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.

Housing and neighbourhood development plans: an initial assessment of opportunities and impact of the Localism Act 2011 in England

The Localism Act 2011 created an opportunity for local communities to form Neighbourhood Forums and to prepare their own Neighbourhood Development Plans in urban and rural areas in England. Initial reactions suggested that, rather than leading to the development of more housing, these initiatives would confirm all the stereotypes of local residents blocking unwanted development in their defined neighbourhoods. However, neighbourhood plans need to be in general conformity with the Core Strategies of higher-tier plans and have to undergo an examination by an independent person appointed by government. This paper discusses the role and purpose of neighbourhood plans and the evidence base on which they are founded. It then reviews the ways in which housing strategies and evidence of need are reflected in a sample of plans which have been adopted to date. It concludes with an assessment of the broader impact of neighbourhood plans on the planning process.

Housing at the neighbourhood level: a review of the initial approaches to neighbourhood development plans under the Localism Act 2011 in England

The Localism Act 2011 created an opportunity for local communities to form neighbourhood forums and to prepare their own neighbourhood development plans in urban and rural areas in England. Initial reactions suggested that, rather than leading to the development of more housing, these initiatives would confirm all the stereotypes of local residents blocking unwanted development in their defined neighbourhoods. However, neighbourhood plans need to be in general conformity with the core strategies of higher-tier plans and often make provision for more new homes than planned before 2011. This article discusses the role and purpose of neighbourhood plans, the evidence base on which they are founded and some of the legal challenges which have helped clarify procedures. It then identifies two types of plan based on the ways housing strategies and evidence of need are reflected in a sample of 10 plans which have been made to date. It concludes that the voluntary nature of localism to date tends to favour more rural and affluent areas and ends with an assessment of the impact of neighbourhood plans on the planning process. It suggests that the implications for spatial planning may be far-reaching.

Engaged Disengagement: Reframing as Feminist Critique in Vanessa Place’s Tragodía

This essay positions Vanessa Place’s Tragodía (2011) as an instance of reframing as contemporary feminist cultural critique. An enquiry into allegory, hermeneutics, and the performative use of indifference in Place’s conceptual writing generates insights into new narrative conditions produced by Place’s work. Tragodía does not represent trauma but rather generates trauma through a poetic practice that has a bipartite structure: conceptual writing (allegory) and Place’s performances of the narratives. Place’s performance is read in this analysis as an ancillary act of reframing that raises the question of what might be at stake in the performative use of indifference. Understood as a strategy of failure, Place’s performance parallels the lack of mediation in the conceptual act of reframing. Positioned counter to the linguistic deformation of the subjects' speech acts and the erasure of affect that occurs in the legal narratives through the act of interpretation, the refusal to interpret implicit in the act of reframing in Tragodía is an ethical gesture, a paratextual pathway to metamorphosis. In its refusal to interpret, Tragodía creates a site of contextual resistance to the oppression of the subjects’ organic narratives by the institutional language of the law, and offers a new textual field of meaning-making.