76 Lin Zhang & Jingjing An
Population ageing is growing at an accelerated speed on the international level
nowadays. Under such circumstances, the appeal to create the Convention on
the Rights of the Elderly (“CRE”) by the UN has been increasingly reinforced by
various stakeholders. The rights system is the point of contention in the process. The
population ageing faces special and urgent human rights challenges such as ageism,
isolation, violence and abuse. While ageing society is processing intensively, each
challenge has become more serious due to the deficiencies in the normative and
practical framework for protecting their human rights.
These challenges involve
all aspects of civil, political, economic, social and cultural rights. The construction
of the rights system will: promote, deepen and more accurately dene the rights of
the elderly; strengthen the obligation to respect; protect and implement the rights
stipulated; provide greater visibility and recognition for the elderly at home and
abroad; and lay a solid foundation for the support of the rights of the elderly and the
promotion of public awareness and human rights education.
The primary purpose of this research is to present a proposal of creating the right
system of the CRE, which represents the key part of this highly expected international
treaty. This paper consists of ve parts including Introduction and Conclusion. Part
two will discuss the unique features of the right system of the elderly. Part three will
examine the efforts made by the UN to protect the rights of the elderly and the aws
of these endeavors. Part four will propose the plan to systematically construct the
right system of the CRE.
II. Unique Features of the Right System of the Elderly
The CRE will be a new core international human rights convention.
the existing human rights framework and mechanism of the UN, the categories of
human rights should be tailored according to the characteristics of older persons
and the particularity of their rights infringed, and additionally construct a protection
mode suitable for the unique situation of older persons. Therefore, the characteristics
1 I. Doron, The Debate Around the Need for an International Convention on the Rights of Older Persons, 5
GerontoloGist 586-93 (2010).