Legal cases

John K. Love, William L. Bone, William J. Craig and Peter B. Ivanoff v. Australia

Legal case |
John K. Love, William L. Bone, William J. Craig and Peter B. Ivanoff v. Australia

 

(Communication No. 983/2001), CCPR/C/77/983/2001

Subject:

Article 26 – Discrimination on the ground of other status – age, objective and reasonable justification, violation by that State party:

Compulsory age-based retirement policy for pilots

Conclusion:

No violation of Article 26: According to the Human Rights Committee pilots’ mandatory retirement at the age of 60 does not constitute discrimination on the ground of age. The Human Rights Committee held that a distinction related to age, which is not based on reasonable and objective criteria, may amount to discrimination on the ground of “other status” or to a denial of the equal protection of the law. However, in this case, the Human Rights Committee felt that the distinction based on age was in the interest of safety and was objective and reasonable.

(Paragraphs 8.2, 8.3, 8.4, 9)