What does the right to the continuous improvement of living conditions in Article 11(1) of the International Covenant on Economic, Social and Cultural Rights really mean and how can it contribute to social change? The book explores how this underdeveloped right can have valuable application in response to global problems of poverty, inequality and climate destruction, through an in-depth consideration of its meaning. The book seeks to interpret and give meaning to the right as a legal standard, giving it practical value for those whose living conditions are inadequate. It locates the right within broader philosophical and political debates, whilst also assessing the challenges to its realisation. It also explores how the right relates to human rights more generally and considers its application to issues of gender, care and the rights of Indigenous peoples. The contributors deeply probe the meaning of 'living conditions', suggesting that these encompass more than the basic rights to housing, water, food, and clothing. The chapters provide a range of doctrinal, historical and philosophical engagements through grounded analysis and imaginative interpretation. With a foreword by Sandra Liebenberg (former Member of the UN Committee on Economic, Social and Cultural Rights), the book includes chapters from renowned and emerging scholars working across disciplines from around the world.

Even though legal aid is available for people seeking asylum, there is uneven access to advice across Britain. Based on empirical research, this book offers fresh thinking on what has gone wrong in the legal aid market. It presents a rare picture of the barristers, solicitors and caseworkers practising immigration law in charities and private firms. In doing so, this book examines supply and demand and illuminates what constitutes high-quality legal aid work/provision, subsequent conflicts with financial rationality and how practitioners resolve these issues. Challenging existing legal aid policy, this book presents innovative insights to ensure public service markets around the globe function well for all those involved.

This book addresses a topic that is currently high on the agenda in many fora: how to specify and secure a social minimum. The term 'social minimum' has different meanings, depending on the context. These contexts are examined in this book from different perspectives, including law, sociology, philosophy, politics and economics. In the first part, the social minimum is discussed from a conceptual and theoretical point of view. The second part shows the various ways in which the social minimum can be specified and measured. There is a need for new indicators that take into account, for instance, aspects of adequate social participation. As this part shows, the choice of indicators is closely intertwined with political choices. The third part approaches the social minimum from the perspective of legal obligations, addressing the nature of different obligations imposed on individuals and states. The fourth part deals with the question of social minimum in the context of courts, adjudication and justiciability. The role of international treaties and national constitutions - the interpretation of the rights they enshrine and the way these are dealt with by expert committees and courts - is discussed with a view to understanding how the guarantee of a social minimum can be promoted within individual countries. Besides being of interest for academics in fields ranging from legal theory and human rights to the social sciences, the book also serves as an important source for students as well as practitioners interested in the social minimum, and anyone who wants to gain an insight into the current debates on this extremely important issue.

'For the modern welfare state support' for those who are out of work through no fault of their own remains a foundation stone. Now, however, under pressure form market-driven ideology focused on business performance, its composition and the way support is delivered is in a state of flux. With the avowed objective of minimizing dependence on social benefits and increasing labour market efficiency, many national policies with varying degrees of thoroughness are shifting from a bureaucratic approach to some form of contract arrangement that demands a higher level of personal responsibility from the unemployed worker. The contractualisation process is usually administered through a 'reintegration service' that may be partly or wholly privatised. This remarkable book is the first comparative in-depth study of the process of contractualisation. It offers seventeen penetrating analyses, by leading labour market and labour law authorities, of recent policy initiatives to activate employment by contract and the implications of these initiatives from both legal and a socioeconomic perspective. Among the issue explored are the following: motivation, mobility, and flexibility in the labour market; effect of contractualisation on public accountability and responsibility; effect on the individual's statutory relationship under social security; whether and to what extent the conditions on which one country successfully introduces contractualisation apply to other countries; and, the unemployed individual as 'contract partner': What conditions can he or she set? The analyses focus on experience with contracts as service deliverance in the labour markets of eight countries: Australia, the United Kingdom, The Netherlands, Belgium, France, Germany, and Finland. Because a certain measure of experience has already been built up by governments, providers, and clients, now is the time to try and learn form good as well as bad practices in order to build coherent institutional frameworks to help the unemployed. This book is sure to bring insight and effectiveness to the work of professionals, officials, and politicians in this policy field, and will be of special practical value to labour law practitioners, academic researchers and libraries, trade unions, policymakers, and corporate counsel.

