Intersection between older persons' right to social protection and their right to work

The present report is submitted by the Independent Expert on the enjoyment of all human rights by older persons, Claudia Mahler, pursuant to Human Rights Council resolution 51/4. The report contains an overview of the activities of the Independent Expert during the reporting period and includes a thematic analysis of the intersection between older persons’ right to social protection and their right to work. The analysis is based on previous work and extensive desk research, as well as 42 written submissions received from States, national human rights institutions, civil society organizations, academics and other stakeholders in response to the call for input published in January 2025.¹ The Independent Expert is grateful to all those who contributed to the preparation of the present report.

1. All submissions are available from https://www.ohchr.org/en/special-procedures/ie-older-persons. ↩

During the reporting period, the Independent Expert visited Malaysia, from 9 to 20 December 2024, and Saudi Arabia, from 20 to 30 April 2025. She expresses her thanks and appreciation to the Governments of those countries for their invitations and for the cooperation extended to her before, during and after her visits, and looks forward to continuing fruitful and constructive dialogues with those two Governments.

During the reporting period, the Independent Expert addressed communications to Governments, jointly with several other special procedure mandate holders, in relation to the human rights of older persons.² She also issued press releases and statements on the International Day of Older Persons in 2024 and on World Elder Abuse Awareness Day in 2025.

2. The communications are available from https://spcommreports.ohchr.org/Tmsearch/TMDocuments. ↩

The Independent Expert participated in several high-level meetings in the context of the General Assembly and the Human Rights Council, including the High-Level Meeting on Ageing in May 2025, several side events, and meetings of the Group of Friends of Older Persons in Geneva and New York. Furthermore, she delivered keynote addresses at a conference on older adults displaced or left behind in conflict or emergencies, organized by Columbia University in Amman and held on 11 to 13 February 2025; a conference on the normative and institutional frameworks for the protection of the human rights of older persons, organized by HelpAge Spain in Madrid and held on 27 March 2025; and a conference on the human rights of older persons in crises, organized by the Erik Castrén Institute in Helsinki and held on 20 to 22 March 2025.

The Independent Expert also met with representatives of United Nations agencies, funds and programmes, including the United Nations Population Fund, the Food and Agriculture Organization of the United Nations, the United Nations Development Programme, the International Labour Organization (ILO) and the World Health Organization (WHO), to raise awareness of the rights of older persons and to ensure their inclusion in the programming of those entities. Until December 2024, the Independent Expert was a member of the Coordination Committee of Special Procedures and attended several meetings in that function.

The Independent Expert also attended the biannual meeting of the Working Group on Ageing and the Human Rights of Older Persons of the Global Alliance of National Human Rights Institutions on 14 March 2025 in Geneva and delivered the keynote address.

The Independent Expert cooperated with civil society organizations, including the Global Alliance for the Rights of Older Persons, and with older persons themselves and their representatives. 1 All submissions are available from https://www.ohchr.org/en/special-procedures/ie-older-persons. 2 The communications are available from https://spcommreports.ohchr.org/Tmsearch/TMDocuments. GE.25-10911 III. Intersection between older persons’ right to social protection and their right to work

In 2010, the Independent Expert on the question of human rights and extreme poverty dedicated her report to the Human Rights Council to the topic of social protection and old-age poverty. According to that report, “establishing or extending social security systems is … first and foremost a duty of States stemming directly from human rights norms and standards”.³

3. A/HRC/14/31, para. 51. ↩

During her country visits, the Independent Expert on the enjoyment of all human rights by older persons has found that access to the labour market and social protection are always among the major issues that arise in conversations both with Governments and with older persons and their representatives. The availability, adequacy and accessibility of social protection measures, and the possibility for older persons to obtain or retain employment, always take a central place in the conversations.⁴

4. For examples from different regions, see A/HRC/54/26/Add.1, paras. 38–48; A/HRC/54/26/Add.2, paras. 29–41; A/HRC/57/42/Add.1, paras. 30–47; and A/HRC/57/42/Add.2, paras. 29–40. ↩

The link between access to the labour market and the enjoyment of social protection is crucial, particularly in countries where a non-contributory minimum social protection, as part of a social protection floor (together with access to healthcare, basic income, etc.), is not available. If social protection is not sufficient to meet the needs of older persons, they will seek options to stay or (re-)enter the labour market, an effort that can be hindered by age limits, ageism or age discrimination, leading many to try to generate an income through self-employment, often in informal settings, giving them few opportunities to contribute to a pension scheme.

Older persons who retire are at high risk of poverty. Their income may decrease due to low or no pensions or social benefits.⁵ The risk of poverty continues increasing beyond retirement age, with persons aged 80 or older facing the highest risk.⁶ Older women are more likely to live in poverty than older men,⁷ particularly in rural or marginalized areas.⁸ Thus, social protection measures play a crucial role in reducing poverty among older persons, in particular those who belong to groups in vulnerable situations.

5. See https://www.un.org/esa/socdev/ageing/documents/PovertyIssuePaperAgeing.pdf. ↩
6. World Social Report 2023: Leaving No One Behind in an Ageing World (United Nations publication, 2023), p. 81. ↩
7. Kati Ahonen and Susan Kuivalainen, “Gender differences in old-age poverty in 14 EU countries: exploring the role of household structure”, International Review of Economics, vol. 71 (2024), p. 628; and Bomikazi Zeka, “Gendered poverty perceptions: how do retired women fare?”, Risks, vol. 10, No. 2 (2022), p. 11. ↩
8. See https://social.desa.un.org/sites/default/files/inline-files/FINAL_WSSD2_Joint UN IAGA Advocacy Brief_Feb2025.pdf. ↩

Social protection is defined by ILO as “the set of policies and programmes designed to reduce and prevent poverty, vulnerability and social exclusion throughout the life cycle”. It includes nine main areas, one of which is old-age benefits. Social protection systems contain a “mix of contributory schemes (social insurance) and non-contributory tax-financed benefits (including social assistance)”.⁹

9. International Labour Organization (ILO), World Social Protection Report 2024–26: Universal Social Protection for Climate Action and a Just Transition (Geneva, 2024), p. 234. See also https://www.ilo.org/topics-and-sectors/social-protection. ↩

The right to social protection is defined in international law. Its basic principles were formulated as early as 1944, in the ILO Declaration concerning the aims and purposes of the International Labour Organization (Declaration of Philadelphia). Along with this declaration, the ILO Income Security Recommendation, 1944 (No. 67), and Medical Care Recommendation, 1944 (No. 69), laid the groundwork for establishing comprehensive social protection systems for all. The Universal Declaration of Human Rights of 1948 was the first international instrument to expressly provide for a human right to social security, in article 22. In article 25, old age is specifically mentioned in relation to social security. The right to social protection was first codified in binding international law in the ILO Social Security (Minimum Standards) Convention, 1952 (No. 102).

In 1966, the International Covenant on Economic, Social and Cultural Rights became the first general human rights treaty to explicitly enshrine the right to social security as a universal human right under international law. Article 9 recognizes the right to social security, while article 10 highlights the protection and assistance that should be provided to families. The Committee on Economic, Social and Cultural Rights has emphasized that the obligation under article 10 to support and protect families includes families with older members, recognizing their role in caring for dependent older persons.¹⁰ Article 11 of the Covenant guarantees the right to an adequate standard of living. The Committee on Economic, Social and Cultural Rights lays down, in its general comment No. 19 (2007), the elements of the right to social security, for example availability, adequacy, and accessibility, including coverage, eligibility, affordability, participation and information, and physical access.¹¹ States Parties should establish social security schemes that provide benefits to older persons, including non-contributory old-age benefits.¹² In its general comment No. 6 (1995), the Committee emphasizes, for articles 6 to 8 of the Covenant, that States Parties must take measures to prevent age-based discrimination in employment, ensure just and favourable working conditions for older workers, support them in preparing for retirement through targeted programmes and uphold their trade union rights even after retirement. Under article 9 of the Covenant, States Parties must ensure comprehensive social security systems.¹³

10. Committee on Economic, Social and Cultural Rights, general comment No. 6 (1995), para. 31. ↩
11. Committee on Economic, Social and Cultural Rights, general comment No. 19 (2007), paras. 11–28. ↩
12. Ibid., para. 15. ↩
13. Committee on Economic, Social and Cultural Rights, general comment No. 6 (1995), paras. 22–30. ↩

The Convention on the Elimination of All Forms of Discrimination against Women guarantees, in article 11 (1) (e), the right of all women to social security on an equal basis with men. Article 14 (2) (c) ensures that rural women have access to social security programmes. According to article 27 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, migrant workers have the right to equal treatment with nationals with regard to social security. The Convention on the Rights of Persons with Disabilities affirms, in article 28, the right of persons with disabilities to an adequate standard of living without discrimination based on disability. It also guarantees their right to social protection, with particular attention paid to older persons with disabilities.

