Proportionality in Age Discrimination Cases - a Model Suitable for Socially Embedded Rights

This chapter discusses the use of proportionality in age discrimination cases before the Court of Justice of the European Union. It argues that the Court does not use this concept systematically - indeed it exposes some contradiction that make the case law seem arbitrary - and proposes a more fruitful use of the principle, which is in line with a modern conception of human rights. The chapter argues that the principle of proportionality stems from the time when human rights served the recently liberated burgeois elite in guarding their rights to property and liberty against the state. Today, states not only respect human rights (which is fully sufficient for this elite, who can rely on their inherited wealth to fend for themselves). They also protect and promote human rights, and these activities are a precondition for human rights to be practically relevant for the whole population. This also means that state activity, which is experienced as a limitation of rights to property and liberty by some, may constitute a measure to promote and protect human rights of others. In employment law - the only field where the EU ban on age discrimination is applied - this is a typical situation. If such a situation occurs, the principle of proportionality must be applied in a bifurcated way.It is not sufficient that the limitation of property rights is proportionate for the achievement of a public policy aim. If the aim of public policy is to enable the effective use of human rights, the limitation of the state action must be proportionate to the protection and promotion of those human rights. It is argued that the principle of proportionality is superior to less structures balancing acts (e.g. the Wednesbury principle), if it is applied both ways. Going over to the field of age discrimination, the chapter identifies a number of potentially colliding aims pursued in this field. Banning age discrimination may relate to genuine aims of anti-discrimination law if bias against older or very young workers is addressed. However, the EU ban of discrimination against all ages also serves to restructure employment law and policy to the age of flexibilisation, replacing the synchronisation principle that has been predominant for the welfare states of the 20th century. The former aim is related to human rights protection, while the latter aim is not (at least not always). This has consequences for applying the proportionality test. The chapter proposes different ways to argue the most difficult age discrimination cases, where anti-discrimination rationales and flexibilisation rationales clash

Breaking the Intimate Screen: Pre-Recording, Special Effects and the Aesthetics of Early British Television

The technological constraints of early British television encouraged drama productions which emphasised the immediate, the enclosed and the close-up, an approach which Jason Jacobs described in the title of his seminal study as 'the intimate screen'. While Jacobs' book showed that this conception of early British television drama was only part of the reality, he did not focus on the role that special effects played in expanding the scope of the early television screen. This article will focus upon this role, showing that special effects were not only of use in expanding the temporal and spatial scope of television, but were also considered to be of interest to the audience as a way of exploring the new medium, receiving coverage in the popular press. These effects included pre-recorded film inserts, pre-recorded narration, multiple sets, model work and animation, combined with the live studio performances. Drawing upon archival research into television production files and scripts as well as audience responses and periodical coverage of television at the time of broadcast, this article will focus on telefantasy. This genre offered particular opportunities for utilising effects in ways that seemed appropriate for the experimentation with the form of television and for the drama narratives. This period also saw a variety of shifts within television as the BBC sought to determine a specific identity and understand the possibilities for the new medium.
This research also incorporates the BBC's own research and internal dialogue concerning audiences and how their tastes should best be met, at a time when the television audience was not only growing in terms of number but was also expanding geographically and socially beyond the moneyed Londoners who could afford the first television sets and were within range of the Alexandra Palace transmissions. The primary case study for this article will be the 1949 production of H.G.Wells’ The Time Machine, which incorporated pre-recorded audio and film inserts, which expanded the narrative out of the live studio performance both temporally and spatially, with the effects work receiving coverage in the popular magazine Illustrated. Other productions considered will be the 1938 and 1948 productions of RUR, the 1948 production of Blithe Spirit, and the 1950 adaptation of The Strange Case of Dr Jekyll and Mr Hyde. Despite the focus on telefantasy, this article will also include examples from other genres, both dramatic and factual, showing how the BBC's response to the changing television audience was to restrict drama to a more 'realistic' aesthetic and to move experimentation with televisual form to non-drama productions such as variety performances.

