Overcoming age-based discrimination against older persons
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 31 January 2025 (9th sitting) (see Doc. 16091, report of the Committee on Equality and Non-Discrimination,
rapporteur: Ms Andrea Eder-Gitschthaler). Text
adopted by the Assembly on 31 January 2025 (9th sitting).See
also Recommendation 2291
(2025).
1. Human 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.
2. Ageism – 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.
3. Age-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.
4. A 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.
5. Older 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.
6. The 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 (migrants, lesbian, gay, bisexual, transgender
and intersex (LGBTI) persons, women, persons with disabilities, persons
with an ethnic minority background, etc.).
7. The 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 inequality), 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 sustained economic growth, full employment
and decent work for all).
8. The 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.
9. The 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.
11. The Assembly acknowledges the pioneering role played by the
Council of Europe, given that the European Social Charter (ETS No. 35,
“the Charter”), revised in 1996 (ETS No. 163, “the revised Charter”), 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 States parties to adopt legislation
to combat age-based discrimination in all areas. The revised 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 revised Charter requires a commitment
from the States parties to identify and eliminate ageist attitudes
and laws, policies and other measures which reflect or reinforce
ageism. In 2021, 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.
12. The 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.
13. The Assembly calls on the member and observer States of the
Council of Europe and States whose parliaments enjoy observer or
partner for democracy status with the Assembly:
13.1 with regard to the general approach,
to:
13.1.1 apply 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;
13.1.2 accordingly 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);
13.1.3 support and fund civil society organisations working to
combat ageism;
13.1.4 provide opportunities for intergenerational solidarity
and partnerships, and propose 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;
13.2 with regard to laws and policies, to:
13.2.1 review
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;
13.2.2 ensure 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;
13.2.3 accept Article 23 of the revised European Social Charter
if this is not already the case;
13.2.4 ensure that monitoring and enforcement bodies and mechanisms
are in place as regards laws and policies on age-based discrimination
against older persons;
13.2.5 consider establishing an independent commissioner and/or
a minister for the rights of older persons;
13.3 with regard to social care and healthcare, to:
13.3.1 ensure that the principle of non-discrimination on the
basis of age is integrated in healthcare and other public policies
and programmes;
13.3.2 ensure 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;
13.3.3 support 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, persons with an ethnic
minority background and migrants;
13.3.4 grant access to affordable and quality institutional long-term
care;
13.4 with regard to access to information, redress and justice,
to:
13.4.1 ensure that older persons have full and easily
accessible information about their rights and redress mechanisms;
13.4.2 establish appropriate redress mechanisms and support the
access of older persons to justice, including through the provision
of free legal aid and appropriate legal proceedings;
13.4.3 support the work of equality bodies and ensure their ability
to receive and bring forward complaints concerning age-based discrimination
against older persons;
13.4.4 raise 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);
13.5 with regard to data collection and research, as a tool
to measure the situation and inform policy making, to:
13.5.1 review
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;
13.5.2 conduct quantitative and qualitative research into intersectional
discrimination affecting older persons, including women, LGBTI persons,
migrants, persons with an ethnic minority background or persons
with disabilities;
13.6 with regard to digitalisation and access to goods and
services, to:
13.6.1 combat 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;
13.6.2 ensure that public services, especially relating to financial
and other essential support, can be accessed through both online
and offline means;
13.6.3 ensure 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;
13.7 with regard to the participation of older persons in the
decisions that concern them, to:
13.7.1 put 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;
13.7.2 actively seek the involvement of older persons and their
representative organisations when considering and reviewing legal
and policy measures which affect them and their rights.
14. The 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 member States
to work towards the elimination of ageism and actively participate
in the World Health Organization’s Global Campaign to Combat Ageism.
The Assembly supports, moreover, the consideration of a United Nations
convention on the rights of older persons.