As shown above, multiple human rights instruments protect the right of older persons to social protection, some of them explicitly, but the content of the right remains to be developed in detail,¹⁴ in particular when it comes to older persons in all their diversity. The fact that most international instruments lack an explicit prohibition of age-based discrimination also has an effect on the equal enjoyment of the rights to social protection and to work by older persons. An international legally binding instrument dedicated to the human rights of older persons will offer an opportunity to develop the content of older persons’ rights to social security and to work, and to explicitly ban age-based discrimination in all private and public spheres.

14. See https://www.ohchr.org/en/documents/outcome-documents/ohchr-working-paper-update-2012-analytical-outcome-study-normative. ↩

The ILO Social Security (Minimum Standards) Convention, 1952 (No. 102), guarantees older persons the right to old-age benefits through contributory or non-contributory systems, as outlined in articles 25 to 30, requiring States to provide periodic income support to those who reach a prescribed retirement age. The ILO Invalidity, Old-Age and Survivors’ Benefits Convention, 1967 (No. 128), guarantees the right of older persons to old-age benefits through periodic payments, in articles 14 to 19. It requires States to provide life-long income support from a prescribed age. The ILO Minimum Wage Fixing Convention, 1970 (No. 131), is focused on minimum wage protection and supports older 10 Committee on Economic, Social and Cultural Rights, general comment No. 6 (1995), para. 31. 11 Committee on Economic, Social and Cultural Rights, general comment No. 19 (2007), paras. 11–28. 12 Ibid., para. 15. 13 Committee on Economic, Social and Cultural Rights, general comment No. 6 (1995), paras. 22–30. 14 See https://www.ohchr.org/en/documents/outcome-documents/ohchr-working-paper-update-2012analytical-outcome-study-normative. GE.25-10911 persons’ social protection indirectly by ensuring fair earnings during their working life. By promoting adequate minimum wages (arts. 1–5), it helps workers to accumulate pension entitlements and reduces the risk of poverty in old age. The ILO Social Protection Floors Recommendation, 2012 (No. 202), promotes universal access to social protection. It affirms that older persons must be guaranteed basic income security as part of nationally defined social protection floors, ensuring their right to live in dignity and preventing poverty and social exclusion (paras. 4, 5 (d) and 8). Benefits are to be established by law, regularly reviewed and delivered through inclusive and sustainable systems.

The Madrid International Plan of Action on Ageing, 2002, emphasizes the need for adequate income security and social protection for older persons. It contains a call for the establishment of non-contributory pension schemes and basic social protection for older persons in contexts where existing contributory systems are inadequate or fail to cover the entire ageing population. Ensuring the sustainability, transparency and gender equality of pension and insurance systems is also an objective.¹⁵

15. Report of the Second World Assembly on Ageing, Madrid, 8–12 April 2002 (United Nations publication, 2002), chap. I, resolution 1, annex II, paras. 49–53. ↩

Sustainable Development Goal 1, in particular target 1.3 thereof, underscores the importance of social protection systems for all, including older persons. Ensuring income security in old age is key to reducing poverty and upholding older persons’ right to social protection.

According to the United Nations Principles for Older Persons, older persons should have access to adequate food, water, shelter, clothing and healthcare through the provision of income, family and community support and self-help. The Principles also affirm the right of older persons to engage in meaningful work or income-generating activities and to actively participate in decisions regarding the timing and manner of their retirement from the labour force.

The Inter-American Convention on Protecting the Human Rights of Older Persons guarantees, in article 17, the right to social security. States Parties have to promote the provision of income through social security systems and other social protection mechanisms. Article 17 of the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights states that everyone has the right to special protection in old age, including food, medical care, support under work programmes, and support from organizations working to improve their quality of life.

Article 7 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Older Persons in Africa guarantees the right to social protection, including adequate pensions and other forms of social security, including for persons who did not have the opportunity to contribute to any social security provisions, and access to pensions for all. The African Charter on Human and Peoples’ Rights states that older persons and persons with disabilities are entitled to special protective measures in keeping with their physical or moral needs (art. 18 (4)).

The non-binding recommendation of the Committee of Ministers of the Council of Europe on the promotion of human rights of older persons, of 2014, affirms the right of older persons to an adequate standard of living and full participation in society. States members of the Council of Europe are encouraged to strengthen social protection and to enhance their legal commitments by ratifying or fully adopting the protections for older persons provided for in the European Social Charter.¹⁶ As revised in 1996, the European Social Charter affirms, in article 12, that all workers and their families are entitled to social security. Article 23 of the Charter specifically guarantees the right to social protection for every older person. The European Code of Social Security of 1964 and the Protocol thereto reflect the principles of the ILO Social Security (Minimum Standards) Convention, 1952 (No. 102). The Code guarantees, in article 25, the right to an old-age benefit for older persons who meet certain conditions. Part V of the Code ensures periodic payments to those who have reached a prescribed age and completed a qualifying period of contribution, employment or residence.

16. Recommendation CM/Rec(2014)2, paras. 21–25. ↩

Council of the European Union Directive 2000/78/EC lays down a general framework for combating discrimination in employment and occupation, explicitly referring to age. The Directive is aimed at preventing age-based discrimination in the workplace and training environments. The European Pillar of Social Rights, which is being implemented through an action plan, is aimed at reducing the number of persons facing poverty and social exclusion by at least 15 million compared with 2019 levels. A directive on adequate wages from 2022 serves to help to guarantee fair wages and improve overall living standards throughout the European Union.¹⁷

17. Submission by AGE Platform Europe, p. 2. ↩

The Arab Charter on Human Rights states, in article 36, that all citizens are guaranteed the right to social security, which includes social insurance.

The Association of Southeast Asian Nations Human Rights Declaration guarantees to all persons, in article 30 (1), the right to social security, including social insurance where available, which assists them to secure the means for a dignified existence.

Poverty in old age and older persons’ disadvantages in the enjoyment of social protection are a consequence of discrimination throughout the life course. They do not begin in old age, but have their roots earlier, starting with education and continuing with work. People with lower levels of formal education are more likely to earn less, affecting the resources available to them in old age. Furthermore, the trisection of life into formal education in early years, work in adulthood, and retirement in old age is outdated. A person’s life course is characterized by life-long learning, interruptions or intermissions of employment due to unemployment or for other reasons, and giving or receiving care.

Ageism is one of the main hurdles to longer working lives, with older women being more affected by age discrimination than older men.¹⁸ Ageism is defined as stereotypes, prejudice and/or discriminatory actions or practices against older persons that are based on their chronological age or on a perception that the person is “old”. Ageism has serious effects on older persons’ health and shortens their life expectancy.¹⁹ This means that older persons affected by ageism benefit from social protection measures for a shorter period than others. Older workers facing ageism in the labour market are more likely to retire early and therefore contribute less to pension schemes.²⁰

18. See https://www.un-ilibrary.org/content/papers/10.18356/27083047-21. ↩
19. A/HRC/48/53, paras. 21 and 59. ↩
20. World Health Organization (WHO), Global Report on Ageism (Geneva, 2021), pp. 26 and 27. ↩

Negative stereotypes of and prejudices against older workers are one of the manifestations of ageism in the labour market. The most prevalent negative stereotypes are that older persons have lower skills and capacity to learn, motivation, flexibility, adaptability to new technologies and productivity, are more resistant to change and are harder to train. Therefore, employers see them as having less potential for development, with shorter job tenure and fewer years in which the employer can reap the benefits of training them. They are often perceived as being more costly because they are thought to have higher wages, higher healthcare costs and greater use of benefits, and to be closer to retirement.²¹

