Equality and Human Rights Commission: A Decade in the Making

This article traces the origins of the Commission over the decade before it opened its doors in October 2007, and the contentious debates and political trade-offs which led to its emergence in its current form; a history which throws light on the challenges it now faces. Inclusion of human rights in a 'single equality body', concessions on disability, the promise of a single Equality Act and the Commission's third arm, community relations, were major fault lines in debates complicated by devolution and fragmentation of responsibility in Whitehall but strengthened by an unusual degree of engagement with external stakeholders and by the scrutiny of the Joint Committee on Human Rights in Parliament. The outcome extends beyond establishment of a Commission with a powerful mandate. A process that began with separate equality interests competing to ensure their constituency did not lose out, fostered enthusiasm for collaboration to achieve the vision of society the Commission is tasked, by S3 Equality Act 2006, to deliver.'     

Human Rights in the Public Sector

This article examines how universal human rights have been given practical effect in the UK through the Human Rights Act. It focusses on the role of human rights in public services and using the duty placed on public officials as a lever to bring about positive change.     

我国儿童早期照顾政策框架构建——基于资源平等理论视角

我国儿童早期照顾领域存在照顾责任公私分担失衡、照顾资源分布不均、照顾劳动性别分工和代际分工不合理等现象,亟待公共政策干预。立足我国现实,以德沃金的资源平等理论作为伦理基础,可提出儿童早期照顾政策的伦理依据,即以保障儿童与母亲权利为核心原则,以保障父母工作-家庭平衡、祖辈老年权益为辅助原则。在政策分析中,首先基于政策网络模型,阐述政策行动者的网络定位及他们在网络间的互动关系,厘清不同行动者之间的资源与权力交换机制;然后利用图尔敏结构模型,提出具有开放性和包容性的政策方案,并最终形成旨在保障儿童和照顾者权利、促进家庭和社会发展的我国儿童早期照顾政策框架。     

International Best Practice and the Constitution,Democracy and Rights Commission

The UK government has pledged to establish a Constitution, Democracy and Rights Commission. This body will have a wide remit to recommend potentially sweeping constitutional change. This article draws on international experience and best practice to outline how the commission might best organise the process to produce proposals which are widely supported, fit for purpose, and durable. We argue that to achieve these goals the commission’s organisation should reflect three key principles: impartiality, expertise, and public participation. This would reflect international best practice and build on recent domestic developments. We argue that these principles can best be achieved if the commission works through a citizens’ assembly that combines members of the public with party politicians. This would be a new departure for the UK, but a necessary one given the scale of the government’s constitutional reform agenda, and its stated goal of restoring public trust in politics.     

Human Rights Abuses in Bangladeshi Policing: the Protection Capacity of National Human Rights Commission

This paper is about human rights and policing in Bangladesh, with special focus on the role of National Human Rights Commission. The protection and promotion of human rights in Bangladesh has become difficult as the law enforcement agencies, particularly the police and the Rapid Action Battalion (RAB), are involved in human rights violations. An overall culture of impunity for human rights violations exists in Bangladesh. The National Human Rights Commission appears to have failed to break the culture of impunity in Bangladeshi politics. This paper explains the reasons why the National Human Rights Commission in Bangladesh largely fails to make the political system in particular law enforcement agencies accountable.     

人类劳动能力的普遍发展与平等的实现

依据马克思主义人的自由全面发展理论,人类建立平等的社会关系,归根结底取决于人们的劳动能力的普遍发展。当代新科技革命正在创造着人类劳动能力普遍发展的物质条件,而社会主义市场经济体制正在创造着人类劳动能力普遍发展的社会条件。因此,在新科技革命方兴未艾的时代背景下,社会主义实践者选择建立社会主义市场经济体制既符合生产力决定生产关系规律,也找到了人类实现共同富裕目标的新途径。     

Recalibrating social protection: Electoral competition and the new partisan politics of the welfare state

This article investigates the new party politics of welfare states with a particular focus on electoral competition. The argument is that welfare state politics are no longer just about more or less, but involve trade-offs among ‘new’ versus ‘old’ social rights, and hence social investment versus social consumption. However, party priorities on these issues are highly dependent upon their electoral situation. As electoral competition becomes more intense, parties focus more on vote maximisation than on their traditional policy goals. For left parties, this means focusing more on social investment, which appeals to their growing constituency of progressive sociocultural professionals, and less on defending the traditional income maintenance programmes favoured by their core blue-collar voters. Centre-right parties, on the other hand, should hesitate to retrench old social rights when electoral competition intensifies because they need to prioritise their appeal to culturally conservative working-class voters over their traditional fiscally conservative policy profiles. Using a new dataset and a recently published measure of electoral competitiveness, the article shows that as electoral competition intensifies, left governments are willing to prioritise social investment by reducing pension rights generosity in order to expand programmes for new social risks, while centre-right governments by contrast avoid retrenchment of pension rights and pension expenditures. The findings demonstrate that this relationship is moderated by the presence of a credible radical right challenger, which increases the electoral risk of welfare state recalibration.     

