Elder Law
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Elder Law

Evolving European Perspectives

Edited by Ann Numhauser-Henning

The ageing population poses a huge challenge to law and society, carrying important structural and institutional implications. This book portrays elder law as an emerging research discipline in the European setting in terms of both conceptual and theoretical perspectives as well as elements of the law.
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Chapter 3: Dignity, disadvantage, and age: putting constitutional and fundamental rights to work for older workers

Judy Fudge


What is the impact on older workers of elevating the prohibition against discrimination on the basis of age to a constitutional right? This chapter examines how two constitutional courts, the Canadian Supreme Court and the Court of Justice of the European Union, treat cases in which older workers allege discrimination on the basis of age. It argues that a comparative approach to this question assists us in determining the significance of the fundamental status of the prohibition against age discrimination, as well as its impact on interpretation of statutory prohibitions against discrimination against older workers. Constitution, Canada, European Union, age discrimination

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