As regular readers of this blog will know there are very few occasions when I get the opportunity to be celebratory or even positive these days given the state of things! So, I hope you will excuse the moment of positivity when I highlight that nine days ago (3^rd April) in Geneva, we witnessed a step which many of us thought would never arrive – the United Nations at a meeting of its Human Rights Council voted (by consensus) to begin the process of drafting a new Convention on the Rights of Older Persons.

Some of you might recall that nearly a year ago I had the honour of speaking at the UN session in New York when a vote was taken to take matters to the next step – finally (and nothing happens fast in international diplomacy) we are there! For years – decades, in truth – advocates, campaigners, and older people themselves have called for a binding international instrument that affirms, protects and promotes the human rights of older persons. At last, the voices of those too often consigned to the margins are being centred in a process that could shape global and local policy for generations.

I’ve long argued that the way we treat our elders is the clearest mirror of our moral character as a society. In Scotland, we like to think of ourselves as progressive, fair-minded, and caring. And in many ways, we are. But even here, we cannot escape the creeping ageism that lingers in our systems and structures – the subtle assumptions that older people are passive recipients of care rather than active agents of change; the failure to adequately fund social care; the absence of older voices in decisions that affect their lives.

Some have argued to me that there are enough legal protections and safeguards for our older citizens and that we have protections on gender, on race, on disability etc that cover age. Yes, it is true there are protections, but I earnestly believe that there are gaps in the law which make it possible and perhaps even inevitable that peoples and societies have and will continue to treat older people less favourably and with negative discrimination simply because they are old, and because of the acceptability of ageism tied to a negativity around growing old. So, for those reasons alone we need international and national law to be more robust around older age.

I was reminded of this urgent need when I read a report which came out from Independent Age when the same week as the UN vote they published the first Older People’s Economic Wellbeing Index for Scotland 2024-25.

This is the first edition in an annual series of nationally representative polling designed to deliver further understanding of the financial wellbeing and lives of people in Scotland who are of State Pension age. The results are as they stated ‘concerning, demonstrating the scale of the income, costs and housing pressures faced by older people living in financial hardship, and the actions they are taking when faced with squeezed finances.’ In summary it showed that:

• One in five (19%) older people in Scotland have a household income of under £15,000 a year.
• One in five (21%) older people in Scotland say the State Pension is enough to cover basic living expenses.
• Almost one in three (29%) older people in Scotland have skipped meals in the last 12 months.

‘Some groups are disproportionately impacted – with women, people with caring responsibilities, and people who live with a health condition more likely to have cut back on essentials, have a lower income or more difficulty affording housing costs.

The issue of rising pensioner poverty goes to the heart of the criticality of human rights and the need for governments at national and local levels to take action to protect the rights of older persons and to take measures and mitigations to ensure that these rights are not further eroded and removed.

This report and so much of my own day to day experience of speaking with those who receive care and support in Scotland, who feel that they are treated less favourably because of their age or are limited in career or life opportunity because of age – belies the myth that we protect the rights of older people in Scotland. The first step towards any new Convention has to be the acceptance of the rampant currency and extent of age discrimination in Scotland.  But more positively, what might this UN Convention mean for Scotland? Allow me to dream after a week of spring sunshine!

Firstly, the creation of the Convention has the potential to be a call to action. It is an invitation to reimagine how we see ageing – not as decline, but as a continuing expression of citizenship and contribution. It is a chance to embed into law the principles we espouse in policy: dignity, participation, equality, and independence.

A Convention is not just words on paper – it is a statement of intent. It shapes expectations, guides funding, informs law, and holds governments to account.

But it must be bold. It must be brave. And it must be grounded in the lived realities of older people.

Here are eight of my asks.

1. A Right to dignity in ageing

Not as a nicety, but as a fundamental entitlement. This includes access to high-quality care and support, to autonomy and choice, and to a life free from neglect, abuse and discrimination.

2. A Right to participate

Older persons must not be excluded from political, cultural and social life. Their voices should be at the table – from community decisions to national policy, from the boardroom to the ballot box.

3. A Right to health and wellbeing

Comprehensive, holistic, age-appropriate health and social care services must be guaranteed, including mental health support, palliative care, and rehabilitation.

4. A Right to lifelong learning and employment

The Convention must challenge the arbitrary cut-off points that deny older people the chance to work, learn, volunteer, or contribute. Age must not be a barrier to opportunity. We must tackle and penalise those who use the workplace to discriminate.

5. A Right to protection from ageism

Explicit recognition of ageism as a form of discrimination is essential. We must name it to challenge it. The Convention should enshrine protections in law and promote public awareness campaigns across Scotland and the globe.

6. A Right to adequate income and social protection

Older persons must be protected from poverty through fair pensions and access to benefits. No one should grow old in fear of being forgotten or impoverished.

7. A Right to home and community

The ability to remain in one’s community, in accessible and safe housing, must be guaranteed. This includes access to digital infrastructure and transport.

8. A Right to digital and technological inclusion.

In the rapidly changing world of technology and data it is critical that older persons are able to exercise their full rights of inclusion, participation and empowerment to control rather than be controlled by technologies.

Scotland has an opportunity – actually if truth be told a responsibility – to lead in this space. We already talk of a human rights-based approach to social care, of embedding PANEL and FAIR principles, of shifting from transaction to transformation. But these aspirations must now find foundation in international law and local practice.

But heaven forfend we wait another decade for pen to touch paper – we cannot and should not wait for the ink to dry on the Convention. We should begin living its principles now.

So, let’s dream truth into action and let our nation and communities be known not just as a place where people live longer – but where people live better, with rights respected and voices heard, from the first day to the last.

Donald Macaskill