The Perils of Rights Discourse: A Response to Kitzinger and Wilkinson

This commentary responds to Celia Kitzinger and Sue Wilkinson's argument for the use of human rights discourse rather than a discourse of mental health when arguing for the legalization of same-sex marriage. Without disagreeing with their basic argument, I "problematize" it, showing that legal and human rights discourses also have a history of reinforcing power dynamics and operating to the disadvantage of marginalized groups such as lesbians and gay men. First, equality rights discourse can force lesbians and gay men into a conservative mode of argument, for instance, having to show how similar they are to traditionalist opposite-sex couples, rather than emphasizing potentially significant differences. Second, the increasing use of rights discourse has arguably narrowed the scope of the lesbian/gay social movement and rendered its political strategies more conservative, rather than aiming for the elimination of heterosexism and patriarchy. Third, the focus on marriage as a human right tends to render invisible, and to reinscribe, the extent to which marriage as a socio-legal institution has operated in oppressive ways. Modern marriage is not innocent of oppression, tied as it is to the increasing privatization of social and economic responsibilities. While human rights discourse offers an important avenue for lesbians and gay men, the perils of its use should not be overlooked.     

Meaningful Voices: How Psychologists, Speaking as Psychologists, Can Inform Social Policy

Kitzinger and Wilkinson (2004) posit that social advocacy can be argued for within both a discourse of equal rights and a discourse of mental health. They suggest that psychological evidence, because it is bound to a discourse of mental health, is currently not useful in advancing the campaigns for equal marriage rights. In our response to their argument, we (1) agree that the currently available psychological evidence is limited; (2) make the case that it is still important for psychologists to produce evidence that speaks to this debate; and (3) suggest how psychologists, still speaking as psychologists, can produce evidence that speaks to this debate through underutilized theoretical and methodological approaches to relevant issues. The authors analyze a key statement by United States President George W. Bush on the meaning of marriage and the available psychological literature on same-sex relationships to support their position.     

Care without coercion – mental health rights,personal recovery and trauma‐informed care

Australian mental health services continue to use involuntary measures in response to consumers' mental distress. Regardless of the intent behind these practices, the experience of being forced to receive treatment, be secluded or restrained is traumatic and can cause further distress and harm. Other parts of the health or social service system have shifted to approaches that emphasise agency, social context, prevention, and rights. Three frameworks currently used in mental health services – human rights, personal recovery, and trauma‐informed – are consistent with a shift away from the use of force. We applied these frameworks to the text of the National Standards for Mental Health Services 2010 to analyse the degree to which it reflects a shift. We also analysed the public text of speakers' notes from the Care Without Coercion Conference 2012 concerning lived experiences of force in mental health services. The analysis highlights force in many aspects of policy. The findings have implications for directions of change, including freedom from violence; support for decision making; access and choice about community and inpatient options; safety and risk management; and greater understanding of current policy frameworks through engagement with people with lived experience about the options and impact of support processes that exclude the use of force.     

Exploring Social Justice for Clinical Social Work Practice

This article explores social work practitioners' understanding of social justice and how understanding facilitates or impedes the pursuit of social justice within the practice field of mental health. Existing confusion and ambiguity regarding what social justice is poses a barrier to social justice pursuits. Analysis of qualitative interview data from practitioners resulted in a multidimensional conceptualization of social justice as social systems, resources, and transformative respect. Clinical social workers in the field of mental health with an enhanced understanding of social justice may be better prepared to meet the profession's social justice aims.     

Human Rights and Gypsies and Travellers: An Exploration of the Application of a Human Rights Perspective to Social Work with a Minority Community in Britain

This paper explores the relationship between human rights socialwork and issues facing Gypsies and Travellers, and argues thatwork with these groups cannot be properly understood outsidea human rights framework. It outlines different generationsof rights, key current debates, and their significance for socialwork, building on other emancipatory frameworks for practiceincluding anti-oppressive practice, structural social work andcritical postmodernism. These perspectives find some expressionin social work ethical codes. For Gypsies and Travellers, humanrights violations occur in many socio-political contexts, causingcycles of exclusion and disadvantage. However, Gypsies and Travellersare increasingly mobilizing nationally and locally to promotetheir rights. The somewhat limited research on social work inthis area concurs in finding distance between the parties, lackof cultural understanding and engagement, and problematic practiceas well as some clear pointers for improvement. Policy developmentscontradictorily related to promoting rights and increasing disciplinarysurveillance are examined for their relevance to work with thisgroup. The paper explores the importance of an inclusive, participatoryand discursive approach to human rights practice, and examinesits significance for a paradigmatic shift linking social workwith the broader struggle for human rights of Gypsy Travellersand other groups.     

