A Negligent Blow to Children at Risk: MAK and RK v United Kingdom (European Court of Human Rights)

In MAK and RK v United Kingdom the European Court found that the absence of a common law duty of care owed to parents by doctors falsely suspecting them of their child's abuse violated the European Convention on Human Rights. This appears to be so even where the suspicion is a reasonable and blameless one to make, all things considered. In such circumstances, the court's decision to find that a parents' Convention rights had been unjustifiably infringed, and to order compensation accordingly, is likely to have the effect of frustrating the effective protection of children genuinely at risk of abuse.     

The future of online social work education and Title IV-E child welfare stipends

ABSTRACT

In this concept paper, the authors explore online learning in social work and how IV-E education has been and will continue to be impacted. An empirical estimate of the national prevalence of online IV-E social work degree options is presented. Using Colorado as a case example, the authors share some of the opportunities and challenges presented by online education. Universities in Colorado have realized that online education connects rural and indigenous communities, reduces the need for students to relocate, and promotes a well-prepared, qualified child welfare workforce, but online options also challenge programs with localization issues. With connectivity increased and the physical location of students becoming less and less relevant, IV-E child welfare education providers need a proactive national dialogue to further assess the benefits and barriers to IV-E partnerships across state lines and the development of promising approaches in this area. The recruitment and retention of a well-educated and prepared child welfare workforce is critical for positive outcomes for children and families. Online social work education continues to grow nationwide. Now is the time for a national workgroup, including a broad group of stakeholders, to explore how the IV-E community will respond to online delivery of social work education.     

Healthy aspirations? Crypto-eugenics and the aim to create healthy families in Australia, 1946–1970s

This paper explores the incorporation of eugenic objectives within family focused and psychologically based public health initiatives throughout the 1940s–1970s. By focusing on three of Australia’s enduring public health initiatives – family planning, marriage guidance and sex education – I consider how post-war eugenic rhetoric in Australia was initially dominated by educational services which centred on creating a conducive environment for eugenically aligned reproductive choices within the nuclear family structure. The fact the term ‘eugenics’ was increasingly omitted from what remained eugenically aligned public health activities will also be considered.     

Equality Law and the Protected Characteristics

UK anti‐discrimination law is founded on a grounds‐based system of protected characteristics. For this system to function as a legitimate and workable legal framework the characteristics must satisfy three conditions: they must have some definitional and categorical stability, they must broadly reflect people's understanding of social reality and lived experiences and they must align with the most significant axes of discrimination in society. This article argues that all three conditions are becoming increasingly difficult to satisfy as a result of dramatic shifts in social configurations of identity and the ongoing failure to include socio‐economic status as a legally protected characteristic. The future of the legislative framework may depend on the willingness of courts and policy‐makers to adopt a more context‐based approach to the protected characteristics. This would require them to interrogate claims of individual instances of discrimination in the context of wider, but also more particular substantive group disadvantage.     

Diversity in the Judiciary: The Case For Positive Action

A range of policies has been developed in England and Wales to reform the judicial appointments process so as to promote greater diversity. But despite two decades of official activity, the pace of change has been far slower than anticipated. Increasing awareness of the intransigence of the problem has led to a greater willingness to revisit some of the more fundamental tenets which have underpinned the approach to the problem to date, in particular, the unquestioning and inflexible commitment to the principle of equal treatment. This article examines the different forms of positive action which might play a part in the development of new diversity strategies for the judiciary. It reviews the arguments for and against different types, in terms of effectiveness, quality of appointments, and equity. It goes on to consider the legal frameworks which govern diversity and equality policies and assesses the legal implications of adopting different forms of positive action.     

Interrogating the Political Economy of Age

This article considers the argument by Tim Vlandas, in this issue, that an ageing electorate may undermine democracies’ ability to make the right economic choices. Vlandas suggests that the emergence of gerontocratic politics may give rise to ‘gerontonomia’: an economy run for the old, at the expense of younger generations and of future prosperity. However, evidence from the UK suggests a more mixed picture. Age-based voting patterns have been consequential around single issues, not least the 2016 Brexit referendum. However, voters’ interests in broad economic policy models are not easily reducible to age dynamics, and intergenerational politics are filtered through a set of normative and affective considerations beyond straightforward self-interest. Moreover, since the rational interests of different age groups do not speak for themselves, cueing by political elites is potentially significant and may be contributing to older voters’ relative tolerance of a poor economic record.     

Feminism and Political History

Political historians traditionally privileged the political activities of men and masculine political institutions. This vision of political history was revised from the early 1970s, first by "women's history" and later due to the influence of the "gender turn". The latter encompassed a recognition that conceptions of masculinity and femininity contribute to the shaping of political power. Both developments challenged but ultimately reinvigorated political history. However, as this article will argue, political history and feminist history remain to an extent quarantined from one another, despite the radical potential for feminist scholarship to change the way politics is conceived.     

Experiential and empathetic engagements with global poverty: ‘Live below the line so that others can rise above it’

In recent years events that physically challenge Northern publics have emerged as a new form of engagement with global poverty. In this article we examine the ‘Live Below the Line’ (LBTL) campaign, which asks participants to live on a small amount of money equivalent to the international poverty line for five days, as an example of experiential exercises that complement physical challenges with the simulation of some aspect of poor people’s lives. Drawing on interviews with participants in the 2013 New Zealand campaign, we argue that LBTL creates a limited understanding of poverty focused on poor food consumption caused by low income. While participants were able to have a more embodied and empathetic engagement with poverty, they projected their own physical and emotional sensations onto imagined poor others. As a result, stereotypes about those living in poverty were reinforced rather than challenged.     

A Conversation About Q. D. Leavis

Mary Ellen Mark's photographic collection Twins (2003) raises provocative questions about performance, contingency and the relativity of difference, self and other. Her images complicate notions of individuality and foundational difference and challenge both self-recognition and recognition by others. They require viewers to observe closely, to spend time studying her subjects and to address the relativity—sometimes the radical relativity—of difference but also of sameness. Difficult questions about where ‘you’ end and ‘I’ begin are raised. Though Twins contains images of fraternal twins and triplets, Mark's subjects are, overwhelmingly, identical twins. She usually photographs them standing together, dressed in precisely the same way, in carefully constructed poses. This recreates the carnivalesque, performative aspect of Twins Day, held each year in Twinsburg, Ohio, in which the fact of being a twin (or in some cases triplet) is affirmed. Some identical twins choose to represent themselves as twins rather than solely as individuals, or as siblings who are also twins, in order to test out the limits of individuality. Here, I consider the ways in which such a chosen celebratory representation challenges different ways in which identical twins have been conceived of, which emphasise instead alterity and uncanniness.