Human rights and
Older people
This information sheet talks about some of the human rights issues relevant to older people in Australia.
It also highlights how a federal Human Rights Act could help deal with these issues.
Which human rights are we talking about?
Human rights are about everyone, and they are very important for older people in Australia. We are all
entitled to the enjoyment of human rights without discrimination of any kind, including discrimination on
the basis of our age.
There are certain human rights and freedoms that are particularly relevant to older people, including the
right to:
an adequate standard of living including access to adequate food, clothing and housing •
the highest possible standard of physical and mental health •
work and fair working conditions •
be safe and free from violence •
be free from cruel, inhuman or degrading treatment •
privacy •
family life. •
What are some of the human rights problems faced by older people in
Australia?
Some of the major human rights problems faced by older people in Australia include:
workplace discrimination – older people may face prejudice when applying for jobs, seeking promotions, •
accessing training or may be harassed in the workplace
balancing paid work with caring responsibilities – older people often care for adult children, •
grandchildren, spouses and/or elderly parents
access to appropriate and adequate aged care facilities and health care •
abuse – including financial, physical and psychological abuse of elderly people •
homelessness, poor living standards and dependency on social security payments •
barriers in accessing government services and other opportunities to participate in community/public •
life.
Older people have identified a range of barriers that prevent their full participation in various
aspects of life. These include: public transport not being linked to key public buildings and services,
requiring people who are less mobile to walk long distances; and barriers in public infrastructure
such as not having chairs in airports for people to be able sit down when taking o shoes to go
through security.
Australian Human Rights Commission, Gender equality: What matters to Australian women and men,
Report on the Sex Discrimination Commissioner’s Community Listening Tour (2008), Chapter 5.
What are the limitations of existing human rights protections for older
people?
There are limited human rights protections for older people at the moment.
If you feel you have been discriminated against because of your age, you can make a complaint to the
Australian Human Rights Commission under the federal Age Discrimination Act 2004 (Cth) (ADA). You
can complain about discrimination in employment, education, accessing accommodation, accessing goods
and services or in the administration of Commonwealth government laws and programs. Alternatively, you
could make a complaint under state or territory anti-discrimination laws.
However, the federal ADA does not protect an older person from age discrimination if it is:
done by a voluntary body – for example when oering membership or providing benefits, facilities and •
services to members
done in direct compliance with certain other laws (this can include aspects of taxation and •
superannuation laws).
Also unlike other anti-discrimination laws, relatives and people who are carers of older people are not
protected from discrimination.
How could we improve human rights protections for older people?
The Australian Human Rights Commission supports a Human Rights Act for Australia.
A Human Rights Act that includes human rights such as the right to adequate housing, health and an
adequate standard of living (commonly known as economic, social and cultural rights) would make a
dierence to the lives of older people in Australia. It would improve the policies, procedures and services
that impact on the daily lives of older people. It could help prevent human rights breaches and could
provide remedies in cases where those breaches occur. It would require our government to examine how
decisions impact on the human rights of older people.
If Australia had a Human Rights Act, it could:
• make the federal Parliament consider how laws impact on
human rights – for example, they would need to consider
whether a change to a law breaches the human rights of
older people
• make the federal government respect human
rights when developing policy – for example, when
developing aged care policies, the government
would have to protect the human rights of older
people, including their right to adequate housing
and health care
• make public servants respect human rights
when making decisions and delivering services
– for example, this could include ensuring that
services are accessible to older people
• provide a range of enforceable remedies where a
government department breached human rights.
Over the longer term, a Human Rights Act would also
be a powerful tool for fostering a stronger human rights
culture within the Australian community by promoting
greater understanding and respect among all people in
Australia.
Older people may
face prejudice when
applying for jobs,
seeking promotions,
accessing training or
may be harassed in the
workplace.
In addition to a Human Rights Act, there is a range of ways in which the human rights of older people could
be better promoted and protected in Australia. For example:
enhanced protection of human rights in the Australian Constitution •
strengthening protections under the ADA •
adoption of an Equality Act (one law including all federal discrimination protections) •
a National Human Rights Action plan, including a focus on the rights of older people in Australia •
a national education campaign, targeted at employers, recruitment agencies and the public, with the aim •
of increasing community awareness about age discrimination.
These and other measures could make a positive dierence to human rights protection.
UK human rights act helps restore dignity and independence to nursing home residents
The United Kingdom has had a Human Rights Act since 1998. The
British Human Rights Institute tells the story of a nursing home
in London that had a practice of routinely placing residents
in special ‘tilt-back’ wheelchairs, regardless of whether
they could walk or not. As a consequence, residents
who were able to walk unaided were stopped from
doing so. This had a severe impact on their ability
to make choices about everyday activities, as
well as their capacity to feed themselves and
use the bathroom. A consultant pointed out to
sta that their failure to consider the dierent
circumstances of individual residents was
contrary to human rights principles. She drew
particular attention to the right to respect for
private life, which emphasises the importance
of dignity and autonomy, and the right not
to be treated in a degrading way. This ‘one-
size-fits-all’ practice was stopped as a result.
Residents who could walk were taken out of the
chairs and encouraged to maintain their walking
skills.
British Institute of Human Rights, The Human
Rights Act – Changing Lives (2
nd
ed, 2008), p 15.
UK human rights act helps reunite a couple who had
been separated after 65 years together
The United Kingdom has had a Human Rights Act since 1998. The British
Human Rights Institute tells the story of a husband and wife who had lived together for over 65
years. He was unable to walk unaided and relied on his wife to help him move around. She was
blind and used her husband as her eyes. They were separated after he fell ill and was moved into a
residential care home. She asked to come with him but was told by the local authority that she did
not fit the criteria. A public campaign launched by the family, supported by the media and various
human rights experts and older people’s organisations, argued that the local authority had breached
the couple’s right to respect for family life. The authority agreed to reverse its decision and oered
the wife a subsidised place so that she could join her husband in the residential care home.
British Institute of Human Rights, The Human Rights Act – Changing Lives (2
nd
ed, 2008), p 14.
Over the longer term, a
Human Rights Act would
also be a powerful tool
for fostering a stronger
human rights culture
within the Australian
community by promoting
greater understanding and
respect among all people
in Australia.
For the full range of information sheets visit: www.humanrights.gov.au/letstalkaboutrights
Where can I find more information about older people and human rights?
Australian Human Rights Commission:
www.humanrights.gov.au/age/index.html