Category Archives: Business and Law

Me Too: the history of political change through personal stories

Dr Tanya Serisier, Senior Lecturer in Criminology, recently authored Speaking Out: Feminism, Rape and Narrative Politics, a critical study of feminist practices of ‘speaking out’ in response to rape. At the launch of the book she was joined in discussion with Dr Kiran Grewal (Goldsmiths, University of London) and Alison Phipps (University of Sussex).

On October 15, 2017, the actor Alyssa Milano tweeted a response to the growing public revelations of film producer Harvey Weinstein’s sexually predatory behaviour. It read, in part: ‘If all the women who have been sexually harassed or assaulted wrote ‘Me too.’ as a status, we might give people a sense of the magnitude of the problem’. The tweet inspired a viral hashtag and a political uproar, with women across the world sharing their experiences of sexual violence in workplaces and elsewhere, with at least some of these stories leading to the public downfall of powerful men.

‘Me Too’ has been called a ‘movement of revelation’ and even a ‘revolution’, inspiring countless debates about sexual violence and the ethics of public accusations. What many public discussions shared, particularly in the first few months, was the sense that this was both revolutionary and unprecedented. A year later, however, there are growing questions about the long-term legacy of ‘Me Too’. Stories of sexual violence have become less prominent and several men exposed by these stories have begun to resurrect their careers. It has begun to feel that this moment might be less revolutionary than had been hoped or feared.

In my book, Speaking Out: Feminism, Rape and Narrative Politics, I argue that the cultural power and limitations of events like ‘Me Too’ become clearer when they are placed within a feminist history of telling personal stories of sexual violence to achieve political change. As slogans like ‘Break the Silence, End the Violence’ from the 1970s suggest, feminists have been using the power of personal narratives to shift cultural and legal responses to sexual violence for over half a century.

My book traces this history from the first public speak-out against rape in 1971, held in a small church by the ‘New York Radical Feminists’ collective. At the time, even many feminists did not see sexual violence as a political issue, and so the speak out’s theme, that ‘Rape is a Political Crime Against Women’, marked a significant shift from a view of rape as simply the result of individual pathology. Despite the misgivings of some collective members, the speak-out attracted over 300 women, including journalists from Vogue and New York magazines. While ten women had planned to speak, the organisers were startled when thirty audience members joined them onstage to tell their own stories. These stories of personal experience inaugurated the feminist movement against rape, with speak-outs spreading globally, including to London in 1972.

“The book allows people to look beyond the current moment and ask critical questions about the strength and limitations of women’s public stories of their experience of sexual violence. It traces the history of this activism from the consciousness-raising groups and public speak-outs of the 1970s to the talk shows of the 1980s, books of the 1990s and social media activism of the 2000s.

“The launch discussed the book’s origins in my own experiences of feminist activism and rape crisis work in Australia, and my frustration with the limits and blindspots of some of this feminist politics. And this sparked the investigation of the book. The discussion at the launch was wide-ranging, exploring the difficulties of mainstream feminism in speaking to the experiences of women of colour and women from the global south and the problems with presuming that the criminal justice system is able to solve the problem of sexual violence.

“The size and vibrancy of the launch showed that people are interested in looking beyond #MeToo as a moment and thinking about what it would take to really make a difference to high rates of sexual violence and the social stigma that surrounds victims and survivors.”

From the early 1970s to today, women speaking of their experiences has challenged denial and myths surrounding sexual violence, shifting public understandings of sexual violence from a rare act committed by criminal strangers to a common form of violence frequently committed by respectable men, many of whom are friends, colleagues or even family members of the women that they assault. Women’s personal stories have combatted stigma and challenged cultural and legal tendencies to ignore and excuse the acts of men like Harvey Weinstein, instead seeking to make them increasingly socially and legally unacceptable.

At the same time, this history reveals a profound and disturbing lack of change. Far from being unprecedented, ‘Me Too’ is one of a series of moments of heightened public attention to women’s narratives of sexual violence that have occurred from the early 1970s onwards. These moments are often marked by public optimism that, finally, the silence has been broken, and that profound change will inevitably follow, expectations that are frequently disappointed.

The late 1980s, for instance, saw significant public interest and concern in sexual violence, which was a common topic in both news and entertainment media, reaching its most prominent point with Jodie Foster’s ‘Best Actress’ Academy Award for her portrayal of rape survivor Sarah Tobias in the film, The Accused. Importantly, the era also saw the birth of what I call ‘public survivors’, unknown women, such as Jill Saward in the UK, who achieved a public profile and campaigning platform on the basis of speaking about their experience of rape. Much contemporary media commentary referred to the era as a ‘watershed’, in terms not dissimilar to those used today. In the following years, however, these expectations slowly waned and Elly Danica, a Canadian ‘public survivor’ from this time, commented in the mid-1990s, ‘I now see that I and numerous colleagues over the years have been breaking the silence over and over again, only to have it subsequently swallow us up again moments after we speak’.

