Equality and Human Rights Commission

Equality Act 2010: Banning age discrimination in services, public functions and associations – a consultation on proposed exceptions

Issued by Government Equalities Office May 2011

Introduction

The Commission welcomes the opportunity of responding to this Government Equalities Office Consultation, Equality Act 2010: banning age discrimination in services, public functions and associations – a consultation on proposed exceptions to the ban. In considering our response, we have had regard primarily to our duties under Section 8(1) Equality Act 2006, which include promoting awareness and understanding of rights under the equality enactments, enforcing the equality enactments, and working towards the elimination of unlawful discrimination. We have also had regard to our duties under Section 9(1) of the Act, which require us to promote awareness, understanding and protection of human rights.

In this regard, we have taken account of the following:

• The UN Principles for Older Persons, which emphasise the need for national policies and programmes to ensure the independence, participation, care, self-fulfilment and dignity of older people.
• The General Recommendation on the Rights of Older Women adopted by the UN Committee on the Elimination of Discrimination against Women, which calls on states parties to tackle the negative impact of discrimination against older women in a number of areas including health care and to promote their full social, economic and cultural integration.
• Article 25 of the Charter of Fundamental Rights of the European Union, which provides a right for the elderly to live a life of dignity and independence and to participate in social and cultural life; and Article 21 of the Charter which states that any discrimination based on age should be prohibited, without qualification.
• Article 38 of the Charter of Fundamental Rights of the European Union which requires Union policies to ensure high levels of consumer protection; the effect of this Article is to require Member States to consider how to protect consumers from unfair discrimination.

The Commission has also taken account of the European Commission’s proposals for a horizontal equal treatment directive for goods and services. The version of this directive approved by the European Parliament and submitted to the Council of Ministers contains provisions that would outlaw age discrimination, except where differences of treatment can be objectively justified (Article 6). Although the draft Directive has so far failed to secure the unanimous approval of the Council of Ministers, we would suggest that the UK government would be wise to legislate in a manner consistent with those proposals to avoid the possibility of having to introduce new legislation further down the line if and when the directive is finally adopted.

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