Rights of the older citizens in Bangladesh

Population ageing is defined as an increase in the segment of population which is elderly. There is no universally accepted definition of the elderly but in most related literature, people above 60 years of age are considered  'old' and are taken to be the 'elderly' segment of population of a country. In Bangladesh, persons aged 60 or above are considered elderly. However, in reality people in this country become older before they reach the age of 60 because of poverty, hard physical work, inability and illness due to malnutrition and so on.
Ageing of the population is one of the most important demographic facts that have come to the foreground in the 21st century. With the increase in life expectancy, the population ageing is now a global issue. It is common all over the world that elderly age range is increasing rapidly and on the other hand the number of children and youth population is reducing. In 1950, the number of world population of the age of 60 years and above was about 200 million, constituting 8.1 per cent of the total global population. By the year 2050, there will be a manifold increase; the world's elderly population is projected to be 1.8 billion which will be about 20 per cent of the total 9.8 billion.
The annual rate of increase of population is 1.5 per cent, while the rate of increase of the population of age 60 + would be 2.5 per cent. Bangladesh is one of the twenty countries in the world with the largest elderly populations, and by 2025, along with four other Asian countries, will account for 44 per cent of world's total elderly population. This rapidly increasing population is a new and important group to be seriously taken into account by social and health policies.
The United Nations Declaration on Human Rights states that "all human beings are born free and equal in dignity and rights." This equality does not change with age. Discrimination of any kind is ethically unacceptable, and age discrimination has to be resisted the way gender discrimination is being resisted at present.
The 1982 Vienna International Plan of Action on Ageing is the first international document on ageing, created by the first World Assembly on Ageing, and later endorsed by the UN General Assembly resolution 37/51. It is developmental in focus, outlining the principles and recommendations on areas such as the family, social welfare, health and income security. General references are made to human rights through reaffirmation of the applicability of the principles and objectives of the Universal Declaration of Human Rights to older people.
The 2002 Madrid International Plan of Action on Ageing (MIPAA) was adopted by the Second World Assembly on Ageing, along with a political declaration. It contains three priority themes: development; health and well-being; and enabling environments. Eliminating age-based discrimination and promoting the human rights of older people are issues that do emerge in this non-binding document. However, as the report of the United Nations High Commissioner for Human Rights to the Economic and Social Council noted in July 2012, implementation of the Plan of Action "does not systematically consider linkages to the obligations of the State parties under international human rights instruments." Regional action plans have been created, though monitoring of implementation has been weak. The limited and sometimes non-existent awareness of MIPAA and its limited implementation was recognised by the UN General Assembly in 2011 in resolution 65/182. Its lack of impact is further evidenced by the fact that only 42 States out of 192 responded to the request for information on its implementation within that same resolution.
 Whilst some commitments in the political declaration may reinforce human rights, MIPAA is not a human rights treaty. Governments have no legal obligation to implement any of the recommendations within MIPAA, and there is no independent monitoring mechanism. Moreover, it does not constitute a comprehensive human rights framework and important human rights issues for older people, such as equality before the law, non-discrimination, access to effective remedies, and freedom from torture or other cruel, inhuman or degrading treatment or punishment are not included.
HUMAN RIGHTS INSTRUMENTS AND OLDER PEOPLE: None of the foundational human rights instruments, namely the Universal Declaration on Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), or the International Covenant on Economic, Social and Cultural Rights (ICESCR) explicitly prohibits discrimination on the basis of age. To explore the exact language of those foundational documents in greater detail, UDHR Article 2 states, "Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status". Though not binding, the UDHR provides the basis, language and moral force for subsequent human rights instruments. Both the ICCPR and the ICESCR ensure that the rights contained in the UDHR are applicable to all people "without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status". Within the subsequent nine core international human rights treaties, only one prohibits discrimination on the basis of age and two mention older people:
1. Articles 1.1 and 7 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW, 1990) prohibit discrimination on the basis of age.
2. Article 11.1.e of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW, 1979) provides for the equal right of women to social security including in old age.
3. Article 25.b and 28.2.b of the Convention on the Rights of Persons With Disabilities (CRPD, 2008) requires States to provide services to prevent and minimise further disabilities among older people, and to ensure that older people with disabilities have access to retirement benefits. Four other provisions in the CRPD require "age-appropriate" or "age-sensitive" measures for people with disabilities that could be interpreted to include old age, related to access to justice, prevention of abuse and information on reproductive rights.
