Irish groups can have input into new UN treaty on older persons

Opportunities to feed back on major policy initiatives that could change the face of ageing don't come along very often — we must seize this one and use it 

The growing cohort of older persons has caused moral panic — what to do with the growing population of older persons and how to fund services with a declining working population.

The United Nations has just concluded its first session to draft a new treaty on the rights of older persons in Geneva. When adopted, this will have profound implications for the future of law and policy as it affects older persons in Ireland. 

It is entirely conceivable the EU will also ratify this treaty, which means EU law and policy will also have to adapt accordingly.

For the past number of years, commentators have pointed out the growing cohort of older persons in most countries. In some respects, this has caused moral panic — what to do with the growing population of older persons and how to fund services with a declining working population. However, this is not the reason — or not the main reason — why a treaty is needed.

We have become inured to the idea that all human rights are universal and enjoyed by all equally. This is a high aspiration. But it bumps up against reality. Many groups have had their humanity discounted. 

Ageism — something common around the world — works to discount the humanity of older persons. It is simply assumed they do not want to, or cannot, exercise their fundamental rights — rights they do not lose because of age. 

This affects the full spread of rights, but particularly rights that enable us to continue to make our own way in the world. This would include the right to make our own decisions (with support if needed), the right to live independently and in the community, and the right to services that enable this to happen. That will require a transformation of the service landscape.

Gerard Quinn: 'If the EU ultimately ratifies this treaty, then potentially its funding streams can be used to foster innovation, especially with respect to the ending of institutionalisation.'

During covid, then taoiseach Leo Varadkar mused Ireland may need a de-institutionalisation programme for older persons similar to that for persons with disabilities. Uppermost in his mind were the high rates of deaths in institutions such as nursing homes. He was right.

In July 2025, then foreign affairs minister Simon Harris answered a parliamentary question about the Government's attitude toward the prospect of a new treaty. His answer was quite positive. He pointed out Ireland co-sponsored the resolution in the UN Human Rights Commission that commenced the process, and voiced strong support for the process. It will be interesting to track the input of Ireland to the process.

A European regional conference has already been held in Brussels preparing for the process. If the EU ultimately ratifies this treaty, then potentially its funding streams can be used to foster innovation, especially with respect to the ending of institutionalisation. That would dramatically change the imagination shown in policies on ageing across Europe.

The Global Alliance for the Rights of Older Persons has recently issued a thematic paper setting out themes, principles and possible provisions for a new treaty. This should be consulted by anyone interested in the process. 

And it seems the process itself will be quite open. Groups in Ireland who are interested could register with the UN and thus have a voice in this process: Inter Governmental Working Group on Older Persons. 

So a group of older persons in Cork interested in de-institutionalisation can have as much say as the institutions themselves. This is very welcome, and people are encouraged to make use of their opportunities. A process like this does not happen often. And, if done right, could prove transformational. It is certainly long overdue.

• Gerard Quinn is professor emeritus at the School of Law, University of Galway