43
Related instruments, forums
andmechanisms
The Committee on the Elimination of Discrimination against Women, in its General Recommendation 27, declares that “States parties
have an obligation to recognize and prohibit violence against older women, including those with disabilities, in legislation on domestic
violence, sexual violence and violence in institutional settings. States parties should investigate, prosecute and punish all acts of violence
against older women, including those committed as a result of traditional practices and beliefs. State parties should pay special attention
to the violence suffered by older women in times of armed conflict, the impact of armed conflicts on their lives, and the contribution that
older women canmake to the peaceful settlement of conflicts as well as to reconstruction processes. When addressing sexual violence,
forced displacement and the conditions of refugees during armed conflict, States parties should give due consideration to the situation of
older women. States parties should take into account relevant United Nations resolutions on women and peace and security when
addressing such matters, including, in particular, Security Council resolutions 1325 (2000), 1820 (2008) and 1889 (2009).” (United
Nations, “General recommendationNº 27 on olderwomen and protection of their human rights” (CEDAW/C/2010/47/GC.1), Committee
on theElimination ofDiscrimination againstWomen, 2010).
The Committee against Torture (CAT), in Its General Comment No. 2, establishes that States parties must, among other obligations,
“prohibit, prevent and redress torture and ill-treatment in all contexts of custody or control”, including institutions that provide care for
the elderly. The Committee has also issued repeated recommendations to States parties that, in their reporting, they should present data
disaggregated by age, gender and other key factors so that the Committee can adequately evaluate implementation of the Convention
(Committee against Torture, 2008, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment but,
General Comment 2, “ImplementationofArticle 2 byStates Parties”, CAT/C./GC/2, NewYork).
Themeasure is also related to theOpenWorkingGroup proposal for sustainable development goals, particularly SDG 5.2, “Eliminate all
forms of violence against all women and girls in public and private spheres, including trafficking and sexual and other types of
exploitation.”
SDG 16.1 “Significantly reduce all forms of violence and relateddeath rates everywhere.”
Article 9 on the Right to safety and a life free of violence of any kind of the Inter-American Convention on protecting the human rights
of older persons prohibits discrimination based on the age of older persons, establishing that “Older persons have the right to safety and a
life without violence of any kind, to be treated with dignity, and to be respected and appreciated regardless of their race, color, sex,
language, culture, religion, political or other opinions, social origin, nationality, ethnicity, indigenous and cultural identity, socio-
economic status, disability, sexual orientation, gender, gender identity, economic contribution, or any other condition.”Article 10 on the
Right not to be subjected to torture or cruel, inhuman, or degrading treatment or punishment, establishes that “Older persons have the
right not to be subjected to torture or cruel, inhuman, or degrading treatment or punishment.” In all cases the obligations of the States are
identified in regard to the protection of rights.
Comments
The objectives, goals and indicators must take into account the particular situation of indigenous older persons, pursuant to PM 89
(combating violence, in the chapter on indigenous peoples).