Ensuring that silence does not similarly swallow up the voices enabled by ‘Me Too’ requires learning from this history. Real cultural change depends not only on women speaking out, but on a wider cultural determination not to let their voices fade away over time. This would make the ‘Me Too’ moment truly unprecedented.

 

A strange irony: How the EU withdrawal process ended up saving the Human Rights Act

Dr Frederick Cowell, Lecturer in Law, argues that the UK’s exiting the EU may have saved the Human Rights Act and secured Britain’s long term future as party to the European Convention on Human Rights (ECHR).

The Brexit process has, in short, pushed the UK government away from what was, until recently, a clearly stated policy – to repeal the Human Rights Act 1998 (HRA), replace it with a British Bill of Rights and eventually withdraw from the ECHR. Both a referendum on Britain’s membership of the EU and HRA repeal, were in the Conservative Manifesto for the 2015 General Election. Repeal of the HRA, which brings the ECHR into UK law and requires UK judges to take the decisions of the European Court of Human Rights into account, has been a stated aim of the Conservative Party since 2006. In fact, its position on the HRA was clearer in its 2010 manifesto than its commitment to EU withdrawal. Coalition with the Liberal Democrats and the creation of the Commission on a British Bill of Rights appeared to kill the idea but, in 2014, the Conservative Party Published its proposals for a British Bill of Rights to replace the HRA.

Entitled Protecting Human Rights in the UK, it proposed breaking the link between UK courts and the European Court of Human Rights, and withdrawing from the ECHR if that was not possible. If implemented, this would have left the UK the only nation in continental Europe (apart from Belarus) that was outside the ECHR. It would likely have been incompatible with the Treaty on the European Union, which commits EU member states to respecting human rights, as defined by the ECHR, as a core EU value. However, as the 2014 policy document went onto note, ‘our relationship with the EU will be renegotiated in the next parliament’ and if there were any problems with the UK’s new bespoke human rights agreement this would be addressed ‘as part of the renegotiation.’ Linking leaving the EU with ECHR withdrawal made sense in terms of political framing. Although being outside the EU has no bearing on ECHR membership – Norway and Switzerland are not EU member states but have been party to the ECHR for almost half a century – the European Court of Human Rights was considered another ‘foreign court’ in the newspapers and political circles that would go onto become the most enthusiastic Brexit supporters.

There is no evidence that renegotiating EU values so as to allow the UK to withdraw from the ECHR but remain in the EU was ever seriously discussed during David Cameron’s attempted renegotiation of EU membership in late 2015. Given that both the EU Justice Commissioner and the President of the European Commission had indicated a few years earlier that any member state attempting to withdraw from the ECHR would raise concerns ‘as regards the effective protection of fundamental rights’, it is highly unlikely that Cameron would have been successful even if he had tried. After winning the 2015 General Election the entire project appeared to slow down; the then Justice Secretary Michael Gove promised proposals on a British Bill of Rights to repeal the HRA within months but, by the end of 2015, nothing had been published. By then academics and legal commentators had started to highlight the constitutional difficulties of HRA repeal, especially in relation to devolution, but the government continued to signal they were fully committed to HRA repeal.

In June 2016, when Theresa May became Prime Minister, she was expected to continue with the policy – she was a long-time opponent of the HRA from her days as Home Secretary, when she infamously and incorrectly claimed that HRA had blocked her from deporting someone because of their pet cat. But, in December 2016, the Attorney-General Jeremy Wright announced that HRA repeal was delayed until after the conclusion of Brexit. In the 2017 Conservative General Election Manifesto HRA repeal and ECHR withdrawal was effectively cancelled for the duration of the next parliament. This was far from popular among the Conservative Brexit supporters but the numbers in the 2015-2017 parliament made repeal difficult (a problem which worsened after the 2017 election). Also, with all of the constitutional difficulties over Brexit, there was little appetite to create an additional set of constitutional problems.

Since the autumn of 2017, the European Parliament has been clear that an important component of a future EU-UK relationship would be the UK’s continued ECHR membership. In the summer of 2018, the European commission draft report on future security cooperation again made membership of the ECHR an essential condition. Theorists of international relations and international law have argued that one of the core reasons for states joining the ECHR was to create a form of democratic lock-in, where the rights contained in it and the frameworks designed to protect them would be locked in place, in part because it would be hard for states to leave the Convention. Although it is superficially easy for a country to leave the ECHR, an exit mechanism is contained in Article 58 of the Convention and there are no direct economic consequences to a state for doing so, the ECHR’s interconnection with other European institutions creates a layer of political restraints constraining exit. The prospect of an exit agreement was clearly used as a lever by the European Parliament in their March 2018 resolution, which required any future trade agreement to be in “strict accordance” with EU values, effectively keeping the UK in the ECHR.