立法机构在公共政策制定中的功能与作用——韩国国会与中国全国人大的比较

国会的立法决策是公共政策的最基本形式之一。在议会政治中,政党、国会议员代表选民输入利益需求,经过立法活动的整合、调整,最终形成能够代表或反映特定利益诉求的、以法律或其他特定权威形式表现出来的公共政策。本文以韩国国会在公共政策制定中所扮演的角色、发挥的功能为参照,对比中国全国人大在公共政策制定中的作用和影响,通过总结韩国国会的经验和教训,试图为全国人大的制度建设提供有益的借鉴和启发。     

Human Rights in Policing: The Past,Present and Future

This article seeks to demonstrate, largely from practitioners’ perspectives, the growing evolution in understanding and implementation of meaningful human rights standards within the policing context. In the early 2000s, human rights were perceived and treated as a rather restrictive framework in UK policing. They are now more readily seen as a set of tools that guide and help the police to balance the views and interests of all parties to the criminal justice process. Human rights values enable police in the UK to better endeavour to do the right thing, ‘without fear or favour’.     

Well-Being in the Welfare State: Level Not Higher, Distribution Not More Equitable

The terms well-being and welfare are Often bracketed together, especially well-being and state welfare. The level of well-being is believed to be higher in welfare states, and its distribution more equitable. This theory is tested here in a comparative study of 41 nations from 1980 to 1990. The size of state welfare is measured by social security expenditures. The well-being of citizens is measured in terms of the degree to which they lead healthy and happy lives. Contrary to expectation, there appears to be no link between the size of the welfare state and the level of well-being within it. In countries with generous social security schemes, people are not healthier or happier than in equally affluent countries where the state is less open-handed. Increases or reductions in social security expenditure are not related to a rise or fall in the level of health and happiness either. There also appears to be no connection between the size of state welfare and equality in well-being among citizens of the state. In countries where social security expenditure is high, the dispersion of health and happiness is not smaller than in equally prosperous countries with less social insurance spending. Again, increases and reductions in social security expenditure are not linked with equality in health and happiness among citizens. This counterintuitive result raises five questions: (1) Is this really true? (2) If so, what could explain this lack of effect? (3) Why is it so difficult to believe this result? (4) How should this information affect social policy? (5) What can we learn from further research?     

Equality of resources and the demands of authenticity

One of the most distinctive features of Ronald Dworkin’s egalitarian theory is its commitment to holding individuals responsible for the costs to others of their ambitions. This commitment has received much criticism. Drawing on Dworkin’s latest statement of his position in Justice for Hedgehogs (2011), we suggest that it seems to be in tension with another crucial element of Dworkin’s own theory, namely, its endorsement of the importance of people leading authentic lives – lives that reflect their own values. We examine this tension between responsibility and authenticity, and some strategies Dworkin does and could deploy to defuse it, which we think are unsuccessful. We then propose a solution for reconciling the demands of responsibility and authenticity, which is, so we claim, friendly to Dworkin’s fundamental commitments but which leads to a revisionist interpretation of the demands of equality of resources.     

Equality as a driver of inequality? Universalistic welfare,generalised creditworthiness and financialised housing markets

Abstract

Scandinavian countries are known for their universalistic welfare states, corporatist coordination, strong economic performances and egalitarian outcomes, an institutional combination often referred to as the ‘Nordic model’. However, these countries also possess volatile and increasingly vulnerable housing markets characterised by periods of sharp increases in prices and rents and some of the highest debt to income ratios in the world. The combination of a universalistic welfare state and housing market dynamics sets off a self-reinforcing process of increased stratification and re-familialisation. How did these orderly, egalitarian and welfare-oriented societies end up with housing markets that expose their citizens to increasing risk while driving inequality? The key lies in the effect the Nordic welfare state has on financialised housing markets. Successful decommodification of human lives leads to generalised creditworthiness which stimulates asset price inflation and new wealth and risk inequalities.     

