Ethics in the workplace

The right to request flexible working has been introduced into the UK employment laws against a background of post-fordist work practices, which already allow for employer rather than employee flexibility. This paper posits the idea that for the individual employee to benefit from these new rights what is required is the situation of dialogues within the workplace that take place in an ethical frame that recognises the employee as an individual.

Removing children from the care of adults with diagnosed mental illnesses - a clash of human rights?

Health and social services providers throughout Europe are increasingly aware of the possibility of litigation from service users arising from the application of a human rights perspective to public service provision. The substantial body of case law that has emerged from the European Court of Human Rights (ECHR) is used regularly as the basis for this litigation at national and European levels. This paper presents an analysis of ECHR cases related to breaches of human rights that occurred when children were taken into care from families in which one or both parents had a diagnosed mental illness. The issues raised by these cases include the following: how to ensure that the right to family life is protected for adults with mental illnesses; how to ensure access and opportunities for parents to continue bonding with children in care; and how to avoid damaging children while giving time for a proper assessment of the care situation.

La justificación del Derecho de Resistencia en el Estado Constitucional Democrático de Derecho: algunas reflexiones iusfilosóficas

This paper aims to demonstrate how in the constitutional rule of law the right of resistance plays a key role in its development, its adaptation to the changing reality of society and the satisfaction of the interests of all the people involved in this common project. Firstly, we will analyze how individuals or social groups must act when they suffer injustices due to state acts or laws that violate their most basic rights. In some cases, we believe that they have the right to exercise any form of weak resistance that they deem appropriate to present at the public scene a cause that must be socially and politically recognized. Secondly, we will see what happens when the rule of law itself is in danger. In that case, we believe that society will have not only the right but the duty to exercise the resistance in its most extreme form to defend the existing constitutional order of any illegitimate authority that seeks to impose itself on it and the sovereignty of the people.

Historians and their duties

We need to specify what ethical responsibility historians, as historians, owe, and to whom. We should distinguish between natural duties and (non-natural) obligations, and recognize that historians' ethical responsibility is of the latter kind. We can discover this responsibility by using the concept of “accountability”. Historical knowledge is central. Historians' central ethical responsibility is that they ought to tell the objective truth. This is not a duty shared with everybody, for the right to truth varies with the audience. Being a historian is essentially a matter of searching for historical knowledge as part of an obligation voluntarily undertaken to give truth to those who have a right to it. On a democratic understanding, people need and are entitled to an objective understanding of the historical processes in which they live. Factual knowledge and judgments of value are both required, whatever philosophical view we might have of the possibility of a principled distinction between them. Historians owe historical truth not only to the living but to the dead. Historians should judge when that is called for, but they should not distort historical facts. The rejection of postmodernism's moralism does not free historians from moral duties. Historians and moral philosophers alike are able to make dispassionate moral judgments, but those who feel untrained should be educated in moral understanding. We must ensure the moral and social responsibility of historical knowledge. As philosophers of history, we need a rational reconstruction of moral judgments in history to help with this.

The Postmodern Non-city in Miquel de Palol’s "El Jardí del Set Crepuscles"

El Jardí del Set Crepuscles –primera novela del escritor y arquitecto catalán Miquel de Palol– nos brinda la oportunidad de reflexionar acerca de la metamorfosis experimentada por la ciudad occidental a principios de los años setenta del siglo pasado. De acuerdo con autores como Henri Lefebvre, David Harvey, Giandomenico Amendola o Edward Soja, el surgimiento de la ciudad posmoderna en el marco de la transición hacia el modo de acumulación postfordista se presenta acompañado por un debilitamiento del tejido social y de la esfera pública y cívica. El objetivo del presente artículo es ilustrar las estrategias narrativas y retóricas con las que el texto de Miquel de Palol representa, y analiza, dicho fenómeno.