When we speak of "legal language," we refer to a mode of communication that works hard to convey a degree of precision that clearly establishes the extent and limits of rights and obligations between parties. This endeavour must strive to overcome numerous obstacles-notably societal context and ideology- that are ineluctably present in language itself. And when legal bonds apply internationally, problems of translation add yet another and more complex dimension. It can be said that these problems of language and meaning particularly affect the application of labour law and social security law, as these legal regimes colour the day-to-day lives and livelihoods of virtually everybody. This extremely useful book assumes the monumental task of codifying the terminology of European labour law and social security law in English, French, German, Spanish, and Italian. It is the only book of its kind in existence. The initial classification follows the fifteen European legislative acts that cover the field. For each of these acts, all the terms and notions are listed (in alphabetical English order) with their definitions as provided in the legislation itself and the interpretations given to them in the case law of the European Court of Justice - all in five languages. In this way, the full spectrum of potential misunderstanding and contradiction is exposed, and all relevant subtleties come into clear focus. This efficient aggregate of vital material gives both practitioner and academic the means to make as complete a judgement as humanly possible concerning the application of European labour law and social security law in any context. The book is sure to become a fundamental work for bothpractice and research in the field.

As the COVID-19 pandemic has unfolded, stark social inequalities have increasingly been revealed and, in many cases, been exacerbated by the global health crisis. This book explores these inequalities, identifying three thematic strands: power and governance, gender and marginalized communities. By examining these three themes in relation to the effects of the pandemic, the book uncovers how unequal the pandemic truly is. It brings together invaluable insights from a range of international scholars across multiple disciplines to critically analyse how these inequalities have played out in the context of COVID-19 as a first step towards achieving social justice.

The book is a much-needed revised and updated edition of Elders and the law (PEPAR Publications, 1993). It describes the legal framework for working with older people following the National Health Service and Community Care Act 1990 and the modernising agenda in health and social care. Covering broadly the same ground as the first edition, the length has been considerably expanded to enable topics to be dealt with more comprehensively. It covers the range of legal issues affecting the welfare and financial security of older people in the community and residential settings, and emphasises the empowering nature of legal knowledge. It also describes and explains the application of law and policy relating to older people in the context of social work practice. Written by a social worker and a lawyer, the book highlights the opportunities for interprofessional working and combines professional perspectives on: * providing health and social care services in the community; * housing needs and entering residential care; * dealing with financial matters; * end of life issues. Older people and the law is aimed at all professionals working with older people, but particularly social workers. Its clarity of style means that older people themselves and carers will find it accessible. BASW/Policy Press series The BASW/Policy Press partnership provides the very best in accessible and practical high-quality resources for social work professionals and students. For other titles in this series, please follow the series link from the main catalogue page.

The effects of COVID-19 are visited disproportionately on the already disadvantaged. This important text maps out ways in which those already disadvantaged have been affected by legal responses to COVID-19. Contributors tackle issues including virtual trials, adult social care, racism, tax and spending, education and more. They reflect on the implications of COVID-19 and express concerns with policy and practice developments and with the neutral version of the law and the economy which has taken root. Drawing on diverse resources, this text offers an account of the damage caused by legal responses to the pandemic and demonstrates how the future response can be positive and productive.

