Ageism in EU - Paper Example

1. Case Assessment

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1.1 Ageism and Stereotype

Within the EU, ageism qualifies as a form of favoritismdiscrimination primarily because discriminating people based on their age attacks their inner feelings of inability and hopelessness. In most modern societies within the EU, ageism relies on stereotypes of institutional practices that are established in the contemporary society. The statistics presented indicated that 20% of discriminations happened at work, another 15% in health care, another 15% in financial services and products, another 11% in education and training, the remaining 8 % in leisure and tourism. However, the first example of combination of age and gender discrimination started with Marshal Act 1986 ECR 723 where the directive prohibits female employees from compulsory engagement at work through employment policy in reaching the appropriate statutory limits. The expectations that current state will change is naturally dealt with from a common law perspective. Typical cases in the EU show that ageism grows regressively in an institutional framework, for instance, the promotion that say wrinkles and gray hair can be resolved using chemicals, shows that such people are discriminated. Another example in question, the effective retirement of employees is a case in point of ageism.

Under Article 6 of the Directive, which entitles Justification of differences of treatment on grounds of age, states at paragraph 1:

Member States may provide that differences of treatment on Under Article 6, the Directive 2000/78/EC.2000/78/EC. The Grand Chamber noted, grounds of age shall not constitute discrimination, if, within the context of national law, they are objectively and reasonably justified by a legitimate aim, including legitimate employment policy, labor market and vocational training objectives, and if the means of achieving that aim are appropriate and necessary.

1.2 Old Age

Older people are the easier targets of the discrimination. This group is seen to be less productive and occasionally slow, or even not looking presentable. In addition, some stereotypes see this team as poor performers because their skills could be outdated. Although some of these people are willing to remain productive in the workforce, they face significant stereotypes while trying to perform. A sizable number suffer mental or physical challenges. Such is noticed in the case of Reinhard Prigge and Others v Deutsche Lufthansa AG which quotes Article 4 (1) of 2000/78 that says;

Directive 2000/78 establishing a general framework for equal treatment in employment and occupation must be interpreted as precluding a clause in a collective agreement that fixes at 60 the age-limit from which pilots are considered as no longer possessing the physical capabilities to carry out their professional activity while national and international legislation fix that age at 65.

There have been cases where the court has been allowed to interact with. Pietro Maffetton presents a common boundary between a theory of justice and the law of people, where he states that it is important to understand the importance consistency in making an aging law. However, Pietro Maffetton speaks from court point of view. It is that the courts have been trying to intervene against unfair treatment of people based on age-related factors. Maffettone, arguespresents a common boundary between a theory of justice and the law of individuals, where he states that it is important to understand the importance consistency in making an aging law. Statutes, for instance, ECHR-UN covenants and a variety of EU based Human Rights have not analyzed the case of age discrimination. Others, for example, the European Convention on Human Rights help in promoting the equal opportunity and treatment through focusing on eliminating discrimination through race and religion. The need to mention language naturally relates determining age as a concept of growth.

United States is one of the major countries to have expressed interests in tackling age discrimination. For instance, the Age Discrimination Employment Act led to the protection of the people with over 40 years old. The US needed to prohibit against age discrimination by banning hiring, or termination of individuals based on age. The starting of recommendations were based on the development and the cessation of employment law.

1.2.1 Procedure

The convention of Legislation

The first strategic direction at protection on the First Worldmigration of workers was based on the UN General Assembly on ageing (1982) sought to create the Appropriate Plan of Action. Atresolution of 1990. The European Social Charter promoted the time,protection of the general worldview presumed old people as unfit person. Details such as adult, child, woman man, old,rights of children and young, persons as well as age, physical conditions, sick, able, wealthy or poor, are treated as constants.the right of the elderly people.

1.3 Problem Statement

It is clear that there lacks a general convention that protects the rights of seniors. In any case, the instruments protect against possible age discrimination that the recommendation and UN Convention (1990) through the Europe social charter. The argument is valid because under the EU, there is protection of Gender, Religion affiliation and children. Member states were unable to pass through a simple consensus of how to treat age. The setback in issues such as wording, for instance, defining the experience necessary, has failed to attract the right legal penalty. Besides, it was impossible to remove existing laws being pursued by individual member states. The Commission for Equality and Human Rights researching on the background scenario of the case has centered its genesis on the employment tribunal. Such an approach leaves a large chunk of cases to be handled by the case, based on statutes of common law, the validity of truth and justice.1.4 Research QuestionHow does Ageism and Stereotypes associated with ageism qualify as a form of prejudice?The statistics presented indicated that 20% of discriminations happened at work, another 15% in health care, another 15% in financial services and products, another 11% in education and training, the remaining 8 % in leisure and tourism. However, the first example of combination of age and gender discrimination started with Marshal Act 1986 ECR 723 where the directive prohibits female employees from compulsory engagement at work through employment policy in reaching the appropriate statutory limits. The expectations that current state will change is naturally dealt with from a common law perspective.2. Legislation Gap experiencedEffortsClearly, efforts by the court and various laws show that there lacks a proper definition of age discrimination. In any case, the courts seem to the alert the EU that there needs to be a comprehensive legislation to respond to ageism. The European Union has introduced legislations that have played a significant role in ensuring that all forms of age discrimination at places of work are mitigated and eventually brought to an end.

2.1 The Misguided Path of Employment Guidelines

The European Union Employment provides guidelines that are emphatic about supporting older workers at their places of work as way to ensure participation is increased. Protecting seniors against age discrimination are important because it encoura...