21. See https://ageing-better.org.uk/sites/default/files/2018-09/Being-age-friendly-employer-evidence-report.pdf. See also submission by the national human rights institution of Ethiopia, p. 4. ↩

These stereotypes can lead to the decision not to hire older persons, in particular the oldest candidates.²² According to the WHO Global Report on Ageism, older applicants are less likely to be hired and, once employed, are less likely to receive training.²³ Negative stereotypes and ageist assumptions can also be internalized by older persons themselves, which can lead to older persons not applying for jobs, not attending training courses, or 17 Submission by AGE Platform Europe, p. 2. 18 See https://www.un-ilibrary.org/content/papers/10.18356/27083047-21. 19 A/HRC/48/53, paras. 21 and 59. 20 World Health Organization (WHO), Global Report on Ageism (Geneva, 2021), pp. 26 and 27. 21 See https://ageing-better.org.uk/sites/default/files/2018-09/Being-age-friendly-employer-evidencereport.pdf. See also submission by the national human rights institution of Ethiopia, p. 4. 22 Ulrike Fasbender and Mo Wang, “Negative attitudes toward older workers and hiring decisions: testing the moderating role of decision makers’ core self-evaluations”, Frontiers in Psychology, vol. 7 (2017), p. 7. 23 WHO, Global Report on Ageism, pp. 26 and 27. GE.25-10911 retiring prematurely. Some Governments have campaigns to combat ageism in the workplace, reduce these obstacles and ensure inclusion.²⁴

22. Ulrike Fasbender and Mo Wang, “Negative attitudes toward older workers and hiring decisions: testing the moderating role of decision makers’ core self-evaluations”, Frontiers in Psychology, vol. 7 (2017), p. 7. ↩
23. WHO, Global Report on Ageism, pp. 26 and 27. ↩
24. See, e.g., https://travail-emploi.gouv.fr/lancement-dune-grande-initiative-pour-la-valorisation-des-salaries-experimentes#anchor-navigation-677es (in French). ↩

Among Organisation for Economic Co-operation and Development (OECD) countries, Japan has one of the highest rates of older persons participating in the labour force due to a growing labour shortage resulting from a demographic shift. Over 70 per cent of those employed at age 65 or older have non-regular jobs. In many cases, people between 60 and 65 years of age receive reduced wages for the same work. There is also a lack of protection for older workers, who are more susceptible to illness and injury. Without specific legislation on discrimination, older workers face age discrimination in the labour market.²⁵

25. A/HRC/56/55/Add.1, paras. 50 and 51. ↩

Training is an important factor in having a longer working life, as it provides the skills to stay up to date and meet the needs of the labour market. Lack of opportunity to attend training due to ageist assumptions can cause older persons to fall behind in the labour market. This, in turn, can amplify the negative perception that older workers have lower abilities and create a vicious circle.²⁶ In Indonesia, for example, the maximum age to participate in certain job training schemes is 40 years.²⁷ In Brazil, to address this issue, the Manuel Querino Programme for Social and Professional Skills provides training and employment reintegration for older persons.²⁸

26. See https://www.un-ilibrary.org/content/papers/10.18356/27083047-21. ↩
27. Siti Awaliyah, “The effectiveness of anti-discrimination laws for job seekers in Indonesia”, Journal of Law, Policy and Globalization, vol. 51, p. 45. ↩
28. Submission by Brazil, p. 12. ↩

Older persons often want to continue working, contribute to society and the economy with their huge range of skills, and share their experience with younger workers. Many also need to continue working to prevent poverty and maintain an adequate standard of living. In Europe, the main reason for persons aged 50 to 69 years who receive a pension to continue working is to provide a sufficient income.²⁹ Older persons who need to work to secure an adequate income but cannot work or find work, for example because of disabilities or care duties, are at high risk of poverty.³⁰

29. See https://ec.europa.eu/eurostat/databrowser/view/LFSO_12STAYWORK__custom_3149327/bookmark/table?lang=en&bookmarkId=8dc91c2f-ccf7-4b9e-964b-3e2c3f95b9b9. ↩
30. Jim Ogg, “The role of pension policies in preventing old-age exclusion”, in Social Exclusion in Later Life, Kieran Walsh and others, eds., International Perspectives on Aging series, vol. 28 (Cham, Switzerland, 2021), p. 377. ↩

In seeking and retaining employment, older persons encounter different obstacles and challenges. Limited employment opportunities are one example. A consultation conducted by HelpAge International shows that 41 per cent of 306 persons aged 52 to 90 who were interviewed had been denied work because of their age.³¹ In the State of Palestine, younger workers are frequently preferred over older workers.³² In Spain, workers aged 45 or older are more likely to lose their jobs in times of crisis or company reorganization.³³

31. See https://www.helpage.org/silo/files/keeping-our-dignity.pdf. ↩
32. Submission by the State of Palestine, p. 8. ↩
33. See https://www.helpage.es/wp-content/uploads/2022/10/Informe-HelpAge-2022_-La-discriminacion-de-las-personas-mayores-en-el-ambito-laboral.pdf (in Spanish). ↩

Older persons are also needed by the labour market due to the shortage of skilled workers. In El Salvador, the “OportunidadES” programme prioritizes the creation of new jobs and supports the hiring of persons aged 40 or older.³⁴ In Germany, the New Quality of Work Initiative, which tests innovative working methods, has a focus on older persons.³⁵ Singapore provides programmes to support older workers to reskill and upskill.³⁶

34. Submission by El Salvador, p. 2. ↩
35. Submission by Germany, pp. 4 and 5. ↩
36. Submission by Singapore, p. 3. ↩

Data show an age gap in employment rates in Europe: people aged 55 to 59 are less likely to be employed than people aged 35 to 39, with fewer women being employed than 24 See, e.g., https://travail-emploi.gouv.fr/lancement-dune-grande-initiative-pour-la-valorisation-dessalaries-experimentes#anchor-navigation-677es (in French). 25 A/HRC/56/55/Add.1, paras. 50 and 51. 26 See https://www.un-ilibrary.org/content/papers/10.18356/27083047-21. 27 Siti Awaliyah, “The effectiveness of anti-discrimination laws for job seekers in Indonesia”, Journal of Law, Policy and Globalization, vol. 51, p. 45. 28 Submission by Brazil, p. 12. 29 See https://ec.europa.eu/eurostat/databrowser/view/LFSO_12STAYWORK__custom_3149327/bookmark /table?lang=en&bookmarkId=8dc91c2f-ccf7-4b9e-964b-3e2c3f95b9b9. 30 Jim Ogg, “The role of pension policies in preventing old-age exclusion”, in Social Exclusion in Later Life, Kieran Walsh and others, eds., International Perspectives on Aging series, vol. 28 (Cham, Switzerland, 2021), p. 377. 31 See https://www.helpage.org/silo/files/keeping-our-dignity.pdf. 32 Submission by the State of Palestine, p. 8. 33 See https://www.helpage.es/wp-content/uploads/2022/10/Informe-HelpAge-2022_-Ladiscriminacion-de-las-personas-mayores-en-el-ambito-laboral.pdf (in Spanish). 34 Submission by El Salvador, p. 2. 35 Submission by Germany, pp. 4 and 5. 36 Submission by Singapore, p. 3. GE.25-10911 men in both cohorts.37 According to data for 19 European countries, only three in five persons aged 55 to 64 (62.3 per cent) are employed, and the long-term unemployment rate (12 months or longer) is the highest for persons aged 55 to³⁸ 64.38 Across the States members of the European Union, three in five persons (60.4 per cent) aged 55 to 64 are employed, compared with three in four (75.3 per cent) in the age group 25 to 64. Only around half (54 per cent) of women aged 55 to 64 are employed, compared with two thirds (67 per cent) of men in the same age group.³⁹

38. Submission by AGE Platform Europe, pp. 5 and 6; and AGE Platform Europe, Barometer 2023: Empowering Older People in the Labour Market for Sustainable and Quality Working Lives (2023), pp. 6, 7 and 11. ↩
39. See https://ec.europa.eu/eurostat/databrowser/view/LFSA_ERGAN__custom_5329995/default/table?lang=en&page=time:2021. ↩

Digital platforms can also be a hurdle for older persons looking for employment. In Georgia, job seekers aged 60 or older show low engagement on a job-seeking platform provided by the State due to lack of awareness and limited Internet access.⁴⁰ To improve the technological skills of older persons, Austria provides free information technology training for them.⁴¹

40. Submission by the national human rights institution of Georgia, p. 5. ↩
41. Submission by Austria, p. 7. ↩

Globally, more than three quarters of older workers, the majority of them older women, are engaged in informal employment. While the rate of informal employment in each age group declines as a person approaches middle age, it increases again in old age, in particular after statutory retirement age due to the necessity of earning an income.⁴² Because informal employment is often prohibited or excluded from labour regulations, older workers are often denied sufficient legal protection or face barriers when seeking legal remedies,⁴³ and they cannot contribute to pension schemes in the same way as persons in the formal labour market, increasing their risk of poverty after retirement, as they depend on non-contributory schemes.

