年龄歧视是一种潜在的年龄歧视

O. Оnyshko, Ruslan Topolevsky
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引用次数: 0

摘要

. 这篇文章致力于研究作为一种年龄歧视形式的年龄歧视。年龄歧视的特点是任何人到了适当的年龄都可以成为歧视的对象。最主要的是,年龄歧视具有两重性。第一个是感知和刻板印象的水平,第二个是某些人的水平。同时,只有通过间接影响的范围才能对陈规定型观念的改变产生影响,即形成与这种陈规定型观念相反的适当的文化规范。此外,歧视性做法可能受到法律管制。值得注意的是,其中一些做法具有边缘起源,因为它们处于可以明确定义为直接歧视的行动和构成隐蔽歧视的行动之间的边界。同时,隐性歧视的正式化和预防都是非常复杂的。该条指出了实施特别措施(平权行动)以减少年龄歧视做法影响的可能性。对年龄歧视问题的研究强调了劳动法领域中歧视行为的特殊性。限制雇用达到一定年龄的人的做法最为明显。这种限制应被视为歧视性做法,除非有正当理由。但是,必须为每一种特定类型的限制证明这种理由。提出了禁止年龄歧视推定的概念。文章强调了未来研究年龄歧视问题的必要性,包括通过社会学的手段。此外,有必要对限制某些活动年龄的法律和法案进行监督和修改。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
AGEISM AS A LATENT FORM OF AGE DISCRIMINATION
. The article is devoted to the study of ageism as a form of age discrimination. The peculiarity of age discrimination is that anyone can become its object after reaching the appropriate age. The main thing is that ageism has a dual nature. The first is the level of perception and stereotypes and the second is the level of certain ones. At the same time, the influence on the change of stereotypes is possible only through the sphere of indirect influence - the formation of appropriate cultural norms that would be in opposite to such stereotypes. Also, discriminatory practices may be subject to the legal regulation. It is noted that some of these practices have a marginal origin, because they are on the border between actions that can be clearly defined as direct discrimination and actions that constitute covert discrimination. At the same time, both formalization and prevention of hidden discrimination are very complicated. The possibility of implementing special measures (affirmative actions) to reduce the impact of agediscriminatory practices is indicated in the article. The study of the problem of ageism emphasizes the special nature of discriminatory practices in the field of labor law. The practice of restricting the employment of persons who have reached a certain age is the most pronounced. Such limitations should be considered as discriminatory practices, except when they can be justified. However, such justification must be proven for each specific type of restriction. The concept of presumption of prohibition of age discrimination is offered. The article emphasizes the need of the problem of age discrimination for future researches, including through sociological means. Also, it is necessary to monitor and revise legislation and bills in terms of age restrictions on certain activities.
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