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Age as an Equality Issue : Legal and Policy Perspectives - Sandra Fredman

Age as an Equality Issue

Legal and Policy Perspectives

By: Sandra Fredman (Editor), Sarah Spencer (Editor)

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To what extent is age inevitably linked with declining capacity? What are the goals of a policy on age equality, and how can these be realized in law? How should law and policy address age discrimination in health, education and employment? Should young people be dealt with in the same way as older people? This book answers these questions in a series of chapters by experts from a wide range of disciplines. It examines the nature of the aging process and provides a detailed analysis of the concept of age equality.

...the conceptual chapters have much to offer. For those who want to expand discussion of age discrimination beyond issues of mandatory retirement, this book offers ideas about what is possible, by suggesting areas where the equality debate needs to occur. Sheila M Neysmith, Faculty of Social Work, University of Toronto Canadian Journal on Aging May 2005

About the Contributorsp. xi
Introductionp. 1
Age Discrimination: Implications of the Ageing Processp. 11
The Nature of Human Ageingp. 11
Non-ageing Processesp. 12
True Ageingp. 13
Individual Trajectories of Ageingp. 15
Ideologyp. 16
Cost and Effectiveness of Care in Later Lifep. 17
Need to Identify Individual Determinants of Outcomep. 19
Final Commentp. 20
The Age of Equalityp. 21
Problems and Perspectivesp. 22
Backgroundp. 22
Demographic Trendsp. 24
Labour Market Issuesp. 25
Material Disadvantagep. 27
Social Exclusionp. 29
Health Carep. 31
Children and Adolescentsp. 33
The Legal Contextp. 35
The Concept of Equalityp. 37
Introductionp. 37
Equality as Consistency: Treat Likes Alikep. 38
Individual Meritp. 39
To Each According to Her Needp. 41
Fair Distributionp. 41
Choice or Autonomyp. 43
Dignityp. 44
Participative Democracyp. 45
Limits on Equalityp. 46
The 'Fair Innings' Argumentp. 47
Costs of Equality: Business Interests and Public Spendingp. 48
Rights and Interests of Othersp. 51
Legislating for Equalityp. 53
Scope and Coveragep. 54
The Definition of Discriminationp. 55
Enforcementp. 66
Conclusionp. 69
Age Discrimination in Employment: Implementing the Framework Directive 2000/78/ECp. 71
Why Legislation Against Age Discrimination in Employment is Neededp. 71
Employment Policyp. 71
Age Discriminationp. 74
Voluntary Measures and the Role of Legislationp. 76
Is the EU Framework Directive on Age Fit for Purpose?p. 78
The Principle of Equal Treatmentp. 81
Direct Discriminationp. 82
Indirect Discriminationp. 83
Positive Duty to Promote Equalityp. 84
Justifications for Discriminationp. 85
A General Defence?p. 85
Genuine Occupational Qualifications (GOQs)p. 86
Minimum Conditions of Age for Employment or Benefitsp. 87
Length of Service Requirements for Trainingp. 88
Significantly Increased Costsp. 88
Positive Actionp. 88
Retirementp. 89
Should Mandatory Retirement Ages be Abolished?p. 89
Unfair Dismissal and Redundancy Compensationp. 93
Removing Discrimination in Legislation, Administrative Provisions and Collective Agreementsp. 94
Unfair Dismissal and Redundancy Paymentsp. 95
National Minimum Wage Act 1998 (NMWA)p. 95
The Working Time Regulations 1998p. 95
Restrictions on the Employment of Children and Young Personsp. 95
Collective Agreements, Professional Rules etcp. 96
Enforcementp. 96
Age Equality in Health and Social Carep. 97
Introductionp. 97
A Word About Definitionsp. 98
A Problem for Older People or All Age Groups?p. 98
An Issue for Health and Social Care?p. 98
Age Discrimination in Health and Social Carep. 99
A Matter of Growing Public Concern?p. 99
What is the Evidence that Age Discrimination Exists?p. 100
Why Does Age Discrimination Occur?p. 103