Beyond Pietism and Prosperity: Religious Resources for Reconstruction and Reconciliation in Zimbabwe

It is often assumed that charismatic Christianity in Africa promotes either a pietist withdrawal from social and political concerns, or a preoccupation with gaining individual health and wealth (the prosperity gospel). This research presents an alternative vision of the role of charismatic Christianity in Zimbabwe. Drawing on an ethnographic case study of a charismatic congregation, it analyzes how these Christians are drawing links between spirituality and social action. This congregation is developing an egalitarian conception of power, promoting service to the poor, and using biblical discourses to support their actions. This can be understood as part of a wider process in which Zimbabwean Christians are using religious resources to develop a vision for reconstruction and reconciliation. This article points to further areas in which the churches could use their public position to raise sensitive issues, including how to deal with the past and heal relationships between previously antagonistic groups.

Non-domination, non-alienation and social equality: towards a republican understanding of equality

The republican idea of non-domination stresses the importance of certain social relationships for a person’s freedom, showing that freedom is a social-relational state. While the idea of freedom as non-domination receives a lot of attention in the literature, republican theorists say surprisingly little about equality. Therefore, the aim of this paper is to carve out the contours of a republican conception of equality.. In so doing, I will argue that republican accounts of equality share a significant normative overlap with the idea of social equality. However, closer analysis of Philip Pettit’s account of ‘expressive egalitarianism’ (which Pettit sees as inherently connected to non-domination) and recent theories of social equality shows that republican non-domination – in contrast to what Pettit seems to claim – is not sufficient for securing (republican) social equality. In order to secure social equality for all, republicans would have to go beyond non-domination.

Independent genomewide screens identify the tumor suppressor VTRNA2-1 as a human epiallele responsive to periconceptional environment

Background: Interindividual epigenetic variation that occurs systemically must be established prior to gastrulation in the very early embryo and, because it is systemic, can be assessed in easily biopsiable tissues. We employ two independent genome-wide approaches to search for such variants.

Results: First, we screen for metastable epialleles by performing genomewide bisulfite sequencing in peripheral blood lymphocyte (PBL) and hair follicle DNA from two Caucasian adults. Second, we conduct a genomewide screen for genomic regions at which PBL DNA methylation is affected by season of conception in rural Gambia. Remarkably, both approaches identify the genomically imprinted VTRNA2-1 as a top environmentally responsive epiallele. We demonstrate systemic and stochastic interindividual variation in DNA methylation at the VTRNA2-1 differentially methylated region in healthy Caucasian and Asian adults and show, in rural Gambians, that periconceptional environment affects offspring VTRNA2-1 epigenotype, which is stable over at least 10 years. This unbiased screen also identifies over 100 additional candidate metastable epialleles, and shows that these are associated with cis genomic features including transposable elements.

Conclusions: The non-coding VTRNA2-1 transcript (also called nc886) is a putative tumor suppressor and modulator of innate immunity. Thus, these data indicating environmentally induced loss of imprinting at VTRNA2-1 constitute a plausible causal pathway linking early embryonic environment, epigenetic alteration, and human disease. More broadly, the list of candidate metastable epialleles provides a resource for future studies of epigenetic variation and human disease.

Land wars in India: Contestations, social forces and evolving neoliberal urban transformation

Land wars in India: Contestations, social forces and evolving neoliberal urban transformation
The recent incidents of ‘land wars’ in India have highlighted the contradictions and challenges of the neoliberal urban transformation through a range of issues across governance, equity and empowerment in the development agenda. Simply put, a strong top down approach and corporate-political nexus have determined the modality of land acquisition, compensation and ultimately the nature of its consumption leaving out majority urban poor from its benefits. The paper focuses on the concept of neoliberalism as a modality of urban governance and emergence of the grassroots activism as a countermagnate to neoliberalist hegemony by examining the inequity and marginalization that embody these ‘land wars’ in India and the forms of resistance from the grassroots - their capacity, relationship and modus operandi. Emerging lessons suggest the potential for advancing governance from the bottoms up leading to more equitable distribution of resources. It is however argued that there is a need for a stronger conception of the ‘grassroots’ in both epistemological and empirical context. In particular, the preconditions for the ‘grassroots organisations’ to foster and play a more effective role requires a more inclusive notion of ‘institutionality and plurality’ within the current political economic context. The empirical focus of the paper is ‘land wars’ observed in Kolkata, West Bengal, however references to other examples across the country have also been made.

