Strengthening Protection for All Ages: Objectives, Legislation Overview, and Types of Discrimination
Strengthening Protection for all
Ages
Dee Masters BL
27 August 2015
Case for change
Objectives
•
Comparable situations should be treated in the same way
•
Hurdles = special treatment
•
Objective justification
E.g. 20% of people under 24 are unemployed compared to 4%
of 25 to 49 year olds
What is equality?
Overview of the proposed
legislation
Structure broadly consistent with the principle of equality
BUT – limitations:
•
Under 16’s are excluded
•
Too many exceptions
•
Some exceptions too broad
Definition of “age”
•
“65 years old”, “over 65”, “pensioners”, “older people”, “the
elderly”
•
Perceived age
•
Discrimination by association
Scope
•
Goods, facilities, services
•
Charities
•
Education
•
Health and social care
•
Public functions
•
Selling, letting or managing premises unless purely private
Education
Types of discrimination
•
Direct
•
Indirect
•
Harassment
•
Victimisation
•
Discriminatory behaviour after a relationship has come to an end
•
Advertisements which evince intention to discriminate
•
Instructions / pressure to discriminate
Suitable exceptions
•
Positive action
•
Charities
•
Non-charities
•
Existing legislation
•
Age restricted products
•
Competitive activities
•
Ad hoc exceptions
Objective justification defence
•
Legitimate aim
•
Real need
•
Proportionality
e.g. holiday company believes increased risk to damage where groups
of people under 21 rent them
e.g. education provider receives a large donation for the purpose of
improving reading in people under 18
Problematic exceptions
•
Age-related holidays
•
Residential park homes
•
Home, family and private life
•
Age-based concessions
•
Financial services
Exclusion of U16’s
•
United Nation Convention on the Rights of the Child
•
Exclusion contrary to equality
•
S.75 of the Northern Ireland Act 1998
•
Illogical
•
Evidence
•
Normative effect
Special treatment of children and
young people
•
Maturity
•
Economic independence
•
Relative economic hardship
•
Safety
•
Special needs
Children need protection and not exclusion
Conclusion
Follow up
deemasters@cloisters.com
This presentation covers the importance of equality, proposed legislation limitations, definitions of age, scope of protection, types of discrimination, suitable exceptions, and objective justification defense in the context of age discrimination. Key points include addressing age-related disparities, ensuring equal treatment, and navigating exceptions and defenses in legal frameworks.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
E N D
Presentation Transcript
Strengthening Protection for all Ages Dee Masters BL 27 August 2015
What is equality? Comparable situations should be treated in the same way Hurdles = special treatment Objective justification E.g. 20% of people under 24 are unemployed compared to 4% of 25 to 49 year olds
Overview of the proposed legislation Structure broadly consistent with the principle of equality BUT limitations: Under 16 s are excluded Too many exceptions Some exceptions too broad
Definition of age 65 years old , over 65 , pensioners , older people , the elderly Perceived age Discrimination by association
Scope Goods, facilities, services Charities Education Health and social care Public functions Selling, letting or managing premises unless purely private
Types of discrimination Direct Indirect Harassment Victimisation Discriminatory behaviour after a relationship has come to an end Advertisements which evince intention to discriminate Instructions / pressure to discriminate
Suitable exceptions Positive action Charities Non-charities Existing legislation Age restricted products Competitive activities Ad hoc exceptions
Objective justification defence Legitimate aim Real need Proportionality e.g. holiday company believes increased risk to damage where groups of people under 21 rent them e.g. education provider receives a large donation for the purpose of improving reading in people under 18
Problematic exceptions Age-related holidays Residential park homes Home, family and private life Age-based concessions Financial services
Exclusion of U16s United Nation Convention on the Rights of the Child Exclusion contrary to equality S.75 of the Northern Ireland Act 1998 Illogical Evidence Normative effect
Special treatment of children and young people Maturity Economic independence Relative economic hardship Safety Special needs Children need protection and not exclusion
Follow up deemasters@cloisters.com
