[Congressional Record Volume 160, Number 118 (Friday, July 25, 2014)]
[Extensions of Remarks]
[Pages E1234-E1235]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         THE CHICAGO DECLARATION ON THE RIGHTS OF OLDER PERSONS

                                  _____
                                 

                       HON. JANICE D. SCHAKOWSKY

                              of illinois

                    in the house of representatives

                         Friday, July 25, 2014

  Ms. SCHAKOWSKY. Mr. Speaker, I rise today to congratulate John 
Marshall Law School in Chicago for spearheading a critical discussion 
about the needs and rights of older persons. Along with Roosevelt 
University in Chicago, John Marshall Law School has led the drafting of 
a model international convention to provide legal protections and 
guarantee human rights for older people. That model convention, the 
Chicago Declaration on the Rights of Older Persons, will be presented 
on August 1 before the 5th Session of the Open-ended Working Group on 
Ageing at the United Nations.
  According to Ralph Ruebner, Associate Dean for Academic Affairs at 
John Marshall and a leader of the effort, ``It is vital that the 
world's aging citizens receive comprehensive legal protections and 
support under international law. This proposed convention will go a 
long way in helping achieve this.'' The drafting of the document 
involved months of work by experts and advocates in Chicago and from 
around the world, including Australia, Canada, Ireland, Israel, Italy, 
Paraguay, and United Kingdom.
  On July 10 & 11, 2014, the 21st Belle R. and Joseph H. Braun Memorial 
Symposium hosted by John Marshall Law School, together with East China 
University of Political Science and Law and Roosevelt University, 
brought elder law and policy experts from around the world to Chicago 
to discuss issues from social protection and income security to 
fighting elder abuse to health care and caregiving.
  As co-chair of the House Democratic Caucus Seniors Task Force, I work 
hard every day to ensure that older Americans can remain productive, 
participate in their communities, and age with dignity. I also know the 
importance of ensuring that ageism and other forms of discrimination 
are addressed and that legal rights are incorporated within a 
comprehensive framework. The Chicago Declaration on the Rights of Older 
Persons embodies those concepts, and I hope that next week's

[[Page E1235]]

meeting in New York furthers movement toward an international 
convention.
  To give a sense of the importance and scope of this initiative, I am 
including Article 1, Purpose and Core Principles, and Article 2, Human 
Rights and Fundamental Freedoms of Older Persons. I encourage my 
colleagues to read them, learn more about the Chicago Declaration, and 
join in the fight to promote the rights of older Americans.
  The following are excerpts from the Chicago Declaration on the Rights 
of Older Persons.


                 Article 1--Purpose and Core Principles

       (a) The purpose of this Declaration is to provide, advance, 
     and promote a basis for the development of a convention on 
     the full and equal enjoyment of all human rights and 
     fundamental freedoms by older persons, and to promote respect 
     for their inherent dignity.
       (b) The principles recognized by this Declaration are:
       1. Respect for inherent dignity;
       2. Respect for individual autonomy, including the freedom 
     to make one's own choices;
       3. Respect for the independence and capabilities of older 
     persons;
       4. Respect for interdependence and caring relationships;
       5. Respect for non-discrimination and equality under law;
       6. Respect for family relationships and intergenerational 
     solidarity;
       7. Respect for full and effective participation and 
     inclusion in society;
       8. Respect for and recognition of older persons as part of 
     human and cultural diversity; and
       9. Respect for aging as an integral and continuous part of 
     life.


