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积极老龄化理念下反就业年龄歧视的法治路径
The Rule of Law Path of Anti-Employment Age Discrimination under the Concept of Positive Aging
【摘要】 人口老龄化既是挑战,也是机遇。为应对人口老龄化和养老压力的双重挑战,我国积极推进和践行积极老龄化国家战略,延迟退休必然应推进超龄者(1)再就业。然而,超龄者再就业极易遭遇年龄歧视,其缘由既有认知理念偏差,又有立法和政策的制度困局。为解决这一难题,欲消除影响超龄者就业年龄歧视等不合理限制,有赖于一系列举措的配套施行。长期开展反就业年龄歧视的宣传教育,可以在认知理念上遏制就业年龄歧视的泛滥;应制定《反就业歧视法》,强化政策在反就业歧视中的导向价值,明确政府反歧视的法律责任,构建反歧视的司法实施机制。
【Abstract】 Population aging is both a challenge and an opportunity. In order to cope with the double challenges of population aging and pension pressure, China actively promotes and practices the national strategy of active aging, and delaying retirement should inevitably promote the re-employment of over-age people. However, the re-employment of over-aged people is very vulnerable to age discrimination, which is caused by both cognitive conceptual bias and institutional difficulties in legislation and policy. In order to solve this problem, a series of measures must be implemented to eliminate unreasonable restrictions such as age discrimination affecting the employment of the overage. Long-term publicity and education against age discrimination in employment can curb the proliferation of age discrimination in employment in terms of cognitive concepts; the Anti-Discrimination in Employment Act should be enacted to strengthen the guiding value of policies in anti-discrimination in employment, to clarify the government’s legal responsibility to fight against discrimination, and to build a judicial implementation mechanism for anti-discrimination.
【Key words】 active aging concept; equal employment rights; age discrimination; anti-employment discrimination;
- 【文献出处】 山西省政法管理干部学院学报 ,Journal of Shanxi Politics and Law Institute for Administrators , 编辑部邮箱 ,2025年03期
- 【分类号】C924.24;D669.6;D922.5
- 【下载频次】222