42. ILO, Women and Men in the Informal Economy: A Statistical Update (Geneva, 2023), p. 36. ↩
43. Submission by Women in Informal Employment: Globalizing and Organizing, p. 2. ↩

Older workers often face age discrimination in the labour market. In a recent survey in Germany, one in three persons aged 65 or older reported having experienced age discrimination, and two in five persons aged 45 or older reported having experienced age discrimination in the labour market.⁴⁴ Job advertisements might contain ageist language or content that is discriminatory on the basis of age.⁴⁵ Certain jobs might be available only for a certain age group, leaving older persons behind.⁴⁶ In addition, older workers beyond retirement age might not be offered the same conditions as others. For example, they might be offered only temporary contracts.⁴⁷

44. See https://www.antidiskriminierungsstelle.de/SharedDocs/downloads/DE/publikationen/Umfragen/20250324-Altersdiskriminierung-Kurzstudie.pdf?__blob=publicationFile&v=3 (in German). ↩
45. Submission by the national human rights institution of Georgia, p. 5. ↩
46. In China, many adverts specify that only persons under 35 years of age will be considered. In India, many public employment vacancies are age-limited. See https://www.economist.com/china/2025/03/20/ageism-is-rampant-in-chinese-companies and https://rozgar.com/blog/age-limit-for-applying-for-government-jobs-for-different-posts. ↩
47. See https://www.age-platform.eu/sites/default/files/The_right_to_work_in_old_age-AGE_Platform_Europe_June2021.pdf. ↩

Age limits in recruitment can constitute age discrimination and prevent older persons from finding employment. Only 71 per cent of high-income countries, 40 per cent of middle-income countries and 22 per cent of low-income countries prohibit age discrimination during the hiring process.⁴⁸ Consequently, older persons are excluded from applying for some job vacancies because of their age.

48. WORLD Policy Analysis Center, “Age discrimination at work”, fact sheet, February 2023, p. 2. ↩

Mandatory retirement ages are a prevalent form of age discrimination and one of the major challenges for older persons in retaining or seeking employment. While some countries, for example Australia, Canada, New Zealand, the United Kingdom of Great Britain 37 See https://unece.org/DAM/pau/age/Policy_briefs/ECE-WG1-30.pdf. 38 Submission by AGE Platform Europe, pp. 5 and 6; and AGE Platform Europe, Barometer 2023: Empowering Older People in the Labour Market for Sustainable and Quality Working Lives (2023), pp. 6, 7 and 11. 39 See https://ec.europa.eu/eurostat/databrowser/view/LFSA_ERGAN__custom_5329995/default/table?lang =en&page=time:2021. 40 Submission by the national human rights institution of Georgia, p. 5. 41 Submission by Austria, p. 7. 42 ILO, Women and Men in the Informal Economy: A Statistical Update (Geneva, 2023), p. 36. 43 Submission by Women in Informal Employment: Globalizing and Organizing, p. 2. 44 See https://www.antidiskriminierungsstelle.de/SharedDocs/downloads/DE/publikationen/Umfragen/2025 0324-Altersdiskriminierung-Kurzstudie.pdf?__blob=publicationFile&v=3 (in German). 45 Submission by the national human rights institution of Georgia, p. 5. 46 In China, many adverts specify that only persons under 35 years of age will be considered. In India, many public employment vacancies are age-limited. See https://www.economist.com/china/2025/03/20/ageism-is-rampant-in-chinese-companies and https://rozgar.com/blog/age-limit-for-applying-for-government-jobs-for-different-posts. 47 See https://www.age-platform.eu/sites/default/files/The_right_to_work_in_old_ageAGE_Platform_Europe_June2021.pdf. 48 WORLD Policy Analysis Center, “Age discrimination at work”, fact sheet, February 2023, p. 2. GE.25-10911 and Northern Ireland and the United States of America, do not have mandatory retirement ages, many others, particularly in Europe, do have them. In the Republic of Moldova, for example, employees can be dismissed when reaching retirement age.⁴⁹ Many countries have earlier retirement ages for women than for men,⁵⁰ with one example being Poland.⁵¹ This constitutes discrimination based on sex and age and, in systems where the pension outcome is related to years of contributions, will have a negative impact on older women’s pensions. In 62 countries, the age at which women can retire with full pension benefits is not the same as for men,⁵² 52 leading to unequal pension outcomes that can disadvantage women over time.

49. A/HRC/57/42/Add.2, para. 38. ↩
50. See https://www.unwomen.org/sites/default/files/Headquarters/Attachments/Sections/Library/Publications/2015/UNwomen-PolicyBrief03-ProtectingWomensIncomeSecurityInOldAge-en.pdf. ↩
51. Submission by the national human rights institution of Poland, p. 5. ↩
52. World Bank, Women, Business and the Law 2024 (Washington, D.C., 2024), p. 36. ↩

Older persons, including those with disabilities, can also struggle to find work due to lack of accessibility, age inclusivity and age diversity in workplaces. Older workers might need work schedule flexibility, job redesign or transfer to a less strenuous job, accessible workplaces, job sharing or reduced working hours, which might not be provided by employers. A good practice for an age-inclusive policy is the menopause policy introduced in 2019 by the television station Channel 4 in the United Kingdom, whereby menopausal employees can request desk fans, quiet and cool rooms, a health assessment, flexible working arrangements, and paid leave if they feel unwell due to menopausal symptoms, including sudden symptoms during the working day.⁵³

53. Vanessa Loh, Kate O’Loughlin and Nate Zettna, “Job design for age-inclusive workplaces”, The Multigenerational Workforce: Managing Age and Gender at Work, Marian Baird, Myra Hamilton and Alison Williams, eds. (Singapore, Palgrave Macmillan, 2024), pp. 160, 167, 170, 171 and 176. ↩

The coronavirus disease (COVID-19) pandemic deepened existing inequalities. In Brazil, for example, 23.7 per cent of older persons experienced a large reduction in or total loss of income. Among older persons who worked before the pandemic, this figure increased to 36.4 per cent.⁵⁴ In Nigeria, the pandemic drove up poverty and made older persons, in particular those living in rural areas and those affected by emergency situations, highly vulnerable to the economic hardships generated by the crisis.⁵⁵

54. Submission by Brazil, p. 5. ↩
55. A/HRC/54/26/Add.1, para. 39. ↩

The impact of environmental degradation affects vulnerable workers the most, an impact that will be exacerbated when those groups of workers (women, migrants, youth, members of Indigenous and tribal peoples, persons in poverty and persons with disabilities, among others) reach old age and their access to retirement pensions is limited.⁵⁶ Climate change also reduces the gross domestic product of countries and the availability of public funds for social protection systems. Pension funds, as influential shareholders, can play a major role in divesting from high-carbon assets to low-carbon assets or influence company policies to reduce the companies’ carbon footprint.⁵⁷

56. See https://www.ilo.org/sites/default/files/wcmsp5/groups/public/@ed_emp/documents/publication/wcms_645572.pdf. ↩
57. ILO, World Social Protection Report 2024–26, pp. 186 and 187. ↩

During natural disasters such as heatwaves, public health advice is to stay indoors, negotiate different working hours, or take time off. However, older persons working in the informal sector often cannot afford to do so, which seriously affects their health.⁵⁸

