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1
McVey, Julie. "The experiences of healthcare staff in using the Mental Capacity Act (2005) when working with people with a learning disability." Thesis, University of Liverpool, 2013. http://livrepository.liverpool.ac.uk/10673/.
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The Mental Capacity Act (2005) (MCA) is part of the legislative framework of the NHS. Small scale studies in a range of health settings have shown that the understanding and use of the MCA (2005) varies considerably in different services and across staff of differing occupations and grades. The experiences of individual staff in using the MCA has received little attention. This grounded theory study aimed to explain how staff working with people with a learning disability (PWLD) make sense of and use the MCA, whilst also exploring the factors that influence applying the MCA in clinical practice. This study involved 11 healthcare staff from a specialist learning disability service that had used the MCA in the six months prior to their participation in the research. Staff interviews provided narratives about how they had used the MCA. A theoretical framework was developed from the analysis which underpinned three core conceptual categories. The first core category was that of ‘professional risk’ in which staff have awareness of a series of risks that pertain to themselves or the service user that could have negative professional or legal consequences. The second core category described ‘emotional risk’, which affected both the staff and service user. Staff appeared to experience those risks as feelings in the form of anxiety or concern. Both ‘professional risk’ and ‘emotional risk’ bring about ‘strategies’ which mediate the risk; allowing staff to justify and document their position, creating what feels like safe practice for both the staff and service user. Factors which facilitate the use of the Act are concerned not only with these risks but the significance of the decision that the service user has to make. The findings suggest that there is much uncertainty in the process of using the Act, some of which is due to the subjective nature of evidence gathering. The study suggests that peer support offers a range of factors important to education and development of experience in using the Act, along with helping staff cope with the outcome of decision making. The findings have clinical implications for those involved in managing difficult assessments and decision making, including how to gain an appropriate balance between risk and human rights against a backdrop of adversity that can be present for people with a learning disability. Further implications clinically and for future research, along with limitations of the study are also discussed.
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Field, Barbara. "Intellectual Disability and Society." Thesis, The University of Sydney, 2012. http://hdl.handle.net/2123/9390.
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The aim of this thesis is to outline the story of intellectual disability from a medical perspective as experienced by the author during more than 40 years working in the NSW Health system. Most of the writing over the last 30 years is from a sociological perspective after the idea of normalization changed the philosophy of care, and medical perspectives have been largely absent. The first chapter provides an introduction and historical background to the concept of intellectual disability. The story over the centuries is one of parallels and conflicts in the medical and sociological discourses. The second chapter examines the representation of intellectual disability both in the symbolic sense in art, literature and film, and the political sense as advocacy and human rights and the effect of the social rights discourse on processes of inclusion and exclusion. The third chapter is an account of the history of intellectual disability in NSW, Australia since colonization, and the impact of the social rights movement on changes of policy and provision of services. The conclusion looks at the future and the structure of the Ideal Society. The thread, which runs throughout these aspects of intellectual disability and unites the themes, is that of changing discourses. New discourses emerge as others are silenced and the same discourse can also have different meanings at different times in history. The ideas were presented as papers at international meetings of the International Association for the Scientific Study of Intellectual Disability (IASSID): Foucault’s Power Knowledge Model applied to Genetic Screening. (Helsinki 1996); Intellectual Disability in Literature and Film. (Seattle 2000); Prejudice and Identity in Intellectual Disability. (Montpellier 2004);Intellectual Disability in Literature and Film was presented at Health Illness and Representation, The Association for Medical Humanities UK meeting (London 2006).
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Wotton, Rachel Ann. "Sex workers who provide services to clients with disability in New South Wales, Australia." Thesis, The University of Sydney, 2016. http://hdl.handle.net/2123/16875.
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Aims: Sexuality and sexual needs/desires of people with disability have historically been overlooked amongst the general public. Long standing social attitudes and stereotypes have fundamentally dictated that people with disabilities cannot and should not express their sexual agency. In particular, when people with disability have sought to express their sexual needs via the services of a sex worker, this has tended to provoke much social and political ire. This research is an exploratory study about sex workers who provide services to clients with disability. The aim of this research is to identify the nature and extent of such activities to produce empirical data to support anecdotal evidence and recent emerging research in this field. Method: This exploratory online survey asked sex workers who worked in New South Wales (NSW) to share their experiences of providing services to clients with disability. This included the frequency, type and range of services provided, location of service delivery and how clients made contact. Questions were asked regarding third party assistance and the identification of any barriers or challenges faced by sex workers. The survey also encouraged sex workers to share personal reflections on what they thought were the most positive aspects of their work. Results: The findings, from 65 respondents, indicate that sex workers in NSW have provided a wide range of sexual services to clients with disability across the state. The sex workers’ ages ranged from 21 to 61 years, identifying as either female, male or transgender. Services were provided in varied locations including brothels, massage parlours, private homes, hotels, nursing homes, the client’s hospital room or their client’s group home/ supported accommodation. Their clients’ disabilities were quite expansive, spanned both physical and cognitive disabilities and acquired and congenital disabilities. A number of issues and barriers were identified that concerned the client, carers, support staff and / or family and friends of the client. Forty seven sex workers shared their personal perspectives of what they considered the most positive aspects in providing services to clients with disability. Conclusions: The respondents’ narratives revealed their professional enthusiasm with interacting with clients with disability. This includes a desire to have further training and support to alleviate barriers and challenging situations that impede clear communication and supportive pathways between themselves and their clients. These results also contribute to an awareness of how decriminalisation can provide a supportive environment for this to occur. This study builds upon an expanding body of work that can be used to educate and influence the future development of training and awareness workshops for sex workers, disability services provider, clients with a disability, academics, policy makers and the general public.
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Hamilton, Arthur. "India and Intellectual Disability: An Intersectional Comparison of Disability Rights Law and Real Needs." Thesis, Université d'Ottawa / University of Ottawa, 2020. http://hdl.handle.net/10393/40282.
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Given its vast population, India has one of the highest absolute numbers of people with intellectual disability (PwIDs) in the world. Studies have placed the prevalence as high as 3.1% of children aged between 2 to 5 years and 5.2% of children aged between 6 to 9 years. India recently passed the Rights of Persons with Disabilities Act, 2016 (RPwD Act), to align itself with the United Nations Convention on the Rights of Persons with Disabilities. This thesis applied the complementary methods of the review of academic and grey literature, document analysis of the RPwD Act, and in-depth informant interviews to become the first full study on the extent to which the RPwD Act meets the needs of PwIDs. Drawing on the biopsychosocial model of disability and intersectional theory, the findings show that the RPwD Act only partially meets the needs of PwIDs. The RPwD Act does incorporate progressive elements such as affirmative action provisions in the labour market, measures to prevent unethical research on PwIDs, and steps toward inclusive education. However, the Act stipulates a disability certification process that remains mired in the medical model of disability and is mostly inaccessible in rural areas. It also continues the system of legal guardianship dating to the colonial era which deprives many PwIDs of legal capacity and leaves some of them confined to long-term institutions with highly inadequate levels of care. Other problems in the Act include inadequate provisions to provide privacy, reproductive rights and education, and protection from discrimination.
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Boahen, Godfred Fordjour. "Ethnicity, learning disability, and the Mental Capacity Act 2005 : a social constructionist ethnography of an integrated learning disability service." Thesis, Open University, 2013. http://oro.open.ac.uk/54718/.
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This thesis explores how the Mental Capacity Act 2005 (MCA) is operationalised within an integrated statutory learning disability service and examines how the legislation is manifested in everyday lived experience of an ethnic minority. In England and Wales, the MCA established a framework for assessing cognitive decision-making ability with mental capacity conceptualised as 'objective', 'rational' and person-specific. Taking as points of departure rationality and individualism which are associated with Western liberal democracy, the MCA evokes interest in how the notion of mental capacity is understood within different cultures. In the statutory context, with on-going heated debates about the epistemology of mental capacity, there is the need to examine how professionals concretise an arguably nebulous concept in their roles. These aforementioned issues are addressed in this thesis through examination of data collected during two phases of ethnographic fieldwork in a London local authority. Proposing a new relational model as a theoretical approach, it is argued that ethnicity, learning disability, and mental capacity emanate from human interactions; therefore, greater attention should be paid to context and localised meanings to better understand how they interact in everyday living.
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Blomqvist, Sven. "Postural balance, physical activity and capacity among young people with intellectual disability." Doctoral thesis, Umeå universitet, Sjukgymnastik, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-71227.
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The overall aim of this thesis was to investigate postural balance, physical activity, physical capacity and their associations in young people (16-20 years) with intellectual disability (ID), mild to moderate. The aim was also to study the reliability and concurrent validity of postural balance tests. To evaluate postural balance, one assessor used five common postural balance tests and one new test. The tests were performed twice for 89 young people with ID (one to twelve days apart). Intraclass correlation coefficients greater than 0.80 were achieved for four of the common balance tests: Extended Timed Up and Go Test (ETUGT), Modified Forward Reach Test (MFRT), One-Leg Stance Test (OLS), and a Force Platform Test (FPT). The smallest real difference ranged from 12% to 40%; less than 20% is considered to be low. For the six balance tests, the concurrent validity varied between none to low. Falls are more common for young people with ID compared to young people without ID. One reason could be impaired postural balance. The postural balance for young people with ID has not been thoroughly investigated. Therefore, five balance tests and three muscle strength tests were used to compare young people with ID with an age-matched control group without ID (n=255). The young people with ID had significantly lower scores on most of the postural balance tests and muscle strength tests of the trunk and lower limbs. Muscle strength, height, and body mass index had no strong association with postural balance. The results also illustrated that young people with ID did not rely more on vision for their balance ability compared to peers without ID. It seems that postural balance is impaired for young people with ID when evaluated with common tests. An everyday situation is to react to unexpected balance disturbances to avoid falls by using different postural responses. Since young people with ID seem to fall more often than peers without ID, it is valuable to investigate if those postural responses are different between the groups. Therefore, young people with and without ID (n=99) were exposed to six backward surface translations and several postural muscle responses were evaluated: muscle synergies and strategies, muscle onset latency, time-to-peak amplitude, and adaptation. The responses of the investigated muscles – the gastrocnemius, the biceps femoris, and the erector spinae L4 level – were measured using electromyography. The results showed that there were no differences between the two groups with respect to synergies or strategies, muscle onset latency, and time-to-peak amplitude. An overall pattern was seen, that young people with ID adapted their muscle response slower in all three muscles than peers without ID, but this pattern was not statistically significant. Studies have shown that people with ID have impaired postural balance, a lower level of physical activity, and lower aerobic capacity compared to people without ID. The association is however not investigated. Therefore, postural balance (postural sway indirectly measured with the subjects standing on a force platform), physical activity (measured with a pedometer), and aerobic capacity (measured with a sub-maximal ergometer cycle test) were used to assess young people with and without ID (n=106). To investigate the subjects’ view of their own health, the subjects completed an adapted questionnaire that addressed their perceived health. The analysis showed no significant associations between postural balance, level of physical activity, and aerobic capacity. The subjects in the ID group, both men and women, had significantly lower aerobic capacity compared to subjects without ID. The answers from the health questionnaire did not correspond to the measured outcomes from the physical tests for young people with ID. In conclusion, ETUGT and MFRT can be used to evaluate change in postural balance over time in young people with mild to moderate ID. The low concurrent validity suggests that the postural balance tests probably challenge various subsystems. Young people with ID have impaired postural balance and perform lower on muscle strength tests than age-matched controls. Postural muscle responses after external perturbations seem to be similar for young people with and without ID, but the ability to adapt muscle responses after repeated perturbations appears to be slower for young people with ID. The studies in the thesis also indicate that young people with ID have reduced level of physical activity and lower aerobic capacity. The lack of association between the different physical functions indicates that they should be evaluated and exercised separately. Young persons with ID might have more difficulty realising the health advantage of being physically active, as they do not seem to make this connection. Because of this, it is important that parents/guardians, school staff, physiotherapists, and others encourage them to participate in physical activity.
