Social Environment
EU Ratification of UN Disability Convention – EFC Legal Study
2011-02-05: Further to my post, dated 15 January 2011 …
Many people directly or indirectly involved with Disability-Related Issues in Europe … may not yet know that, a few weeks ago, the European Union ratified the 2006 United Nations Convention on the Rights of Persons with Disabilities (UN CRPD). They may not even know that their own country, as a Member State of the European Union, had perhaps already ratified the UN Convention one or two years earlier.
At this time, the majority of Member States have proceeded, voluntarily, to ratify the Convention … with some of those, inexplicably, declining/refusing to ratify the Convention’s Optional Protocol.
Human & Social Rights can be a difficult subject area !
Ireland has not ratified the UN Convention … and, unfortunately, the attitude of many policy-makers and decision-makers within our Irish Institutions of State, large and small, is that it’s business as usual … no need to worry or fuss, or give a damn … until this country does actually sign on the Convention’s bottom line … an attitude which displays a magnificent ignorance of the changed reality, post Lisbon Treaty, which is the European Union’s Current Legal Environment !!
Please examine carefully, for yourselves, the findings of this Legal Study, recently approved for publication by the European Commission …
European Foundation Centre (EFC)
Brussels, October 2010
Click the Link Above to read and/or download PDF File (1.46 Mb)
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EU RATIFICATION OF THE UN CRPD – ASPECTS OF EU LAW
The following are selected extracts from the EFC Study … my selection (!) … to answer specific issues relating to UN CRPD Implementation within the European Union. Typographical errors in the Study have also been corrected … and, post Lisbon Treaty, references to the EU Treaties have been properly updated …
The legal basis for the conclusion of the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) signals the appropriate legal basis for its implementation within the European Union (EU). In this respect, and in line with Article 4 of the UN Convention, implementation implies that instruments may be adopted or modified by the Union in order to comply with the Convention and give effect to its provisions and principles. Although the choice of the legal basis for the decision concluding an international agreement is very important, it is not decisive for implementation. In European Court of Justice Case C-178/0345, which concerned the implementation of the Rotterdam Convention on International Trade in Hazardous Chemicals, the Court stated that ” the fact that one or more provisions of the Treaty have been chosen as legal bases for the approval of an international agreement is not sufficient to show that those same provisions must also be used as legal bases for the adoption of measures intended to implement that agreement at Community level “. The latter statement means that EU Treaty provisions other than those mentioned in EU Council Decision 2010/48/EC to conclude the UN CRPD can be used as legal bases to implement UN CRPD obligations in specific fields.
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The United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) is an international human rights agreement where both the European Union (EU) and its Member States are contracting parties. The UN Convention is thus a Mixed Agreement. Mixed Agreements involve a Shared Contractual Relationship between the EU, its Member States and one or more third countries and/or international organisations. As a Mixed Agreement, the UN CRPD covers fields that fall in part within the competence of the EU, in part within that of the Member States and in part within the shared competence of the EU and its Member States. It is therefore essential for the EU and the Member States to closely co-operate, in order to implement legislation stemming from the Convention in a coherent manner and ensure unity in the international representation of the Union.
EU Member States, when participating in Mixed Agreements, do not act as entirely autonomous subjects of international law; they are subject to a Duty of Loyal Co-Operation between one another and the EU. This duty extends to each of the negotiation, conclusion and implementation phases. In this sense, there is a collective management of the obligations under international law. The duty of loyal co-operation, deriving from Article 4.3 of the Treaty on European Union (TEU), embraces two sets of obligations: first, Member States shall take appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of the EC Treaty or resulting from action taken by the EU Institutions; and second: Member States shall facilitate the achievement of the Union’s tasks and shall abstain from any measure which could jeopardise the attainment of the Union’s objectives … which are set out in Article 3 of the Treaty on European Union (TEU).
Treaty on European Union (TEU) – Consolidated Version, as Amended by the Treaty of Lisbon
Article 4.3
Pursuant to the principle of sincere mutual co-operation, the Union and the Member States shall, in full mutual respect, assist each other in carrying out tasks which flow from the Treaties.
The Member States shall take any appropriate measure, general or particular, to ensure fulfilment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union.
The Member States shall facilitate the achievement of the Union’s tasks and refrain from any measure which could jeopardise the attainment of the Union’s objectives.
