This treaty was adopted on June 15, 2015 and entered into force on January 1, 2017 and has been ratified only by some members of the Organization of American States, such as: Argentina, Bolivia, Chile, Colombia, Costa Rica, Eduardo, El Salvador, Peru and Uruguay.

This Convention recognizes the situation of vulnerability experienced by older adults and the obstacles they face in fulfilling the most basic rights.

The treaty defines concepts such as active and healthy aging and recognizes that there is a type of age discrimination in old age, focusing on the unequal treatment of older adults.

This treaty recognizes, among others, special rights such as: dignity in old age; and, a recognition of their independence and autonomy in making decisions throughout their lives.

Likewise, a series of affirmative measures are recognized for the full satisfaction of other civil, political, economic, political and cultural rights, such as: non-discrimination, right to work, right to health, right to recreation, right to housing and access to justice in accordance with the particularities of their condition.  

Particularly, with regard to the right to health, the treaty requires, among other things, to comply with the following:

• Ensure preferential care and universal, equitable and timely access to quality comprehensive health services.

• Promote the development of specialized integrated socio-health services to care for the elderly with diseases that generate dependency, including chronic degenerative diseases, dementia and Alzheimer's disease.

• Strengthen the capacities of health, social and integrated social-health service workers and other actors in relation to the care of the elderly.

• To promote and strengthen research and professional and technical academic training specialized in geriatrics, gerontology and palliative care.

• Guarantee the elderly person the availability of and access to medicines recognized as essential by the World Health Organization, including controlled medicines necessary for palliative care.

The Signatory States of the Convention undertake to foster a positive attitude toward the elderly and to promote their dignified treatment.

The Mexican State will conclude with the deposit of said instrument before the Inter-American Commission on Human Rights, which will be carried out by the Ministry of Foreign Affairs and will enter into force 30 days after the deposit.

At Hogan Lovells, we welcome the adoption of international instruments that broaden the spectrum of human rights protection and provide tools for effective access to human rights for everyone.

We are available and ready to assist you with consultations related to the regulation described above.

Authored by Luis Ernesto Peón Barriga, Cecilia Stahlhut and Montserrat González.