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Champions for Older
People
Recent developments in Age Discrimination issues in Europe
Richard Baker
National Development ManagerAge Concern England
ChairAnti-discrimination Expert Group
AGE
NIESR, LondonSeptember 29 2005
Champions for Older
People
Introducing Age Concern and AGE
• Age Concern
– England wide Federation of 420 charitable organisations – NGO’s
– Range of functions – influencing, services, development, representation and advocacy
– Sister organisations in Scotland, Wales and Northern Ireland
• AGE
– European Federation of National and Regional organisations
– 150 organisations across EU25 plus Norway and Candidate countries and European age networks
– Influencing, stimulation of collaboration at EU level, development of member organisations
Champions for Older
People
Presentation framework
• Age and European policy
• Age discrimination – European action
• Impacts across EU 25
• Emerging issues
• New developments
Champions for Older
People
Age and European policy – the demographic challenge
• Older population
– Longer life
– Lower fertility
– Stable overall population numbers
– Baby boomers – changing expectations
• Changing population
– Enlargement
– Freedom of movement and migration
– Diversity
• Regional diversity in trends
Champions for Older
People
Older Europe
Champions for Older
People
The current European agenda on age
• Opportunities and challenges of ageing
– Economic development and employment of older workers
– Inclusion and anti-discrimination
– Pensions
– Health
– Broad impact on public finances – ECOFIN reports
Champions for Older
People
The age issue – European targets
• Lisbon strategy (2000) – key driver for European economic development and social inclusion
• High levels of employment and economic contribution
• Europe-wide targets for older workers by 2010
– 50% employment rate for people aged 55 to 64
– 5 year increase in the average age of labour market exit.
• Key issues – Kok report
– Jobs
– Skills
– Discrimination
Champions for Older
People
Current performance
Champions for Older
People
European timetable on age discrimination
• 1957 - Treaty of Rome
• 1997 - Treaty of Amsterdam – article 13
• 2000 - Race Directive, Employment Directive, Community Action programme
• 2003 – Transposition deadline for Directives unless delay sought
• 2004 – New members join EU – adopt acquis communitaire
• 2006 – Final deadline for transposition
Champions for Older
People
The impact of Age Discrimination
• Economic costs – UK estimates range from £16 to £31 billion per annum in reduced output
• Loss of Government revenue and increased benefits – UK estimates of £3 to £5 billion per annum
• Adding to impact of increasing ‘dependency’ ratio - those drawing from public funds to those contributing – for EU rise from 24-27% between 2000 and 2010
• Long term social exclusion and poverty amongst older people disconnected from work and society
• For individuals - exclusion from work, denials of treatment, goods and services
• Failure to maximise productive resource to wider society - volunteering, caring, family support, social enterprise
Champions for Older
People
The Employment Directive
• Definitions
– Direct, Indirect, Harrassment, Victimisation, Instructions
• Scope
– Access to employment and training, Terms and conditions, Membership of TU’s
• Exemptions
– Genuine Occupational Requirements, Positive Action, Exemptions
• Consultation and promotion
Champions for Older
People
Evaluating the Directive
• Concerns
– Restricted scope
– Weak provisions – e.g no requirement for Equality bodies
– Exemptions and loopholes
• Positive effects
– Bans age discrimination in employment
– Part of approach to strategic issue
– Platform for wider debate about age discrimination
– Interface with broader equality agenda
Champions for Older
People
Achieving Age Equality
Integrated strategy
Legislation
Culture change Services
Champions for Older
People
Slow early progress on Directive – AGE Annual reports
• December 2003 – transposition deadline
– 4 states transposed
– 3 sought delay
– 8 failed to transpose or seek delay• December 2004
– Still patchy but more progress
– Infringement proceedings
– Interesting developments in some states
• Cross –cutting approaches
• Varied practice on consultation
• Inadequate focus on article 6
– Situation in 10 new members similar to EU 15
Champions for Older
People
AGE Annual Report 2005• Most countries now transposed or close to transposition
– Estonia and Greece awaited
– Germany, Sweden and UK legally delayed
• Some interesting cross-strand equality initiatives
– Existing – Ireland, Belgium
– New – Lithuania, Hungary, Sweden, UK emerging
• Integration of anti-discrimination into wider ageing or active ageing strategies
– UK, France, Czech Republic
• Some sub-national initiatives dependent on political systems
– North Rhine Westphalia, Wales, Prabant
• Specific issues and cases
– Real issues about article 6
• inadequate policy analysis
• Extension to social protection systems
• Heyday challenge to UK transposition
– Cross-strand cases – Rutherford in the UK
– Post Directive cases - Mangold v Rudiger Helm in Germany
– Challenge to lower age limit for Presidency in Lithuania!
– High proportion of age cases in total equality workload for Commissions – eg 30% in Lithuania and the Netherlands, 51 in first year in France
Champions for Older
People
Looking forward – the evolving European age agenda
• Continuing focus on employment of older workers
– Kok report
– EU employment strategy
• Impact of ageing on public finances – ECOFIN reports
• Ageing and regional economic development – Cohesion policy
• European Commission lead debate on demographic change – green paper in 2005
– Life-course approach
– Inter-generationalism
– Economic and social contributions
• Open co-ordinations on health and pensions
Champions for Older
People
Looking forward - Ageing and the wider equality agenda • European populations becoming older and more diverse
– Older population diversifying
• Older people face discrimination
– Age
– Other reasons – eg women’s pensions, isolation due to race and migration, language
• Some interest in increasing debate
– Causes of disadvantage and discrimination
– Multiple discrimination
– Human rights – life, family, health, employment
– Interest in unified equality and diversity agenda
• Need for legal framework
• Narrative on equality
• But political context at EU level not conducive for development
– Mainstream agenda focused on economic and political issues
– Disconnect between equality and mainstream agenda
– Unanimity required in Council on article 13
Champions for Older
People
What coming up – Europe and equality• 2000-2006 programming period concluding
– Conference and progress reports – 27/28 November
• European Commission Green Paper on Equality actions – June 2004
– Enlargement – race, Roma, migration, employment
– Lisbon – growth and employment
– Age – Focus on Employment but noted wider concerns
• Report back on Green Paper – Den Haag – November 2004 proposed
– EU mapping study on national legislative arrangements – reporting 2007
– European Year of Equal Opportunities – 2007
• Platform for further action?
Champions for Older
People
NGO future actions
• Continuing focus on quality of Employment Directive
– Use of case law and legal challenges
– Building awareness and access to rights
• Broadening the agenda in Europe
– Age discrimination in goods, facilities and services
– Proposal for a draft Directive
– Multiple identity and discrimination
– Promoting equality machinery
Champions for Older
People
Conclusions• Ageing increasingly high on EU agenda as a cross-
cutting theme for policy
• Key interactions with high level European priorities
– Employment, economic development and budget impacts
– Inclusion issues
– Underperformance on key targets
• Employment Directive has lead to step change in anti-discrimination agenda
– Ongoing challenges in implementation
– High levels of cases - ongoing refinement likely
• Debate on next steps developing
– Scope for further change long term and incremental
– Need to continue to make connections between agendas and narratives
– Can Europe respond?