• Scaling the mountain: an exploration of gendered experience of academic staff in relation to the Research Excellence Framework 2014

      Davies, Chantal; Healey, Ruth L.; Cliffe, Anthony D.; University of Chester (2015-12)
      This paper will explore the experiences of female academics within the research institution in relation to the recent Research Excellence Framework in 2014 (REF 2014). Pursuant to the Equality Act 2010, there is now a legal duty (the Public Sector Equality Duty or PSED) for public bodies and therefore Higher Education Institutions (HEI) to have ‘due regard’ to the need to eliminate unlawful discrimination; advance equality of opportunity; and foster good relations between people who share a protected characteristic and people who do not share it (Equality and Human Rights Commission, 2015). It is considered that the PSED thus requires individual institutions to consider and explore the experience of female academics with a view to generating qualitative data about the experience of this group in relation to the REF 2014. This paper will explore some of the early findings of an institutionally funded research project in relation to the gendered experience of academic staff in the research institution in relation to the REF 2014 process and provide the opportunity for local perspectives in this regard to feed into lessons learnt at a national and global level.
    • The Right to Healthcare: A Critical Examination of the Human Right of Irregular Migrants to Access State-Funded HIV/AIDS Treatment in the UK

      Hand, David; Davies, Chantal; Healey, Ruth L.; University of Chester (Springer, 2015-11)
      The United Kingdom’s National Health Service (‘NHS’) emerged in the post-war era as part of a joint European effort to consolidate key social rights such as the right to health. To this end, the NHS pledged to provide a ‘comprehensive health service’ imparting health services free of charge at the point of delivery. It is true that, for the most part, the NHS has fulfilled its intended role and has offered its valuable services free of charge irrespective of the patient’s background. On the other hand legislation has always permitted ‘the making and recovery of charges [for health services]’ where ‘expressly provided for’ in the Act in question. Irregular migrants are ‘foreign nationals who do not comply with immigration law requirements.’ They carry the more familiar label of ‘illegal immigrants’ in everyday parlance. That term is avoided here partly because of its (largely erroneous) associations with criminality, but primarily because of the stigmatising and dehumanising effects that such epithets bear on the individual concerned. For these reasons the more neutral term ‘irregular migrant’ is preferred by some authors and is used throughout this chapter. Irregular migrants include clandestine entrants into the country, those in possession of falsified travel documents such as passports, those who have overstayed their visas or who are in employment contrary to their conditions of residence, and refused asylum seekers.
    • Convention compatible construction: Section 3 of the Human Rights Act 1998

      Davies, Chantal; University of Chester (Thomson Reuters, 2015-11)
      Section 3 Human Rights Act 1998 and convention compliant interpretation
    • Child abuse in England and Wales 2003–2013: Newspaper reporting versus reality

      Davies, Emma; O'Leary, Erin; Reed, John; Liverpool John Moores University, UK; Swinburne University of Technology, Australia (Sage, 2015-10-15)
      This study examined how child abuse and neglect were reported in a sample of 459 newspaper articles between 2003 and 2013 in England and Wales. The results were compared with data on child abuse and neglect over the same decade. Sexual abuse was by far the most commonly reported, in both tabloid and broadsheet newspapers. Although neglect and emotional abuse are the most common causes of child protection plans in England and Wales, neglect and emotional abuse are relatively invisible in newspaper articles, as is physical abuse. Possible explanations for this disproportionate focus on sexual abuse, which has also been found in Australia and the United States, include the fact that sexual abuse cases reach the criminal courts more often than other forms of child victimisation. Although broadsheet papers were more likely than tabloid newspapers to comment on causes and solutions beyond the individual perpetrator committing a crime, the majority of articles in broadsheet papers still did not frame either the causes or the solutions in broader terms. It seems possible that the notion of the decontextualised ‘evil’ perpetrator serves to distance journalist and reader alike from the pervasiveness and pain of child abuse. The article concludes with ideas to improve the accuracy and utility of the coverage of child abuse and neglect in newspapers.
    • Positive Action under the Equality Act 2010 and the implications of the Public Sector Equality Duty for positive action in the UK

      Davies, Chantal; University of Chester (W. Green, 2015-08)
      Positive Action under the Equality Act 2010 and the implications of the Public Sector Equality Duty for positive action in the UK
    • The Impact of the African Charter on Human and Peoples’ Rights on Domestic Law: A Case study of Nigeria