El diagnóstico de la crisis de la cultura en España: del recorte público a la crisis sistémica

Desde su invención en los años cincuenta, la política cultural ha sido objeto de análisis y reflexión por parte de las ciencias sociales. No obstante, en España presenta una serie de características diferenciadoras frente a las democracias occidentales europeas como consecuencia del periodo franquista. Con la recuperación de la democracia España adquiere el paradigma dominante de una política cultural democrática basada en la libertad, el pluralismo y el derecho a la cultura. Sin embargo, tras décadas de gobiernos democráticos el diagnóstico de la política cultural en España presenta rasgos de crisis sistémica, además de los efectos de la crisis global financiera de inicios del siglo XXI. En este contexto, los autores diagnostican, aplicando la metodología Delphi y recurriendo a fuentes secundarias, un conjunto de discursos sociales y narrativas que parecen funcionar como recursos cognitivos solucionistas en la esfera artística y cultural y que no están exentos de contradicciones y aporías, fruto de su contraste empírico.

Recognition and Redistribution in Theories of Justice Beyond the State

We consider here how cultural and socioeconomic dimensions of justice beyond the state are related. First we examine cosmopolitan theories that have drawn on John Rawls's egalitarian liberal framework to argue that a just global order requires substantive, transnational redistribution of material resources. We then assess the view, ironically put forward by Rawls himself, that this perspective is ethnocentric and insufficiently tolerant of non-liberal cultures. We argue that Rawls is right to be concerned about the danger of ethnocentrism, but wrong to assume that this requires us to reject the case for substantive redistribution across state boundaries. A more compelling account of justice beyond the state will integrate effectively socioeconomic and cultural aspects of justice. We suggest that this approach is best grounded in a critical theory of recognition that responds to the damage caused to human relations by legacies of historical injustice.

Upholding the convention on the rights of the child: a quandary in cyberspace

Put in place to protect the rights of the child, the Convention on the Rights of the Child is a set of non-negotiable standards. A core principle underpinning the Convention is the child's right to participate fully in social arenas and to access sources of social support without excessive interference. Juxtaposing this is the right of the child to be shielded from harm, abuse and exploitation. Over the past several decades the Internet has emerged as a fast and easily accessible medium for people to connect and communicate. While the Internet provides children with a source of support through chat rooms, online communities and social networking sites, just as equally it can expose vulnerable children to predatory and deviant individuals exacerbating the potential for harm. Upholding the Convention in cyberspace is a challenge. The Internet is not owned or regulated by any governing body and accountability is difficult to enforce. This article discusses some of the difficulties of upholding the Convention online and provides recommendations for policy-makers to protect children as they participate in cyberspace.

Common Mistake in Contract Law

English law has long struggled to understand the effect of a fundamental common mistake in contract formation. Bell v Lever Brothers Ltd [1932] AC 161 recognises that a common mistake which totally undermines a contract renders it void. Solle v Butcher [1950] 1 KB 671 recognises a doctrine of 'mistake in equity' under which a serious common mistake in contract formation falling short of totally undermining the contract could give an adversely affected party the right to rescind the contract. This article accepts that the enormous difficulty in differentiating these two kinds of mistake justifies the insistence by the Court of Appeal in The Great Peace [2003] QB 679 that there can be only one doctrine of common mistake. However, the article proceeds to argue that where the risk of the commonly mistaken matter is not allocated by the contract itself a better doctrine would be that the contract is voidable.

Realising political equality: the European Court of Human Rights and positive obligations in a democracy'

The European Convention on Human Rights (ECHR) speaks of the importance of an “effective political democracy” in its Preamble, though it is only in Article 3 of Protocol 1 (P1-3) that we find a right to free elections. This paper discusses the role of “positive obligations” under P1-3. This paper outlines the positive obligations in P1-3 focusing on obligations where the state is required to do more than just change the law. This may mean providing resources or facilities, adopting regulatory frameworks or creating new institutions. The paper highlights specific positive obligations that need to be further developed in the jurisprudence of the European Court of Human Rights (ECtHR). Sometimes these can be developed by analogy with positive obligations recognised in other areas of ECtHR jurisprudence. However, beyond these cases, states should ensure that members of vulnerable and disadvantaged minorities are able to participate in the electoral process and should ensure that dominant political groups cannot abuse their political power to exclude other parties unfairly. This is necessary to realise equal political rights. The second section of this paper sketches some preliminary points about the Strasbourg institutions’ approach to P1-3. After that, the third section identifies circumstances where the ECtHR should apply a more intense scrutiny in P1-3 cases. The fourth, fifth and sixth sections look at positive obligations relating to the right to vote, the right to run for election and the regulation of political parties.

