Blog by Kathryn Barr, Senior Policy Officer, Equality Commission NI






 

Northern Ireland is the only place in the UK or Ireland where there is no age discrimination protection outside of employment or further/ higher education.
Currently, people who are treated unfairly because of their age when accessing goods, facilities or services have no way to challenge this through anti-discrimination laws.

But we have an opportunity to try and change this.

A private member’s bill brought forward by Claire Sugden MLA is currently open for consultation until 20 June. This proposed legislation aims to finally tackle the gap in our equality laws and give people of all ages the right to challenge age-based discrimination.

Why we need improved age discrimination protection
In Great Britain and in Ireland, older people already have protection from age-based discrimination. Northern Ireland has an opportunity to go further. We are calling for law makers to follow the example of countries like Belgium, Australia and Canada which have taken action to safeguard both younger and older age groups.

Improve rights for older people

People should not be denied healthcare on the grounds of age

With services under pressure, otherwise fit and healthy older people could find themselves being denied life-saving treatment. Older people also feel that their health concerns are put down to aging and are not properly investigated. Under the current legislation, there is no option for them to challenge these potentially life-changing decisions in court through anti-discrimination legislation

Services should not be inaccessible to older people

Some older people may struggle to access banks and other services which are exclusively online, sometimes with a lack of alternatives for those who are not computer literate. Cheaper offers may only be available online, meaning that older people can disproportionately miss out.

Improve protection for young people

Young people should not be denied access to shops and services

Children and young people are often unfairly excluded from shops or services based solely on negative stereotypes.

The use of devices that make a high-pitched ringing which adults can’t hear, but which causes discomfort to children and young people, is an unfair blanket punishment.

Children and young people should be able to access age-appropriate health and social care services

Children and young people can have difficulties accessing age appropriate services, and may end up receiving an inferior service compared to other age groups.

These groups are currently not able to use equality legislation to challenge doctors who don’t investigate a health complaint simply because of age, nor a health professional who treats them in a humiliating way due to their age.
When age discrimination can be justified

Sometimes it is appropriate to treat people differently because of their age. In Northern Ireland, even with comprehensive age goods, facilities and services legislation, we would still expect there to be, for example:
 

• Concessionary travel rates for younger and older people
• Age-based health services such as vaccinations
• Age restrictions for tobacco and alcohol purchases
• A minimum age for marriage
• A minimum age for registering to vote

The new legislation should allow such different treatment, where this is justifiable, proportionate, and it would help achieve a social policy aim. For example, providing a service aimed at tackling social isolation in particular age groups would seemingly be in the public interest, and so would likely be considered justifiable.

We recommend that this new legislation would not override any laws which impose age limits. The legislation should also allow for other specific exceptions to the law where there is good reason, such as allowing charities to appropriately target their work at particular age groups. Exceptions should always be objective and in the best interests of the group in question.

What effective age discrimination legislation will mean

Effective age discrimination legislation in Northern Ireland will mean people of all ages will be protected from unjustifiable discrimination, harassment and victimisation.

The legislation should cover a wide range of goods, facilities and services, which means that people will have the right to access things like transport facilities, entertainment, healthcare and financial services without being discriminated against solely because of their age.

By adopting this approach, Northern Ireland would set a better standard for age equality, addressing the unique challenges faced by young people while enhancing protection from discrimination for older people.

You can help progress strong and effective protections against age discrimination by responding to the consultation by 20^th June.