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1
Pillay, Basil J., and Jerome A. Singh. "‘Mental capacity’, ‘sufficient maturity’, and ‘capable of understanding’ in relation to children: how should health professionals interpret these terms?" South African Journal of Psychology 48, no. 4 (December 21, 2017): 538–52. http://dx.doi.org/10.1177/0081246317747148.
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South Africa’s Children’s Act 38 of 2005 requires health professionals to determine whether a child possesses ‘sufficient maturity’ and ‘mental capacity’ to make decisions about themselves in relation to surgery, treatment, and HIV testing. Similarly, the National Health Act 61 of 2003 requires a child to be ‘capable of understanding’ to provide informed consent in research. However, neither the Children’s Act nor the National Health Act defines these terms. Moreover, there is no common definition of ‘sufficient maturity’ among healthcare professionals in South Africa. Appreciating how foreign law interprets ‘mental capacity’ and how different healthcare professionals evaluate ‘maturity’ could prove illuminative in respect to how these terms could be interpreted by health professionals in South Africa, and elsewhere.
2
Couzens, Ed. "A very long engagement: The Children's Act 38 of 2005 and the 1993 Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 12, no. 1 (June 26, 2017): 53. http://dx.doi.org/10.17159/1727-3781/2009/v12i1a2720.
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This article analyses the intercountry adoptions provisions contained in Chapter 16 of the Children’s Act 38 of 2005, against the standards of the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoptions, 1993. After a brief overview of the two leading South African cases on intercountry adoption, which stress the importance of having this institution statutorily regulated, the author proceeds to analyse the most significant clauses pertaining to intercountry adoptions contained in the Act, in order to identify the strengths and weaknesses in this new statutory framework. The author concludes that the Children’s Act is a dramatic improvement on the current regime of intercountry adoptions and that it has the potential to make this institution work in the best interests of children.
3
Olusegun Olaitan Oluwaseyi and Olatawura Oladimeji. "Surrogacy Agreements and the Rights of Children in Nigeria and South Africa." Obiter 42, no. 1 (May 2, 2021): 20–38. http://dx.doi.org/10.17159/obiter.v42i1.11054.
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Surrogacy agreements help to provide children for persons who cannot achieve conception or carry a child to term themselves. This practice has improved several lives over the years but can also be exploitative for some parties involved, if not adequately regulated.Using the doctrinal research method, this study discusses the rights of children in surrogacy agreements and examines the regulation of the practice in Nigeria and South Africa. This study found that a comprehensive framework regulating surrogacy agreements is lacking in Nigeria, while the practice is regulated in South Africa under Chapter 19 of the Children’s Act 38 of 2005 (Children’s Act). The lack of a legal framework in Nigeria implies that the rights of children born through surrogacy agreements may be violated. Two Bills are however awaiting passage into law in Nigeria.This study thus recommends the enactment of these Bills into one comprehensive law so as to regulate surrogacy agreements effectively in Nigeria and safeguard the well-being of children. Legislation regulating surrogacy agreements in Nigeria should include provisions similar to those found in the Children’s Act of South Africa. Policies that promote the best interests of the child should be adhered to and their rights to know their biological heritage, identity and nationality, and to prevention from harm, should be protected and promoted.
4
Heaton, Jacqueline. "Notes on the Proposed Amendment of Section 21 of the Children's Act 38 of 2005." Potchefstroom Electronic Law Journal 22 (September 3, 2019): 1–21. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a5974.
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In terms of section 21 of the Children's Act 38 of 2005, an unmarried father acquires full parental responsibilities and rights in respect of his child if he lives with the child's mother in a permanent life-partnership when the child is born. He also acquires full parental responsibilities and rights if, regardless of whether or not he has ever lived with the child's mother, he consents or successfully applies to be identified as the child's father or pays damages in terms of customary law, and contributes or attempts in good faith to contribute to the child's upbringing and maintenance for a reasonable period. Several provisions of section 21 are unclear and/or unsatisfactory. The draft Children's Amendment Bill, 2018 seeks to address problematic aspects of the section. Unfortunately, the proposed amendments to section 21 leave one disappointed. Although some of the amendments are welcome, the draft Bill fails to address several of the uncertainties flowing from the current wording of section 21 and even creates additional uncertainties. The wording of many of the amendments has not been properly thought through, and the draft Bill fails to address the key question of whether the requirements in section 21(1)(b) operate conjunctively or independently.
5
Ferreira, S., and CJ Pretorius. "Interpretation of a Trust Deed – Harvey v Crawford 2019 (2) SA 153 (SCA)." Obiter 41, no. 2 (October 1, 2020): 447–60. http://dx.doi.org/10.17159/obiter.v41i2.9165.
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Recently, in Harvey v Crawford (2019 (2) SA 153 (SCA)) (Harvey), the Supreme Court of Appeal had to consider whether the adopted grandchildren of a trust donor were beneficiaries in terms of a notarially executed deed of trust. Presently, an adopted child is for all purposes regarded as the child of the adoptive parent, and an adoptive parent is for all purposes regarded as the parent of the adopted child (s 242(3) of the Children’s Act 38 of 2005) (the Children’s Act)). This was also the case in 1953, when the deed of trust in Harvey was executed and when the Children’s Act 31 of 1937 (the 1937 Act) regulated adoption. However, contrary to current legislation, the 1937 Act included a proviso with regard to property that was included in an instrument prior to the date of the adoption order: the instrument was required to display a clear intention that such property would indeed devolve upon an adopted child.Upon interpretation of the deed in question, the court ruled that the adopted children were not entitled to benefit from the capital in the trust. In this regard, the majority opted for a rather restrictive approach, seemingly out of step with recent developments in the interpretation of contracts. The minority decision, on the other hand, came to the opposite conclusion, displaying a more balanced approach to the issue of interpretation. This decision raises some noteworthy issues regarding the interpretation of inter vivos trust deeds with specific reference to adoption. It is submitted that the court erred in its findings; the aim of this case discussion is to analyse the judgment.
6
Delport, Rina, and Gloudien Spies. "ADOLESCENTS’ RIGHT TO PARTICIPATE DURING STATUTORY INTERVENTION." Southern African Journal of Social Work and Social Development 26, no. 1 (February 17, 2017): 24–41. http://dx.doi.org/10.25159/2415-5829/2177.
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Social work practice remains concerned about the widespread human rights abuses and the exclusion of children’s voices during statutory intervention. As stipulated by The United Nations Convention on the Rights of the Child (1994), confirmed by The African Charter on the Rights and Welfare of the Child (1999) and the Children’s Act (Section 10, 38 of 2005), it is of paramount importance that the child, which includes the adolescent, must experience freedom of expression as well as the right to be heard during statutory proceedings. However, it is argued that despite the national and international focus on the importance of child participation, the question remains if children do understand and receive the opportunity to participate in practise. This article reflects on adolescents’ understanding and experiences of their right to participate during statutory intervention.
7
Lutchman, Salona. "Notes: Children, autonomy and statements: The need for a bright-line rule." South African Law Journal 138, no. 3 (2021): 500–508. http://dx.doi.org/10.47348/salj/v138/i3a2.