      Ekhator, Eghosa O.; University of Chester (Taylor & Francis, 2015-06-09)
      The African Charter on Human and Peoples’ Rights (African Charter) establishes a system or mechanism for the promotion and protection of human rights in Africa within the framework of the African Union (formerly known as the Organisation of African Unity). The African Charter promotes a range of human rights such as civil and political, socio-economic and cultural, individual and collective rights. The African Charter is the first regional mechanism to incorporate the different classes of human rights in a single document. There have been a plethora of academic postulations indicating that the African Charter has impacted Nigerian Law minimally. This article contends that the African Charter has impacted positively on Nigerian law notwithstanding the academic postulations to the contrary.
    • Realizing Substantive Rights to Healthy Environment in Nigeria: A Case for Constitutionalization

      Ekhator, Eghosa O.; Anaebo, Onyeka K. (Sage, 2015-06-05)
      There has been never-ending debate concerning the right to a healthy environment and the extent to which the law has provided for or guaranteed the right in national and international contexts. Whilst some countries have expressly recognised the right to a healthy environment in their constitutions and subsidiary laws, others have relied on regional instruments and treaties to guarantee such rights, especially where domestic legislation is either lacking, inadequate or ineffective. This article will contend that constitutionalising (rather than regionalising before a human rights commission or treaty) environmental rights domestically would improve environmental outcomes in Nigeria. To further buttress the constitutionalisation argument, this article will undertake a critical analysis of the right to the environment in South Africa which has constitutionalised the right to the environment.
    • Shifting the starting blocks: an exploration of the impact of positive action in the UK

      Davies, Chantal; Robison, Muriel; University of Chester (Equality and Diversity Forum, 2015-06)
      Despite laws in Britain permitting limited positive action initiatives to combat disadvantage faced by minority groups in employment since the mid-1970s, the subject has notoriously been a neglected and highly controversial area in the UK. In 2010, the existing positive action provisions for the individual protected characteristics were to some extent transposed into the Equality Act 2010 (section 158 Equality Act 2010). Whilst the previous legislation had been based on an accepted ‘equality of opportunity’ approach, the new section 158 could be seen as a broadening out of positive action moving towards an ‘equality of results’ paradigm (Burrows & Robison, 2006). More recently, with the implementation of section 159 of the Equality Act 2010 in 2011, positive action in the UK has moved into new territory permitting organisations to utilise preferential treatment (using McCrudden’s taxonomy of positive action) in the form of ‘tie-break’ provision. Section 159 introduced a specific exemption for positive action in relation to recruitment and promotion. Where a particular protected group are at a disadvantage or are under-represented and there are two candidates ‘as qualified as’ each other, the employer is permitted to take a protected characteristic into consideration. Although sections 158 and 159 are voluntary provisions, it may be that the Public Sector Equality Duty could arguably require public bodies at least to have due regard to positive action initiatives pursuant to the section 149 obligation. Notwithstanding the potential provided by sections 158 and 159 of the Equality Act 2010, it still appears that organizations prefer to steer clear of this opportunity to address disadvantage suffered by protected groups. Nevertheless, the recent announcement of the Judicial Appointments Commission regarding their intention to use the ‘equal merit provision’ in recruitment exercises from 1 July 2014 in order to seek to ensure diversity within the judiciary is notable (Judicial Appointments Commission, 2014; Malleson, 2009). Equally, work carried out for ASLEF (Robison, 2012) has indicated that unions in male dominated sectors are seeking to encourage employers to engage with positive action initiatives. Whilst there is a body of work considering the theoretical importance of positive action in the UK (see inter alia Barmes, 2011; Burrows & Robison, 2006; Johns et al, 2014; McCrudden 1986; Noon, 2010), there is a lack of empirical exploration of the practical implications of these provisions. Qualitative study to determine the utility of the positive action provisions is considered both timely and necessary as we approach the fifth anniversary of the Equality Act 2010. This paper will explore the theoretical context of the current positive action provisions within England, Scotland and Wales. It will also discuss the early findings of a small-scale qualitative study carried out by the authors looking at the experiences of a purposive sample of public and private organisations in light of the potential for positive action in relation to employment in the UK.
    • Bridging the gap – an exploration of the use of positive action