The United Kingdom, the United Nations Human Rights Council and the first cycle of the Universal Periodic Review

The introduction of the Universal Periodic Review (UPR) mechanism as an innovative component of the new Human Rights Council in 2006 has suffered little academic scrutiny. This is partly because it holds as its objective an improvement in human rights situations on the ground, a goal that is difficult to test amongst so many possible causal factors attributable to law reform and policy change, and partly due to the fact that the mechanism has only completed one full cycle of review. This article seeks to remedy this absence of analysis by examining the experience of the United Kingdom during its first review. In doing so, the article first considers the conception of the UPR, before progressing to examine the procedure and recommendations made to the UK by its peers. Finally, the article considers the five year review of the UPR which occurred as a subset of the Human Rights Council Review in 2011 and the resulting changes to the process modalities.

From the Right to Life to the Right to Livability: Radically Re-approaching ‘Life’ in Human Rights Politics

This article critically reflects on current mainstream debate on abortion in international human rights discourse and the conception of life underpinning it. The public health focus on access to safe abortion which has dominated this discourse can be detected as committed to a fundamentally liberal idea of bounded and individual subjecthood which mirrors the commitments of the liberal right to life more generally. However, feminist challenges to this frame seeking to advance wider access to reproductive freedoms appear equally underpinned by a liberal conception of life. It is asserted that feminists may offer a more radical challenge to the current impasse in international debate on abortion by engaging with the concept of livability which foregrounds life as an interdependent and conditioned process. The trope of the ‘right to livability’ developed in this article presents a means to reposition the relation between rights and life and facilitate such radical engagement which better attends to the socio-political conditions shaping our interdependent living and being.

Butt out - baby on board

It is estimated that the cost of treating women and their infants with smoking related problems is up to £87.5 million each year (ASH, 2013). Whilst these statistics depict a major problem for the National Health Service, they challenge midwives to become change agents within this health promotion area. A desired outcome from The Maternity Strategy for Northern Ireland (DHSSPSNI, 2012) includes giving every baby and family the best start in life. Assisting women to stop smoking before conception, could help to achieve this outcome and provide opportunities for a greater start in life following birth.

Reclaiming the Radical in Universal Human Rights: Universality as Universalisation

The universality of human rights has been a fiercely contested issue throughout their history. This article contributes to scholarly engagements with the universality of human rights by proposing a re-engagement with this concept in a way that is compatible with the aims of radical politics. Instead of a static attribute or characteristic of rights this article proposes that universality can be thought of as, drawing from Judith Butler, an ongoing process of universalisation. Universality accordingly emerges as a site of powerful contest between competing ideas of what human rights should mean, do or say, and universal concepts are continually reworked through political activity. This leads to a differing conception of rights politics than traditional liberal approaches but, moreover, challenges such approaches. This understanding of universality allows human rights to come into view as potentially of use in interrupting liberal regimes and, crucially, opens possibilities to reclaim the radical in rights.

Does mothers' postnatal depression influence the development of imitation?

Background: Links between mothers' postnatal depression (PND) and children's cognition have been identified in several samples, but the evidence is inconsistent. We hypothesized that PND may specifically interfere with infants' imitation, an early learning ability that features in early mother-infant interaction and is linked to memory, causal understanding and joint attention. 

Methods: A randomly controlled experiment on imitation was embedded into a longitudinal study of a representative sample of firstborn British infants, whose mothers were assessed for depression using the SCAN interview during pregnancy and at 6 months postpartum. At a mean of 12.8 months, 253 infants were presented with two imitation tasks that varied in difficulty, in counterbalanced order. 

Results: The infants of mothers who experienced PND were significantly less likely than other infants in the sample to imitate the modelled actions, showing a 72% reduction in the likelihood of imitation. The association with PND was not explained by sociodemographic adversity, or a history of depression during pregnancy or prior to conception. Mothers' references to infants' internal states during mother-infant interaction at 6 months facilitated imitation at 12 months, but did not explain the link with PND. 

Conclusions: The findings support the hypothesis that associations between PND and later cognitive outcomes may partly derive from effects of the mother's illness on infants' early learning abilities. Support for infants' learning should be considered as an age-appropriate, child-focused component of interventions designed to ameliorate the effects of PND.

Parker Morris and the Fordist House

6.00 pm. If people like watching T.V. while they are eating their evening meal, space for a low table is needed (Ministry of Housing and Local Government, Space in the Home, 1963, p. 4).

This paper re-examines the 1961 Parker Morris report on housing standards in Britain. It explores the origins, scope, text and iconography of the report and suggests that these not only express a particularly modernist conception of space but one which presupposed very specific economic conditions and geographies.