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Currently, a child cannot provide a statement without parental or guardian consent. This limits the child’s right to participate fully in matters which affect the child. Indeed, it also impacts the fact-finding process of an investigation. In terms of international conventions and the Children’s Act 38 of 2005, child participation is a cornerstone of children’s rights. This note proposes that South African law recognise adolescent autonomy — specifically, an adolescent’s competence to provide a statement in matters affecting the child. An adolescent’s stage of growth (physical and mental) makes the child capable of understanding the consequences of such conduct, and the child’s developing agency and cognitive abilities mean that the child may wish to do so. The note proposes that the law recognise the autonomy of a child who is twelve years or older to provide an unassisted statement in legal fora.
8
Büchner-Eveleigh, Mariana, and Annelize Nienaber. "Gesondheidsorg vir Kinders: Voldoen Suid-Afrikaanse Wetgewing Aan die Land se Verpligtinge Ingevolge die Konvensie Oor die Regte van die Kind en die Grondwet?" Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 1 (May 22, 2017): 102. http://dx.doi.org/10.17159/1727-3781/2012/v15i1a2459.
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Included in the Convention on the Rights of the Child, 1989 (UN Children's Convention) is the right of children to the highest attainable standard of health. In terms of article 4 of the UN Children's Convention, in implementing the UN Children's Convention state parties must "undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognised in the present Convention". South Africa showed its commitment to protecting and promoting children's health when it ratified the UN Children's Convention and subsequently adopted the Constitution of the Republic of South Africa, 1996, which includes provisions guaranteeing the health rights of children. South Africa also showed commitment to giving legislative effect to the protection and promotion of children's health by promulgating the National Health Act 61 of 2003, the Children's Act 38 of 2005 and the Mental Health Care Act 17 of 2002. The article evaluates existing policy and legislation affecting child health in order to assess how well South African legislation addresses the issue of children's healthcare rights and whether or not it complies with its international law and constitutional obligations in this regard. The article concludes that although much legislation exists, none provides comprehensively for children's healthcare rights, and there are many gaps in existing legislation. Most importantly, there is no reference to the core minimum requirements for the state in providing for the health of children, particularly in the way of healthcare services and nutrition. Further, there is a complete lack of legislation which protects the health needs of children with disabilities. In order to ensure that the health rights of children are protected and promoted, we propose more comprehensive legislative protection.
9
Kruger, Hanneretha. "The Protection of Children's Right to Self-Determination in South African Law with Specific Reference to Medical Treatment and Operations." Potchefstroom Electronic Law Journal 21 (October 15, 2018): 1–34. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a4609.
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The Children's Act 38 of 2005 provides that children over the age of 12 years can consent to their own medical treatment or that of their children, provided they are of sufficient maturity and have the mental capacity to understand the benefits, risks, social and other implications of the treatment (section 129(2)). The predecessor of the Children's Act set the age at which children could consent to medical treatment at 14 years, and no maturity assessment was required (Child Care Act 74 of 1983 section 39(4)). Children over the age of 12 years can consent to the performance of surgical operations on themselves or their children, provided that they have the level of maturity described above and they are duly assisted by their parents or guardians (Children's Act section 129(3)). Before the Children's Act came into operation, the Child Care Act allowed children over the age of 18 to consent to their own operations (section 39(4)). Neither a maturity assessment nor parental assistance was required. (Note that when the Child Care Act was in operation the majority age was still 21 years.) In this article the question is considered if the relaxation of the limitations on children's capacity to consent to medical treatment and surgical operations in the Children's Act recognises the right of children to make independent decisions without the assistance of their parents or guardians or other substitute decision-makers. Firstly the article investigates the theoretical foundations of the protection of children's rights, particularly their autonomy rights. Secondly the meaning of the concept "competence" in medical decision-making and the related concept of "informed consent" are discussed. Thirdly some developmental and neuroscientific research on children's decision-making capacities and how they influence children's competence to give consent valid in law are highlighted. Fourthly possible legal foundations for the protection of children's right to self-determination in medical decision-making are sought in the Constitution and international and regional human rights treaties. Finally the relevant provisions of the Children's Act are examined in order to ascertain whether children's right to self-determination is sufficiently protected in South African law
10
Boniface, Amanda. "African-Style Mediation and Western-Style Divorce and Family Mediation: Reflections for the South African Context." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 5 (June 1, 2017): 377. http://dx.doi.org/10.17159/1727-3781/2012/v15i5a2529.
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Both Western-styled mediation and African-styled mediation are practised in South Africa. Each of these models is applied in specific social contexts. In this article a brief explanation of what is meant by the term divorce and family mediation is provided. Thereafter the principles and processes of both Western-styled divorce and family mediation and African-styled group mediation are explored. Attention is given to the roles of mediators in both of these models as well as the ubuntu-styled values found in African group mediation. In Africa, there is a tradition of family neighbourhood negotiation facilitated by elders and an attitude of togetherness in the spirit of humanhood. Both of these show a commitment to the community concerned and a comprehensive view of life. In Africa conflicts are viewed as non-isolated events and are viewed in their social contexts. Not only are consequences for the disputing parties taken into account but also consequences for others in their families. These methods can be found in present-day methods, which are either used independently of imported Western structures or used alternatively to such structures. In this article the concept of mediation circles, as currently found in Western-styled mediation are also covered. Additionally, the provisions of the Children’s Act 38 of 2005 referring to mediation as well as the provisions of the Child Justice Act 75 of 2008 and family group conferencing in the realm of restorative justice in South Africa are critiqued. It is suggested that divorce and family mediation can learn from the principles of restorative justice applied during family group conferencing as well as from African-styled group mediation.
11
Kruger, Hester B., and Hennie Oosthuizen. "South Africa – Safe Haven for Human Traffickers? Employing the Arsenal of Existing Law to Combat Human Trafficking." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 1 (May 22, 2017): 282. http://dx.doi.org/10.17159/1727-3781/2012/v15i1a2466.
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Having ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, South Africa is obliged to adopt legislative measures that criminalise human trafficking and comply with other standards laid down in this international instrument. However, by mid-2011, South Africa had not enacted the required comprehensive counter-trafficking legislation. The question that now arises is if the absence of such anti-trafficking legislation poses an insurmountable obstacle to the prosecution of traffickers for trafficking-related activities. In asking this question the article examines the utilisation of existing crimes in order to prosecute and punish criminal activities committed during the human trafficking process. Firstly, a selection of existing common law and statutory crimes that may often be applicable to trafficking-related activities is mapped out. Secondly, transitional trafficking provisions in the Children's Act 38 of 2005 and the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 are discussed. Finally, since the Prevention and Combating of Trafficking in Persons Bill B7 of 2010 will in all probability be enacted in the near future, the use of other criminal law provisions in human trafficking prosecutions, even after the passing of this bill into law, is reflected upon.
12
Basson, Yvette. "Selected Developments in South African Labour Legislation related to Persons with Disabilities." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (May 25, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1216.
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In South Africa marginalised groups have historically been afforded legislative protection in order to ensure that the rights of these groups are respected, protected, promoted and fulfilled. Examples of two such groups are older persons, whose rights are provided for in terms of the Older Persons Act 13 of 2006 and children, whose rights are provided for in terms of the Children's Act 38 of 2005. Persons with disabilities have, however, not yet been the subject of dedicated legislation outlining the content of the rights to which they are entitled. As a result of this lack of dedicated legislation, the rights of persons with disabilities are dealt with in a piecemeal fashion, often in disparate pieces of legislation.In addition to this focus on the rights of persons with disabilities, South African labour law has recently undergone extensive amendments. These amendments have led to the rights of persons with disabilities in the workplace being affected substantially. Since these amendments are as yet untested, little scrutiny of these provisions and the effect they may have on persons with disabilities has been undertaken. This article will thus discuss selected amendments of the labour legislation, and interrogate the practical effect these amendments may have on the rights of such persons. Of particular importance for the purposes of this article is the updating of an existing institution known as Sheltered Employment Factories, as well as the introduction of harsher penalties for employers who remain non-compliant with certain provisions of the Employment Equity Act 55 of 1998.
