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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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Edited by Ann Numhauser-Henning

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Edited by Ann Numhauser-Henning

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Edited by Ann Numhauser-Henning

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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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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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Ann Numhauser-Henning

Ageism in working life is a central concern when it comes to active ageing. This chapter aims at discussing the relation between the EU ban on age discrimination, European employment law and active ageing strategies. In doing this it draws heavily on some earlier works of the author.

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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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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