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.
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