Ageism: it is real and it is wrong
Aug 14 2011
By Carol Goar
The Toronto Sun Editorial Board
The term ageism makes politicians, bureaucrats and lawyers uncomfortable.
Some think it’s a fabricated word designed to give legitimacy to the complaints of an aggrieved minority. Others admit discrimination against the elderly exists, but they don’t know how to define it, measure it or codify it in law.
They didn’t like sexism or racism either, but driven by public pressure they developed laws and guidelines that could be applied.
Now the Law Commission of Ontario is attempting to do the same for ageism: turn it into an injustice that can be recognized, documented and remedied.
Last week it published a draft report designed to help lawmakers identify and take action against policies and practices that discriminate on the basis of age. Until November, it will hold public consultations for the next three months to make sure nothing is missing or misconceived. A final draft will be released in early 2012.
“With the aging of Canada’s population, it is increasingly important that we have sound legal and policy approaches to issues affecting older Canadians,” said Patricia Hughes, executive director of the provincial advisory agency. “While pioneering work has been done in this area, there has not yet been a comprehensive, coherent and principled approach developed for this area of the law.”
The carefully researched policy paper won’t win over skeptics. But it will address the concern that ageism is too amorphous to be judged or prevented.
It begins by pointing out both Canada’s Charter of Rights and the Ontario Human Rights Code explicitly prohibit age-based discrimination. It then shows the gap between the legislation and the reality: Caregivers routinely assume seniors can’t make their own decisions. Policymakers don’t bother to consult them on issues affecting them. Health-care and social service providers withhold supports to which are entitled. People patronize them, ignore them or exclude them the life of the community.
To move toward equality for older Canadians, the commission says, all laws should reflect these principles:
• Respect for the dignity of the individual.
• The presumption of ability, not disability.
• The right to be included in community affairs.
• Freedom from abuse or exploitation.
Abridged
SOURCE: The Toronto Star
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