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

2. 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

3. 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

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

5. 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

6. 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

7. 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

8. 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.

9. 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.

10. 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

11. 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.

12. 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

13. 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

14. 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.

15. 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.