      Davies, Chantal; Robison, Muriel; University of Chester (2015-06)
      Despite laws in Britain permitting limited positive action initiatives to combat disadvantage faced by minority groups in employment since the mid-1970s, the subject has notoriously been a neglected and highly controversial area in the UK. Notwithstanding the potential provided by sections 158 and 159 of the Equality Act 2010, it still appears that organizations prefer to steer clear of this opportunity to address disadvantage suffered by protected groups. Whilst there is a body of work considering the theoretical importance of positive action in the UK (see inter alia Barmes, 2011; Burrows & Robison, 2006; Johns et al, 2014; McCrudden 1986; Noon, 2010), there is a lack of empirical exploration of the practical implications of these provisions. Qualitative study to determine the utility of the positive action provisions is considered both timely and necessary as we approach the fifth anniversary of the Equality Act 2010. This paper will explore the theoretical context of the current positive action provisions within England, Scotland and Wales. It will also discuss the early findings of a small-scale qualitative study carried out by the authors looking at the experiences of a purposive sample of public and private organisations in light of the potential for positive action in relation to employment in the UK.
    • Women and the Law in Nigeria: A Reappraisal

      Ekhator, Eghosa O.; University of Chester (Bridgewater State University, 2015)
      Women in Nigeria face many challenges and discrimination under some extant laws. This paper will focus on some of these laws and their impacts on women in Nigeria. The first section will focus on a brief history of Nigeria as a background to the paper. Nigeria’s unique legal system will be briefly highlighted. The second section of the paper will highlight aspects of Nigerian laws accentuating discrimination against women. Some of these laws will include the Labour Act, the Police Act, customary practices and sexual violence laws amongst others. The third part of the paper will focus on the reforms of the extant laws. Some of these reforms include judicial activism of judges in Nigeria, regional and international treaties which Nigeria has signed and ratified (and in some cases, domesticated), and the social activist roles of the Civil Society Groups or Non-Governmental Organisations (NGOs) in Nigeria. The fourth section will proffer some recommendations. The final section will be the concluding part of the paper
    • Defining the future: An exploration of perceptions of employability of undergraduate minority ethnic student

      Davies, Chantal; University of Chester (Society for Research into Higher Education, 2014-12)
    • Corporate Social Responsibility and Chinese Oil Multinationals in the Oil and Gas Industry of Nigeria: An appraisal

      Ekhator, Eghosa O. (2014-12)
      This article focuses on the extant corporate social responsibility ǻCSR) practices in the oil and gas industry in Nigeria. The oil and gas sector of Nigeria has been beset by a lot of problems not limited to violence, kidnappings, eco-terrorism, and maladministration amongst others. One way of curing the inherent problems is the use of CSR by many oil multinational corporations (MNCs) operating in Nigeria. This article focuses on the Chinese oil irms operating in the oil and gas industry in Nigeria and investigates if they operate on the same basis as the Western irms. It seeks to determine whether the variants of CSR practised by non-Western irms in Nigeria have had negative or positive impacts in the oil and gas industry especially with China’s contribution to Nigerian economy.
    • ‘Recognition of cultural diversity cannot justify inaction on FGM’: Common themes from attempts to eradicate FGM

      Chappell, Caroline; University of Chester (2014-11-18)
      This powerpoint presentation discusses historical attempts to erradicate female genital mutilation.
    • Book review: Crimes of Mobility. Criminal Law and the Regulation of Immigration, written by Ana Aliverti

      Holiday, Yewa; University of Chester (Brill, 2014-05-23)
      Book review: Crimes of Mobility. Criminal Law and the Regulation of Immigration, written by Ana Aliverti
    • Gypsy, Roma and Traveller communities and equality law

      Davies, Chantal; University of Chester (2014-05-14)
    • The BME student experience at a small northern university: An examination of the experiences of minority ethnic students undertaking undergraduate study within a small northern university

      Davies, Chantal; Garrett, Matt; University of Chester (University of Greenwich, 2012-06)
      This article discusses a small-scale study exploring BME student experiences at a small northern England university using focus groups and interview data. The findings were based on the themes of belonging and segregation, academic and social experiences, differential treatment and equal opportunities, and early education and employability.