13
Spijker, Arda, and Madelene De Jong. "Family Conferencing: Responsibility at Grassroots Level – A Comparative Analysis between the Netherlands and South Africa." Potchefstroom Electronic Law Journal 24 (April 22, 2021): 1–32. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a9325.
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As family group conferencing is gaining world-wide recognition as an alternative dispute resolution process, this article aims to outline the origin and relevance of this process, which promotes solution-finding to family problems by the family themselves and/or the social network and usually results in a plan or agreement that will be implemented collaboratively by the people involved. Although it was originally used in child protection matters, the process is now used for a wide range of problems pertaining to families and individual family members, including divorce matters, the illness or death of a family member, the care of the elderly, family financial problems, bullying, addiction cases, domestic violence and child justice matters. The process is also suitable for application in problems concerning any group, neighbourhood or school. Next, the application of family group conferencing in both the Netherlands and South Africa is first examined and then briefly compared. It appears that family group conferencing through Eigen Kracht in the Netherlands is an established practice which consists of a relatively simple and quick process and yields positive results for families/communities experiencing problems. Recently the Dutch Youth Act of 2015 (Jeugdwet) made legislative provision inter alia for a family group plan to be drafted by parents, in conjunction with next-of-kin or others who are part of the social environment of a youth/juvenile person. On the other hand, although extensive legislative provision is made for family group conferencing by the Children's Act 38 of 2005 in children's court proceedings and by the Child Justice Act 75 of 2008 in the child justice system in South Africa, the process has not yet reached its potential in terms of the implementation of the concept. Lastly, some recommendations are made which mainly aim to contribute to the implementation of the concept in South Africa, in that the model will eventually be fully developed and utilised for the benefit of individuals, children, their families and/or social network.
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Glynis van der Walt. "A Consideration of Sections 249, 250 and 259 of the Proposed Third Amendment Bill to the Children’s Act in Light of the Best Interests Principle." Obiter 41, no. 4 (March 24, 2021): 934–47. http://dx.doi.org/10.17159/obiter.v41i4.10496.
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With the promulgation of the Constitution in 1996, national legislative recognition was given to the principle that a child’s best interests are of paramount importance in every matter concerning the child (s 28(2) of the Constitution of the Republic of South Africa, 1996). Section 28(1)(b) expressly provides for the right of a child to family care, parental care or appropriate alternative care. Based on economic and other factors, developing countries like South Africa experience difficulties in meeting the constitutional right of a child to have his or her best interests met and the placement of an orphaned or abandoned child (OAC) in appropriate alternative care is no exception. In light hereof, the current note considers whether the proposed amendments to the Children’s Act (CA, Act 38 of 2005 as amended) introduced by the Third Amendment Bill (GG 42005 of 2019-02-25), with particular reference to sections 249, 250 and 259 comply with this constitutional right. These three sections are of particular relevance to placing a child in permanent care in the form of both national and intercountry adoption. In particular, section 249 makes provision that no consideration may be given in respect to adoption, section 250 limits the persons who are allowed to provide adoption services and section 259 makes provision for the accreditation for the provision of intercountry adoption services. All three sections are relevant to the adoption process of an OAC. Alternative care options available and the basis for determining which placement decided upon is deemed to be the most appropriate for the child concerned, are considered in light of the proposed amendments. A consideration of the current status of the child welfare system in South Africa as well as the statistics of the many children in need of alternative care, serves to provide a background in determining whether the proposed amendments meet and further the vulnerable OAC’s best interests.
15
Mokwena, Kebogile Mokwena. "Neglecting Maternal Depression Compromises Child Health and Development Outcomes, and Violates Children’s Rights in South Africa." Children 8, no. 7 (July 19, 2021): 609. http://dx.doi.org/10.3390/children8070609.
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The intention of the South African Children’s Act 38 of 2005 is to provide guarantees for the protection and promotion of optimum health and social outcomes for all children. These guarantees are the provision of basic nutrition, basic health care and social services, optimal family or parental care, as well as protection from maltreatment, neglect and abuse services. However, despite these guarantees, child and maternal mortality remain high in South Africa. The literature identifies maternal depression as a common factor that contributes to negative health and social outcomes for both mothers and their children. Despite the availability of easy-to-use tools, routine screening for maternal depression is not carried out in public health services, which is the source of services for the majority of women in South Africa. The results are that the mothers miss out on being diagnosed and treated for maternal depression, which results in negative child outcomes, such as malnutrition, as well as impacts on mental, social and physical health, and even death. The long-term impacts of untreated maternal depression include compromised child cognitive development, language acquisition and deviant behaviors and economic disadvantage in later life. The author concludes that the neglect of screening for, and treatment of maternal depression therefore violates the constitutional rights of the affected children, and goes against the spirit of the Constitution. The author recommends that maternal and child health services integrate routine screening for maternal depression, which will not only satisfy the Constitutional mandate, but also improve the health and developmental outcomes of the children and reduce child mortality.
16
Baase, Mathabo. "The Ratification of Inadequate Surrogate Motherhood Agreements and the Best Interest of the Child." Potchefstroom Electronic Law Journal 22 (May 21, 2019): 1–26. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a6083.
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South Africa has developed domestic legislation governing all surrogacy matters within the country. These provisions are contained in Chapter 19 of the Children's Act 38 of 2005.
In Ex parte MS; In re: Confirmation of Surrogate Motherhood Agreement 2014 2 All SA 312 (GNP), the commissioning parents did not adhere to the requirement provided by Chapter 19. The parties to the (initially informal) surrogacy agreement authorised the artificial fertilisation of the surrogate mother prior to the confirmation of the surrogate motherhood agreement by the court. In considering the best interest of the resultant child, the High Court decided to ratify the inadequate surrogate motherhood agreement.
This discussion aims to establish whether the court's judgement in Ex parte MS; In re: Confirmation of Surrogate Motherhood Agreement 2014 2 All SA 312 (GNP) was in accordance with the provisions of current legislation and case law. It furthermore aims to answer two primary questions: firstly, whether adjudicators should make use of the best interest of the child when ratifying inadequate surrogate motherhood agreements; and secondly, in what manner the court should go about implementing the best interest of the child when validating inadequate surrogate motherhood agreements.
It is submitted that courts should refrain from applying the best interest of the child as a constitutional right in inadequate surrogacy matters where the child is yet to be born alive, in accordance with the Digesta Texts. Parties to the invalid agreement should rather be instructed to make use of a section 22 parental responsibilities and rights agreement, a section 28 termination agreement, or adoption as provided for by chapter 15 of the Children's Act.
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Louw, Anne. "The Constitutionality of a Biological Father's Recognition as a Parent." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 13, no. 3 (June 19, 2017): 155. http://dx.doi.org/10.17159/1727-3781/2010/v13i3a2688.