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Read, Natalie. "Exploring constructs of capacity in learning disability contexts : power, protection and institutional practices." Thesis, University of East London, 2016. http://roar.uel.ac.uk/5398/.
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The Mental Capacity Act (2005) is a legislative framework designed to promote autonomy and support those who may struggle to make decisions for themselves. Previous research suggests that the implementation of the Mental Capacity Act raises a number of challenges for professionals (McVey, 2013; Walji, Fletcher & Weatherhead, 2014) and that applying the Act in learning disability settings may be particularly complex (Brown & Marchant, 2013). The concepts of ‘capacity’ and ‘learning disability’ draw on knowledge across legal, philosophical and psychiatric discourses, which may imply different practices for professionals. Semi-structured interviews were completed with eight professionals working in adult community learning disability services. A Foucauldian approach to discourse analysis was used to examine how capacity was constructed in professionals’ accounts of their experiences implementing the Mental Capacity Act. The discourses and subject positions available to professionals and people with learning disabilities were considered. Analysis of professionals’ accounts suggested that ‘legal’ and ‘rights’ discourses of capacity were oriented to. Knowledge of capacity was constructed as being limited to professionals, with families and service users often in need of further information on the Mental Capacity Act. ‘Legal’ and ‘rights’ discourses enabled multiple subject positions for professionals and people with learning disabilities. These positions allowed for both restrictive and empowering practices. Promoting subject positions of ‘personhood’ appeared to allow for alternative understandings of capacity, in which decision-making is an interdependent rather than independent process. This study suggests that capacity assessments are sites of tension between multiple discourses. Co-constructing meanings of capacity within services and across disciplines may allow for the development of best practice, and facilitate supported decision-making practices with people with learning disabilities.
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Goldsmith, Lesley. "Informed consent for pharmacogenomic testing in people with a learning disability." Thesis, University of Plymouth, 2011. http://hdl.handle.net/10026.1/316.
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Informed consent for pharmacogenomic testing in people with a learning disability Background Advances in genomic healthcare will enable medication to be tailored to each individual’s needs, based on subtle genetic variations. This will result in individuals being asked to consent to genetic testing for this purpose. The recent political agenda for social change has emphasised the right of people with learning disabilities to have more autonomy and make their own decisions. There have also been significant changes in the way healthcare practitioners relate to their patients, with a shift away from paternalism towards shared decision-making. Research Aim The aims of the study were (1) to explore the information needs of people with mild to moderate learning disabilities with respect to pharmacogenomic tests and (2) to identify ways of facilitating informed consent. Methods An integrative literature review was conducted to identify research on informed consent to healthcare interventions in people with learning disabilities (Phase 1). Subsequent phases (Phases 2-4) of the study were conducted using an ethnographic approach. Phase 2 involved observation of six participants with learning disabilities undergoing a routine blood test consultation in general practice. This was followed by Phase 3, in which semi-structured interviews with 14 participants with learning disabilities were conducted. In Phase 4, three different methods were used: focus groups with carers (four paid carers, five family carers), an on-line bulletin board for healthcare professionals (five participants) and interviews with six key informants from the field of learning disability. Findings The data showed consent procedures were often inadequate and there was inconsistent knowledge of mental capacity law amongst health professionals. Provision of information to patients prior to a blood test was variable, but interviews with people with learning disabilities revealed the fact that this information may not be wanted by them. People with learning disabilities viewed pharmacogenomic tests as similar to other blood tests and would want access to them. The attitudes of paid carers and family carers differed in terms of decision-making opportunities for people with learning disabilities. Conclusions Healthcare practitioners, carers and people with learning disability need to be familiar with the principles of the Mental Capacity Act to facilitate valid consent in the healthcare context. Healthcare practitioners also need to be made aware of developments in pharmacogenomics if it is to become part of routine health care. Finally, this study demonstrated the value of qualitative research in exploring the knowledge and attitudes of people with learning disability.
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Bollington, Lynne Carol. "Pharmacy education and training in the hospital service in Wales : identifying demand and development capacity." Thesis, Cardiff University, 2010. http://orca.cf.ac.uk/55505/.
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This study was initiated because of concerns that NHS hospital pharmacy departments in Wales had insufficient training capacity to deal with a predicted increase in training demand. The first aim was to develop an understanding of the need for the research, the second aim was to estimate training workload and capacity for work-based pharmacy training. The research then focussed on preregistration pharmacist training and first aimed to explore reasons for variations in training workload and then aimed to develop recommendations for practice that would optimise training capacity. Interviews obtained stakeholder opinion about the need for the study; a questionnaire obtained estimates of training workload and capacity; case studies were used to explore preregistration pharmacist training practices and a survey was used to develop strategies and recommendations for practice. Interviews and a group discussion were used to achieve a consensus about the adoption of the recommendations. All seventeen NHS hospital pharmacy training sites in Wales were included in the study. The study resulted in the development of twelve recommendations which were contained within three strategies aimed at optimising training capacity. The strategies were: ensure preregistration trainee pharmacists have appropriate levels of responsibility; ensure that the content and level of preregistration pharmacist training is appropriate; and ensure that effective use is made of existing training resource. If NHS hospitals in Wales implemented the recommendations for preregistration pharmacist training practices identified in this study, training workload should then be reduced and/or training quality maintained or improved which would lessen the impact of an increase in training demand on services.
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Johnsson, Genevieve Catherine. "Technology Delivered Disability Training and Support for Service Providers in Regional and Remote New South Wales." Thesis, The University of Sydney, 2019. http://hdl.handle.net/2123/20489.
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The rollout of individualised disability funding in Australia will result in an increased demand for services for Australians with a disability. Growing and maintaining a skilled workforce will be vital in keeping up with the increased demand for disability-related support. Continuing professional development is one way to build capacity, however face-to-face opportunities can be limited in more remote areas in Australia. Technology may provide a low-cost and widely-accessible platform for training and supporting rural and remote staff. The studies in this thesis are a realist evaluation of a novel webinar training and individual online support program to upskill a diverse range of participants including allied health, education and community support staff. Surveys and interviews were conducted to investigate what is it about the program works, for whom, and in which conditions. We found a statistically significant increase in perceived skills and knowledge, and confidence in working with children with autism from pre- to post-program, and this increase was positively related to the number of webinars the participants accessed. The mode of webinar access was predominantly via asynchronous learning (watching recording of webinars). These results were consistent across job roles and levels of remoteness. Synchronous learning via individual sessions was accessed by a small number of participants, mostly allied health professionals. Increased collaboration and access to autism-specific support were reported benefits of participating in the training program, while barriers for engagement included work load and scheduling. Occupational stress was found to be within normal limits across the sample and duration of the program. The technology platform was found to be accessible and acceptable. The results indicate that online technology may provide professionals in geographically isolated areas with improved access to learning and support that increases their skills.
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Ravindran, Subahari. "A critical comparison of the similarities and differences in the conceptualisation of disability between Indigenous people in Australia and New South Wales disability service agencies." Thesis, Discipline of Occupational Therapy, 2016. http://hdl.handle.net/2123/14210.
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This thesis critically compares the conceptualisation of disability in the public discourse between Indigenous people and New South Wales (NSW) government and non-government disability service agencies. This study explores intersections of the conceptualisations of disability at the Cultural Interface using the Occupational Justice Framework (Gilroy, 2009; Durocher, Gibson and Rappolt, 2014). This thesis consists of two sections. Section 1: Literature Review Section 2: Journal manuscript The first section of this thesis is the literature review. The literature review examines the low participation rate of indigenous people in disability services and the need for culturally appropriate disability services for Indigenous people. In order to ensure culturally appropriate services are provided for Indigenous people, the Western and Indigenous perspectives of disability need to be understood and each are discussed in turn in the literature review. The review initially discusses the Western conceptualisation of disability, followed by the Indigenous conceptualisation of disability. The review also explores how both Indigenous and Western perspectives on disability influence each other. The developments in disability conceptualisation throughout history are also discussed, followed by the current literature that led to the development of this study. The second section of this thesis is a journal manuscript. The journal manuscript explores the intersections and tensions between Indigenous people and NSW government and non- government disability service agencies regarding the conceptualisation of disability. The journal manuscript also examines the outcomes and implications of the findings.
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Laikind, Lawrence A. "The Application of Article 12 of the Convention on the Rights of Persons with Disabilities(CRPD) to decisions of Australian tribunals and court administering guardianship legislation." Thesis, Queensland University of Technology, 2016. https://eprints.qut.edu.au/101500/1/Lawrence_Laikind_Thesis.pdf.
