Old-Age-Based and Disability-Focused: A Scoping Literature Review on the Intersection of Older Persons’ Rights and Disability Rights

Abstract

Elder law and disability law have historically developed separately, with minimal interaction. However, there are many similarities and shared interests between both fields and both groups – older persons and persons with disabilities. This paper is the first attempt to comparatively analyze the legal academic publications that have addressed both disability and older persons’ rights in the last two decades. Using a systematic scoping review methodology, we quantitatively analyzed 180 articles published in the last two decades in legal journals and qualitatively analyzed seventeen of these articles that directly address the relationship between both fields. This systematic review yielded a comprehensive up-to-date quantitative and qualitative picture of the relationship between disability law and elder law. Our findings show that current comparative literature is one-directional, as it is ‘old-age-based’ and ‘disability-focused’. The analysis produced five elements characterizing the relationship between the two fields: similarities, differences, tension, separation efforts and bridging efforts. Discussing these findings, this paper suggests two different narratives to explain the revealed relationship. One emphasizes the subtle manifestations of ageism in disability studies and disability law and ableism in gerontology and elder law. The other highlights the different histories of both fields and the human rights movements they serve. More broadly, the paper demonstrates the benefits of a systematic scoping review as an empirical methodology for comparative research generally, and specifically, the opportunities that an open dialogue between elder law and disability law provides.