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Anti-discrimination law could victimise children

2 mins read Children's rights
Is it right that in 2013 we continue to discriminate against certain groups in society? Is it right that people can be denied access to health and social care services, education, shops or financial services because of their age? And is it right that in seeking to protect people from this type of discrimination, children and young people are left out?

Of course it isn't - but according to information coming from the Northern Ireland Assembly, that's exactly what may happen when it consults to amend age legislation here in respect of goods, facilities and services. Over-18s would be protected, but children and young people may not have the legal right to challenge discrimination they experience because of their age. That means an 18-year-old who is discriminated against due to his or her age could bring a complaint under the proposed legislation, but a 17-year-old who is subjected to the same discrimination could not.

I am really concerned by this. Age is the very factor that makes children and young people more vulnerable - they require special protective measures rather than no protection at all.

That is why I have worked with the Equality Commission for Northern Ireland to develop robust recommendations which we have delivered to government. These set out why children and young people need to be protected by their inclusion under this proposed legislation.

We recommend that because of inequalities, including limited income, young people should still be able to access of things like cheaper transport and this should not be viewed as discriminatory. Such affirmative action also applies to older people and rightly so. We also acknowledge that age restrictions must continue to apply so children and young people can, for example, be protected from purchasing alcohol and tobacco.

Yet, they must have the same rights as every other age group in our society, as consumers and service users. In working with organisations in the sector, we are supporting them to help young people recognise when they are being discriminated against because of their age and to encourage them to lobby their government representatives about the need for such legislative change.

Negative stereotyping

Children and young people have told me about the discrimination they have experienced. For example, when children have tried to walk into a shop, they have been told to leave their school bags at the door. However, if an adult walks into the same shop carrying a large kitbag, no one takes a second glance. Why the negative stereotyping? The child's money is no less valuable than the adult's money. Nor is the child's need to get the right services at the right time any less urgent.

Also, in accessing mental health services, only around six per cent of the entire mental health budget in Northern Ireland is spent on children and adolescent mental health care services. Between 2007 and 2009, 200 children and young people here were admitted to adult wards.

Although such discrimination against children was not outlawed when similar legislation came before the Westminster parliament, I cannot stand by and allow such discrimination against them to come into force in Northern Ireland.

Having spoken to government ministers on this issue, I have been bewildered that they offer excuses and put up obstacles to such a positive measure. They have families, sons, daughters, nieces, nephews and grandchildren, and they have many constituents who are under the age of 18.

To allow them to be discriminated against seems contrary to the previous promises made by our executive, which has already committed to upholding and respecting the rights of children and young people. To discriminate against them on the basis of age now would be the ultimate irony.

Patricia Lewsley-Mooney is children's commissioner for Northern Ireland

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