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This thesis examines compliance of decisions by Australian tribunals and courts administering guardianship legislation with the requirement of Article 12 of the Convention on the Rights of Persons with Disabilities that all adults have the right to universal legal capacity. Over 300 publically available guardianship tribunal and court decisions involving residential accommodation were examined from NSW, Queensland and Victoria. The cases reviewed were from the period between Australia’s ratification of the Convention in 2008 and July 2015. There was variable compliance with the Convention across the States. The principles in the guardianship legislation were more important than the Convention, and ‘best interests’ principles took priority over autonomy-based principles consistent with the Convention.
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Hill, Martin Roland. "The Momcilovic Question: Does the Rule of Law Limit the Capacity of the New South Wales Legislature?" Thesis, The University of Sydney, 2017. http://hdl.handle.net/2123/18078.
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This thesis seeks to ascertain whether the rule of law limits the legislative power of State legislatures (a question posted in «em»Momcilovic v The Queen«/em» (2011) 245 CLR 1). It argues that the rule of law, understood as a legal principle, is not presently recognised as a constraint on the capacity of the New South Wales Legislature. It further argues that it is unlikely that the rule of law will be recognised as such a constraint.«br /» «br /» This thesis starts with consideration of the concept of the rule of law. It surveys conceptions of the rule of law that have informed Australian jurists and conceptions advanced by those jurists. It does so to show how theoretical conceptions have informed judicial consideration of the rule of law. It also surveys the aspects and requirements of the rule of law that have been recognised by the High Court of Australia. It demonstrates that those aspects correspond to the theoretical conceptions. It also distinguishes those aspects and requirements connected to legality from other identified aspects and requirements.«br /» «br /» This thesis then shows that the rule of law has not been recognised as a constraint on the power conferred on the New South Wales Legislature by the «em»Constitution Act 1902«/em» (NSW). It examines the constraints imposed by the «em»Constitution Act 1902«/em» and the «em»Commonwealth of Australia Constitution«/em».«br /» «br /» In light of the conclusion that the rule of law is not a recognised constraint, this thesis assesses whether the rule of law might be recognised as such a constraint. It evaluates the possibility that the «em»Commonwealth Constitution«/em» might provide a basis for the imposition of the rule of law. To do so, it considers Justice Dixon’s acknowledgement, in «em»Australian Communist Party v Commonwealth«/em» (1951) 83 CLR 1, that the rule of law is a traditional conception assumed by the «em»Commonwealth Constitution«/em». It also examines the relationship between the rule of law and Chapter III of the «em»Commonwealth Constitution«/em» and the implications that relationship might have for State legislatures. It shows that any constraint derived from Chapter III of the «em»Commonwealth Constitution«/em» is unlikely to extend beyond securing the legality of governmental action. This thesis also assesses whether the common law is capable of imposing the rule of law as a constraint on legislative capacity. It shows that such a constraint will be weak in the face of considered action by a State legislature. Ultimately, this thesis argues that the rule of law is only likely to be recognised as a constraint when a court is confronted with an extreme law.
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Borea, Rieckhof Costanza. "Disability and human rights." THĒMIS-Revista de Derecho, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/108818.
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All persons are subjects of law, but not everyone has the “capacity” to fully exercise them. On this basis, people with disabilities have seen their opportunities for development as human beings limited.Why it that people with disabilities have been historically marginalized by the Law? In this article, the author presents a detailed analysis on the subject, including the legal paradigm change that was the adoption of the Convention on the Rights of Persons with Disabilities.<br>Todas las personas somos sujetos de Derecho, perono todos tenemos la “capacidad” para poder ejercerlos plenamente. Bajo este argumento, las personas con discapacidad han visto limitadas sus posibilidades de desarrollarse como seres humanos.¿Por qué las personas con discapacidad han sido históricamente marginadas por el Derecho? En el presente artículo, la autora nos presenta un detallado análisis sobre la materia, incluyendo el cambio de paradigma jurídico que supuso la adopción de la Convención sobre los Derechos de la Personacon Discapacidad.
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Hoffman, Simon Paul. "Impacts of housing policy implementation in Wales for housing associations in the capacity of voluntary housing organizations." Thesis, Swansea University, 2007. https://cronfa.swan.ac.uk/Record/cronfa42993.
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This study examines some of the impacts of engagement by housing policy on housing associations in Wales. The research concentrates on: housing associations as voluntary housing organizations operating within the Wales voluntary sector; and, the relevance of policy implementation by Wales-national policy institutions for associations acting in this capacity. A background is developed through discussion of accounts of the voluntary sector that provide an insight into: definitional criteria and structural/operational norms for non-profit enterprise; the sector's societal function(s); operational frameworks (i.e. relevant to legal form, regulation, funding and accountability); and weaknesses that arise through the non-profit sector's reliance on government funding. In addition this study discusses aspects of the Wales voluntary sector distinct from the sector in the United Kingdom as a whole. An account is provided of the Wales voluntary sector and its role in public policy implementation, and the statutory framework supporting the sector's operation at Wales-national level. To establish a context for discussing housing associations in Wales there is a review of housing policy, focusing on the period post 1960, including a review of policy implementation in Wales. The primary research for this study is carried out on policy documents relevant to housing policy toward housing associations post 1989 (to include documents published by Tai Cymru as well as the National Assembly for Wales), and by a survey conducted on housing associations and local authorities. The findings from the survey provide insights into the relevance of housing policy and policy engagement on attitudes amongst relevant stakeholders toward housing association status within the Wales-voluntary sector, their role or roles, issues of accountability, and, the influence of Tai Cymru and the National Assembly in these areas. The survey also provides data from housing associations on the relevance and impact of policy implementation under Tai Cymru in three key operational areas, these are: development; rent setting; and, the allocation of housing. The primary research carried out allows conclusions to be drawn on the significance of housing policy implementation by policy institutions in Wales on housing associations having regard to their independence and capacity for operational discretion, and, of the relevance of accounts of the non-profit sector that highlight weaknesses arising from its engagement by public policy.
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Clough, Beverley. "Exploring the potential of relational approaches to mental capacity law." Thesis, University of Manchester, 2015. https://www.research.manchester.ac.uk/portal/en/theses/exploring-the-potential-of-relational-approaches-to-mental-capacity-law(5054a274-bf7c-46e7-92ff-6c3fa665559a).html.
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The Mental Capacity Act 2005, and the domestic law surrounding it, is currently in a state of instability, having undergone rigorous scrutiny by the House of Lords Select Committee. At an international level, the United Nations Convention on the Rights of Persons with Disabilities 2006 has cast substantial doubt over the very basis of this legal framework. The recommendations made by the Select Committee, and any resulting action by the government to address these, will be hoped to have an impact on the implementation of the legislation on those falling within its remit. On a deeper level, however, this thesis seeks to critically engage with the theoretical underpinnings which inform and guide this legislative framework. This entails a questioning of the ways in which those with disabilities and their carers are responded to under the statute. Exploring the theoretical debates in this context leads to a conclusion that the Act promulgates an individualistic approach to the concept of mental capacity, and does not adequately reflect the reality and lived experiences of those deemed to lack capacity or their informal carers. The papers in this thesis interrogate these issues through a focus on three distinct areas- carers interests under the best interests test; the Deprivation of Liberty Safeguards though a social model lens; and capacity to consent to sex. In doing so, this thesis suggests that more relationally and contextually focused approaches can inform a legal framework which is attentive and responsive to the interwoven interests of those with cognitive impairments and their carers, and which facilitates the enjoyment of rights through a focus on the societal, structural and institutional barriers which have historically worked to exclude these individuals.
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Ned-Matiwane, Lieketseng. "A study to explore the capacity of family and service providers to facilitate participation of disabled youth in accessing opportunities in skills development and employment in Cofimvaba, Eastern Cape." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/11007.
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Includes abstract.<br>Includes bibliographical references.<br>The study aimed to explore the capacity of family and service providers to facilitate the participation of disabled youth in accessing skills development and employment opportunities in rural areas. The objectives were to describe the family and service providers' understanding of disability; identify visions and strategies for promoting inclusion of disabled youth in skills development and employment opportunities; analyse the provision of services related to the economic development of disabled youth; identify the gaps in skills in facilitating disabled youth's transition in the economic development; and identify the available material resources for economic development of disabled youth.
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Goldberg, Samuel. "Gender, Insanity and Moral Obligation: Widows and the Action for Testamentary Incapacity in Late-Colonial New South Wales." Thesis, Department of History, 2021. https://hdl.handle.net/2123/24915.
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The enactment of a Testator’s Family Maintenance Act in 1916 is rightly remembered as a signature achievement of New South Wales’ early feminists, providing protection against the destitution that a cruel will could inflict upon a testator’s family. Yet in the decades before its passage, a challenge to a husband’s testamentary capacity offered an alternative mechanism by which a widow could challenge a will. This thesis explores the stories of the widows who braved the action for testamentary incapacity, in order to recover its social and cultural significance. It identifies the courtroom as a site of dense cultural discourse, in which dominant tropes of gender, insanity and moral obligation structured the court’s consideration of a widow’s claim. It shows that widows played upon these tropes, deploying them in narratives of virtue and transgression to win substantive relief. The action for testamentary capacity thus offered hope for disinherited widows seeking to break the financial shackles posthumously imposed by their husbands. However, in demanding the sublimation of their lived experience to fit dominant cultural narratives, the action excluded women who were unable to perform the necessary identity, perpetuating the same inequality that widows came to court to address.
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Bastow, Simon. "Overcrowded as normal : governance, adaptation, and chronic capacity stress in the England and Wales prison system, 1979 to 2009." Thesis, London School of Economics and Political Science (University of London), 2012. http://etheses.lse.ac.uk/360/.
