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Eva Ryrstedt

Throughout the world, there is a quest for autonomy, regardless of any disability; thus also for indivuals suffering from dementia. This quest is founded in various international instruments. However, the chapter also emphasizes the notion of protection – against exploitation, violence and abuse. The way to resolve what appears to be an incoherence is widely debated. This chapter addresses the international doctrine in the area, trying to establish how autonomy can be understood and reached for a person afflicted by dementia, as well as the concurrence of autonomy and protection. Dementia, autonomy, protection, independence, support, elder law doctrine

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Kirk Scott

The world’s population is ageing at a rapid and increasing rate. This chapter discusses the challenges that developing countries face as a consequence of growing shares of the population above retirement age. The chapter discusses reasons why commonly advanced solutions to the ageing challenge are not likely to help. Increasing migration is discussed as a non-solution, as is fertility increase and raising taxes. The most likely solution will be found in a combination of increasing the statutory retirement age and encouraging increased labour force participation among those in working ages. Population ageing, demography, retirement, replacement migration, elderly, pensions

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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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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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Ann Numhauser-Henning

Why is compulsory retirement still acceptable in EU law – despite existing age discrimination regulation – when this is not the case in the US? In this chapter this difference is discussed in the light of the case law of the CJEU and the ‘double bind’ characterizing the EU age discrimination ban as contrasted with the double-helix construction in US discrimination law. The difference is then related to general welfare developments in the EU and the individual versus societal dichotomy at the heart of elder law. A main line of argument is that upholding the ban on age discrimination – and thus autonomy at the individual level – may well lead to more or less extreme vulnerability as the outcome for older workers. Age discrimination, double bind, double helix, US, European Union, welfare state

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Mia Rönnmar, Miriam Kullmann, Ann Numhauser-Henning and Carin Ulander-Wänman

The aim of this chapter is to add to the field of elder law through an analysis of the function, content and future challenges of employment protection from the perspective of older workers and a prolonged working life. EU law and comparative European law are in focus, and statutory, collective bargaining and case law developments are analysed. The chapter discusses, for example, the relationship between employment protection and the ban on age discrimination, dismissals for personal reasons and reasons of redundancy, and the connection between employment protection and compulsory retirement and measures aimed at prolonging working life. Older workers, employment protection, comparative labour law, flexible work, age discrimination, compulsory retirement

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Ann Numhauser-Henning, Jenny Julén Votinius and Ania Zbyszewska

The EU age discrimination ban and its weaker template as compared to other grounds of discrimination is the focus of this chapter. It begins with a thorough presentation and discussion of the CJEU’s case law in relation the 2000/78/EC Employment Equality Directive, including compulsory retirement, and continues by addressing age discrimination bans in the area of healthcare/medical care through the example of Sweden. Here, too, we recognize the weaker template and the double bind of the age discrimination ban – now creating a scope for the collective interest approach within a cost-effectiveness logic and adhering to internal comparisons of equality rather than inclusion and equality in the liberal tradition. Age discrimination, European Union, double bind, weaker template, employment, compulsory retirement, healthcare

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Jenny Julén Votinius and Mia Rönnmar

In the analysis of how intergenerational relations play out and are met in elder law, this chapter suggests the introduction of intergenerational ambivalence into the established binary solidarity–conflict approach. The first part of the chapter lays out and situates the discourse on intergenerational relations in a wider conceptual, demographic and political context. In the second part, different manifestations of intergenerational ambivalence in elder law are discussed with examples from the area of labour law and industrial relations, against the background of the legal and policy framework in the area of intergenerational relations. Intergenerational relations, intergenerational ambivalence, elder law, labour law, industrial relations, age discrimination

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Ann Numhauser-Henning

This introductory chapter provides a brief background on ageing society in an EU policy development perspective and introduces the studies on law and ageing within the Norma Research Programme. It then thematizes the interrelations between the different contributions to this book and relates them more generally to a variety of relevant concepts and perspectives, among them ageing and ageism. Legal developments are also elaborated upon in the terms of normative patterns, and particularly in terms of the progress of the market functional pattern identified in a number of the reported studies. Ageing, ageism, the Norma Research Programme, normative patterns, market functional

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Hanna Pettersson and Mirjam Katzin

Elder care is becoming a private responsibility to an increasing extent, even in welfare-state-oriented countries such as Sweden. This chapter examines Swedish legal responses to this development from the 1970s onwards. While the legal responsibility to provide municipal support for long-term family caregivers has been strengthened, its main role appears to consist in smoothening the ongoing process towards partial reprivatization. As for short-term family care, case law demonstrates that the pronounced goal of elder care as a public responsibility restricts the right to benefits in cases where family members take on responsibilities as a result of strained public resources. Elder care, family care, support for family caregivers, family care allowance, privatization, care work