Do you have a real name? (or one that is more acceptable in social circles)--it's really difficult to respond to "Flopgut" with a straight face! I'm sure you'll tell me it's some super secret aviation name! LOL!
I don't answer legal questions that request advice as that is not allowed.
No it's not my burden of proof. The ICAO requirement is a political issue to expediate passage of the rules. There are many, like you, who doubt the ability of those over 60 to function. Perception is 100% of the truth. So if there is tape on the passenger tray table, the whole plane is broken mythology applies! To get around that, they offer a mitigating solution that, while not based on fact, will get the job done politically.
But you should know that prior to now, medical science thought that the brain stops development at around age 20. Well Harvard has researched this, studying brains ranging from ages birth to 76. They focused on myelin, the insulation wrapped around the wires of nerve cells. Myelin affects how quickly you think, act, learn and process information. The study found that myelin increased dramatically in the fifth decade (33 percent) and more dramatically in the sixth decade ( 55 percent!). The later growth spurts all occurred in the part of the brain associated with emotional learning and memory, which may explain a lot about emotional maturity.
Until now, no studies have been done.
HR Diva