This could be important for securing the HRA’s future because there remains a significant political appetite for its repeal. Human Rights campaigners in the UK are often reassured by polling showing that HRA repeal is not a high public priority. But polling taken over a number of years in response to controversial or high profile decisions from the European Court of Human Rights has identified a significant degree of sympathy for the arguments advanced by the ECHR’s critics. Many of the arguments ranged against both the EU and the ECHR deploy what Fiona de Londras calls the ‘new sovereigntism’ argument – the idea that states should only engage and comply with international courts as and when they want to. Dominic Cummings, the leading political strategist for the Vote Leave campaign, announced earlier this year that he wants a referendum on the ECHR, noting that many leave voters would be ‘mad’ when they realise the UK was still party to it. Given this context, the external economic and political forces locking the UK into being a party to the ECHR as part of the Brexit process have probably secured the HRA’s future – for now.

This piece was first published on LSE’s blog

Burnout in the NHS: what happens when doctors become patients?

Dr Kevin Teoh, Lecturer in Organizational Psychology, discusses burnout and mental health trends in NHS consultants – which is the subject of a new paper, co-authored with Dr Atir Khan, Dr Juliet Hassard, and Dr Saiful Islam.

Not many days go by where there isn’t any discussion on the current state of our National Health Service (NHS) – whether it is increasing patient demands and numbers, concerns around funding, patient safety, or Brexit. However, as one of the largest employers in the world, the changes across the NHS can have significant ramifications for its workforce. In the press, there is increasing concern about how healthcare staff are coping in light of these changes.

One of the main topics of discussion is burnout, which consists of three components – emotional exhaustion, depersonalisation, and reduced personal accomplishment.

Emotional exhaustion refers to being emotionally drained and exhausted in the workplace, while depersonalisation is a psychological withdrawal from relationships and the development of negative and cynical feelings towards people. Reduced personal accomplishment represents a lack of work effectiveness due to emotional exhaustion and depersonalisation.

But why is burnout in the NHS so important? And what are the factors in the work environment that precede it? We sought to examine these questions in a sample of NHS consultants drawn from England, Scotland and Wales. Consultants represent the most senior and well-trained doctors in the healthcare workforce. Through their role as supervisors and educators, they are also pivotal in the development of the current and future healthcare workforce. Far less is also known about the working conditions of consultants, when compared to their junior doctor and nursing colleagues.

We focused on two aspects of work – work-related pressure and autonomy. The first reflects the workload and pressure that consultants are under, with considerable evidence from other sectors that link it with the health outcomes of workers. The latter actually reflects a potential positive work aspect as high-levels of job autonomy may be beneficial to consultants (and workers more generally). This is because job autonomy gives consultants the flexibility to manage their workload, work on tasks which they find more interesting and problem solve.

In addition to the working conditions and burnout relationship, we also wanted to see how these linked in with staff outcome measures, including the levels of depressive and anxiety symptoms that consultants were experiencing as well as their intention to retire early from the NHS.

The results paint a worrying picture. Out of the 593 consultants who took part, about a third of NHS consultants had poor-levels of psychological health, including emotional exhaustion (38.7%), depersonalisation (20.7%), anxiety symptoms (43.1%), and depressive symptoms (36.1%). These figures not only highlight that our consultants are struggling; they also suggest that poor mental health among consultants has increased in the years since they were last measured.

As expected, both aspects of work that we measured – (high) work related pressure and (low) job autonomy – predicted adverse psychological health. But what are the implications of poor working conditions and burnout among consultants in the NHS?

Our findings suggest that the impact on both severe mental health issues (i.e. symptoms of anxiety and depression) and an intention to retire early. This means that when consultants in the NHS experience high work-related pressure and job autonomy, the subsequent development of burnout could lead to more severe downstream issues.

From a psychological perspective, this does make sense. Consultants struggling in an environment where they have little autonomy and high work-related pressure requires energy and coping resources. Continual exposure then takes a toll on consultants’ psychological resources, which leads to burnout over time, as doctors feel exhausted and they depersonalise from the people around them. When doctors burn out, it exacerbates even further this demand on their psychological resources. What then happens is the manifestation of further mental and physical symptoms, such as the development of depressive and anxiety symptoms. Also, consultants may choose to leave that difficult work environment to protect their remaining psychological resources – which is why we see that when consultants report higher levels of burnout they are also more likely to intend to retire early.

