Elder Law in Australia and China: From Protection to Empowerment

Florentina Benga

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The latest Australian Census (2011-2016) has revealed that, for the first time, the number of Australians of Chinese and Indian birth combined is greater than that of English birth. This article seeks to demonstrate how law and culture are inter-related and how an understanding of both provides a better protection of people’s rights. Given the recent statistics and changes in elder law in Australia and China, this article specifically focuses on the rights of older persons in residential care and family accommodation in both countries. This article aims to present opportunities to promote elder justice as a matter of everyday justice. It demonstrates the need for a new paradigm shift: from protection to empowerment.
Keywords: law and culture, elder justice, paradigm shift.
Original languageEnglish
Publication statusPublished - Nov 2018
EventAsian Law and Society Association 2018 Conference - Bond University, Gold Coast, Australia
Duration: 29 Nov 20181 Dec 2018


ConferenceAsian Law and Society Association 2018 Conference
Abbreviated titleALSA
CityGold Coast
OtherThe Australian Network for Japanese Law (ANJeL) and the Asia Pacific Legal Institute of Australia (APLIA), in collaboration with Bond University, are pleased to host the 2018 Asian Law and Society Association (ALSA) conference.

The 2018 ALSA Conference invites scholars in Asian law and society to consider the role of law in shaping the Asian Century. Is law transforming Asian societies such that the region is the new centre of economic, political or social power or interest? Does Asian law offer a distinctive approach to regulation and rights worthy of emulation elsewhere? How far has law and society scholarship come to make sense of Asian law and regulation?
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