Must be original due in 20 hrs from now

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behavior towards work colleagues, 80% of the white miners were friendly towards the black miners. Above ground, where the social norm was prejudiced behavior by whites to blacks, this dropped to only 20%. Th us, white miners were conforming to diff erent norms above and below ground. Whether or not prejudice is shown depends on the social context within which behavior takes place.

3. AGE DISCRIMINATION: A CHALLENGING CONCEPT OF AGEISM

Age discrimination, as one form of discrimination is the most discussed form of discrimination in the social sciences (psychology, sociology, economics). Th is is due to many changes – from the demographic to legal, medical and the like, but this is also due to the fact that many other forms of discriminations such as by race, sex or ethnicity have already been intensively discussed in the public and academic arena and much of the attitudes expressed have been institutionalized in terms of antidiscrimination laws and other regulative.

Age discrimination has been augmented by the fact that the youth is a value strongly embedded in the Western culture (Macnicol, 2006). For example, the youth has a great value in the American culture that eff orts to stay young fuel a multibillion dollar industry since the prevailing view is “If I can buy enough pills, cream, and hair, I can avoid becoming old” (Esposito, 1987 in Calasanti, 2005). 

Similar to cases of discrimination by sex or race, the age discrimination refers to the negative attitudes, stereotypes, and behaviors directed toward older adults based solely on their perceived age (Butler, 1980). Butler coined the word ‘ageism’ to follow the trend of wording discriminations on –isms such as sexism or racism and he defi ned it as „a process of systematic stereotyping or discrimination against people because they are old, just as racism and sexism accomplish with skin colour and gender. Ageism allows the younger generations to see older people diff erent than themselves; thus they subtly cease to identify with their elders as human beings” (Butler, 1975). Th is general defi nition of ageism stereotypes and discriminates specifi cally against old (see also Butler, 1995).

While Butler’s defi nition of ageism is the most cited across the literature, the research on ageism is marked by many more defi nitions of this concept. For example, in the review of the publication Ageism: Stereotyping and Prejudice Against Older Persons (Nelson, 2004) defi nitions of ageism are ranging from one component to even eight have been indicated. For example, in the one- part defi nition ageism is defi ned as prejudice against older persons; a two-part defi nition considers ageism as negative attitudes and behaviors toward the elderly

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(Nelson, 2004: 28); there is a defi nition of ageism that uses the traditional three components of attitudes: (1) an aff ective component such as feelings one has toward older individuals; (2) a cognitive component such as beliefs or stereotypes about older people; and (3) a behavioral component such as discrimination against older people (Nelson, 2004: 131); a four-part defi nition includes above states components while distinguishing between personal and institutional discrimination (Nelson, 2004: 340). Th e most complexed defi nition of eight- parts arises when it is recognized that all four of the above components can be negative or positive toward elders (Nelson, 2004: 340).

According to International Longevity Center-USA (2006), there are four categories of ageism identifi ed (Anti-Ageism Task Force, 2006): • Personal ageism – ideas, attitudes, beliefs and practices on the part of

individuals that are biased against persons or groups based on their age. • Institutional ageism – missions, rules, and practices that discriminate against

individuals and/or groups because of their older age. • Intentional ageism – ideas, attitudes, rules or practices that are carried out

with the knowledge that they are biased against persons or groups based on their older age. Th is category includes practices that take advantage of the vulnerabilities of older persons.

• Unintentional (or inadvertent) ageism – ideas, attitudes, rules or practices that are carried out without the perpetrator’s awareness that they are biased against persons or groups based on their older age.

Ageism has a lot to do with assumptions and stereotyping.  As suggested by various defi nitions, the attitudes towards older people can be positive or negative. Positive stereotypes that are accepted and considered to represent all older people usually include following attributes: kind, wise, infl uential, free, happy, politically powerful. Unfortunately, the negative stereotypes tend to dominate and they include negative images of old people being sick, disabled, ugly, depressed, unable to learn, demented and the like.