The development of gene-based technologies has been rapid over the past decade and has consequently resulted in a surge of interest in human gene therapy, the deliberate transfer of genes to somatic cells to cure or alleviate disease symptoms.
Hundreds of clinical protocols involving variously designed vectors for efficient gene transfer have been developed. However, the use of such complex 'gene medicines'’ containing potentially heritable genes has raised numerous concerns regarding quality, efficacy and safety.
Encompassing recent developments in the field and addressing current concerns this book:

• surveys many of the current technologies for preparing vectors for use in gene therapy protocols
• reviews the application of gene-mediated therapies to a range of medical conditions
• considers the regulatory aspects of gene therapy including product quality and safety requirements
• appraises the transfer of technologies from laboratory to clinic with regard to the attendant requirements and facilities for:
• good laboratory practice (GLP) conditions in the R&D laboratory
• large-scale production methods and good manufacturing practice (GMP)
• current in-process and final product testing

This book examines the evolution of Australian unemployment law and policy across the past 100 years. It poses the question 'How does unemployment happen?'. But it poses it in a particular way. How do we regulate work relationships, gather statistics, and administer a social welfare system so as to produce something we call 'unemployment'? And how has that changed over time? Attempts to sort workers into discrete categories - the 'employed', the 'unemployed', those 'not in the labour force' - are fraught, and do not always easily correspond with people's working lives. Across the first decades of the twentieth century, trade unionists, statisticians and advocates of social insurance in Australia as well as Britain grappled with the problem of which forms of joblessness should be classified as 'unemployment' and which should not. This book traces those debates. It also chronicles the emergence and consolidation of a specific idea of unemployment in Australia after the Second World War. It then charts the eventual unravelling of that idea, and relates that unravelling to the changing ways of ordering employment relationships. In doing so, Inventing Unemployment challenges the preconception that casual work, self-employment, and the 'gig economy' are recent phenomena. Those forms of work confounded earlier attempts to define 'unemployment' and are again unsettling our contemporary understandings of joblessness. This thought-provoking book shows that the category of 'unemployment', rather than being a taken-for-granted economic variable, has its own history, and that history is intimately related to our changing understandings of 'employment'.

A valuable sourcebook for individuals interested in the tragedy of child abuse, Children and Adolescents in Need is a practical legal primer that looks at the complex and varied issues besetting child abuse. --Edelman Children's Court Newsletter, Monterey Park, California The vulnerability of children becomes tragically apparent when they are neglected and abused by those persons most intimately responsible for their well-being. When this occurs, and parents are judged incapable of adequately providing for the critical needs of a child, the responsibility for determining "best interest" falls to the community legal system. In some instances--even before birth--legal principles, statutes, and case law are shaping the decisions that will profoundly affect the lives of these young human beings. With compassion and practicality, Children and Adolescents in Need looks at the complex issues surrounding these decisions and discusses the challenges faced by people involved in providing the resources these special children need to anticipate a future with hope and confidence. The poignant clarity of Children and Adolescents in Need makes it an excellent sourcebook for mental health practitioners, volunteer child advocates, and students in clinical training. Case studies explore the effort required to coordinate multi-disciplinary services to achieve long term positive impact on the "whole" child.

The authors critically review memory research, trauma treatment, and legal cases pertaining to the false memory controversy. They discuss current memory science and research with both children and adults, pointing out where findings are and are not generalizable to trauma memories recovered in psychotherapy. The main issues in the recovered memory debate are covered, as well as research on emotion and memory, autobiographical memory, flashbulb memory, memory for trauma, and types of suggestions, such as misinformation suggestions, social persuasion, interrogatory suggestions, and brainwashing. Research on the reliability of memories recovered in hypnosis is reviewed and guidelines for using hypnosis with patients reporting no, partial, or full memory of having been sexually abused are outlined. The authors review the development and current practice of phase-oriented trauma treatment and present a standard of care that is effective and ethical. Their exploration of memory in the legal context includes a review of malpractice liability and current malpractice cases for allegedly implanting false memories in therapy, as well as the evolving law around legal actions by people who have recovered memories and around hypnosis and memory recovery. This is an essential reference on memory for all clinicians, researchers, attorneys, and judges.

