Research Handbook on Law, Society and Ageing

‘Westwood and Knauer have curated a comprehensive and authoritative collection that moves beyond the traditional and limiting conceptualisation of ‘elder law’ to examine the convergence, for older people, of law and society in contexts such as human rights, ageism, gender discrimination, intersectionality, care, technology and transnational ageing. An invaluable resource.’
– Mark Hughes, Southern Cross University, Australia

‘The connections between law, ageing and society are becoming more and more important as the world ages. This Research Handbook is a state of the art collection that advances our understanding of the complexities that are involved in the most obvious arenas as well as takes us into emerging areas where clarification and illumination are now sorely needed. I would recommend this volume as a great starting point and a tremendous resource for all those working in the field.’
– Paul Higgs, University College London, UK

‘This important and timely book examines a range of issues at the intersection of law, society and ageing. The variety of methodological approaches, geographical locations, and legal frameworks- from health and social care, to work and pensions, criminal justice, and legal services- offers vital in-depth engagement with this area of law.’
– Beverley Clough, Manchester University, UK

‘This Handbook inspires you to research, debate, critically evaluate, challenge and work to improve the ageing experience within society and the legal context. Drawing upon an impressive range of evidence and testimonials, and the work of eminent scholars in their respective fields from across the globe, this book is an invaluable resource for students, researchers and legislators.’
– Maria Evandrou, University of Southampton, UK

Contents

1 Introduction to the Research Handbook on Law, Society and Ageing 1
Sue Westwood and Nancy J. Knauer

PART I LAW, AGEING AND INTERNATIONAL RIGHTS
2 An international convention on the rights of older people? 12
Joan R. Harbison
3 The Inter-American Convention on the Protection of the Human Rights
of Older Persons – a step towards an international convention on the
rights of older people? 28
Angela Arenas Massa
4 The Protocol to the African Charter on Human and Peoples’ Rights on
the Rights of Older Persons in Africa 44
Rachel Murray
5 Age discrimination laws in the EU 61
Elaine Dewhurst
6 Older women’s rights in international law 77
Sue Westwood

PART II SPECIALIST LEGAL SERVICES FOR OLDER PEOPLE
7 The development of ‘elder law’ in the United States 95
Nancy J. Knauer
8 Elder Law: a critique and some suggestions 112
Ann Numhauser-Henning
9 The Association of Lifetime Lawyers (Formerly Solicitors for the
Elderly): Its Origins, Development and Key Areas of Practice in
Relation to Older People 125
Michael Culver and Lakshmi Turner
10 Legal implications of living to 100 and beyond 141
Anne L. Alstott

PART III LAW, AGEING, SPACE AND PLACE
11 Equality issues relating to older people, transnational care and global
care chains 156
Heli Askola and Loretta Baldassar
12 Older people and housing precarity: socio-legal perspectives 170
Caroline Hunter and Helen Carr
13 Long-term care facilities for older people: human rights concerns 187
Caroline Emmer De Albuquerque Green and Jill Manthorpe
14 Virtual spaces: ageism on social media – representations, reinforcement
and resistance 200
Brad A. Meisner, Deanna Vervaecke and Matthew Le
15 Climate change, older people and the law 216
Liat Ayalon

PART IV LAW, AGEING, WORK AND PENSIONS
16 Ageism as an institutional push factor for retirement: the need for
cultural and organisational change 231
Martine Lagacé, Caroline D. Bergeron, Philippe Rodrigues-Rouleau and
Marie Dominique Antoine
17 Gendered ageism and disablism and employment of older workers 247
Joanne Song Mclaughlin and David Neumark
18 Older women workers, the pandemic, employment discrimination and
lifetime disadvantage 265
Susan Bisom-Rapp
19 Menopause discrimination at work: comparing the law in the United
States and United Kingdom 281
Naomi Cahn, Bridget Crawford and Emily Gold Waldman
20 Older women and comparative pension inequalities in the UK and US 298
Athina Vlachantoni

PART V LAW, AGEING AND JUSTICE
21 Older people and access to justice 311
Joe Duffy, Katherine C. Pearson and Subhajit Basu
22 Constructions of vulnerability in relation to older victims of crime 326
Kevin J. Brown and Faith Gordon
23 Sexual violence against older women 341
Laura Tarzia and Catherine Barrett
24 Intimate partner violence among older LGBTQ+ adults 357
Jennifer Hillman and Brenda Russell
25 Defining, understanding and preventing homicide-suicide among older adults 373
Laura M. Schwab-Reese and Amy A. Hunter
26 Older people in prison 388
Helen Codd

PART VI LAW, AGEING, HEALTH AND WELLBEING
27 A global examination of law and the abuse of older people 403
Erica C.R. Costello
28 Older people, health inequality and the right to health 420
Barbara Mikołajczyk and Agata Wnukiewicz-Kozłowska
29 Age-related dementia and the law: the challenges of mental capacity
and equality 435
Alex Ruck Keene and Annabel Price
30 Older people and advance care planning 450
John Lombard
31 Older people and assisted dying 463
Barbara A. Reich
32 Older people and assistive technologies: a human rights approach 476
Belinda Bennett

PART VII LAW, AGEING, CARE AND SUPPORT
33 Older people and filial support laws 489
Katherine C. Pearson
34 European Union law, care and ageing 504
Eugenia Caracciolo Di Torella and Annick Masselot
35 Older people, care concerns and an ethic of care 518
Sue Westwood and Lizzie Ward
36 Older people and human rights violations in relation to the COVID-19
pandemic: the role of ageism and the case of care homes 534
Sarah Donnelly and Alisoun Milne
37 Older LGBTQ+ people and the equality/human rights implications of
inequalities in older age health/social care provision 549
Trish Hafford-Letchfield and Christine Cocker
38 Ethical issues in the use of robots for the care of older people 564
Amanda Sharkey and Noel Sharkey