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Despite the increased recognition afforded to biological fathers as legal parents, the Children's Act[1] still does not treat fathers on the same basis as mothers as far as the automatic allocation of parental responsibilities and rights is concerned. This article investigates the constitutionality of the differential treatment of fathers in this respect, given South Africa's international obligations, especially in terms of the United Nations Convention on the Rights of the Child, to ensure that both parents have common responsibilities for the upbringing of their child. After a brief consideration of the constitutionality of the mother's position as parent, the constitutionality of the father's position is investigated, firstly, with reference to Section 9 of the Constitution and the question of whether the differentiation between mothers and fathers as far as the allocation of parental responsibilities and rights is concerned, amounts to unfair discrimination. The inquiry also considers whether the differentiation between committed fathers (that is, those who have shown the necessary commitment in terms of Sections 20 and 21 of the Children's Act to acquire parental responsibilities and rights) and uncommitted fathers may amount to discrimination on an unspecified ground. Since the limitation of the father's rights to equality may be justifiable, the outcomes of both inquiries are shown to be inconclusive. Finally, the legal position of the father is considered in relation to the child's constitutional rights – the rights to parental care and the right of the child to the paramountcy of its interests embodied in Section 28 of the Constitution. While there appears to be some justification for the limitation of the child's right to committed paternal care, it is submitted that an equalisation of the legal position of mothers and fathers as far as the automatic acquisition of parental responsibilities and rights is concerned, is not only justified but imperative if the constitutional rights of children are to be advanced and protected.[1] 38 of 2005.
18
Sonnekus, JC. "Huweliksluiting én aanneming van kinders kragtens kulturele gebruike in stryd met die reg behoort kragteloos te wees – sed, ex Africa semper aliquid novi." Tydskrif vir die Suid-Afrikaanse Reg 2021, no. 2 (2021): 211–39. http://dx.doi.org/10.47348/tsar/2021/i2a1.
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Section 211(3) of the Constitution of the Republic of South Africa, 1996 provides that no recognition of customary norms may be upheld if such norms are in conflict with either the constitution or any other law that deals specifically with customary law: “The courts must apply customary law when that law is applicable, subject to the Constitution and any legislation that specifically deals with customary law.” The current Recognition of Customary Marriages Act 120 of 1998 deals explicitly with the recognition of customary marriages which are concluded in accordance with customary law (s 1). Customary law is defined as the “customs and usages traditionally observed among the indigenous African peoples of South Africa and which form part of the culture of those peoples”. It follows from a further reading of section 1 that a customary marriage is reserved for those indigenous African peoples who observe such customs and usages. It is provided in section 10(4) that “[d]espite subsection (1), no spouse of a marriage entered into under the Marriage Act, 1961, is, during the subsistence of such marriage, competent to enter into any other marriage”. This must be read with the definitions contained in section 1: “‘customary law’ means the customs and usages traditionally observed among the indigenous African peoples of South Africa and which form part of the culture of those peoples; ‘customary marriage’ means a marriage concluded in accordance with customary law”. Without the requisite legal competency, no legal subject can enter into any relationship to which the law may attach any consequences. Nobody can enter into a customary marriage if any of the presumed future spouses is already in a civil marriage according to the Marriage Act 25 of 1961, not even if the two parties are married to each other. According to the custom of various indigenous nations, if a man enters into a valid customary marriage with a woman who had never been married before but who is the mother of children born out of wedlock (spurii), the metaphor applies that he “who takes the cow also acquires the calf”. He will as part and parcel of the lobola ceremony be seen as the adopting stepfather of his wife’s children, with all the accompanying consequences. He will automatically be responsible for the future maintenance of those children as his adoptive children and they will acquire all rights and privileges that are bestowed on a child, including the right to inheritance and the right to his family name. As a consequence of this new relationship, all legal ties with the biological father of the adopted child are severed and the biological father will no longer be responsible for the maintenance of his offspring. In January 2019 an erstwhile law professor from UNISA who still retained his German citizenship, was gravely ill and cared for on life-support at a hospital in the Pretoria district. While in hospital, he tied the marriage knot with Miss Vilakazi, a Zulu woman with whom he had been in a relationship for the past five years. Miss Vilakazi was a spinster, but she had a Zulu daughter who was born out of wedlock more than eight years previously out of a relationship with an erstwhile Zulu lover. This child had been in the care of her maternal grandmother in Natal and, according to Zulu customary norms, was considered part of the house of her maternal grandfather, Vilakazi. She consequently carried the name Vilakazi as her registered surname on her official birth certificate. The marriage, which was conducted on 29 January 2019 in the hospital in Pretoria, was concluded with adherence to all the requirements of Act 25 of 1961. The civil marriage was duly registered as such. The late professor passed away in the hospital barely three weeks later on 19 February 2019. Less than 24 hours before the demise of the professor a purported customary marriage was concluded, apparently on behalf of the professor with the recently married Mrs Schulze by proxy by a friend of his in the Newcastle district in Natal after having paid R60 000 as ilobolo. The ceremony was concluded with the ceremonial slaughtering of the prescribed goat. However, during this ceremony the groom was not present but on life support in a Pretoria hospital and not necessarily compos mentis – the court was told that he was represented by a friend. Zulu customary law, however, does not recognise a marriage concluded by proxy with a substitude bridegroom as was known in Roman-Dutch law as “a wedding with the glove”. Neither the Marriage Act nor the Recognition of Customary Marriages Act, however, recognises a second marriage after the conclusion of a civil marriage by any of the purported newly weds – even if both “spouses” had been present in person. The mother of the late Professor Schulze, after his demise in South Africa, amended her last will in Germany and appointed her lifelong partner as sole beneficiary of her significant estate. She passed away in Germany in October 2019. In November 2019 the recently married Mrs Schulze, on behalf of her minor daughter, successfully approached the high court in Pietermaritzburg, where Zaca AJ issued an order compelling the South African department of home affairs to issue the daughter with a new birth certificate that reflects the late Professor Schulze as her father. Notwithstanding the unease of the officials at home affairs with this court order, the minister of home affairs, Mr Motsoaledi, personally intervened in August 2020 and the new birth certificate was issued as requested. Relying on this newly issued birth certificate, the applicant claims an amount of not less than R8 million in Germany from the estate of the late mother of Professor Schulze. For this purpose, the applicant relies on a principle in German law, the Pflichtteilsanspruch, according to which any descendant of the deceased has a right to a prescribed portion, a so-called legitimate portion of the estate, if not mentioned or sufficiently bestowed in the last will. This raises a number of seriously flawed legal arguments that are analysed in this article. It is submitted that the perceived lobola marriage ceremony conducted on behalf of the late professor on 18 February 2019 in Newcastle, less than 24 hours before his demise, is void because of the explicit constitutional provision and the relevant section 10(4) of the Recognition of Customary Marriages Act 120 of 1998, which excludes any competency to enter into a customary marriage if any of the parties involved is already married. At the date of the perceived lobola ceremony, Mrs Schulze had already been civilly married to Professor Schulze for more than three weeks and thus both spouses lacked the necessary competency to enter into a valid customary marriage. Whether a valid customary marriage could have been concluded at all with a man who did not live according to the customs and usages of the Zulu, is also highly questionable. Because the perceived lobola marriage is a nullity, no legal consequences can flow from this nullity and the so-called customary adoption of the daughter (“the calf with the cow”) is a nullity too. At no stage was any of the requirements for a valid adoption as governed by the Children’s Act 38 of 2005 adhered to. The minister of home affairs should have immediately given notice of appeal after the unconvincing judgment of Zaca AJ was handed down in January 2020. As the responsible minister, he should guard the upholding of the constitution and the applicable legal provisions unambiguously contained in the relevant section 10(4) of Act 120 of 1998. It is a pity that the so-called adherence to the principles of the “rule of law” is not even paid lip service in this case. Bennett, as a renowned expert on customary law, correctly pointed out that the legal orders are not unconnected. It may never be assumed that the people concerned are unaware of how to manipulate the resources offered them by legal pluralism (A Sourcebook of African Customary Law for Southern Africa (1991) 50).
