Specific Human Rights for Older Persons? The inevitable colouring of Human Rights Law

The identification of possible new subjects for rights entitlement seems to be fuelled by sensibilities that develop over time. The global phenomenon of demographic ageing influences societies and within ageing societies demands for new rights and duties have emerged. At the beginning of 2010, the Advisory Committee of the UN Human Rights Council delivered a working document defending "the necessity of a human rights approach and effective United Nations mechanism for the human rights of the older person." Written from a legal positivistic perspective, this article illustrates the legal construction of the human rights of older persons by analysing the pertinent case law as it develops within the pertinent legislative human rights framework and drawing inspiration from the interpretative and systematising work of legal scholars. Our conclusion is that the human rights framework could be complemented by a new treaty on the human rights of the older persons provided that it incorporates a more positive, explicit conception of rights and responsibilities towards those who are least advantaged, less well situated or less empowered.