Ageism can be demonstrated in both explicit and implicit way. Explicit ageism occurs when occurs when there is a conscious awareness, intention or control in the thoughts, feelings or actions of an institution, law or person in regards to the treatment or consideration of an older adult. On the other hand, the implicit ageism convers implicit stereotypes and prejudice against older adults. According to Levy and Banaji, 2004: 51), the implicit age stereotypes are thoughts about the

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attributes and behaviors of the elderly that exist and operate without conscious awareness, intention, or control; this is also called automatic or unconscious stereotypes. Furthermore, the implicit age attitudes are defi ned as feelings toward the elderly that exist and operate without conscious awareness, intention, or control; this is also called automatic or unconscious prejudice.1 Levy (2009) also points out that once the people are perceived to be ‘older adults’, by the external forces of social interaction, formal policy qualifi cation and self-perception, implicit ageism becomes self-referential.

Ageism tends to be treated diff erently than other forms of discriminations (e.g. sex, race, disability) due to the fact that it is inherent to all persons with no exception. Namely all people must and will grow old and because of such universality ageism is often treated less seriously than other discrimination forms.

Evidences of unequal treatment based upon age can be noticed in many domains of human life such as workplace (e.g. McCann and Giles, 2002, Finkelstein, Burke, and Raju, 1995) where discrimination is presented in terms of mandatory retirement age or in health care facilities (e.g.  Caporael and Culbertson, 1986;  DePaola, Neimeyer, Lupfer, and Feidler, 1992). Th e age discrimination can be in terms of expectancies that doctors hold regarding the capabilities of older individuals that may shape recommendations and decisions on (potential) treatments.

Th e idea that life occurs in pretty much fi xed stages contributes to ageism. According to that idea, a person lives a life in accordance with his/her age – he/ she has to have kids at certain age, should have a career at certain age and suppose to retire at certain age. However, in reality people make diff erent choices in their lives regarding children, work, retirement and the like and these choices rarely fi t rigidly set age-related boxes. Even though this idea is obsolete, it still persists in many societies across the world (Glover and Branine, 2001: 51).

One cannot omit the role of mass media in reaffi rming the stigma that old people are automatically mentally or/and physically challenged thus reinforcing negative stereotypes (see, for example, Pickett, 2002, Dahmen and Cozm, 2009;Rozanova, 2010). Even if older people are portrayed in a positive way, often it is used to promote anti-aging message. Many researches have been done to evaluate the response of media to population ageing. For example, there was a study analyzing newspaper, television and magazine content for depictions

1 One should point out that ageism can also apply to stereotypes and prejudice directed at the young.

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of ageing in Canada and Russia. It has been found that in both cultures older age groups were underrepresented, negative portrayals far outweighed positive portrayals, and older individuals with disabilities were virtually absent from advertising unless they were advertising assistive devices. Another study conducted in the United Kingdom has found that 55% of adults over 50 feel that businesses have little interest in older people’s consumer needs; 46% often do not feel that advertising/marketing is aimed at them; and 50% fi nd advertising/marketing that is obviously targeting older people to be patronizing and stereotypical. Yet another research has shown that 75% of respondents to a survey of people ages 60 and older thought that the media ignored the views of their age group. Such a lack of representation in the mass media has an important impact on older people and their societal position. Namely, it may contribute to marginalizing older adults, who already feel the eff ects of ageism and a sense of diminished worth and participation in society.

All taken into consideration, ageism and age discrimination are much harder to address than other forms of discrimination and consequently it is more diffi cult for national governments to create legal and institutional framework to advance the wellbeing of older adults. Namely, older adults’ needs easily become subsumed to the needs of other age groups, or to the administrative needs for effi ciency or cost cutting. If we take into account the pressures for scarce resources and given similar need, the fact that one is older often becomes the justifi cation for not receiving a benefi t or service or not be treated as a suffi ciently high priority. In any cost-benefi t analysis based on remaining years or future productivity, older adults are always at a disadvantage (Law Commission of Ontario, 2015).