58. Submission by Amnesty International, p. 7. ↩

The global economic crisis triggered by the COVID-19 pandemic has seriously affected the well-being and income of older persons. In a study covering 10 countries, older persons found fewer income-generating opportunities and, due to the rising costs of daily life, many have spent any savings that they might have had. As social protection measures 49 A/HRC/57/42/Add.2, para. 38. 50 See https://www.unwomen.org/sites/default/files/Headquarters/Attachments/Sections/Library/Publications /2015/UNwomen-PolicyBrief03-ProtectingWomensIncomeSecurityInOldAge-en.pdf. 51 Submission by the national human rights institution of Poland, p. 5. 52 World Bank, Women, Business and the Law 2024 (Washington, D.C., 2024), p. 36. 53 Vanessa Loh, Kate O’Loughlin and Nate Zettna, “Job design for age-inclusive workplaces”, The Multigenerational Workforce: Managing Age and Gender at Work, Marian Baird, Myra Hamilton and Alison Williams, eds. (Singapore, Palgrave Macmillan, 2024), pp. 160, 167, 170, 171 and 176. 54 Submission by Brazil, p. 5. 55 A/HRC/54/26/Add.1, para. 39. 56 See https://www.ilo.org/sites/default/files/wcmsp5/groups/public/@ed_emp/documents/publication/wcms _645572.pdf. 57 ILO, World Social Protection Report 2024–26, pp. 186 and 187. 58 Submission by Amnesty International, p. 7. GE.25-10911 could not meet the basic needs of older persons, they had to rely on support from family members and neighbours.⁵⁹

59. See https://www.helpage.org/wp-content/uploads/2023/06/Things-have-just-gotten-worse_Report.pdf. ↩

Social protection measures must also be sustainable and take into account future demographic and economic shifts. The global population of persons aged 60 years or older has more than doubled since 1995, from 541 million to 1.2 billion in 2025. It is estimated that, in 2050, 2.1 billion people will be older than 59, with most older persons living in developing countries. Life expectancy at birth will be 77.4 years in 2050, four years higher than in 2025. By the mid-2030s, there will be more persons aged 80 or older than infants aged under 1 year.⁶⁰

60. United Nations Inter-Agency Group on Ageing, “Joint advocacy brief”, 10 February 2025, p. 5. ↩

Because people are going to live longer in the future and, therefore, pensions and other social protection measures must be granted for longer periods, more economic resources need to be spent on such measures.⁶¹ Consequently, countries need to mobilize greater resources to finance their social security systems, which leaves more limited resources for short-term adjustments or stimulus, for example during periods of inflation.⁶²

61. Joint submission by the Development Observatory Research Centre and the Faculty of Medicine, University of Costa Rica, p. 5. ↩
62. ILO, World Employment and Social Outlook: Trends 2025 (Geneva, 2025), p. 15. ↩

Out of 222 countries and regions reviewed by ILO, almost all of them (213) offer some kind of periodic old-age pension through at least one pension scheme. Of these 213 countries and regions, 119 offer a mix of contributory and non-contributory schemes, but only 86 have contributory schemes, and eight use non-contributory schemes only.⁶³

63. ILO, World Social Protection Report 2024–26, p. 170. ↩

Pension schemes often provide a fixed amount, which needs to be adapted to consider inflation and increased living costs. However, most pension schemes reviewed by ILO do not have indexation methods to adjust pensions to living costs or inflation. Instead, they use ad hoc adjustments. This endangers the right of older persons to an adequate standard of living,⁶⁴ particularly in the current economic context marked by inflation. Where indexation methods exist, they are often inadequate to cover the rise in living costs.⁶⁵

64. Ibid., pp. 181 and 182. ↩
65. Submission by AGE Platform Europe, pp. 7 and 8. ↩

Social protection systems should be effective in reducing poverty among older persons, but often they are not, for example in The Bahamas.⁶⁶ During different country visits, older persons informed the Independent Expert that old-age allowances are insufficient to reduce poverty because the whole amount is used for medical expenses. In some cases, the allowance is just 10 per cent of the minimum monthly wage.⁶⁷

66. Submission by The Bahamas, p. 3. ↩
67. A/HRC/57/42/Add.1, para. 39. See also A/HRC/54/26/Add.2, para. 33. ↩

Persons with lower incomes tend to enjoy lower social protection through contributory pensions, to be at a higher risk of living in poverty and to have to rely on non-contributory allowances. They must also work longer, which leads to exploitation in the informal sector as they struggle to find work opportunities in the formal labour market.

Social protection schemes should not only reduce poverty among older persons but also meet their essential needs. According to the ILO Social Security (Minimum Standards) Convention, 1952 (No. 102), and Invalidity, Old-Age and Survivors’ Benefits Convention, 1967 (No. 128), pensions should be a minimum of 40 to 45 per cent of prior earnings when a person has contributed to a scheme for at least 30 years. However, ILO research on 233 contributory pension schemes in 137 countries shows that the average pension amount is only 43 per cent of the average wage in those countries, with the minimum amounting to only 32.7 per cent of the minimum wage. The numbers are even more concerning when it comes to tax-financed pensions: based on 100 schemes in 79 countries, the average pension amount is only 27.7 per cent, and the minimum pension amount only 20.4 per cent, of the minimum wage. In 38 countries, the minimum pension amount is below the national poverty line.⁶⁸

68. World Social Protection Report: 2024–26, pp. 180 and 181. ↩

Particularly in the case of low-paid workers and those with interrupted careers, pension levels do not always meet the needs of older persons, in particular older women. The impact is particularly negative on older persons with health issues or disabilities, who are more likely to have high out-of-pocket costs for care and support.⁶⁹

69. AGE Platform Europe, “The right to work in old age: how the EU Employment Framework Directive still leaves older workers behind”, March 2021, p. 9. ↩

The cross-border portability of social protection schemes is of concern for older persons. Migrant workers contributing to pension or other schemes in their host country might face limited exportability of benefits. Migrants, in particular undocumented migrants, might also lack access to the social security system of their destination country and therefore not be able to pay contributions or receive benefits.⁷⁰ In Estonia, foreigners receiving a pension from their home countries that is lower than the Estonian national pension are entitled to receive support up to the amount of the Estonian national pension.⁷¹

70. Robert Holzman and Jaques Wels, “Status and progress of cross border portability of social security benefits”, IZA Institute of Labor Economics, Discussion Paper Series, No. 11481 (April 2018), pp. 12–16. ↩
71. Submission by the national human rights institution of Estonia, p. 7. ↩

Accessibility (a) Coverage

According to the ILO World Social Protection Report 2024–2026, four in five individuals (79.6 per cent) above retirement age worldwide receive a contributory or non-contributory pension, with significant differences across regions and between high-income, upper-middle-income, lower-middle-income and low-income countries. Contributory pensions are received by half of women (49.2 per cent) and two in three men (63.2 per cent) above legal retirement age. When it comes to tax-financed pensions, one in three men (34.2 per cent) and one in four women (26.9 per cent) above retirement age are beneficiaries. It is important to note that the pension amount is often insufficient to meet the needs of older persons, that 165 million persons above retirement age do not receive a pension, and that older persons worldwide still live in poverty while being covered by a social protection scheme.⁷² In Ethiopia, only 7.3 per cent of persons aged 60 or older receive an old-age pension, and only 10 per cent of them are women.⁷³

72. ILO, World Social Protection Report 2024–26, pp. 54, 175–177, 180 and 194. ↩
73. See https://www.helpage.org/silo/files/ethiopia-addressing-the-food-fuel-and-finance-crisis-policy-brief.pdf. ↩

Regarding legal coverage within the working-age population, only two in five persons (39.4 per cent) are covered under a mandatory contributory pension scheme, with women being less likely to be covered than men (32.6 per cent and 46.3 per cent, respectively). Every tenth person (12.0 per cent) is covered by a voluntary contributory pension scheme, while 44.0 per cent have legal coverage under a non-contributory pension scheme. These persons are potentially eligible for pensions upon reaching retirement age.⁷⁴

74. ILO, World Social Protection Report 2024–26, pp. 171–173. ↩

When it comes to effective coverage, only three in five members (58.5 per cent) of the global labour force contribute to a pension scheme. It is notable that only about one third of members of the working-age population (35.0 per cent) contribute to a pension scheme. The percentages are alarmingly low in low-income countries, with only 7.3 per cent of the labour force and 4.8 per cent of the working-age population contributing. As a result, many older persons do not receive a contributory pension when retiring, and are dependent on non-contributory schemes, families, neighbours or charity organizations.⁷⁵ This low coverage in combination with fewer job opportunities beyond retirement age increases the risk of poverty among older persons.⁷⁶

