The United Nations Convention on the Rights of Persons with Disabilities and Its Implications for the Rights of Elderly People Under International Law

Abstract

To what extent does and should international human rights laws protect the right of elderly people? Specifically, how does the newly adopted Convention on the Rights of Persons with Disabilities affect the rights of elderly people under international law? This Article presents the view that the new Convention on the Rights of Persons with Disabilities has much to offer people who are elderly, both in terms of its substantive provisions as well as an example of what can be accomplished through advocacy efforts to codify human rights protections under international law.This Article begins with a brief discussion of the existing international human rights protections for people who are elderly. The second section of the Article reviews the newly adopted UN Convention on the Rights of Persons with Disabilities, including why it was needed and what it provides. The third section of the Article discusses the potential of the Convention to protect and expand the rights of elderly people under international law. The fourth section of the Article discusses the United States' position on the Convention and its potential to affect the rights of elderly people in the United States. Finally, the Article concludes with a recommendation for the consideration of a new UN Convention on the Rights of Elderly People.