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โครงการศึกษาวิจัยเพื่อจัดท าข้อเสนอแนะนโยบายหรือมาตรการเพื่อคุ้มครองและส่งเสริมสิทธิของผู้สูงอายุ :1111
กรณีการเลือกปฏิบัติในผู้สูงอายุ | xxxv

persons. An Open-end Working Group on Aging (OWGA) was established in 2010 to collect

information on the situations and find the gaps in protecting the human rights of older
persons under the existing international treaties and suggest measures or instruments in
protecting the rights of older persons. At present, there has not been any conclusion to
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present to UN General Assembly. However, the 7 Session of OWGA meetings in 2016 agreed
to have “focal areas” with 14 issues for discussion by the participants in the future sessions.

In each session, two issues will be selected as the focal area for discussion. However, when
considering the 5 principles and 18 rights of older persons from the UN Principles for Older
Persons, the focal areas are consistent with the UN Principles.

For Thailand, the protection of the rights of older persons under the UN Principles
has been well followed before 2003 by stating the protection of the rights of older persons
in the Constitution (1997), establishing the Declaration of Oler Persons (1999) and the
National Older Person Commission (2003) as well as the Older Persons Fund and
Department of Older Persons Activities under the Ministry of Social Development and

Human Security. However, the policy instruments to protect the rights of older persons are
mainly related to social welfare. Under the social welfare policy, the government is the
major welfare provider and the older persons are only welfare receivers due to the public

perception that the older persons are vulnerable and independent. This is not conformed
with the UN Principles on Older Persons, i.e., Principles (1) Autonomy, (2) Participation, (4)
Self-fulfillment, and (5) Dignity.
Suggestion in preparation to ratify the upcoming Convention on the Rights of Older
Persons to the National Human Rights Commission in order to convey to the National Older

Person Commission are as followed:
(1) To amend the laws from the Constitution and the Older Person Act by
including the rights to be independent, to participate, to be taken care of, to be self-fulfilled,

and to have dignity.
(2) To expand the roles of the National Older Person Commission and the scope
of the Older Person Fund to cover the rights of older persons according to the UN Principles.
(3) To establish a social security system up to the international standard.
(4) To provide social welfare system by the relevant government agencies to

provide the programs both for free and for co-payment and to set up concrete criteria for
selecting qualified receivers in order to imitagate the discretionary power of the officials