Overcoming age-based discrimination against older persons

Doc. 16091: compendium of written amendments | Doc. 16091 | 30/01/2025 | Final version

Contents

A Draft Resolution

B Draft Recommendation

Compendium index

Amendment 1 Amendment 2 Amendment 3 Amendment 4 Amendment 5 Amendment 6 Amendment 7 Amendment 8

Caption: AdoptedRejectedWithdrawnNo electronic votes

ADraft Resolution

1Human rights should not be denied or reduced with age. As established in international human rights treaties, they are universal and must therefore apply equally to everyone. Older persons should have the rights, resources and facilities allowing them to remain full members of society, on the basis of the principles of autonomy, equality, independence, participation and respect for every person’s dignity.

2Ageism – defined as stereotypes, prejudice and discriminatory practices on the basis of age – reinforces the perception that inequalities and discrimination against older persons are natural or inevitable, which is not the case. Older persons have to face a discourse drawing attention to the consequences of a demographic shift towards an older population, the growing “burden” they represent, and the “high cost” of ensuring their equality of human rights.

3Age-based discrimination is as harmful as any other form of discrimination. Older persons experience age-based discrimination in all areas of life, especially in the workplace, and in access to services, education, and healthcare.

4A less protective legal framework on and in response to age-based discrimination, in comparison with other grounds for discrimination, is not justified and should be remedied. Alongside robust legislation prohibiting discrimination on grounds of age in all areas of life, a wide range of measures should be put in place to combat ageism in society.

5Older persons are not a homogeneous group, and it is important to apply an intersectional approach to prevent and combat the ageism and the discrimination they encounter.

6The negative narrative around age and ageing in society needs to be challenged and changed in order to counter age-based stereotypes, prejudice and discrimination. Ageism as a socially acceptable phenomenon should be challenged through a range of channels, including awareness-raising measures, improved legislation and policies, education, intergenerational interventions, and research and data collection on its manifestations and effects, including an analysis of intersectional discrimination affecting older persons (for instance migrants, LGBTI persons, women, persons with disabilities, persons with ethnic minority background, etc.).

• Amendment 1

30 January 2025

Tabled by Ms Anna ZÁBORSKÁ, Mr Ion GROZA, Ms Natalia DAVIDOVICI, Mr Andrian CHEPTONAR, Mr Ričards ŠLESERS

In the draft resolution, paragraph 6, second sentence, after the words "data collection on its", insert the following words:

"remedies,"

7The Parliamentary Assembly underlines the need to meet target 10.2 of the United Nations Sustainable Development Goals (SDGs), which aims to empower and promote the social, economic and political inclusion of all, “irrespective of age” and other characteristics, by 2030. In addition to SDG 10 (reduce inequalities), other SDGs are relevant for older persons: SDG 3 (ensure healthy lives and promote well-being for all at all ages), SDG 1 (end poverty), SDG 5 (achieve gender equality) and SDG 8 (promote decent work for all).

8The Assembly welcomes the Pact for the Future, adopted by the United Nations General Assembly in September 2024, and its call to promote intergenerational solidarity, dialogue and engagement, including with and among children, youth and older persons, in policy and decision-making processes.

9The Assembly refers to Recommendation CM/Rec(2014)2 of the Committee of Ministers to member States on the promotion of human rights of older persons and a 2019 report on its implementation which recommended further efforts to tackle age-based discrimination.

10The Assembly furthermore refers to its Resolution 2168 (2017) and Recommendation 2104 (2017) “Human rights of older persons and their comprehensive care”; Resolution 2510 (2023) “Closing the digital divide: promoting equal access to digital technologies”; Resolution 1793 (2011) “Promoting active ageing – capitalising on older people’s working potential”; and Recommendation 1796 (2007) “The situation of elderly persons in Europe”. It also refers to attention to Resolution 504 (2024) and Recommendation 517 (2024) of the Congress of Local and Regional Authorities of the Council of Europe, on “Ageing communities – ensuring access to quality social care for older persons”.

11The Assembly acknowledges the pioneering role played by the Council of Europe, given that the European Social Charter (ETS No. 35), revised in 1996 (ETS No. 163), and in particular its Article 23 “The right of elderly persons to social protection”, is the first human rights treaty to specifically protect the rights of older persons, requiring State Parties to adopt legislation to combat age-based discrimination in all areas. The Charter states that such legislation should cover sectors such as access to goods, facilities and services, including insurance and banking products. In a statement from 2023, the European Committee of Social Rights indicated that the Charter requires a commitment to identifying and eliminating ageist attitudes and laws, policies and other measures which reflect or reinforce ageism. Also in 2023, the Council of Europe published a major study on the use of the European Social Charter in combating ageism against older persons in order to ensure that the Charter remains at the forefront of this fight.