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Akhtar, Rajnaara. "OFSTED V AL-HIJRAH, THE CASE OF SEGREGATED SCHOOLS AND SEX DISCRIMINATION." Denning Law Journal 30, no. 1 (December 6, 2018): 167–84. http://dx.doi.org/10.5750/dlj.v30i1.1656.
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This case of HM Chief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al-Hijrah School was the unfortunate outcome of an Office for Standards in Education, Children’s Services and Skills (Ofsted) inspection which resulted in a cataclysmic breakdown in trust between the government agency and the Birmingham city based Al-Hijrah school. Following an Ofsted inspection carried out under section 5 of the Education Act 2005, the subsequent Report stated that the full segregation of female and male pupils in a mixed-sex school amounted to sex discrimination under the Equality Act 2010. Al-Hijrah School applied to the High Court for a judicial review of the report prior to its official publication. The High Court Justice considered a range of evidences including facts related to Ofsted procedure, and ruled that the segregation did not amount to a breach of the 2010 Act, as when taken as a group, the treatment of the boys and the girls was the same and so there was an absence of “less favourable treatment”.
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Khabibullina, Liliya Fuatovna. "THE SPACE OF LONDON IN THE I. MCEWAN’S NOVELS SATURDAY (2005) AND THE CHILDREN’S ACT (2014)." Philological Class, no. 3 (2019): 156–60. http://dx.doi.org/10.26170/fk19-03-22.
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Sferruzzi-Perri, Amanda N., Julie A. Owens, Kirsty G. Pringle, Jeffrey S. Robinson, and Claire T. Roberts. "Maternal Insulin-Like Growth Factors-I and -II Act via Different Pathways to Promote Fetal Growth." Endocrinology 147, no. 7 (July 1, 2006): 3344–55. http://dx.doi.org/10.1210/en.2005-1328.
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The placenta transports substrates and wastes between the maternal and fetal circulations. In mice, placental IGF-II is essential for normal placental development and function but, in other mammalian species, maternal circulating IGF-II is substantial and may contribute. Maternal circulating IGFs increase in early pregnancy, and early treatment of guinea pigs with either IGF-I or IGF-II increases placental and fetal weights by mid-gestation. We now show that these effects persist to enhance placental development and fetal growth and survival near term. Pregnant guinea pigs were infused with IGF-I, IGF-II (both 1 mg/kg·d), or vehicle sc from d 20–38 of pregnancy and killed on d 62 (term = 69 d). IGF-II, but not IGF-I, increased the mid-sagittal area and volume of placenta devoted to exchange by approximately 30%, the total volume of trophoblast and maternal blood spaces within the placental exchange region (+29% and +46%, respectively), and the total surface area of placenta for exchange by 39%. Both IGFs reduced resorptions, and IGF-II increased the number of viable fetuses by 26%. Both IGFs increased fetal weight by 11–17% and fetal circulating amino acid concentrations. IGF-I, but not IGF-II, reduced maternal adipose depot weights by approximately 30%. In conclusion, increased maternal IGF-II abundance in early pregnancy promotes fetal growth and viability near term by increasing placental structural and functional capacity, whereas IGF-I appears to divert nutrients from the mother to the conceptus. This suggests major and complementary roles in placental and fetal growth for increased circulating IGFs in early to mid-pregnancy.
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Lafleur, Michael, and Prachi Srivastava. "Children’s accounts of labelling and stigmatization in private schools in Delhi, India and the Right to Education Act." education policy analysis archives 27 (October 21, 2019): 135. http://dx.doi.org/10.14507/epaa.27.4377.
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India’s Right of Children to Free and Compulsory Education Act, 2009 compels private schools to reserve a proportion of their seats for free for disadvantaged children. Although controversial, it is idealized as an equity measure for inclusion in and through education. This small-scale study, feeding into a larger research project, details children’s accounts of their everyday lived experiences at private schools in Delhi. Children reported labelling students by teachers as ‘naughty’ or academically ‘weak’ or ‘incapable’ as a pervasive practice. These ‘designated identities’ (Sfard & Prusak, 2005) were reinforced by teachers and through peer interactions. They were internalized by participants about their peers and affected how they interacted with them. Peers who were labelled were reported to be stigmatized. Surprisingly, neither caste nor gender were mentioned as explicitly marking participant experiences. The paper also discusses the participatory methods employed in the study as a further contribution to the literature on private schooling. Data are from participatory ‘draw-and-talk’ sessions conducted with 16 children in 2015-16 from marginalized backgrounds, accessing six different private schools in one catchment area, half of whom secured a free private school seat. Participants were from amongst the first cohorts eligible for the free seats provision.
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Crowe, Kate. "Secure Welfare Services: Risk, Security and Rights of Vulnerable Young People in Victoria, Australia." Youth Justice 16, no. 3 (July 31, 2016): 263–79. http://dx.doi.org/10.1177/1473225416639396.
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The Victorian Children Youth and Families Act 2005 authorises the detention of children aged 10–17 years in Secure Welfare Services (SWS) if there is a substantial and immediate risk of harm. Children are generally on protection orders and administratively detained by the Department of Human Services. In 2014, the Children, Youth and Families Amendment (Security Measures) Bill 2013 was passed uncontested in parliament. It codifies existing SWS practices including searches, seizure of property, use of force and seclusion. The Security Measures Bill and associated government discourse construct children as risk and security as a necessary precursor to meeting their welfare needs. These conceptualisations problematise the safeguarding of children’s rights.
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Gao, Ying, Martti Melin, Karoliina Mäkäräinen, Timo Rantalainen, Arto J. Pesola, Arto Laukkanen, Arja Sääkslahti, and Taija Finni. "Children’s physical activity and sedentary time compared using assessments of accelerometry counts and muscle activity level." PeerJ 6 (August 21, 2018): e5437. http://dx.doi.org/10.7717/peerj.5437.
