Journal article Open Access

Principles of Legal Policy in the Field of Age Non-Discrimination

N.M. Gren

The article analyzes the principles of legal policy in the field of age discrimination. It is stated that the principles of legal policy are the basis of legal regulation, as they form the basis for regulatory activities of the state, law implementation and law enforcement practice.

The principles of legal policy in the field of overcoming age discrimination are divided into two groups. The first should include the general principles established in the legal system, legislation system and state-building policy of a legal, democratic state (general). The second – principles that broadly reveal the essence and are intended to overcome certain issues (special).

The general principles of legal policy are those fundamental basic components that reflect the basic essence, i.e. the maximum protection of the rights and freedoms of citizens. Thus, the general principles of law include such as the rule of law, legality, equality, justice. Before that, it is important to understand that the first of the identified principles is dominant. Special principles, i.e. those that are due to a special feature of discrimination - age. Comprehensive analysis of monitoring reports of the UN and the Council of Europe, national legislation, legislation of European states, case law of the ECtHR allows us to highlight the principle of horizontality (implementation of legal policy of non-discrimination in all spheres of public life, including social protection, education, housing, health care and access to goods and services) and the principle of individualization in determining the factors and means of protection against discrimination. It is necessary to change the ideology in the direction of moving away from generalizations to more individualized assessments of differentiated age attitudes, which can help overcome age stereotypes.

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