12The Assembly considers that national bodies responsible for equality issues should include preventing and combating discrimination against older persons in their mandate and activities and be granted the necessary resources in this respect.

13The Assembly calls on the member and observer States of the Council of Europe and States whose parliament enjoys observer or partner for democracy status with the Assembly:

13.1with regard to the general approach, to:

13.1.1apply a human rights-based approach to combat ageism against older persons, shifting to a right holders model that guarantees equality, dignity, autonomy and participation at all stages of life;

• Amendment 2

30 January 2025

Tabled by Ms Anna ZÁBORSKÁ, Mr Ion GROZA, Ms Natalia DAVIDOVICI, Mr Andrian CHEPTONAR, Mr Ričards ŠLESERS

In the draft resolution, after paragraph 13.1.1, insert the following paragraph:

"raise awareness about the fact that older persons are actors of intergenerational solidarity, and the main actors of "generativity", as they are the first to be directly concerned by the well being of the next generation, but they are also actors and subjects of "social generativity", as their actions are motivated by a sense of responsibility for the community;"

13.1.2accordingly devise and put in place specific measures to prevent ageism and combat stereotypes against older persons, through education, information and awareness-raising activities which could include events to mark the International Day of Older Persons (1 October);

13.1.3support and fund civil society organisations working to combat ageism;

• Amendment 3

30 January 2025

Tabled by Ms Anna ZÁBORSKÁ, Mr Ion GROZA, Ms Natalia DAVIDOVICI, Mr Andrian CHEPTONAR, Mr Ričards ŠLESERS

In the draft resolution, paragraph 13.1.3, after the word "organisations" insert the following words:

"and family networks"

13.1.4provide opportunities for intergenerational solidarity and partnerships, and activities to connect younger and older generations, for the benefit of all, harnessing the wisdom, experience and talents of the older generation, as a societal asset;

• Amendment 4
• Amendment 5

30 January 2025

Tabled by Ms Anna ZÁBORSKÁ, Mr Ion GROZA, Ms Natalia DAVIDOVICI, Mr Andrian CHEPTONAR, Mr Ričards ŠLESERS

If adopted, amendment 5 falls.

In the draft resolution, replace paragraph 13.1.4 with the following paragraph:

"provide opportunities for intergenerational solidarity, family links and partnerships, and activities to connect younger and older generations, for the benefit of the common good, social cohesion and justice for all, harnessing the wisdom, experience and talents of the older generation, as a societal asset;"

30 January 2025

Tabled by Ms Anna ZÁBORSKÁ, Mr Ion GROZA, Ms Natalia DAVIDOVICI, Mr Andrian CHEPTONAR, Mr Ričards ŠLESERS

Falls if amendment 4 is adopted.

In the draft resolution, at the end of paragraph 13.1.4, insert the following words:

"being an integral part of the family, grandparents play a key role in transmitting knowledge and cultural memory, affirmed by their experience of charity, peace, justice and solidarity."

13.2with regard to laws and policies, to:

13.2.1review legislation to include a specific prohibition of age-based discrimination against older persons, and modify or repeal any laws with direct or indirect discriminatory effects;

13.2.2ensure that equality and anti-discrimination laws and policies address structural discrimination, and multiple and intersectional discrimination against older persons in all areas of life, covering in particular autonomy (legal capacity), independent living, employment, political representation, access to justice, goods and services, healthcare, housing and quality care;

13.2.3accept Article 23 of the European Social Charter if this is not already the case;

13.2.4ensure that monitoring and enforcement bodies and mechanisms are in place as regards laws and policies on age-based discrimination against older persons;

13.2.5consider establishing an independent commissioner and/or a minister for the rights of older persons;

13.3with regard to social care and healthcare, to:

13.3.1ensure that the principle of non-discrimination on the basis of age is integrated in health care and other public policies and programmes;

13.3.2ensure that implicit and explicit bias and ageism are eliminated in the design, development, use and evaluations of artificial intelligence technologies in the fields of healthcare and social care;

13.3.3support and build the knowledge and capacities of healthcare and social care professionals about the perspective, experience and needs of different groups of older persons, including women, LGBTI persons, persons with disabilities, people with ethnic minority background, and migrants;

• Amendment 6
• Amendment 7

30 January 2025

Tabled by Ms Anna ZÁBORSKÁ, Mr Ion GROZA, Ms Natalia DAVIDOVICI, Mr Andrian CHEPTONAR, Mr Ričards ŠLESERS

In the draft resolution, after paragraph 13.3.3, insert the following paragraph:

"fight old age poverty by offering decent housing and better pension systems. Fiscal benefits for family-friendly and older-friendly housing should be considered as best practices and promoted in all member States;"

30 January 2025

Tabled by Ms Anna ZÁBORSKÁ, Mr Ion GROZA, Ms Natalia DAVIDOVICI, Mr Andrian CHEPTONAR, Mr Ričards ŠLESERS

In the draft resolution, after paragraph 13.3.3, insert the following paragraph:

"grant access to affordable and quality institutional long-term care;".

