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Ageing, Difference and Discrimination: Property Transactions in the Crucible of Human Rights Norms

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Abstract:

The emergence and intensification of an international debate concerning the role of human rights norms in addressing difference and discrimination linked to ageing has culminated in the campaign for a new international convention on the rights of older people. At the same time, the demographic and socioeconomic implications of the 'ageing society' have coincided with asset-based welfare to generate a new environment of risk around housing equity transactions. These parallel discourses invoke competing images of the older person as a vulnerable legal subject and a self-responsible autonomous consumer, with the domain of private, market-based property transactions to liquidate housing equity almost exclusively underpinned by a narrative of self-responsible individualism. This paper explores the issues surrounding differential vulnerabilities as they affect older owner's housing equity transactions, and reflects on alternative strategies to develop a coherent theoretical framework for older owners' legal subjectivity.

Document Type: Research Article

DOI: http://dx.doi.org/10.5235/09615768.24.2.202

Publication date: August 1, 2013

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  • Until 2007 the King's Law Journal was known as the King's College Law Journal. It was established in 1990 as a legal periodical publishing scholarly and authoritative Articles, Notes and Reports on legal issues of current importance to both academic research and legal practice. It has a national and international readership, and publishes refereed contributions from authors across the United Kingdom, from continental Europe and further afield (particularly Commonwealth countries and USA). The journal includes a Reviews section containing critical notices of recently published books.
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