The American Convention on Human Rights (1969) prohibits capital punishment for people under 18 or over 70. The Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (the Protocol of San Salvador, 1988) provides for the right to social security and special protections (facilities, food and medical care) at old age.
The African Charter on Human and Peoples' Rights (1981) articulates special protection for older people. Its Protocol on the Rights of Women in Africa (2003) articulates special protection for older women and their right to freedom from violence and abuse.
The Arab Charter on Human Rights (1997) articulates the responsibility of the State for "outstanding care and special protection" for older people.
The Charter of Fundamental Rights of the European Union (2000) prohibits age-based discrimination, respects the right of older people to live a life of dignity and independence and to participate in social and cultural life and also articulates the right to social security at old age.
BANGLADESH SCENARIO: The rights of the elderly are mentioned in the Constitution of the People's Republic of Bangladesh. The rights to social security arising from 'old age' along with unemployment, illness or disablement are mentioned in Section 15 (d) entitled 'Provision of Basic Necessities' of the Part II of the Constitution entitled 'Fundamental Principles of State Policies'. The provision of basic necessities for all citizens such as food, clothing, shelter, education and medical care, the right to work and employment at a reasonable wage and the right to reasonable rest, recreation and leisure are mentioned in the 15 (a), 15 (b), 15 (c) clauses respectively in Section 15 of the  constitution. Recently the government has enacted Pita-Matar Voronposhon Ain 2013 regarding protection of parents which is related to the issue of ageing.
National Policy on Ageing (NPA) has been a demand for a long time for the welfare of the elderly people. The policy has already been approved at the ministerial level in 2007. NPA has been formulated in the line of MIPAA's policy (Country Report of Bangladesh, 2007). People aged 60 and above are defined as the elderly citizens of the country in this policy. The main objectives of this policy are:
l To ensure the dignity of the elderly people in the society
l To identify the problems of the elderly people and address those
l To change the attitude of the mass people towards the elderly people
l To take new programmes to address the needs of the elderly people for
The national Committee on Ageing was constituted for the first time after the Vienna International Plan of Action on Ageing in 1982. It was one of the first moves from the government to address the ageing issues. The President and Vice President of the committee were the minister and secretary of the ministry of social welfare respectably. The committee allocated some funds for the Bangladesh Association for the Aged and the Institute for Geriatric Medicine (BAAIGM). Primarily, this committee was involved in formulating policies and its implementation for BAAIGM.
ROLES OF ELDERLY PEOPLE: Some promising areas where elderly people can
contribute:
l Advocacy: Elderly people, who are lawyers, can serve their clients from their long-experience. Elderly lawyers are renowned in their profession.
l Preserving national legacy: A little review shows that the long legacy of our traditional art of cooking, sewing, weaving, handicrafts designing etc., can be better preserved if older people with knowledge and expertise in these fields could be engaged in a comfortable atmosphere.
l Grooming up the youngsters: Now-a-days both father and mothers are busy with various activities at home and outside. So the elderly can pass their time by looking after the grandchildren. They can educate the children through gossiping, telling stories etc. Here, a very important element is story telling, as it can be found useful for inculcating moral values in the tender hearts of the youngsters.
l Education: The elderly are more experienced in teaching profession. They can easily understand the students because of their long time experience. So their teaching is more effective for the students.
There is a Chinese proverb that "Death of an older person is the end of a library." Elderly population is the asset of any nation. Older people have specific requirements which are necessary to guarantee their rights. However, existing legal instruments do not adequately articulate what these are, nor do they clarify governments' obligations to protect older people's rights. As a result, attention to older people's rights by governments, human rights community and civil society has been completely inadequate and older people's rights are not being sufficiently protected. If the elderly get enough suitable opportunities, they can contribute like others.  
In this context the following initiatives may be taken:
l Initiative should be undertaken to foster sustainability of ongoing social protection system.
l Bangladesh government may declare citizens above 60 years of age as senior citizens through legislation. This will enable them to enjoy some privileges as are being practised in different countries. Similarly, legislation should also be enacted so that the children do not neglect their older parents.
l Older persons should be treated as participants in all national and development activities, and they should have the opportunity of enjoying the benefits.
l Steps are to be taken to introduce home care, day care and community based care programmes for all groups of older persons in the country.
l Development partners, NGOs, donor agencies, civil societies, corporate bodies etc., should come forward, be more active and play a proactive role. They should endeavour to undertake different elderly welfare projects to meet the felt needs of older persons.
l Concerned authorities should assist the senior citizens so that they can exercise their legal or fundamental rights properly.
The writer is senior lecturer, Department of Law, World University of Bangladesh.
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