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This is the first collection to examine the legal dynamics of deinstitutionalisation. It considers the extent to which some contemporary laws, policies and practices affecting people with disabilities are moving towards the promised end point of enhanced social and political participation in the community, while others may instead reinstate, continue or legitimate historical practices associated with this population's institutionalisation. Bringing together 20 contributors from the UK, Canada, Australia, Spain and Indonesia, the book speaks to overarching themes of segregation and inequality, interlocking forms of oppression and rights-based advancements in law, policy and practice. Ultimately this collection brings forth the possibilities, limits and contradictions in the roles of law and policy in processes of institutionalisation and deinstitutionalisation, and directs us towards a more nuanced and sustained scholarly and political engagement with these issues.
This is the first collection to examine the legal dynamics of deinstitutionalisation. It considers the extent to which some contemporary laws, policies and practices affecting people with disabilities are moving towards the promised end point of enhanced social and political participation in the community, while others may instead reinstate, continue or legitimate historical practices associated with this population's institutionalisation. Bringing together 20 contributors from the UK, Canada, Australia, Spain and Indonesia, the book speaks to overarching themes of segregation and inequality, interlocking forms of oppression and rights-based advancements in law, policy and practice. Ultimately this collection brings forth the possibilities, limits and contradictions in the roles of law and policy in processes of institutionalisation and deinstitutionalisation, and directs us towards a more nuanced and sustained scholarly and political engagement with these issues.
Twenty years after the demise of communist policy, this book evaluates the continuing communist legacies in the current minority protection systems and legislations across a number of states in post-communist Europe. The fall of communism and the process of democratisation across post-communist Europe led to considerable change in minority protection with new systems and national political institutions either developed or copied. In general, the new institutions reflected the practices and experiences of (western) European states and were installed upon advice from European security organisations. Yet many ideas, legislative frameworks, policies and practices remained open to interpretation on the ground. With case studies on a diverse set of post-communist polities including Slovakia, Bosnia, Macedonia, Ukraine, Estonia, Croatia, the Baltic States and Russia, expert contributors consider how the institutional legacies of the communist past impact on policies designed to support minority communities in the new European democracies. Providing unique empirical material and comparative analyses of ethnocultural diversity management during and after communism, this book will be of interest to students and scholars of international relations, European politics, political geography, post-communism, ethnic politics, nationalism and national identity.
ePDF and ePUB available Open Access under CC-BY-NC licence. During the 20th century the locus of care shifted from large institutions into the community. However, this shift was not always accompanied by liberation from restrictive practices. In 2014 a UK Supreme Court ruling on the meaning of ‘deprivation of liberty’ resulted in large numbers of older and disabled people in care homes, supported living and family homes being re-categorized as ‘detained’. Placing this ruling in its social, historical and global context, this book presents a socio-legal analysis of social care detention in the post-carceral era. Drawing from disability rights law and the meanings of ‘home’ and ‘institution’ it proposes solutions to the Cheshire West ruling’s paradoxical implications.
In recent years the agenda of how to ‘deal with the past’ has become a central dimension of the quality of contemporary democracies. Many years after the process of authoritarian breakdown, consolidated democracies revisit the past either symbolically or to punish the elites associated with the previous authoritarian regimes. New factors, like international environment, conditionality, party cleavages, memory cycles and commemorations or politics of apologies, do sometimes bring the past back into the political arena. This book addresses such themes by dealing with two dimensions of authoritarian legacies in Southern European democracies: repressive institutions and human rights abuses. The thrust of this book is that we should view transitional justice as part of a broader ‘politics of the past’: an ongoing process in which elites and society under democratic rule revise the meaning of the past in terms of what they hope to achieve in the present. This book was published as a special issue of South European Society and Politics.
This book examines claims that the Olympic Games are a vehicle to inspire and increase mass sport participation. It focuses on the mass sport participation legacy of the most recent hosts of the summer Olympics, including Atlanta, Sydney, Athens, Beijing, London, Rio, and Tokyo. It is organised by host city/country and applies an analytical framework to each, addressing the socio-political context that shapes sport policy, the key changes in sport policy, the structure and governance of community sport, the Olympic and Paralympic legacy, and the changes in mass sport participation before, during, and after the Games. The book is important reading for students, researchers, and policymakers working in sport governance, sport development or management, and the sport policy sector.