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Background This research compared accelerometry (ACC)-derived and muscle electromyography (EMG)-based estimates of physical activity (PA) and sedentary time in typical PA tasks and during the daily lives of children. Methods Data was included from two exploratory studies. In Study I, 6–7-year-old children (n = 11, 64% girls) were assessed for eight PA tasks (walking, stair negotiation, climbing, crawling, swinging, balancing, trampoline jumping and a game of tag). In Study II, 7–9-year-old children (n = 14, 38% girls) were assessed for six PA tasks (walking, sitting, static squat, single leg hops, jump for height and standing long jump), and daily PA during one day with and one day without structured exercise. Quadriceps and hamstring muscle activity and inactivity using EMG shorts and acceleration by waist-mounted accelerometer were simultaneously measured and classified as sedentary, light, moderate and vigorous activity. Data from ACC was further analyzed using five different published cut-off points and varying time windows (1−60 s) for comparison with EMG. Results In the PA tasks ACC counts and EMG amplitude showed marked differences in swinging, trampoline jumping, crawling, static squat, single leg hops, standing long jump and jump for height, the difference being over 170% when signals were normalized to that during walking. Furthermore, in walking, swinging, trampoline jumping, stair negotiation and crawling ACC classified over 60% of the time as vigorous-intensity activity, while EMG indicated primarily light- and moderate-intensity activities. During both days with and without exercise, ACC resulted in greater proportion of light activity (p < 0.01) and smaller proportion of moderate activity compared to EMG (p < 0.05). The choice of cut-off points and epoch length in ACC analysis influenced the classification of PA level and sedentary time. In the analysis of daily activities the cut-off points by Evenson et al. (2008) with epochs of 7.5 s and 15 s yielded the smallest difference (less than 10% of recording time at each intensity) against EMG-derived PA levels. Discussion This research provides novel insight on muscle activity and thereby on neuromuscular loading of major locomotor muscles during normal daily activities of children. While EMG and ACC provided similar estimates of sedentary time in 13 typical PA tasks, duration of light, moderate and vigorous PA varied considerably between the methods especially during walking, stair negotiation, crawling, swinging and trampoline jumping. Evenson et al.’s (2008) cut-off points with ≤15 s epoch provided similar classification of PA than EMG during daily life. Compared to impacts recorded using ACC, EMG can provide understanding on children’s neuromuscular loading during motor tasks that is useful when studying effects of PA interventions on, and development of, motor competence and coordination.
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Ripley, Sian, Sarah Jones, and Alastair Macdonald. "Capacity assessments on medical in-patients referred to social workers for care home placement." Psychiatric Bulletin 32, no. 2 (February 2008): 56–59. http://dx.doi.org/10.1192/pb.bp.106.013219.
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Aims and MethodsTo investigate the feasibility of a clinical algorithm to assess capacity and examine the relationship between its results and the assessments of capacity by others involved in the decision of a patient to permanently enter a care home from a medical ward.ResultsA total of 23 patients out of 38 (60.5%, 95% CI 44–77) had some mention of capacity in any type of record (medical, social work or nursing). At formal assessment 47% of older patients lacked capacity.Clinical ImplicationsThe absence of any recorded assessment in at least a third of patients is worrying, given the importance of the decision to the patients' lives and their financial status. It is to be hoped that the implementation of the Mental Capacity Act (2005) will rectify this situation.
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Khan, Momina A. "Unpacking Self and Silence: Looking Inward, Looking Outward, Looking Through." Art/Research International: A Transdisciplinary Journal 3, no. 1 (March 1, 2018): 132–54. http://dx.doi.org/10.18432/ari29219.
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Looking inward as a mother, I see that autobiographical narrative inquiry has further deepened my understanding that my children’s dual identity (Muslim Canadians) is not breaking them apart, rather putting them together. Looking outward as a researcher, poetic representation has given me a voice where, instead of fearing silence, I am able to “inhabit a more ambiguous and flexible sense of self” (Boler, 1999, p. 176). I am able to act as an interpreter between the chaos of my experiences and an assembly of unbroken monologues and sporadic dialogues. Finally, looking through as an amateur poet, I practice poetry “as a method of inquiry to move into [my] own impossibility, where anything might happen—and will” (St. Pierre, 2005, p. 973). I create opportunities for meaning making and insights as my stories and poems resonate for others, and in how my stories inform, enhance, and deepen parents’ and educators’ knowledge and conceptualizations of an inclusive school community.
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Booth, Christopher M., Gavin Li, James Joseph Biagi, Monika K. Krzyzanowska, William J. Mackillop, and Sulaiman Nanji. "Surgical resection and peri-operative chemotherapy for colorectal cancer (CRC) liver metastases in routine clinical practice: A population-based outcomes study." Journal of Clinical Oncology 30, no. 15_suppl (May 20, 2012): 3632. http://dx.doi.org/10.1200/jco.2012.30.15_suppl.3632.
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3632 Background: Resection of liver metastases combined with peri-operative chemotherapy is an important treatment option for patients with advanced CRC. Most of the literature describes outcomes achieved in highly selected patients treated at a few high volume institutions. Here we report the results of a population-based study of the management and outcome of all patients who underwent resection of CRC liver metastases in Ontario, Canada. Methods: All cases of CRC in Ontario who underwent surgical resection of liver metastases in 1994-2009 were identified using the population-based Ontario Cancer Registry (OCR). The OCR captures diagnostic and demographic information on ~98% of all incident cancer cases in Ontario. We linked electronic records of treatment to the OCR to identify surgery, neoadjuvant (NACT) and adjuvant chemotherapy (ACT). We describe time trends in treatment and survival using 3 study periods: 1994-1999, 2000-2004, 2005-2009. Results: During 1994-2009, 2717 patients underwent resection of CRC liver metastases in Ontario; mean age was 65 years and 61% were male. From 1994-2009 there was a 103% increase in the number of patients undergoing resection of liver metastases (117/year to 237/year) while incident cases of CRC during this time increased by 31% (5285/year to 6956/year). Use of NACT increased over the study period: 94-99, 11% (78/700); 00-04, 15% (124/830); 05-09, 36%; (424/1187), (p<0.001). Use of ACT also increased: 94-99, 38% (263/700); 00-04, 40% (335/830); 05-09, 45% (532/1187), (p=0.006). In 2005-2009 there was substantial variation across geographic regions in use of NACT (range 19% to 46%, p=0.029) and ACT (range 31% to 56%, p=0.015). Five year overall survival during the 3 study periods was 36% (95%CI 32-39%), 40% (95%CI 36-43%), and 47% (95%CI 43-51%) (p<0.001). Conclusions: Resection of CRC liver metastases in routine practice in the general population of Ontario is associated with survival outcomes that are comparable to those reported in case series from leading comprehensive cancer centres. Survival improved over the study period despite a greater proportion of patients with CRC undergoing liver resection.
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TANTUCCI, Vittorio. "From Co-Actionality to Extended Intersubjectivity: Drawing on Language Change and Ontogenetic Development." Applied Linguistics 41, no. 2 (November 28, 2018): 185–214. http://dx.doi.org/10.1093/applin/amy050.
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Abstract This article combines research results centred on theory of mind (ToM) from cognitive and developmental psychology (Goldman 2006; Apperly 2010; Wilkinson and Ball 2012) with the notion of intersubjectivity in usage-based linguistics (i.a. Verhagen 2005; Nuyts 2012; Traugott 2012). It identifies some of the controversies in the literature from both domains and suggests the desiderata for a hybrid approach to intersubjectivity, which is distinctively designed to tackle applied research in social and cognitive sciences. This model is based on a mismatch between interaction as mere ‘co-action’ vs. interaction as spontaneously communicated awareness of an(other) mind(s). It provides a case study centred on the first language acquisition of pre-nominal usage of this/that and such. From, respectively, a distinctive collexeme (Gries and Stefanowitsch 2004) and behavioural profile analysis (Gries 2010) will emerge that beyond expressions of joint attention, children’s ToM ability progressively underpins ‘ad-hoc’ generalized instantiations based on extended intersubjectivity, viz. the socio-cognitive skill to problematize what a general persona would act, feel, or think in a specific context.
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Winkworth, Gail, and Morag McArthur. "Being ‘child centred’ in child protection: What does it mean?" Children Australia 31, no. 4 (2006): 13–21. http://dx.doi.org/10.1017/s1035077200011305.
