A Generic Construction of the Right System for Population Ageing: Draft Convention on the Rights of the Elderly

서지정보

ㆍ발행기관 : 이준국제법연구원 ㆍ수록지정보 : Journal of East Asia and International Law / 13권 / 1호
ㆍ저자명 : Lin Zhang, Jingjing An

목차

I. Introduction
II. Unique Features of the Right System of the Elderly
A. Thoroughness and Comprehensiveness
B. Personality and Human Prosperity
C. Universality and Specialization
III. The UN Human Rights Organsand Various Rights of the Elderly
A. The Human Rights Council
B. The UN High Commissioner for Human Rights
C. The Open-ended Working Group on Ageing
D. The UN Specialized Agencies
IV. Rights of the Elderly to be Recognized and Included
A. Civil and Political Rights
B. Economic, Social and Cultural Rights
V. Conclusion

영어 초록

Although there are many international treaties and conventions offering protection for generic human rights that implicitly refer to older persons, these relevant provisions are scattered, porous and lack of practical operability, which fail to provide explicit, tailored, comprehensive and binding protection to older persons. In addition, there are some soft law provisions that guide the application of law and add to the overall protection of older people. However none of the documents contains legally binding obligations. Therefore, the protection of the rights of the elderly must be formulated as the “hard law” which defines the responsibilities of the state and clarifies the implementation mechanism at the international and domestic level. In other words, a legal system ought to be established to comprehensively protect the rights of the elderly, which is just the Convention on the Rights of the Elderly. This article attempts to present a proposal to create the right system of the Convention, which represents the core of this potential international treaty.

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