75. Ibid., pp. 173–175. ↩
76. Submission by Jan Marie Fritz (entitled “Mandatory retirement of older adults: notes from Iceland”), p. 5. ↩

Older women in rural areas often lack equal access to resources.⁷⁷ Older persons living in poverty, in particular those who worked in the informal sector or are undocumented, might be completely excluded from any pension system.⁷⁸ Older persons who do not receive allowances or are not entitled to them are often dependent on allowances provided by charity or non-profit organizations.⁷⁹ In El Salvador, the Comprehensive National Council for Older Persons provides shelters for older persons, which offer housing, food and healthcare, including specialized care.⁸⁰

77. General Assembly resolution 76/140, para. 2 (t) ↩
78. A/HRC/54/26/Add.3, para. 39. ↩
79. A/HRC/54/26/Add.2, para. 33. ↩
80. Submission by El Salvador, p. 4. ↩

The requirement for a minimum number of years of contributions to a pension scheme might be a hurdle for older workers who started contributing late in their lives. In Bangladesh, only persons who contributed for at least 10 years are eligible under the new pension system, which might pose a challenge for persons older than 50 years who did not previously contribute.⁸¹ Persons with a frequently interrupted working life might also face difficulties in fulfilling such eligibility requirements for a contributory pension as a result of gaps in their employment history due to disabilities, care duties, childbirth or informal work.⁸²

81. A/HRC/54/26/Add.2, para. 41. ↩
82. Ogg, “The role of pension policies in preventing old-age exclusion”, p. 376. ↩

Although eligible, older persons might not be granted allowances due to limits on the number of beneficiaries as a result of limited budget allocations.⁸³ In the Dominican Republic, a database on older persons, including information on their eligibility to receive a pension, was established, which allows for the identification of the benefits to which older persons are entitled.⁸⁴

83. A/HRC/54/26/Add.2, para. 33. ↩
84. A/HRC/54/26/Add.3, para. 41. ↩

Older persons in different countries told the Independent Expert that they received lower pensions than expected, or that the payments were delayed, without a clear explanation being given. Employers may also fail to make their contributions, and records of individual contributions are sometimes missing or hard to locate.⁸⁵

85. A/HRC/57/42/Add.1, paras. 33 and 39. ↩

Persons with interrupted employment histories, who work informally or who have a low income, in particular women, migrants and persons with disabilities, might not be able to afford to contribute to a public or private contributory pension system. Older persons who are self-employed due to difficulties in access to the formal labour market might also not be able to afford contributions or might be excluded from public pension schemes. To adjust contributions to inflation, several States have increased mandatory pension scheme contribution rates. However, in some cases, this has left workers contributing the larger part, in contravention of the ILO Social Security (Minimum Standards) Convention, 1952 (No. 102), ratified by 68 States, which states that employees should not cover more than 50 per cent of contributions.⁸⁶

86. See https://www.ituc-csi.org/IMG/pdf/adequacy_and_sustainability_of_pension_systems_in_the_context_of_demographic_ageing_en.pdf. ↩

Many older persons do not apply for the social benefits to which they are entitled because they lack information or awareness, particularly in rural areas. When they are aware of the benefits to which they are entitled, they may not apply due to complex administrative procedures and documentation or bureaucratic hurdles.⁸⁷ In several countries, older persons’ 77 General Assembly resolution 76/140, para. 2 (t) 78 A/HRC/54/26/Add.3, para. 39. 79 A/HRC/54/26/Add.2, para. 33. 80 Submission by El Salvador, p. 4. 81 A/HRC/54/26/Add.2, para. 41. 82 Ogg, “The role of pension policies in preventing old-age exclusion”, p. 376. 83 A/HRC/54/26/Add.2, para. 33. 84 A/HRC/54/26/Add.3, para. 41. 85 A/HRC/57/42/Add.1, paras. 33 and 39. 86 See https://www.ituccsi.org/IMG/pdf/adequacy_and_sustainability_of_pension_systems_in_the_context_of_demographic _ageing_en.pdf. 87 Submissions by Droits Devant, pp. 4 and 5; and Gramin Vikas Vigyan Samiti (GRAVIS), p. 4. GE.25-10911 associations or intergenerational self-help clubs at the municipal level raise awareness of human rights and entitlements among older persons.⁸⁸

87. Submissions by Droits Devant, pp. 4 and 5; and Gramin Vikas Vigyan Samiti (GRAVIS), p. 4. ↩
88. Submission by HelpAge International, p. 5. ↩

Older persons might also face difficulties when information on benefits or the application process is only available digitally. In Estonia, only 55 per cent of persons aged 65 to 74 use a computer, and 65 per cent use the Internet.⁸⁹ This risks leaving older persons who lack digital skills, digital devices or access to the Internet behind in the context of access to social protection.

89. Submission by the national human rights institution of Estonia, p. 4. ↩

Older persons also might not apply for social benefits due to shame or stigma, as they are not aware that it is their human right to receive these benefits.

Older persons often face difficulties in access to pensions. Requirements that benefits must be collected in person give rise to travel costs, in particular for older persons living in isolated communities, including older Indigenous persons, who also risk falling victim to robbery or traffic accidents, or they might not be able to collect their benefits due to disability or limited mobility. Benefits that can be withdrawn by bank card simplify the procedure for literate older persons who have an automated teller machine in the vicinity of their domicile, but they risk leaving illiterate older persons or older persons in rural areas behind.⁹⁰ In some countries, older pensioners have to queue for hours, or even days, to collect their allowances.⁹¹ In Peru, boats visit isolated communities near rivers and provide municipal services, including payment of the non-contributory old-age allowance.⁹²

90. A/HRC/57/42/Add.1, paras. 40 and 41. ↩
91. A/HRC/54/26/Add.1, para. 40. ↩
92. A/HRC/57/42/Add.1, para. 42. ↩

In Bangladesh, older persons receive their benefits on a mobile cash transfer application. While this is a good practice for areas with sufficient Internet connection and for older persons in possession of mobile devices and the skills to use them, it risks leaving older persons who are illiterate or have no access to the Internet or mobile devices behind.⁹³ In Kenya, where pension payments can be digitally delivered, digital literacy workshops provide digital skills for older persons and increase awareness.⁹⁴

93. A/HRC/54/26/Add.2, paras. 37–39. ↩
94. Submission by HelpAge International, p. 5. ↩

In her report on the intersection between ageing and gender, the Independent Expert showed that women face discrimination throughout their lives, which affects their enjoyment of the right to social protection as older women.⁹⁵ They participate less in the labour market than men,⁹⁶ and employed women often earn less than men (gender pay gap). In 2023, the gender parity score in 146 countries was almost 68.5 per cent, meaning that women receive only 68.5 cents for every dollar earned by men. The gender parity score stands at 75.0 per cent in Europe, 74.8 per cent in North America, 74.2 per cent in Latin America and the Caribbean, 69.2 per cent in East Asia and the Pacific, 69.1 per cent in Central Asia, 68.4 per cent in sub-Saharan Africa, 63.7 per cent in South Asia, and 61.7 per cent in the Middle East and North Africa.⁹⁷ In Europe, the gender pay gap is the highest for persons aged 55 to 64.⁹⁸ Lower salaries lead to lower contributory pensions, thereby increasing the risk of poverty in old age.

