Présentation de ENNHRI sur "Human Rights of Older Persons " lors du Forum Mondial des Droits de l'Homme, Novembre 2014.
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1. Human Rights of Older Persons
In Long-Term Care
Marrakech, 29 November 2014
2. NHRIs
State funded bodies, independent of government
Broad mandate to promote and protect human
rights
Accredited by reference to UN Paris Principles
NHRIs as a bridge
Global network of NHRIs - ICC
3. ENNHRI
Supporting NHRIs
◦ Accreditation and Establishment
◦ Capacity building – NHRI Academy
ENNHRI Working Groups
◦ Legal, Disability, Asylum and Migration, Human Rights in
Economic Crisis, Business and Human Rights
Engagement with international and regional
human rights mechanisms
◦ EU, Council of Europe, OSCE, UN
4. ENNHRI Project - Planning
Mapping of ENNHRI members’ work (Sept 2013)
ENNHRI members’ project survey (May 2014)
Planning meeting (June 2014)
UN OEWG on Ageing (July 2014)
Stakeholder conference (October 2014)
5. ENNHRI Project - Objectives
Introduce human rights standards and HRBA to
long-term care of older persons
Increase awareness of the human rights of older
persons living in or accessing long-term care
Strengthen the capacity of NHRIs to monitor and
support human rights based policies
6. ENNHRI Project - Scope
Human rights relevant to older persons in long-term
care, with emphasis on residential care
◦ Relationship with home care and informal care
◦ Financial limitations on older persons’ access to care
◦ Working conditions of care staff
◦ Diversity of older persons, discrimination and ageism
◦ Lessons and synergies from CRPD
◦ Developments at the international level (OEWG)
7. ENNHRI Project – Activities
2.5 years, from January 2015
1. Desk-based Research
2. Pilot Group Monitoring
3. Recommendations
4. Awareness-raising and Engagement
5. Evaluation and Follow-up
8. 1 - Desk-based research
Relevant human rights standards
NHRI methodologies
◦ Monitoring
◦ Participation
Structures required for human rights based
approach to long-term care
Input from Advisory Group
Tools for use by all NHRIs
9. 2 - Monitoring
Pilot Group of NHRIs
◦ Review of legislation, policies, jurisprudence,
recommendations, complaints received
◦ Visits to residential care homes (NPM)
◦ Interviews / focus groups (questionnaires)
Reports on national human rights situation
10. 3 – Conclusions and Recommendations
Collation of national level reports
Identification of trends and conclusions
Elaboration of recommendations to address the
human rights situation identified
Input from Advisory Group
11. 4 – Awareness-raising and Engagement
Awareness-raising
◦ Relevant human rights standards
◦ Human rights based approach
Participation, structures
◦ Conclusions and recommendations
Engagement (national and European level)
◦ Stakeholder meetings
◦ Social policy makers
◦ Service providers
12. 5 – Evaluation / follow-up
Evaluation
Ensure medium to long term impacts
Clarify areas in need of continued work
◦ Training?
◦ Input to OEWG?
◦ Relevance to other regions?