First published in 1998, this volume was formally completed in July 1994, but completing the structure of the market is not all the same thing as having a genuine Single Market. This book explores the difficulties inherent in the concept of the Single Market in Insurance, as well as the practical difficulties of implementation. It looks to the future of the Single Market as well as at the present. It should be of interest to lawyers studying law or EC law, as well as to economists and political scientists interested in the development of Project Europe.

'Across Canada efforts have been made to introduce information technology solutions into the health care sector for the past two decades. As with any journey the maps and journals are only produced at the end of the adventure. With this book Dr Shaw has provided a road map that will help guide those physicians who are now thinking about starting down this road or those who may have taken a wrong turn and are trying to make mid-course corrections. Dr Shaw is a health informatician with a wealth of experience in analyzing the impact of using IT in a health care environment. Since coming to Canada she has spent considerable time talking to physicians as well as government and vendors about the status of IT in the Canadian healthcare system. Computerization and Going Paperless in Canadian Primary Care is a dispassionate and scientific analysis of the issues and problems facing those who are trying to create a paperless practice. Here you will be provided with advice on how to chose a clinical system how to manage the transition into a paperless office and offers an abundance of resource materials to help you through the process.' William Pascal Chief Technology Officer Canadian Medical Association

Throughout the industrial world, the discipline of labour law has fallen into deep philosophical and policy crisis, at the same time as new theoretical approaches make it a field of considerable intellectual ferment. Modern labour law evolved in a symbiotic relationship with a postwar institutional and policy agenda, the social, economic and political underpinnings of which have gradually eroded in the context of accelerating international economic integration and wage-competition.

These essays - which are the product of a transnational comparative dialogue among academics and practitioners in labour law and related legal fields, including social security, immigration, trade, and development - identify, analyze, and respond to some of the conceptual and policy challenges posed by globalization.

First published in 1998, this volume was formally completed in July 1994, but completing the structure of the market is not all the same thing as having a genuine Single Market. This book explores the difficulties inherent in the concept of the Single Market in Insurance, as well as the practical difficulties of implementation. It looks to the future of the Single Market as well as at the present. It should be of interest to lawyers studying law or EC law, as well as to economists and political scientists interested in the development of Project Europe.

This collection of essays addresses a topical subject of current importance, namely the impact of the EU on national welfare state systems. The volume aims to question the perception that matters of social welfare remain for Member States of the EU to decide, and that the EU's influence in this field is minor or incidental. The various essays trace the different ways in which the EU is having an impact on the laws and practices of the Member States in the area of welfare, looking at issues of social citizenship and the influence of the Charter of Fundamental Rights, as well as at the impact of EU economic freedoms - competition law and free movement law in particular - on both 'services of general economic interest' and on national health-care systems. The significance of the so-called Open Method of Coordination in developing a new compromise on 'social Europe' is discussed, as well as the tensions between market liberalization and social protection in the specific context of this transnational political system are examined. While the various authors clearly have different views on the likelihood of a robust form of European social solidarity developing, the book as a whole suggests the emergence of a distinctive, although partial and fragmented, European Union welfare dimension.

Covering such critically important laws as the Homestead Act of 1862, the Social Security Act of 1935, Medicare and Medicaid, the Personal Responsibility and Work Opportunity Act, and many others, this resource is perfect for students looking for a thorough and understandable examination of the laws that created America's social insurance system.

America is a welfare state. When 2/5 of Americans receive some type of financial assistance from the government, and federal spending on retirement pensions, health care, and income security programs approaches one trillion dollars per year, one can hardly argue otherwise. Faced with seemingly insurmountable cultural, political, and constitutional obstacles, how did a welfare state actually come to be constructed in America? The laws in this volume provide an answer.

