Centre for Policy on Ageing
 

 

Age discrimination and European law
 — fundamental rights and anti-discrimination
Author(s)Colm O'Cinneide
Corporate AuthorUnit D.3, Directorate-General for Employment, Social Affairs and Equal Oportunities, European Commission
PublisherOffice for Official Publications of the EU, Luxembourg, April 2005
Pages59 pp (Employment and social affairs: fundamental rights and anti-discrimination
SourceDownload (October 2007): http://ec.europa.eu/employment_social/publications...
KeywordsAgeism ; Law ; European Union ; Europe.
AnnotationColm O'Cinneide drafted the text of this report on the authority of the European Network of Legal Experts in the non-discrimination field (on the grounds of Race or Ethnic origin, Age, Disability, Religion or Belief and Sexual Orientation), managed by the Human European Consultancy and the Migration Policy Group. The report is arranged in three sections. Part I considers age and the Framework Equality Directive. Part II, on direct and indirect discrimination, looks at issues including age as a "material factor", inferring direct discrimination, and establishing "disadvantage". Part III, on limitations and derogations, considers matters such as: justifying age discrimination; exemptions; age as a genuine occupational requirement ('GOR'); necessity and proportionality; positive action and the protection of disadvantaged groups; retirement ages; employment rights; pensions and insurance; and experience and seniority-based practices. In all, the issues raised point towards the need for EU Member States to take age discrimination seriously, and to be prepared to carry out comprehensive assessment of their policies and legislation in order to accommodate the Directive's requirements into their respective national legal systems. (RH).
Accession NumberCPA-071217202 E
ClassmarkB:TOB: VR: WFC: 74

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