ihc pervasiveness <>l ageism, Again, there were miIisi.iiiu.iI differences hetween
cor......es. Poi example, 47% ol respondents from the Netherlands but only
24% from Hungary reported receiving unfair treatment because of age. Ageism was more olten experienced as being patronised or ignored (39%) than directly insulted or abused (29%).
Figure 8.1: Percentage of respondents from different countries in the European Social Survey who regard age discrimination to be a quite serious or very serious problem, 2008
70
60
50 -
40
30 -
20
10
63 M
51 52
u    c -a
£   ä 3
i f
Source: European Social Survey (Abrams et al,201 la).
These results are echoed by the European Commissions third Eurobaromciei survey (2009) on attitudes to discrimination in the EU. Eurobarometer - with I sample of26,756 people interviewed in 30 countries - tracks perceptions of people in Europe towards different forms of discrimination and diversity.The absolute proportions of people reporting any type of discrimination are much lower than those in the ESS as a result of differences in question wording. However, as Ifl earlier Eurobarometer surveys in 2007 and 2008, age discrimination was repi irted by more people than any other type of discrimination. In keeping with the I'SS il.it.i.the Iairobarometer evidence also shows tli.it almost .is many people peri i i< i age discrimination to be widespread .is eilinn discrimination. Moreover, then
hat been .i disproportionate in< reaie s.....      •■•<>:; In the n.....bei ol people wlm
l omidei thai there is widespread dim i i......stioil bust li on .t|',e (up Id percental
points since !0(IH rnmpurnl with an increase of 8 pen entire points lot disability;
no change lorell......t\,.uid dei i eases oil percentage points lor sexual oi ieni.it ion
and 3 pen entagi point! fol religion) (see Figure 8.2).
Figure 8.2: Perceptions of discrimination on the basis of age and other criteria, EU, 2009
52
QEI Perception of discrimination on the basis of...
... Ethnic origin 2009 2008
...Age 2009
2008
... Disability
2009
2008
. Sexual orientation
2009
2008
... Gender
2009
2008
... Religion or belief
2009 2008
Rare
Widespread
32
33
37			
			42
49
41			
			41
43 I 41
S3
56
35 51
SI
Source: Eurobarometer (European Union, 2009).
Capturing pervasive social attitudes and expectations about work and ftp I
helpful in highlighting the potential value of anti-discriminatory employ.......
legislation. For instance, in the 2008 ESS, 51% of respondents, and particularly those aged 50-64 (57%), were concerned that employers would show preferem i to people in their 20s. On average, people viewed a suitably qualified 30 ve.n old to be more acceptable as an employee than an equally qualified 70 yeai old Ami 57% of people perceived those aged over 70 years as contributing Little CO thell national economy. Such views vary sharply between nations, for example, wink lewer than 15% of UK respondents viewed people over 70 .is plat ing a burdtn on health services, the respective proportion was 50% in the Czech Keptiblit (Abrams el al, !01 lb)
32
I Mini rxi fusion In i/ii fusion iii 11/1/ d«r
|/|M l.lllll.lllll.ll
I"
These data highlight three key p<mils. I irst,ageism is pen eived .uul expei ieni ed u a widespread and set ioui problem in Europe, Second, it is more likely to cake
subtle "i indirect than direi I and hostile tonus. Third, there are large v.u iations among countries, showing that ageism is strongly inHuenccd by legislative, cultural .uul other factors; that is,ageism is something that can, in principle,be challenged and reduced.
EU legal framework for combating age discrimination and exclusion
I laving identified ageism as representing a source of age discrimination and exclusion, and as something that can be challenged by appropriate policy measures, we now examine the ways in which the EU has sought to address these issues. In this respect, it is helpful to begin by noting the differences that exist between age-based discrimination on the one hand, and discrimination affecting other social groups such as women, children or people with disabilities on the other (Kite and Wagner, 2004).Two main sources of difference can be identified. First, ageing is a process embedded in a lifetime and the great majority of people born today can now expect to reach old age. As a result, ageing might be associated with a cumulative process of discrimination throughout the life course.This distinguishes it from other forms of discrimination. Moreover, where ageing intersects with other disadvantageous social positions, outcomes may be particularly challenging. Women, for example, may experience a lifetime of gender-based discrimination, which bears serious consequences in old age. They may have been denied an education as girls, forced into non-paid labour in their youth, married young, denied their reproductive rights, subjected to physical and/or sexual violence, unable to have an independent economic life with a bank account and assets, and denied multiple rights such as paid work and inheritance rights as an older widow. They may, hence, be destined to spend their old age in poverty, excluded from their fundamental human rights.
