Making the case: why children should be protected from age discrimination and how it can be done Proposals for the Equality Bill What we want from the Equality Bill Inside this document Young Equals calls on the UK Government Introduction 3 to include the following protection for children in the Equality Bill: Chapter 1 4 Overview: why and how Protection for children from age discrimination children should be protected in the provision of goods, facilities and services from age discrimination An integrated public sector equality duty that promotes the equal worth and human dignity of Chapter 2 8 every person, including on grounds of their age. Healthcare The duty must apply in relation to children in Chapter 3 10 all public sector settings including schools and Child protection children’s services A requirement for reasonable adjustments Chapter 4 12 to be made to enable equal access to public Access to justice transport and public buildings for babies and Chapter 5 14 young children. Public leisure facilities The contents of this briefing are based on the Chapter 6 16 UK Government’s proposals for the Equality Bill Shops and restaurants at the time of going to print. Chapter 7 18 Public transport – older children Chapter 8 20 Access to public transport and facilities – babies and young children References 22 Young Equals would like to thank the Children’s Rights Alliance for England for coordinating the research and writing of this document. Young Equals would like to thank Save the Children UK for providing the funding for the publication of this document. Introduction The Equality Bill Age discrimination against The Equality Bill announced in last year’s older people is recognised … Queen’s Speech will ‘promote equality [and] Age discrimination is the less favourable fight discrimination’. This will include significant treatment of an individual or group of individuals extension of protection against age discrimination. on the grounds of their actual or perceived age. However, under the UK Government’s current The UK Government has accepted that such proposals this new protection will only be discrimination adversely affects older people available to those aged 18 and above. In this and that this must be addressed through the Bill. paper we set out why failing to address age In June 2008, the Minister for Women and discrimination against children in this Bill Equality explained: would be a missed opportunity to address unfair treatment in a range of contexts affecting Many people still seem to think that it is the daily lives of children of all ages. acceptable to discriminate against someone because they are older. It is not … People are not Protection from discrimination is a fundamental over the hill at 60, to be either refused insurance human right. Not a single human rights treaty or discriminated against in health care. We will includes a minimum age requirement for include in the Equality Bill duties on the protection from discrimination in the exercise public sector to eliminate age discrimination of rights. As recently as October 2008, the and promote equality for older people. We will UN Committee on the Rights of the Child urged take powers to outlaw age discrimination in the the UK Government to use this Bill to address provision of goods and services.3 negative age discrimination against children.1 The UK Government has set itself the ambitious target of making this ‘the best place in the world … but age discrimination against for children to grow up’.2 However, by failing children is not to recognise children’s right to equal treatment This powerful statement is in marked contrast on the grounds of age, we are lagging behind to the Minister’s comments regarding children: other developed nations such as Australia and Germany. The Government’s vision for The provisions will not cover people under 18. children in the UK cannot be achieved until It is right to treat children and young people this entitlement is recognised and realised. differently, for example through age limits on alcohol consumption, and there is little evidence of harmful age discrimination against About this document young people.4 Here, for the first time we have gathered in This quote reveals two of the main grounds one place the evidence that shows why children on which the UK Government bases its need protection against age discrimination. proposal to exclude children. The first is that We also explain how it can be done, including because children sometimes have different why age discrimination protection does not requirements from adults and from children mean children have to be treated the same of other ages, they cannot be protected against as children of different ages or as adults and, unfair age discrimination. The second is that, in fact, will often require that they are not in any event, there is ‘little evidence of harmful treated the same. age discrimination against young people’. In this briefing we address both these assertions and refute them as a basis for not legislating. 3 Chapter 1 Overview: why and how children should be protected from age discrimination Age discrimination protection in the provision of goods, facilities and services The Government’s proposals The evidence reveals patterns of behaviour by The UK Government proposes to extend private and public providers of goods, facilities age discrimination protection beyond the and services, which can clearly be seen to workplace, to cover the provision of goods, discriminate against children on the grounds facilities and services. This will make it unlawful of their age, resulting in unfair and harmful for providers of goods, facilities or services to treatment in a range of settings for children of treat a person seeking to use those services all ages. There are parallels with older people’s less favourably than would be usual in the case experience of age discrimination, as described of a member of the public of a different age. The here by Help the Aged: UK Government proposes to exclude children … while it’s true that some of the starkest and from this protection. most shocking examples of age discrimination come from the fields of health and social care the problem does not begin and end here. Age Evidence of harmful age discrimination discrimination occurs everywhere. Discrimination against children in the UK is widespread in the provision of facilities and Age discrimination against children is a neglected services … Examples of age discrimination problem. It often goes unrecognised and is not pop up in every area of life. But even if health taken seriously. The evidence we have gathered and social care were the only issues, it’s clear in this briefing demonstrates that children are that legislation would still be needed … 5 far from immune to age discrimination and Here are some examples of the positive impact its ill effects. It comes from a wide variety this Bill could have if children are included of sources including statutory inspectorates, in protection against age discrimination in regulatory bodies and UK Government research, the provision of goods, facilities and services: as well as testimony provided to the Children’s Rights Alliance for England (CRAE) by children Giving 16 and 17 year-olds equal access 6, 7 and their parents and carers, for the purposes to social services and mental health services of the Young Equals campaign. Preventing shop keepers from installing mosquito devices that deter children of all ages from accessing their services 8 Ensuring that children making calls to ambulance services are taken seriously. 9 4 How age discrimination legislation Again, parallels arise with older people’s will help solve the problem experience of discrimination, as described here Including children in the new age discrimination by the Chief Executive of Age Concern England Overview: why and how legislation would help prevent less favourable in a Parliamentary evidence session: treatment occurring in the first instance, by There is a risk that public bodies have a rather raising awareness of good practice and creating formulaic process of thinking about equality children should be protected a deterrent against unfair treatment. Where which might actually lead to harm if they do discrimination did still occur, children would have not appreciate that you can treat different a means of redress. age groups differently. You can provide them from age discrimination It is sometimes argued that protecting children with different services, be that children or young against age discrimination in the provision adults as well as older people, as long as you are of goods, facilities and services would make thinking about fair outcomes for each age group service providers vulnerable to legal action and the different sorts of services they need …14 and might discourage them from providing Measures to protect children against age valuable age-specific services. It is also argued discrimination can and must still recognise that making exceptions for age-specific services children’s unique status and allow for the would be too cumbersome. continuation of age-specific services. We are We believe such concerns can be overcome confident that a common-sense approach can by clear and robust legislation and guidance, be adopted to ensure that age discrimination and public awareness-raising about the meaning protection is workable for children, with legal of the new law. Existing anti-discrimination provisions and guidance in place that provide legislation creates numerous exceptions in sufficient clarity to service providers. the context of the provision of goods, facilities Different treatment would be allowed where and services, including exceptions permitting justifiable. This would include entrance to positive discrimination (or targeted services).10 Understanding of these exceptions and ensuring casinos and pubs and cinema classification; they are properly applied is promoted by clear age-appropriate health care screening (such as and accessible guidance in codes of practice and hearing tests and vaccinations for infants); age-appropriate child protection and safeguarding other non-statutory guidance.