Reasonable Accommodation for Age

Canadian Journal of Law and Jurisprudence 33 (1):115-143 (2020)
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Abstract

Ensuring equal liberties requires neutral, i.e. impartial, settings where nobody would be deprived of freedom because of their personal characteristics. Religion and disability appear as characteristics which may clash with the existing social and physical environments. Therefore, the necessity of adjusting the existing environment, i.e., reasonable accommodation, is mostly discussed in reference to religion and disability. I aim to discuss reasonable accommodation from a different perspective and ask whether reasonable accommodation should be extended to age issues. I propose that age can lead to differences in conscience or culture like religion. Age can also be a source of dis/ability so it can be compared to accustomed disabilities. Eventually, age may also clash with the existing social and physical environments. I further propose that age is not only similar to but also different from religion and disability when it comes to reasonable accommodation. Therefore, I defend, reasonable accommodation should be extended to age in a special way. The next question then is how age could be accommodated under the European Union (EU) law, especially when we consider that reasonable accommodation law does not have a wide scope in the EU, unlike in Canada.

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