Independence, autonomy, and aging with dignity are fundamental rights of older people

October 1, 2024

Washington, D.C. —On the occasion of the International Day of Older Persons, the Inter-American Commission on Human Rights (IACHR) underscores the critical importance of respecting older people's autonomy to make decisions as a way to safeguard dignity in aging.

Independence and autonomy are recognized in the Inter-American Convention on the Protection of the Human Rights of Older Persons and are key principles guiding the interpretation of all human rights for this population. These autonomous human rights protect older people's right to make decisions by recognizing their legal personality and legal capacity.

In its report Human Rights of the Elderly and National Protection Systems in the Americas, the IACHR noted that various international instruments, programs, and declarations acknowledge the importance of independence and autonomy in ensuring the recognition of older persons as full subjects of rights.

The IACHR has observed several concerning situations across the Americas in which discriminatory attitudes about aging have jeopardized the legal personality of older people. Based on such prejudices, older people are often assumed to be incapable of making decisions on critical matters such as access to healthcare, living arrangements, personal finances, voting rights, and civic participation. As a result, they may be subjected to forced institutionalization or medical treatments without their consent, often through legal mechanisms. In other cases, older people's difficulties or limitations in expressing their consent are wrongly interpreted as a complete inability to express their will or make decisions, which can jeopardize their property or pension rights.

On this International Day of Older Persons, the IACHR calls on States in the Americas to adopt measures that promote a cultural shift to eliminate ageism. This includes public awareness campaigns that foster a new paradigm of active aging with rights, promote respectful treatment, and dispel harmful stereotypes and myths about aging that are based on perceived incapacity. Applying an intersectional approach in policy and program development is crucial to balancing specificity and inclusiveness to ensure that all voices within this demographic are heard and supported. The IACHR also urges States to uphold the rights of older people to autonomy and independence in decision-making as a means to guarantee dignity in aging.

The Inter-American Commission on Human Rights (IACHR) is an autonomous body of the Organization of American States (OAS) whose mandate is based on the OAS Charter and the American Convention on Human Rights. Its mission is to promote and defend human rights throughout the Americas and to serve as an advisory body to the OAS in this area. The IACHR consists of seven independent members elected by the OAS General Assembly who serve in a personal capacity and do not represent their countries of origin or residence.

No. 233/24

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