Yesterday Once More: Stigma, Discrimination and LGBTI+ Seniors

43(2) Monash University Law Review 530

37 Pages Posted: 31 Mar 2018 Last revised: 12 Jun 2019

See all articles by Eileen Webb

Eileen Webb

Curtin University - Curtin Law School

Liam Elphick

The University of Western Australia Law School; Melbourne Law School; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Date Written: 2017

Abstract

The rights of LGBTI+ people in Australia have been part of significant public debate in recent times, especially with the marriage equality postal vote. However, little attention has been paid to the experiences of older LGBTI+ people, particularly those entering or already in aged care facilities. LGBTI+ seniors are far more vulnerable to interactions with care-givers than their heterosexual and cisgender counterparts. Lack of education and understanding of how the law operates has resulted in many LGBTI+ seniors being unaware of how the legal system can be used to protect themselves against discrimination. Historical discrimination has also made many LGBTI+ seniors unwilling to engage with the legal system. As a result, information on the unique experiences of LGBTI+ seniors remain scarce, and steps to ensure awareness and implementation of laws that protect LGBTI+ seniors against discrimination have been minimal. This article seeks to address such concerns by providing a detailed outline of the legal protections available to LGBTI+ seniors in accommodation, financial and health issues, and suggesting solutions to ensure the greater protection of LGBTI+ seniors against discrimination. This research is especially pertinent due to consideration of LGBTI+ seniors in the Australian Law Reform Commission Inquiry into Elder Abuse. Education, training, and research will be crucial in empowering LGBTI+ seniors to utilise the legal rights available to them.

Keywords: Discrimination, LGBTI Rights, Seniors, Elder Abuse, Stigma

JEL Classification: K10, K31

Suggested Citation

Webb, Eileen and Elphick, Liam, Yesterday Once More: Stigma, Discrimination and LGBTI+ Seniors (2017). 43(2) Monash University Law Review 530. Available at SSRN: https://ssrn.com/abstract=3150150

Eileen Webb

Curtin University - Curtin Law School ( email )

Australia

Liam Elphick (Contact Author)

The University of Western Australia Law School ( email )

M253
35 Stirling Highway
Crawley, Western Australia 6009
Australia

HOME PAGE: http://https://research-repository.uwa.edu.au/en/persons/liam-elphick

Melbourne Law School ( email )

185 Pelham Street
Melbourne, VIC 3010
Australia

HOME PAGE: http://https://law.unimelb.edu.au/students/grd/students/liam-elphick

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
21
Abstract Views
200
PlumX Metrics