Download PDF by Sandra Fredman, Sarah Spencer: Age as an Equality Issue

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Even more problematically, the absence of substantive underpinning means that a claim of equal treatment can just as easily be met by removing a benefit from the relatively privileged group, and equalising the two parties at the lower point (levelling down), as by extending the benefit to the relatively underprivileged individual , and equalising the parties at a high point (levelling up). 65 All would then be treated equally, but equally badly. Similarly, when older men complained they were being treated less favourably than older women because the state pension age was 65 for men and 60 for women, the response was simply to raise women’s pension age to 65.

52 Art 13 EC. 53 Council Directive 2000/43/EC, 29 June 2000. 54 Council Directive 2000/79/EC, 27 November 2000. 55 Subject to a requirement of that progress is reported annually. 50 36 Sandra Fredman expressly providing that harassment is deemed to be a form of discrimination, as is an instruction to discriminate. 57 But there is no obligation to impose positive duties on public bodies or employers. This sets it apart from the newly enacted UK Race Relations Amendment Act 2000 which imposes a positive duty on employers to promote racial equality and foster good race relations.

It is true too that the major problems concern older people, making it most likely that it is this category which will constitute the major group of beneficiaries. However, age discrimination policies and legislation which deal only with older people run the risk of ignoring questions of inter-generational equity. There may nevertheless be good reasons for making specific provision for different age groups and providing specific exceptions, particularly where children are concerned. Demographic Trends Advances in health, nutrition and medical care have benefited humanity with greater average longevity.

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