3. AGE DISCRIMINATION LEGISLATION: WHAT ARE THE PROTECTIONS?

When dealing with a deeply entrenched form of discrimination, legal protection is often looked to as a way to tackle broader issues such as ageism. As mentioned earlier, ageism can be described as ‘a process of systematic stereotyping of and discrimination against’ older people who are ‘lumped together’ as being the same and treated unfavourably because of their age (Butler and Lewis, 1982).

INTERNATIONAL LEGAL FRAMEWORK

International organizations are trying to regulate and prevent all forms of discrimination including discrimination based on age by their own legislation.

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Th e United Nations is defi nitely the most important international organization trying to prevent any form of discrimination. Th e Universal Declaration of Human Rights of 1948 (Offi cial Gazette, International Agreements No. 12/2009) explicitly emphasizes equality of all people by birth and all rights regardless of skin color, race, sex and certain other circumstances. Th ere are also the United Nations Convention on the Rights of the Child of 1989 (Offi cial Gazette, International Agreements No. 12/93.), which applies the latter acts to every child, the Convention on the Elimination of All Forms of Discrimination against Women (1979, Offi cial Gazette - International Agreements No. 12/93.), which prohibits any form of discrimination against women, and of course the Convention concerning Discrimination in Respect of Employment and Occupation (1958, Offi cial Gazette - International Agreements No. 2/94.), which prohibits any form of discrimination in employment in general. In the Republic of Croatia, international legal framework in general is of great importance as International Agreements are above the law and all laws must be adopted in accordance with the Croatian Constitution and International Agreements to which Croatia is a party.

THE EU LEGAL FRAMEWORK FOR PREVENTING ALL FORMS OF DISCRIMINATION

By its own legal framework, the European Union has been trying for years to suppress any form of discrimination on the European territory. Th e main legal sources in this area are the following four directives: • Council Directive 2000/78/EC of 27 November 2000 establishing a general

framework for equal treatment in employment and occupation (OJ L 303, 2.12.2000),

• Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (OJ L 180, 19.7.2000),

• Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equality between men and women in the access to and supply of goods and provision of services (OJ L 373/37, 21.12.2004), and

• Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on implementing the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204/23, 26.7.2006).

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• Within the framework of the Council of Europe, we should defi nitely mention the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms (Offi cial Gazette - International Agreements Nos. 6/99 and 8/99.).

NATIONAL LEGAL FRAMEWORK FOR THE PREVENTION OF DISCRIMINATION

As a social state, the Republic of Croatia also prohibits any form of discrimination by its own regulations. Th e Constitution of the Republic of Croatia (Offi cial Gazette Nos. 56/90, 135/97, 8/98, 113/00, 124/00, 28/01, 41/01, 55/01, 76/10, 85/10, and 05/14.) is the fundamental law which explicitly prohibits all forms of discrimination. Th e Anti-discrimination Act (Offi cial Gazette Nos. 85/08 and 112/12.) is a basic act in the fi ght against all forms of discrimination that ensures the protection and promotion of equality as the highest value in the constitutional order of the Republic of Croatia. Th e Criminal Code (Offi cial Gazette Nos. 125/11 and 144/12.) and the Criminal Procedure Act (Offi cial Gazette Nos. 152/08, 76/09, 80/11, 121/11, 91/12, 143/12, 56/13, 145/13, and 152/14.) govern criminal off enses related to discrimination and entitles everyone to the right to equal treatment regardless of any diff erences. Th ere is also the Labor Act (Offi cial Gazette 93/14), which prohibits discrimination in employment and occupation.

As we recall from earlier, ageism does not imply only elderly but it applies to stereotypes and prejudice directed at the young. Th is is particularly true when it comes to emloyment and work in general. Young people who intend to get a job will have diffi culty fi nding a job because potential employees often require work experience that young people do not have. But, how would any young person get work experience if he/she has not been hired by anyone? Unfortunately, these are factual and not legal issues because legislation does not regulate the same issues accurately or it does not regulate them at all. Th e very same shortcoming in legislation is a great opportunity for the implementation of this type of discrimination. Some studies show that in Croatia the likelihood of employment of youth up to 24 years of age is 39.6%, and of persons aged 25 to 34 years it is 44.4% (Bayley, 2006: 85). Youth unemployment in Croatia has never been below 32%, but it is slowly declining. Also, employers are often inclined to lay off workers older than fi fty, due to the opinion that they often tend to be sick, that they will soon have to be replaced by others due to their retirement, etc. Th is