公正观念的民间认同:“叶玉珍”财产继承案分析

在法律秩序达成官方和民间（国家和社会）两个面向的分析框架下,黄宗智和张静分别从“实践”和“利益分配”的角度提出民间面向上存在的两种解释维度。本文从“叶玉珍”财产继承案出发,着重探讨公正观念的民间认同,认为在抽象原则上,官方和民间都认同“权利和义务一致”的公正观念,但在义务的具体内容上,存在个人义务与家族义务的认同冲突。由此,本文回溯历史,梳理明清以来寡妇财产继承权的变迁,进一步揭示其中所反映的公正观念在官方和民间认同上的一致与冲突,提出在民间这一面向上,“公正观念的民间认同”是以往未注意到的另一解释维度,从而试图对法律秩序的达成加入新的解释维度。     

新伦理与旧角色:五四新女性身份认同的困境(英文)

五四新女性是在学校这一现代教育平台由新文化启蒙话语塑造而成,她们的意识形态认同来自新文化,是以个人主义为核心的正义伦理;而她们的性别认同及相应的关怀伦理,却使其对“旧道德”下的女性同类有更多同情。为实现个人权利、维护神圣恋爱,她们“忽略”名分、委屈尊严,在新旧道德的模糊地带与有妇之夫结成特殊婚姻。而非正常婚姻关系的缺憾,爱情中隐含的性别等级,个人自由与关怀伦理的对立与冲突等,都导致她们陷入认同危机。新女性身份认同的困境,体现了“五四”正义伦理的道德局限,而五四文学表达的某种匮乏,亦源自这个局限。     

Keep the Tool-Box Open for Social Justice: Comment on Kitzinger and Wilkinson

We argue that psychology is not ill-suited to confronting problems of inequality and injustice, and that psychologists are, in fact, quite capable of activist science. The parameters of psychology need to be considered as being broader than mental health pronouncements regarding various targeted minority groups. At a time when empirical claims are being wielded as tools by both sides of the same-sex marriage debate, activist psychologists should not relinquish their own various strategies for challenging the status quo. The authors provide examples of tactics and tools that have been used and continue to be used by feminist and other progressive psychologists both to transform psychology and to work toward equality and social justice.     

Is there nothing beyond postmodernism and ‘the theoretical Other’? The need for balancing universalism and diversity in social work

In his article, 'Against difference and diversity in social work: the case of human rights', Stephen Webb captures several important problems concerning the application of a postmodern human rights perspective in social work. Although accepting Webb's diagnosis, for example that the postmodern discourse neglects basic structural conditions essential for understanding social problems and thus leads to a policy of symbols and rhetoric, this article argues that Webb reifies the perspectives of diversity and universalism and misses the need for balancing these aspects in the practice of social work. Some general argumentative techniques in the postmodern discourse are identified, and it is argued that several of Webb's conclusions are reached via those argumentative techniques, particularly when it comes to his claim that the philosopher Alain Badiou could play a central role for social work. The possibility of implementing in social work general philosophical programmes such as Alain Badiou's is questioned.     

Equal Marital Property Rights

Although the Family Law Act recognizes the contribution of a marriage partner as homemaker and parent, in practice, such contributions are often not recognized as equal to those made by paid workers when property is divided on divorce. Because a woman's earning capacity is usually diminished by her family responsibilities, the existing discretionary approach to property division reinforces women's dependency on men. Under a system of equal marital property rights, the equal value of contributions of unpaid spouses would be clearly established. Assets accumulated before marriage would usually be excluded from the equal ownership rule (and hence from distribution to the other party on divorce), both partners would be informed of transactions during marriage, and parties who choose to could contract out of the equal rights scheme. Men and women would know from the outset of marriage what their rights were.     

