An underlying common factor and root cause of many of human rights violations experienced by older persons, along with its ubiquitous, prevalent, and surreptitious nature, is ageism.
In the most recent session of OEWGA in April 2022, an increasing number of UN Member States took note of the gaps in the existing international human rights system.
"[11] The report acknowledged several sub-topics especially applicable to the rights of elderly persons, including health and nutrition, housing and environment, the family, social welfare, income and security and employment, and education.
[12] The report therefore gave policy recommendations to address these concerns, including to avoid imbalances in age groups in the public sector, and to give effort to fill longer life spans with a sense of purpose and accomplishment.
[14] The significance of this report for the proposed convention is its use in determining the United Nations approach to ageing and its members states' internal policies.
[17] However, the implementation of these Principles received little oversight, as under international law United Nations General Assembly Resolutions are not automatically binding on parties.
"[19] The Plan aims “to ensure that persons everywhere are able to age with security and dignity and to continue to participate in their societies as citizens with full rights”.
[20] It has three priority directions: older persons and development, advancing health and well-being into old age and ensuring enabling and supportive environments.
In October 2010, the United Nations General Assembly adopted Resolution 65/182 which established the "Open‐Ended Working group on Ageing for the purpose of strengthening the Human Rights of Older Persons" as a follow-up to the Madrid Plan.
[27] In the first session, select member states acknowledged the difficult position of older person's rights under the traditional international framework, due to the lack of a specific convention.
Special mandate holders of the OHCHR, including the Independent Expert for the full enjoyment of all human rights by older persons, have also repeatedly expressed their support for a UN Convention.
"[40] A similar position was taken by HelpAge International, which submitted a substantial report on age discrimination to the first session of the OEWGA, and concluded that a single instrument was needed to amalgamate the principles of older person's rights into one convention.
[43] At the 12th session in 2022, however, the United States have been less vocal in its opposition and supported a proposal made by Argentina establishing a course of action for the OEWGA to fulfil its mandate.
Aim of the group would be the preparation of a draft decision to be submitted for consideration of the OEWGA in 2023 and discuss possible gaps in the international human rights system for older persons.
In its 48th session in October 2021, it adopted its first substantive resolution to advance older persons’ human rights and to fight ageism and age discrimination.
[34] The High Commissioner concludes her report in saying, “the current international framework provides fragmented and inconsistent coverage of the human rights of older persons in law and practice and that there is a need to move expeditiously towards developing and adopting a coherent, comprehensive and integrated human rights framework on older persons, while further integrating older persons’ concerns into the work of existing mechanisms.“ Also pursuant to resolution 48/3 of the Human Rights Council, a multi-stakeholder meeting to discuss the High Commissioner’s report will be held in 2022.