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off ends the honor of employees in relation to their occupation to which they have very likely dedicated almost their entire lives. In the aforementioned Labor Act, the legislator is trying to protect persons with more experience so that in the event of excess workers, the employer can lay off only those persons with less work experience. Unfortunately, this provision is often violated discriminating in this way older employees. With a new wave of an active employment policy, vocational training is provided only for persons who are under twenty-fi ve years of age, and who have just completed their education (Puljiz, 2008: 197). In that respect, age-based discrimination concerns the violation of the fundamental human right to honor and dignity. Furthermore, very often employers make work-related diff erences by age groups. Young people are by far most commonly found in the service sector, especially in occupations that rely on direct contact with customers. Such occupations do not require special knowledge and skills, but rather innate emotional labor, attractiveness and communication skills.

Older persons are found as leaders, managers and experts, and particularly in the fi eld of agriculture and as machine operators (Matković, 2008: 494). Th e situation in the last few years is taking its toll because of the economic crisis, and employers were forced to lay off a number of workers, who were mostly older than fi fty. A young person is rarely seen in the streets, taking part in various workers’ strikes.

In addition to the area of labor and employment, age-based discrimination is also found in other domains of human social action. Few years ago, a racial discrimination scandal was recorded in the Miss Universe Croatia Pageant, but very little is said about constant age-based discrimination. According to the Miss Universe Croatia rules, women younger than 18 and older than 27 cannot apply for the pageant. A woman’s beauty, physical attractiveness and intellect, which also enters the same competition, cannot and must not be measured in years. Th e provision that a woman must be over 18 years old is understandable because a woman younger than 18 is too young to take part in such an event. However, the other age determinant, the one stipulating that a woman must not be older than 27, needs a comment. A woman can be beautiful and attractive in her thirties and even in her later years: Th ere is no age limit on beauty just a perception of it. Organizers of the beauty pageant have very easily and indirectly implied that beautiful women are only the ones older than 18 and younger than 27, which is not tre and is considered as a stereotype leading to discrimination. Discrimination based on age was also present in the Family Act (Offi cial Gazette

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Nos. 116/03, 17/04, 136/04, 107/07, 57/11, 61/11, 25/13, and 05/15) until 2007. Th e provision pursuant to which the adoptive parents could not be older than 35 was defi nitely not in line with contemporary family principles because today a family with descendants is often founded when both partners are in their thirties. For the same reasons, the provision in question was amended in 2007 by a novel with no upper age limit for adoptive parents. However, until the recent changes in 2015, discrimination based on age existed in the Road Traffi c Safety Act (Offi cial Gazette Nos. 67/08, 48/10, 74/11, 80/13, 158/13, 92/14, and 64/15) in the provisions relating to young drivers (up to 24 years of age) who were not allowed to operate a vehicle whose power was greater than 80 kW. Th is provision was deleted, but a certain kind of discrimination still exists. Pursuant to the currently applicable Act, young drivers are persons up to 24 years of age who are not allowed to e.g. drive more than 80 km/h on a road and 100 km/h on a road intended exclusively for road motor vehicles and 120 km/h on a highway. Th e term “young driver” should be used for people of all ages who have just passed a driving test, and the main criterion should be driving experience and not age.

Hypothetically, is there a diff erence between a driver who passed the driving test immediately when he/she turned 18 and a driver who took the driving test just one day before his/her 24th birthday, or a driver who passed the driving test at the age of 35 or even later? Th e diff erence exists only in age, while driving experience of all three drivers is equal. Th us, one cannot conclude that drivers aged 18-24 years are worse than other drivers.

