Muslim women and the hijab in Britain: contexts and choices.

This thesis concerns the contexts and choices associated with the wearing of the hijab in Britain, beginning with the impact of events such as 9/11. For many in the West, the hijab has become perceived as a symbol of Islam and as a result hijab wearing women who were living in Britain were identified as being connected with those who had carried out the 9/11 attacks in the United States. There was evidence from this research that there was an increase in first time hijab wearing, particularly in those between the ages of 25-39, however, 9/11 had not been directly responsible for this increase, but the higher profile of Islam due to the attacks had encouraged the women to find out about the religion for themselves and the rulings that related to them. Sales of the hijab have increased along with a more defined Islamic fashion consciousness and a desire by the women to wear what they regard as Islamic dress. This feminist standpoint research, although carried out by a white, non-Muslim from a middle-class background gave the women the opportunity to talk about their lives and explain the wearing or non-wearing of the hijab. A number of related themes were identified: Religion/religious community; Education; Family and friends; Clothing industry/fashion; and 9/11, although the thread that ran through all of these themes was the notion of choice. The women described wearing or not wearing hijab as their choice, although some had more influence from others. When choice theory was examined in relation to the wearing or non-wearing of the hijab it could be seen that although rational choice theory, lifestyle choices, family, habitus and individualization could tell us something about why the women made the choices they did, it was the interplay between individualization and tradition that gave the most accurate explanation as to why these women were making their choices. These theories did not tell the whole story however, and the conclusion discusses a reinterpretation of the Islamic teachings occurring in Britain with the women interpreting the Qur’an and the religious texts for themselves before arriving at their own conclusions as to what they should be wearing. This reinterpretation is driving the changes in behaviour for many Muslim women in Britain

Choosing to Live with Harm? A Presentation of two Case Studies to Explore the Perspective of those who Experienced Adult Safeguarding Interventions

Adult safeguarding often creates a tension for welfare practitioners between promoting an adult’s autonomy and their duty to try to protect them from harm. Literature highlights the dangers of adopting simplistic notions of autonomy and capacity in assessing whether someone may be choosing to live with harm. Yet very little has been published about how adults at risk and family members experience the tension between autonomy and protection: what choices do they think they have and why might they choose one above another? The article starts to address this gap by utilising an ethic of care to explore the experiences of an adult at risk; and then a family member where older people were being harmed within family relationships. These accounts were drawn from a Scottish qualitative adult safeguarding study. They highlight how choice, autonomy and capacity are interconnected concepts; and that they can be compromised by a range of personal, relational and environmental factors. In addition they demonstrate how practitioners can support or limit the choices open to adults at risk and their family members. The ensuing discussion summarises the implications fo

Adult safeguarding legislation:Navigating the borderlands between mental capacity, mental health and social care law and practice

Adult safeguarding legislation is contentious because it seeks to protect ‘vulnerable’ adults who fall between the borderlands of social care, mental health and mental capacity law. As a new and complex area of law and practice, further research on adult safeguarding legislation is required, in particular to consider it efficacy and human rights implications. Utilising a narrative literature review approach this article explores current research evidence on the Adult Support and Protection (Scotland) Act 2007 to consider whether safeguarding powers and duties can achieve a proportionate balance between individual autonomy and the state's duties to protect adults at risk of harm and, if so, how. The findings demonstrate there is a wide range of people who can fall into these borderland areas. For a majority, the use of the Act has made significant positive differences to their lives. However, while supported decision-making was identified it was not found to be consistently applied. In addition, concerns emerged around the adequacy of some professionals' legal knowledge, the consistent upholding of adults' will and preferences, and the commitment to and resourcing of supported decision-making. Notwithstanding these drawbacks, it is concluded that this Act provides vital functions but amendments would enhance alignment with the CRPD

Adult Support and Protection (Scotland) Act 2007: Reflections on Developing Practice and Present Day Challenges

Purpose: The article outlines the duties and powers of the Adult Support and Protection (Scotland) Act 2007 and places them in the wider Scottish adult protection legislative framework. It considers the potential value of a standalone adult safeguarding statute.  Design: The authors draw upon their research and practice expertise to consider the merits of the Adult Support and Protection (Scotland) Act 2007. They take a case study approach to explore its implementation in one particular Scottish local authority; drawing on the qualitative and quantitative data contained in its annual reports.  Findings: Skilled, knowledgeable and well supported practitioners are key to effective screening, investigations and intervention. Protection orders are being used as intended for a very small number of cases.  Research limitations: The lack of national statistical reports mean that there is limited comparison between the local and national data.  Practical implications: Adult support and protection requires ongoing investment of time and leadership in councils and other local agencies to instigate and maintain good practice. Aspects that require further attention are self- neglect; capacity and consent; access to justice, and residents in care homes who pose potential risks to other residents and staff.  Social Implications: Adult Support and Protection (Scotland) Act 2007 has raised awareness of adults at risk of harm.  Originality: This article provides a critical appraisal of the implementation of Scottish adult safeguarding legislation over the last six years. It considers relative strengths and weaknesses in comparison to similar developments in England and Wales; and argues for comparative research to test these out