Full textAbstract:
Why do public policy systems sustain chronic conditions despite general consensus that these conditions are detrimental to overall performance? The answer is because they are, in one way or another, sustainable. Systems find ways of sustaining manageable and acceptable equilibrium between demand for their services and their supply. Yet in doing so, they develop ways of coping with and normalizing situations of chronicness. This research is about chronic capacity stress (CCS) in a large and complex public policy system. CCS may be caused by excessive demand for services. It may also be caused by inadequate supply. Either way, it is a property of sustainable equilibrium between the two, and therefore must be understood in these dynamic terms rather than as just the product of one or the other. I examine overcrowding in the England and Wales prison system as an archetypal case of CCS. It starts with the assumption that the prison system should in theory be set up to deal with the demands made upon it. In doing so, it examines the way in which the system itself has coped with, normalized, and sustained crowding over the years. I have conducted in-depth interviewing with former ministers, top officials, governors, and other key actors, as well as extensive quantitative analysis covering three decades. I develop four inter-related themes as a part of a ‘problematique’ which explains why CCS is sustained: ambivalence towards rehabilitation, coping and crisis culture, benign resistance, and obsolescence and redundancy. Constrained autonomy of actors and their adaptive behaviours are key to understanding how the system sustains CCS, and how it is able to function despite CCS. Ultimately, I show how three groups of public policy theory – public choice, cultural theory, and governance - are vital aspects of an overall explanation, but that independently they are insufficient to explain why chronicness sustains, and therefore must be integrated into a more holistic, governance-style explanation. CCS can be seen as a function of governance dysfunction.
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Pritchard-Jones, Laura Gwynne. "Making health and welfare decisions in old age : challenging the adequacy of mental disability law and theory." Thesis, University of Manchester, 2016. https://www.research.manchester.ac.uk/portal/en/theses/making-health-and-welfare-decisions-in-old-age-challenging-the-adequacy-of-mental-disability-law-and-theory(f3f29f67-6454-4013-8d6e-e5a783ca97fd).html.
Full textAbstract:
Old age – and particularly the increasing numbers of older people globally and within the United Kingdom - is becoming a social and political phenomenon. Yet despite this, very little has been written on how the law – and especially mental disability law – intersects with old age. This is notwithstanding the fact that many older people may encounter conditions that impact their mental or cognitive abilities, and proportionally, may therefore be greatly affected by this area of law. By drawing on a number of theories – sometimes termed ‘relational’ theories – which are derived predominantly from feminist theory, this thesis seeks to explore the adequacy of mental disability law for safeguarding health and welfare-related decision-making of older adults in three areas; where an older person has been subjected to ageism, where they have been the victim of interpersonal abuse, and where they have dementia and may lack mental capacity. Within this broader goal, this thesis has two specific aims. First, to explicitly critique and challenge the adequacy of the law as it is applied in these circumstances. It is suggested in particular that a deeper analysis of the law in both its previous and current forms betrays the liberal and unduly individualistic roots of the legislative framework. These are roots that are predicated on non-interference, and an idealistic paradigm of the rational, autonomous, and healthy bodied individual. This – it is contended throughout – is an unsuitable philosophy to underpin the law, particularly where the law engages with older adults. Second, this thesis aims to navigate a more suitable pathway within the law as it currently exists. While operating as a tool to critique the legislative framework and its underpinning philosophy, it is argued that the theories drawn upon throughout the thesis also have the potential to highlight how the law could be implemented in such a way so as to emphasise the importance of the realities of the lived experiences of old age, and particularly the experience of ageism, abuse, and dementia. Crucially, it is also suggested that such theories can help the law pay greater attention to the complex web of relationships – both positive and negative; personal and societal – that an older person may find themselves embedded within, and that frequently take on an added significance in old age.
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Murphy, Rebecca Cowell. "Advocating for advance directives guidelines for health care professionals /." Thesis, Montana State University, 2009. http://etd.lib.montana.edu/etd/2009/murphy/MurphyR0509.pdf.
Full textAbstract:
An advance directive, such as a Living Will or Durable Power of Attorney for Health Care, allows a person to give their instructions about future medical care if he or she is unable to participate in decisions due to serious illness or incapacity. Despite the fact the Patient Self Determination Act requires health care facilities to provide patients with information about advance directives on admission, and the public and health care professionals support the use of advance directives, few people actually complete these documents. This project was developed in support of a local community hospital's commitment to promote the creation and use of advance directives. Part one of the project involved working with the hospital's Advance Directive Committee to update and revise the Advance Directive Policy and Procedure to meet Joint Commission Standards. Part two of the project was the creation of an Advance Directive Education Module for health care professionals designed to be used as part of the employees' annual education review. The new policy created a solid framework for health care professionals to follow when working with patients and their health care goals. The computer-based Advance Directive Education Module reviewed general information about advance directives, informed health care professionals of the new Advance Directive Policy and Procedure, and gave facility-specific actions to take when working with patients and their advance directives.
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SUBRAMANIAN, ANAND. "DEVELOPING MTM MODIFIERS FOR TASKS PERFORMED BY INDIVIDUALS WITH PERMANENT PARTIAL DISABILITY OF THE FINGERS." University of Cincinnati / OhioLINK, 2007. http://rave.ohiolink.edu/etdc/view?acc_num=ucin1186662098.
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Grugan, Cecilia Spencer. "Disability Resource Specialists’ Capacity to Adopt Principles and Implement Practices that Qualify as Universal Design at a 4-Year Public Institution." Wright State University / OhioLINK, 2018. http://rave.ohiolink.edu/etdc/view?acc_num=wright1526997302503817.
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Kragnienė, Inga. "Skirtingos fizinės negalios neįgaliųjų plaukikų požiūris į klasifikacijos sistemą ir galimybės siekti rezultatų." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2008. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2008~D_20080618_125536-62354.
Full textAbstract:
Klasifikacijos pagrindinis tikslas - užtikrinti lygiavertį neįgaliųjų plaukikų su skirtingoms fizinėmis negalėmis dalyvavimą varžybose. Lygiavertiškumo įvertinimas yra labai sudėtingas procesas, dėl to vis dar tęsiasi mokslininkų diskusijos ieškant naujų tyrimo metodų, kaip išanalizuoti ir objektyviai įvertinti skirtingos negalios plaukikų galimybes dalyvauti neįgaliųjų plaukime. Tyrimo objektas – skirtingų fizinių negalių neįgalieji plaukikai. Dėl vis besitesinčios diskusijos apie klasifikacijos problemas ir išsamesnių tyrimų trūkumo, funkcinės plaukimo klasifikacinės sistemos tyrimai išlieka aktualūs ir reikšmingi. Dėl to, kad mažai tyrinėtas neįgaliųjų požiūris į klasifikacijos sistemą ir netyrinėtas treniruočių poveikis skirtingos negalios plaukikų rezultatams buvo suformuluotos tokios hipotezės:
• skirtingos fizinės negalios plaukikų požiūris į klasifikacijos sistemą turėtų būti teigiamas;
• skirtingos fizinės negalios tipo, bet tos pačios klasės plaukikų aerobinio pajėgumo rodikliai ir plaukimo rezultatai turėtų būti panašūs.
Šio darbo tyrimo tikslas – nustatyti ir įvertinti skirtingos fizinės negalios tipo plaukikų požiūrį ir galimybes dalyvauti neįgaliųjų plaukime, aerobinio pajėgumo rodiklių ir plaukimo rezultatų kitimo aspektais. Šiam tiksliu pasiekti buvo iškelta keletas uždavinių:
1. nustatyti ir įvertinti neįgaliųjų plaukikų požiūrį į klasifikacinę sistemą ir galimybes dalyvauti plaukime;
2. nustatyti ir įvertinti aštuonių savaičių trukmės treniruočių įtaką... [toliau žr. visą tekstą]<br>Sport classification systems help to ensure that competition is equitable and individuals who, do so because of training and talent and not because their disability happens to be less severe then their opponents.
For international competition the system changes. Since the late 1980”s international swimming for athletes with disabilities has used a functional classification system. It was a lot of proble in this disability system. Disability swimming is a complex social system with many individual actors interaction with each other to fulfill specific functions that are necessary to optimize disability swimming as a viable part of the disability sport movement.
The purpose of this study was to determine of physical disable swimmer side and possibilities have a good result.
Hypothesis of the research:
• Sport classification system mast to help the person with different physical disable in the game;
• the person with different physical disable in the same S4 class capacity mast to be the equable.
The goals of this study:
1. ascertains and evaluate disabled swimmer side to classification systems;
2. ascertains and evaluate eight weeks aerobics training effect for S4 class disable swimmer;
3. ascertains and evaluate functional swimmers classification system capacity for S4 class different physical ddisable.
Methods:
• questioned;
��� testing;
• exsperiment;
• mathematical statistics.
The research were carried out in Lithuanian academy of physical education in laboratory. In... [to full text]
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Faker, Mogamat Salie. "Incapacity for poor work performance in the education sector." Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1020209.
Full textAbstract:
According to the latest Education Statistics Report published by the Department of Basic Education in March 2013, there were 12 680 829 learners and students in the basic education system in 2011, who attended 30 992 education institutions and were served by 441 128 educators. The vision of the Department of Basic Education is of a South Africa in which all our people have access to lifelong learning and education and training, which will, in turn, contribute towards improving the quality of life. Ultimately this will influence the building of a peaceful, prosperous and democratic South Africa. The emphasis is on excellence. Therefore maintaining high standards of performance and professionalism is a national imperative. However, this has not always been the case in terms of performance. For more than a decade we have witnessed dismal results in literacy and numeracy. This was accompanied by a low throughput rate. Despite the poor matric, literacy and numeracy results in South Africa as well as the low throughput rate, no teacher has been formally charged for poor performance in the last two decades. South Africa’s education budget is regarded as one of the highest in the developing world. Since 1993 the education budget has also grown substantially. South Africa’s education expenditure on education has grown from R30 billion in 1994/05 to R101 billion in 2007/08. Spending on education grew even further from R207 billion in 2012/13 to a projected R236 billion in 2014/15. Additional allocations of R18.8 billion over the medium term are accommodated, including equalisation of learner subsidies for no-fee schools and expanded access to grade R.6 Over the rest of the medium-term-expenditure framework (MTEF),7 spending on education, sport and culture will amount to R233 billion in 2013/14. The investment in education has not yet yielded the desired results and the outcome of education is not in keeping with the substantial input. This crisis in education is one of the major challenges facing Government, Administrators, educators, parents and children of today. According to Spaull,9 the South African government spends the equivalent of $1225 (R12440.26)10 per child on primary education, yet accomplishes less than the government of Kenya which spends only the equivalent of $258 (R2620.80)11 per child. Various reasons such as poverty, management, leadership, imbalances of the past, two unequal education systems, poor management, training and development, non-accountability, role of government and unions, have been identified for the poor state of our education system. However, what is noticeably absent and hardly mentioned in any of the position papers, is that not a single teacher has been held accountable and dismissed for incapacity for the poor performance in the education sector. Unfortunately, there is no record in any of the provincial education departments’ annual reports that a teacher has been dismissed or at least placed on a formal programme of incapacity for poor performance. Therefore, we have to ask the question: “Are we getting value for money?".
