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The horizontal ‘re-mix’ in social care: trends and implications for service provision

Changes, Challenges and Policy Implications for Europe in Times of Austerity

Bettina Leibetseder, Anneli Anttonen, Einar Øverbye, Charles Pace and Signy Irene Vabo

Welfare pluralism, in its initial conceptualisation, sought to bring together the best welfare providers, including families and the community, while lowering expenditures. Ideally, a plurality of providers would ensure better quality, consumer choice, and universal but at the same time more individualized services. In this chapter, we raise questions about recent transformations in the welfare mix, which we call the ‘re-mix’ of social care, based on the empirical material shared within the COST Action IS1102, which points to a high degree of disarray. Compared to earlier decades that had witnessed a stable or growing level of state intervention, the current re-mixing among service providers is characterized by fragmentation and differentiation, while there is no attempt to address the question of how best to provide social care. In the end, we argue that: (1) the current organisation of care services is reinforcing inequalities between less and more affluent users; (2) the current division of responsibility in the provision, regulation and financing of care services is favouring for-profit and self-employed caregivers, without enabling collaboration and synergies among providers; (3) the current re-mixes are hindering both equality among service providers and universal provision.

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Foreword

Implications for Political and Judicial Accountability

Edited by Miroslava Scholten and Michiel Luchtman

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Edited by Elizabeth Mavroudi, Ben Page and Anastasia Christou

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Anna Grear

Law’s paradigmatic subject has been criticized, especially by feminist theorists, as being relatively invulnerable, complexly disembodied, rationalistic and separative. This is a subject at a constructed ‘centre’ for whom living materiality – even the human body itself – is merely an extended, object-ified periphery – and for whom epistemological mastery and a scopophilic view ‘from nowhere’ reflects a relentlessly assumed ontological priority. Against the impugned Cartesian and Kantian assumptions underlying traditional liberal legal subjectivity, and its subject-object relations, this chapter explores the theoretical gains offered by foregrounding, in place of the ‘autonomous liberal subject’, the notion of vulnerable, embodied eco-subjectivities explicitly interwoven within a vulnerable ecology. What implications could or should such a theoretical approach have for environmental law and processes? What might replace the binary subject-object relations assumed by the autonomous liberal subject, and what kind of juridical imaginary might be instituted by foregrounding the openness and affectability of vulnerability?

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The European Union policy framework for social services: agendas, regulations and discourses

Changes, Challenges and Policy Implications for Europe in Times of Austerity

José Luis Gómez-Barroso, Stefania Barillà and Ivan Harsløf

This chapter aims at assessing the EU’s emergent policy framework – the agendas, regulations and discourses – concerning social services within the larger field of social protection. At the turn of the millennium, it seemed that the conditions for a leap forward towards a more social union were in place, not only externally, by shifting its borders to the east, but also internally, by building up a more cohesive entity. In the latter respect, social services were given a prominent role. While it soon became clear that the EU would still be travelling essentially on economic rails, indeed social services are integral to the current strategy, as represented by the Social investment package and the Platform against poverty. In particular, a relevant part of the structural and investment funds to pursue social policy goals of promoting social services has been earmarked, marking a slight change in the mode of governance towards ‘harder’ law mechanisms. Yet beyond the very ambitious discourses and goals, an ambivalent stance and a number of structural tensions permeate the EU social policy framework and in particular the initiatives more specifically geared to social services. The very ambitious goals are not supported by actual financial means; a tension remains between the attempt to set up a European regulatory framework and national sovereignty in the social domain. Moreover, there seems to be a contradiction between competition policy applied to services and the right to welfare involved in social services. These unsolved tensions are likely to be the result of compromises in a geopolitical region accommodating different welfare state models, entailing different approaches, goals and interests.