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In relation to EU Member States‘ Compliance with a Mixed Agreement concluded by the EU … the European Court of Justice has inferred that for matters falling within EU competence … the Member States fulfil, within the EU system, an obligation in relation to the Union which has assumed responsibility for due performance of the agreement. In other words, if a Member State fails to take all appropriate measures to implement provisions of the Mixed Agreement that fall within the competence of the EU … it not only fails to fulfil its international obligation, but is also acting in breach of EU Law. The European Commission may thus bring an infringement case against a Member State that has not properly fulfilled its duty. The principle underpinning such mechanisms is the ‘duty of loyal co-operation’, which provides the foundation for managing shared competence within Mixed Agreements.
The line dividing international responsibility for implementation of the International Mixed Agreement between the EU and its Member States depends on the obligations respectively assumed. The UN CRPD contains a clause setting out ‘separate’ responsibility. According to Article 44.1, Regional Integration Organisations acceding to the Convention shall declare, in their instruments of formal confirmation or accession, the extent of their competence. This division of responsibility for implementation implies that the European Union only bears responsibility for the breach of those obligations it has assumed.
EU Council Decision 2010/48/EC on the conclusion of the UN CRPD refers to EU competence in respect of those matters governed by the UN CRPD, and lists EU Instruments which demonstrate such competence.
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STRUCTURE OF THE EFC REPORT
The main objective of the Study was to analyse the obligations set out in the UN CRPD and, in particular, to gather information about the various practices of the EU Member States and the European Union in implementing the UN CRPD.
The work was carried out by the European Foundation Centre (EFC), representing the European Consortium of Foundations on Human Rights and Disability … under Contract No. VC/2008/1214 … for the European Commission‘s Directorate-General for Employment, Social Affairs & Inclusion.
Section 1 of this Report sets the appropriate background for the analysis that will follow.
Section 2 of the Report provides an overview and general recommendations on the implementation of the social model of disability, and core obligations deriving from Article 1 and Preamble Paragraph (e) of the UN CRPD.
Section 3 of the Report provides an overview and general recommendations on the implementation of Article 3 (General Principles), Article 4 (General Obligations), Article 5 (Equality and Non-Discrimination), and Article 9 (Accessibility) of the UN CRPD. The section also reviews UN CRPD articles on Inter-Sectionality, namely Articles 6 (Women with Disabilities) and Article 7 (Children with Disabilities). It is worth noting that the articles addressed in this section are articles of general and crosscutting application, and therefore their application is relevant for the implementation of all articles of the Convention.
Section 4 of the Report provides an overview and general recommendations on the implementation of selected substantive provisions of the UN CRPD which apply existing civil, political, economic, social and cultural rights within the context of disability. Specifically, the section considers the implementation of Articles 16 (Freedom from Exploitation, Violence and Abuse) and 17 (Protecting the Integrity of the Person), which are seeking to assert protections that underscore the humanity of all persons with disabilities. The section also considers the implementation of Articles 12 (Equal Recognition before the Law) and 19 (Living Independently and Being Included in the Community), both of which aim at maintaining and safeguarding the autonomy of the person. Furthermore, articles on specific accessibility rights, namely Article 13 (Access to Justice) and Article 29 (Participation in Political and Public Life), are likewise addressed. Finally, the section considers the implementation of Articles 24 (Education) and 27 (Work and Employment).
Section 5 of the Report contains an overview and general recommendations on the implementation of articles which outline steps that are necessary to support reforms. Specifically, the section considers the implementation of Article 31 (Statistics and Data Collection), Article 32 (International Co-Operation), and Article 33 (National Implementation and Monitoring).
Section 6 of the Report suggests good practices for the EU and national policy-makers for the future and overall implementation of the Convention, and the effective achievement of its objectives.
It is worth noting that, while it is hard to be definitive, given that the UN Committee on the Rights of Persons with Disabilities is still in its infancy and has yet to pronounce on the obligations of the UN CRPD … it is nevertheless possible on the basis of the general principles of the Convention and interpretative tools, such as the Vienna Convention on the Law of Treaties, to identify illustrative challenges to the implementation of the UN CRPD. For the purposes of this Study, the review of EU and Member States policies and legal instruments is based on the analysis of the UN CRPD and checklists that were produced from this Study to measure progress.
Finally, for the purposes of the Study, a challenge is defined as a ‘difficulty’ posed by existing national or EU practice which may potentially hamper the full and effective implementation of the UN CRPD by the EU Member States and/or the European Union. In order to meet such challenges, it will be necessary, inter alia, for the EU (as appropriate) and/or its Member States to review legislation and/or policy with a view to full compliance. On the other hand, a practice is defined as good if it fulfils certain requirements of the Convention or mainstreams the general principles, consistent with Article 3 of the UN CRPD, and has an awareness-raising impact.
