The Right of Older Persons to Work and to Access the Labour Market

By Andrew C. Byrnes, Israel Issi Doron, Nena Georgantzi, Bill Mitchell, Bridget Sleap

This paper was prepared as a submission to the United Nations General Assembly Open-Ended Working Group on Ageing, which is considering the desirability of the development of a new international treaty on the human rights of older persons. The paper explores issues relating to the participation of older persons in the labour market, in particular the barriers to their entry to and continued participation in paid work. It notes that the ‘work’ performed by older persons includes not only paid work in the formal or informal economies, but work that is unremunerated and often goes unrecognised including in national accounts (such as caring and volunteer work).

The paper notes the role that ageism plays in shaping and restricting the participation of older persons in work, and describes the particular challenges and discrimination that older women face in the context of work and obtaining access to the labour market. It also addresses the issue of mandatory retirement ages and whether these are in principle or in practice consistent with the right to equality and non-discrimination and the right to work of older persons. The paper concludes with recommendations as to the normative elements that should be included in any new treaty on the human rights of older persons.

Source: SSRN