Establishing a meaningful human rights due diligence process for corporations : learning from experience of human rights impact assessment

The United Nations Special Representative of the Secretary-General on Business and Human Rights, Professor John Ruggie, has constructed a new international framework, which is set to become the cornerstone for all action on human rights and business at the international level. The principle of human rights due diligence (HRDD) is the central component of the corporate duty to respect human rights within that framework. This article argues that Ruggie's HRDD principle contains the majority of the core procedural elements that a reasonable human rights impact assessment (HRIA) process should incorporate. It is likely that the majority of corporations will adopt HRIA as a mechanism for meeting their due diligence responsibilities. However, in the context of the contentious debate around corporate human rights performance, the current state of the art in HRIA gives rise to concerns about the credibility and robustness of likely practice. Additional requirements are therefore essential if HRDD is to have a significant impact on corporate human rights performance – requirements in relation to transparency; external participation and verification; and independent monitoring and review

Making it real of sustaining a fantasy? Personal budgets for older people

The restructuring of English social care services in the last three decades, as services are provided through a shifting collage of state, for-profit and non-profit organisations, exemplifies many of the themes of governance (Bevir, 2013). As well as institutional changes, there have been a new set of elite narratives about citizen behaviours and contributions, undergirded by modernist social science insights into the wellbeing benefits of ‘self-management’ (Mol, 2008). In this article, we particularly focus on the ways in which a narrative of personalisation has been deployed in older people’s social care services. Personalisation is based on an espoused aspiration of empowerment and autonomy through universal implementation to all users of social care (encapsulated in the Making it Real campaign [Think Local, Act Personal (TLAP), no date)], which leaves unproblematised the ever increasing residualisation of older adult social care and the abjection of the frail (Higgs and Gilleard, 2015). In this narrative of universal personalisation, older people are paradoxically positioned as ‘the unexceptional exception’; ‘unexceptional’ in the sense that, as the majority user group, they are rhetorically included in this promised transformation of adult social care; but ‘the exception’ in the sense that frail older adults are persistently placed beyond its reach. It is this paradoxical positioning of older adult social care users as the unexceptional exception and its ideological function that we seek to explain in this article

The structural invisibility of outsiders: the role of migrant labour in the meat-processing industry

This article examines the role of migrant workers in meat-processing factories in the UK. Drawing on materials from mixed methods research in a number of case study towns across Wales, we explore the structural and spatial processes that position migrant workers as outsiders. While state policy and immigration controls are often presented as a way of protecting migrant workers from work-based exploitation and ensuring jobs for British workers, our research highlights that the situation ‘on the ground’ is more complex. We argue that ‘self-exploitation’ among the migrant workforce is linked to the strategies of employers and the organisation of work, and that hyper-flexible work patterns have reinforced the spatial and social invisibilities of migrant workers in this sector. While this creates problems for migrant workers, we conclude that it is beneficial to supermarkets looking to supply consumers with the regular supply of cheap food to which they have become accustomed

Unconscious bias and the medical model: How the social model may hold the key to transformative thinking about disability discrimination

This article seeks to gain access to a new way to engage with disability discrimination and the legal approaches to it by focusing on the two central models: the medical and social models. It discusses how the law has based the definition of disability on the medical model and suggests that this may strengthen some of the underlying factors that contribute to segregation and discrimination of disabled people. This article argues that the law should now switch focus to the social model, in an attempt to transform people’s attitudes towards disabled people and become a positive force to reduce discrimination. It makes reference to the reasonable adjustment duty contained in sections 20 and 21 Equality Act 2010, the Framework Directive and by way of comparison the American with Disabilities Act 1990. Relevant critical theories are integrated as a means to explore the conception and the hierarchy that exist between able-bodied individuals and disabled individuals

Law, necropolitics and the stop and search of young people

Stop and search can harm young people, damage relations between police and the community and alienate ethnic and racial minorities. In Mohidin and another v Commissioner of the Police of the Metropolis and others, a group of minors who had been stopped, searched and, in some cases, falsely imprisoned, assaulted and racially abused by officers, were awarded damages for the distress and pain suffered. In this article, the case will be read not for the tortious legal consequences of police actions towards youth, or members of the public in general, nor for the culpability of any of the parties concerned, but for how the use of ‘lawful’ police powers on young people was framed and justified by both officers and the courts. It is argued that the punitive function of such powers has been underexplored by criminologists, and that the authorization and legitimization of such tactics, routinely defended as a ‘necessary’ crime prevention tool, can be understood as an instantiation of ‘necropolitics’

What do we know the experiences and outcomes of anti-racist social work education? An empirical case study evidencing contested engagement and transformative learning

In social work education there have been very few attempts to empirically capture and measure how professional training programmes prepare students to work with ‘race’ equality and cultural diversity issues. This paper interrogates the experiences and outcomes of anti-racist social work education and evaluates the pedagogic relevance and practice utility of teaching social work students about ‘race’, racism and anti-racism. The data presented in this paper suggests that it is possible to discover the situated experiences of learning about anti-racism and measure how this teaching can affect and lead to knowledge, skills and attitudinal change. The triangulated mixed methods evidence presented in this paper combines nomothetic and idiographic approaches with quantitative data for a matched pair sample of 36 social work students and uses non-parametric statistical tests to measure at two time intervals (before and after teaching); knowledge, skills and attitudinal change. The paper explores how anti-racist social work education enables students to move from ‘magical consciousness ’, where racism and racial oppression is invisible and thereby left unchallenged and maintained, to more critical and reflexive level of awareness where it is named, challenged and no longer shrouded in a culture of professional denial and silencing