   Article 2--Human Rights and Fundamental Freedoms of Older Persons

       Older persons have the following rights and nothing in this 
     Declaration diminishes any greater rights granted to them 
     that may be contained in local, national, regional, or 
     international law.
       (a) Equality, non-discrimination, and equal opportunity: 
     Discrimination against older persons on the basis of age is 
     prohibited.
       (b) Quality of Life
       1. Older persons have the right to the effective enjoyment 
     of the right to life, to live with dignity in old age, and to 
     make decisions about the quality of their lives.
       2. Older persons have the right to support in making 
     decisions regarding their present and future circumstances.
       (c) Liberty
       1. Older persons have a right to liberty and security of 
     person.
       2. Old age should never justify a deprivation of liberty.
       3. Older persons have the right to personal mobility with 
     the greatest possible independence.
       4. Older persons have the right to liberty of movement, 
     freedom to choose their residence, and the right to a 
     nationality.
       (d) Equality Before the Law
       1. Older persons have the right to equality before the law.
       2. Older persons have the right to access to justice on an 
     equal basis with others.
       3. Older persons are equal before the law and are entitled 
     without any discrimination to the equal protection and equal 
     benefits of the law.
       4. Denial of legal capacity on the basis of old age is 
     prohibited.
       5. Older persons have the right to assistance and support 
     in the exercise of their legal capacity.
       (e) Health and Long Term Care
       1. Older persons have the right to the enjoyment of the 
     highest attainable standard of physical and mental health and 
     long term care without discrimination on the basis of age, 
     including access to public health, preventive medicine, 
     palliative care, and rehabilitation.
       2. Older persons have the right to the benefits of 
     scientific progress and health and long term care related 
     research.
       3. Older persons have the right to self-determination in 
     health and long term care related matters and to make such 
     decisions based on informed consent.
       4. Older persons have the right to dignity, privacy, and 
     autonomy in making health and long term care related 
     decisions.
       5. Older persons have the right to express their wishes and 
     preferences regarding future health and long term care 
     related decisions and to have those expressions respected.
       6. Older persons have the right to assistance and support 
     in receiving, understanding, and processing information in 
     making informed health and long term care related decisions.
       (f) Adequate Standard of Living: Older persons have the 
     right to an adequate standard of living, including the right 
     to food, water, clothing, and housing, and to improve their 
     living conditions without discrimination on the basis of age.
       (g) Housing
       1. Older persons have the right to adequate housing.
       2. Older persons have the right to choose on an equal basis 
     with others their place of residence, the persons with whom 
     they may live, and they are not obliged to live in any 
     particular living arrangement.
       3. Older persons have the right to security of tenure free 
     from disproportionate interference.
       (h) Living Independently and Being Included in the 
     Community
       1. Older persons have the right to live independently and 
     to make choices to facilitate their full inclusion and 
     participation in the community.
       2. Older persons have the right to access and choose a 
     range of in-home formal or informal care and other community 
     support services. This includes personal assistance necessary 
     to support independent living and inclusion in the community 
     and to prevent isolation or segregation from the community.
       3. Older persons have the right to community services and 
     facilities that are responsive to their needs.
       4. Older persons have the right to participate fully in all 
     aspects of life, including equal access to the physical 
     environment, transportation, information, communications, 
     technology, and other facilities and services open to the 
     public.
       (i) Education: Older persons have the right to education, 
     training, and life-long learning without discrimination.
       (j) Work and Employment
       1. Older persons have the right to work, including the 
     right to participate in a workforce that is open, inclusive, 
     and accessible to persons of all ages.
       2. Mandatory retirement based on age is prohibited.
       (k) Land and Other Property
       1. Older persons have the following rights without 
     discrimination on the basis of age or gender: to use, own, 
     transfer, inherit, and participate in the redistribution of 
     land and other property.
       2. Older persons have the right to exercise self-
     determination with respect to their property and the right 
     not to be arbitrarily or unlawfully deprived of their 
     property.
       (l) Freedom from Torture or Cruel, Inhuman, or Degrading 
     Treatment or Punishment: Older persons have the right to be 
     free from torture or cruel, inhuman, or degrading treatment 
     or punishment.
       (m) Freedom from Exploitation, Concealment, Violence, 
     Abuse, and Neglect
       1. Older persons have a right to be free from all forms of 
     exploitation, concealment, violence, abuse, and neglect.
       2. Older persons have the right to recovery and 
     reintegration when exploitation, concealment, violence, 
     abuse, or neglect is committed against them.
       3. Older persons have the right to recovery and 
     reintegration in an environment that fosters dignity, health, 
     well-being, self-respect, and autonomy, and is sensitive to 
     self-identification and personhood.
       4. Older persons have the right to be free from medical 
     abuse, including nonconsensual treatment, medication, 
     experimentation, and hospitalization.
       5. Older persons may not be denied medical treatment or 
     have medical treatment limited on the basis of age.
       (n) Freedom of Expression and Access to Information: Older 
     persons have the right to freedom of expression and opinion, 
     including, the freedom to seek, receive, and impart 
     information and ideas on an equal basis with others and 
     through all forms of communication of their choice.
       (o) Freedom of Association: Older persons have the right to 
     freedom of association and to create their own associations.
       (p) Respect for Privacy: Older persons have the right to 
     privacy, in all aspects of their lives, including, in their 
     home, family life, communications, intimacy, health, and 
     financial matters.
       (q) Social Protection: Older persons have the right to 
     social protection, including income security, without 
     discrimination on the basis of age or gender.
       (r) Participation in Social, Political, and Cultural Life
       1. Older persons have the right to participate in cultural 
     life, recreation, leisure, and sport.
       2. Older persons have the right to exercise political 
     rights, including the right to vote, stand for office, and 
     participate in the political process.
       (s) Right to Assistance: Older persons have the right to 
     assistance in exercising the rights in this Declaration.

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