History in making as governments draft a legally binding Treaty for rights of older persons

Bobby Ramakant *

This is indeed a historic first when governments come together to draft a legally binding possible treaty to protect the human rights of older persons. The first ever historic Inter Governmental Working Group (IGWG) meeting to protect the rights of older persons was held recently. IGWG was created by the UN Human Rights Council in April 2025 and given the mandate to draft a legally binding UN Convention on the Rights of Older Persons.

"It has taken older persons, with support from the not-so-old ones, over two decades of advocacy and efforts to reach this point where governments are convening to draft a legally binding possible treaty to age with rights. The process follows the recognition that existing international human rights treaties do not specifically address the human rights of older peoples, leaving them vulnerable to violations, particularly regarding access to care, social protection, and in humanitarian crises," said Shobha Shukla, who was among the registered delegates for IGWG as part of those with lived experience as well as representing Development Justice for Older Persons (DJ4OP) campaign.

Well, better late than never. The Convention is expected to protect the rights of older persons, recognise the valuable economic and social contributions older persons make and provide a comprehensive and coherent framework for a world free from ageism and age discrimination.

While opening the IGWG meet, Nada Al-Nashif, UN Deputy High Commissioner for Human Rights, who, like Shobha, is a senior citizen herself, said that "meaningful participation is essential. Older persons themselves - in all their diversity, including older women, older persons with disabilities, those belonging to indigenous peoples, minorities and rural communities - must be actively engaged in this process. Civil society organisations, national human rights institutions and independent experts bring indispensable experience, data and insight. An inclusive and transparent process will strengthen both the legitimacy and the quality of the outcome."

"We are living in an age of ageing with a fast growing number of older people. Life expectancy has increased significantly in most settings, over the past years. Japan has nearly 100,000 people aged 100 or older - the highest in the world, with women comprising roughly 88% of this population. By 2050 the population of persons above 60 years of age is projected to grow to 2.1 billion (nearly one fifth of the total global population)," said Shobha.

Longevity is one of humanity’s greatest achievements. Yet the promise of longer life is too often accompanied by persistent gaps in the protection of human rights.

Ageism lurks

Instead of celebrating older age we fear it and ageism fuels this fear.

What is ageism? "Ageism is one big elephant in the room. It includes harmful norms, stereotypes, narratives and tropes against older persons. It affects women more than men; less educated more than better educated. To be a gender diverse person or a woman or one with disability and to be elderly is double trouble in many countries including India, more so if you stand up against ageism and do not fit into the norm. Subtle nuances of ageism abound in every nook and corner and lurk where you least expect them - homes, society at large, workplace, industry, healthcare facilities, media... the list is endless," said Shobha Shukla, while speaking in SHE & Rights session organised by Global Center for Health Diplomacy and Inclusion (CeHDI), Fos Feminista, Women's Rights Caucus, Women Deliver Conference 2026, International Planned Parenthood Federation (IPPF), Asian-Pacific Resource and Research Centre for Women (ARROW) and partners.

"At home and in society at large, relationships are often defined by age. Intimacy, companionship, love and support are as important for the elderly as for the young. Yet these human needs are expected to dry up with advancing years, and any manifestation of them is looked down upon. Families often underestimate the ability of elders (especially women) to live on their own and lead an independent life. It is deemed okay for 'elders to go on a pilgrimage' but not on a vacation or leisure trip; it is okay for them to 'attend a religious discourse', but watching a bawdy movie or play is unacceptable. Grandparents (especially grandmothers) are expected to take care of their grand kids and deemed selfish if they have other priorities in life," said Shobha Shukla of DJ4OP, who also founded and leads CNS (Citizen News Service).

Word 'retired' reeks of ageism

"At the workplace, there is the age-related archaic retirement system – the word ‘retired’ itself reeks of ageism. One does not retire (except perhaps when she/he/they is perpetually bedridden) as long as one lives. Yes, we do change our path and move in new directions. Instead, there must be support systems in place to ensure that older persons can make a choice with dignity and rights if they want to work or not, and age with rights," said Shobha Shukla.

