Ensuring the right to education for Roma children : an Anglo-Swedish perspective

Access to public education systems has tended to be below normative levels where Roma children are concerned. Various long-standing social, cultural, and institutional factors lie behind the lower levels of engagement and achievement of Roma children in education, relative to many others, which is reflective of the general lack of integration of their families in mainstream society. The risks to Roma children’s educational interests are well recognized internationally, particularly at the European level. They have prompted a range of policy initiatives and legal instruments to protect rights and promote equality and inclusion, on top of the framework of international human rights and minority protections. Nevertheless, states’ autonomy in tailoring educational arrangements to their budgets and national policy agendas has contributed to considerable international variation in specific provision for Roma children. As this article discusses, even between two socially liberal countries, the UK and Sweden, with their well-advanced welfare states and public systems of social support, there is a divergence in protection, one which underlines the need for a more consistent and positive approach to upholding the education rights and interests of children in this most marginalized and often discriminated against minority group

Under-regulated and unaccountable?:Explaining variation in stop and search rates in Scotland, England and Wales

From a position of near parity in 2005/6, by 2012/13 recorded search rates in Scotland exceeded those in England/Wales seven times over. This divergence is intriguing given the demands placed on the police, and the legal capacity to deal with these are broadly similar across the two jurisdictions. The aim of this paper is to unpack this variation. Using a comparative casestudy approach, the paper examines the role of structural ‘top-down’ determinants of policing: substantive powers of search, rules and regulations, and scrutiny. Two arguments are presented. First, we argue that the remarkable rise of stop and search in Scotland has been facilitated by weak regulation and safeguards. Second, we argue that divergence between the two jurisdictions can also be attributed to varying levels of political and public scrutiny, caused, in part, by viewing stop and search almost exclusively through the prism of ‘race’. In Scotland, the significance of these factors is made evident by dint of organisational developments within the last decade; by the introduction of a target driven high-volume approach to stop and search in Strathclyde police force circa 1997 onwards; and the national roll-out of this approach following the single service merger in April 2013. The salient point is that the Strathclyde model was not hindered by legal rules and regulations, nor subject to policy and political challenge; rather a high discretion environment enabled a high-volume approach to stop and search to flourish

A randomised controlled trial to evaluate the impact of a human rights based approach to dementia care in inpatient ward and care home settings

BackgroundAlthough it is widely recognised that adopting a person-centred approach is beneficial in the care of people living with dementia, a gap remains between the rhetoric and the reality of quality care. Some widely adopted care practices can result in the personhood of this group being threatened and their human rights being undermined.ObjectivesTo evaluate the impact of applying a human rights based approach in dementia inpatient wards and care homes on the quality of care delivered and the well-being of the person living with dementia.DesignA cluster randomised design was employed to compare the impact of implementing a human rights based approach intervention (i.e. training, applying the ‘Getting It Right’ assessment tool and receiving booster sessions) at 10 intervention sites with 10 control sites.SettingEight NHS dementia inpatient wards and 12 care homes in the north-west of England.ParticipantsPeople living with dementia who were residing on dementia inpatient wards or in care homes, and staff working at these sites. The aim was to recruit 280 people living with dementia.InterventionsA sample of staff (an average of 8.9 per site) at each of the sites was trained in a human rights based approach to care, including the application of the ‘Getting It Right’ assessment tool. The tool was then introduced at the site and monthly booster sessions were delivered.Main outcome measuresThe primary outcome measure used in the research was the Quality of Life in Alzheimer’s Disease scale to assess the subjective well-being of the person with dementia. Secondary outcome measures included measures of the quality of care provided (dementia care mapping) and direct measures of the effectiveness of the training in increasing knowledge of and attitudes towards human rights. The study also included an economic evaluation utilising the EuroQol-5 Dimensions, three-level version, and the Adult Social Care Outcomes Toolkit measure.ResultsThe study recruited 439 people living with dementia: 213 to the intervention arm and 226 to the control arm. Primary outcome data were analysed using a linear mixed model. There were no significant differences found in the reported quality of life of residents between the control and intervention groups after the intervention [F(1,16.51) = 3.63;p = 0.074]. The mean difference between the groups was 1.48 (95% confidence interval –7.86 to 10.82).ConclusionsDespite the fact that the training increased staff knowledge of and positive attitudes towards human rights, and although there were some changes in staff decision-making strategies in clinical situations, there was no change in the quality of care provided or in the reported well-being of people living with dementia in these settings. This led to questions about the efficacy of training in bringing about cultural change and improving care practices.LimitationsThere was limited uptake of the training and booster sessions that were integral to the intervention.Future workFuture work could usefully focus on understanding the difficulty in translating change in attitude and knowledge into behaviour.Trial registrationCurrent Controlled Trials ISRCTN94553028.FundingThis project was funded by the National Institute for Health Research (NIHR) Health Services and Delivery Research programme and will be published in full inHealth Services and Delivery Research; Vol. 6, No. 13. See the NIHR Journals Library website for further project information.</jats:sec