95. A/76/157, paras. 21–35. ↩
96. ILO, World Social Protection Report 2024–26, p. 178. ↩
97. World Economic Forum, Global Gender Gap 2024: Insight Report (Geneva, 2024), pp. 20–27. ↩
98. Submission by AGE Platform Europe, pp. 6 and 9. See also AGE Platform Europe, Barometer 2023, p. 24. ↩

Women are also more likely to work part-time than men, affecting their pension contributions and/or reducing their capacity to save money for later in life. In Europe, 88 Submission by HelpAge International, p. 5. 89 Submission by the national human rights institution of Estonia, p. 4. 90 A/HRC/57/42/Add.1, paras. 40 and 41. 91 A/HRC/54/26/Add.1, para. 40. 92 A/HRC/57/42/Add.1, para. 42. 93 A/HRC/54/26/Add.2, paras. 37–39. 94 Submission by HelpAge International, p. 5. 95 A/76/157, paras. 21–35. 96 ILO, World Social Protection Report 2024–26, p. 178. 97 World Economic Forum, Global Gender Gap 2024: Insight Report (Geneva, 2024), pp. 20–27. 98 Submission by AGE Platform Europe, pp. 6 and 9. See also AGE Platform Europe, Barometer 2023, p. 24. GE.25-10911 32.7 per cent of women aged 55 to 64 work part-time, compared with only 8.6 per cent of men of the same age group.⁹⁹ Women also contribute less often to a pension scheme: while 29.1 per cent of working-age women contribute, 40.9 per cent of working-age men do so.¹⁰⁰

99. See https://ec.europa.eu/eurostat/statistics-explained/index.php?oldid=612325#:~:text=It%20provides%20information%20about%20the%20trends%20in%20part-time,presented%20at%20EU%20level%20and%20by%20EU%20country. ↩
100. ILO, World Social Protection Report 2024–26, p. 178. The percentages are calculated on basis of the global working-age population. ↩

The pensions that older women receive are regularly smaller than they are for men, an effect commonly known as the gender pension gap. Globally, the pension gap is estimated to be 30 to 40 per cent.¹⁰¹ Pension coverage is also lower among women than it is among men. For example, in countries in Latin America and the Caribbean, the old-age coverage of women is less than half of the coverage of men, and in most countries in sub-Saharan Africa, the old-age coverage of women is insignificant. In Egypt and Jordan, men are approximately seven to eight times more likely to receive a pension than women.¹⁰² In Austria, the Transparent Pension Future project raises awareness of the gender pension gap and is aimed at securing women’s economic independence in old age.¹⁰³

101. See https://www.weforum.org/stories/2024/10/what-is-the-gender-pensions-gap-and-what-can-we-do-about-it/. ↩
102. United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women), Progress of the World’s Women 2015–2016: Transforming Economies, Realizing Rights (New York, 2015), pp. 147–149. ↩
103. See https://www.trapez-frauen-pensionen.at/en/. ↩

Women’s employment histories are more frequently interrupted than men’s, due to caregiving responsibilities or childbirth.¹⁰⁴ In Europe, 70 per cent of unpaid informal carers are women, with the highest caregiving prevalence at ages 50 to 64, which contributes to the above-mentioned gender gaps.¹⁰⁵ Globally, on average across 31 countries, older women do 4.3 hours of unpaid care and domestic work per day.¹⁰⁶

104. UN-Women, Progress of the World’s Women 2015–2016, pp. 149 and 150. ↩
105. See https://cdn.who.int/media/docs/librariesprovider2/euro-health-topics/child-health/caregiving-impacts-on-unpaid-informal-carers--health-and-well-being---a-gender-perspective.pdf. ↩
106. Submission by HelpAge International, p. 4. See also Fiona Samuels and others, Between Work and Care: Older Women’s Economic Empowerment (Overseas Development Institute, 2018), pp. 29 and 30. ↩

Older persons with disabilities

Older persons with disabilities face a high risk of poverty. Their expenses are often higher than those of older persons without disabilities due to disability-related costs such as those associated with mobility aids, assistive devices, personal assistance, or lack of accessible transport. Persons with disabilities often contribute less to pension schemes than persons without disabilities due to informal employment and a lower employment rate. As a result, they are often entitled only to non-contributory pensions, if available, and those allowances are frequently lower than those of contributory pensions.¹⁰⁷

107. A/74/186, paras. 39–41. ↩

In some countries, older persons receiving a pension are excluded from disability benefits. Either they are not entitled to receive both old-age and disability benefits at the same time,¹⁰⁸ or disability benefits are available only for those employed or have an age limit.¹⁰⁹ If a disability is acquired in old age, it may be considered a natural aspect of ageing and not a disability.¹¹⁰ In 2020, only 34 per cent of persons with severe disabilities worldwide received disability benefits.111 99 See https://ec.europa.eu/eurostat/statisticsexplained/index.php?oldid=612325#:~:text=It%20provides%20information%20about%20the%20tren ds%20in%20part-time,presented%20at%20EU%20level%20and%20by%20EU%20country. 100 ILO, World Social Protection Report 2024–26, p. 178. The percentages are calculated on basis of the global working-age population. 101 See https://www.weforum.org/stories/2024/10/what-is-the-gender-pensions-gap-and-what-can-we-doabout-it/. 102 United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women), Progress of the World’s Women 2015–2016: Transforming Economies, Realizing Rights (New York, 2015), pp. 147–149. 103 See https://www.trapez-frauen-pensionen.at/en/. 104 UN-Women, Progress of the World’s Women 2015–2016, pp. 149 and 150. 105 See https://cdn.who.int/media/docs/librariesprovider2/euro-health-topics/child-health/caregivingimpacts-on-unpaid-informal-carers--health-and-well-being---a-gender-perspective.pdf. 106 Submission by HelpAge International, p. 4. See also Fiona Samuels and others, Between Work and Care: Older Women’s Economic Empowerment (Overseas Development Institute, 2018), pp. 29 and

108. Submission by the national human rights institution of Georgia, p. 7. ↩
109. See https://www.ssa.gov/disability and https://www.servicesaustralia.gov.au/non-medical-rules-for-disability-support-pension?context=22276. ↩
110. A/74/186, para. 42. ↩

107 A/74/186, paras. 39–41. 108 Submission by the national human rights institution of Georgia, p. 7. 109 See https://www.ssa.gov/disability and https://www.servicesaustralia.gov.au/non-medical-rules-fordisability-support-pension?context=22276. 110 A/74/186, para. 42. 111 A/79/372, para. 13. GE.25-10911

Older Indigenous persons and older persons belonging to ethnic minorities

Older persons belonging to Indigenous Peoples and ethnic minorities, including Sinti and Roma, face difficulties in access to contributory pensions due to low employment rates, which lead to inequalities accumulated over their life course.¹¹² They are more likely to work in the informal labour market and are more likely to rely on non-contributory pension schemes or not have access to any.

112. A/HRC/57/42/Add.2, para. 33. ↩

In most countries, due to the lack of legal recognition of their relationships, same-sex couples are often not allowed access to the employment benefits available to married couples, or they are denied their right to inherit property from their partners. They also often experience tax inequality or lower pensions than heterosexual couples, as well as discrimination in the workplace. In Estonia, 12 per cent of LGBTQI+ persons report discrimination at work or during job searches.¹¹³ Older LGBTQ+ persons are underrepresented in the formal labour market and therefore face limited access to contributory pensions.¹¹⁴

113. Submission by the national human rights institution of Estonia, p. 7. ↩
114. A/HRC/57/42/Add.1, para. 30. ↩

Older refugees often experience limited legal protection and economic resources, added to the disadvantages caused by separation from their families and social networks in their countries of origin. They are often not included in their host country’s national social protection schemes and face restrictions on movement, the latter making it difficult for them to obtain employment or complete administrative processes or medical assessments to have access to pensions in their countries of origin.¹¹⁵

115. See the conference room paper of the Open-ended Working Group on Ageing, entitled “Substantive inputs on the focus area ‘social protection and social security (including social protection floors)’”, 27 March 2019, para. 28, available at https://social.un.org/ageing-working-group/documents/tenth/A_AC.278_2019_CRP.3.pdf. ↩

Older persons in armed conflicts

In armed conflicts, living costs increase and inflation rises, leaving older persons at higher risk of poverty if social protection schemes are not adapted. Older persons in armed conflicts also face difficulties in gaining access to or withdrawing their pensions or using their bank cards.¹¹⁶

116. OHCHR “The human rights situation of older persons in Ukraine in the context of the armed attack by the Russian Federation”, briefing paper, May 2023, paras. 27–38. ↩

Older persons returning to their home country after working abroad may face challenges in access to contributory pensions and therefore are often dependent on non-contributory systems.¹¹⁷ They contribute to the budget of the country through the money that they send to support their extended family, but this does not count as a contribution to the social system. Sending significant proportions of their salaries to their next of kin reduces their own capacity to save money for their retirement and probably leads to a high risk of old-age poverty.

