Ageing, Ageism and the Law
Show Less

Ageing, Ageism and the Law

European Perspectives on the Rights of Older Persons

Edited by Israel Doron and Nena Georgantzi

Europe is ageing. However, in many European countries, and in almost all fields of life, older persons experience discrimination, social exclusion, and negative stereotypes that portray them as different or a burden to society. This pivotal book is the first of its kind, providing a rich and diverse analysis of the inter-relationships between ageing, ageism and law within Europe.
Show Summary Details
You do not have access to this content

Chapter 6: Stereotyping and other “forms of discrimination” in the Chicago Declaration on the Rights of Older Persons and in the case law of the European Court of Human Rights

Eugenio Mantovani, Paul Quinn and Paul de Hert

Abstract

The 2014 Chicago Declaration on the Human Rights of Older Persons, one of the most recent, informal efforts to establish the human rights status of older persons, sets out to tackle ageism, the stereotyping, stigmatization and/or discrimination of persons because of their advanced age. Departing from this non-binding Declaration drafted by lawyers well-versed in law and in gerontology, this chapter asks to what extent discrimination law is open to influencing ageist stereotyping and stigma. The authors focus on a series of selected cases from the European Court of Human Rights. The goal of the legal analysis is to learn if, and what kind of (legal) responses are available to ageist stereotyping and “other forms of discrimination”. Our analysis lends support to the claim that the European Court is partially open to influence ageist stereotyping. The law however does not reach anti-ageing expressions and messages. This situation falls short of the expectation of the drafters of the Chicago Declaration. The so called 2014 Chicago Declaration on the Human Rights of Older Persons, one of the most recent, informal, efforts to establish the human rights status of older persons, sets out to tackle ageism, the stereotyping, stigmatization, and/or discrimination of persons because of their advanced age. Departing from this non-binding Declaration drafted by lawyers well-versed in law and in gerontology, this article asks to what extent discrimination law is open to influencing bias, stereotypes, prejudices, and stigma of older persons (which the Chicago Declaration calls “forms of discrimination”). The authors draw the attention to a selected series of court cases from the European Court of Human Rights. Our analysis lends support to the claim that the European court is only partially open to influence ageist stereotyping. Anti-discrimination law however does not reach anti-ageing expressions and messages. This situation falls short of the expectation of the drafters of the Chicago Declaration but may represent the limits of what is possible for discrimination law in a democratic society that respects liberty of expression.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.