The effects of COVID-19 are visited disproportionately on the already disadvantaged. This important text maps out ways in which those already disadvantaged have been affected by legal responses to COVID-19. Contributors tackle issues including virtual trials, adult social care, racism, tax and spending, education and more. They reflect on the implications of COVID-19 and express concerns with policy and practice developments and with the neutral version of the law and the economy which has taken root. Drawing on diverse resources, this text offers an account of the damage caused by legal responses to the pandemic and demonstrates how the future response can be positive and productive.

This book provides a comprehensive collection of Cases and Materials On Marine Insurance Law. The sources included here are not always readily accessible. Each chapter is introduced with a brief resume of the general principles,before the facts of each case are summarised and the extracts of the relevant parts of judgments reproduced. The significance of the judicial extracts, the statutory materials and standard terms are then discussed with particular emphasis on important and problematical areas of the law.This book will be indispensable not only to postgraduate students of law, in-house lawyers, insurance brokers and claims adjusters, but also to students of maritime studies, legal practitioners and a wide range of professionals within the shipping industry who may wish to have at hand a convenient source of information. Whilst the book is a companion to the authors The Law of Marine Insurance, it is also structured to stand as a marine insurance text in its own right.

Even though legal aid is available for people seeking asylum, there is uneven access to advice across Britain. Based on empirical research, this book offers fresh thinking on what has gone wrong in the legal aid market. It presents a rare picture of the barristers, solicitors and caseworkers practising immigration law in charities and private firms. In doing so, this book examines supply and demand and illuminates what constitutes high-quality legal aid work/provision, subsequent conflicts with financial rationality and how practitioners resolve these issues. Challenging existing legal aid policy, this book presents innovative insights to ensure public service markets around the globe function well for all those involved.

This much-needed volume fills an overlooked gap in adult safeguarding - the digital arena - in providing a comprehensive overview of policy and practice in supporting vulnerable adults online. Providing an essential analysis illustrated by recent court rulings and case studies, the authors advocate for the effective support of adults with learning disabilities and/or mental capacity issues in their digital lives without compromising their privacy and participation rights. The text balances a theoretical exploration of the tensions between participation and protection, legislation, human rights, professional biases and social wrongs. It encourages a critical approach in adopting both a practical and realistic understanding for policy makers, professionals and students in social work, law and adult social care.

This book presents a socio-legal examination of national and devolved-level developments in social protection in the UK, through the eyes of politicians and officials at the heart of this process. Since its inception in 1998, devolution has altered the character of the UK welfare state, with dramatic change in the 10 years since 2010. A decade of austerity at national level has exposed diverging view in how governments in London, Edinburgh and Belfast view the social rights of citizenship. This political divide has implications for both social security law, as the devolved countries begin to flex their muscles in this key area for citizens' economic welfare, and the constitutional settlement. The book reflects on the impact of austerity, the referendum on Scottish independence and subsequent changes to the devolution settlement, Northern Ireland's hesitant moves away from parity with Westminster in social protection, withdrawal from the European Union (Brexit), and the possible retreat from austerity during the COVID-19 pandemic. The social union may or may not be weakening; its character is unquestionably changing, and the book lays bare the ideological and pragmatic considerations driving legal developments. TH Marshall's theory of citizenship provides the lens through which these processes are viewed, while itself being reinterpreted in light of the national government's increasing delegation of responsibility for social rights - whether to individuals, the voluntary sector or lower tiers of government.

Pauper policies examines how policies under the old and New Poor Laws were conceived, adopted, implemented, developed or abandoned. This fresh perspective reveals significant aspects of poor law history which have been overlooked by scholars. Important new research is presented on the adoption and implementation of 'enabling acts' at the end of the old poor laws; the exchange of knowledge about how best to provide poor relief in the final decades of the old poor law and formative decades of the New; and the impact of national scandals on policy-making in the new Victorian system. Pointing towards a new direction in the study of poor law administration, it examines how people, both those in positions of power and the poor, could shape pauper policies. It is essential reading for anyone with an interest in welfare and poverty in eighteenth and nineteenth-century England. This book is relevant to United Nations Sustainable Development Goal 1, No poverty. -- .