Ålder - en ny och komplex diskrimineringsgrund
AgeDiscriminationElderlyDemographyGreat BritainJuridical scienceRättsvetenskapJuridikLaw and Political Science
Age is one of two new discriminatory grounds in Swedish law. EU took official position against age discrimination by means of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. From January the 1st 2009 it is, by Diskrimineringslag (2008:567), illegal in Sweden to discriminate anyone based on age. The law covers all age groups and is applicable to various fields in society. Age differ from other discriminatory grounds since everyone has an age. Unlike ethnic discrimination, for example, where the person who is subject to discrimination is a minority, everyone has an age and gets older. The population in Sweden ages and the proportion elderly grows larger. Taking that into consideration: how should age discrimination be defined? When is an age limit acceptable? What effect can the law against age discrimination have? In Great Britain a law against age discrimination has been in force since 2006. The law covers all age groups but is applicable only within working life. Simultaneously with age discrimination becoming prohibited in Sweden, rules still exist in Employment Protection Act (1982:80), making it possible for employers to force employees at 67 years of age to retire. Why should elderly employees have to accept loosing their protection of employment? The purpose of this thesis is to examine whether Swedish law regarding age discrimination is compatible with EC law. To give this thesis a further perspective discrimination law regarding age in Sweden and Great Britain is compared. Hopefully Diskrimineringslag (2008:567) will result in a better access to the labour market for age groups that are discriminated today, a debate regarding age discrimination and a serious approach to age discrimination. The conclusion of this thesis is that Sweden expresses clearer than Great Britain that age discrimination is prohibited, mainly since the law in Great Britain only is applicable to working life.