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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
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Age discrimination: What are the challenges?Access to Justice Conference28/29 November 2006Brussels 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? Integrated strategy against discrimination Legislation 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