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Steffensen, Birgit F. "Functional ability in non-ambulatory people with Duchenne muscular dystrophy or spinal muscular atrophy assessed with the EK scale /." Stockholm, 2002. http://diss.kib.ki.se/2002/91-7349-252-3.
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Kuktelionytė, Aurelija. "Intelekto negalią turinčių asmenų fizinis pajėgumas negalios, lyties ir amžiaus aspektu." Bachelor's thesis, Lithuanian Academic Libraries Network (LABT), 2013. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2013~D_20130910_132609-57351.
Full textAbstract:
Tyrimo objektas: Sutrikusio intelekto asmenų fizinio pajėgumo ir fizinių ypatybių rodikliai.
Tyrimo tikslas: Nustatyti ir įvertinti intelekto negalią turinčių asmenų fizinį pajėgumą negalios, lyties ir amžiaus aspektu.
Uždaviniai:
1. Nustatyti ir įvertinti sutrikusio intelekto asmenų fizinį pajėgumą negalios ir lyties aspektu;
2. Nustatyti ir įvertinti sutrikusio intelekto asmenų fizinį pajėgumą amžiaus aspektu;
3. Nustatyti ir įvertinti sutrikusio intelekto asmenų fizinių ypatybių kaitą negalios ir lyties aspektu;
4. Nustatyti ir įvertinti sutrikusio intelekto asmenų fizinių ypatybių kaitą amžiaus aspektu.
Rezultatai ir išvados: Nustatyta, kad lyties aspektu geresnis fizinis pajėgumas dominuoja tarp nežymiai protiškai atsilikusių mergaičių, Nustatyta, kad fizinis pajėgumas negalios aspektu yra geresnis tarp nežymų intelekto sutrikimą turinčių asmenų, o vertinant fizinį pajėgumą pagal amžių geresni rezultatai pasiekti 14-17m. amžiaus grupėje. Taip pat pastebėta, kad lytis, negalia ir amžius skirtingai įtakoja intelekto sutrikimų turinčių asmenų fizinių ypatybių kaitą.
Pasiūlymai: Norint gerinti intelekto sutrikimą turinčių mokinių fizinį pasirengimą, fizinį pajėgumą, taip pat siekiant ugdyti fizines ypatybes, rekomenduojama: skatinti fizinį aktyvumą mokyklos ir namų aplinkoje, atsižvelgti į konkrečius judėjimo sistemos sutrikimus, psichomotorines, pažinimo ir emocines, protiškai atsilikusių asmenų ypatybes ir tikslingai individualizuoti fizinio aktyvumo programą, tikslingai... [toliau žr. visą tekstą]<br>The research focused on: Persons with intellectual disability indicators of physical capacity and physical properties.
The research purpose: To identify and assess persons with intellectual disability physical capacity disability, gender and age aspect.
Objectives:
1. To identify and assess persons with intellectual disability physical capacity disability and gender aspect;
2. To identify and assess persons with intellectual disability physical capacity age aspect;
3. To identify and assess persons with intellectual disability indicators of physical properties disability and gender aspect;
4. To identify and assess persons with intellectual disability indicators of physical properties age aspect.
Results and conclusions: Identified that gender is better in terms of physical capacity among disadvantaged girls, and slightly mentally between the middle of intelligence superior physical capacity observed among boys. Found that the physical capacity the disability aspect is better between a slight disturbance in the persons with disabilities, and physical ability to achieve better results under the age of 14-17 m. age group. It is also noted that gender, disability and age in contrast to persons with intellectual disabilities affects the indicators of physical properties. Suggestions: In order to improve the intelligence of students in physical training, the disruption of the physical capacity, as well as to develop their physical properties, it is recommended that: promote... [to full text]
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Hood, Lillian. "Attributions about individuals with disabilities in employment contexts." View electronic thesis (PDF), 2009. http://dl.uncw.edu/etd/2009-1/rp/hoodl/lillianhood.pdf.
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Wheeler, John J., Michael R. Mayton, and Stacy L. Carter. "Addressing Infrastructure and Capacity Needs for Providing Services and Supports to Individuals with ASD." Digital Commons @ East Tennessee State University, 2014. https://dc.etsu.edu/etsu-works/271.
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Lamarca, Casado Rosa. "Gender diferences in the association between disability and mortality in the elderly." Doctoral thesis, Universitat Pompeu Fabra, 2006. http://hdl.handle.net/10803/7097.
Full textAbstract:
Aquesta tesi avalua l'existència de diferencies per gènere en la relació entre discapacitat i mortalitat, i aspectes metodològics en l'anàlisi de supervivènciad'estudis de gent gran. Es van utilitzar les dades provinents d'una cohort de 1.315 subjectes amb edats superiors o iguals a 65 anys que van ser seguits durant un periode de 8 anys. La discapacitat es va mesurar mitjançant la capacitat que declarava l'individu per dur a terme activitats de la vida diària bàsiques. <br/>La discapacitat va evolucionar al llarg del temps empitjorant amb l'edat, però una proporció no menyspreable va ser capaç de recuperar-se. Es van observar diferències per gènere en l'evolució de la discapacitat: les dones tenien més dificultats en recuperar la seva capacitat funcional un cop esdevenien discapacitades. La força de l'associació entre la discapacitat i la mortalitat disminuia a edats avançades. Es van trobar diferencies per sexe: les dones depenents mostraven un risc de morir més alt que el homes depenents. <br/>Polítiques de salut dirigides a dones discapacitades haurien de ser implementades degut a la proporció més elevada de dones discapacitades, la probabilitat menor que tenen de recuperar la capacitat funcional, i el risc de morir més elevat que presenten comparat amb homes dicapacitats.<br>This thesis evaluates the existence of gender differences in the relationship between disability and mortality, as well as methodological aspects of the survival analysis for elderly studies. Data from a cohort of 1,315 subjects aged 65 years and older followed-up 8 years was used. Disability was assessed by self-reported difficulty to perform basic activities of daily living. <br/>Disability evolved over time worsening with age, but a non-negligible proportion was able to recover. There were gender differences in the evolution of disability: women were less able to regain functional capacity once they become disabled. The strength of the association between disability and mortality decreased in the older ages. But differences by gender were found: dependent elderly women showed a higher risk of dying compared to dependent men. <br/>Health policies focusing on disabled women should be implemented, due to the higher proportion of disabled women, the lower probability of regaining functional capacity, and their higher risk of dying compared to disabled men.
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Lyon, Lucille Castillo. "California conservatorships: An examination into ethics, standards, and judical monitoring." CSUSB ScholarWorks, 1994. https://scholarworks.lib.csusb.edu/etd-project/945.
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Phipps, Kathy, and n/a. "Comparative study of teachers in N.S.W. Department of Education support units (South Coast Region) and teachers in N.S.W. Department of Education special schools (South Coast Region) relating to the implementation of curriculum document for students with severe intellectual disability." University of Canberra. Education, 1993. http://erl.canberra.edu.au./public/adt-AUC20061112.124101.
Full textAbstract:
The following research project was a comparative study of
teachers in Support Units and teachers in Special Schools. They were
teachers currently involved with the implementation of the 1989 NSW
Department of Education Mandatory Curriculum Change for the
education of students with severe intellectual disability.
The purpose of the research was to present a comparative
study on teachers' responses, in both educational settings, examining
their understanding of the curriculum change, the concerns of
individuals and the levels of curriculum usage in relation to the factors
affecting implementation.
The application of the Concerns-Based Adoption Model of
Change (Hall and Loucks, 1987), enabled the study to focus on the
various forms of the innovation, including the innovation configuration,
stages of concern, and the levels of use from the two given
perspectives, teachers in Support Units and teachers in Special
Schools, in relation to the major factors affecting implementation.
The study findings highlighted that in both educational
settings, change is accomplished by individuals and is a highly personal
experience, demanding adequate support by facilitators of the change
through appropriate actions, in order to assist effective and successful
implementation of the change.
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Theunissen, Karen Sunette. "A critical review of the validity of the Credibility Assessment Tool (CAT) and its application to the screening of suspected malingering." Thesis, Stellenbosch : University of Stellenbosch, 2011. http://hdl.handle.net/10019.1/6516.
Full textAbstract:
Thesis (MOccTher)-- University of Stellenbosch, 2011.<br>ENGLISH ABSTRACT: Malingering, the intentional simulation or exaggeration of symptoms for secondary gain, has a
significant financial impact on disability insurance given its prevalence. Multidisciplinary
professionals involved in disability determination therefore require a tool which would assist in the
screening of suspected malingerers.
AIM: The Credibility Assessment Tool (CAT), a tool which was developed as part of the
Performance APGAR, was reviewed in terms of its validity and application to the screening of
malingering. Research objectives included the review of face and content validity through a
literature review and concept analysis, as well as the review of construct and concurrent validity by
comparing the results with the operationalised malingering construct and available malingering
protocols. The adapted Slick criteria as proposed by Aronoff, applicable to chronic pain,
neurocognitive, neurological and psychiatric symptoms, was identified as the most suitable
criterion standard for use of comparison.
DESIGN: The research design was a descriptive analytical design, which was performed
retrospectively with a report review from insurance referrals to the researcher. Informed consent
was obtained from insurers who legally own the reports. A saturated sample of convenience of
184 cases with depression and pain as predominant symptoms were analysed. Recall bias were
minimised through omission of personal identifiers and the use of a peer check of 20 random
cases. Results in the peer check were suggestive of poor inter-rater reliability, rather than recall
bias.
METHOD: Cases were analysed according to the guidelines from the respective authors of the
CAT and adapted Slick criteria, however this was further defined to ensure that the study could be
replicated.
RESULTS: Face validity was adequate in terms of purpose, item selection and association
between consistency criteria, however require improvement in terms of standardised instruction
and weighting of the scale. Content validity was rated as adequate to excellent, given that it
supports criteria linked to the malingering construct. Construct validity was adequate as
demonstrated by association between concepts obtained through concept analysis. Correlation
between the CAT and adapted Slick was strong (r>0.5) however caution is expressed that this
requires further research.
