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Age, sex and human rights

There was quite a buzz in the press recently about proposed changes to our Human Rights Act. The subject of whether or not sexual orientation will be included as a ground of discrimination grabbed the headlines.

Absent from the discussion was any mention of age being included in an amended Act, yet we will all grow old at least, we hope so and age discrimination is alive and well in our society. Is this because sex sells, and sexual orientation is 'sexy', while age is not?

In 2007 the Department of Human Affairs engaged in a process of public consultation on proposed changes to the Bermuda Human Rights Act (1981).

At that time the Bermuda Council on Ageing made a written submission arguing for age to be included as a ground of discrimination. The submission was very well received. In fact, the recommendation was described by the lawyers conducting the review as a 'no-brainer'. A follow-up letter advised that, indeed, age would be recommended for inclusion in the amended Act.

What has happened to this recommendation? Will age be included as a ground of discrimination? If not, why not? Why is this important? And perhaps even more significant, why hasn't this drawn the attention of the Human Rights Commission who championed inclusion of sexual orientation, or the attention of the media?

Age discrimination is pervasive in everyday life, in advertising of products, in describing target markets and in the marginalisation of older persons. But nowhere is age discrimination more obvious than in the workplace.

According to Laurie South, the chief executive of PRIME, a UK charity that helps older workers start their own businesses, "nearly one person in three in the United Kingdom between the ages of 50 and 65 is unemployed, and this percentage is growing in the current recession".

He goes on to say that "if you are made redundant at the age of 45 and do not get a job immediately, your chances of ever being an employee again are one in ten". These are frightening numbers.

They also mean that discrimination in the workplace in recruitment, retention and retraining is condemning huge numbers of perfectly fit and able workers to a lifetime of poverty.

Unemployment and under-employment deny older workers the right to support themselves and fulfil their potential. If this is not discrimination and denial of a basic human right to work and support oneself and one's family, what is?

The other frightening aspect of age discrimination is that, as older workers are discriminated against in the workplace, they save less for retirement. Who do you think is going to pay for their enforced unemployment and very long retirement?

Again, I quote Laurie South: "We are living in an ageing society. But an ageing society does not just mean more people aged over eighty. Just which part of more people over 50, age discrimination in the labour market, growing unemployment of (those 50 and older), needing to finance a longer life, and fewer young people, do people not understand about an ageing society?"

If Government is dragging its feet about including age in an amended Human Rights Act for Bermuda because of concerns about how much this might cost, then the powers that be might just want to do some research and get a good understanding of how much it will cost if age is not included.

The Baby Boom phenomenon of post Second World War is producing a population bulge of persons heading towards a forced retirement. There are fewer young people in our society to support them. We must have age included in our Human Rights Act to protect our citizens and ensure that they are not discriminated against in any way, but especially in the workplace.

Age might not be 'sexy' to a youth-oriented society, but it is and will be a powerful force that shapes our social and economic well-being for many years to come.

Bermuda cannot afford to discriminate against any of its citizens or residents, regardless of age, race, gender, religion, sexual orientation, physical or mental ability or anything else. As a democracy we must ensure human rights for all. Anything less makes a mockery of the Act and our maturity as a society.

Marian Sherratt is president of SORCOS, a social research and consulting firm. She writes on issues concerning our ageing population each month in The Royal Gazette. Send E-mail responses to m.sherratt@sorcos.com">m.sherratt@sorcos.com.