Second, unlike other types of discrimination, such as racism or sexism, under some circumstances, and in particular nations, age discrimination can be officially sanctioned. Examples include policies that encourage early retirement, as was the case in Europe for much of the 1990s. Similarly, employers may be permitted to discriminate on the basis of age if they can demonstrate that age differentiation is a legitimate aim - for example, when jobs require particular competencies, such as specific technological skills, which are less prevalent in the older age group because of a cohort effect.
These features of age-related discrimination highlight the need for'evidence bated legislation' (Jones, 2009), at European and international level, to prevent age discrimination and to ensure equal iir.lii'. loi. and eliminate harmful practices against, oldei persons (Age UK SOU) I'Ins might explain why agi dis, i tiiiiii.iti*has been the first feature to be illi hided in rei enl European legal directives,pi.....ularly on employment,Whlli 11,11  1 1,1 mrveys and experimental
research can deiiuiiiMi.ilc ilic oveiall inipai 1 ol ageism on individuals' lives, 11 in also net ess.ii v to generate 1 leai and vivid case studies to exemplify the tnultipli and cumulative 1 Otuequences ol the violation of older persons' human 1 ighli in terms of such negative outcomes as exclusion, reduced quality of life, ill health and poverty (Fromont, 2001; Niveau and Dang, 2008). In his later work, T< ti 1 Townsend (2007) drew heavily on such case studies to argue for a human right based approach to addressing disadvantage in later life.
In the EU, age discrimination is most often used as a legal term, lis del 11 m.....
and description are embedded in European anti-discrimination legislate in which is one of the most extensive in the world (Sargeant, 2008). In considei ing th<
ways in which the EU has grappled with the issue of age disci i............. thl
European experience provides an example of how a wider interna tioi tal rrameworl
might be developed. In addition to the EU Directives, outlined later, tl....."
several other provisions that recognise the specific vulnerability of oldei |......I
and call on European nations to take measures to protect ageing adults. Vii d
through the lens of social exclusion, such measures tend to emphasise the.....I to
provide ageing adults with sufficient material and social resources, and with i- •
to appropriate support and services, to enable their continued p.uiu ipatii......
society. For example, the Council of Europe's (1996) European social chattel (rtvittd) recognises 'the right of elderly persons to social protection' (Article 23), and 1 all-, on European states to adopt or encourage appropriate measures to:
1. enable elderly persons to remain full members of society for as long as possibli
2. enable elderly persons to choose their lifestyle freely and to lead independent lives in their familiar surroundings for as long as they wish and are able; am I
3. guarantee elderly persons living in institutions appropriate support, whili respecting their privacy, and participation in decisions concerning living conditions in the institutions.
Within the EU, the most recent reinforcement of fundamental right! and non-discrimination came in 2000 with the proclamation of the 'Chattel 0) Fundamental Rights'. Article 21 of the Charter:
prohibits discrimination.on any ground such as sex, race, colour, el linn or social origin, genetic features, language, religion or belief, politii il or any other opinion, membership of a national minority, properly, birth, disability, age or sexual orientation and also discrimination on the grounds of nationality. (European Union, 2000)
Also in 2000, the EU adopted two far-reaching laws to combal dit.........1 itioll
in the workplace.'These laws - termed Directives within the EI I conti   1 ho
since been incorporated into Article 19 of the 2009 Treaty ol I isl..... wlllijl
forms the constitutional base of die Huropean Union. First, the liniplo).......
Equality Directive (2000 78) protects evei yone in the EU from dim......1 Ml Ion
■
.mil represented the fust spei Hk m knowledgemenl ol age. Undei the I >n<-< live, age is granted cqii.il status to olliei loiins of discrimination based on gender, 1,1, 1,1ethnic origin, religion or belief, disability, or sexuaJ orientation. Article 2 mI the I Hrective is explicit about the concept of discrimination drawing on the principle of equal treatment', particularly in relation to employment: 'The pi inciple of equal treatment for men and women whatever their age as regards access to employment, including promotion, and to vocational training and as regards working conditions and social security'.