CONCLUSION: Recommendations for further research included the review of content validity with
subject experts, criterion and predictive valid through a case-control study of known-groups, as
well as the reliability of the CAT, and the use of specialised ADL indices for malingering detection.
Adaptation to the CAT was depicted in the proposed Consistency Assessment Tool.<br>AFRIKAANSE OPSOMMING: Malingering, die opsetlike nabootsing of oordrywing van simptome vir sekondêre gewin, het ‘n
beduidende finansiële impak op ongeskiktheidsversekering as gevolg van die prevalensie daarvan.
Multidissiplinêre professionele persone betrokke by ongeskiktheidsevaluasies het daarom ‘n
meetinstrument nodig om moontlike malingeerders te identifiseer.
DOEL: Die Credibility Assessment Tool (CAT), wat ontwikkel was as deel van die Performance
APGAR, was ondersoek in terme van geldigheid en toepassing op malingering.
Navorsingsdoelwitte het die ondersoek van voorkoms- en inhoudsgeldigheid deur ‘n
literatuurstudie en konsep analise behels, sowel as konstruk- en korrelasie geldigheid deur die
vergelyking van die resultate met beskikbare malingering protokolle en operasionele konstrukte.
Die aangepaste Slick kriteria soos voorgestel deur Aronoff, wat toepaslik is op kroniese pyn,
neurokognitiewe, neurologiese en psigiatriese simptome, was ge-identifiseer as die meeste
gepaste kriterium standaard vir vergelyking.
ONTWERP: Die studieontwerp was ‘n beskrywende analitiese studie wat retrospektief uitgevoer
was deur ‘n ondersoek van verslae van versekeraars. Ingeligte toestemming was verkry van
versekeraars wat die wetlike eienaars van die verslae is. ‘n Gerieflikheidsteekproef van 184 gevalle
met depressie en pyn as hoof simptome was geanaliseer. Sydighede was verminder deur
persoonlike inligting te verwyder en die gebruik van ‘n eweknie evaluasie van 20 ewekansige
getrekte gevalle. Voorlopige resultate dui onbevredigende betroubaarheid aan, eerder as
sydighede.
METODE: Gevalle was ge-evalueer volgends die riglyne van die verskeie outeure van die CAT en
aangepaste Slick kriteria, en was sodanig verder gedefinieer om te verseker dat die studie herhaal
kan word.
RESULTATE: Voorkomsgeldigheid was voldoende, maar verbetering is aanbeveel in terme van
gestandardiseerde instruksie en skaal verdeling. Inhoudsgeldigheid was beduidend in vergelyking
met die wetenskaplike literatuur en die geoperasionaliseerde konstrukte. Konstrukgeldigheid was
bevestig deur die positiewe verhoudings tussen die aangepaste Slick en CAT kriteria. ‘n Sterk
korrelasie was gevind tussen die aangepaste Slick en CAT, maar hierdie moet versigtig geinterpreteer
word aangesien verdere navorsing verlang word.
GEVOLGTREKKING: Aanbevelings vir verdere navorsing sluit in die ondersoek van die
inhoudsgeldigheid met eksperte, kriterium- en voorspellingsgeldigheid, sowel as die
betroubaarheid van die CAT en die gebruik van gespesialiseerde ADL indekse vir uitkenning van
malingering. Aanpassing vir die CAT word ook voorgestel.
34
Boy, Anthony Albert. "Dismissal for medical incapacity." Thesis, Nelson Mandela Metropolitan University, 2004. http://hdl.handle.net/10948/d1016262.
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Labour law in South Africa has evolved over the past century at an ever increasing pace. The establishment of a democratic government in 1995 has been the trigger for a large number of labour law statutes being promulgated, particularly with reference to the laws governing the employment relationship and dismissal. From very humble and employer biased dispute resolution application under the common law of contract, labour law in this country has evolved through the various acts culminating in a labour law system which is highly regulated and codified. Dismissal for medical incapacity in this treatise is reviewed with regard to the applicable statutes and the various codes of good practice as the law has evolved and developed from the period covered by the common law through that covered by the 1995 LRA up to and including the current period. Particular attention is paid to both substantive and procedural requirements as well as the remedies applicable under the different legal regimes and the pertinent tribunals and courts. Regard is also given to the duration and causes of incapacity and the effect this may have on the applicable remedy applied by these tribunals. It will become apparant that the medically incapacitated employee occupied a relatively weak and vulnerable position under the common law as opposed to the current position under the 1995 LRA. The influence of the remedies applied by the tribunals under the 1956 LRA are clearly evident in the current regulations and codes under the 1995 LRA which contain specific statutory provisions for employees not to be unfairly dismissed. Distinctions are drawn between permissible and impermissible dismissals, with medical incapacity falling under the former. Furthermore, a distinction is drawn statutorily between permanent and temporary illhealth/injury incapacity with detailed guidelines for substantive and procedural fairness requirements to be met by employers. The powers of the specialist tribunals (CCMA, Bargaining Councils and Labour Courts) are regulated by statutory provisions and deal with appropriate remedies (reinstatement and/or compensation) a wardable in appropriate circumstances. Certain specific areas nonetheless still remain problematic for these tribunals and hence questions that require clear direction from the drafters of our law are: How to distinguish misconduct in alcohol and drug abuse cases? What degree of intermittent absenteeism is required before dismissal would be warranted? In certain other areas the tribunals have been fairly consistent and prescriptive in their approach and remedies awarded. Included here would be permanent incapacity, HIV cases and misconduct. It will emerge, however, that under the 1995 LRA the position of employees and the protections afforded them have been greatly increased.
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Lecoq, Nathalie. "Évaluation critique du régime juridique québécois en matière de consentement aux soins pour le majeur inapte." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82662.
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Le regime juridique instaure par le legislateur quebecois en matiere de consentement aux soins pour le majeur inapte merite d'etre revise. La determination de cette inaptitude produit des effets importants. Le constat d'inaptitude prive la personne majeure de son droit de prendre une decision a l'egard de sa sante, une des spheres les plus personnelles et privees de sa vie. Cette these utilise une approche transdisciplinaire, puisant a la fois dans le droit et la bioethique, pour evaluer de facon critique: l'encadrement de la determination de cette inaptitude, la determination juridique de cette inaptitude et les dispositions pertinentes du Code civil du Quebec qui s'appliquent en matiere de consentement aux soins lorsque cette inaptitude est constatee par le medecin. L'auteur conclut que l'objectif vise par le legislateur quebecois, le respect de la personne, n'est que partiellement atteint.
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Wandt, Alexander. "Das Innenrecht der (teil- )rechtsfähigen BGB-Gesellschaft /." Berlin : Duncker & Humblot, 2009. http://d-nb.info/992438764/04.
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Sami, Ahmed Laila, and Jabbar Zeinab Jalal. "Anställningsbar eller icke anställningsbar. Arbetsförmedlingen, arbetsmarknaden & individer med funktionsnedsättning." Thesis, Malmö universitet, Fakulteten för hälsa och samhälle (HS), 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-25969.
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Den största förmedlaren av arbeten i Sverige är Arbetsförmedlingen, de ska underlätta för alla arbetssökande och för individer med funktionsnedsättning att etablera sig på arbetsmarknaden genom olika stödinsatser. Syftet med studien är att undersöka vilka möjligheter respektive begränsningar arbetsförmedlarna upplever gällande att stödja individer med funktionsnedsättning att etablera sig på arbetsmarknaden samt vilka metoder de använder sig av i denna process. Studien vilar på en kvalitativ metod och förhåller sig till semistrukturerade intervjuer. De sju intervjuade personerna har varit anställda på två utvalda Arbetsförmedlingar i Södra Sverige. Empirins slutsats visade att intervjupersonerna hade flera olika metoder de kunde använda, detta för att etablera individer med funktionsnedsättning som till exempel arbetsförmågebedömning, funktionshinderkodning, arbetsträning och praktik. Möjligheterna de anställda hade var att de kunde använda sig av de olika metoderna samt uppföljning med arbetsgivarna och den arbetssökande. De anställda vill stödja individerna med funktionsnedsättning men kan begränsas av till exempel regelverket och finansiella skäl, Arbetsförmedlingens rykte, arbetsgivarnas attityder och av omorganisationen som Arbetsförmedlingen genomgår pågående.<br>The largest mediators of work in Sweden are the Swedish public employment service called “Arbetsförmedlingen”. Their work ethics are to facilitate for the individuals in the swedish society but also individuals that are disabled to establish in the labor market with contributions. The purpose of this study is to research what type of opportunities and limitations the workers experiencing concerning the support of the individuals who are disabled to establish their selves in the labor market, also what types of methods they use in this process. The study is based on a quantitative method and semi-structured interviews. The seven people we interviewed were employees for two selected employment services in southern Sweden. The empirical conclusion showed that the interviewees had several different methods they could use, in order to establish individuals with disabilities such as work ability assessment, disability coding, work training and practice. The opportunities the employees had were that they could use the different methods and follow-up with the employers and the job seeker. The employees want to support the individuals with disabilities, but can be limited, for example, by the regulations and financial reasons, the Swedish Public Employment Service`s reputation the employer`s attitudes and the reorganization that the Public Employment Service is undergoing.
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Rodrigues, Júlia Martins. "Deficiência mental, capacidade plena e autodeterminação as inovações previstas na lei de inclusão brasileira." Universidade Federal de Juiz de Fora (UFJF), 2017. https://repositorio.ufjf.br/jspui/handle/ufjf/5964.