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Petrol/Gasoline Prices in Turkey Now – Here Tomorrow ?
2011-01-30: A Sobering Interlude …
Colour photograph showing the prices of different grades of petrol and diesel at a Petrol Station in Turgutreis, on the Bodrum Peninsula, Turkey. Photograph taken by CJ Walsh. 2011-01-21. Click to enlarge.
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The photograph above shows the prices for petrol (gasoline) on 21 January 2011 … in Turkey:
For 95 Octane Petrol (gasoline), the price shown is 3.98 TL per Litre
The exchange rate at the time (2011-01-21) … € 1 / 2.04 TL = € 1.95 per Litre
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For 97 Octane Petrol (gasoline), the price shown is 4.01 TL per Litre
The exchange rate at the time (2011-01-21) … € 1 / 2.04 TL = € 1.97 per Litre
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European Union Economic Governance – Too Late For Dithering !
2010-12-22: November & December 2010 … when the shit really started to hit the international economic fan ! … there has been an excess of hysterical nonsense in the Irish Media concerning growing European Union (EU) Economic Governance … and a perceived erosion of Irish National Sovereignty. How sad ?!?
Note: Economic Environment … the intricate web of real and virtual human commercial activity – operating at micro and macro-economic levels – which facilitates, supports, but sometimes hampers or disrupts, human interaction in the Social Environment.
Note: Social Environment … the complex network of real and virtual human interaction – at a communal or larger group level – which operates for reasons of tradition, culture, business, pleasure, information exchange, institutional organization, legal procedure, governance, human betterment, social progress and spiritual enlightenment, etc.
However, let me sketch out an altogether different and much more positive picture !
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Thesis – My Argument
[During 2009, I first raised this issue in meetings of the IIEA (Institute of International & European Affairs) Economists' Group, in Dublin.]
Towards the end of 2010 … we can now see that Inter-Governmental Economic Governance in the European Union has failed … miserably. This has not only destabilized the EuroZone … but the entire European Union, itself, as a political entity … and will continue to do so … until Economic Governance is brought much closer to, and fully within, the Community Method … which is a lengthy and complex process.
Back in 2009, however, when the Financial Markets were not in such a mad frenzy … it would have been natural to imagine that an interim stage in this process would most probably be to adopt an Open Method of Co-Ordination. This is no longer an option … being too little, too late, to calm the Markets.
Throughout this process of reform, the European Central Bank (ECB) and the National Central Banks can, and must, retain their independence … as legally mandated in European Union Primary Legislation, i.e. the Treaties.
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Three Concerns I have had for some time …
- Economists don’t know the Community Method from the Rhythm Method, and they are ill-equipped to deal with matters of Mainstream European Union Institutional Reform ;
- The use of Economic Performance Indicators in the EU Stability & Growth Pact is simplistic and crude … and, therefore, very problematic ;
- Economic Performance Indicators must be improved … qualitatively … and be mainstreamed in considerations, and the implementation, of Sustainable Human & Social Development … as legally mandated in the EU Treaties.
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Mr. Olli Rehn, European Commissioner for Economic & Monetary Affairs recently delivered a speech at the Institute of International & European Affairs, in Dublin …
Mr. Olli Rehn, European Commissioner
9 November 2010
Reinforcing EU Economic Governance: Relevance for Ireland
Click the Link Above to read and/or download PDF File (39kb)
However … instead of trying to desperately backfill the holes and gaps in the current, failed Inter-Governmental Method of Economic Governance in the European Union … Commissioner Rehn should be clearly identifying the proper target as the Community Method of Economic Governance … and plotting an appropriate course to reach that target … as soon as practicable !
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This is a useful background document … and includes a lot of information about the EU Stability & Growth Pact …
European Commission & General Secretariat of the EU Council
June 2007
EU Economic & Monetary Union – Legal & Political Texts
Click the Link Above to read and/or download PDF File (2.66 Mb)
Since Ireland joined the European Economic Community (EEC) in 1973 … after 10 years of accession negotiations ! … an ‘informed’ view of European Integration has always been that the different Countries are pooling their national sovereignty, in an expanding range of specific areas, for the greater benefit of all their citizens. This has certainly been the experience of Ireland. And … let us also not forget that Irish Politicians and Senior Civil Servants have participated directly – at all stages – in the development of the EMU Legal & Political Texts listed. There is no such thing as a Domineering ‘Brussels’ Big Brother !
