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.

Radical interiors: Cindy Sherman's ‘Sex pictures’ and Kathy Acker's 'My mother: demonology'

In 1989, the American visual artist Cindy Sherman produced her ‘Sex Pictures’, a number of photographic images of two medical mannequins whose bodies had been dismembered and reconstructed to form abstract configurations that alluded to pornographic poses. Sherman's series was a response to the National Endowment for the Arts controversy, in which American artists such as Andres Serrano and the late Robert Mapplethorpe, whose work was considered obscene by the Republican Congress, were censored. Many artists in the culture-war period had their grants rescinded. The American avant-garde writer Kathy Acker published My Mother: Demonology in 1993. A prominent concern of Acker's in the work is what she termed her ‘writing freedom’ in a climate of cultural expurgation by the Republican elite. In particular, Acker was worried that she was ‘internalizing certain censorships’. This article addresses Sherman's and Acker's work in a comparative context to explore, through the theoretical work of Julia Kristeva, the ways in which their responses to a climate of political censorship can be read as forms of intimate revolt. Kristeva's notion of ejection—the act of placing something beyond the scope of the possible—transpires as ‘a condition of art's creation’ in Sherman's and Acker's work. Acker and Sherman use the pornographic reference in their work to disrupt and dislocate the narrative and image from convention in order to de-eroticize the body, against heteronormativity's terms, and empower the female sex organs. Eversion—that is, in Sherman's and Acker's works, the act of turning the institutional and maternal body inside out—emerges as a mode of resistance to the danger of the writer and the artist internalizing cultural restrictions. The everted body creates a site of radical interiority which becomes the (impossible) site for the radical (re-)embodiment of the feminine subject.