
Realising Protection from Age Discrimination
International, Regional, and National Perspectives
Edward Elgar Publishing
Published on 12. August 2025
Book
Hardback
334 pages
978-1-0353-4180-1 (ISBN)
Description
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.
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.
Reviews / Votes
'Ageism in later life is a major, often overlooked issue in legal studies. This book addresses this gap offering insights from academics, policy experts, and practitioners from global, regional, and national viewpoints. In addition to looking at current legal protections, it makes a unique contribution to the growing field of human rights of older persons by calling for legal change. This book is an essential tool for anyone interested in advancing age equality.' -- Nena Georgantzi, University of Galway, Ireland, and AGE Platform Europe 'This book is an indispensable resource for anyone seeking to understand the intersection of law, society, and ageing. It explores critical issues, such as international rights and specialized legal services and offers insightful analysis and thought-provoking perspectives on the challenges and opportunities faced by older individuals in various legal and societal contexts.' -- Titti Mattsson, Lund University, Sweden 'Human rights are supposed to be universal. Yet 850 million older people in the world routinely have their humanity discounted. It seems that humanity - and the rights that attach to humanity - diminishes with age. Severely affected are the rights to autonomy, choice (legal capacity), independence, community living and economic engagement not to mention physical and mental integrity. This book peels away the many ageist layers of law and policy that entomb older people. It lays the groundwork for new law and policy to set the mind, body and soul free. It vividly demonstrates why a new United Nations Convention on the rights of older persons is both necessary and long overdue. It reminds us that universal human rights are just that - rights that honour personhood regardless of chronological age. Compiled by eminent thought leaders in the field, it is essential reading to anyone interested in making rights real for one of the world's largest minorities.' -- Gerard Quinn, Raoul Wallenberg Institute, Lund University, Sweden 'This is an important work on the law's approach to the problem of age discrimination, including discrimination in and outside of employment, with essays from leading scholars from Africa, Asia, Australia, Europe and North America, covering international law, regional law, and national law. The book is particularly timely as the UN moves forward, after 15 years of study, to determine whether to adopt a Convention on the Rights of Older People. Readers will appreciate the breadth and depth of the coverage, and the intersectional approach.' -- David B. Oppenheimer, University of California, Berkeley, USAMore details
Series
Language
English
Place of publication
Cheltenham
United Kingdom
Target group
Professional and scholarly
Dimensions
Height: 234 mm
Width: 156 mm
ISBN-13
978-1-0353-4180-1 (9781035341801)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Persons
Edited by Helen Meenan, Visiting Professor, Kingston University, United Kingdom and Christa Tobler, Professor of EU Law, University of Basel, Switzerland and University of Leiden, the Netherlands
Content
Contents
Foreword xiii
1 Introduction: Realising Protection from Age Discrimination: International, Regional, and National Perspectives
Helen Meenan and Christa Tobler 1
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
Andrew Byrnes 24
3 Unveiling age discrimination: a global perspective through the lens of the UN Independent Expert
Claudia Mahler 55
4 Legal protection of the rights of older persons: progress and perspectives from the African regional system
Danwood M. Chirwa and Lilian Chenwi 74
5 Europe: 'unsung hero' or 'also ran'? - perspectives on age discrimination from the European Union and the Council of Europe
Helen Meenan 93
PART II THE LIVED EXPERIENCE OF OLDER PERSONS AND PRACTICAL CHALLENGES: PERSPECTIVES FROM UNIQUE OFFICE-HOLDERS AND DISCRIMINATION OUTSIDE EMPLOYMENT
6 Challenges and perspectives on age discrimination from the Older People's Commissioner for Wales
Helena Herklots 127
7 The role of national human rights institutions in combating age discrimination: from the perspective of the Commissioner for Human Rights of Poland
Anna Chabiera 148
8 Challenges and perspectives on age discrimination outside employment in the European Union with a spotlight on Ireland
Elaine Dewhurst 166
9 Advancing equality for older persons in the provision of goods and services: drawing on the Australian experience
Therese MacDermott 189
PART III CRITICAL OVERVIEW OF AGE DISCRIMINATION IN NATIONAL JURISDICTIONS
10 Age discrimination law in Australia: challenges in realising protection from age discrimination
Alysia Blackham 210
11 Age discrimination: current and future issues in Japanese labour law
Ryoko Sakuraba 231
12 The United Kingdom legislation on age discrimination
Declan O'Dempsey 251
13 Age discrimination law in Canada: a challenging way forward
Pnina Alon-Shenker 275
14 Second class no longer: recognizing freedom from ageism as a fundamental right in the US
Laurie A. McCann and Cathy Ventrell-Monsees 293
Index 310
Foreword xiii
1 Introduction: Realising Protection from Age Discrimination: International, Regional, and National Perspectives
Helen Meenan and Christa Tobler 1
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
Andrew Byrnes 24
3 Unveiling age discrimination: a global perspective through the lens of the UN Independent Expert
Claudia Mahler 55
4 Legal protection of the rights of older persons: progress and perspectives from the African regional system
Danwood M. Chirwa and Lilian Chenwi 74
5 Europe: 'unsung hero' or 'also ran'? - perspectives on age discrimination from the European Union and the Council of Europe
Helen Meenan 93
PART II THE LIVED EXPERIENCE OF OLDER PERSONS AND PRACTICAL CHALLENGES: PERSPECTIVES FROM UNIQUE OFFICE-HOLDERS AND DISCRIMINATION OUTSIDE EMPLOYMENT
6 Challenges and perspectives on age discrimination from the Older People's Commissioner for Wales
Helena Herklots 127
7 The role of national human rights institutions in combating age discrimination: from the perspective of the Commissioner for Human Rights of Poland
Anna Chabiera 148
8 Challenges and perspectives on age discrimination outside employment in the European Union with a spotlight on Ireland
Elaine Dewhurst 166
9 Advancing equality for older persons in the provision of goods and services: drawing on the Australian experience
Therese MacDermott 189
PART III CRITICAL OVERVIEW OF AGE DISCRIMINATION IN NATIONAL JURISDICTIONS
10 Age discrimination law in Australia: challenges in realising protection from age discrimination
Alysia Blackham 210
11 Age discrimination: current and future issues in Japanese labour law
Ryoko Sakuraba 231
12 The United Kingdom legislation on age discrimination
Declan O'Dempsey 251
13 Age discrimination law in Canada: a challenging way forward
Pnina Alon-Shenker 275
14 Second class no longer: recognizing freedom from ageism as a fundamental right in the US
Laurie A. McCann and Cathy Ventrell-Monsees 293
Index 310