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Disability rights at all ages

Disability rights at all ages

Op-ed by AGE Platform Europe

Although ageing is often seen as being equal to chronic illness and impairment, older people are a vastly heterogeneous group. In reality, most of us is will age actively and in good health. Perceptions that older persons are intrinsically weak and frail are driven by ageism, meaning stereotypes, prejudice and discrimination on the basis of age (UN Global Report on Ageism, 2021). Nevertheless, it is important to acknowledge that with increasing age, the likelihood of disabilities also increases.

The need for a rights-based approach in ageing policies

Whereas disability is widely seen as a human rights issue, only recently did a human rights approach start to emerge within ageing policy. However, ageing policies tend to still rely heavily on financial considerations and on the medical model (UN Special Rapporteur on the rights of persons with disabilities, 2019). This discrepancy is exemplified in the EU Green Paper on Ageing adopted in 2021, which does not see independent living for older persons as a right that should be enjoyed on an equal basis with others, but only for ‘as long as this is possible’. Persistent stereotypes about older people’s abilities may lead to the conclusion that there is not much that can be done to assist older people and to integrate them in the life of their communities. Also, when the need for care and support arises in old age, we are more likely to accept that rights can be limited due to financial or other restrictions.

Break down silos

In practice, the intersection of ageism and ableism translates to the fragmentation of policies for persons with disabilities of working age and older people. Older persons with disabilities are often considered objects of care that are a ‘burden’ to society. This is rooted in the fact that they are often subjected to both ageism and ableism and the inequalities and discrimination that they face are often considered ‘natural’ and justifiable. In some cases, the law imposes age limits in access to disability benefits, mobility allowances or personal assistance.

Older people with disabilities are often faced with lower quality or fewer options of services, different levels of support and abusive practices, such as delayed, refused, inadequate or undignified treatment. Many older persons with disabilities lack access to preventive healthcare and affordable rehabilitation services, which take into account their specific needs. This is often linked to the fact that disability policies focus on preventing disabilities in working life. In addition, senior workers may lack a right to reasonable accommodation and be required to retire on the basis of assumptions of their ability to work close to or beyond retirement age.

Bring intersectionality to the fore

The former UN Special Rapporteur on the rights of persons with disabilities stressed that the ‘intersection between older age and disability results in both aggravated forms of discrimination and specific human rights violations against older persons with disabilities’ (2019). For the UN Special Rapporteur, ‘these human rights violations are frequently regarded as normal and renderedinvisible to Governments, deepening the circle of discrimination and exclusion of older persons with disabilities’. This means that more needs to be done to ensure the equal application of disability rights across the lifecourse.

At EU level, the implementation of the Disability Rights Strategy needs to recognize and address the challenges faced by older persons with disabilities. The EU also needs to adopt legislation that prohibits discrimination based on age and disability outside of employment and vocational training. An Age Equality Strategy would complement the existing EU equality framework, consolidating a paradigm shift with respect to society’s perception of ageing and older persons. Such strategy would work hand in hand with existing equality strategies and action plans to ensure that people at the crossroads of discrimination are not left behind. At global level we need a UN convention, as the ultimate instrument with a transformative potential to drive tangible change for the equal realisation of universal rights in old age.

The Universal Declaration of Human Rights turns 75 this year. But it will not fulfil its promises unless we set up the mechanisms that provide accountability for age and disability discrimination; unless we empower activists to demand the full realization of universal human rights at all ages; unless we raise awareness of how ageism and ableism gets in the way of living full and fulfilled lives.

To #AgeWithRights, we all need to act now! Join the movement for equality at all ages.

About AGE Platform Europe

AGE Platform Europe is the largest European network of non-profit organisations of and for older people. We elevate older people’s voices, bringing their experiences and aspirations to the table to celebrate ageing and fight for equality at all ages.

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Contact

Nena Georgantzi, Human Rights Manager, AGE Platform Europe