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Kateřina Kubalčíková, Gábor Szüdi, Jaroslava Szüdi and Jana Havlíková

The chapter focuses on the implementation of de-institutionalisation in care for older people in the Czech Republic and Slovakia. The principles of de-institutionalisation were incorporated in the national strategic documents of both countries after the 2004 accession to the European Union. First, the question of how this concept influenced the Czech and Slovak national strategies, legislation and organisation of social services for older people is tackled. Subsequently, the chapter looks at the ‘responses’ of regional and local authorities and providers of care services for older people. Two case studies are then presented, which illustrate the ambivalent nature of the de-institutionalisation process. Particular attention is paid to the new role played by domiciliary care since this service form takes a central role as a ‘substitute’ for outdated or expensive institutionalised care. The chapter highlights how, even though a de-institutionalisation strategy was introduced at the national level in both countries, it was implemented without guaranteeing a constant and steady flow of financial resources, and the transition of national policy priorities to a ‘new’ conception of care for older people at the regional and local levels has been rather slow. As the case studies suggest, the implementation of the national strategy can actually lead to the exact opposite outcome than originally intended, with significant policy implications.

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Bert-Jaap Koops and Maša Galič

In this literature review, we survey the rich scholarship in human geography on the conceptualization of space and place, aiming to make it accessible to legal, governance and other scholars engaged in the debate on (the right to) privacy in public spaces. Many legal, governance and other scholars still tend to think of physical place and space (expressions often used interchangeably) as empty and neutral containers relating to territory: straightforwardly empirical, objective and mappable. Human geography shows that space and place are relational, socially co-produced and dynamic. The construction of ‘places’, including places in public space, is intricately related to issues of access control, power relations and identity-building. Particularly since the 1990s, the ongoing transformation of urban public space, including shifts in design, management, financing, and the proliferation of (digital) surveillance (the ‘privatization’ and ‘securitization’ of public space) has emerged as a key focus of geographical concern. While geography’s insights are invaluable for researching and regulating the shifting urban spaces and places in relation to privacy in public, geographic research has often not yet reached the debate on this topic. This chapter remedies this gap by discussing, through a lawyer’s lens, key literature on (public) space and place, mapping out and highlighting different ways of thinking about public space and place in relation to major themes of context, power and identity, and thereby opening up this rich area to scholars grappling with the regulation of public space.

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Douglas Fisher

Water in its natural location has traditionally been regarded as a common resource to be used for the benefit of the community in question. The function of legal rules has been to grant access to the resource: for example, by the conferment of individual rights of access according to the common law or by the grant of such rights according to an institutionalized administrative system. In Australia the legacy of the common law favoured the common law riparian doctrine. The recognition of the unique environmental and climatic conditions in Australia influenced the development during the twentieth century of a public domain regime. This chapter analyzes these developments in Australia in the context of their wider doctrinal context. Keywords: Chapter 1 (Fisher): Common Resource, Roman law, Chinese law, public domain regime, riparian doctrine, Australian water law

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Challenges and dilemmas in the provision of social services

Changes, Challenges and Policy Implications for Europe in Times of Austerity

Anneli Anttonen

Social services are a social policy field with a rapidly growing political and theoretical importance in Europe. These services enhance human welfare and the overall well-being of people, but in different ways and through different mechanisms. In this chapter, social services – with specific attention to care for older people – are evaluated from three perspectives. First, social services are examined in connection to risks people meet during their life course. Becoming old and fragile is one of such risks. However, there is a large variety in the ways life-cycle risks are taken into account by national care service policies. Second, the universality of service provision – or lack of it – is considered. From this perspective, a general weakening of universalism is observed throughout Europe. Finally, there is a distinctiveness in social service provision related to the complexity and complementarity of these services. Complexity and complementarity are at the same time strengths and weaknesses in social services provision and might explain the low status these services exhibit even today.

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Peter A.G. van Bergeijk and Rolph van der Hoeven

Peter van Bergeijk and Rolph van der Hoeven discuss the design and development of the Sustainable Development goals (SDGs) and their strengths and weaknesses. Based on the findings in this edited volume they point out persistent high and/or growing national inequality in different regions in the world. The absence of any concern for inequality in the predecessors of the SDGs, the Millennium Development Goals was a great omission as reducing income inequality is one of the most important challenges countries are facing. Although the SDGs contain a goal to reduce inequality (goal 10) the target related to this goal is wholly insufficient as it relates only to progress of the bottom 40 per cent of the population. There is no sensible indicator to attest the growing importance of the growing cleavage between income of work and income of capital and the income of super rich (the top-1 per cent) which manifest themselves in much more visible form in emerging and in developed countries. The authors argues that concern for income inequality should receive far greater attention in the implementation of the SDGs