UN World Conference on Ageing held in Vienna in 1982 was the first instance where the aging of the world population was recognized at the international level. The most comprehensive international text on aging and older persons is the United Nations Resolution No. 46/91 adopted in 1991 on The Principles for Older Persons.

This document provides a human rights-based approach to the issues concerning older persons.

The UN Principles for Older Persons have five main components.

• The right of older persons to lead an independent life, socially and economically,
• The right to participate in the formulation of policies concerning themselves,
• The right to all forms of health and family care,
• The right to self-realization,
• The right to a dignified life

Yet, there is no UN convention, similar to “The Convention on the Elimination of All Forms of Discrimination against Women” or “The Convention on the Rights of the Child” which would define the “rights of the elderly” in a holistic manner and impose obligations on member states. The need for such a convention was officially recognized for the first time at the 14th session of the UN “Open-ended Working Group on Ageing (OEWG)” in 2024.

Article 61 of the Constitution of Türkiye states that “The aged shall be protected by the State. State assistance to, and other rights and benefits of the aged shall be regulated by law.” This provision imposes a positive obligation on the State to protect the elderly and ensure that they live a life worthy of human dignity.

Furthermore, Article 10 of the Constitution, titled “Equality before the law”, was amended in 2010 and the provision “Measures to be taken for children, the elderly, disabled people, widows and orphans of martyrs as well as for the invalid and veterans shall not be considered as violation of the principle of equality” was added, making it obligatory to take special measures to realize equal rights.

This approach was reinforced by the 2016 Law of the Human Rights and Equality Institution of Turkey (TİHEK) which prohibits discrimination on the basis of age: “This Law prohibits discrimination based on sex, race, color, language, religion, belief, sect, philosophical and political opinion, ethnic origin, wealth, birth, marital status, health status, disability and age.”

The concept of “human rights” is a set of rights that recognizes that everyone has equal rights at every stage of life from birth. Our Association considers “Elderly Rights” as a subset of Human Rights and advocates that it should be defined with a holistic approach, supported by international and national legal instruments and embraced by both institutions and individuals.

We advocate that the egalitarian approach of the legal provisions mentioned above should be extended to our entire legal system, laws and regulations should be reviewed from this perspective and decision-makers should be made aware of this approach.

Moreover, we recognize that the provision of equality is not enough to remedy age-based discriminations. In this regard, special legal measures should taken to increase public support for older persons and to eliminate inequalities they face ineconomic and social life .

In order to ensure that the rights, well-being and dignity of older persons are protected and respected, it is of vital importance to have a comprehensive international convention on the human rights of older persons .

The drafting and adoption of a UN convention focusing on the rights of the elderly in international law, and Türkiye’s ratification of the convention, will be an important step for legal and institutional reform throughout the system.