Same law–same rights? Analyzing why Sweden's disability legislation failed to create equal rights in mental health

This article analyzed the apparent paradox of disability rights in Sweden. Despite strong welfare state traditions and stated Government ambitions to create generous statutory entitlements for all disabled people using a single, comprehensive Disability Act, psychiatric disabilities were principally excluded from the Disability Act's rights and provisions. The study focused on Sweden's Mental Health Reform and Disability Reform using governance perspectives that traced and analyzed the policy-processes of both reforms. Theoretically guided analytical frameworks were developed to help understand the divergent reform outcomes. The first focused on legislative arguments of regulatory specificity and legal enforcement mechanisms to consider whether the Disability Act was formulated in a manner that was easier to apply to certain disabilities. The second analyzed ideological arguments and the influence of Government political beliefs that signaled specific reform ‘visions’ to implementers and thereby influenced policy implementation. The main findings are that both perspectives matter as the dual influences of legislative and ideological differences tended to exclude mental health service users from the Act's generous disability rights. The overall conclusion was that while legislation was an important regulatory mechanism, the Government's underlying ideological reform vision was also an essential governance instrument that signaled Government intentions to implementing agencies and thus influenced the creation of enduring disability rights.     

The role of soft law in advancing the rights of persons with disabilities in the EU: A ‘hybridity’ approach to EU disability law

This article discusses the role of soft law in advancing the rights of persons with disabilities in the European Union (EU). In doing so, it revisits the emergence of the standalone, yet cross-cutting, field of ‘EU disability law’ through the lens of the ‘hybridity theory’ advanced inter alia by Trubek and Trubek. Being speculative in nature, this article construes EU disability law as a fruitful area for an enquiry into the dynamic relationship between hard and soft law. Until the entry into force of the Treaty of Amsterdam, soft law was crucial to attract disability within the sphere of action of the EU and to embed the social model of disability, displaying a value-setting role. In the post-Amsterdam period, soft law and hard law coexisted, being complementary to one another. Both contributed to a common objective, namely that of advancing equality of opportunities for persons with disabilities. After the conclusion of the UN Convention on the Rights of Persons with Disabilities, the dynamic relationship between hard and soft law has become more complex and akin to what Trubek and Trubek define as ‘transformation’.     

Can education policy be health policy? Implications of research on the social determinants of health

Research on the social determinants of health has demonstrated robust correlations between several social factors, health status, and life expectancy. Some of these factors could be modified through policy intervention. National-level public policies explicitly based on population health research are in various stages of development in many Western countries, but in spite of evident need, seemingly not at all in the United States. Because research shows such a strong association between education and good health, we offer evidence to show that at least two pressing problems in American society, namely the uneven distribution of educational attainment and health disparities linked to socioeconomic position, may be ameliorated through policy initiatives that link quality early childhood care, child development programs, and parental training in a seamless continuum with strengthened K-12 education.     

A law for need or a law for greed?: Restoring the lost law in the international law of foreign investment

The 1990s brought about a change in the international law of foreign investment due to the primacy achieved by the tenets of neo-liberalism. They drove concerns about the environment and poverty away from the concerns of the law and gave priority to the interests of multinational corporations by enhancing their ability for movement of assets and the absolute protection of these assets through treaty rules. The regime created by this law was operated through secure systems of dispute settlement through arbitration which also enabled the stabilization of these rules. In the process, private power of a section within the hegemonic state was able to subvert international law through the use of low order sources of the law and secure a system of investment promotion and protection. The restoration of the more universal themes of environmental protection and poverty alleviation is necessary. This paper outlines the developments that accentuated the sectional interests of multinational capital and explores the means by which a change that reflects the global interests could be effected.

Sex-symmetric effects of coercive behaviors on mental health? Not exactly

The present study tested a section of the model of coercion in intimate partner violence (IPV) by investigating the relationships among coercion, IPV and mental health symptoms. The study's sample consisted of 573 culturally diverse university students (age M = 21.4) who completed a survey that measured past IPV victimization, coercive behaviors, and mental health symptoms. Structural equation modeling analyses revealed that coercion was a stronger predictor of adverse mental health symptoms than was IPV victimization. In addition, the study found that the adverse effect of coercive behaviors on mental health symptoms was stronger among female victims of IPV than among male IPV victims. The results have implications for theory building, future research, and mental health professionals who work with female and male victims of IPV.     

Can the management school explain noncompliance with international environmental agreements?

Although the management school has been highly influential in the international cooperation literature, the explanatory power of Chayes and Chayes’ three explanations of noncompliance with international environmental treaties remain understudied. Having developed a framework for examining the explanatory power of treaty ambiguity, lack of state capacity, and unexpected social or economic developments, this paper conducts a rigorous empirical test in the context of a well-suited case—the 1999 Gothenburg Protocol. A careful reading shows that the language of the protocol is clear and unambiguous; indeed, there has been no disagreement over the treaty’s content. Furthermore, statistical analyses show no positive effect of political capacity on compliance. Finally, parties had adequate time to meet their obligations, and unexpected developments explain only a small part of the observed noncompliance. These findings pose a serious challenge to Chayes and Chayes’ three explanations of noncompliance—at least as far as the Gothenburg Protocol is concerned.     

Considering advances in neuroscience through the lenses of law and human?rights

Advances in neuroscience should be subject to a robust public dialogue that includes attention to the legal and human rights issues raised by both research and its applications.     

Removing the barriers; adolescent coping and attitudes towards mental health services in custodial settings – Can we improve services?

Young people in custodial care are known to have high levels of mental health and emotional problems, and recent policy and service developments have sought to improve their access to services. However, little is known about how they cope or about what would increase their uptake of services (when such services are available). This study aimed to develop, validate and use a standardised measure to examine the coping, help-seeking and attitudes of a larger cohort of young people in custody. There was a marked reluctance to seek help for any but the most serious of problems, but there were also indicators of what would make services more acceptable to this population, with implications for both commissioning and delivering services. In particular, greater involvement of parents and carers, offering a wider range of interventions and offering them more flexibly, and challenging stigma within the secure environment may increase uptake of services.