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Wednesday, November 23, 2011

A report published today by the Equality and Human Rights Commission (EHRC) finds that, in many cases, England’s home care system breaches the human rights of the elderly it is supposed to serve. The Close to home: older people and human rights in home care report is the result of a twelve-month investigation into care generally provided by local authorities.

Approximately half of those receiving home care, plus friends and family, providing evidence to the inquiry were satisfied with the quality of care provided. However, the report stresses that there are “systemic problems” arising from “a failure to apply a human rights approach to home care provision”. The report asserts that it is generally not the fault of individuals providing care, but serious problems exist as local authorities seem unaware of their obligations under the Human Rights Act and fail to commission, procure, and monitor care accordingly.

The report says articles two, three and eight of the European Convention on Human Rights are frequently being breached. These, respectively, cover an individual’s right to life, protection from inhumane and degrading treatment, and respect for dignity and personal independence. Criticisms include that care is not provided in a common-sense manner, and funding of care for the elderly is at lower levels than for younger people with similar problems and needs.

The EHRC’s investigation highlights a range of recurring complaints and attempts to identify the underlying causes; cost is repeatedly mentioned, with use of the private-sector leading to some local authorities offering a “one size fits all” service leaving many elderly feeling they are “a task to be undertaken” and have “little or no choice” as to help received, or when care workers visit. A failure to invest in care workers is noted, with significant responsibility and the wide range of skills required being rewarded with low pay and status; this, the report states, adversely impacts staff retention and, a high turnover of care workers can put the security of care recipients at-risk.

Within the wider investigation, a commissioned independent social report by The Arndale Centre conducted in-depth interviews with a cross-section of 40 elderly individuals receiving home care. As-stressed in the report, those selected were not on the basis of good, or bad, experiences with their – mainly local authority-provided – care. It highlights a widespread feeling amongst those interviewed that they are treated “like a number”, and that aspects of the care provided lead to, or fail to resolve, feelings of social isolation.

The Manchester-based Arndale Centre report concludes that, “[t]he general picture is of a wider home care system in which older people are noteffectively involved: which they do not understand, and which does not often make the extra effort required to involve them in ways tailored to their state of health and other needs”.

A recurring theme in the responses of those interviewed is the social isolation that their home care is not adequately addressing. One male interviewee in his seventies who previously used a scooter to get about said in his interview, “I haven’t been out of the house now for about four weeks. I daren’t. The last time I went out on the scooter I hit the kerb and it frightened the living daylights out of me.” Another, an 85-year-old woman who lives alone, expressed sadness at her inability to do normal things, “I would love to go to town to do some shopping. I haven’t been to town for about two years… Wander round the town and have a cup of tea… I’d love that.”

The social isolation many elderly experience was summed up neatly by another woman in her eighties in her interview: “When you go now, I will maybe not talk to anybody till tomorrow; maybe the whole of tomorrow nobody to talk [to]… face to face. Nobody will knock on that door, that is it, a life of isolation.”

The EHRC, having commissioned this report in the face of funding changes and reform of the care system, intends to press for legislative changes to ensure those receiving care at home are given the same protections under the Human Rights Act as those in residential care. In the conclusions of their report they offer to work with, and support, local authorities in understanding and delivering care that respects peoples’ rights and dignity; and, recommend better guidance as to the choices available to the elderly, and their families, be made available.

Friday, February 20, 2009

Israel has seized 425 acres of Palestinian land in the West Bank in order to build 2,500 new settlement homes according to Israeli officials. This comes after United States Special Envoy George Mitchell asked for a freeze on settlement expansion which is deemed illegal under international law.

The seized land will be integrated into the Israeli city of Efrat, a city which is to house 30,000 people according to the mayor of Efrat.

Israeli foreign minister Tzipi Livni has stated that in order to make peace, settlement expansion must stop and furthermore Israeli settlers should leave lands already settled in. Livni’s party, Kadima, beat the right wing Likud party in elections last week by one parliament seat, not enough to form the required majority. Likud party leader Benjamin Netanyahu has stated that he firmly supports settlement expansion and has said that peace talks with Palestinians are a waste of time.

Mahmoud Abbas, Palestinian president in the West Bank, has previously stated that there will be no negotiations as long as settlement expansion continues. “We oppose settlement activity in principle, and if the settlement activity doesn’t stop, any meetings (with the Israelis) will be worthless,” Abbas said Monday.

Israeli human rights group Yesh Din has stated that these settlements are a violation of international law, saying that the occupying power is supposed to work for the benefit of the people being occupied. The United Nations agrees saying that the settlements are a violation of the Fourth Geneva Convention and international law.

Sunday, October 4, 2009

Massachusetts-based First Amendment rights lawyer Marc Randazza is defending a controversial parody website which satirizes American political commentator Glenn Beck. The website was created in September by a man from Florida named Isaac Eiland-Hall, and it asserts Beck uses questionable tactics “to spread lies and misinformation”.

The website created by Eiland-Hall is located at the domain name “www.GlennBeckRapedAndMurderedAYoungGirlIn1990.com”. Its premise is derived from a joke statement made by Gilbert Gottfried about fellow comedian Bob Saget. The joke was first applied to Beck on the Internet discussion community Fark. It then became popular on Internet social media sites including Reddit and Digg, and was the subject of a Google bomb, a technique where individuals link phrases in order to artificially change Google search results.

Eiland-Hall saw the discussion on Fark, and created a website about it. The website asserts it does not believe the rumors to be true, and states: “But we think Glenn Beck definitely uses tactics like this to spread lies and misinformation.” In an interview with Ars Technica, he said the website was “using Beck’s tactics against him”. The website was created on September 1, and by September 3 attorneys for Beck’s company Mercury Radio Arts took action. Beck’s lawyers sent letters to the domain name registrar where they referred to the domain name itself as “defamatory”, but they failed to get the site removed.

