Input on a legally binding instrument on the human rights of older persons
15 May 2026
On 22 April 2026, the Law Council made a submission to the UN Intergovernmental Working Group on older persons regarding a new legally-binding instrument to protect the rights of older persons globally.
In summary, the submission emphasises the Law Council’s longstanding support for such an instrument. It recommends that its provisions be based on principles derived from existing core human rights treaties, but be tailored to older persons’ experiences and needs (with a particular focus on capacity and dignity). As do comparable human rights treaties, it should have appropriate jurisdiction, suitable and contemporary definitions, guarantees of non-discrimination and effective remedies, substantive protections and appropriate implementation/oversight measures. It should also take into account contemporary jurisprudence, given that the last core human rights treaty was adopted decades ago.
In terms of substantive protections, the Law Council recommends at a minimum protection for autonomy, agency and dignity of the individual; freedom from all forms of abuse (including financial abuse); recognition of capacity; equality and non-discrimination in all relevant areas of life; accessibility and affordability of living arrangements and positive measures to combat ageist stereotypes.
The submission notes that a legally-binding instrument could play an important role in the development of Australian law and practice in a number of areas including guardianship and administration schemes, aged care (including to address issues identified by the Royal Commission into Aged Care Quality and Safety) and health care.
The Law Council looks forward to collaborating further on an older persons’ Convention, including by participating in a workshop on this subject organised by the Australian Human Rights Commission and Rights of Older Persons Australia later this month.
Last Updated on 15/05/2026
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