Making Child Protection Policy: The Crime and Misconduct Commission Inquiry into Abuse of Children in Foster Care in Queensland

Internationally as well as in Australia, public inquiries have become one of the dominant means of scrutinising child protection services. As such, inquiries have become a policy mechanism for defining the problem of child abuse, and developing possible solutions. This article examines the 2004 Crime and Misconduct Commission Inquiry into the Abuse of Children in Foster Care in Queensland. It discusses both the problems and potential of public inquiries in promoting positive change in a contested policy field like child protection.     

The Monitoring Capacity of Civil Society Networks: A Social Network Analysis in the Case of Gender Equality Policy

The role of civil society organizations (CSOs) as a watchdog in the implementation process is widely acknowledged. However, little is known about what determines their capacity to monitor EU policy implementation and how it differs across member states. This article accounts for social capital as well as human and financial capital to determine the monitoring capacity of CSOs. To capture sources of social capital, a network analysis is applied in a comparative case article on the monitoring networks of national platforms of the European Women’s Lobby across eight EU member states. The analysis reveals that CSOs in western member states are rich in human, financial and social capital, while CSOs in CEE member states compensate for this lack of resources by linking up with the Commission.     

Human Rights Culture: Solidarity,Diversity and the Right to be Different

The concept of a human rights culture has been crucial to the incorporation of the European Convention of Human Rights into UK law. In this paper media and activist representations of human rights for lesbian, gay, bisexual and transgender human rights are considered as indicative of an emerging human rights culture, especially around the Civil Partnerships Act 2004. A typology of representations of rights is developed and discussed. It is concluded that insofar as there is an emerging human rights culture, it is one that is concerned above all with creating and maintaining civic relationships rather than with the assertion of individual liberty, and as inviting political compromise rather than a principled stance on universal human rights.     

行政法上的平等原则探析

平等原则,经常作为受不利处分的当事人所引据为请求作成撤销或变更特定处分的理由,简单地说,也就是"别人可,为何我不可?"这就是"不法的平等"问题。相对人能否依据信赖原则在应然与实然之间主张不法的平等,国外和我国台湾地区一般禁止该主张,我国正处于市场化和法制化逐步完善之时,也宜加以禁止。     

Intersecting Inequalities: Reflecting on the Subjects and Objects of Equality

The creation of the Equality and Human Rights Commission (EHRC) brings together equality strands that have previously been conceived in a discrete manner, politically, legally and institutionally. Its establishment raises the possibility that UK equality institutions might be better able to engage with issues of 'intersectionality'. This article considers whether this potential is likely to be realised. It suggests that two distinct approaches are emerging in response to the challenge of multiple inequalities. One entails the EHRC retaining a separate strands approach to equality, with its notion of structural inequality and discrete, frequently competing, groups; a second entails the embrace of a diversity agenda in which we are all complex individuals seeking an equal opportunity to thrive in the market-place. Given the potential limitations of these approaches - the first may not be sufficiently flexible to allow for a joined-up approach to multiple inequalities, while the second may subordinate equality considerations to those of greater economy productivity - the article asks whether others way of negotiating the demands intersectionality might be open to the EHRC.     

Regionalism,sub-regionalism and the politics of identity in Oceania

Regional organization in Oceania has a history dating to the early post-war period while the rise of regional identities occurred somewhat later in the context of independence. This paper analyzes regionalization processes and accompanying discourses of regionalism relating to both pan-Pacific and more recent sub-regional developments. It pays particular attention to the dynamics of identity politics in the post-independence period and how these have played out in tensions within and between the varying exercises in regionalization.     

Needs,welfare and the limits of associationalism

This paper presents a critical account of current associationalist proposals for welfare reform. It argues that contrary to the associationalists' own case, the institutional structure suggested by associationalism would not better provide for the needs of welfare recipients. After a detailed exposition of the fundamental claims of proponents of associational welfare, the paper challenger two of the key normative judgements that underlie the associational project. First, it criticizes the associationalist tendency to emphasize unregulated choice in welfare provision, arguing that such a settlement would ignore the important disinction between ‘needs’ and ‘preferences’. Second, it rejects the associationalists' acceptance of significant inequalities in welfare provision, suggesting that such inequlities would, almost by conceptual definition, leave many recipients' needs unfulfilled. The paper concludes by indicating that any proposed welfare reform intended to enhance provision for needs should be located within the current statist tradition.