Report Highlights Discrimination Against Older People

Main Category: Seniors / Aging
Article Date: 14 Mar 2009 - 1:00 PDT

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A report from the Changing Ageing Partnership (CAP) reveals that Northern Ireland is out of line with other countries in terms of laws protecting older people.

Northern Ireland does not have a law to protect older people against discrimination when they are accessing goods, facilities and services.

The research, by Ms Lisa Glennon and Professor Brice Dickson from the School of Law at Queen's University Belfast, recommends that the law should be amended to operate in a similar way to laws regarding discrimination on the basis of gender or race. As it stands, the absence of legal protection for older people who are discriminated against on the basis of their age means they are not entitled to make a claim in a county court, access legal aid (if financially eligible), or demand compensation.

The report suggests that, in the field of health and social care, exceptions should be based only on clinical and welfare need, not age. For example, a decision on whether to provide a patient with medical treatment should not be based on the patient's age, but on whether their health is good enough to withstand the treatment.

Similarly, with regard to insurance, exceptions should be based on facts or statistical evidence which are publicly available. For example, the cost of motor insurance should not go up just because the applicant is of a certain age. Rather, it should depend on whether there is hard evidence to show that people of that age are more accident prone.

Brice Dickson, Director of the Human Rights Centre at the School of Law at Queen's, said: "We recommend that the law of Northern Ireland should be reformed in a way that makes it fairer and more respectful of older people's right to be treated with dignity. Any exceptions allowing discrimination against older people will have to be very specifically worded and fully justified."

Lisa Glennon from the School of Law added: "We also recommend that exceptions should be made to permit discrimination in favour of older people whenever these are based on clearly identified goals which will benefit society as a whole. We want to maintain the lawfulness of the preferential treatment which both younger and older people receive in certain areas, such as concessionary entrance rates and free bus passes."

Bill Carson, Chair of Age Sector Platform, welcomed the launch of the research, commenting: "Our members have stated loud and clear that continuing age discrimination in 2009 is unacceptable. They have outlined the barriers they face in trying to get affordable car or travel insurance or access to health and social care that meets their needs.

"We urge the Northern Ireland Assembly to consider these research findings and to establish equality legislation which features protection for older people in Northern Ireland as an immediate action. Older people can no longer be treated like second class citizens."

Queen's University, Belfast
http://www.qub.ac.uk