Is childhood a 'disability'? Exploring the exclusion of children from age discrimination provisions in the Equality Act 2010

The Equality Act 2010 was enacted with the aim of simplifying existing equality legislation and included extending age discrimination protection beyond the workplace to cover the provision of goods, facilities and services. Under-18s, however, were omitted from such provisions, despite lobbying from a number of different organisations and parliamentarians. This article considers the significance of this exclusion. It both challenges the legitimacy of the decision to exclude children, and considers the difficulties that arise from including under-18s within age discrimination provisions, namely those relating to children’s autonomy, capacity and right to equal treatment. In particular, it asks whether the question of children’s capacity to make decisions, the main ground on which children are denied all the human rights enjoyed by adults, should be revisited in light of the adoption of the Convention on the Rights of Persons with Disabilities, under which a finding of incapacity on the basis of disability constitutes discrimination. It goes on to explore other areas of convergence between childhood and disability studies, and particularly the benefits, and shortcomings, of a ‘social model’ approach to childhood.

Disability Discrimination: Obesity and the Court of Justice of the European Union’s decision in Karsten Kaltoft v Billund Kommune Case C-354/13 ECJ

Walker and Karsten are two important decisions in disability discrimination law – not solely on the basis of their legal and practical repercussions for the United Kingdom (UK) and European Union (EU), respectively, but because they capture the very ideological spirit of domestic and European anti-discrimination legislation. The former directly relates to disability discrimination in the UK and the entire EU is feeling the brunt of the Court of Justice of the European Union’s decision in the latter. This article explores the impact of both these decisions and to what extent the obese or those suffering from a functional overlay are now protected from being discriminated against by the Framework Directive 2000/78 and the United Kingdom’s Equality Act 2010.

Does more cycling mean more diversity in cycling?

In low-cycling countries, cycling is not evenly distributed across genders and age groups. In the UK, men are twice as likely as women to cycle to work and cycling tends to be dominated by younger adults. By contrast, in higher cycling countries and cities, gender differences are low, absent, or in the opposite direction. Such places also lack the UK's steady decline in cycling among those aged over 35 years. Over the past fifteen years some UK local areas have seen increases in cycling. This paper analyses data from the English and Welsh Census 2001 and 2011 to examine whether such increases are associated with greater diversity among cyclists. We find that in areas where cycling has increased, there has been no increase in the representation of females, and a decrease in the representation of older adults. We discuss potential causes and policy implications. Importantly, simply increasing cycling modal share has not proved sufficient to create an inclusive cycling culture. The UK's culturally specific factors limiting female take-up of cycling seem to remain in place, even where cycling has gone up. Creating a mass cycling culture may require deliberately targeting infrastructure and policies towards currently under-represented groups.

Reducing job-irrelevant bias in performance and appraisals: compliance and beyond

Job-irrelevant discrimination seems as ubiquitous as the performance appraisals in which it is commonly detected. This paper explores both compliance-based and more proactive approaches that deal with the various possible sources of discrimination in performance appraisal ratings. The suggestions lead to a code of practice for performance management in firms across cultures and national boundaries.