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This is the most recent update of the EuroZone’s Economic Performance Indicators …
European Commission, Directorate-General for Economic & Financial Affairs (DG ECFIN)
2 December 2010
Key Economic Indicators for the Euro Area
Click the Link Above to read and/or download PDF File (360kb)
It is now widely acknowledged that Gross Domestic Product (GDP) is neither a reliable nor an adequate indicator of Sustainable Human & Social Development. But … that is another story … for another day !
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Community & Inter-Governmental Methods of Governance
The Community Method is the expression used for the most common and effective operating and decision-making mode of institutions in the European Union. It proceeds from an integration logic, with due respect for the subsidiarity principle … and has the following salient features:
- European Commission monopoly of the Right of Initiative, with a strong monitoring role in implementation ;
- should consensus not be achieved, widespread use of Qualified Majority Voting in the Council of the European Union ;
- an active, participatory role for the European Parliament ;
- uniform interpretation of EU Law by the Court of Justice.
In contrast to the … Inter-Governmental Method … which proceeds from an inter-governmental logic of co-operation between EU Member States … to a large extent outside the institutional framework of the European Union … and has the following salient features:
- the European Commission’s Right of Initiative is shared with the Member States or confined to specific areas of activity … with little, if any, monitoring role for the Commission in implementation ;
- the Council of the European Union generally acts unanimously … and unilaterally ;
- the European Parliament has merely a consultative role ;
- the Court of Justice plays only a minor role.
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Open Method of Co-Ordination
The Open Method of Co-Ordination (OMC) developed as an instrument of the 2000 Lisbon Strategy, and provided a new framework for co-operation between the EU Member States, whose national policies could thus be directed towards certain common objectives.
Under this method of governance, the Member States are evaluated by one another (peer pressure), with the European Commission’s role being limited to ‘lite’ surveillance. The European Parliament and the Court of Justice play virtually no part in the OMC process.
The Open Method of Co-Ordination takes place in policy areas which fall within the competence of the Member States … such as employment, social protection, social inclusion, education, youth and training.
It is based principally on:
- jointly identifying and defining objectives to be achieved (adopted by the Council of the European Union) ;
- jointly established measuring instruments (statistics, indicators, guidelines) ;
- benchmarking, i.e. comparison of the Member States’ performance and exchange of best practices (oversight by the European Commission).
Depending on the areas concerned, the OMC involves so-called ‘Soft Law’ Measures which are binding on the Member States to varying degrees but which never take the form of ’Hard Law’ Directives, Regulations or Decisions. Thus, in the context of the Lisbon Strategy, the OMC required the Member States to draw up national reform plans and to submit them to the European Commission.
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Colour photograph showing the last resting place, in Arbour Hill Cemetery Dublin, for many - not all - Executed Leaders of the 1916 Revolution. The Memorial was designed by G. McNicholl. Photograph taken by CJ Walsh. 2010-10-24. Click to enlarge.
Ireland’s National Sovereignty in 2010/2011 ?
On a beautiful sunny day, this past autumn … I again visited Arbour Hill Cemetery in Dublin … the last resting place for many Executed Leaders of the 1916 Revolution … an event which finally initiated an irrevocable process of terminating a prolonged period of barbaric external imperial domination and cultural cleansing of the indigenous population …
Colour photograph showing, in the background, a latin cross and the Irish language version of the 1916 Proclamation of Independence inscribed on the stone wall, with the simple grass-covered graves of Executed Leaders in the foreground. Detail of the 1916 Revolution Memorial in Arbour Hill Cemetery, Dublin. Photograph taken by CJ Walsh. 2010-10-24. Click to enlarge.
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On the wall behind the graves … the 1916 Proclamation of Independence is inscribed in the Irish Language, and also in English …
Poblacht na hEíreann
THE PROVISIONAL GOVERNMENT OF THE IRISH REPUBLIC
TO THE PEOPLE OF IRELAND
IRISHMEN AND IRISHWOMEN: In the name of God and of the dead generations from which she receives her old tradition of nationhood, Ireland, through us, summons her children to her flag and strikes for her freedom.
Having organized and trained her manhood through her secret revolutionary organization, the Irish Republican Brotherhood, and through her open military organizations, the Irish Volunteers and the Irish Citizen Army, having patiently perfected her discipline, having resolutely waited for the right moment to reveal itself, she now seizes that moment, and, supported by her exiled children in America and by gallant allies in Europe, but relying in the first on her own strength, she strikes in full confidence of victory.