Th e problem of age-based discrimination is one of the hottest social problems, but it has not reached its peak. For the same reasons, governments of a number of countries are trying to act preventively on the overall situation through various measures such as harmonization of policies and practices to improve the understanding of issues related to discrimination, developing the skills of eff ective prevention of discrimination, strengthening the means of action and support organizations to share information and best practices, networking at European level, taking into account the specifi c characteristics of the diff erent forms of discrimination and promoting and spreading the values and practices that are essential in the fi ght against discrimination, including campaigns that raise awareness of this problem (Bilić, 2007: 565). One such campaign was launched in the Republic of Croatia through cooperation of the Ministry of the Interior and the Organization for Security and Cooperation in Europe (OSCE).

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At a roundtable on combating hate crimes (based on all forms of discrimination), the participants agreed to further strengthen their cooperation in the said area. On 23 October 2006, in Dubrovnik, the Ministry of the Interior of the Republic of Croatia and the ODIHR (the Offi ce for Democratic Institutions and Human Rights of the Organization for Security and Cooperation in Europe) signed a Memorandum of Understanding on combating hate crimes. Due to the same cooperation, advanced training on combating and preventing hate crimes took place at the Police Academy in Zagreb. Th e training was attended by 9 police offi cers who gained knowledge and skills to become training instructors who will in the coming period continue to train other police offi cers (Ministry of the Interior of the Republic of Croatia, 2012). However, six years have passed since this campaign, and we cannot confi rm that certain things have changed radically. Positive changes, such as the novel to the 2007 Family Act, are taking place, but very slowly. A certain number of years will be necessary to establish the rule of law in the society we live in, and, accordingly, the right to equality of all citizens regardless of all our diff erences which, based upon the Latin saying Varietas delectat (eng. Variety is delighting), can make the world more beautiful and joyful.

CONCLUDING REMARKS

Age discrimination, i.e. ageism has drawn attention of many academic scholars but mostly in the fi eld of sociology, psychology and gerontology which is not surprising taking into consideration of their fi eld’s focus. However, since the eff ects of age discrimination are evident in many areas of human life, there is a need to intensify research on ageism from the perspective of other social sciences such as economics and law. By dealing the issue of ageism in terms of gender, disability, political economy or particular laws, one could better understand the ageism and its eff ects in the society.

When it comes to the fi eld economics dealing with age discrimination, the majority of discussions are in term of workplace and employment law. It would be of advantage to research ageism in the context of political economy that can off er many “venues” in terms of ideological approaches including neo-liberalism or classical liberalist. Th e same holds true for the fi eld of law. It would be quite benefi cial if ageism is examined in term of various theoretical approaches such as, for example, feminist legal theory, critical races theory, mental health law theory and the like.

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While the theoretical research signifi cantly contributes to the understanding of the ageism, why it arise and how it may be remedied, the practical solutions (on the policy level) are even more challenging. Changes attitudes and consequently creating public policies that prevent and/or reduce age discrimination calls for many actions out of which some may include following: • Education about identifying and preventing ageist attitudes and practices

should be incorporated into the diversity programs at the all level of (national) education system – from primary schools to faculties as well as the part of the education in the workplace.

• Refocusing the media attention to older people as active, healthy and successful in their ageing; speaking out when age discrimination arises, publicizing that age discrimination is against the law.

• Lawmakers and policymakers should work on closing the gap between the law on paper and the implementation of the law in the practice; one should promote positive discrimination in terms of affi rmative actions of older persons as a legitimate step in the national laws; age perspective should be incorporated in all policy actions targeting to eliminate discrimination on the basis of age;

• Science can contribute to empowerment of older people through scientifi c projects that focus on the elderly. Such projects should be promoted and fi nanced on the national level since the evidence-based studies can signifi cantly contribute to policy making based upon scientifi c results.

• Programs that provide and support the care of older people should be ensured in order to make it easier to families and care-givers. Such programs may include tax incentives for formal care or fi nancial aid to care-giver.

Such a list of potential activities does not do justice to the complexity of the battle against the age discrimination, i.e. ageism, but it is an indication of direction that policy developers and legislative drafters should take into consideration when trying to fi nd better ways to advance the wellbeing of all citizens (particularly those subjected to ageism) on the individual or institutional level.

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