The Positioning Diamond: A Trans-Disciplinary Framework for Discourse Analysis

Social science requires a dual ontology: one for the physical realm, and one for the symbolic realm of meaning. Much research produced in social science remains based in an old paradigm, which entirely neglects the symbolic realm. While social scientists attempting to forge a new paradigm have embraced a discursive approach, this approach lacks a coherent framework that can be systematically applied in the analysis of meaning. This paper presents the positioning diamond as a framework that can be employed in discourse analysis across social science disciplines. The four facets of the diamond—storylines, identities, rights and duties, and the social force of acts—can be analyzed at three levels of discourse: the content, narrator-interlocutor, and ideological levels. The framework can be employed to provide explanations of most types of human thought and action.     

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Abstract

There is a growing emphasis in the social work literature that social work's overall mission should be that of social justice and that mental health be relegated as outside of social work's realm. This paper draws upon a constructionist and narrative perspective in developing a general formulation of clinical social work to bridge the gap between social justice and mental health.     

Taking Rights Structurally: Disability, Rights and Social Worker Responses to Direct Payments

Correspondence to: Tim Stainton, School of Social Work and Family Studies, University of British Columbia, 2080 West Mall, Vancouver, BC, Canada, V6T 1Z2. E-mail: timst{at}interchange.ubc.ca Summary This article examines the link between a justice and rightsdiscourse and disability policy and practice. Specifically,it considers social worker responses to direct payments, a policywhich has been linked to a discourse of social justice and rights.The article initially considers the nature of justice and rights,arguing that these can plausibly be seen to be grounded in theidea of autonomy and that a rights or justice based social policyand practice must be grounded in the protection, enhancementand development of the capacity for autonomous action. The articlethen presents partial findings of a research project, whichsampled social workers' views and attitudes towards direct paymentsin three local authorities. The findings suggest that socialworkers are aware of the link between direct payments and autonomyand are generally very supportive of the move to a rights basedapproach to policy and practice as evidenced by programmes suchas direct payments. The paper also concludes that structuralconstraints limit social workers' ability to fully functionfrom a rights based approach to disability.     

Mental Health and Social Justice: Gender, Race and Psychological Consequences of Unfairness

Correspondence to: Professor Michael Sheppard, Department of Social Policy and Social Work, University of Plymouth, Drake Circus, Plymouth PL4 8AA, UK. Summary It is not immediately obvious how social justice might relateto mental health. Mental health or ill health is, by some, thoughtto be inherent within the individual, whereas social justice,as its name indicates, resides within the realm of the social.However, where we understand social justice as, on the one hand,an issue involving equality and fairness, and on the other ashaving both material and symbolic dimensions it becomes clearthat there is an important link. In particular groups whichsuffer disadvantage and discrimination may be expected to sufferhigher rates of mental ill health. However, the key to understandingthis is by identifying the mechanisms by which this can happen.In order to do this it is necessary that we do not look at mentalhealth (or illness) in an undifferentiated way, since thereare different processes involved for different forms of mentalill health. We shall, therefore, look at this by focusing onthe issue of social justice through two significant relationships:gender and depression, and race and schizophrenia. We shallexamine the mechanisms which link these together, and show howthey are significant psychological consequences of social injusticearising in both material and symbolic form.     

“反精神医学”的谱系： 精神卫生公共性的历史及其启示

基于对上世纪后半叶以来“反精神医学”历史的考察,本文试图提出反精神医学运动如何影响精神卫生公共性建设的问题。文章结合当时欧美社会民权运动的背景,从“反精神医学”诸种思潮中梳理出其指涉公共性的各个面向,探讨其历史经验与启示。在传统精神医学陷入危机之时,反精神医学的精神卫生观转向以精神病患为主体,其中对“全控机构”的批判和标签论颠覆了传统精神医学的神话,成为“去机构化”意识形态的合力;同时,草根组织的援助改变了被收容者的社会处置方式;巴扎利阿的精神医疗改革则进一步解放了被收容者,其提出的废除精神病院、通过立法保障患者权益的案例,进一步彰显出精神卫生的公共性何以可能的历史经验。在此基础上,文章对精神卫生的公共性所指涉的目标和价值取向、精神卫生改革中的公众参与以及争取合法保障精神卫生相关权益的经验进行了讨论。     

