Edited by Helen Meenan, Visiting Professor, Kingston University, United Kingdom and Christa Tobler, Professor of EU Law, University of Basel, Switzerland and University of Leiden, the Netherlands

• ContentsForeword xiii1 Introduction: Realising Protection from Age Discrimination: International, Regional, and National PerspectivesHelen Meenan and Christa Tobler 1PART I INTERNATIONAL AND REGIONAL CHALLENGES AND PERSPECTIVES: TIME FOR ACTION2 The struggle for equality, freedom and visibility: the campaign to achieve a new United Nations treaty on the human rights of older personsAndrew Byrnes 243 Unveiling age discrimination: a global perspective through the lens of the UN Independent ExpertClaudia Mahler 554 Legal protection of the rights of older persons: progress and perspectives from the African regional systemDanwood M. Chirwa and Lilian Chenwi 745 Europe: ‘unsung hero’ or ‘also ran’? – perspectives on age discrimination from the European Union and the Council of EuropeHelen Meenan 93PART II THE LIVED EXPERIENCE OF OLDER PERSONS AND PRACTICAL CHALLENGES: PERSPECTIVES FROM UNIQUE OFFICE-HOLDERS AND DISCRIMINATION OUTSIDE EMPLOYMENT6 Challenges and perspectives on age discrimination from the Older People’s Commissioner for WalesHeléna Herklots 127 7 The role of national human rights institutions in combating age discrimination: from the perspective of the Commissioner for Human Rights of Poland Anna Chabiera 148 8 Challenges and perspectives on age discrimination outside employment in the European Union with a spotlight on Ireland Elaine Dewhurst 166 9 Advancing equality for older persons in the provision of goods and services: drawing on the Australian experience Therese MacDermott 189 PART III CRITICAL OVERVIEW OF AGE DISCRIMINATION IN NATIONAL JURISDICTIONS 10 Age discrimination law in Australia: challenges in realising protection from age discrimination Alysia Blackham 210 11 Age discrimination: current and future issues in Japanese labour law Ryoko Sakuraba 231 12 The United Kingdom legislation on age discrimination Declan O’Dempsey 251 13 Age discrimination law in Canada: a challenging way forward Pnina Alon-Shenker 275 14 Second class no longer: recognizing freedom from ageism as a fundamental right in the US Laurie A. McCann and Cathy Ventrell-Monsees 293 Index 310

‘Ageism in later life is a major, often overlooked issue in legal studies. This book addresses this gap offering insights from academics, policy experts, and practitioners from global, regional, and national viewpoints. In addition to looking at current legal protections, it makes a unique contribution to the growing field of human rights of older persons by calling for legal change. This book is an essential tool for anyone interested in advancing age equality.’

Edited by Helen Meenan, Visiting Professor, Kingston University, United Kingdom and Christa Tobler, Professor of EU Law, University of Basel, Switzerland and University of Leiden, the Netherlands

• ContentsForeword xiii1 Introduction: Realising Protection from Age Discrimination: International, Regional, and National PerspectivesHelen Meenan and Christa Tobler 1PART I INTERNATIONAL AND REGIONAL CHALLENGES AND PERSPECTIVES: TIME FOR ACTION2 The struggle for equality, freedom and visibility: the campaign to achieve a new United Nations treaty on the human rights of older personsAndrew Byrnes 243 Unveiling age discrimination: a global perspective through the lens of the UN Independent ExpertClaudia Mahler 554 Legal protection of the rights of older persons: progress and perspectives from the African regional systemDanwood M. Chirwa and Lilian Chenwi 745 Europe: ‘unsung hero’ or ‘also ran’? – perspectives on age discrimination from the European Union and the Council of EuropeHelen Meenan 93PART II THE LIVED EXPERIENCE OF OLDER PERSONS AND PRACTICAL CHALLENGES: PERSPECTIVES FROM UNIQUE OFFICE-HOLDERS AND DISCRIMINATION OUTSIDE EMPLOYMENT6 Challenges and perspectives on age discrimination from the Older People’s Commissioner for WalesHeléna Herklots 127 7 The role of national human rights institutions in combating age discrimination: from the perspective of the Commissioner for Human Rights of Poland Anna Chabiera 148 8 Challenges and perspectives on age discrimination outside employment in the European Union with a spotlight on Ireland Elaine Dewhurst 166 9 Advancing equality for older persons in the provision of goods and services: drawing on the Australian experience Therese MacDermott 189 PART III CRITICAL OVERVIEW OF AGE DISCRIMINATION IN NATIONAL JURISDICTIONS 10 Age discrimination law in Australia: challenges in realising protection from age discrimination Alysia Blackham 210 11 Age discrimination: current and future issues in Japanese labour law Ryoko Sakuraba 231 12 The United Kingdom legislation on age discrimination Declan O’Dempsey 251 13 Age discrimination law in Canada: a challenging way forward Pnina Alon-Shenker 275 14 Second class no longer: recognizing freedom from ageism as a fundamental right in the US Laurie A. McCann and Cathy Ventrell-Monsees 293 Index 310

