Rethinking systems for longer lives requires South Africa to examine whether its health services, social protection, care arrangements and justice institutions respond effectively to the realities of ageing. It requires accessible services, adequate resources, protection from abuse and practical measures that enable older persons to live safely and exercise their rights.

This message resonates with global outcries that governments must translate their calls for older persons to be protected, cared for, treated with dignity, given opportunities to contribute to society into tangible actions.

Advancing a convention on the rights of older persons

National Human Rights Institutions are calling for a dedicated, legally binding international convention on the human rights of older persons. The Global National Human Rights Institution (GANHRI) and its members are contributing to the United Nations process to develop this instrument.

The Commission through the office of Commissioner Khwinana supports this call. A convention would strengthen the international framework for addressing age discrimination, violence, abuse, neglect and exclusion, while advancing autonomy, participation and access to justice. Older persons must participate meaningfully in its development.

The ongoing treaty process must be accompanied by action at home. South Africa must give practical effect to existing constitutional protections while contributing to stronger international standards.

The Commission, guided by its constitutional mandate, ensures that challenges confronting older persons such as sexual and physical violence, psychological abuse, financial exploitation, neglect and intimidation, barriers relating to transport are addressed. Justice must be accessible, timely and responsive, with effective protection and support throughout the process.

In addition, the Commission has constituted a Section 11 Committee on older person to provide an advisory role to ensure that all issues affecting older persons are brought to the fore, deliberated and tangible solutions are found and implemented.

Equality and dignity must be experienced in everyday life

Section 9 of the Constitution of the Republic of South Africa guarantees equality before the law and equal protection and benefit of the law. It also prohibits unfair discrimination, including on the grounds of age. Section 10 recognises everyone’s inherent dignity and requires that dignity to be respected and protected. Sections 11 and 12 protect life and freedom and security of the person, including freedom from violence from public or private sources.

These protections must be reflected in the treatment older persons receive at police stations, courts, clinics, care facilities and in their homes. No older person should have a complaint dismissed because of their age, be humiliated when seeking assistance, or be denied the opportunity to make decisions about their own life.

The justice inquiry must bring older persons’ experiences into focus

This commemoration takes place while the SAHRC, the Commission for Gender Equality and the CRL Rights Commission are undertaking a Joint National Inquiry into the criminal justice system’s response to Gender-based violence and femicide (GBVF). The SAHRC has ensured that GBVF related challenges facing older persons are at the centre of the inquiry.

Duty bearers must fulfil their responsibilities

The SAHRC calls on all stakeholders, particularly institutions entrusted with protecting older persons’ rights, to fulfil their mandates with urgency. They must not abdicate their duties.

The Commission calls for:

• The Department of Social Development (DSD) to strengthen prevention of elder abuse, accessible psychosocial support, safe care services, oversight of care facilities and social security.
• The South African Police Service (SAPS) to respond promptly and respectfully to complaints, investigate thoroughly, enforce protective measures and keep survivors informed.
• The National Prosecuting Authority (NPA) to ensure diligent prosecution, effective coordination with investigators and appropriate support for older complainants and witnesses.
• The Department of Justice and Constitutional Development (DOJ&CD) to strengthen accessible court services, assistance with protection orders and measures that prevent secondary victimisation.

These institutions must coordinate their work, allocate resources and account for results. Families, communities, care providers and civil society must also challenge ageism, report abuse and support older persons’ autonomy.

The Commission further calls for older persons and their representative organisations to be included in the design, implementation and monitoring of services. Decisions about longer lives must be informed by those living them. Older persons deserve safety, dignity and justice today. Younger generations deserve the opportunity to grow old.