Transcript Towards Age Equality

Age discrimination: What are
the challenges?
Access to Justice Conference
28/29 November 2006
Brussels
Richard Baker
Age Concern England
Chair of AGE Anti-discrimination Expert Group
Introducing AGE
• AGE – European Older People’s Platform
– European network 150 organisations
– 25 member states
– Acceding countries
– European federations
• AGE Expert Group on Anti Discrimination (ADEG)
– Composed of national experts from most Member States
– Has monitored transposition and implementation of
Employment directive in 15 member states since 2002 and in
new members since 2004
– Organises national activities on age discrimination
– Builds capacity at national level and facilitates member
networking
Age discrimination:
definitions and reality
• Legal definitions
– Direct
– Indirect
– Harassment
– Victimisation
• Reality for individuals includes…….
– Employment:
• denial of work, promotion and training
• forced to retire or targeted for dismissal
– Health care
• denial of or inappropriate treatments on the ground of age
– Financial services
• denial of insurance on the ground of age,
• higher premiums based on age not capacity
Age discrimination: costs
• More research needed but…..
– Economic costs – UK estimates range from £16 to £31 billion
per annum in reduced output. Confirmed by Danish study
– Loss of Government revenue and increased benefits – UK
estimates of £3 to £5 billion per annum
– Long term social exclusion and poverty amongst older people
disconnected from work and society
– Irish study showed that age discrimination is present throughout
the health care system and ‘erodes society’ and ‘the ‘power to
be independent’
– Swedish study showed significant double age/gender
discrimination with older women particular disadvantaged in
health context
• Counter-intuitive in the context of population ageing
– Ageing population means that we need to rely more on older
cohorts for their productive contribution and we need to maintain
their health, independence and well-being (Kok)
– Current situation unsustainable
Age discrimination and the law:
The Employment Directive
• Agreed in 2000
• Bans Age Discrimination in Employment, Occupation
and Training
– Implementation by transposition into National law
– By 2003, with up to three years delay permissible if
notified to Commission in age and disability grounds
• Statement of minimum requirements
• Huge step forward – for most countries there was little
recognition and no law prior to 2000
• Legal action before Directive
–
–
–
–
Ireland – law on employment and goods and services
Netherlands – draft law in Parliament
UK – Policy guidelines in health care
Other states – generally covered in some Labour guidelines or
statement around Human Rights but rarely exercised
Age discrimination and the law:
National position after the Directive
 Most states have banned age discrimination in employment
– still some outriders who haven’t legislated yet
– evidence of large variation in quality of transposition
• Article 6 exemptions
– likelihood of many infringement proceedings by Commission
• Some states have gone beyond minimum standards
– legislating beyond employment
– minimising exemptions
– broader equality legislation
– large number of equality bodies
– Broader strategies on ageing
• Evidence of reluctance and token compliance
– incomplete or poor transpositions
– patchy compliance with articles 12, 13 and 14
– less than dissuasive sanctions
– little interest in reviewing other laws as per article 16
Will the Directive eliminate
age discrimination?
Legislation
Integrated
strategy
against
discrimination
Culture change
Empowerment of victims
Is it being successful?
• In many countries, some people beginning to use rights
– 30% of all cases received in Lithuania by OEO and in
Netherlands by ETC on average about age
– 51 cases in France in year 1 of equality authority, 42
of which are about employment
– Several cases in Finland and elsewhere
• Important case law developing nationally and potentially
landmark cases in ECJ – Germany, Spain, UK
• Continuing debate and dialogue in some states on age
issues
– UK and Sweden looking at broader legal framework
– France and Czech Republic incorporating age discrimination in
wider strategies
– Sub-national action in Germany
Challenges - definitional
• Continuing need to define, name and challenge age
discrimination
– Age discrimination routine, often custom and practice
– Differences of treatment on the ground of age are sometimes
seen as fair and good practice – eg fair innings argument,
mandatory retirement
– Age persists as a negative stereotype
– Age a weak identifier for many people – invisible discrimination
to victims
…….but in many countries older people and younger people
report personal experience of discrimination
…….and studies suggest higher levels than other strands….
Challenges – awareness
and implementation
• Continuing need to look at transpositions
– Ongoing refinement of with law
– Interpretation of article 6,
– Case law
• Setting the terms of the debate
– Media coverage and civil dialogue reflects cultural view
– Few examples of hard-hitting campaigns
• EU campaign often the only show in town
– Social partners disengaged – need to set out the business case
• Empowering individuals
– People need support to take advantage of rights
• Information and Advocacy
• Financial and legal support
• Legal systems need to gear up
– Lack of judges and lawyers with expertise
Challenges – next steps
• Moving the legal debate forward
–
–
–
–
–
Age discrimination beyond employment
Intersection issues – age/gender, age/disability
Multiple discrimination and disadvantage
Ageing population is increasingly diverse
Intersection and integration of Human Rights agenda
• Mainstreaming age equality
– Contribution to economic development
– Contribution to social inclusion and cohesion
– Researching and demonstrating impact
Conclusions
• Most members states have taken actions
– Many positive steps forward
• Wide-range of challenges
– Definitional
– Awareness and implementation
• Need to keep up the momentum
– Culture change – societal approach
– Advice and support
– Access to justice and use of case law
• Need to move the debate on age forward