Mind the gap: Centering women in a convention on the rights of older persons

Abstract

Over the past decade, the movement to reform the international human rights framework and add a new convention on the rights of older persons has gained traction. Calling out the absence of specific measures to address ageism, advocates have argued a new treaty is essential to reduce discrimination against older persons generally. But as the global community takes up consideration of the content of such a convention, it is essential to recognize and address the unique experiences of discrimination women encounter at the intersection of gender and ageing. This paper reviews efforts to address intersectional forms of discrimination against older women within existing human rights mechanisms at international and national levels and concludes they have so far been inadequate to address gendered forms of ageism which disadvantage women of all ages and across diverse fields. Gaps in legal protections for older women as well as the absence of measures targeting gendered ageism impacting women at every age suggest that a new treaty could be a valuable tool. This paper argues that addressing those gaps offers an important opportunity to respond to feminist criticisms of international law and revisit the structural dimensions of gendered inequalities of which gendered ageism is one example. A treaty which takes an expressly gender-sensitive and intersectional approach and centers the voices and experiences of women could do much to advance substantive equality within the human rights system.