AGE DISCRIMINATION IN THE CZECH AND EUROPEAN CONTEXT – COMPENSATION OF NON-PECUNIARY DAMAGE

David Elischer

Abstract


Age discrimination (or ageism) is a cross-sectional stereotyping phenomenon that affects thewhole of society particularly in respect of recent demographic changes, the evolution of legislation andrelevant case law. The ambivalence of this kind of discrimination is widespread due to the differing natureof ageism’s two subcategories – adultism and jeunism. The different manifestations of discriminationhave their impact primarily on two specific age groups which complicates an integrated analytical andmethodological approach. Prohibition of age discrimination is legally established in both Czech and Europeanlaw. This study provides a view of changes in the perception of ageism throughout the EU Courtof Justice’s rulings, develops a number of case studies regarding direct, indirect, positive and negativeforms of age discrimination and analyses the existing or potential private law consequences, such as nonpecuniarylosses caused by age discrimination, in the Czech legal system with special regard to the newCzech Civil Code.

Keywords


ageism, age discrimination, European private law, new Czech Civil Code, damages, intangible harm, non-pecuniary loss, EU Law, EU Court of Justice (CJEU), constitutional court

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