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In 2005 the Institute of Child Protection Studies, Australian Catholic University, was approached by the ACT Government and asked to evaluate the ‘child centredness’ of its child protection policies and procedures. An early review of the literature discovered some use of the term ‘child centred’ in government documents but very little clear indication of its meaning in the theoretical and empirical literature. This paper canvasses the literature and develops a set of principles for child centred practice which may apply to all child and family agencies. In developing these principles, the researchers identified four key themes which provide a broad, overarching framework for child centred approaches. These themes emphasise the importance of: recognising critical time frames in childhood and adolescence; taking into account the developmental needs of children and young people in all practice contexts; providing children and young people with appropriate opportunities to participate in decisions that affect them; and promoting a collaborative approach to influencing children’s multiple environments. The researchers claim these principles can be used to provide the basis for evaluating policies and practices and for ongoing training.
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Ding, Ruyi, Wei He, and Qian Wang. "A Comparative Analysis of Emotion-Related Cultural Norms in Popular American and Chinese Storybooks." Journal of Cross-Cultural Psychology 52, no. 2 (February 2021): 209–26. http://dx.doi.org/10.1177/0022022120988900.
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Storybooks written for young children contain rich information on emotions and act as important educational tools for children’s emotion socialization. The current study aims to investigate how cultural norms regarding emotions are portrayed in the narratives of popular storybooks across cultures. Thus, in this study, 38 bestselling Chinese storybooks written by Chinese authors and 42 bestselling American storybooks by European-American writers were compared. The narratives were coded with a focus on emotion-related content and further analysed using binary logistic regressions. The findings revealed that American storybooks were more likely to present positive (vs. negative) emotions, negative powerful (vs. negative powerless) emotions, and supportive (vs. unsupportive and teaching) responses to negative emotions than Chinese storybooks, but less likely to present social (vs. personal) themes, other-based (vs. self-based) attribution, and teaching (vs. supportive and unsupportive) responses to negative emotions. However, the results found no cultural variation in the prevalence of intrinsic (vs. extrinsic) interpersonal emotion regulation. The findings suggest that elements of emotion-related content coexist in both cultures although the relative salience of such content differs across cultures.
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Ball, Chad G., Marc P. Dupre, Vincent Falck, Susan Hui, Andrew W. Kirkpatrick, and Zu-Hua Gao. "Sessile Serrated Polyp Mimicry in Patients With Solitary Rectal Ulcer Syndrome: Is There Evidence of Preneoplastic Change?" Archives of Pathology & Laboratory Medicine 129, no. 8 (August 1, 2005): 1037–40. http://dx.doi.org/10.5858/2005-129-1037-sspmip.
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Abstract Context.—Solitary rectal ulcer syndrome (SRUS) is associated with erythema and ulceration of the rectal wall. Serrated lesions of the colon are divided into conventional hyperplastic polyps and a new set of lesions that are variably called sessile serrated polyps (SSPs) and sessile serrated adenomas. The SSPs are epithelial proliferative lesions that appear to act as a unique pathway to colorectal carcinogenesis. No association between SRUS and SSPs has been previously reported. Objective.—To assess a possible association between SRUS and morphologic features that mimic SSPs. Design.—Twenty-six patients with SRUS, who presented to our institution between January 1, 1999, and November 14, 2004, were retrospectively reviewed for SSP-type morphologic features by 3 pathologists. Ki-67 and hMLH1 immunohistochemical stains were used. Control tissues included 10 conventional left-sided hyperplastic polyps, 10 right-sided large SSPs, 7 adenocarcinomas with known loss of hMLH1 gene expression, and 4 normal human tonsil tissues. Results.—Ten (38%) of 26 SRUS specimens demonstrated histologic features consistent with SSPs. These features included exaggerated serration within the lower crypt compartments, crypt branching, hypermucinous appearance of epithelium, and horizontal extension of crypt bases along the muscularis mucosa. All 10 cases of SRUS had positive basal Ki-67 staining in 10% to 20% of cells. Two (20%) of the 10 cases demonstrated focal superficial loss of hMLH1 mismatch repair gene expression within areas of serrated morphologic features. One hyperplastic polyp superimposed on SRUS showed a reduced number of surface epithelial cells that express hMLH1 protein. Conclusions.—Up to 38% of patients with SRUS have histologic changes that mimic SSPs. More importantly, 20% of these serrated lesions were found to have focal loss of hMLH1 gene expression, indicating a potential of preneoplastic change. This phenomenon may reflect an increased propensity for neoplastic progression in response to repeated trauma and repair process in certain cases of SRUS.
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Botes, Anri, and Laetitia Fourie. "Werknemers as Lasgewende Ouers in Surrogasie-Aangeleenthede: Die Geboorte van nuwe Verlof-behoeftes in Suid-Afrika." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (May 4, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1373.
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Commissioning parents in terms of a surrogacy agreement have the same parental obligations as traditional parents towards their child. However, since the legitimising of surrogacy in terms of the Children’s Act in 2005, no provision has been made to accommodate the need for leave from work for commissioning parents in order to fulfil their obligations in this regard. The only form of recourse available to commissioning parents may be found in section 27 of the Basic Conditions of Employment Act (BCEA) which provides for family responsibility leave of three days. It is submitted that this is insufficient. In the matter of MIA v State Information Technology Agency, it was mentioned in passing that amendments to current labour legislation are necessary to address the lacunae in this respect. As was seen in this matter, the absence of legislative provisions regarding relevant leave will likely give rise to claims of discrimination based on various grounds. The Labour Laws Amendment Bill 2015 has since proposed amendments to the BCEA regarding, amongst others, leave for surrogacy matters. It currently proposes ten weeks commissioning parental leave to be available to one commissioning parent and ten days ordinary parental leave to the other, to be taken from the date of birth. Although the Bill is welcomed, various concerns pertaining to the duration and management of the various types of leave can be identified that need urgent address, particularly as far as the best interests of the child is concerned. The latest developments in the United Kingdom in relation to the above matter provides that its legal system serves as a worthy comparator to provide guidance as to how the Bill may be improved in order to protect all the relevant parties to a surrogacy agreement, as well as the child born in terms thereof.
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Yoshii, Yumi, Masanori Matsumoto, Kurumatani Norio, Ayami Isonishi, Masahito Uemura, Yuji Hori, Masaki Hayakawa, Hideo Yagi, Charles L. Bennett, and Yoshihiro Fujimura. "Introduction of a Quick Assay for ADAMTS13 Activity Improved a Survival of Acquired TTP Patients Who Received Platelet Transfusions." Blood 124, no. 21 (December 6, 2014): 4209. http://dx.doi.org/10.1182/blood.v124.21.4209.4209.