We declare the right of the people of Ireland to the ownership of Ireland, and to the unfettered control of Irish destinies, to be sovereign and indefeasible. The long usurpation of that right by a foreign people and government has not extinguished the right, nor can it ever be extinguished except by the destruction of the Irish people. In every generation the Irish people have asserted their right to national freedom and sovereignty: six times during the past three hundred years they have asserted it in arms. Standing on that fundamental right and again asserting it in arms in the face of the world, we hereby proclaim the Irish Republic as a Sovereign Independent State, and we pledge our lives and the lives of our comrades-in-arms to the cause of its freedom, of its welfare, and of its exaltation among the nations.
The Irish Republic is entitled to, and hereby claims, the allegiance of every Irishman and Irishwoman. The Republic guarantees religious and civil liberty, equal rights and equal opportunities to all its citizens, and declares its resolve to pursue the happiness and prosperity of the whole nation and of all its parts, cherishing all the children of the nation equally, and oblivious of the differences carefully fostered by an alien government, which have divided a minority from the majority in the past.
Until our arms have brought the opportune moment for the establishment of a permanent National Government, representative of the whole people of Ireland and elected by the suffrages of all her men and women, the Provisional Government, hereby constituted, will administer the civil and military affairs of the Republic in trust for the people.
We place the cause of the Irish Republic under the protection of the Most High God, Whose blessing we invoke upon our arms, and we pray that no one who serves that cause will dishonour it by cowardice, inhumanity, or rapine. In this supreme hour the Irish nation must, by its valour and discipline and by the readiness of its children to sacrifice themselves for the common good, prove itself worthy of the august destiny to which it is called.
Signed on Behalf of the Provisional Government,
THOMAS J. CLARKE,
SEAN Mac DIARMADA, THOMAS Mac DONAGH,
P. H. PEARSE, EAMONN CEANNT,
JAMES CONNOLLY, JOSEPH PLUNKETT.
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As We Approach the 100th Anniversary of the 1916 Revolution … Ireland has failed to implement and foster the social values so eloquently elaborated in the 1916 Proclamation of Independence … widespread, deeply ingrained corruption infects our economic environment … and the institutions of national governance are dysfunctional and no longer ‘fit for purpose’ … while individuals within those institutions rise in rank according to their own natural level of incompetence.
Politically … Ireland has not yet properly matured as an Independent State.
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Ireland’s Relationship with the European Union … I am more than a little curious as to why Ireland is not associated with Declaration No.52, which is annexed to the Treaty of Lisbon …
52. Declaration by the Kingdom of Belgium, the Republic of Bulgaria, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the Italian Republic, the Republic of Cyprus, the Republic of Lithuania, the Grand-Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Republic of Austria, the Portuguese Republic, Romania, the Republic of Slovenia and the Slovak Republic on the symbols of the European Union
Belgium, Bulgaria, Germany, Greece, Spain, Italy, Cyprus, Lithuania, Luxemburg, Hungary, Malta, Austria, Portugal, Romania, Slovenia and the Slovak Republic declare that the flag with a circle of twelve golden stars on a blue background, the anthem based on the ‘Ode to Joy’ from the Ninth Symphony by Ludwig van Beethoven, the motto ‘United in diversity’, the euro as the currency of the European Union and Europe Day on 9 May will for them continue as symbols to express the sense of community of the people in the European Union and their allegiance to it.
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Yes … we have a lot to discuss before 2016 !
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Please Defend Ireland’s Pension for Older People !
So … RTÉ (Radio Teilefís Éireann, Ireland’s National Public Service Broadcaster) has decided to Ban Advertisements for this Video … produced by Older & Bolder … an Alliance of Non-Governmental Organizations (NGO’s) which champions the rights of all older people, and seeks to combat ageism …
http://www.olderandbolder.ie/content/sign-our-petition-defend-state-pension#video
The Current Member Organizations of ‘Older & Bolder’ are:
- Active Retirement Ireland ;
- Age & Opportunity ;
- The Alzheimer Society of Ireland ;
- The Carers’ Association ;
- The Irish Hospice Foundation ;
- The Irish Senior Citizens’ Parliament ;
- The Older Women’s Network ; and
- The Senior Help Line.
The Vision of ‘Older & Bolder’ … An Ireland which affirms ageing and the rights of all older people, enabling everyone to live and die with confidence and dignity … as equal, respected and involved members of society.
The Older & Bolder Alliance Acts as a Catalyst for …
1. Supporting older people, through its member organizations, as active participants in shaping an Ireland which fosters the welfare and quality of life of all its citizens.
2. Positively influencing and shaping beliefs and values, attitudes and opinions regarding ageing and older people.
3. Valuing the role of older people in the community … and understanding the diversity of older people, including those with an impairment or a health condition.
