The Right to Work in the ECHR

The European Convention on Human Rights does not explicitly protect the right to work; nevertheless the ECHR case law protects aspects of this right. The paper summarises the content of the right to work and then demonstrates how the case law protects aspects of it. Article 8 can be used to protect the right to seek employment, while Articles 6 and 8 can be used to combat unfair dismissal. Other ECHR Articles prohibit discrimination. The paper concludes with some suggestions as to how to develop this trend in the case law. First, Article 8 should be recognised as protecting the negative aspects of the right to work. Second, the relationship between Article 8 and Article 14 needs clarification. Third, there is scope to develop positive obligations in relation to the right to work.

Overcoming health inequalities: A participative evaluation framework fit for the task

Aims: Healthcare providers are confronted with the claim that the distribution of health and healthcare provision is inherently unfair. There is also a growing awareness that the tools and methodologies applied in tackling health inequalities require further development. Evaluations as well as interventions usually focus on population-based indicators, but do not always provide guidance for frontline service evaluation and delivery. That is why the evaluation framework presented here focuses on facilitating local service development, service provider and user involvement, and the adequate representation of different population groups. Methods: A participative evaluation framework was constructed by drawing on six common success characteristics extrapolated from the published literature and policies on health inequalities. This framework was then applied to an intervention addressing women’s psychosocial health needs in order to demonstrate its utility in practice. Results: The framework provides healthcare professionals with an evidence-based tool for evaluating projects or programmes targeting health inequalities in ways that are responsive to local contexts and stakeholders. Conclusion: This participative evaluation framework supports the identification of meaningful psychosocial and contextual indicators for assessing the diverse health and social needs of service users. It uses multi-dimensional indicators to assess health and social care needs, to inform local service development, and to facilitate the exchange of knowledge between researchers, service providers, and service users. The inherent responsiveness enables rigorous yet flexible action on local health inequalities.

Nonmarket Capabilities and the Prosecution of Trade Remedy Cases in the United States

The study investigates the prosecution of US trade remedy cases as examples of administrative government agency investigations and seeks to identify key capabilities for effective corporate political strategy targeting these institutions. Trade remedy cases are important policy tools, designed to protect domestic firms from ‘unfair’ import competition. The research contributes to the growing literature on corporate political activity and its links with superior outcomes in the marketplace. Three capabilities are identified: the capability to collect market/non-market intelligence, the capability to build and shape the administrative record, and the capability to align business practice with the US trade remedy institutions.

The determinants of performance appraisal systems: A note (Do Brown and Heywood's results for Australia hold up for Britain?)

This article offers a replication for Britain of Brown and Heywood's analysis of the determinants of performance appraisal in Australia. Although there are some important limiting differences between our two datasets - the Australia Workplace Industrial Relations Survey (AWIRS) and the Workplace Employment Relations Survey (WERS) - we reach one central point of agreement and one intriguing shared insight. First, performance appraisal is negatively associated with tenure: where employers cannot rely on the carrot of deferred pay or the stick of dismissal to motivate workers, they will tend to rely more on monitoring, ceteris paribus. Second, employer monitoring and performance pay may be complementary. However, consonant with the disparate results from the wider literature, there is more modest agreement on the contribution of specific human resource management practices, and still less on the role of job control.

The effects of job demands and low job control on work-family conflict: The role of fairness in decision making and management

The present study examined whether Perceptions of organizational fairness (the procedural and interactional components) were able to diminish the negative effects of high job demands and low job control on the balance between work and family. The study participants were 713 women working in long-term care for elderly people in Finland. The results showed that high job demands, low job control, and unfair decision making were associated with high levels of time-based work interference with family (WIF). Perceptions of organizational fairness were found to partially mediate the association between Job control and WIF In addition, fair treatment and management protected against WIF when demands were low but were unable to bluffer against the negative effects of high job demands. (C) 2008 Wiley Periodicals, Inc.

What now for the contact hypothesis? Towards a new research agenda

This article begins with a review of recent research on the Contact Hypothesis. It will be shown that the literature in this area has become essentially closed and self-referential where the core political and theoretical premises that underpin the Hypothesis have been taken for granted and the debates have therefore become restricted simply to how best to measure the influence of inter-group contact. One of the key reasons for this is the lack of critical engagement with the Contact Hypothesis from those of a more structuralist and/or ‘radical’ perspective. This may be because the individualistic focus of the Hypothesis is seen from such a perspective as largely irrelevant to addressing racial and ethnic divisions and/or because it may be felt that to engage with the concept is to give it undue legitimacy. It will be argued in this article, however, that the wholesale dismissal of the Contact Hypothesis is a little premature. Just as recent research on racial and ethnic divisions has drawn attention to the way in which such divisions exist at a number of layers within the social formation – from the structural, political and ideological through to the sub-cultural, interactional and biographical – so must any initiatives aimed at addressing these divisions be similarly ‘multi-layered’ in their approach. However, it will be argued that for research to help inform specific strategies at the interactional level, there needs to be a significant change in the way that inter-group contact, and the Contact Hypothesis more generally, is studied. The article will ‘model out’ one potentially fruitful way in which such research can develop through the use of an ethnographic case study involving a cross-community scheme arranged for Protestant and Catholic children in Northern Ireland.

