INTERNATIONAL STANDARDS ON

ELDERLY PROTECTION:
TRANSLATING RIGHTS INTO
NATIONAL LEGISLATION AND
POLICIES

Germaine Trittle P. Leonin

Planning Officer IV
Department of Social Welfare & Development
PHILIPPINES
The Elderly in International Law
The elderly sector has been recognized as a
vulnerable community in need of special protection

To date, no United Nations convention or treaty has

been drafted in favor of Older Persons

Existing human rights instruments do protect the

rights of the elderly, these international law bases are
deemed as not sufficient to address the unique
concerns of senior citizens because they do not
capture all the nuances and features of ageing.
The Rationale:
There must be an understanding of why the ageing
population becomes a marginalized sector by virtue
of a combination of factors and influences.

These require an insight into ageing vis-à-vis gender

issues, economic status, socio-cultural beliefs and
traditions, as well as politics and social welfare
services.

What is critical to this framework is the need to find a

“universality” to these concerns that the international
community will finally take notice.
International Documents on
Elderly Rights
Vienna International Plan of Action on Ageing
adopted by the 1st World Assembly on Ageing in
1982
- for the 1st time, an intl consensus agreement on ageing was
reached by all govts
- Recognized ageing as a “life-long process” that requires
early attention and preparation in social, economic, health
aspects
- promote regional and international cooperation
- strengthen the capacities of govts and civil society to
effectively deal w/ ageing populations, address the
developmental potential and dependency needs of OPs
International Documents on
Elderly Rights
United Nations General Assembly
- Resolution No. 46/91(1991)
- Eighteen Principles for Older Persons,
i.e., independence, participation, care, self-fulfillment,
and dignity
Resolution No. 47/5 – Proclamation on Ageing, 1992
Resolution No. 47/86 – Implementation of the Intl Plan
of Action on Ageing (integration of OPs in
Development), 1992
Resolution 50/141 (1995) – 1999 as the International
Year of Older Persons
International Documents on
Elderly Rights
1999 Macau Declaration and the (Regional) Plan of
Action of Ageing for Asia and Pacific
- provided a regional platform for members in the region to
cooperate and share their experiences re: policies and
programs on challenges of ageing
- contained concise recommendations and specific
guidelines
- Addresses issues on 7 Major Areas of Concern, ie, social
position of OPs, families, health and nutrition, housing and
transportation, the market, income security, maintenance
and employment, social services and community
International Documents on
Elderly Rights
2002 Madrid International Plan of Action of Ageing
adopted by the 2nd World Assembly on Ageing
- The Plan set priority areas and action points towards
ensuring individuals live with security and dignity, as well
as full participation and human rights
- It set policy direction in 3 major areas, ie, ageing and devt,
health and well-being, enabling and supportive
environments
- Called for a change in attitudes, policies, and practices to
end age discrimination and include ageing in global
development agendas
International Documents on
Elderly Rights
Shanghai Implementation Strategy adopted
by the Asia-Pacific region
- The strategy provided guidelines on the
implementation of commitments on ageing made
under the 1999 Macau Plan of Action and the
2002 Madrid Plan of Action
- recommended 4 areas of concern, ie, OPs and
development, advancing health and well-being,
ensuring enabling and supportive environments,
implementation and follow-up
Realities: An Observation
These general policies remain unarticulated into
concrete and specific “rights”.

Since they are largely prescriptive and

recommendatory, there is likewise a rather
“programmatic” approach to these areas of concern.

Without any international treaty or convention,

individual States and/or countries cannot be
compelled to pass relevant laws for the elderly.

Besides the lack of compulsion, there is basically a

lack of “urgency” in protecting older persons’ rights.
What Domestic Jurisdictions Can Do

Individual States are not precluded from

taking the legislative initiative to pass local
statutes which they believe are for the elderly
sectors’ benefit.

Governments of different countries

may ensure that the rights of senior citizens
are protected in domestic jurisdictions
through proper legislations and policies.
Philippine Plan of Action
Phil.Plan of Action for Older Persons (1999-2004)

- in response to the Macau Regional Plan of Action

i.e., Elderly Filipino Week celebrations, “Ulirang
Nakatatanda” (Outstanding Older Person) Award,
organized the Federation of SC Assoc. of the
Phils.(FSCAP), established Office of Senior
Citizens Affairs (OSCAs) in cities, national
comprehensive health program, geriatric
wards/clinics, livelihood assistance
Phil. Plan of Action
Philippine Plan of Action for Senior Citizens
(2006-2010)
- in response to the Madrid International Plan of
Action
i.e., operationalization of OSCAs, sectoral
representation in the Natl Anti-Poverty
Commission (NAPC) and inclusion in the poverty
alleviation programs, operation and maintenance
of residential/group homes, institutionalize
geriatric/gerontology in medical training curricula,
passage of a new senior citizens act
Republic Act No. 9994, or the
Expanded Senior Citizens Act of 2010
Amended Republic Act. 7432 as amended
by RA 9257
i.e., ensured consumer rights of elderly thru
the 20% senior citizens’ discount in certain
goods and services, 50% utility discount as
institutional support for residential/group
homes, monthly social pension, funeral
assistance, free flu vaccine
Factors to Consider
Limited Wealth and Resources

Political Will among Chief Executives,

legislators, policy-makers

Unique cultural traditions and value systems

A Few Suggestions
Further mainstream and popularize the policies
and principles in existing international instruments
on elderly rights

Push for a UN Convention or Treaty for Older

Persons

Enjoin individual States to initiate concrete plans

and programs to address the needs of their elderly
population
Thank you!
Good Day to all!