4. Promoting an age-friendly society where decisions are informed by the expressed needs and preferences of older people, and empirical (i.e. evidence-based) research.
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I have seen this ‘Older & Bolder’ Video … and signed the Petition at … http://www.olderandbolder.ie/
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Sustainable Cities – The Driver to Forge a ‘Creative’ Society ?
Dr. Craig Barrett, Chair (2005-2009) of Intel Corporation’s Board, recently dropped some sharp home truths onto our frail and sensitive Irish laps … concerning national competitiveness in the Global Economic Environment. It was like a breath of fresh air ! And … how right he was !!
Today, however, I want to focus on just one of his themes …
Quality Education + Quality Research & Development + Facilitating and Fostering Creativity & Innovation in Society
Since the 1990′s … we have had to listen to endless amounts of bullshit and hot air … until we are blue in the face … about the Information Society, the Knowledge Society, the Smart Society, the Green Society [what is 'Green' anyway ?], etc., etc., etc … and the biggest anti-climax of them all … the European Union’s Lisbon Strategy … boring, boring, boring !!!!
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When you hit the bottom of the barrel, there is only one place to look … and that’s up … with an engaged mind feverishly picturing what’s around outside ! So … for one wild moment, let’s join together some nice ideas …
Could Sustainable Cities be that essential driving force which forges a ‘Creative’ Society ???
What is the Sustainable Urban Environment (City) ? A geographical region, with open and flexible boundaries, consisting of:
- An interwoven, densely constructed core (built environment) ;
- A large resident population of more than 500,000 people (social environment) ;
- A supporting hinterland of lands, waters and other natural resources (cultivated or ‘wrought’ landscape) ;
And together functioning as …
- A complex living system (analogous to, yet different from, other living systems such as ecosystems and organisms) ; and
- A synergetic community capable of providing a high level of individual welfare and social wellbeing for all of its inhabitants.
Our Ultimate Goal must be to achieve a dynamic and harmonious balance between a sustainable ‘human’ environment and a flourishing, not just a surviving, ‘natural’ environment … with the Overall Aim of achieving social wellbeing for all.
Sustainable Design Solutions must be appropriate to local geography, climate and future climate changes, economy, culture, social need and language(s)/dialect(s).
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Supporting Definitions
Human Environment: Anywhere there is, or has been, an intrusion by a human being in the ‘natural’ environment.
Built Environment: Anywhere there is, or has been, a man-made or wrought (worked) intervention by humans in the ‘natural’ environment, e.g. cities, towns, villages, rural settlements, services, transport systems, roads, bridges, tunnels, and cultivated lands, lakes, rivers, coasts, and seas, etc … including the ‘virtual’ environment.
Social Environment: The complex network of real and virtual human interaction – at a communal or larger group level – which operates for reasons of tradition, culture, business, pleasure, information exchange, institutional organization, legal procedure, governance, human betterment, social progress and spiritual enlightenment, etc.
The ‘social’ environment shapes, binds together, and directs the future development of, the ‘built’ (including ‘virtual’) environment.
Economic Environment: The intricate web of real and virtual human commercial activity – operating at micro and macro-economic levels – which facilitates, supports, but sometimes hampers or disrupts, human interaction in the ‘social’ environment.
Virtual Environment: A designed environment, electronically-generated from within the ‘built’ environment, which may have the appearance, form, functionality and impact – to the person perceiving and actually experiencing it – of a real, imagined and/or utopian world.
Human Health: A state of complete physical, mental and social wellbeing, and not merely the absence of disease or infirmity. (World Health Organization)
Individual Welfare: A person’s general feeling of health, happiness and fulfilment.
Social Wellbeing: A general condition – in a community, society or culture – of health, happiness, creativity, responsible fulfilment, and sustainable development.
Sustainable Human & Social Development: Development which meets the responsible needs, i.e. the Human & Social Rights*, of this generation – without stealing the life and living resources from future generations, especially our children … and their children.
*As defined, in International Law, by the 1948 Universal Declaration of Human Rights (UN OHCHR).
Sustainable Design*: The ethical design response, in built or wrought form, to the concept of Sustainable Human and Social Development.
*Includes Spatial Planning, Architectural / Engineering / Interior / Industrial Design and e-Design, etc.
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Sustainable Buildings – Design Agenda for the 21st Century ?