Second, the Racial Equality Directive (2000/43) was introduced (European Commission, 2000b).Alongside the Employment Equality Directive, this identifies four forms of prohibited discrimination. In addition to outlawing harassment -conduct that has the 'purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment' (European Union, 2009) - and instructions to discriminate, both direct and indirect forms of discrimination are prohibited. Direct discrimination occurs when a person is treated less well, in comparison with someone else, because of his or her racial or ethnic origin, religion or belief, disability, age, or sexual orientation.This might arise, for example, when an employer refuses to hire suitably qualified people simply because they are of a certain age, or when an employer specifies in a job advert that only young people should apply even though the job in question could be done perfectly well by an older person. Indirect discrimination reflects a situation in which an apparently neutral specification, criterion or practice would disadvantage people on the grounds of racial or ethnic origin, religion or belief, disability, age, or sexual orientation unless the practice can be objectively justified by a legitimate aim. An example of such discrimination would be when a company insists that all those applying for jobs have a driving licence even though this is not a core requirement for doing the job.This might prevent some people who do not drive (including those who are older or have disabilities that prevent them from driving) from securing the job.
It is interesting to note that the first area in which application of the EU's Charter of Fundamental Rights has been successfully implemented is that of work and employment.The Employment and Equality Regulations have inspired new age discrimination legislation in all EU member states, including Ireland (1998), Denmark (2004) and the UK (2006). Building on the new regulations, several countries have also passed anti-discrimination acts and equal opportunity laws or have either adapted, or are in the process of adapting, their national constitutions (eg Germany, Greece and Lithuania). While Hungary and the Netherlands now have dedicated anti-discrimination and/or equal treatment authorities, Cyprus and Austria have introduced an ombudsperson for equal treatment and are prcp.ii ing lor the establishment of a monitoring and advisory olli. c mi age discrimination (UNIiCF., 2008). Despite the progress nu.le, iIn- OUt( "incs vary across countries and protection in a range of areas requires nioir development,
( )l course, many practical difficulties ,u ise u hi ll implementing a rights based polo y approach to age disci iiniii.ition Thice key lessons have been learnt from I
range ol i oiiuii ies aboul this expei ien< e. First, legislation by itsell is in idi qn iti
in bringing abotll < lunges in behaviour, and attitude < lunge i:......        i.il !.....n.l
legislation can only help to change attitudes when it is combined with empli education and other policies to promote equal rights for older workers I hlrtl eradicating ageist employment practices is a'long-term process'.
Moreover, in the EU context, even though direct and indue. i foi ma Ol indiscrimination are now contrary to law - following the Employment Etlll llll
Directive (2000/78) referred to earlier - there are gaps in the legiala......        I 01
example, Article 6 of the Directive permits a justification for dii.......Imtl.....
where, in the context of national law, it is 'objectively and reasonabl) ....... I
by a legitimate aim, including legitimate employment policy, laboill mail I
and vocational training objectives, and if the means of achieving th ll .......
appropriate and necessary'.
A case heardin 2009at the European Court ofjustice (ECJ) cone ei ii. ill. .   i, m
to which this justification permits an employer to treat workers differenth |..... I'
on the grounds of age (McKay, 2009).The case raised the issue of retirement In relation to age discrimination leading to the ECJ ruling that there can be iumiIi .11
reasons for dismissing workers on account of their age and that this wi illld .....
necessarily infringe EU law. The case concerned the Incorporated Trustl I the National Council on Ageing (Age Concern England) vs. Secretary ol Si iti for Business, Enterprise and Regulatory Reform (Case C-388/07). ll .ul.lc ., I the UK's age discrimination legislation, which specifically permits employ! n
to dismiss their employees at the age of 65 years without such treatment I.....
regarded as discriminatory.The National Council onAgeing,a charity p............
the well-being of older people, challenged the legality of the UK legislal......
being contrary to Directive 2000/78, arguing that the country's legisli.......        I ■ .. I
failed to specify the kinds of differences in treatment that would be justified undoi an Article 6 exemption. In ruling against the National Council on Ageing, thi
ECJ stated that there was no requirement to specify these differences in n.........I
law. Provided that the national courts in EU member states determined th ll the legislation at issue was consistent with a legitimate aim, as highlighti .1 >>. Article 6, and that the means chosen were appropriate and necessary l<> leluevi that aim, the law was deemed to be in compliance with Directive 20(10/ I ■
This recent case shows that age discrimination - a key element of the ex< lu loll
of older people from the labour market and, more broadly, from access to in,......I
resources - continues to be a matter of concern despite progressive legia] itli in Even in the EU, where age discrimination legislation is relatively well developed I", international standards, a strong case can be made for sugiHsiui!', lb.n more ni ■ d to be accomplished if age equality in all activities and policies is to be m hii " i
The need for an international human rights framework
In international terms, I he I'll el fort to develop a legislative li.ini.w. irk In |........
the rights ol oldet < iti/eus, especially in relation to employment, is unique I hit