117. A/HRC/57/42/Add.2, para. 33. ↩

Older migrants who are still working abroad are occasionally denied access to the social security system of the host country.

A study in the United Kingdom found that almost one in three migrants aged 65 to 70 years is still working, and that one in five migrants aged 50 or older is self-employed. For nearly half of retired migrants, ill health was a reason to leave work, and one in four migrants aged 50 years or over reported their health to be fair or poor.118 112 A/HRC/57/42/Add.2, para. 33. 113 Submission by the national human rights institution of Estonia, p. 7. 114 A/HRC/57/42/Add.1, para. 30. 115 See the conference room paper of the Open-ended Working Group on Ageing, entitled “Substantive inputs on the focus area ‘social protection and social security (including social protection floors)’”, 27 March 2019, para. 28, available at https://social.un.org/ageing-workinggroup/documents/tenth/A_AC.278_2019_CRP.3.pdf. 116 OHCHR “The human rights situation of older persons in Ukraine in the context of the armed attack by the Russian Federation”, briefing paper, May 2023, paras. 27–38. 117 A/HRC/57/42/Add.2, para. 33. 118 AGE Platform Europe, Barometer 2023, p. 25. GE.25-10911

Older internally displaced persons

Older internally displaced persons and internal migrants are often excluded from social protection schemes because they lack official documentation, or because they need to make claims or can only do so in their “home” district.¹¹⁹

119. See https://www.developmentpathways.co.uk/wp-content/uploads/2018/05/DFAT-Social-exclusion-and-access-to-social-protection-schemes-3.pdf. ↩

Older internally displaced persons living in camps might face difficulties in access to the formal job sector and therefore often work as day labourers, or in other informal sectors, which affects their right to social protection in old age. They reported being discriminated against because of their age when applying for jobs.¹²⁰ Older internally displaced persons interviewed by the Independent Expert reported that they had no access to social protection benefits.¹²¹

120. Submission by Amnesty International, pp. 6–8. ↩
121. A/HRC/54/26/Add.1, para. 68. ↩

Older persons worldwide continue to face serious challenges in the enjoyment of their rights to social protection and to work. Despite international and regional legal frameworks affirming these rights, the lived realities of older persons reveal severe disparities and inequalities, particularly affecting those who face intersecting forms of discrimination, such as older women, persons with disabilities, migrants, Indigenous persons, members of ethnic minorities, LGBTQ+ individuals, refugees, and internally displaced persons.

Throughout the life course, structural inequalities continue to accumulate and manifest their impact in old age. Discrimination in education, formal employment, caregiving, and opportunities to contribute to pension schemes results in older persons lacking income security. The effect of the gender pay gap, unequal caregiving responsibilities and interrupted work history (particularly in the formal sector) leads to smaller or non-existent pensions. The gender pension gap perpetuates the lifelong economic disadvantage of women.

Social protection systems tend to fail to meet the needs of older persons in most countries, with adequacy and accessibility the biggest concerns. Added to major barriers for vulnerable groups, pensions are frequently insufficient to ensure an adequate standard of living, with many older persons relying on family or charity. Indexation mechanisms to adjust pensions in line with inflation are either absent or ineffective.

The labour market continues to systematically discriminate against older persons, with mandatory retirement ages contributing to biases. As a result, many older persons are unable to remain in or re-enter the labour market, even when they wish to do so or must do so to maintain an adequate standard of living.

The Independent Expert would like to stress that social protection is not a form of charity or a privilege but is a human right. Similarly, the choice to work in old age needs to be respected and supported. Ensuring the availability, adequacy and accessibility of social protection systems, and combating ageism in the labour market, are critical to fulfilling States’ human rights obligations. The meaningful participation of older persons in the design, implementation and monitoring of relevant laws and policies is essential.

A paradigm shift is urgently needed to move away from narratives that frame older persons as a burden and instead recognize them as rights holders, contributors and valued members of society. Furthermore, States should acknowledge that older persons are a very diverse age group, and that a one-size-fits-all approach will not work. Only through a rights-based, intersectional and life-course approach to ageing can States ensure dignity, autonomy and equality for all in old age. 119 See https://www.developmentpathways.co.uk/wp-content/uploads/2018/05/DFAT-Social-exclusionand-access-to-social-protection-schemes-3.pdf. 120 Submission by Amnesty International, pp. 6–8. 121 A/HRC/54/26/Add.1, para. 68. GE.25-10911

The Independent Expert makes the recommendations set out below to Governments, as the primary duty bearers, and other stakeholders, including civil society, equality bodies and national human rights institutions, in line with their respective mandates.

States should ratify and implement international human rights treaties with respect to the rights to social protection and to work of older persons and regional conventions and protocols for the protection of the human rights of older persons. The rights to social protection and to work of older persons, and the explicit prohibition of age-based discrimination, should be included in national legal frameworks.

The implementation of existing norms must be strengthened and the remaining gaps closed to ensure the enjoyment of social protection and access to the labour market by older persons on an equal basis with others.

States should develop, finance and implement laws, policies and programmes that ensure that older persons’ social protection and equal access to the labour market are guaranteed.

States should remove any ageist provisions in existing legal frameworks and policies and adopt laws and policies to combat discrimination based on age, particularly with regard to the labour market and access to social protection measures.

States should support efforts to bring about a paradigm shift to ensure that older persons are treated as rights holders and that benefiting from social protection measures is a human right afforded to all older persons.

Following the adoption by the Human Rights Council of its resolution 58/13, by which the Council decided to establish an open-ended intergovernmental working group for the elaboration of a legally binding instrument on the promotion and protection of the human rights of older persons, States should support the development of the international legally binding instrument and ensure that it provides for the right to social protection of older persons, inclusive of all older persons in their full diversity.

States should take additional measures to ensure that older persons in their full diversity enjoy social protection, with particular attention paid to older persons facing intersecting forms of discrimination, including older women, older persons with disabilities, older migrants, older refugees, older internally displaced persons, older Indigenous persons and older LGBTIQ+ persons.

Older women, in particular, should enjoy equal access to social protection, the labour market and pensions to avoid poverty in old age. States should address the gender gaps in employment, wages and pensions.

Work as an informal caregiver should be taken into consideration for the calculation of and participation in contributory pensions. If persons engaged in such work do not manage to contribute, they must have access to adequate non-contributory pensions.

Older persons with disabilities should be guaranteed access to old-age pensions and disability benefits at the same time. States must improve access to the labour market for persons with disabilities.

States should recognize same-sex relationships on an equal basis with others, to guarantee the same tax, property inheritance and pension conditions for LGBTIQ+ persons in old age.

Ageism and age discrimination in and access to the labour market

States should develop measures and programmes to combat ageism and change negative stereotypes of older persons in the labour market. This includes awareness-raising campaigns to improve the image of older workers, highlight their positive contributions to the labour market and promote the benefits of age diversity and inclusiveness, including with regard to older workers with disabilities.

States should fund research to scrutinize ageism in the labour market and its consequences for older persons, in particular on their right to social protection. They should develop and implement measures to empower older workers and to improve their confidence and self-esteem to tackle internalized ageism.

States should encourage employers to create age-inclusive and age-diverse workplaces and provide financial incentives for employers that hire older persons. They should create equal opportunities for older persons to participate in the formal labour market.

Anti-discriminatory laws should be strengthened in order to ensure that older persons are not discriminated against on the basis of their age regarding access to the labour market and to social protection schemes. Practices that are discriminatory on the basis of age, such as age limits in recruitment or mandatory retirement ages, must be abolished, ensuring that older persons can retire at a prescribed age if they wish to do so. States should ensure that older persons who are victims of age-based discrimination in the workplace have access to reporting procedures and adequate remedies and compensation.

States should establish and implement a comprehensive social protection floor, in line with the ILO Social Protection Floors Recommendation, 2012 (No. 202), to guarantee a basic level of income security and access to essential services for all older persons, particularly those in vulnerable situations.

States should ensure that older persons have access to relevant information and access to social protection schemes.

States should establish non-discriminatory contributory social protection systems for all workers, including older workers, and older persons in vulnerable situations.

States should ensure that social protection schemes are sufficient to ensure an adequate standard of living and are adapted to inflation and increasing living costs through indexation methods.