Mr. President,
Human Rights Watch shares the concerns of the Independent Expert on older persons’ rights about age discrimination against older persons in employment.
Under international human rights law, states are obligated to justify differential treatment as legitimate, proportionate and necessary.
In South Korea, the public and private sector’s imposition of mandatory retirement at age 60 or older is exempt from the prohibition of age discrimination and requires no justification. As such, it violates international human rights law and is discriminatory.
South Korean law also allows employers to reduce older workers’ wages before their mandatory retirement. Data shows average cuts of 30 t0 35 percent, with some cases reaching 50 percent. These wage cuts are based on the ageist stereotype that older workers are less productive than younger ones. International human rights law considers justifications for differential treatment based on stereotypes as discriminatory.
In addition, Human Rights Watch found that the mandatory retirement age of 60 or older and reducing older workers’ wages cause harm that outweighs any benefits. Less harmful, alternative measures are available.
States should heed the Independent Expert’s recommendations to combat age discrimination and include a requirement for robust justification of any differential treatment based on age in the new treaty on the rights of older persons.
Thank you.
