ATTITUDES TO HEALTH AND AGE IN INSURANCE: SOME

Transcript:ATTITUDES TO HEALTH AND AGE IN INSURANCE: SOME:
ATTITUDES TO HEALTH AND AGE IN INSURANCE: SOME EQUALITY LAW PERSPECTIVES Mary Honan BL SAY NO TO AGEISM Article 1 Purpose The purpose of this Directive is to lay down a framework for combating discrimination based on sex in access to and supply of goods and services, with a view to putting into effect in the Member States the principle of equal treatment between men and women. Council Directive 2004/113/EC of 13 December 2004 Actuarial factors 1. Member States shall ensure that in all new contracts concluded after 21 December 2007 at the latest, the use of sex as a factor in the calculation of premiums and benefits for the purposes of insurance and related financial services shall not result in differences in individuals' premiums and benefits. 2. Notwithstanding paragraph 1, Member States may decide before 21 December 2007 to permit proportionate differences in individuals' premiums and benefits where the use of sex is a determining factor… These Member States shall review their decision five years after 21 December 2007… Article 5 Article 1: Purpose The main objective of the directive is to combat discrimination based on religion or belief, disability, age or sexual orientation and to put into effect the principle of equal treatment, outside the field of employment. Scope: Goods and services, education, housing, etc. Proposal for a Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation - 2 July 2008 The Equal Status Acts 2000-2011 prohibit discrimination in the provision of goods and services, access to education, accommodation, housing, etc. Nine prohibited grounds: Gender Civil status Family status Sexual orientation Religious belief Age Disability Race colour, nationality, ethnic or national origins Membership of the Traveller community Equal Status Act 2000 5.—(1) A person shall not discriminate in disposing of goods to the public generally or a section of the public or in providing a service, whether the disposal or provision is for consideration or otherwise and whether the service provided can be availed of only by a section of the public. Goods and services: section 5(1) Section 5 (2)(d ): differences in the treatment of persons in relation to annuities, pensions, insurance policies or any other matters related to the assessment of risk where the treatment— (i) is effected by reference to— (I) actuarial or statistical data obtained from a source on which it is