Municipal Issues and the Charter of Rights: The Impact at the Grass Roots

Municipal institutions are the forgotten partners in the Canadian confederation. This is true in both political and legal terms. In political terms the agencies of local government are often under-valued. With respect to the law, the municipal level of government has too often been ignored. Both municipal councils and their related boards and tribunals have an important impact on the lives of citizens at the grass roots level. In carrying out their duties, municipal authorities exercise a wide range of discretionary powers and it is becoming increasingly important that they recognize the legal limits on their powers. The first and most significant limitation is that all public authorities must operate within Canada\u27s constitutional framework or their decisions will be legally void and of no effect. There have been some significant developments in municipal law since the Charter was introduced in 1982, and particularly since the equality provisions came into effect in 1985. However, older aspects of municipal law are still relevant, particularly the jurisdictional issues and the rules of administrative law. Therefore, both the Charter issues and the older constitutional issues are discussed briefly here

The UK policy context for safeguarding adults: rights-based v public protection?

First paragraph: Adult safeguarding policy is an acknowledgment by governments that they have responsibilities towards a range of adults who may be at risk of harm and who may be unable to safeguard themselves due to poor mental health, cognitive impairment, disability or physical infirmity1. It is multi-agency in nature as it requires engagement by social care, police, health, housing and regulatory agencies. It also overlaps with other policy streams such as domestic violence. However this chapter narrows down its exploration of the context to the core functions of the identification, investigation and possible intervention into the individual lives of adults at risk of harm. This means looking at its situation within general social care and health provision and of its interaction with mental capacity and mental health legislation for adults who may require compulsory legal orders to support and protect them. Underlying this complex area of law and policy are questions around if, when, why and how governments choose to intervene in the lives of adults (Mackay, 2008; Stewart, 2012). For example what responsibility does a government have towards its adult citizens with care and support needs? How do governments balance individual human rights with protection of that adult or of others? Such questions lead us to look not only at political views but also the views of society at large and the attention the media gives to adult safeguarding

A Feminist Analysis of Anti-Obesity Campaigns:Manipulation, Oppression, and Autonomy

Some kinds of public health messages are unjust and unethical, and feminist analyses of oppression and autonomy can assist in explaining why. Using public health anti-obesity campaigns to provide context, I explore, in this paper, how manipulative public health campaigns oppress the targets of these messages, and undermine people’s ability to be self-directed decision makers. I begin with an analysis of what it means to communicate in a manipulative way. This leads to the argument that such campaigns are both oppressive and incompatible with the self-authorization required for health-related behavioral changes

Utility and justice in public health

Background Many public health practitioners and organizations view themselves as engaged in the promotion or achievement of equity. However, discussions around public health frequently assume that practitioners and policy-makers take a utilitarian approach to this work. Methods I argue that public health is better understood as a social justice endeavor. I begin by presenting the utility view of public health and then discuss the equity view. This is a theoretical argument, which should help public health to justify interventions for communicable and non-communicable diseases equally, and which contributes to breaking down the ‘old/new’ public health divide. Results This argument captures practitioners’ views of the work they are engaged in and allows for the moral and policy justification of important interventions in communicable and non-communicable diseases. Systemic interventions are necessary to remedy high rates of disease among certain groups and, generally, to improve the health of entire populations. Conclusions By viewing diseases as partly the result of failures of health protective systems in society, public health may justify interventions in communicable and non-communicable diseases equally. Public health holds a duty to improve the health of the worst-off in society; by prioritizing this group, the health of the whole community may improve

An ethical examination of public health communications

Public health agencies engage in the public discourse through the creation and promulgation of various health-related campaigns. Using anti-obesity messages for context, I analyse the ethics of the communicative actions that public health engages in, finding that the ethical standards of truth-telling and respect for agents are frequently sacrificed in favour of quick, catchy, and manipulative messages. This is morally problematic. For example, in the case of anti-obesity communications, manipulative messages utilise and contribute to the on-going discrimination, marginalisation, and imperialisation of the fat body, which contributes to and reproduces oppression. This oppression is observable in the lives of fat people, with research showing negative impacts upon important aspects of social identity, and upon self-regarding attitudes. An impact of manipulative campaigns upon attitudes that contribute to the capacity for self-governance and self-authorisation may be that individuals become less able and less likely to undertake the behavioural changes that public health encourages. Further, a central aim of public health activity is the achievement of greater equity in society. I argue, in sum, that public health defeats its own behaviour-change efforts, while also undermining its central equity-focussed aim, in engaging in manipulative campaigns in the public discourse