Published on: 2026-09-09
Source: United Nations
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September 9, 2026 Human Rights
The world’s population is rapidly aging, and cognitive impairments are becoming increasingly common. This was stated by independent expert on the rights of older persons Zvezdan Pirtosek while presenting his report at the 63rd session of the UN Human Rights Council.
His focus was on the problem of protecting the rights of those who faced age-related changes in brain function. However, society still perceives old age almost exclusively through the lens of helplessness and decline. This approach not only distorts attitudes towards the elderly but also subtly forms lowered standards of care and social service work.
Pirtoshek stated that his main task was to understand what happens to human rights when a person’s cognitive functions decline, and society responds with “ageism,” that is, discrimination based on age. Often, a medical diagnosis becomes more important than the patient themselves, and those around write the person off and make all decisions for them.
As a neurologist with many years of experience, Pirtoshek emphasized: changes in brain function and the fading of personality are far from the same thing. Even when losing the ability to articulate thoughts clearly, a person retains their values, habits, and lifestyle.
“Cognitive impairments do not diminish a person’s dignity, do not deprive them of agency, and do not negate their fundamental rights,” said the expert.
This legal issue arises when a medical diagnosis is used as a pretext to declare a person incapacitated, notes Pirtoshek. If an elderly person has difficulty speaking, it does not mean that they cannot express their consent or refusal.
International standards enshrine equality before the law, respect for a person’s will, and their right to choose. The expert emphasized that the universality of human rights undergoes its main test of strength precisely when protecting them becomes difficult.
© Unsplash/D. Franco Even after losing the ability to clearly articulate thoughts, a person retains their values, habits, and lifestyle, according to an expert.
“Human rights do not lose their universality because their implementation becomes a more complex task. On the contrary, it is precisely in such moments that universality is especially important,” the rapporteur stated.
He also noted that autonomy is often confused with complete self-sufficiency; however, none of us live in absolute isolation. The task of relatives and specialists is not to make decisions for the person, but to create conditions under which he can manage his own life.
Such support may require more time and patience. Sometimes the wishes of an elderly person may be expressed through a look or a gesture. Everyday choices – where to live, whom to interact with, and how to spend the day – shape human life.
Care for the elderly should not rely solely on the goodwill of relatives or caregivers, says Pirtoshek. Family plays a huge role, but this does not absolve the state of responsibility, which is obliged to enshrine guarantees of their protection at the legislative level.
“Medical care and the long-term care system should be built around the person themselves, not around their diagnosis. And their effectiveness should be evaluated not only by clinical indicators but also by whether the person has retained the ability to influence their life,” the expert said.
Pirtoshek called on countries to review laws that discriminate against citizens based on age or diagnosis. Effective measures against stigmatization must be taken so that the need for care never becomes a reason to negate human rights, he emphasized.
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