European Region experience elder maltreatment in any
one year.
Article 2.2 of the Council of Europe
Convention on Preventing and Combating Violence against Women and
Domestic Violence (CETS No. 210) encourages Parties to apply the
convention also to domestic violence committed against men and children.
Domestic violence includes intergenerational violence which can
take the form of physical, sexual, psychological and economic violence
by a person against her or his child or parent (elderly abuse).
31. There is an urgent need to assess the current situation of
abuse of older persons and take appropriate measures to prevent,
detect and eliminate it. To break the silence around this issue,
an awareness-raising strategy should be put in place, targeting
older persons themselves, communities in general and both formal and
informal caregivers in particular. Research should be conducted
and data collected on abuse in and outside care settings, while
special attention is needed for settings where older persons might
be especially prone to violations, in particular long-term care
institutions. Systematic monitoring of these institutions by a specific
independent public authority, such as national human rights institutions,
through frequent inspections comprising both scheduled and unannounced
visits, should be put in place.
6. Preventing
social exclusion of older persons
32. There are many factors
leading to social exclusion of older persons, including ageism and institutionalisation
(see above, paragraphs 14 and 25). Here, I would like to focus on
two of them, as they constitute major concerns for older persons
and disproportionally affect them: isolation/loneliness and poverty. Both
are also risk factors affecting older persons’ health and well-being,
contributing
to the decline of their autonomy and constituting an impediment
to accessing social and health care, amongst others.
33. To combat loneliness and isolation, it is crucial to ensure
that older persons remain integrated into society by promoting active
ageing. The word “active” should not be understood simply as the
ability to be physically active or to participate in the labour
force, but the continuing participation in social, economic, cultural and
civic affairs. Active ageing can be supported by developing age-friendly
environments, which will help older persons to retain their autonomy,
optimise their health and stimulate their inclusion. This requires
adapting structures and services to the specific needs and desires
of older persons in,
inter alia,
public spaces and buildings, transport, housing, communication,
and community support and health services.
34. Concerning housing, it should be borne in mind that architectural
barriers can greatly affect older persons. For instance, older persons
may be unable to leave their apartments for long periods in buildings lacking
functioning elevators. This phenomenon, described as “prison flats”,
may isolate older persons, and may also pose important obstacles
to basic activities of daily life, like buying food or getting medical treatment.
Similarly,
when it comes to public spaces, streets that are not safe to walk
in will discourage an older person from going out, staying active
and exercising.
35. Ensuring and adapting transport is also very important to
mitigate the isolation caused by patchy public transport provision,
in particular in rural areas. In Scotland for example, many parts
of the country are ill-served by public transport. In remote rural
areas, 70% of those aged 60 or over either do not have a national concessionary
travel scheme card (allowing free bus travel) or do not use it.
In accessible rural areas this number amounts to 65%.
36. Intergenerational ties should also be fostered by facilitating
situations or designing spaces where older persons can get together
with younger generations. In this context, an interesting approach
consists of co-locating facilities for childcare and eldercare,
which allows generating interaction between the very young and the
older persons.
37. Moreover, recreational and cultural activities should be organised
with older persons’ participation. I can refer to the example provided
to me by the Office International du
Coin de Terre et des Jardins Familiaux, an NGO aimed
at giving an allotment plot to people who wish to have one, and
to enable them to cultivate healthy food and to relax in the fresh
air. This NGO has several projects involving older persons. For
example, in Hamburg, when they realised that widowed ladies from
couples who had been motivated gardeners for many years often had
difficulties in tending a garden alone, they created a larger allotment
where a group of ladies could garden together and enjoy social activities
at the same time. In Gradignan (France), older persons and young
children meet in the same allotment to garden, which favours an
intergenerational dialogue. In Falkenstein Auerbach (Germany), older
couples give young children their first lessons in gardening.
38. Last but not least, it is necessary to give a fundamental
role to older persons when they are no longer in the workforce.
Their knowledge, wisdom, expertise and experience should not be
wasted. Their civic engagement and volunteering in schools, communities,
religious institutions, businesses and health and political organisations
should be encouraged. This would not only empower them to continue
contributing to their communities but it would also increase their
social contacts and psychological well-being.
39. Finally, with a view to reducing old-age poverty and enabling
older persons to live in dignity, social protection systems should
guarantee a minimum living income. Moreover, financial services
such as loans and mortgages and insurance, including health insurance,
should be made available and affordable to older persons, by preventing
the inappropriate use of age as a criterion, including for determining
risk. Older persons should also have access to suitable housing,
with adequate heating, water and sanitation. Housing should be geared
to the specific needs and desires of older persons, including their
state of health and requirements concerning location. Older persons
with disabilities should get adequate support for adapting their
housing. Housing should be planned in a way that promotes intergenerational
contact and freedom of movement. Multi-family buildings, shared
public spaces, outdoor age-friendly environments are all useful
tools in this context.
7. Conclusions
40. Older persons don’t ask for
compassion, they ask for recognition of their human rights, and
we have a responsibility to ensure that they live in dignity just
like any other member of society. Society should stop seeing older
persons as a burden and governments should stop approaching population
ageing in terms of costs and supply, both of which lead to the human
rights of older persons becoming sidelined. The protection of older persons’
rights is not only in the interest of older persons, but is of concern
to all of us, because we all get older.
41. While ageing is not in itself a disease and old age should
not be seen as equal to frailty and sickness, the increased health
care and other needs of older persons cannot be denied. Europe,
just like the rest of the world, needs to strengthen the provision
of social and health service by adapting them to the changing needs of
an ageing population, reorienting them towards a patient-centred
approach and ensuring adequate management of long-term care. It
is essential to move away from a needs-based approach that focuses
on disease and functional dependency towards an all-encompassing
human rights-based approach in which the enjoyment of all human
rights by older persons becomes an integral part of all policies
and programmes affecting them, including care planning and delivery.
Moreover,
our goal should be to ensure not just a longer life but a better
and healthier life. Therefore, it is important to promote healthy
ageing and prevent people from becoming dependent on care.
42. Isolation and loneliness are one of the scourges of our modern
society, and one of the main factors leading to the social exclusion
of older persons. Active ageing should be promoted to fight against
isolation and loneliness, in environments that support older persons
in feeling secure, being active, empowered and socially engaged.
If adequate tools are in place, the majority of older persons can
continue to make an essential human, social and economic contribution
to society, by leading active lives in various roles including in employment
and voluntary action.
Intergenerational ties should
be fostered, so that children, youth, adults and older persons can
use their strengths and insights to build a more revitalised, integrated
and humane society for all generations.