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Previous issue date: 2017-10-27<br>O trabalho procura investigar a capacidade de fato como ferramenta apta a tutelar a
autodeterminação das pessoas com deficiência. Parte-se da identificação de uma
base teórica adequada à integração da capacidade de exercício plena à garantia de
uma igualdade genuína para essas pessoas. A partir daí, identifica-se a proteção da
personalidade com a proteção da capacidade da pessoa em exercer os atos da vida
civil segundo sua própria vontade, avaliando os limites e as possibilidades do regime
das incapacidades na proteção das pessoas com deficiência. Para tanto, o trabalho
abarca o histórico de tratados e convenções internacionais sobre direitos da pessoa
com deficiência, de conferências nacionais, bem como o desenvolvimento da loucura
na história da humanidade. Busca-se desconstruir a noção comum de deficiência,
compreendendo seu novo conceito técnico jurídico e a possível extensão desse
conceito a distúrbios psicológicos contemporâneos. Adota-se como marco teórico a
assertiva de que a deficiência é um conceito culturalmente construído (Nussbaum,
2004). A pesquisa procede a um estudo crítico da literatura jurídica especializada,
sobretudo quanto às críticas direcionadas às alterações previstas na Lei de Inclusão
brasileira. Conclui-se pela confirmação da hipótese de trabalho, que considera a
capacidade plena como condição imprescindível para a tutela da dignidade da pessoa,
para a promoção da autodeterminação do indivíduo e para o livre desenvolvimento de
sua personalidade.<br>The study seeks to investigate the full capacity as a tool able of protecting the selfdetermination
of people with cognitive disabilities. It begins by identifying a theoretical
basis appropriate to the integration of full exercise capacity to ensure genuine equality
for these people. From there, protection of personality is identified with the protection
of the person's ability to perform the acts associated with civil life according to his or
her own volition, assessing the limits and possibilities of the disability rule in the
protection of people with disabilities. To do so, the work covers the history of
international treaties and conventions on the rights of persons with disabilities, of
national conferences, as well as the development of “madness” in the history of
humanity. The study seeks to deconstruct the common notion of disability, including
its new legal technical concept and the possible extension of this concept to
contemporary psychological disorders. The assertion that disability is a culturally
constructed concept (Nussbaum, 2004) is the theoretical approach. The research
proceeds to a critical study of specialized legal literature, especially regarding the
criticisms directed at the changes foreseen in the Brazilian Inclusion Law. We conclude
by confirming the hypothesis of work, which considers full capacity as an essential
condition for the protection of the dignity of the person, for the promotion of selfdetermination
of the individual and for the free development of his personality
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AZEVEDO, Rafael Vieira de. "O novo regramento da capacidade civil das pessoas com deficiência no ordenamento jurídico brasileiro e seus reflexos à luz da teoria do fato jurídico." Universidade Federal de Pernambuco, 2016. https://repositorio.ufpe.br/handle/123456789/18631.
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Submitted by Fabio Sobreira Campos da Costa (fabio.sobreira@ufpe.br) on 2017-04-25T13:30:56Z
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Previous issue date: 2016-02-19<br>CAPES<br>O principal objetivo deste trabalho é analisar de forma dogmática o novo regramento
que conferiu plena capacidade às pessoas com deficiência, que perpassa o estudo
das regras e dos princípios que o compõem. Utilizou-se do método analítico-
-dedutivo, analisando de forma sistemática os dispositivos da CRFB/1988, da
Convenção da ONU sobre os Direitos da Pessoa com Deficiência, do Código
Civil/02, Estatuto da Pessoa com Deficiência (Lei Brasileira da Inclusão) e demais
diplomas legislativos atinentes ao tema proposto. A pesquisa, apesar de não
pretender adentrar profundamente na questão pragmática dos processos de
interdição, tem um conteúdo quantitativo e qualitativo. Foi exploratória, descritiva e
explicativa, com aproximação do objeto de estudo através de análise tanto das
normas positivas e de casos na jurisprudência pátria, como de pesquisas empíricas
realizadas em países que adotaram a CDPD, sobre a aplicação pragmática de
modelos de apoio na tomada de decisão vigentes naqueles. A fonte de coleta de
dados foi bibliográfica documental em diversas obras jurídicas, não só de direito
privado e não só da área jurídica, como também da área médica, da sociologia, da
psicologia, entre outras ciências, para levantamento de dados. Como resultado,
foram identificados dois tipos de apoio na tomada de decisão no direito brasileiro, a
curatela da pessoa com deficiência (diferente da curatela tradicional), e a tomada de
decisão apoiada (medida de apoio propriamente dita), sendo que em ambos os
casos não há qualquer alteração na capacidade civil. Concluiu-se pela existência de
um novo regramento diametralmente oposto ao anterior, como também pelas
mudanças na estrutura dos atos jurídicos praticados por pessoas com deficiência
nos três planos do mundo jurídico.<br>The aim of this study is to analyze dogmatically the new legal and constitutional
standard which gave full capacity to persons with disabilities that permeates the
study of rules and principles that compose it. The analytical deductive method was
used to analyzing systematically the provisions of CRFB/1988 of the Convention on
the Rights of Persons with Disabilitys, the CC/ 02, Estatuto da Pessoa com
Deficiência and other pieces of legislation relating to the proposed theme. Though
not intending to enter deeply into the pragmatic question of banning processes, the
survey has a quantitative and qualitative content. It was exploratory, descriptive and
explanatory, with approach to the object of study by analyzing both the positive
norms and cases in the country jurisprudence, as empirical research carried out in
countries that have adopted the CRPD on the pragmatic application of support
models in decision-making in force in those countries. The data collection was
bibliographic source documents in several legal works, not only private law and not
only legal, but also the medical field, sociology, psychology and other sciences. As a
result we identified two types of support in decision-making in Brazilian law, the
guardianship of the person with disabilities (different from the traditional
guardianship) and supported decision-making (support measure itself) and in both
cases there is no change in civilian capacity. A new standard diametrically opposed
to the previous one, but also by changes in the structure of legal acts performed by
people with disabilities in the three planes of the legal world, has been concluded.
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Souza, Ana Cláudia de 1983. "Sintomas osteomusculares, desempenho no trabalho e incapacidade em trabalhadores da enfermagem." [s.n.], 2011. http://repositorio.unicamp.br/jspui/handle/REPOSIP/311465.
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Orientador: Neusa Maria Costa Alexandre<br>Dissertação (mestrado) - Universidade Estadual de Campinas, Faculdade de Ciências Médicas<br>Made available in DSpace on 2018-08-18T16:13:26Z (GMT). No. of bitstreams: 1
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Previous issue date: 2011<br>Resumo: Os distúrbios osteomusculares são a principal causa de incapacidade e perda de produtividade no trabalho, merecendo destaque no cenário de adoecimento das mais diversas profissões. A literatura destaca os trabalhadores da enfermagem como grupo de risco para o desenvolvimento de sintomas osteomusculares. As afecções osteomusculares podem resultar em dor persistente e incapacidade para o trabalho. Dessa forma, os objetivos desse estudo foram investigar a ocorrência de sintomas osteomusculares em trabalhadores da enfermagem e sua associação com desempenho no trabalho e verificar, entre os indivíduos sintomáticos, a relação entre intensidade da dor e incapacidade. Participaram do estudo 301 sujeitos, com média de idade de 36 anos (DP±9,8), de ambos os sexos e de todos os turnos de trabalho, que compunham o quadro de técnicos e auxiliares de enfermagem de uma Instituição de Saúde, localizada no interior do estado de São Paulo. Inicialmente, os trabalhadores responderam uma ficha de caracterização sociodemográfica, ao Questionário Nórdico e ao Questionário de Avaliação do Desempenho no Trabalho. Aqueles que relataram sintomas ostemusculares em qualquer região corporal, nos últimos seis meses, responderam à Escala Numérica de Dor e ao Questionário de avaliação da incapacidade causada pela dor. Os dados foram submetidos à análise descritiva, de comparação e de correlação. Para comparar o desempenho no trabalho de indivíduos com e sem sintomas osteomusculares foi utilizado o Teste de Mann-Whitney e para correlacionar intensidade da dor e incapacidade, o Coeficiente de Correlação de Spearman. Verificou-se que dos 301 trabalhadores da enfermagem, 80,7% apresentaram sintomas osteomusculares em pelo menos uma região do corpo. Nos últimos seis meses houve maior ocorrência de dor ou desconforto nas regiões lombar (48,5%), torácica (47,5%), ombros (37,2%) e, nos últimos sete dias, a queixa mais freqüente foi dor lombar (27,3%). Quanto ao desempenho no trabalho de indivíduos sintomáticos, a pontuação média obtida foi menor para as demanda física, de plano de trabalho e de produção do que para as demandas social e mental. Quando os escores de sujeitos com sintomas osteomusculares foram comparados com os de assintomáticos, uma diferença significativa entre os dois grupos foi obtida para cada demanda do instrumento de Desempenho no Trabalho (p<0,05), exceto para a demanda social. Ao avaliar a intensidade da dor em indivíduos sintomáticos, verificou-se pontuação média de 4,5, considerada de média intensidade. Foram encontradas correlações significativas moderadas entre os escores de intensidade da dor e os domínios do Questionário de avaliação da incapacidade causada pela dor - Condição Funcional e Psicossocial (r=0,47) e escore total (r=0,50). Os resultados sugerem que os sintomas osteomusculares já estão interferindo na vida laboral desses trabalhadores<br>Abstract: Musculoskeletal disorders are the leading cause of disability and lost productivity at work, with emphasis on the setting of disease from various professions. The literature highlights the nursing workers as a group at risk for developing musculoskeletal symptoms. The musculoskeletal disorders can result in persistent pain and inability to work. Thus, the objectives were to investigate the occurrence of musculoskeletal symptoms in nursing workers and their association with work role functionning and verify, among symptomatic individuals, the relationship between pain intensity and disability. The study included 301 subjects, mean age was 36 years (SD±9.8), of both gender and all work shifts, which formed the framework of aides and technical nursing from a Health Institution, located in the state of Sao Paulo. Initially, the workers answered a sociodemographic form, the Nordic Questionnaire and the Work Role Functionning Questionnaire. Those who reported musculoskeletal disorders in any body region over the past six months, answered the Pain Numerical Scale and the Pain Disability Questionnaire. The data were submitted to descriptive analysis, comparison and correlation. To compare the work role of individuals with and without musculoskeletal disorders, was used the Mann-Whitney Test and to correlate the intensity of pain and disability of symptomatic individuals, the Spearman Correlation Coefficient. It was found that the 301 nursing workers, 80.7% had musculoskeletal symptoms in at least one body region. Over the past six months there was a higher occurrence of pain or discomfort in the low back (48.5%), upper back (47.5%), shoulder (37.2%) and for the past seven days, the most frequent complaint was low back pain (27.3%). In relation a work role of symptomatic subjects, the mean score obtained was lower for the physical demands, output demands and work scheduling demands than for social and mental demands. When the scores of the subjects with musculoskelestal disorders were compared to the scores of the asymptomatics, a significant difference between the two groups was obtained for each scale of the Work Role Functioning Questionnaire (p<0,05), except for the social scale. When assessing pain severity in symptomatic individuals, there was an average score of 4.5, considered a medium intensity. Significant correlations were moderate between the scores of pain intensity and demands of the Pain Disability Questionnaire - Functional and Psychosocial Status (r = 0.47) and total score (r = 0.50). The results suggest that the musculoskeletal symptoms are already interfering with the working life of these workers<br>Mestrado<br>Enfermagem e Trabalho<br>Mestre em Enfermagem
41
Söderberg, Elsy. "Sickness benefits and measures promoting return to work : perspectives of different actors /." Linköping : Dept. of Health and Society, Univ, 2005. http://www.bibl.liu.se/liupubl/disp/disp2005/med904s.pdf.