Working With Young Children as Co-Researchers: An Approach Informed by the United Nations Convention on the Rights of the Child

Research Findings: Under the United Nations Convention on the Rights of the Child (UNCRC), children have the right to express their views on all matters affecting them and to have those views given due weight. This right applies in the context of research; however, examples of young children being engaged as co-researchers remain rare. Practice or Policy: This article examines the implications of adopting an explicit UNCRC-informed approach to engaging children as co-researchers. It draws on a research project that sought to ascertain young children's views on after-school programs and that involved a university-based research team working along with 2 groups of co-researchers; each composed of 4 children aged 4 to 5. The article discusses the contribution made by children to the development of the research questions and choice of methods and their involvement in the interpretation of the data and dissemination of the findings. It suggests that, although there are limits to what young children can and will want to do in the context of adult-led research studies, an explicit UNCRC-informed approach requires the adoption of supportive strategies that can assist children to engage in a meaningful way, with consequent benefits for the research findings and outputs

The Presumption of Innocence and Irish Criminal Law:Whittling the Golden Thread

The right to be presumed innocent until proven guilty has been described as the 'golden thread' running through the web of the English criminal law and a 'fundamental postulate' of Irish criminal law which enjoys constitutional protection. The purpose of this book is to consider whether the reality matches the rhetoris surrounding this central precept of our criminal law and to consider its efficacy in light of recent legislative innovations.

Hidden Contradictions and Conditionality: Conceptualisations of Inclusive Education in International Law

The nature of education that children with disabilities should receive has been subject to much debate. This article critically assesses the ways in which the international human rights framework has conceptualised ‘inclusive education’. It argues that the right to education for children with disabilities in international law is constitutive of hidden contradictions and conditionality. This is most evident with respect to conceptualisations of ‘inclusion’ and ‘support’, and their respective emphases upon the extent of individual impairment or ‘deficit’ rather than upon the extent of institutional or structural deficit. It is vital that the new Committee on the Rights of Persons with Disabilities pays close attention to the utilisation of these concepts lest the Convention on the Rights of Persons with Disabilities further legitimises the ‘special needs’ educational discourse to which children with disabilities have been subject.

Prisons Memory Archive

Between 2006 and 2007, the Prisons Memory Archive (PMA) filmed participants, including former prisoners, prison staff, teachers, chaplains, visitors, solicitors and welfare workers back inside the Maze/Long Kesh Prison and Armagh Gaol. They shared the memory of the time spent in these prisons during the period of political violence from 1970 - 2000 in Northern Ireland, commonly known as the Troubles. Underpinning the overall methodology is co-ownership of the material, which gives participants the right to veto as well as to participate in the processes of editing and exhibiting their stories, so prioritising the value of co-authorship of their stories. The PMA adopted life-story interviewing techniques with the empty sites stimulating participants’ memory while they walked and talked their way around the empty sites. A third feature is inclusivity: the archive holds stories from across the full spectrum of the prison experience. A selection of the material, with accompanying context and links is available online www.prisonsmemoryarchive.com

Further Information:

The protocols of inclusivity, co-ownership and life-story telling make this collection significant as an initiative that engages with contemporary problems of how to negotiate narratives about a conflicted past in a society emerging out of violence. Inclusivity means that prison staff, prisoners, governors, chaplains, tutors and visitors have participated, relating their individual and collective experiences, which sit side by side on the PMA website. Co-ownership addresses the issues of ethics and sensitivity, allowing key constituencies to be involved. Life-story telling, based on oral history methodologies allows participants to be the authors of their own stories, crucial when dealing with sensitive issues from a violent past. The website hosts a selection of excerpts, e.g. the Armagh Stories page shows excerpts from 15 participants, while the Maze and Long Kesh Prison page offers interactive access to 24 participants from that prison. Using an interactive documentary structure, the site offers users opportunities to navigate their own way through the material and encourages them to hear and see the ‘other’, central to attempts at encouraging dialogue in a divided society. Further, public discussions have been held after screening of excerpts with community groups in the following locations - Belfast, Newtownabbey, Derry, Armagh, Enniskillen, London, Cork, Maynooth, Clones, and Monaghan. Extracts have been screened at international academic conferences in Valencia, Australia, Tartu, Estonia, Prague, and York. A dataset of the content, with description and links, is available for REF purposes.