Also known as Homes for Today and Tomorrow Parker Morris attempted, through the application of scientific principles, to define the minimum living space standards needed to accommodate household activities. But while early modernist research into notions of existenzminimum were the work of avant-garde architects and thinkers, Homes for Today and Tomorrow and its sister design manual Space in the Home were commissioned by the British State. This normalization of scientific enquiry into space can be considered not only as a response to new conditions in the mass production of housing – economies of scale, prefabrication, system-building and modular coordination – but also to the post-war boom in consumer goods. In this, it is suggested that the domestic interior was assigned a key role as a privileged site of mass consumption as the production and micro-management of space in Britain became integral to the development of a planned national economy underpinned by Fordist principles. Parker Morris, therefore, sought to accommodate activities which were pre-determined not so much by traditional social or familial ties but rather by recently introduced commodities such as the television set, white goods, table tennis tables and train sets. This relationship between the domestic interior and the national economy are emblematized by the series of placeless and scale-less diagrams executed by Gordon Cullen in Space in the Home. Here, walls dissolve as space flows from inside to outside in a homogenized and ephemeral landscape whose limits are perhaps only the boundaries of the nation state and the circuits of capital.

In Britain, Parker Morris was the last explicit State-sponsored attempt to prescribe a normative spatial programme for national living. The calm neutral efficiency of family-life expressed in its diagrams was almost immediately problematised by the rise of 1960s counter-culture, the feminist movement and the oil crisis of 1972 which altered perhaps forever the spatial, temporal and economic conditions it had taken for granted. The debate on space-standards, however, continues.

Street Space—North Street, Belfast

The Belfast city center is fractured, divided by motorways, parking lots, empty buildings, and big box stores. Its 19th-century heyday put it on the international map of textile production, which transformed and enriched its built structure. This tight architectural fabric was slowly destroyed in the 1940s by the Blitz, in the 1970s by road plans and “the troubles” and in the 1990s by large retail buildings. Few pedestrian streets traverse Belfast, and among them, most are recently-developed conduits for the passage of shoppers from one chain store to the next.Within this seemingly bleak urban landscape, there remain a few areas that offer a richer, more architecturally and socially diverse, more memory-laden conception of public space. Current redevelopment plans, however, threaten the mere existence of these few remaining historic streets in Belfast.This reality inspired the current project of one of the Masters in Architecture design units at Queen’s University Belfast. Our team (led by urban designer Michael Corr and myself) has been exploring North Street, one of the main arteries in Belfast City Center. Although North Street has a reputation for being run-down, derelict, and in need of redevelopment, it is one of the few intact 19th-century streets left in the area, and as such is worthy of study as an example of public space that is not strictly synonymous with commercial space.

Manufacturing System Simulation & Human Robot Interaction in VR:Manufacturing system simulation: Methodologies, software tools, case study in transportation design

Virtual Reality techniques are relatively new, having experienced significant development only during the last few years, in accordance with the progress achieved by computer science and hardware and software technologies. The study of such advanced design systems has led to the realization of an immersive environment in which new procedures for the evaluation of product prototypes, ergonomics and manufacturing operations have been simulated. The application of the environment realized to robotics, ergonomics, plant simulations and maintainability verifications has allowed us to highlight the advantages offered by a design methodology: the possibility of working on the industrial product in the first phase of conception; of placing the designer in front of the virtual reproduction of the product in a realistic way; and of interacting with the same concept. The aim of this book is to present an updated vision of VM through different aspects. We will describe the trends and results achieved in the automotive, aerospace and railway fields, in terms of the Digital Product Creation Process to design the product and the manufacturing process.

Design of a Virtual Reality Framework for Maintainability and assemblability test of complex systems

This paper presents a unique environment whose features are able to satisfy requirements for both virtual maintenance and virtual manufacturing through the conception of original virtual reality (VR) architecture. Virtual Reality for the Maintainability and Assemblability Tests (VR_MATE) encompasses VR hardware and software and a simulation manager which allows customisation of the architecture itself as well as interfacing with a wide range of devices employed in the simulations. Two case studies are presented to illustrate VR_MATE's unique ability to allow for both maintainability tests and assembly analysis of an aircraft carriage and a railway coach cooling system respectively. The key impact of this research is the demonstration of the potentialities of using VR techniques in industry and its multiple applications despite the subjective character within the simulation. VR_MATE has been presented as a framework to support the strategic and operative objectives of companies to reduce product development time and costs whilst maintaining product quality for applications which would be too expensive to simulate and evaluate in the real world.