HRC 57: SRI statement to the Interactive dialogue with the Independent Expert on the rights of older persons

Item 3: Interactive dialogue with the Independent Expert on the rights of older persons

Statement by Akãhatã

Friday 13 September 2024

Thank you, President.

Akãhatã makes this statement on behalf of the Sexual Rights Initiative

We welcome the Independent Expert’s report, its comprehensive analysis of autonomy and its critique of ageist and ableist restrictions to legal capacity and consent often rooted in “seemingly protective” and paternalistic approaches.

We also strongly welcome the reference to the Inter-American Convention on the Rights of Older Persons, because in its comprehensive approach it includes sexual rights. Older persons, including LGBT ones, as well as persons with disabilities are often treated as if they did not have a sexual life. LGBT older persons are discriminated against in residencies and by their families. Their autonomy is frequently violated, including in deciding where and with whom to live and even preventing them from having a sexual life.

We ask the Independent Expert and other mandates to address older persons’ sexuality and sexual rights as part of their autonomy. 

We ask States to include provisions in law and public policies ensuring support rather than protection for older people and persons with disabilities, and preventing the violation of their sexual rights, bodily autonomy, and legal capacity.

Thank you.