The Prohibition of Age Discrimination in Labor Relations

Abstract

Age discrimination has increased significantly in light of the aging population in many countries. When individuals or groups are treated differently on grounds of age it is often based on generalized assumptions or on the fact that competing age groups presume they gain an advantage from excluding other groups. Use of age as a representative for other characteristics may serve economic objectives but nevertheless is questionable from a human rights perspective. Economic efficiency does not always demand use of such a representative. The countries surveyed in this report, in general, prohibit age discrimination by statute. The countries define protected age groups differently. Those in employment relationships are typically the protected group. For most countries, direct or indirect differentiation based on age is the forbidden type of discrimination. Exemptions from the prohibition on age discrimination are widespread. A variety of enforcement mechanisms exist. States provide a broad array of sanctions, including criminal sanctions, administrative fees, civil law types of remedies, and some form of damages compensating for injury.