What Does the Evidence Mean?p. 104
Justifying Age-related Approaches to Health and Social Carep. 106
Interpretations of Equality in Health and Social Carep. 106
Equality is not the Only Considerationp. 110
Is Age Equality Legislation Needed?p. 111
What kind of Legislation?p. 112
The Costs of Age Equality in Health and Social Carep. 113
Conclusionp. 114
Age Equality in Access to Educationp. 117
Age, Equality and Educationp. 117
Introductionp. 117
Definitional Issuesp. 118
Educationp. 118
Agep. 118
Equalityp. 119
Reasons for Inequalityp. 120
Contrasts with Inequality in Health Carep. 121
Legitimate Limits to Age Equalityp. 122
Policy Frameworkp. 124
Rationale for Age Equalityp. 126
Wider Benefits of Learning: Sustaining and Transformingp. 127
Improved Healthp. 128
Interaction with Familiesp. 130
Social Capitalp. 132
Workplace Human Capitalp. 133
Age Diversity: Learning from Each Otherp. 135
Current Provision and Participationp. 135
General Participationp. 136
Higher and Further Educationp. 137
Basic Skillsp. 139
Trainingp. 140
Fifty-Five Educational Allowancesp. 141
Conclusionsp. 142
Children's Rights for Grown-upsp. 145
Introductionp. 145
Examples of Ways in Which Children are not Treated the Same Way as Adultsp. 147
Rights Available to Adults which are Denied to Childrenp. 147
Rights Available to Children which are not Available to Adultsp. 148
Where there is a Clash between the Rights of Children and Adults, Children's Rights are seen as Strongerp. 148
Responsibilities Adults have which Children do notp. 149
Responsibilities Children have which Adults do notp. 149
The Basic Legal Position of Childrenp. 149
Paternalismp. 150
Child Liberationp. 152
Balancing Protection and Autonomyp. 153
Differences Between Adults and Children: Are they Discriminatory?p. 154
Rights Available to Adults which are Denied to Childrenp. 154
Rights Available to Children which are not Available to Adultsp. 161
Where there is a Clash between the Rights of Adults and Children, Children's Rights are seen as Strongerp. 162
Responsibilities Adults have which Children do notp. 163
Responsibilities Children have which Adults do notp. 164
Some Particular Cases Involving Children's Rightsp. 164
Gillick and Consent to Medical Treatmentp. 164
Corporal Punishmentp. 166
Sexual Relationsp. 168
Access to Courtsp. 169
Children's Rights for Adultsp. 170
Conclusionp. 172
Age Discrimination Law: Some Remarks on the American Experiencep. 175
Age Discrimination Actp. 177
Non-discrimination in the Federal Constitutionp. 178
Impact of ADEAp. 179
Disparate Impactp. 181
ADEA's Criticsp. 181
Impact on Employment Practicesp. 184
Case Lawp. 184
Economic Impactp. 186
Justicep. 187
Changing Attitudesp. 188
The End of Mandatory Retirementp. 190
Impact of the Banp. 192
Comparative European Perspectives on Age Discrimination Legislationp. 195
Introductionp. 195
European Age Equality Strategies Pending Implementation of the EU Directivep. 196
Voluntary Measuresp. 196
Legal Protectionp. 197
The Directive: Existing Responsesp. 200
Age Equality in Finlandp. 200
Age Equality in the Netherlandsp. 202
The New Age Discrimination Legislationp. 203
Age Equality in Irelandp. 206
Discrimination in Employmentp. 207
Exemptions within the Scope of the EEAp. 208
Employment Litigation under the EEAp. 211
Equal Status Act 2000p. 212
Enforcement and Remediesp. 213
Learning From Comparative Experience: Giving Age Discrimination Legislation Teethp. 214
A Rights-based Approachp. 214
Comparative Lessonsp. 215
Making Enforcement 'Bite'p. 216
Conclusionp. 217
Indexp. 219
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9781841134055
ISBN-10: 1841134058
Audience: BAC
Format: Hardcover
Language: English
Number Of Pages: 239
Published: 18th July 2003
Country of Publication: GB
Dimensions (cm): 22.86 x 15.88  x 1.91
Weight (kg): 0.5
Edition Number: 1