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Europe is ageing. However, in many European countries, and in almost all fields of life, older persons experience discrimination, social exclusion, and negative stereotypes that portray them as different or a burden to society. This pivotal book is the first of its kind, providing a rich and diverse analysis of the inter-relationships between ageing, ageism and law within Europe.
This open access book provides a comprehensive perspective on the concept of ageism, its origins, the manifestation and consequences of ageism, as well as ways to respond to and research ageism. The book represents a collaborative effort of researchers from over 20 countries and a variety of disciplines, including, psychology, sociology, gerontology, geriatrics, pharmacology, law, geography, design, engineering, policy and media studies. The contributors have collaborated to produce a truly stimulating and educating book on ageism which brings a clear overview of the state of the art in the field. The book serves as a catalyst to generate research, policy and public interest in the field of ageism and to reconstruct the image of old age and will be of interest to researchers and students in gerontology and geriatrics.
All over the world, there is a growing interest in the relationship between law and aging: How does the law influence the lives of older people? Can rights, advocacy and representation advance the social position of the aged and combat ageism? What are the new and cutting-edge frontiers in the field of elder law? Should there be a new international human rights convention in this field? These are only a few of the many questions that arise. This book attempts to answer some of these questions and to set the agenda for the future development of elder law across the globe. Taking into account existing research and knowledge, leading scholars from different continents (North America, Europe, Asia, and Australia) present in this book original and novel ideas regarding the future development of elder law. These ideas touch upon key topics such as elder guardianship, citizenship, mental capacity, elder abuse, human rights and international law, family relationships, age discrimination, and the right to die. This book can thus serve as an important reference work for all those interested in understanding where law and aging are headed, and for those concerned about the future legal rights of older persons.
This book is about trying to answer questions. These questions were well introduced by Prof. Margaret Hall in the opening of her chapter in this book: “The fundamental idea of ‘law and aging’ as a discrete category of legal principle and theory is controversial: how and why are ‘older adults’ or ‘seniors’ or ‘elders’ (the very terminology is controversial and fraught with difficulties) a discrete and distinct group for whom ‘special’ legal thought and treatment is justified? For some, a category of law and aging is inherently paternalistic, suggesting that older persons are, like children, especially in need of the protection of the law. In this sense, the argument continues, the category itself internalizes ageist presumptions about older adults and is therefore inherently flawed and even harmful. If certain older adults are, because of physical or mental infirmities, genuinely in need of an enhanced level of legal protection, this entitlement should be conceptualized in terms of their disability; older adults are not a distinct group but an arbitrarily delineated demographic category which contains within it any number of groups that are legitimately distinct for the purposes of legal theory (the di- bled; women; persons of colour; Aboriginal persons; rich and poor; etc.) Indeed, the arti- cial category of “older adults” may be seen as obfuscating, submerging these more meaningful distinctions.
Whilst workers' organizations and third-party analysts around the world commonly cite age as the most prevalent form of discrimination in the workplace, age discrimination has not had the same high profile as discrimination on grounds of sex or race. This book allows readers to better understand the issue of ageism and inequality. It examines the primary role of legislation and court process in combating age discrimination at both national and international levels. Including the role of NAFTA and the EU in this respect, it also provides a detailed examination of the relationship between age issues and the law, and will be an important resource for those involved in age discrimination and elder rights.
For baby boomers, senior citizens, gerontologists, and students of aging and the justice system, Howard Eglit's trenchant discussion of the intersection of aging Americans with the U.S. legal system illuminates the consequences of a pervasive bias in contemporary society. America's ballooning older population is well documented. Couple this demographic tidal wave with the legal system, Eglit says, and the inescapable conclusion follows that the matrix of laws, regulations, judicial rulings, and governmental policy issues will affect more and more older people. Were age an innocuous factor in society, this proposition would merit little note. But, he says, "The fact is that age matters. And often negatively so." It matters in the ways that young jurors assess the credibility of older litigants and witnesses. It matters for fashioning the attitudes that older jurors bring into the jury room. It matters for attorneys who deal with older clients and for judges, lawyers, and jurors who must respond to older lawyers. Embedded in American culture, age bias generally works to the detriment of older men and women, and this is dramatically true for individuals caught up in the legal system. Elders on Trial examines the role that age plays in the legal process; more than that, it offers solutions and guides for mitigating the myriad negative aspects of that role. With its concern for human interactions and responses, rather than matters of infrastructure or formal legislative enterprise, the book offers a timely consideration of an urgent challenge faced by American society.
This book provides a comprehensive human rights analysis of key areas of law affecting older persons, including legal capacity; elder abuse; accommodation and aged care; healthcare; employment; financial security, retirement, and estate planning; and social and cultural participation. The research identifies individual autonomy and participation in decision-making as fundamental to a human rights-based approach to elder law. The book argues that a paradigm shift must occur away from traditional medical and charity-based understandings of ‘old age’ to instead acknowledge older persons as active holders of enforceable rights. The book argues that a Convention on the Rights of Older Persons is an essential tool in achieving this, but that even without a dedicated treaty there is much to be gained from a human rights-based approach. Significantly, because the issues arising in ‘old age’ are often the culmination of experiences occurring throughout the life course, a human rights-based approach to elder law must begin with a commitment to human rights for people of all ages.
Age Discrimination looks at how both young and old can be penalised by prejudice against their age group. Following recent changes in the law, the issue of age discrimination has come to the fore. The new legislation will extend legal oversight of age-related discrimination to the provision of facilities, goods and services, as well as employment. Professor Sargeant provides a thorough review of the consequences of these changes and their implications for businesses and service providers, public or private. This comprehensive new book, like its predecessor Age Discrimination in Employment, is essential to practitioners responsible for HR issues, finance, operations, service delivery, quality and customer relations, and for those with a policy focus or academic interest in diversity issues.
This book explores the intersecting issues relating the phenomenon of ageing to gender and family law. The latter has tended to focus mainly on family life in young and middle age; and, indeed, the issues of childhood and parenting are key in many family law texts. Family life for older members has, then, been largely neglected; addressing this neglect, the current volume explores how the issues which might be important for younger people are not necessarily the same as those for older people. The significance of family, the nature of family life, and the understanding of self in terms of one’s relationships, tend to change over the life course. For example, the state may play an increasing role in the lives of older people – as access to services, involvement in work and the community, the ability to live independently, and to form or maintain caring relationships, are all impacted by law and policy. This collection therefore challenges the standard models of family life and family law that have been developed within a child/parent-centred paradigm, and which may require rethinking in the turn to family life in old age. Interdisciplinary in its scope and orientation, this book will appeal not just to academic family lawyers and students interested in issues around family law, ageing, gender, and care; but also to sociologists and ethicists working in these areas.
Essays on the emerging legal issues surrounding age discrimination and moves to create equality in the EU and UK.