While it is important to note that we did not diagnose actual anxiety and depression in our sample of consultants, the measurement of symptoms is strongly associated with it. Consultants struggling with such symptoms are more likely to be impaired in their performance, which is consistent with the growing research evidence base linking poor mental health among doctors with lower standards of patient care. Should the prevalence of depression and anxiety among consultants go up, it would inadvertently increase the demands on the NHS as doctors become patients themselves.

The intention to retire early is something that should be of concern to us all, especially as the NHS is currently facing a shortage of healthcare staff, including consultants. If consultants do go on to retire early, this would not only reduce the number of doctors in the NHS but would lead to a skills gap in the healthcare service. This might then generate a continuous downward spiral where consultants experiencing poor working conditions burnout, leading to the development of more severe mental health issues and/or early retirement from the NHS. In turn, this further increases the demands on the health service that impacts the remaining consultants, thereby continuing this cycle.

Managers and policymakers need to be aware of the current state of poor psychological health of NHS consultants. They also need to recognise that decisions and changes made to the working conditions of doctors (and healthcare staff in general) not only impact their burnout levels. Where it is not feasible to alleviate some of the work-related pressures, then ways to increase the level of consultants’ job autonomy should be considered.

These findings, along with some of our other research in this area, emphasise the need to address the systematic issues within the work environment that influence the working conditions of NHS consultants. Although more individual-focused interventions, such as resilience training, may have a role to play, on its own this is clearly insufficient. In the UK, there has been limited research looking at interventions to manage the working conditions of doctors. Nevertheless, growing research from elsewhere in the world provide some examples that may be relevant to the NHS here.

Ultimately, as potential users of the NHS, the mental health state of consultants and their working conditions really should be of concern to us all.

The full study, Psychosocial Work Characteristics, Burnout, Psychological Morbidity Symptoms And Early Retirement Intentions: A Cross-Sectional Study Of NHS Consultants In The UK, is published by BMJ Open.

Contemporary Trotskyism: the resilience of social movements

John Kelly, Professor of Industrial Relations at Birkbeck, discusses the social and political dynamics of Trotskyist organisations – the subject matter of his new book, Contemporary Trotskyism: Parties, Sects and Social Movements in Britain.

Almost eighty years after Leon Trotsky founded the Fourth International, there are now Trotskyist organisations in 57 countries, including most of Western Europe and Latin America. Yet no Trotskyist group has ever led a revolution, won a national election or built an enduring mass, political party. If the Trotskyist movement has been so unsuccessful, then how can we account for its remarkable resilience?

The book argues that to understand and explain the development, resilience and influence of Trotskyist groups, we need to analyse them as hybrid bodies that comprise elements of three different types of organisation: the political party, the sect and the social movement. It is the properties of these three facets of organisation and the interplay between them that give rise to the most characteristic features of the Trotskyist movement: frenetic activity, rampant divisions, inter-organisational hostility, authoritarian and charismatic leadership, high membership turnover and ideological rigidity.

As political parties, Trotskyist groups have always been small, never exceeding a membership of 10,000, and their vote shares in general and European elections have been derisory, rarely exceeding one percent. Yet Trotskyist groups are distinct from mainstream parties because in addition to their search for votes, office and policy implementation, they are also sects. This means they are powerfully wedded to the defence of Trotskyist doctrine, a core set of taken-for-granted beliefs that guide their actions and which are considered to provide the blueprint for ultimate political success. Trotskyist doctrine, like religious doctrine, appears in many different forms and struggles over the proper interpretation of Trotskyist and Leninist texts have splintered the movement into seven competing families.

Yet against this record of failure and division, Trotskyist groups have been assiduous in building a number of broad-based and successful social movements, to campaign on single issues. The Anti-Nazi League, created in the 1970s by the Socialist Workers Party, made a significant contribution to the electoral demise of the far right in that decade, whilst the Anti-Poll Tax Federation, created by the Militant Tendency in the late 1980s, helped destroy that Conservative government tax in the early 1990s.

These isolated success stories provide one element in the explanation of Trotskyist resilience, but an equally important factor is their astonishing efficiency in raising funds and building organisational capacity. The income per capita raised by Trotskyist groups from their members is around ten times greater than that of mainstream parties, an extraordinary achievement that allows them to employ large numbers of staff and to publish a wide range of newspapers, magazines and books. These organisational resources enable them to wield a public presence, on demonstrations and marches for example, out of all proportion to their tiny numbers. The same resources, coupled with their vigorous and uncompromising anti-capitalist message, allows them to recruit hundreds of young people each year, many of whom however quit after a short period.

Drawing on extensive archival research, as well as interviews with many of the leading protagonists and activists within the Trotskyist milieu, this is the first major study for thirty years of this small but vocal movement.

Contemporary Trotskyism: Parties, Sects and Social Movements in Britain is available from Routledge.