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Feminism: Sex and gender discussions

Undue Influence and Unconscionability

8 replies

womanformallyknownaswoman · 09/06/2018 11:13

With all the recent examples of organisations failing in their safeguarding duty of care towards women and children, I am curious if this aspect of law is applicable - that of Undue Influence

From a mind control perspective, undue influence is the weapon of cults, cultic (abusive) relationships and corrupt organisations. It is at play where Cluster B dictator types aim to command and control people, whilst draining them of their assets - time, sex and money.

Undue influence is any act of persuasion that overcomes the free will and judgment of another person. People can be unduly influenced by deception, flattery, trickery, coercion, hypnosis, and other techniques. In addition to religious cults, there are psychotherapy cults, political cults, commercial cults, terrorist organizations, and trafficking rings. There are also personality cults, particularly if one person exerts undue influence overanother (or a small group of people, such as in a family).
There are groups which combine all or some of these elements, especially when the groupis large and has a variety of “fronts” or other entities.

It seems to me that social media, schools, charities e.g. girl guides/Oxfam/NSPCC etc, councils, sports bodies plus political parties, are being used as instruments to apply undue influence, either directly or by proxy, by abuse of the process of policy and legislative change. Thus it leaves refuges in a "horns of a dilemma" type scenario where they either become the last bastions to fight fundamentally unfair laws and hence will be taken to court, or will be forced to comply in the coercion and the bystander bullying by towing the line re compromising safeguards.

Unconscionability in English law is a field of contract law and the law of trusts, which precludes the enforcement of consent-based obligations unfairly exploiting the unequal power of the consenting parties. "Inequality of bargaining power" is another term used to express essentially the same idea for the same area of law, which can in turn be further broken down into cases on duress, undue influence and exploitation of weakness. In these cases, where someone's consent to a bargain was only procured through duress, out of undue influence or under severe external pressure that another person exploited, courts have felt it was unconscionable (i.e., contrary to good conscience) to enforce agreements.

I am curious if unconscionability and undue influence are grounds to challenge these organisations, as most are not transparent, nor seek consent, to opt in to their policy changes regarding redefinitions of sex. One could also argue that many of their users, who are subject to their services, are vulnerable and / or subject to exploitation, by the lack of appropriate application of the EA combined with the withholding of information, such that informed consent is impossible.

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KateSheppard · 09/06/2018 11:40

Interesting post, womanformallyknownaswoman

I, too, wonder if refuges will have to legally shelter themselves through other means, for example becoming a large number of individual, though affiliated, clubs.

I see that adherence to the Act can be avoided if a club has less than 25 members.

www.inbrief.co.uk/discrimination-law/private-clubs-and-associations/

I agree that we will need to be cunning about solutions, given there is a concerted effort from some sectors to destroy the refuge system.

LangCleg · 09/06/2018 12:01

One could also argue that many of their users, who are subject to their services, are vulnerable and / or subject to exploitation

I've been reading, for example, that some of the Allsorts guidance with regard to trans-identifying SEND children is already illegal. Your points would seem to add weight.

Ereshkigal · 09/06/2018 12:07

Really interesting points.

womanformallyknownaswoman · 09/06/2018 12:36

I've been reading, for example, that some of the Allsorts guidance with regard to trans-identifying SEND children is already illegal.

Oh that's disturbing and also confirming

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LangCleg · 09/06/2018 12:55

Oh that's disturbing and also confirming

Yes. It is something to do with (as usual) confidential disclosures and allowing (or rather, encouraging) a SEND child to partially socially transition at school without flagging up safeguarding to involve either the parents or multi-agency working.

womanformallyknownaswoman · 09/06/2018 13:01

It is something to do with (as usual) confidential disclosures and allowing (or rather, encouraging) a SEND child to partially socially transition at school without flagging up safeguarding to involve either the parents or multi-agency working.

How can that be allowed? It's scandalous. Main board perhaps?

I just don't see how schools etc can encourage and enable transition in SEND children, or any child for that matter, without reference to the parents and multi-agency. That would make them liable for child abuse surely and where are the rights of the parents to parent?

What a crazy mess ….

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thebewilderness · 09/06/2018 22:52

There are councils that are going to be red faced when they realize they let a cult rewrite their list of protected characteristics to erase sex protections as provided for under the 2010 EA.

womanformallyknownaswoman · 10/06/2018 08:45

There are councils that are going to be red faced when they realize they let a cult rewrite their list of protected characteristics to erase sex protections as provided for under the 2010 EA.

YY Spot on.

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