13. Thank you
Debbie Kohner
Secretary General, ENNHRI
ENNHRI@cntr.be
Notas del editor
Thanks to CNDH, and for inviting me to speak on behalf of ENNHRI
Project from European NHRIs to:
Clarify the human rights standards relevant to older persons in long-term care
Collect evidence on the human rights situation of Older Persons in Long-term care, through monitoring by a pilot group
Address concerns arising at a national and European level through introducing human rights to social and health policy
Raise awareness of human rights standards, situation and human rights based approach for older persons, their families, service providers and carers
In European context – although much diversity within Europe, appreciate very different to context in Morocco, South Africa and other examples we have heard about today
Before describing the project,
Explain a bit about NHRIs and ENNHRI, for those not familiar
Contradiction in terms but mechanisms
Control over budget, report to Parliament not government, freedom to address any human rights issues arising
Different types – Ombuds, Commissions, Institutes
All broad mandate – all human rights, C, P, E, S, R
Different functions
Promote – HRE, training, awareness-raising
Protect – investigations, monitoring, complaints handling, advise government and Parliament
Report to international HR mechanisms
Independence, pluralism, impartiality, accountability
Civil society and state
National and International
4 regional networks in ICC – ENNHRI is wider Europe
Mutual learning, peer support, good practices
Working groups of staff experts in different areas of human rights
Sharing of information on HR in various jurisdictions gives idea of systematic human rights abuses across Europe which require a regional response
Important when engaging with international / regional mechanisms – as a network or individually
Most members working on HR of older persons
With individuals – complaints, stakeholder meetings
Addressing structural issues – investigations, research, advising government on policies and Parliament on new laws, reporting to international bodies
Raising awareness
Combination of full range of functions in mutually reinforcing manner
Institutional experience in area
Objectives, content, methodologies, outputs, outcomes
Input from a variety of stakeholders
OEWG
Advisory Group – older persons representatives, OHCHR, CoE, EU
Stakeholder conference
Policy makers (national and European)
Service providers
OP representatives, Academics
International mechanisms
Overarching aim
Improve the human rights situation for older persons in long-term care, with emphasis on residential care
Social and health policy makers – quality of care, tick-box, instead of person-centred participatory approach , focusing on rights and choices of the individual
For older persons and their families, for service providers, care-givers, policy makers and general public
States’ human rights obligations in older persons’ long-term care, whether provided by public or private service providers
Aware that many contextual considerations that cannot be separated from the application of human rights to long-term care
Home care / informal care - And individual older persons’ choices of the care they receive
Financial limitations, especially in context of economic crisis and impacts on public spending
Care staff – migrant women with poor working conditions and little awareness of complaints mechanisms or fear of using them
Not homogenous group – diversity in terms of ethnicity, religion, gender, sexual orientation.
Multiple discrimination
Also age discrimination in terms of difference of treatment between younger persons with disabilities and older persons in long-term care
Many NHRIs IMMs – under article 33(2)
Take into account developments, and also feed into debate through evidence collected
Beginning in January 2015
Dependent on grant being finalized before end of year
Through member surveys, discovered that many NHRIs, despite being HR experts, are not clear on how HR standards apply to older persons in long-term care
No single HR convention
Several different conventions apply, often with different interpretations
Overlapping frameworks in Europe
Luckily, several members have already carried out extensive work on HR standards –
collect, translate, collate
Also collect good practice methodologies for monitoring and awareness raising
Collect techniques for ensuring the participation of older persons, particularly more difficult to reach groups, such as those with limited capacity or Alzeimers
Not only information from NHRIs, also from other stakeholders, including
NGOs, HR mechanisms, jursidprudence, academics
Input from advisory group
Materials for use more widely – and used for next stage of project - monitoring
Representative group of NHRIs from various national contexts and care systems
Each has different functions and local contexts, but all will
Base monitoring on HR standards collected in desk-based research
Have a minimum level of activities in common
Review of national legislation, policy, complaints received, where relevant, follow-up on recommendations,
Investigation in care home – some as NPM (OPCAT), enter without prior announcement (place of detention)
Minimum questions to be included in interviews or focus groups with various stakeholders, including older persons, family members, care givers, service providers
Reports at national level, setting out conclusions on human rights situations and recommendations on how to address this at the national level
ENNHRI Secretariat will collect and translate the national level reports to identify trends that might be relevant across Europe
Not a direct comparison, or ambition to provide an overview of all human rights challenges arising for older persons in long-term care throughout all of Europe
However, use conclusions to elaborate recommendations that could help improve the human rights situation of older persons in long term care
Again, advisory group will provide input to ensure that the conclusions and recommendations are objectively found to be representative of the combination of national reports
Produce awareness raising materials – including in accessible, easy-read format
Relevant human rights standards
- Human rights based approach to care of older persons, including structures required and the necessary participation of older persons themselves in the choice and delivery of their care
Conclusions and recommendations from the project –
showing the human rights situation of older persons in long-term care in Europe
And actions required to address concerns
Engagement with policy makers at national and European level
- In Europe, some competences lie with EU, and so European level engagement is critical
- Stakeholder meetings - national and European level
- Include Service providers, academics, caregivers, older persons representatives
Might seem to be beyond the scope of the project, but want to be sure that impacts of project do not end after 2.5 years
Clarify areas of work required
Perhaps training materials or activities
Perhaps input to OEWG
Perhaps application to other regions –
happy to come back and report at next HRWF!