2009-05-06: From the late 1980′s and the beginning of the 1990′s in European Union (EU) Research Programmes, it was noticeable that the more pressing early concerns about Energy-efficiency – logical after the oil crises of the 1970′s – were beginning to merge with those of Environment-friendliness, i.e. protection of the environment. Even at that time, however, faint background references to Sustainability were becoming more common.
In 1995, therefore, Sustainable Design International developed and introduced the acronym ‘SEED’ … which stands for Sustainable, Environment-friendly, Energy-efficient Development … as a practical control, or check, on our own work output.
The next break-through came a few years later. I briefly discussed the wide conceptual basis for our Corporate Design Philosophy in the post: ‘Sustainable Human & Social Development ?’, dated 2009-03-31. This basis, while still continually evolving, is critical in terms of services provided, performance targets to be achieved, methods of working and relationships with client organizations, builders, craftsmen/women, manufacturers, etc.
This should explain the futility, in our humble view, of the ‘Green’ Agenda (as distinct from the ‘Sustainability’ Agenda) … and approaches based solely on Environmental Aspects of Sustainable Development. They are a complete waste of time and resources.
Now in 2009, we remain fully convinced that Sustainable Design Solutions are appropriate to local geography, social need, climate, economy and culture … and are ‘person-centred’ and ‘reliability-based’.
Forget the images of mud housing and reading by candle light … the Future of our Built Environment is High-Tech, Smart … and Sustainable ! Let there be no doubt !!
Why not begin, so, by looking at a Simple Building Type … Sustainable Housing ?
With all of the current hype and fuss about German ‘Passiv’ Houses and Austrian High-Tech Timber Framed Construction … we have been in contact with a number of manufacturers in this region of Central Europe. After many meetings and detailed discussions, we are disappointed … broken hearted !
Below follows our shopping list for the practical, commercial and affordable application, i.e. non-research, of Advanced Systems of Construction (small/medium/large scale projects – new-build and existing projects).
N.B. Current Irish legal requirements and local authority technical control procedures are entirely inadequate.
Is anybody out there listening ???
To meet the urgency of Climate Change Adaptation and the challenge of Reliable Sustainability Implementation … a ‘SEED’ Building in Ireland must reach these performance targets:
- be set in Sustainable Landscaping (where appropriate) with Life Cycle Sustainable Drainage … and exhibit a considered, harmonious relationship between the building’s ‘interior’ environment and the ‘exterior’ built and social environments ;
- have a Minimum Building Life Cycle of 100 Years ;
- be Smart/Intelligent, Electronically Mature and facilitate Remote Building Management ;
- be properly shown to be Fit for Intended Use (in the Location of Use) … by CE Marking, using European Standards/Norms & European Technical Approvals (refer to Part D of the Irish Building Regulations and similar requirements in other European national building codes, European Union Safety at Work and Product Liability Legislation) ;
- be Super Energy-Efficient, with negligible thermal bridging and accidental air seepage … and promote and encourage, by design, Energy Conservation ;
- have a substantial component of Renewable Energy & Heat Technologies … sufficient to return a multiple of the building’s energy consumption to an Intelligent Regional or District Grid … and also incorporate Recycling, Rainwater Re-Use and Waste Management Technologies ;
- offer a high level of Indoor Air Quality, including proper protection from Natural Radon ;
- be Flexible and Adaptable with regard to internal layout, and Accessible for People with Activity Limitations (2001 WHO ICF) – in order to prolong Building Life Cycle and maximize Building Usability ;
- contain, as standard and for reasons of safety, a Domestic Sprinkler System and a remotely monitored Fire Detection System … plus a Carbon Monoxide (CO) Detection System, with a detection unit in the vicinity of each fuel burning appliance ;
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- be Competently Built and Reliably Completed to project programme and cost estimate … with the building’s ‘Real’ Performance-in-Use capable of being tested, and continually monitored, over the complete building life cycle ;
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- be simple and straightforward for Building Users/Occupiers to operate.
Principal Areas of Inadequate Performance …
1. Showing Fitness for Intended Use. Although a Single European Market for the Construction Sector exists on paper (not yet in reality) … this requirement is not well understood by manufacturers … particularly in Germany and Austria, where outdated national approaches to building product/system approval still take precedence over anything at European level.
2. Domestic Sprinkler Systems. There is a high level of resistance, among most manufacturers, to the installation of these systems. Not acceptable !!
3. Accessibility of Buildings for People with Activity Limitations. Not well understood by manufacturers and building organizations (at all levels). Although there is a lot of legislation in Europe covering this particular issue … it is routinely disregarded and/or very poorly implemented. In Germany and Austria, for example, the long outdated term ‘barrier-free design’ is still in common use. Can you believe that ?