“政策性离婚”的伦理考量

“政策性离婚”是指因国家政策的变化而出现的离婚现象,其实质是通过假离婚等非常规方式规避政策的限制,以实现个人或家庭利益的最大化。诱发“政策性离婚”的伦理因素包括：经济利益至上导致的婚姻伦理关系的淡化、道德监督缺失带来的婚姻主体道德责任的弱化以及制度伦理失范引发的社会道德环境的恶化。为了减少“政策性离婚”等类似社会现象的发生,必须强化个体道德自律,坚守婚姻的道德底线;健全道德监督机制,促进社会生活的规范化;推进制度伦理建设,维护社会的正义与和谐。     

Anti-racism and the Limits of Equal Opportunities Policy in the Criminal Justice System

In this paper some of the evidence relating to the incidence of racial discrimination in the criminal justice system will be critically examined. It will be argued that equal opportunities policies have been adopted in the British case with the stated aim of tackling the exclusionary effects of racial discrimination. The notion of equal opportunities has been contested not least by those who have advocated anti-racist approaches towards discrimination. Anti-racism has been represented by some of its advocates as reflecting a critique of the authentic source of racism which is loosely defined in terms of social structure and capitalist social relations. The case for reconstituting anti-racism in such a way as to make it relevant to the lives of black offenders will be made. Finally, a framework for developing policies based upon the implementation of specific and clearly stated rights will be made.     

A critical review of mental health and mental health‐related policies in China: More actions required

In China, there are over 170 million people suffering from mental illness. However, there is a lack of a critical review of the policies governing the provision of mental health services. Drawing on the framework of mental health policy developed by the WHO, this article critically examines mental health policies regarding legislation, financing, model of care and delivery, as well as manpower and the training of mental health professionals in China. This analysis raises a number of policy‐related questions concerning the lack of community‐based psychiatric services, inadequate coverage of mental health services in the rural areas, poor standard of education and an insufficient number of trained mental health professionals, and insufficient protection of the human rights of people with mental illness. The article ends by urging the various levels of governments to make a firm commitment to improve mental health care for people with mental illness in China.     

Homelessness, Mental Illness and Citizenship

Assertive mental health outreach to homeless persons, which operates under the premise that mental illness must be understood and treated within the individual's social and economic environment, points towards the goals of community membership and 'citizenship'—a connection to the rights, responsibilities, roles, and resources that society offers through public and social institutions and informal 'associational life'—for homeless persons. We argue that the concept of citizenship is a useful framework for approaching these goals. We review the principles of assertive mental health outreach and relevant aspects of contemporary citizenship theory; present a case example of outreach leading to a 'citizenship project'; and discuss the potential benefits and pitfalls of a citizenship framework, including strategies and recommendations for program administrators, researchers and policy makers.     

论防止知识产权滥用的制度理念(英文)

对知识产权滥用的认识,应当构建在清晰梳理知识产权行使行为与知识产权滥用行为之关系的基础上。它们两者之间虽有联系,但决然不能简单等同,因为超越知识产权权利范围行使权利的行为不是滥用行为,知识产权垄断行使行为是否构成滥用需要依其是否具有正当性而做出判断,知识产权不当行使行为与滥用行为有着本质不同。防止知识产权滥用,需要制度理性的思考。防止知识产权滥用的制度理念,一是在法律正义的基础上解决知识产权的利益冲突,对利益冲突与法律正义作出正确的判断,在利益实现与秩序安全之间寻找衡平点;二是在私权基础上关注知识产权的社会功能。现代社会不仅需要高扬私权保护的旗帜,也需要更多地关注权利的社会功能,尤其需要关注社会发展与知识产权社会功能的强化之间的关系。