Reflecting on Age Discrimination and Rights of the Elderly in the European Union and the Council of Europe

Since 2000 an abundance of rights is ostensibly available to persons living in the European Union. Among the new groups to emerge as visible recipients of rights are the elderly and victims of age discrimination. These groups are growing in importance not least because of demographic ageing in the European Union. This article examines the sources and nature of human rights for both groups and investigates whether they are better off in light of the European Convention of Human Rights, Protocol 12 ECHR, the European Union Charter of Fundamental Rights, and the Revised European Social Charter, in particular. Despite great advances, the reality is one of uneven protection of human rights for these groups throughout the European Union (EU), frequently due to the low rate of ratification of Council of Europe instruments. This reality has implications for individuals whose access to rights may depend on where they reside in the EU. The many positive developments also create a misleading image of a consistent human rights culture in the EU. The disjointed reality reinforces the important and complementary role of each element of the human rights' matrix examined here. It also highlights the need for ways of making it easier for ordinary people to be aware of their ‘age’ rights and how best to access them.