Age and Discrimination
( Pp. 198-205)
More about authors
Nesmeianova Irina A.
Cand. Sci. (Law), Associate Professor; associate professor, Department of Legal Regulation of Economic Operations, Law Faculty
Financial University under the Government of the Russian Federation
Moscow, Russian Federation
Financial University under the Government of the Russian Federation
Moscow, Russian Federation
Abstract:
The article is devoted to the consideration of the issue of discrimination against persons of different age groups in relations in the private legal sphere. Attention is drawn to the fact that discrimination can be observed not only in labor, but also in housing, family and other legal relations. It is shown that the basis for discrimination is the imperfection of regulatory legal acts in the initial period of their validity, which is explained by the difficulties of forecasting and taking into account possible risks; however, introducing changes to legislative acts makes it possible to correct the situation in a timely manner – to eliminate discriminatory assumptions. The article provides examples and judicial practice confirming these conclusions. It is proposed that when new regulations are adopted, they should be assessed for their discriminatory component in order to eliminate future situations of infringement of the rights or discrimination of certain social groups of citizens. In particular, it is proposed to carry out a particularly thorough assessment of the absence of discrimination in regulatory legal acts in relation to citizens in need of special social protection. At the same time, it is proposed to take into account the possibility of direct and indirect discrimination, features of the use of digital technologies and artificial intelligence; and carry out reforms and innovations in legislation taking into account ethical standards, international experience and judicial practice.
How to Cite:
Nesmeianova I.A. Age and Discrimination. Sociopolitical Sciences. 2024. Vol. 14. No. 5. Pр. 198–205. (In Rus.). DOI: 10.33693/2223-0092-2024-14-5-198-205. EDN: STKJFZ
Reference list:
Astafichev P.A. Legislation on the protection of children from harmful information in the mechanism of restrictions on the constitutional rights of citizens to information and access to cultural values. Constitutional and Municipal Law. 2020. No. 2.
Astafichev P.A. Constitutionalization of the principle of respect for elders: The experience of constitutional amendments in 2020, their content and problems of implementation. Comparative Constitutional Review. 2021. No. 2.
Burilkina S.A., Suprun N.G. Organization of social and legal counseling for senior citizens in the social protection system. Social and Pension Law. 2021. No. 3.
Vasilyeva T.A. The fight against discrimination as a necessary condition for sustainable development of society (on the example of age discrimination). In: Human rights and national security. Moscow: Publishing House of the Moscow Humanitarian University. 2011. Pp. 50–57.
Vasilyeva Yu.V., Shuraleva S.V. Age as a factor of vulnerability of an employee in labor law. Bulletin of the Perm University. Legal Sciences. 2020. No. 3.
Gerasimchuk M.Yu., Gerasimchuk E.V. Incapacity and limited legal capacity of persons within the framework of hereditary legal relations. Inheritance Law. 2022. No. 1.
Kara I.S., Kara S.V. Prospects for recognizing increased responsibility for crimes committed against the elderly in international and Russian legislation. International Criminal Law and International Justice. 2020. No. 6.
Malyushin A.A. Interpretation of legal norms by the Constitutional Court of the Russian Federation. Constitutional and Municipal Law. 2009. No. 15. Pp. 22–25.
Petrov A.G. On some problems of the prosecutor’s office in the implementation of the Law of the Russian Federation “On the rehabilitation of victims of political repression”. History of the State and Law. 2007. No. 3.
Ryzhenkov A.Ya. The principle of prohibition of discrimination in family law: Issues of theory and practice. Family and Housing Law. 2021. No. 1.
Soltsin L.O. Digital technologies: Concept, types. SPS ConsultantPlus. 2024.
Sychenko E.V. Discrimination in the practice of the European Court of human rights. Administrative Law. 2014. No. 1.
Astafichev P.A. Constitutionalization of the principle of respect for elders: The experience of constitutional amendments in 2020, their content and problems of implementation. Comparative Constitutional Review. 2021. No. 2.
Burilkina S.A., Suprun N.G. Organization of social and legal counseling for senior citizens in the social protection system. Social and Pension Law. 2021. No. 3.
Vasilyeva T.A. The fight against discrimination as a necessary condition for sustainable development of society (on the example of age discrimination). In: Human rights and national security. Moscow: Publishing House of the Moscow Humanitarian University. 2011. Pp. 50–57.
Vasilyeva Yu.V., Shuraleva S.V. Age as a factor of vulnerability of an employee in labor law. Bulletin of the Perm University. Legal Sciences. 2020. No. 3.
Gerasimchuk M.Yu., Gerasimchuk E.V. Incapacity and limited legal capacity of persons within the framework of hereditary legal relations. Inheritance Law. 2022. No. 1.
Kara I.S., Kara S.V. Prospects for recognizing increased responsibility for crimes committed against the elderly in international and Russian legislation. International Criminal Law and International Justice. 2020. No. 6.
Malyushin A.A. Interpretation of legal norms by the Constitutional Court of the Russian Federation. Constitutional and Municipal Law. 2009. No. 15. Pp. 22–25.
Petrov A.G. On some problems of the prosecutor’s office in the implementation of the Law of the Russian Federation “On the rehabilitation of victims of political repression”. History of the State and Law. 2007. No. 3.
Ryzhenkov A.Ya. The principle of prohibition of discrimination in family law: Issues of theory and practice. Family and Housing Law. 2021. No. 1.
Soltsin L.O. Digital technologies: Concept, types. SPS ConsultantPlus. 2024.
Sychenko E.V. Discrimination in the practice of the European Court of human rights. Administrative Law. 2014. No. 1.
Keywords:
discrimination, age, social groups of persons, private law, legislation.
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