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Strengthening Protection for all Ages Dee Masters BL 27 August 2015.

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Presentation on theme: "Strengthening Protection for all Ages Dee Masters BL 27 August 2015."— Presentation transcript:

1 Strengthening Protection for all Ages Dee Masters BL 27 August 2015

2 Case for change

3 Objectives

4 Comparable situations should be treated in the same way Hurdles = special treatment Objective justification E.g. 20% of people under 24 are unemployed compared to 4% of 25 to 49 year olds What is equality?

5 Overview of the proposed legislation Structure broadly consistent with the principle of equality BUT – limitations: Under 16’s are excluded Too many exceptions Some exceptions too broad

6 Definition of “age” “65 years old”, “over 65”, “pensioners”, “older people”, “the elderly” Perceived age Discrimination by association

7 Scope Goods, facilities, services Charities Education Health and social care Public functions Selling, letting or managing premises unless purely private

8 Education

9 Types of discrimination Direct Indirect Harassment Victimisation Discriminatory behaviour after a relationship has come to an end Advertisements which evince intention to discriminate Instructions / pressure to discriminate

10 Suitable exceptions Positive action Charities Non-charities Existing legislation Age restricted products Competitive activities Ad hoc exceptions

11 Objective justification defence Legitimate aim Real need Proportionality e.g. holiday company believes increased risk to damage where groups of people under 21 rent them e.g. education provider receives a large donation for the purpose of improving reading in people under 18

12 Problematic exceptions Age-related holidays Residential park homes Home, family and private life Age-based concessions Financial services

13 Exclusion of U16’s United Nation Convention on the Rights of the Child Exclusion contrary to equality S.75 of the Northern Ireland Act 1998 Illogical Evidence Normative effect

14 Special treatment of children and young people Maturity Economic independence Relative economic hardship Safety Special needs Children need protection and not exclusion

15 Conclusion

16 Follow up deemasters@cloisters.com


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