Friday 4 November 2011

key articles covering equalities and human Rights issues

British Journal of Special Education Vol 38, Number 3, September 2011
1. pp.112-119 ‘Time to end the bias towards inclusive education.’ This article “draws on the concept of ableism and critiques of neo-liberal market systems in education to reveal and explore the persistent barriers to inclusive education embedded within the education system. It is argued that although there may have been an inclusive education policy rhetoric, this rhetoric is rooted in conceptual incongruities which, rather than promoting inclusion, undermine an inclusive approach to education.
2. pp.120-125 ‘Recognising the needs of every disabled child: the development of tools for a disability census.’ “The Equality Act 2010 further enshrines the duties on organisations set out in the Disability Discrimination Act 2005 to safeguard the rights of vulnerable children. However disability is a complex phenomenon which makes the collection of data and subsequent identification of children who might be classed as disabled, problematic.” This article explores the findings of a nationwide survey with questions about multiple indicators of disability and argues for the parents views to be privileged in the collection of disability data.

Community Care 27 October 2011
3. pp.24-25 ‘SCRs are no panacea’ Making serious case reviews mandatory when adults at risk are murdered was a key recommendation from the Equality and Human Rights Commission’s inquiry into disability-related harassment, which reported last month. Article discusses various perspectives on this recommendation.
4. pp.34-35 ‘Role of voluntary groups in disability service provision’ “Reviews research showing how the third sector can innovate in order to deliver care in times of cuts and restraint.”

Disability Now Issue 49, November 2011
5. p.7 ‘Disabled children paying high price of welfare reform’ 40% of disabled children are living in poverty new research by The Children’s Society shows.
6. pp.31-33 ‘Double time’ a disabled person guilty of committing a crime should be subject to the same degree of retribution as anyone else. But as Annie Makoff discovers, some disabled prisoners may be getting twice the punishment, receiving treatment tantamount to neglect, discrimination and abuse.

Education Law Reports [2011] 385-490 Number 5
7. pp.446-469 G (By HIS LITIGATION FRIEND) V THE HEAD TEACHER AND GOVERNORS OF ST GREGORY’S CATHOLIC SCIENCE COLLEGE [2011] EWHC 1452 (Admin). “Discrimination – School uniform policy – Whether uniform policy prohibiting the wearing of hair in cornrows by boys was discriminatory on race and sex grounds.

Forced Migration Issue 38, October 2011
8. pp.38-39 ‘Sharing sensitive data on forced migrants.’ “Can a collaborative web-platform for sharing critical demographic information about displaced people improve delivery and response?”
9. pp.50-51 ‘Preventing partner violence in refugee and immigrant communities.’ “For many refugees and other forced migrants, sexual and gender-based violence does not necessarily stop after resettlement; for some, that may be when it starts.”

IDS Employment Law Brief 936, November 2011
10. pp.9-10 ‘Collectively agreed age limit on pilots contrary to EU law.’ ‘Priggs and ors v Deutsche Lufthansa AG, ECJ.’ “A collective agreement, recognised by German law, which prohibited commercial airline pilots at or over the age of 60 from flying for safety reasons was not compatible with the EU Equal Treatment Directive (No.2000/78). The agreement was at odds with both national and international law, which allows pilots aged between 60 and 64 to fly, provided certain conditions are met. As such the age limit of 60 was not necessary to secure public safety, nor justified on this ground as a genuine and determining occupational requirement.”
11. pp.13-14 ‘Discrimination claim not excluded by state immunity.’ ‘Federal Republic of Nigeria v Ogbonna, EAT.’ “An employment tribunal had been correct to hold that a foreign government does not enjoy state immunity in respect of a claim by an embassy employee for compensation for physical and psychiatric injury arising from discriminatory treatment. Although under the terms of the State Immunity Act 1978 a similar claim for injury to feelings or economic loss would attract immunity, all personal injury claims – whether they rise from negligence, breach of statutory duty or discrimination – are covered by a statutory exception to that immunity.”

IRS Employment Law Review 23rd October 2011
12. p.1‘Sex discrimination: Special treatment of employee on maternity leave resulted in unlawful discrimination against male colleague’ In Eversheds Legal Services Ltd v de Belin [2011], the EAT held that a male employee was discriminated against on the grounds of sex when he was selected for redundancy after a colleague on maternity leave was automatically given the highest possible score in respect of one of the selection criteria.

Labour Research November 201, Vol 100, No 11
13. p.25 ‘Stress - It’s Enough to Make You Sick.’ “Stress has become the biggest cause of long-term sickness absence for manual and non-manual workers for the first time. This was the main finding in the 2011 Absence Management survey from the human resources professionals’ organisation, the Chartered Institute of Personnel and Development (CIPD), and healthcare provider Simplyhealth.”

Local Government Lawyer Autumn 2011: Issue 17
14. pp.7-9 ‘Update on Equality Duties.’ “As spending cuts bite, this year’s round of budget-setting by local authorities has been painful. Reductions in services have been forced on authorities by the Government’s Comprehensive Spending Review, but the decisions as to those reductions have triggered a wave of legal challenges. Most of these place reliance on statutory equality duties. Several recent decisions demonstrate how easy it is for decision makers to fall foul of the statutory requirements.”

New Law Journal 21 October 2011
15. p.1425 ‘Visa changed declined’ Attempt to prevent forced marriages ruled unlawful. “A Home Office ban on foreign spouses under the age of 21 settling in the UK has been ruled unlawful by the Supreme Court.”

Poverty Issue 140, Autumn 2011
16. pp.6-10 ‘Riots, redistribution and reparation.’ “Many people have asked why a tiny proportion of (mostly) young people rioted this summer. They have also questioned the part that rising inequalities could have played in making many people poor and some angry.” This article seeks answers from an eclectic mix of sources, including a Chinese daily newspaper, a former London gang member and the Institute for Fiscal Studies.
17. pp.15-18 ‘Universal credit: the gender impact.’ “The government’s plans to introduce a new universal credit are intended to improve work incentives and simplify a complex benefits system, but may work against its duty to promote gender equality.” This article examines the impact the new benefit may have on gender issues, in particular on financial autonomy for women.

Solicitors Journal, 25 October 2011, Vol 155, No 40
18.p.19 ‘Complying with the equality duty: public authorities must still comply with their obligations under the new equality duty despite the budget cuts...’ Article discusses how public bodies can protect themselves against the “latest favourite ground” for judicial review.
19. pp.27-29 ‘Employment update.’ Considers the default retirement age, the new regulations for agency workers, the extended qualifying period for unfair dismissal claims and cases on religious belief.

Welfare Rights Bulletin 224, October 2011
20. pp.4-6 ‘Unnoticed? The flaw in ESA conversion decisions.’ Discusses the problems with letters sent by the DWP to existing claimants of incapacity benefit (IB), severe disablement allowance (SDA) and income support (IS) on grounds of disability informing them that they are to be reassessed for employment and support allowance (ESA).

EHRC Library & Information Services
0161 829 8308

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