13.4with regard to access to information, redress and justice, to:

13.4.1ensure that older persons have full and easily accessible information about their rights and redress mechanisms;

13.4.2establish appropriate redress mechanisms and support the access of older persons to justice, including through the provision of free legal aid and appropriate legal proceedings;

13.4.3support the work of equality bodies and ensure their ability to receive and bring forward complaints concerning age-based discrimination against older persons;

13.4.4raise awareness among and provide training for relevant staff on this area of discrimination, for example through the Council of Europe Programme on Human Rights Education for Legal Professionals (HELP);

13.5with regard to data collection and research, as a tool to measure the situation and inform policy making, to:

13.5.1review data collection approaches to eliminate any inherent age bias, and collect equality data disaggregated by different age sub-groups alongside other characteristics, without age limits, such as sex, gender, disability, ethnic minority, migrant background, sexual orientation and gender identity, allowing for an analysis of age discrimination as a phenomenon in itself as well as its interaction with other factors;

13.5.2conduct quantitative and qualitative research into intersectional discrimination affecting older persons, including women, LGBTI persons, migrants, persons with ethnic minority background or persons with disabilities;

13.6with regard to digitalisation and access to goods and services, to:

13.6.1combat the digital divide which may affect older persons, by providing universal and affordable access to relevant tools and technologies, along with tailored capacity building and empowerment among the older members of society, to allow for their meaningful and safe use of Information and communication technologies and digital services, in line with the United Nations General Assembly Global Digital Compact;

13.6.2ensure that public services, especially relating to financial and other essential support, can be accessed through both online and offline means;

13.6.3ensure that implicit and explicit bias and ageism are identified and avoided throughout the design and use of artificial intelligence technologies applied to public goods and services;

13.7with regard to the participation of older persons in the decisions that concern them, to:

13.7.1put in place the necessary and appropriate methods and mechanisms to allow older persons to exercise their full legal capacity, autonomy and voice in all matters affecting them as individuals;

13.7.2actively seek the involvement of older persons and their representative organisations when considering and reviewing legal and policy measures which affect them and their rights.

• Amendment 8

30 January 2025

Tabled by Ms Anna ZÁBORSKÁ, Mr Ion GROZA, Ms Natalia DAVIDOVICI, Mr Andrian CHEPTONAR, Mr Ričards ŠLESERS

In the draft resolution, after paragraph 13.7.2, insert the following paragraph:

"recognise that most volunteering work is undertaken by the elderly, who use their free time to engage in society and with their family, whereas their volunteering work is still work, and therefore creates positive effects for the community."

14The Assembly supports the United Nations Decade for Healthy Ageing (2021-2030) and encourages Council of Europe member States to address ageism with specific measures aiming to make tangible progress by the end of the decade. It thus invites members States to work towards the elimination of ageism and actively participate in the Global Campaign to Combat Ageism. The Assembly supports, moreover, the consideration of a United Nations convention on the rights of older persons.

BDraft Recommendation

1Referring to its Resolution ... (2025) “Overcoming age-based discrimination against older persons”, the Parliamentary Assembly congratulates the Committee of Ministers for adopting Recommendation CM/Rec(2014)2 to the member States on the promotion of human rights of older persons.

2Welcoming the update of the course on anti-discrimination of the Council of Europe Programme on Human Rights Education for Legal Professionals (HELP), the Assembly invites the Committee of Ministers to consider adding a module on age-based discrimination.

3In order to protect and promote the human rights of older persons and to eliminate the discrimination they face, including in the field of healthcare, as well as to combat the stereotypes, prejudices and bias against older persons that lie at the root of such discrimination, the Assembly calls on the Committee of Ministers to:

3.1as so decided in 2019, keep under review the implementation of Recommendation CM/Rec(2014)2, in particular with the aim of identifying and remedying existing gaps in this field, considering in this context the desirability and feasibility of a specific legal instrument at European level which would provide a framework for the protection of the human rights of older persons;

3.2consider preparing a recommendation on preventing and combating ageism, following a similar approach to that of Recommendation CM/Rec(2019)1 of the Committee of Ministers to member States on preventing and combating sexism;

3.3be represented and participate actively in the ongoing discussions in the United Nations Human Rights Council, on developing an international legally binding instrument on the rights of older persons.