This collection is the first book to focus on the intersection of dance, disability, and the law. Bringing together a range of writers from different disciplines, it considers the question of how we value, validate, and speak about diversity in performance practice, with a specific focus on the experience of differently-abled dance artists within the changing world of the arts in the United Kingdom. Contributors address the legal frameworks that support or inhibit the work of disabled dancers and explore factors that affect their full participation, including those related to policy, arts funding, dance criticism, and audience reception.
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Sarah Whatley is professor of dance at Coventry University. Charlotte Waelde is professor of intellectual property law at Coventry University. Shawn Harmon is a deputy director at the Mason Institute. Abbe Brown is a reader at the University of Aberdeen. Karen Wood is a dance practitioner, researcher, and educator. Hetty Blades is a research fellow at Coventry University.
Preface Sita Popat, ix,
Introduction Sarah Whatley, Charlotte Waelde, Shawn Harmon, Abbe Brown, Karen Wood, Kate Marsh and Mathilde Pavis, 1,
Section I: Disability, Dance and Critical Frameworks, 11,
Chapter 1: Disabled Dance: Barriers to Proper Inclusion within Our Cultural Milieu Shawn Harmon, Charlotte Waelde and Sarah Whatley, 13,
Chapter 2: Cultural Heritage and the Unseen Community Fiona Macmillan, 47,
Chapter 3: An Analysis of Reporting and Monitoring in Relation to the United Nations Convention on the Rights of Persons with Disabilities, the Right to Participation in Cultural Life and Intellectual Property Catherine Easton, 61,
Chapter 4: A Dance of Difference: The Tripartite Model of Disability and the Cultural Heritage of Dance David Bolt and Heidi Mapley, 83,
Chapter 5: In a Different Light? Broadening the Bioethics Perspective through Dance Shawn Harmon, 99,
Section II: Disability, Dance and the Demands of a New Aesthetic, 127,
Chapter 6: A Wondering (in Three Parts) Luke Pell, 129,
Chapter 7: A New Foundation: Physical Integrity, Disabled Dance and Cultural Heritage Abbe Brown, Shawn Harmon, Kate Marsh, Mathilde Pavis, Charlotte Waelde, Sarah Whatley and Karen Wood, 137,
Chapter 8: Disability and Dance: The Disabled Sublime or Joyful Encounters? Janice Richardson, 161,
Chapter 9: Moving Towards a New Aesthetic: Dance and Disability Shawn Harmon, Kate Marsh, Sarah Whatley and Karen Wood, 177,
Chapter 10: What We Can Do with Choreography, and What Choreography Can Do with Us A conversation between Catherine Long and Nicola Conibere, 195,
Chapter 11: Dancing Identity: The Journey from Freak to Hero and Beyond Eimir McGrath, 213,
Chapter 12: Dance Disability and Aesthetics: A Changing Discourse Margaret Ames, 233,
Section III: Disability, Dance and Audience Engagement, 269,
Chapter 13: The (Disabled) Artist Is Present Claire Cunningham, 271,
Chapter 14: Disability, Disabled Dance Audiences and the Dilemma of Neuroaesthetic Approaches to Perception and Interpretation Bree Hadley, 293,
Chapter 15: Finding It When You Get There Adam Benjamin, 317,
Annex 1: Blog Postings, 377,
Annex 2: Policy Briefs, 381,
Notes on Contributors, 383,
Index, 391,
Disabled Dance: Barriers to Proper Inclusion within Our Cultural Milieu
Shawn Harmon, Charlotte Waelde and Sarah Whatley
Introduction
Culture has been described broadly as anything produced by humans, and not limited to tangible manifestations as exemplified by art, literature and architecture (UNESCO 1994). As we have demonstrated elsewhere (Harmon et al. 2014) dance is a part of our (or many) past and contemporary culture(s). Dance made and performed by 'differently abled' dancers, or dancers with disabilities, makes both difference and diversity, and impairment and disability visible in a way that no other art-form does. (For purposes of this chapter, we use the term 'disabled dance'.) A dancer with disabilities consciously places her body on show. She encourages a response from an audience to a body that is different not only from the socially constructed norm, but also from the hegemonic body of the traditionally trained dancer. This is not only courageous, it is necessary if we, as a society, wish to realise a more egalitarian, rights-based society that offers more than rhetorical support for the enjoyment of cultural and equality rights.
In this chapter, we consider both the evolving place of disabled dance in the contemporary UK arts scene, and the legal frameworks that would support inclusion within our cultural ecosystem (if they were better operationalised). First, we outline the research methodologies that support the InVisible Difference: Dance, Disability and Law project (InVisible Difference). Second, we highlight the prevailing arts funding scene within which disabled dance is practiced. We argue that the failure of a critical group (i.e. gatekeepers) to positively engage with disabled dance throws power onto another arguably ancillary group: audiences. Thus, third, we consider audience comprehension and appreciation of disabled dance, drawing on empirical evidence generated by InVisible Difference. We argue that audience illiteracy threatens the recognition and future of disabled dance as a protected element of our 'cultural heritage'. Fourth, we consider what the law, specifically human rights law, says about the recognition and support of disabled dance. Given the shortcomings that we expose, we conclude with some suggestions for legal and policy reform.
The InVisible Difference Project
As is noted in the introduction to this collection, InVisible Difference is an AHRC-funded empirical research project that seeks to extend thinking and alter practice around the making, status, ownership and value of work by contemporary dance choreographers and dancers, with an emphasis on the experience of 'differently abled' choreographers and dancers. InVisible Difference accepts that to critically interrogate complex social and ethical problems, it is most effective to do so at the intersection of disciplines and practices. Thus, it explores questions at the nexus of dance, disability and law drawing on dance and law scholars and practitioners, with intellectual property, human rights and medical law all represented. Some of the questions being asked are:
• What is 'normal'?
• Is the disabled dancing body more exposed to public consumption than the nondisabled body, and what are the personal and professional repercussions of this?
• To what extent are the needs of the differently abled (dancer) met by different legal and regulatory frameworks?
In undertaking its work, InVisible Difference relies on multiple methodologies, including: (1) literature reviews from a range of disciplines; (2) content analysis of governing instruments and social media narratives generated in response to performances; (3) interactive workshops with a growing network of individuals who are interested in dance and disabled dance; (4) micro-ethnographies of differently abled dancers making dance in the studio and transitioning that dance to the stage; and (5) semi-structured qualitative interviews with dance artists.
A Challenging Arts Scene
First, we acknowledge that support for Disability Arts has been growing, but that support has been and continues to be sporadic and uneven. Domestically, Scotland serves as a largely positive example (Patrick and Bowditch 2013). Beginning in 2004, the then Artistic Director of Scottish Dance Theatre, Janet Smith, embarked on a strategy to include disabled dancers in the work of that theatre. Around the same time the Scottish Arts Council (now Creative Scotland) employed an Equalities Officer who focused on arts and disability. Since then it has earmarked funds for disabled performers, created a 4-year post of Dance Agent for Change (Verrent 2010), and embedded equality into all programmes (Creative Scotland 2010-11). Scotland's leadership in this area was acknowledged in 2013 when the British Council undertook a mission to Scotland to learn more about its approaches to equality in the performing arts.
England, by contrast, serves more as a more cautionary example....
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