The Legal Justification of Against Age Discrimination under the Background of Population Aging:From the Principle of Equality to the Theory of Dignity
The 21st century is an era of population aging.The positive and effective impact on China's population aging is relat-ed to the overall development of the country and the well-being of hundreds of millions of people.In this context,the issue of age discrimination faced by older workers has received increasing attention.Compared with other forms of discrimination,age discrimination has many unique characteristics,which makes it difficult to form the theoretical basis of age discrimination law based solely on the principle of equality with comparative value as its core connotation.Although there is always a close rela-tionship between equality and anti-discrimination,the lifelong equality and intergenerational equality theories in the principle of equality believe that all age based differential treatment is legal and fair,and there is no need to include age in the scope of legal anti-discrimination.Unlike the principle of equality,the dignity theory positions the illegality of age discrimination as a vio-lation of sustained rights or interests,regardless of whether others are equally deprived.Therefore,the non-comparative value the-ory of dignity can effectively compensate for the shortcomings of the principle of equality,thereby better consolidating social con-sensus against age discrimination and confirming the necessity of the existence of age discrimination law.Supported by the theo-ry of dignity,China should optimize its current legal norms,explicitly incorporate age into legal grounds for discrimination,and formulate a special age discrimination law when the time is ripe.
age discriminationlifelong equalityintergenerational equalitydignity theory
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维普
