- 109 -
considers "older persons" to mean persons aged 65 or above, since 65 is the
most common age of retirement and the trend is towards later retirement
still.)
10.
The International Covenant on Economic, Social and Cultural Rights does
not contain any explicit reference to the rights of older persons, although
article 9, dealing with "the right of everyone to social security, including
social insurance", implicitly recognizes the right to old-age benefits.
Nevertheless, in view of the fact that the Covenant’s provisions apply fully
to all members of society, it is clear that older persons are entitled to
enjoy the full range of rights recognized in the Covenant. This approach is
also fully reflected in the International Plan of Action on Ageing. Moreover,
in so far as respect for the rights of older persons requires special measures
to be taken, States parties are required by the Covenant to do so to the
maximum of their available resources.
11.
Another important issue is whether discrimination on the basis of age is
prohibited by the Covenant. Neither the Covenant nor the Universal
Declaration of Human Rights refers explicitly to age as one of the prohibited
grounds. Rather than being seen as an intentional exclusion, this omission is
probably best explained by the fact that, when these instruments were adopted,
the problem of demographic ageing was not as evident or as pressing as it is
now.
12.
This is not determinative of the matter, however, since the prohibition
of discrimination on the grounds of "other status" could be interpreted as
applying to age. The Committee notes that, while it may not yet be possible
to conclude that discrimination on the grounds of age is comprehensively
prohibited by the Covenant, the range of matters in relation to which such
discrimination can be accepted is very limited. Moreover, it must be
emphasized that the unacceptableness of discrimination against older persons
is underlined in many international policy documents and is confirmed in the
legislation of the vast majority of States. In the few areas in which
discrimination continues to be tolerated, such as in relation to mandatory
retirement ages or access to tertiary education, there is a clear trend
towards the elimination of such barriers. The Committee is of the view that
States parties should seek to expedite this trend to the greatest extent
possible.
13.
Accordingly, the Committee on Economic, Social and Cultural Rights is of
the view that States parties to the Covenant are obligated to pay particular
attention to promoting and protecting the economic, social and cultural rights
of older persons. The Committee’s own role in this regard is rendered all the
more important by the fact 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.
14.
By the end of its thirteenth session, the Committee and its predecessor,
the Sessional Working Group of Governmental Experts, had examined 153 initial
reports, 71 second periodic reports and 25 global reports on articles 1 to 15
of the Covenant. This work made it possible to identify many of the problems
that may be encountered in implementing the Covenant in a considerable number