"Ageism directly impacts health seeking behaviour of older people. Research suggests that people with more negative views on ageing experience poorer health. Attributing many diseases and disabilities to old age is largely ageism. Features of our homes and outside environment (like safe and user friendly access to utilities) are important contributory factors in maintaining health and independence as we age," she added.

"Also, it is erroneously felt that limited healthcare resources are better spent on younger persons. Elderly women are care givers by default for other family members and yet their healthcare needs are often brushed aside and dubbed a drain on family resources," rightly said Shobha.

Age with rights

Health promotion must include disease prevention (both non-communicable diseases and communicable or infectious diseases) in every age group, and not just the elderly. Many age related diseases and disabilities, are often preventable, or their severity can be reduced, if healthy living and active ageing is promoted for every age. "We have to address population ageing with a lifecycle approach," said Shobha Shukla.

"When it comes to sexual health, less said is better. The elderly are generally kept absent from the discourses around sexual health and rights. In many societies there seems to be a cultural taboo around the sexual health needs of the elderly. Many find it difficult to accept sexual health and rights of all peoples - all through their lifecycle – which includes older persons too. This becomes even more critically important when it comes to older women, older women with disabilities, older gender diverse peoples, and older indigenous peoples. All of us have the right to bodily autonomy irrespective of our age," rightly emphasised Shobha Shukla.

For many older peoples, these challenges are compounded by intersecting forms of stigma as well as intersectional discrimination, including on the basis of gender, disability, ethnicity, or socioeconomic status.

Age is no barrier to learning but ageism is a big obstacle

"Age can be no barrier to learning. But ageism is a huge barrier and so is gender inequality. Failure to address ageism and do away with age-related harmful stereotypes, social norms and narratives, fuels shame or self-stigma, which often results in negative self-worth, addictions, ill-health, and self-harm. Rooting out ageism will help older people live with dignity," said Shobha Shukla.

The way forward

Older persons want to lead a meaningful life and require support mechanisms, including social and financial security, to continue to function positively. They need affordable and comfortable public transport, safe spaces for physical activities, easily accessible healthcare, says Shobha.

"We need strong laws to stop all forms of harassment faced by the elderly and make commuting, workspaces, working hours, nature of work, health services, social security support systems, friendly for them if governments truly walk the talk on active ageing and against ageism," she added.

Diversity, equity and inclusion principle

"Older persons are as diverse as other populations – including in terms of sexual and gender orientations, expressions and identities; social and economic backgrounds; cultural backgrounds; skills and competencies; desires and ambitions; aspirations; hopes and dreams. So, we have to keep those marginalised among older persons in the centre of the response – this includes older women, older indigenous peoples, older gender diverse persons and peoples with disabilities," said Shobha Shukla.

"Elderly should speak up, not lose their self-confidence, be positive, be as independent as they can be, not feel ashamed to take help from others, eat healthy and exercise. We need to unlearn and re-learn how to live life fully. Remember that age is just a number. We only have one-shot of life! Age gracefully!" she added.

The establishment of the IGWG by the UN Human Rights Council represents a decisive step forward. Its first session has opened a new chapter in a collective effort to address the conceptual and normative gaps in the international human rights framework as it relates to older persons.

However, as the UN Deputy High Commissioner for Human Rights, Nada Al-Nashif, has rightly remarked “A legally binding instrument will not, by itself, resolve all the challenges older persons face. Its effectiveness will depend on political will, adequate resources, strong institutions, and sustained societal transformation”.

But a legally binding treaty can definitely accelerate progress towards preparing all countries for population ageing which is already a growing reality. Let us hope that this possible legally-binding UN treaty affirms the agency of older persons and safeguards their autonomy across all areas of life - and all through their lifecycle.

"We, the elderly are not asking for mercy. We are asking for our long overdue rights. We need to be recognised - not as burdens, but as rights holders and as vital contributors to families, communities, economies and public life. We do not need shelter homes but the right to live a fulfilling life. Ageism and gender inequality has to end with us," rightly said Shobha.