This timely book presents a considered analysis of age discrimination provisions and outlines constructive guidance as to how they might be reformed. It highlights the prevalence of age discrimination for all age groups but especially against older persons, demonstrating the importance of effective legal protection for this cohort - especially when age discrimination intersects with other grounds.
Helen Meenan and Christa Tobler bring together expert scholars and legal practitioners to critically analyse how older persons are protected from age discrimination in legal frameworks internationally, regionally and nationally, appraising strengths and weaknesses in each system. In addition, the contributors to this volume include unique office-holders who enable the voices of older people to be heard. By critically examining where protection from age discrimination is now, where it needs to go and how best to arrive there, the authors highlight that protection from age-based prejudices is crucial to the full enjoyment of all human rights by older people. This book allows age discrimination to be appraised from varied yet complementary perspectives, reinforcing the importance of protecting victims of all backgrounds from age-based discrimination.
This book is an essential tool for students and academics in fields such as human rights, employment law, discrimination law and gerontology. Its practical approach will also greatly benefit health and social protection researchers, law makers and policymakers, as well as NGOs, human rights institutions and organisations, and care institutions interested in tackling systemic ageism and protecting older persons from age discrimination.
Contents
Foreword xiii
1 Introduction: Realising Protection from Age Discrimination:
International, Regional, and National Perspectives 1
Helen Meenan and Christa Tobler
PART I INTERNATIONAL AND REGIONAL CHALLENGES
AND PERSPECTIVES: TIME FOR ACTION
2 The struggle for equality, freedom and visibility: the
campaign to achieve a new United Nations treaty on the
human rights of older persons 24
Andrew Byrnes
3 Unveiling age discrimination: a global perspective through
the lens of the UN Independent Expert 55
Claudia Mahler
4 Legal protection of the rights of older persons: progress and
perspectives from the African regional system 74
Danwood M. Chirwa and Lilian Chenwi
5 Europe ‘unsung hero’ or ‘also ran’: perspectives on age
discrimination from the European Union and the Council of
Europe 93
Helen Meenan
PART II THE LIVED EXPERIENCE OF OLDER PERSONS
AND PRACTICAL CHALLENGES: PERSPECTIVES
FROM AN OLDER PEOPLE’S COMMISSIONER, A
NATIONAL HUMAN RIGHTS INSTITUTION AND
AGE DISCRIMINATION OUTSIDE EMPLOYMENT
6 Challenges and perspectives on age discrimination from the
Older People’s Commissioner for Wales 127
Heléna Herklots
7 The role of national human rights institutions in combating
age discrimination: from the perspective of the Commissioner
for Human Rights of Poland 148
Anna Chabiera
8 Challenges and perspectives on age discrimination outside
employment in the European Union with a spotlight on Ireland 166
Elaine Dewhurst
9 Advancing equality for older persons in the provision of
goods and services: drawing on the Australian experience 189
Therese MacDermott
PART III CRITICAL OVERVIEW OF AGE DISCRIMINATION
IN NATIONAL JURISDICTIONS
10 Age discrimination law in Australia: challenges in realising
protection from age discrimination 210
Alysia Blackham
11 Age discrimination: current and future issues in Japanese
labour law 231
Ryoko Sakuraba
12 The United Kingdom legislation on age discrimination 252
Declan O’Dempsey
13 Age discrimination law in Canada: a challenging way forward 276
Pnina Alon-Shenker
14 Second class no longer: recognizing freedom from ageism as
a fundamental right in the US 294
Laurie A. McCann and Cathy Ventrell-Monsees
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