Quasi-Federalism and the Administration of Equality and Human Rights: Recent Developments and Future Prospects – A Preliminary Analysis from the UK's Devolution Programme

Following the UK's move to quasi-federalism in the 1990s, the Parliament and Assemblies in Scotland, Wales and Northern Ireland gained powers over the promotion of equality of opportunity in the exercise of devolved functions. Constitutional law also placed human rights obligations on the regional administrations. Analysis reveals that the first years of devolution have seen a rapid growth and territorialization of regulatory bodies, such as commissioners, inspectorates, ombudsmen – whose remit includes these cross-cutting issues. Given the rise of distinctive sub-state ‘equalities infrastructures’ in the devolved nations, a key question is whether the dynamics of self-reinforcing feedback processes predicted by historical institutionalism offer the potential for more effective equality and human rights practice at the meso-level. While the discussion reveals a significant increase in the state's capacity to monitor and regulate, examples of innovation and policy transfer – and a cautious, yet generally positive, assessment by policy actors – a number of issues and shortcomings are also identified. These include limited government oversight and a lack of inter-agency coordination. Overall, the emerging evidence suggests that, from a functional institutionalist perspective, devolution has made advances in embedding the regulation of equality and human rights in the regional state; however, historical institutionalism indicates that, while devolution may be viewed as a ‘critical juncture’, notions of ‘path dependency’ towards more effective equalities practice are, as yet, unfounded and significant challenges remain

Social policy for people with dementia in England: promoting human rights?

This paper discusses whether current UK social policy promotes the human rights of people with dementia living in England. The author focuses on the role of recent legal reforms and key developments in social care policy – notably the Mental Capacity Act 2005 and the 2009 National Dementia Strategy – in facilitating their human rights to liberty and self-determination, particularly a right to choose to live at home. The extent to which the National Dementia Strategy provides access to services and support which provide an alternative to institutional care is critiqued. Whilst recent legislative change has endorsed the rights of people with dementia to liberty and self-determination, it is suggested there is a lack of commitment in government policy more generally to providing access to social care to enable people with dementia to exercise these human rights

Education, equality and human rights: Exploring the impact of devolution in the UK

Foremost amongst social policy interventions, state education has a singular and foundational role in the promotion of equality and human rights. This paper explores the way that such matters are addressed in the policy and law making programmes of the UK’s devolved administrations. It is argued that this is an appropriate locus of enquiry for the constitutional law establishing the devolved legislatures contains clauses empowering government to promote equality of opportunity; in the case of Wales and Northern Ireland, these are positive legal duties. Against the background of governments’ espousal of ‘mainstreaming’ equalities, analysis reveals that the respective administrations have made some advances in embedding the promotion of equality and human rights in the policy framework covering the schools curriculum, teacher training and inspections. Notwithstanding this, a number of issues and shortcomings are identified. Overall, the analysis reveals evidence of an ongoing ‘disconnect’ between the mainstreaming rhetoric and policy outcomes