Strengthening Protection for all Ages
The Equality Commission calls for the introduction of legislation that protects people of all ages against unlawful age discrimination and harassment when accessing goods, facilities and services. If introduced, this legislation will have a significant impact on addressing key inequalities which older people, young adults and children and young people face when accessing goods, facilities and services whether they are provided by the public, private and voluntary/community sectors. For example, when accessing health and social care, financial services (such as grants, loans, credit or finance or insurance) and other services (such as retail services or transport provision), or facilities for entertainment.
It is important that people of all ages do not receive an inferior service, or have access to a product, restricted simply on the basis of their age. In our proposals for reform we have made it clear that everyone, regardless of their age, has the right to be treated fairly and have the opportunity to fulfil their potential.
The Commission's full policy proposals are available in the report 'Strengthening Protection for All Ages: Ending age discrimination in the provision of goods and services':
Strengthening the rights of older people in the provision of goods facilities and services
Strengthening age discrimination legislation is in keeping with the overarching aims and objectives of the Executive’s Older People’s Strategy “Ageing in an Inclusive Society” (pdf). Notably, a key objective of the strategy is “to promote equality of opportunity for older people and their full participation in civic life and challenge ageism wherever it is found”.
The introduction of this legislation will help reduce social exclusion and improve active ageing and independent living by older people, through improved access to various services. By addressing the needs of older people in health and social care it will have a positive impact on a large number of older disabled people.
Strengthening the rights of children and young people in the provision of goods facilities and services
With regards to the inclusion of children and young people within the scope of the above legislation, the Commission considers that there is a robust case for strengthening the rights of children and young people against unlawful discrimination and harassment on the grounds of age in the provision of goods and services. We believe that the coverage of children and young people will not only promote children’s rights within Northern Ireland but also enable Northern Ireland to lead the way on an international stage on this issue.
The legislation should provide a clear legal framework within which providers can design, commission, and deliver age-appropriate services to children and young people, and ensure that there are no inappropriate or harmful barriers caused by age discrimination and that no age group is unjustly excluded from services. It should also ensure that service providers, public bodies and others proactively examine whether the restriction of services to children and young people of certain ages is justifiable. This would build on and extend the responsibilities public bodies already have under Section 75 of the Northern Ireland Act 1998 to have due regard to the need to promote equality of opportunity on the grounds of age when carrying out their functions.
This new legislation could help challenge negative stereotypes and prejudicial attitudes, as well as harassment and ageist behaviour towards children and young people by service providers and others. For example, as a result of stereotypical negative attitudes towards young people as anti-social trouble makers, their access to services is sometimes denied or restricted; this includes, being harassed by service providers because they are a young person, or being subjected to the indiscriminate access restrictions or unjustifiable use of Mosquito devices by a number of retailers . In addition, there is clear evidence that children and young people experience difficulties in accessing age–appropriate health and social care services (including mental health services).
The Commission understands children of different ages have different needs and levels of maturity and it is essential that services are targeted to meet those needs. The legislation should allow for that and provide for treating them differently, where there are beneficial or justifiable reasons for doing so. It could include specific exceptions, allowing service providers to take positive action to address disadvantage, for example, permitting age based concessions for children and young people.
The Equality Commission considers that its recommendations are clearly in line with the draft European Commission Directive to outlaw discrimination in the provision of goods, facilities and services. The draft Directive did not contain an exception in this area excluding children and young people from protection against age discrimination. The Equality Commission’s is also of the view that its recommendations are in line with the UK Government’s international obligations , including those under the UN Convention of the Rights of the Child (UNCRC) and the approach adopted elsewhere. For example, children and young people have been protected from age discrimination in the provision of goods and services in Australia since 2004 under the Age Discrimination Act 2004.
The Commission considers that its recommendations are in line with the current commitments set out in the OFMDFM Strategy for Children and Young People which pledges ‘a drive towards a culture which respects and progresses the rights of the child or young person’, and with the Executive’s proposals to improve the lives of children and young people through the Delivering Social Change Framework.