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Wheeler, John J. "Designing Effective Instruction for Children with ASD." Digital Commons @ East Tennessee State University, 2014. https://dc.etsu.edu/etsu-works/264.
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Wheeler, John J. "Designing Effective Interventions for Children with ASD Across Settings." Digital Commons @ East Tennessee State University, 2014. https://dc.etsu.edu/etsu-works/265.
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Wheeler, John J. "A Consultative Model for Providing Technical Assistance to School Personnel in Service to Children with Autism." Digital Commons @ East Tennessee State University, 2015. https://dc.etsu.edu/etsu-works/270.
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Wheeler, John J. "Designing Effective School-Based Interventions for Children with Autism in Underserved Regions." Digital Commons @ East Tennessee State University, 2015. https://dc.etsu.edu/etsu-works/263.
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Charlotin-Kervazo, Jeanne. "Le droit de vote du majeur déficient intellectuel : droit affirmé ou droit effectif ?" Electronic Thesis or Diss., Lorient, 2023. http://www.theses.fr/2023LORIL653.
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Toutes les personnes déficientes intellectuelles sont titulaires de leur droit de vote. Une loi de 2019 a en effet ouvert le droit de vote à toutes les personnes sous tutelle. La dignité de la personne imposait cette ouverture. Aucune condition de capacité, civile comme matérielle, n’est désormais requise pour être électeur. Un vote exprimé avec une altération des facultés mentales est ainsi valable, et ne porte pas atteinte à la sincérité du scrutin. Si l’affirmation du droit de vote des personnes déficientes intellectuelles est indéniable, l’effectivité de ce droit de vote souffre cependant d’entraves importantes, portant ainsi atteinte à la dignité intrinsèque à toutes les personnes déficientes intellectuelles. Le manque d’accessibilité des opérations de scrutin dans leur ensemble est la première des difficultés. Les contraintes de la vie en établissements sociaux et médicosociaux, situation courante pour des personnes porteuses d’une déficiente intellectuelle, viennent renforcer ces difficultés d’accès au vote. La mise en conformité des opérations de scrutin aux impératifs légaux d’accessibilité sera donc la première des réponses à apporter. D’autre part, un meilleur encadrement de l’assistance au vote sera essentiel pour correspondre aux particularités de la déficience intellectuelle. L’articulation de l’assistance au vote et de la prestation de compensation du handicap permettra par ailleurs aux personnes sans solution d’être accompagnées dans l’exercice de leur droit de vote. Toutes ces mesures permettront de mieux répondre à l’impérative dignité de toute personne déficiente intellectuelle<br>All people with intellectual disability have the right to vote. In fact, a law passed in 2019 granted the right to vote to all individuals under guardianship. The dignity due to every person decreed this opening. This right does not require any condition of capacity, both civil and material. Votes casted by people with intellectual disability are valid and do not affect the sincerity of the vote. It doesn’t cause any breach to the ballot sincerity. However, the effectivity of this right to vote is hindered by various obstacles, which go against the intrinsic dignity of people with intellectual disabilities. The biggest obstacles is a lack of accessibility to the voting process. Living in a facility specialized in intellectual disability, which is a common situation for intellectually disabled people, adds on difficulties to the polls inaccessibility. Therefore, the first important step will be to comply to all the legal accessibility rules. Better supervision of assisted voting should be provided, taking into account the particularities of intellectual disabilities. In addition, the enhancement of the “Prestation de compensation du handicap” (handicap compensation allowance) would enable people without voting solution to exercise their right to vote. All of these steps should help to better uphold the dignity of all people with intellectual disabilities
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Johnston, Craig. "Establishing a formal training program to prepare rehabilitation counselors for expert testimony." Connect to resource, 2005. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1123516553.
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Thesis (Ph. D.)--Ohio State University, 2005.<br>Title from first page of PDF file. Document formatted into pages; contains xii, 171 p. Includes bibliographical references (p. 137-153). Available online via OhioLINK's ETD Center
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Atienza, Rodríguez Manuel. "Human Dignity and Rights of Persons with Disabilities." IUS ET VERITAS, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/123464.
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In this article, the author analyzes the impact of the Kantian concept of human dignity in the UN Convention on the Rights of Persons with Disabilities. Likewise, the author elaborates a critique of the principle which argues that persons with disabilities’ individual autonomy and capacity to make decisions must be respected, regardless of the particular circumstances of the case, and finally proposes an interpretation of this principle based on the principle of equality.<br>En el presente artículo, el autor analiza la incidencia del concepto kantiano d e d ignidad h umana e n l a C onvención I nternacional sobre los Derechos de las Personas con Discapacidad de la ONU. Asimismo, el autor realiza una crítica al principio que sostiene que deben respetarse siempre, sin importar las circunstancias particulares del caso, la autonomía individual y la capacidad de las personas con discapacidad de adoptar decisiones, y, finalmente, propone una interpretación de este principio con base al principio de igualdad.
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Alves, Lucia Helena Neves. "Entraves institucionais para concessão de auxilio doença acidentario da previdencia social no municipio de Indaiatuba." [s.n.], 2006. http://repositorio.unicamp.br/jspui/handle/REPOSIP/313495.
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Orientador: Sergio Roberto de Lucca<br>Dissertação (mestrado) - Universidade Estadual de Campinas, Faculdade de Ciencias Medicas<br>Made available in DSpace on 2018-08-07T16:48:57Z (GMT). No. of bitstreams: 1
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Previous issue date: 2006<br>Resumo: A Lei 8213/91, artigo 20 define a doença do trabalho como a doença adquirida ou desencadeada em função de condições especiais em que o trabalho é realizado e que com ele se relacione diretamente. Confirmado o nexo causal com o trabalho, o beneficiário (segurado da Previdência Social) recebe o benefício por incapacidade laborativa, denominado auxílio-doença acidentário. Entretanto, o nexo técnico que estabelece a relação de causalidade entre a doença e o trabalho é de competência legal da perícia médica do INSS. Para que o segurado tenha o reconhecimento do nexo causal, garantindo-lhe alguns direitos, é necessário requerer administrativamente a alteração no tipo de benefício (auxílio-doença previdenciário para auxílio-doença acidentário). Este estudo tem por objetivo identificar os entraves institucionais para concessão do auxílio-doença na Previdência Social. O estudo foi realizado na Agência da Previdência Social na cidade de Indaiatuba. É um estudo descritivo, com uma população de 148 casos atendidos para esse fim, no período de 1995 a 2004, em listagem feita em 08/11/2004. A fonte de dados empregada na pesquisa foi extraída das Comunicações de Acidente de Trabalho (CATs) constantes nos processos de transformação de auxílio doença previdenciário para auxílio-doença acidentário e, posteriormente, de entrevistas com os segurados, funcionários e representantes sindicais de cinco entidades com sede na cidade. O estudo concluiu que a maior freqüência nesses processos se deu entre os operadores de máquinas, com idade média de 37 anos e com doenças osteomusculares. A proporção entre os sexos, todavia, mostrou-se homogênea. Em relação às dificuldades para caracterização de nexo causal entre o trabalho e a doença, foram apontadas pelos servidores problemas de ordem técnica e político-administrativo. Os representantes sindicais e os segurados apontaram que a maior dificuldade foi a avaliação e conclusão médico-pericial para estes casos, ocorrendo inclusive pareceres antagônicos entre a assistência médica do SUS ou de convênios e a perícia médica<br>Abstract: Law nº 8213/91, in article 20, defines occupational disease as the disease acquired or unleashed by the special conditions in which work is done and has a direct relation to it. Once the causal relationship is confirmed, the worker receives compensation from the Brazilian National Social Security System for working disability, which is called accident-compensation. The technical nexus that establishes work-relatedness for compensation lies in the legal sphere of the expert medical board of the National Insurance and Social Security Institute 1(INSS). In order to obtain the recognition of the causal relationship, which assures some rights to the insured worker, it is necessary to file a claim at the INSS to change the type of compensation (from social security illness-compensation to accident-compensation). The aim of this study is to identify the institutional hindrances (medicolegal roadblocks) in the path to obtain the concession of illness compensation from the Social Security System. The investigation was carried out at the Social Security Agency in the town of Indaiatuba, state of São Paulo, Brazil. It is a descriptive study with 148 cases analyzed for this purpose in the period between 1995 and 2004, in a listing dated November 8th, 2004. The source of data used in this study was derived from CATs2 pertaining to claims filed to change benefits from illness-compensation to accident-compensation and subsequent interviews with the claimants, with employees at the Social Security Agency and union representatives of five entities with headquarters in town. The study reached the conclusion that machine operators, mean age 37, with musculoskeletal disorders, were the most frequent claimants. The proportion between genders, however, was homogeneous. Establishing the relation between work and illnesses was difficult due to technical and policy-administrative problems, as pointed out by the employees at the Agency. Union representatives and claimants referred that the greatest difficulty lied in the evaluations and conclusions of the expert medical board at the INSS for these claims.There were even opposing reports between clinicians working for SUS(the public medical care system)or for private health-insurers and the medical experts at the INSS<br>Mestrado<br>Epidemiologia<br>Mestre em Saude Coletiva
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Borg, Karin. "Sickness Absence with Musculoskeletal Diagnoses : An Eleven-Year Follow-Up of Young Persons." Doctoral thesis, Linköping : Univ, 2003. http://www.ep.liu.se/diss/med/07/86/index.html.
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