Beck filed a formal complaint with the Switzerland-based agency of the United Nations, the World Intellectual Property Organization. Beck alleged that the website’s usage is libelous, bad faith, and could befuddle potential consumers. Beck’s complaint was filed under the process called the Uniform Domain Name Dispute Resolution Policy. The policy allows trademark owners to begin an administrative action by complaining that a certain domain registration is in “bad faith”. A lawyer for Beck declined to provide a comment to the Boston Herald, however a source told the newspaper that Beck’s complaint with the site is primarily a “trademark issue”.

Randazza established an attorney-client relationship with Eiland-Hall after his client received threatening letters from attorneys representing Beck. He then sent an email to Beck’s attorneys, and pointed out inconsistencies between their client’s recent actions and his prior public statements in support of the First Amendment. Randazza wrote a reply to the World Intellectual Property Organization, and contends that the website is “protected political speech”, because it is “satirical political humor”. Randazza stated that “Even an imbecile would look at this Web site and know that it’s a parody.” In his legal brief, Randazza compared the website to other Internet memes, such as “All your base are belong to us” and video parodies of the German film Downfall.

“We are here because Mr. Beck wants Respondent’s website shut down. He wants it shut down because Respondent’s website makes a poignant and accurate satirical critique of Mr. Beck by parodying Beck’s very rhetorical style,” wrote Randazza in the brief. The brief also commented on Beck’s style of reporting, and pointed out a controversial statement made by Beck when he interviewed a Muslim member of the United States Congress. Beck said to Representative Keith Ellison: “I like Muslims, I’ve been to mosques. … And I have to tell you, I have been nervous about this interview because what I feel like saying is, sir, prove to me that you are not working with our enemies.” According to the Citizen Media Law Project, the website’s joke premise takes advantage of “a perceived similarity between Beck’s rhetorical style and the Gottfried routine”.

Public interest attorney Paul Levy told Ars Technica that if a statement in a website’s domain name were both false and “stated with actual malice”, it is possible it could be considered defamatory. The First Post reported that Electronic Frontier Foundation attorney Corynne McSherry gave an analysis asserting that though the domain name of the website is “pretty dramatic”, it constituted “pure political criticism and there’s nothing wrong with that”. McSherry and Levy both agreed that the action of Beck to take the matter to the World Intellectual Property Organization was probably a tactic to determine the identity of the website’s owner.

Andy Carvin of National Public Radio wrote that Randazza’s legal brief was amusing, commenting: “It’s not often that I would recommend reading a World Intellectual Property Organization legal brief for its entertainment value, but today is going to be an exception.” Nate Anderson of Ars Technica commented “In any event, the WIPO battle promises to be entertaining, and there’s even a bit of serious purpose mixed in with the frivolity. Just how far can WIPO go in using its domain dispute system to address Internet spats?”. Domain Name Wire wrote that “…when someone who has created a bitingly satirical web site works with his lawyer to put pen to the paper, the end result can be quite amusing.”

Writing for Adweek, Eriq Gardner pointed out the comparison made by Randazza’s legal brief between the website’s parody nature itself and the statement made by Beck to Congressman Ellison, noting: “this case also makes a political point”. Jack Bremer wrote in The First Post that the attempts by Beck’s lawyers to argue that the website’s domain name is itself defamatory “looks like a first in cyber law”. Rick Sawyer of Bostonist characterized Randazza’s legal brief as “Hillarious!”, and called the attorney “among the North Shore’s most hilarious legal writers”.

The FOX News-critical site FoxNewsBoycott.com likened the legal conflict between Beck and the site to the Streisand effect, a phenomenon where an individual’s attempt to censor material on the Internet in turn proves to make the material itself more public. “Glenn Beck is experiencing the Streisand Effect first hand,” wrote FoxNewsBoycott.com. John Cook of Gawker.com also compared Beck’s actions to the Streisand effect: “Now Glenn Beck’s trying to shut down their web site, ensuring that people will write about it.” Jeffrey Weiss of Politics Daily wrote that by taking legal action, Beck “did the one thing guaranteed to garner the greatest amount of publicity for the site”. Techdirt described Beck’s legal action as “not particularly smart”, and noted: “Beck would have been better off just ignoring it. Instead, in legitimizing it by trying to take it down, many more people become aware of the meme — and may start calling attention to situations where Beck (and others) make use of such tactics.” The blog Hot Air noted the issue could gain attention if it becomes a test case for the First Amendment: “If this becomes a First Amendment test case, the smear’s going to be covered far and wide…”

Friday, September 20, 2013

Australian solar racing team Sunswift paraded their fifth car, eVe, on the Kensington campus of the University of New South Wales, Sydney, yesterday. They are leaving for the 2013 World Solar Challenge this weekend. Both staff and students came to the send-off event in the early afternoon.

The vehicle route led from the biomed lawn of Michael Birt Gadrens in upper Kensington Campus down the University Mall to Anzac Parade with a few stops along the way at Commerce Courtyard and Globe Lawn. The driver, as well as the passenger, alighted as six members of the team carried eVe over the stairs of University Mall.

eVe, the latest car built by the Sunswift team, was designed for the new Cruiser class of the competition, and thus meets regulations for normal roads-worthy vehicles. While its predecessor IVy weighed under 150 kg, eVe weighs approximately 300 kg, with light carbon fiber monocoque construction and 15 kWh batteries weighing only 63 kg. However, eVe has achieved a similar drag coefficient, despite different overall shape and larger frontal area.

The 2013 Bridgestone World Solar Challenge is to take place on October 6–13, 2013.