‘Ageism in later life is a major, often overlooked issue in legal studies. This book addresses this gap offering insights from academics, policy experts, and practitioners from global, regional, and national viewpoints. In addition to looking at current legal protections, it makes a unique contribution to the growing field of human rights of older persons by calling for legal change. This book is an essential tool for anyone interested in advancing age equality.’

Edited by Helen Meenan, Visiting Professor, Kingston University, United Kingdom and Christa Tobler, Professor of EU Law, University of Basel, Switzerland and University of Leiden, the Netherlands

• ContentsForeword xiii1 Introduction: Realising Protection from Age Discrimination: International, Regional, and National PerspectivesHelen Meenan and Christa Tobler 1PART I INTERNATIONAL AND REGIONAL CHALLENGES AND PERSPECTIVES: TIME FOR ACTION2 The struggle for equality, freedom and visibility: the campaign to achieve a new United Nations treaty on the human rights of older personsAndrew Byrnes 243 Unveiling age discrimination: a global perspective through the lens of the UN Independent ExpertClaudia Mahler 554 Legal protection of the rights of older persons: progress and perspectives from the African regional systemDanwood M. Chirwa and Lilian Chenwi 745 Europe: ‘unsung hero’ or ‘also ran’? – perspectives on age discrimination from the European Union and the Council of EuropeHelen Meenan 93PART II THE LIVED EXPERIENCE OF OLDER PERSONS AND PRACTICAL CHALLENGES: PERSPECTIVES FROM UNIQUE OFFICE-HOLDERS AND DISCRIMINATION OUTSIDE EMPLOYMENT6 Challenges and perspectives on age discrimination from the Older People’s Commissioner for WalesHeléna Herklots 127 7 The role of national human rights institutions in combating age discrimination: from the perspective of the Commissioner for Human Rights of Poland Anna Chabiera 148 8 Challenges and perspectives on age discrimination outside employment in the European Union with a spotlight on Ireland Elaine Dewhurst 166 9 Advancing equality for older persons in the provision of goods and services: drawing on the Australian experience Therese MacDermott 189 PART III CRITICAL OVERVIEW OF AGE DISCRIMINATION IN NATIONAL JURISDICTIONS 10 Age discrimination law in Australia: challenges in realising protection from age discrimination Alysia Blackham 210 11 Age discrimination: current and future issues in Japanese labour law Ryoko Sakuraba 231 12 The United Kingdom legislation on age discrimination Declan O’Dempsey 251 13 Age discrimination law in Canada: a challenging way forward Pnina Alon-Shenker 275 14 Second class no longer: recognizing freedom from ageism as a fundamental right in the US Laurie A. McCann and Cathy Ventrell-Monsees 293 Index 310

‘Ageism in later life is a major, often overlooked issue in legal studies. This book addresses this gap offering insights from academics, policy experts, and practitioners from global, regional, and national viewpoints. In addition to looking at current legal protections, it makes a unique contribution to the growing field of human rights of older persons by calling for legal change. This book is an essential tool for anyone interested in advancing age equality.’