In the past ten to twenty years the global political economy picture has dramatically changed with the emergence of the economies of Brazil, Russia, India and, notably, China (BRICs) as big players and competitors of the advanced economies in the West and Eastern Asia. The book comparatively analyses institutional change in the BRICs. This book examines the BRICs by analysing their institutional development, their main continuities and changes, and their differences. It provides a comparative analysis of the political economies of the BRICs, but also considers South Africa and Turkey. The contributors provide a systematic comparison of the state-economy and the capital-labour relationships and explore whether they liberalized or followed a specific trajectory. The book also addresses debates on the varieties of capitalism and explores whether the emerging economies fit into the dichotomous construction of liberal and coordinated capitalism or whether they require a more differentiated typological approach. Moving away from rigid conceptions and the static classification of political economies as either liberal or coordinated and presenting a more open approach, The BRICs and Emerging Economies in Comparative Perspective will be vital reading for students and scholars of comparative political economy, international relations, capitalism, the BRICs, emerging markets and the role of the state in the economy.
Violence is an inescapable through-line across the experiences of institutional residents regardless of facility type, historical period, regional location, government or staff in power, or type of population. Population Control explores the relational conditions that give rise to institutional violence – whether in residential schools, internment camps, or correctional or psychiatric facilities. This violence is not dependent on any particular space, but on underlying patterns of institutionalization that can spill over into community settings even as Canada closes many of its large-scale facilities. Contributors to the collection argue that there is a logic across community settings that claim to provide care for unruly populations: a logic of institutional violence, which involves a deep entanglement of both loathing and care. This loathing signals a devaluation of the institutionalized and leaves certain populations vulnerable to state intervention under the guise of care. When that offer of care is polluted by loathing, however, there comes along with it an unavoidable and socially prescribed violence. Offering a series of case studies in the Canadian context – from historical asylums and laundries for “fallen women” to contemporary prisons, group homes, and emergency shelters – Population Control understands institutional violence as a unique and predictable social phenomenon, and makes inroads toward preventing its reoccurrence.
The formerly communist countries of Central and Eastern Europe (CEE) have witnessed a profound transformation of their labour laws since the 1990s and, especially, after their accession to the European Union. Today, in comparison to the other Member States, they continue to have weak trade unions and employers’ associations and an underdeveloped system of collective bargaining. Moreover, the recent economic and financial crisis highlighted the need to invest further efforts in bringing the CEE industrial relations closer to the ‘old’ Member States, in order to facilitate a more meaningful enforcement of the EU-wide economic and social policies. This is the first book to scrutinise this important matter in depth. Focusing on four current CEE labour law regimes – in Slovenia, Slovakia, the Czech Republic, and Poland – that also have different collective bargaining trends and can be said to exemplify some of the main legal and institutional frameworks for collective bargaining that the CEE countries have developed, the author addresses the following major issues: – the transition from a centralised to an open market economy and the degree of continuing residual characteristics; – the extent to which labour laws since the 1990s have enabled an adequate institutionalisation of industrial relations to allow free and voluntary collective bargaining at the national, sectoral, and company levels; and – the effectiveness of the standard-setting role of trade unions and employers’ associations insofar as they have persisted or come into play. The analysis always keeps in focus the development of labour laws in relation to a number of such interlinked elements as market transformation, type of privatisation of state ownership, and attitudes towards welfare. It draws on both the relevant literature and on twenty-five interviews with legal and policy experts from social partners’ organisations and staff within the ministries for social affairs in the selected countries. In support of the study’s general finding that the laws in CEE countries could provide more stimulus for sectoral and cross-sectoral collective bargaining, the author offers deeply informed recommendations and insights into legal shortcomings and pinpoints how the existing legal frameworks can be enhanced. Any professional or academic in the field of industrial relations, and particularly those concerned with complex transitions such as those occurring in the CEE countries and elsewhere in the world, will find this book of great value.
What role does law play in post-communist societies? This book examines the law as a social institution in Eurasia, exploring how it is shaped in everyday interactions between state and society, organisations and individuals, and between law enforcement and other government entities. It bridges the gap between theoretically rich work on law-in-action and the empirical reality of Eurasia. The contributions in this volume include research on policing, the legal profession, public attitudes towards law, regime support and oppositional mobilisation, crime policy, and property rights, among others. The studies shift away from the common perception that, in Eurasia, the law exists only as a tool for the state to enforce order and suppress dissent. Instead, they show, through empirical analyses, that citizens evade, use, reinterpret and shape the law even in authoritarian contexts—sometimes containing state violence and challenging the regime, and other times reinforcing state capture from below. The chapters in this book were originally published as a special issue of the journal Europe-Asia Studies.