Normative content of the right to freedom from violence, abuse and neglect Bridget Sleap, HelpAge International 3rd July 2017, New York

Submissions Not ask about prevention, support, justice and redress All forms At heightened risk Wide range of settings (public and private) Wide range of perpetrators Not ask about prevention, support, justice and redress

Gaps highlighted in the submissions 1. Legislation None Dedicated to VAN in older age Domestic violence laws Constitution Criminal (penal) codes Civil codes Guardianship laws Social services law Disability acts Acts governing prison settings Legal assistance laws Personal status laws Financial regulation laws, banking, fraud, consumer protection, inheritance and estate laws, land laws, larceny, religious codes

Gaps highlighted in the submissions 2. Data No data Limited data National surveys Localised studies Complaints to NHRIs Police statistics Academic research NGO research

Normative basis in IHRL Recognised as a global phenomenon by IE No explicit right CRPD: Articles 15 & 16 CEDAW: GR 27 & draft amended GR19 on VAW CAT & Optional Protocol Normative gap? Persistent acts, circumstances and institutional factors that deprive older people of their dignity are not provided for, or are inadequately provided for, in IHRL

Normative content All forms of violence, abuse and neglect Public and private settings Prevention Support services Remedies and redress Data and statistics Interdependence with other rights

Normative content All forms of violence, abuse and neglect Physical, sexual, psychological, financial and neglect Single or repeated act Against one individual Institutional practice eg restrictive practices Structural violence

Normative content Public and private settings Acts of violence, abuse and neglect Perpetrators - private and public actors States may be responsible for private acts of violence abuse and neglect of older persons if they fail to act with due diligence to: Prevent acts of violence abuse and neglect against older persons Protect and support the victims/survivors Investigate and prosecute incidents of violence, abuse and neglect Punish the perpetrators Provide redress to the victim/survivors for the harm suffered.

Normative content Prevention States should have an obligation to take comprehensive steps to prevent violence, abuse and neglect including but not limited to: Put in place effective legislation and policies to ensure all forms of violence, abuse and neglect are identified, investigated and redressed Allocate sufficient resources to effective implementation Provide training for all care providers, including family and other informal care providers Put in place a system of appropriate needs assessment and monitoring in situations of care and support Pay specific attention to the intersectional drivers of violence Raise awareness of and sensitise society to the different forms of violence, abuse and neglect in older age and how to identify and prevent.

Normative content Support services Access to a range of support services for survivors, including but not limited to: a full range of medical, psychosocial, rehabilitative and legal services information about available support and services appropriate victim support services effective remedies and redress

Normative content Remedies and redress Self-determination of the survivor: The individual is best placed to judge his or her own well-being and observe. The right should provide an obligation on States to assist survivors with making complaints to investigate and lay criminal charges Criminal justice responses, criminal offences and sentencing practices should reflect the aggravated nature of offenses against older persons. Older age should not limit compensatory damages or access to survivor services.

Normative content Data and statistics The right should provide an obligation on States to collect disaggregate analyze utilise make public at regular intervals appropriate information and statistical data on all forms of violence, abuse and neglect. Prevalence and trends, risk factors, perpetrators, access to support services and effective remedies and redress In compliance with internationally accepted norms and ethical principles in the collection and use of statistics

Interdependence with other rights The right to freedom from violence, abuse and neglect in older age relates to other rights in older age, including the rights to: Freedom from torture, or other cruel, inhuman or degrading treatment or punishment Physical and psychological integrity Autonomy and independence Freedom from ageism and age discrimination

Gaps A normative gap exists when persistent acts, circumstances and institutional factors depriving a person of their dignity are not provided for, or are inadequately provided for, in existing international human rights law. An implementation gap exists when the rights and obligations within international human rights law are not fully translated into national law and/or put into practice.

Gaps A monitoring gap exists when there is no independent monitoring mechanism mandated to ensure States comply with their obligations under international human rights law, or where existing monitoring bodies fail to adequately monitor State Party compliance. An information gap exists when the lack of disaggregated data and statistics prevents an accurate picture of the current situation being drawn and prevents monitoring bodies from making targeted and specific recommendations.