Interrogating “Discrimination” on the Basis of Chronological Age Gerald L. Neuman[*] This essay addresses legal regulation of discrimination on the basis of chronological age, or “age discrimination” for short,[1] from the perspective of human rights law as a complex system of positive law serving normative ends. It first describes some of the positive law of […]
Should the standards used to evaluate the claims of discrimination based on age vary depending on the field(s) of activity to which the norm applies? When to use age and when to use capacity based approaches.
Should the standards used to evaluate the claims of discrimination based on age vary depending on the field(s) of activity to which the norm applies? When to use age and when to use capacity based approaches. Jonathan Herring[*] As is well known, in response to the varying capabilities of children and adults lawyers tend to […]
Children’s Rights and Voting Age Discrimination
Children’s Rights and Voting Age Discrimination John Wall[*] International and national laws rarely refer explicitly to age discrimination, and even when they do, they typically focus on age discrimination against the elderly, not the young. Even the Convention on the Rights of the Child (CRC), one of whose foundational principles in article 2 is prohibition […]
Minimum Age Cutoffs and the Fair Allocation of Benefits
Minimum Age Cutoffs and the Fair Allocation of Benefits Govind Persad[*] The COVID-19 pandemic brought debates over the use of age in scarce resource allocation to the fore once again. Initially, particularly in developed countries, debates surrounded the use of older age as an exclusion or lower-priority criterion for receipt of scarce medical interventions such […]