Equality Commission, 8 March 2013 (for the debate in the Northern Ireland Assembly, 11 March 2013)
Strengthening age discrimination legislation for older people in the provision of services is in keeping with the overarching aims and objectives of the NI Executive’s Older People’s Strategy 'Ageing in an Inclusive Society' (pdf). Notably, a key objective of the strategy is “to promote equality of opportunity for older people and their full participation in civic life and challenge ageism wherever it is found”.
The introduction of this legislation will help reduce social exclusion and improve active ageing and independent living by older people, through improved access to various services. By addressing the needs of older people in health and social care it will have a positive impact on a large number of older disabled people.
Latest research on barriers, negative attitudes and potential discrimination
Our publication 'Strengthening protection for all ages against age discrimination outside the workplace' (pdf, 2014) supports our proposals for law reform and demonstrates how gaps in current age equality legislation impact on the everyday lives of older people. It sets out a range of case studies to highlight examples of potential age discrimination experienced by older people when accessing health and social care, financial services and other services such as retail. The report also illustrates examples of the general barriers and negative attitudes experienced by older people when accessing services.
In 2008 we commissioned a report Older People's Access to Financial Services (pdf), highlighting some of the problems faced by older people when accessing financial services. The report identified a number of areas of concern including: age limits being applied on car and travel insurance and credit and consequent debt problems with people from lower socio economic groups often being pushed to less well regulated sources.
NOTE: Proposals for exceptions to age discrimination in goods, facilities and services often rely on citation of actuarial factors. This means factors such as the age, sex, and disability level distribution of the population and any other relevant factors that have a significant effect on the level of utilisation and cost of services. Differences in premiums and benefits would have to be based on the use of age as a factor in the assessment of risk based purely on relevant and accurate actuarial and statistical data; compiled, published and regularly updated in accordance with guidance issued by the Treasury and any differences would have to be proportionate with regard to that data.
The Equality Commission and the NI Commissioner for Children and Young People
(NICCY) believe that people of all ages, including children and young people, should be protected against unlawful age discrimination and harassment when accessing goods, facilities and services, for example, health care, education or financial services.
The Commission welcomed the public consultation on OFMdFM's announcement to extend age discrimination legislation to people aged 16 or over. We were disappointed that this did not include children and young people; excluding under 16's from the legislation will leave them with no protection against age discrimination and could affect many vulnerable young people's ability to access services.
- We recognise that there are situations in which it is appropriate to treat adults and children differently
We recommend that the law should allow for that and provide for treating them differently, where there are good, justifiable reasons for doing so. The law should also include a number of specific exceptions.
- Legislation should provide a clear legal framework
The law should provide a clear framework within which providers can design, commission and deliver age-appropriate services to children and young people. It should ensure that there are no inappropriate or harmful barriers caused by age discrimination and that no age group is unjustly excluded from services. Service providers, public bodies and others proactively examine whether the restriction of services to children and young people of certain ages is justifiable. This would build on and extend the responsibilities public bodies already have under Section 75 of the Northern Ireland Act to have due regard to the need to promote equality of opportunity on the grounds of age when carrying out their functions.
- Children of different ages have different needs
We understand that children of different ages have different needs and levels of maturity and it is essential that services are targeted to meet those needs. The legislation should allow for that and provide for treating them differently, where there are beneficial or justifiable reasons for doing so. It could include specific exceptions, allowing service providers to take positive action to address disadvantage, for example, permitting age based concessions for children and young people.
View our full policy proposals on Strengthening Protection for Children and Young People:
Our recommendations for reform were informed by a range of considerations, including an expert paper from Robin Allen QC and Dee Masters BL: In the matter of the rights of children and young people and proposed legislation in Northern Ireland to protect against age discrimination in the provision of goods facilities and services (April 2013):