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? 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