Waterpower: Politics and the Geography of Water Provision

Access to potable water is frequently said to be the defining world crisis of the twenty-first century. The argument is usually framed in terms of either direct environmental constraints or various totalistic views of how the political determines outcomes. There is little or no scope for the agency of practical politics. Both physical and human geographers tend to be dismissive of the possibilities of democratic politics ever resolving crises such as those of the geography of water provision, in part because of views of scientific expertise that devalue popular participation in decisions about technical matters such as water quality and distribution. Such dismissal also has much to do with a more generalized denigration of politics. Politics (the art of political deliberation, negotiation, and compromise) needs defending against its critics and many of its practitioners. Showing how politics is at work around the world in managing water problems and identifying the challenges that water problems pose for politics provides a retort to those who can only envisage inevitable destruction or a totalistic political panacea as the outcomes of the crisis of the century.

Unveiling Fairness for the Consumer:The Law, Economics and Justice of Expanded Arbitration

In recent years, the US Supreme Court has rather controversially extended the ambit of the Federal Arbitration Act to extend arbitration’s reach into, inter alia¸ consumer matters, with the consequence that consumers are often (and unbeknownst to them) denied remedies which would otherwise be available. Such denied remedies include recourse to class action proceedings, effective denial of punitive damages, access to discovery and the ability to resolve the matter in a convenient forum.

The court’s extension of arbitration’s ambit is controversial. Attempts to overturn this extension have been made in Congress, but to no avail. In contrast to American law, European consumer law looks at pre-dispute agreements to arbitrate directed at consumers with extreme suspicion, and does so on the grounds of fairness. In contrast, some argue that pre-dispute agreements in consumer (and employment) matters are consumer welfare enhancing: they decrease the costs of doing business, which is then passed on to the consumer. This Article examines these latter claims from both an economic and normative perspective.

The economic analysis of these arguments shows that their assumptions do not hold. Rather than being productive of consumer surplus, the use of arbitration is likely to have the opposite effect. The industries from which the recent Supreme Court cases originated not only do not exhibit the industrial structure assumed by the proponents of expanded arbitration, but are also industries which exhibit features that facilitate consumer welfare reducing collusion.

The normative analysis addresses the fairness concerns. It is explicitly based upon John Rawls’ notion of “justice as fairness,” which can provide a lens to evaluate social institutions. This Rawlsian analysis considers the use of extended arbitration in consumer matters in the light of the earlier economic results. It suggests that the asymmetries present in the contractual allocation of rights serve as prima facie evidence that such arbitration–induced exclusions are prima facie unjust/unfair. However, as asymmetry is only a prima facie test, a generalized criticism of the arbitration exclusions (of the sort found in Congress and underlying the European regime) is overbroad.

Just a piece of cloth? German courts and employees with headscarves

On 10 October 2002, and on 24 September 2003, the German Federal Labour Court and the German Federal Constitutional Court each delivered a decision on the consequences of wearing a headscarf for employees. Both courts appeared to protect the individual rights of the woman in question. The Federal Labour Court invalidated the dismissal of a salesperson based on the wearing of a headscarf; the Federal Constitutional Court held that a school teacher must not be denied employment on grounds of wearing a headscarf. However, both courts also left some room for manoeuvre in favour of clothing policies or laicism principles which could be used to justify head-scarf bans. This note discussed the potential and drawback of these cases, especially as regards intersectional inequalities along the lines of gender, religion and ethnicity.

'Pues tanto se esconde': Elusion at (inter)play in Ana Caro's El conde Partinuplés

El conde Partinuplés (first published 1653) is one of only two extant plays written by the Sevillan poet/dramatist Ana Caro Mallén de Soto (‘la décima musa sevillana’). Despite McKendrick's dismissal of the play as ‘extremely bad’, it has been the object of substantial critical scrutiny since the 1970s, impelled in great part by the production of modern editions (Luna and Delgado) and by Kaminsky's bio-biographical study (1973). Two responses have dominated: analysis of the play's imaginative reconceptualization of source material (most notably the Classical myth of Cupid and Psyche as contained in Apuleius and transmitted via the anonymous French chivalric romance Portonopeus de Blois; and more contemporary models, such as Calderón's La vida es sueño); discussions of the play from a gender/feminist perspective. There is some inevitable entanglement in these approaches, areas of ideological concurrence, but also of contradiction. This article will offer a critical synthesis of these lines of enquiry around an analysis of the play's patterns of non-identical repetition and, following Hubert's theory of ‘double movement’, will move beyond these to consider the generative and potentially transcendent nature of the interplay of inscription (text) and transcription (interpretive performance). A subversive strategy of elusion underpins this interference, a dynamic, mobile frame within which ‘envidia’ (‘celos’) functions as a prominent dramatic catalyst, directed outwards, and mobilized both as a potent catalyst for the female dramatist's artistic creativity and as an antagonistic interrogation of broader socio-cultural forms of inequality. The play's (new) marvellous versions and inversions expand the functions of the sign beyond Renaissance resemblance and repetition, challenging its promotion of unity and stable identity, and opening up an interactive space between the represented (world/product) and the representing (stage/process). The power of authorities, as figured in/through the dramatic and rhetorical devices of the play, is self-consciously precarious, but it is this very anxious articulation that challenges the very authority of power.