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 […]
What’s in a Name? Intersectional Implications of Forced Surname in Turkey
What’s in a Name? Intersectional Implications of Forced Surname Change in Turkey Shaza Loutfi[*] Arab women do not take their husband’s last name after marriage.[1] Yet in 2021, I became the first woman in an entire line of female Arab ancestry to change her last name after marriage, not by choice, but forcibly by the […]
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 […]
The Sword is Mightier than the Pen: the Precedence of Facts on the Ground over the Written Ceasefire Agreement in Nagorno-Karabakh
The Sword is Mightier than the Pen: The Precedence of Facts on the Ground over the Written Ceasefire Agreement in Nagorno-Karabakh Stanisław Krawiecki[*] Introduction “Armed hostilities ended on 10 November 2020.”[1] That’s one of the first assertions made by Armenia in its International Court of Justice (“ICJ”) case against Azerbaijan for violation of the Convention […]