JEAIL > Volume 13(1); 2020 > Article
Research Paper
Published online: May 30, 2020

A Generic Construction of the Right System for Population Ageing: Draft Convention on the Rights of the Elderly

Lin Zhang & Jingjing An
Korea University School of Law, Rm. 435, 145 Anam-ro, Seongbuk-gu, Seoul 02841 Korea.
Corresponding Author: linzhang@

ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License ( which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Although there are many international treaties and conventions offering protection for generic human rights that implicitly refer to older persons, these relevant provisions are scattered, porous and lack of practical operability, which fail to provide explicit, tailored, comprehensive and binding protection to older persons. In addition, there are some soft law provisions that guide the application of law and add to the overall protection of older people. However none of the documents contains legally binding obligations. Therefore, the protection of the rights of the elderly must be formulated as the “hard law” which defines the responsibilities of the state and clarifies the implementation mechanism at the international and domestic level. In other words, a legal system ought to be established to comprehensively protect the rights of the elderly, which is just the Convention on the Rights of the Elderly. This article attempts to present a proposal to create the right system of the Convention, which represents the core of this potential international treaty.

Keywords : Keywords: Right System, Population Ageing, Convention on the Rights of the Elderly, CRE, Construction

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