15
adequate to ensure fulfilment of the obligations under the Covenant;”76 and these include
ensuring the right to social security through the creation of internal – coercive – mechanisms
that ensure execution of a judgment that grants and recognizes the right. 77
43.
Although the instant case addresses the right to social security, it should be
emphasized that “these mechanisms” aimed at ensuring execution of a judicial decision apply
to all human rights, whether economic, social, cultural and environmental or civil and political.
b) The protection of older persons in international law and their importance as a group in a
vulnerable situation
44.
In 1995, the CESCR indicated that “unlike the case of other population groups such as
women and children, no comprehensive international convention yet exists in relation to the
rights of older persons and no binding supervisory arrangements attach to the various sets of
United Nations principles in this area.”78
45.
Today the situation described by the CESCR in 1995 has changed considerably. Within
the United Nations,79 in May 2014, the Human Rights Council appointed Rosa Kornfeld-Matte
as the first Independent Expert on the enjoyment of all human rights by older persons. 80
Nevertheless, the greatest progress has been made in the inter-American and the African
systems of human rights as they have developed specific instruments that establish concrete
rights for older persons.
46.
In the case of the African Charter of Human and Peoples’ Rights, Article 18(4) grants
special protection to older persons.81 And, on January 31, 2016, the Protocol to the African
Charter of Human and Peoples’ Rights on the Rights of Older Persons in Africa. 82
47.
In the case of the inter-American system of human rights, the Inter-American
Convention on Protecting the Human Rights of Older Persons was adopted on June 15, 2015,
76
Mutatis mutandis, CESCR, General Comment No. 9, “The domestic application of the Covenant, 1998, para. 7.
Cf. Case of Muelle Flores v. Peru. Preliminary objections, merits, reparations and costs. Judgment of March 6,
2019. Series C No. 375, para. 128.
77
78
13.
Cf. CESCR, General Comment No. 6, The Economic, Social and Cultural Rights of Older Persons, 1995, para.
The first time that the issue of the older person was highlighted on the international agenda was in the 1982
Vienna International Plan of Action on Ageing. Subsequently, in 1991, the United Nations proclaimed the “United
Nations Principles for Older Persons” which established the guiding principles of independence, participation, care,
self-fulfillment and dignity. In 1992, the United Nations General Assembly issued the Proclamation on Ageing in which
it urged support for initiatives so that “[o]lder persons are viewed as contributors to their societies and not as a
burden.” Lastly, the most significant step forward was taken in 2002 with the Madrid International Plan of Action on
Ageing and the Political Declaration. In this Declaration the State committed themselves “to the task of effectively
incorporating ageing within social and economic strategies, policies and action while recognizing that specific policies
will vary according to conditions within each country.” In addition, other bodies of the universal system in general
comments, general recommendations and reports of Special Rapporteurs have addressed the situation of the rights
of older persons.
79
80
This mandate has given visibility to thematic reports on older persons with regard to their autonomy and care.
“[…] 4. The aged and the disabled shall also have the right to special measures of protection in keeping with
their physical or moral needs.”
81
82
The Protocol was adopted on July 31, 2016, in Addis Ababa, Ethiopia.