4. Radon Protection of Buildings. Not considered important in Germany and Austria … so manufacturers just don’t bother.
5. Fabric Thermal Performance. Where building systems are ‘adapted’ for use in Ireland, I have seen thermal performance, as originally designed in Germany/Austria, seriously compromised by the installation of meter boxes and permanent ventilation openings in external walls. Just the tip of the iceberg !
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END
Abu Dhabi as ‘Sustainable City’ – A New Language Required ?
Recent international attention has been drawn, in a morbid sort of way, to the current economic condition of two contrasting cities in the United Arab Emirates (UAE) – Abu Dhabi and Dubayy (Dubai).
In the month of October, 2008, I was very pleased to travel to both of these cities for the first time … with the purpose of introducing the subject of Sustainable Fire Engineering at a Building Seminar in the World Trade Centre, Dubayy. My host was, and is more so now, convinced that this innovative approach to fire engineering offers a key to future commercial success in the Gulf Region.
Before making my presentation, however, I had spent some essential days wandering around Abu Dhabi … soaking up the local atmosphere and culture.
Arriving later in Dubayy, I was ‘shocked and stunned’ – a vivid Dublin expression - to see that Billions of Dirhams (the local currency) had been spent on re-creating the Nightmare that is the 20th Century American City … where, if you want to just scratch your nose, you must get into your car – or one of them at least – to do so.
It was tragic to see how the local authorities were trying to ‘shoehorn’ an Urban Rail System into the existing City Fabric … ducking, and weaving in and out, between road overpasses and spaghetti junctions which had only been built in the last 10 years.
Sightings of UMO’s (Unidentified Moving Objects) … pedestrians and cyclists … are extremely rare ! The local summer, by the way, is the only season when it is definitely unhealthy to engage in either activity … temperatures can regularly reach into the low 50s oC.
People are much smarter in Abu Dhabi – so I was told. They have seen the mistakes which have been made up the road, and they are determined to take a different path with their future development.
“How long will it take to transform and re-shape Abu Dhabi into a Sustainable City ?”, I was asked.
In order to answer that question, a new language is required. Let me introduce you to some of its Technical Terms … which, even after many years of sweat and toil in SDI, are still being regularly reviewed, revised and updated:
Human Environment …
Anywhere there is, or has been, an intrusion by a human being in the natural environment.
The Human Environment comprises, and must be taken together as a unified, complex whole:
Social Environment …
The complex network of real and virtual human interaction – at a communal or larger group level – which operates for reasons of tradition, culture, business, pleasure, information exchange, institutional organization, legal procedure, governance, human betterment, social progress and spiritual enlightenment, etc.
The Social Environment shapes, binds together, and directs the future development of, the Built (including Virtual) Environment.
Built Environment …
Anywhere there is, or has been, a man-made or wrought (worked) intervention by humans in the natural environment, e.g. cities, towns, villages, rural settlements, services, transport systems, roads, bridges, tunnels, and cultivated lands, lakes, rivers, coasts, seas, etc.
Virtual Environment …
A designed environment, electronically-generated from within the Built Environment, which may have the appearance, form, functionality and impact – to the person perceiving and actually experiencing it – of a real, imagined and/or utopian world.
Long before the present seismic upheavals and sordid revelations … the intuition of many people around the world had been informed that ‘economics’ inhabited its own closed environment … and operated to entirely different ‘rules’ from the rest of us – mere peasants – which are anything but open and transparent. The ‘actors’ in this Economic Environment are not accountable. Well … not yet, anyway !
Economic Environment …
The intricate web of real and virtual human commercial activity – operating at micro and macro-economic levels – which facilitates, supports, but sometimes hampers or disrupts, human interaction in the Social Environment.
And, still under development … the Institutional Environment.
Social Wellbeing …
A general condition – in a community, society or culture – of health, happiness, creativity, responsible fulfilment, and sustainable development.
Individual Welfare …
A person’s general feeling of health, happiness and fulfilment.
And finally for now:
The City …
A geographical region, with open and flexible boundaries, consisting of:
(a) An interwoven, densely constructed core (built environment) ;
(b) A large resident population of more than 500,000 people (social environment) ;
(c) A supporting hinterland of lands, waters and other natural resources (cultivated landscape) ;
together functioning as …
(i) a complex living system (analogous to, yet different from, other living systems such as ecosystems and organisms) ; and
(ii) a synergetic community capable of providing a high level of individual welfare and social wellbeing for all of its inhabitants.
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