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Abstract Introduction: Daily plasma exchange (PE) has become a definitive first-line treatment for acquired thrombotic thrombocytopenic purpura (TTP). However, it remains to be controversial whether platelet transfusion is harmful or not for patients with acquired TTP during initial treatment. Some articles showed that platelet transfusion was considered as hazardous because platelet transfusion might generate widespread fresh platelet aggregates in circulation, but others reported that the mortality rate was not different between patients with and without platelet transfusion. Herein, we conducted a retrospective analysis of a large cohort of patients with acquired idiopathic TTP (ai-TTP) in Japan evaluating whether platelet transfusion was associated with unfavorable outcomes. Patients and Methods: Our laboratory has been functioning as a nationwide referral center for thrombotic microangiopathies (TMAs) in Japan. We collected a large dataset of medical information on 1211 patients with TMA from March 2000 to December 2013. Among them, 263 were ai-TTP patients with severe deficiency (<10% of normal controls) of ADAMTS13 activity (ADAMTS13:AC), with positive anti-ADAMTS13 inhibitors. These ai-TTP patients were retrospectively analyzed in detail using reported medical records that contained detailed clinical data and outcome information. ADAMTS13:AC was determined by classic von Willebrand factor multimer (VWF) assay. These results were available within 4 to 7 days in the initial period (March 2000 to March 2005, n=91). Subsequently, with use of a chromogenic ADAMTS13-act-ELISA, reporting occurred within 2 days of obtaining a plasma sample (April 2005 to December 2013, n=172). All plasma samples collected before March 2005 were re-examined by act-ELISA. Results: In 263 ai-TTP patients, 48 patients received platelet transfusions during the initial treatment and 215 did not. Factors associated with increased mortality included age greater than 60 years and presentation with central nervous system (CNS) dysfunction (p<0.05 for each), but not use of platelet transfusions [22.9% (11/48) versus 17.7% (38/215), respectively]. Next, we analyzed the mortality rate in 2 groups categorized by method of ADAMTS13 activity assay. In the initial period using classic VWF assay, mortality of patients with platelet transfusion tended to be higher versus those without platelet transfusions (p=0.051, Log-rank test) as shown in Figure left (Kaplan-Meier survival curve). In contrast, in the latter period using the more rapid act-ELISA, no differences in mortality of patients with versus without platelet transfusions was noted (p=0.52, Figure right). To evaluate whether platelet transfusion is a significant hazard for patients with ai-TTP, Cox-proportional-hazards regression analysis was performed using 5 variables (age, sex, rituximab use, presence of CNS dysfunction, and platelet transfusion). Older age and use of platelet transfusion were independently associated with mortality in the initial period, and age and presence of CNS dysfunction were identified as unfavorable factors in the latter period (Table). Conclusions: Our results clearly indicated that platelet transfusion was harmful in ai-TTP patients with severe deficiency of ADAMTS13:AC before 2005 (when a quick ADAMTS13:AC assay was unavailable). After 2005 (when a quick ADAMTS13:AC assay available), the survival rate of ai-TTP patients with platelet transfusions became almost indistinguishable from those without. This result may indicate that persistent PE after platelet transfusion together with confirmation of severe ADAMTS13:AC reduces risk for aggravated platelet thrombi formation in microvasculatures of patients. However, use of platelet transfusion before PE may lead to serious thrombotic complications in heart and brain, a complication that should be avoided. Figure 1 Figure 1. Disclosures Matsumoto: Alfresa Pharma Corporation: Patents & Royalties. Fujimura:Alfresa Pharma Corporation: Patents & Royalties.
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Almeida, Patrícia, and Luísa Agante. "Comparing consumer decision skills in institutionalized vs family children." Journal of Consumer Marketing 33, no. 1 (January 11, 2016): 61–74. http://dx.doi.org/10.1108/jcm-03-2015-1344.
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Purpose – The aim of this study is to assess and compare consumer skills of institutionalized children with those of family children. This paper also seeks to understand which skills might be more easily improved amongst institutionalized children with a single intervention of classroom instruction. Design/methodology/approach – This paper conducted a pilot study with a sample composed of two subgroups (38 institutionalized children and 36 non-institutionalized children). To assess children’s knowledge, a questionnaire and an interview were used. The class intervention lasted 30 minutes. Findings – Results suggest that institutionalized children have lower levels of knowledge regarding consumption-related practices and lower levels of accuracy at estimating prices than non-institutionalized children. Results also showed that, in other skills, there are no differences between institutionalized or family children, as in attitude toward advertising or in making decisions based on price/quantity evaluations or based on the use of the same strategy in different situations. Regarding the class intervention, it was concluded that it could improve the attitude toward advertising of only the institutionalized children. Originality/value – There is much research today focused on children’s ability to act as educated consumers. This research is focused mainly on children who live with their parents, but it is also important to take into consideration children who do not live in a typical family environment, the institutionalized children, because they will also become consumers. Research on institutionalized children is focused on evaluating their development and well-being and does not assess consumer competencies and skills.
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Rosebush, Christina E., Brian Zaidman, Katherine E. Schofield, Darin J. Erickson, Breca Tschida, Marizen Ramirez, and Patricia M. McGovern. "Evaluation of the Minnesota Safe Patient Handling Act: trends in workers’ compensation indemnity claims in nursing home workers before and after enactment of the law." Occupational and Environmental Medicine 78, no. 1 (September 7, 2020): 22–28. http://dx.doi.org/10.1136/oemed-2020-106575.
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ObjectivesThe 2007 Minnesota Safe Patient Handling Act aims to protect healthcare workers from injuries caused by lifting and transferring patients. The effectiveness of the law in nursing homes is unknown. This policy evaluation measured changes in patient handling injuries before and after the law was enacted. Additionally, it assessed whether effects of the law were modified by facility levels of staffing and retention.MethodsWorkers’ compensation indemnity claims for years 2005–2016 were matched to annual direct care productive hours and facility characteristics (eg, profit status, hospital affiliation and region) for all Medicaid-certified nursing homes in Minnesota. Trends in patient handling claims were analysed using negative binomial regression with generalised estimating equations. The primary predictors were time period, staff hours per resident day and staff retention.ResultsThe patient handling indemnity claim rate declined by 25% in years 4–6 and 38% in years 7–9 following enactment of the law. Claims for all other injuries and illnesses declined by 20% in years 7–9 only. Associations between time period and patient handling claims did not vary by levels of staffing or retention. However, independent of time, facilities with annual retention ≥75% (vs <65%) had a 17% lower patient handling claim rate.ConclusionsResults suggest the law reduced patient handling claims in nursing homes. However, claim rates were elevated in facilities with low worker retention and those that were non-profit, not hospital-affiliated or in a non-metro area. Facilities with these characteristics may benefit from targeted state grants and consultation efforts.
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Ginnyatulina, Rufiya I. "International practices of quality management in healthcare (a review)." Science and Innovations in Medicine 4, no. 4 (December 15, 2019): 38–43. http://dx.doi.org/10.35693/2500-1388-2019-4-4-38-43.
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An analysis of international publications revealed a growing interest in all aspects of quality in medical care, especially in the definition of the concept of quality in healthcare. In the world community, the following approaches to quality management are widely used: the Total Quality Control (TQC); Total Quality Management (TQM), which includes Quality Assurance and Quality Improvement; Continuous Quality Improvement (CQI); Lean management, including Hoshin Kanri's policy and PDCA's Deming - Shuhart Cycle (Plan-Do-Check-Act). Practical implementation of the principles of General Quality Management (TQM) and Continuous Quality Improvement (CQI) is based on the models of business improvement in quality management: the EFQM (European Foundation for Quality Management) model, the MBQA (Malcolm Baldrige Quality Award) model and the Chronic Care Model. In management ofmedical organizations, the International standards for services perfection are more often used, which use the experience of quality assurance, as well as the international systems and standards: JCI, ISO 9001, IWA1, ISO 15189, ISO 14000, OHSAS 18001. The ISO interstate standards represent the international consensus of world practice in quality management. Nowadays, medical organizations use the following standards: SRPS ISO 9001: 2015, SRPS EN 15224: 2017, SRPS EN ISO 15189: 2014, SRPS EN ISO 13485: 2017, IWA 1: 2005. In the period of globalization of the world economy and healthcare, the best international practices should form the basis for improving domestic health care in medical care quality management.
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Bekelis, Kimon, Symeon Missios, Todd A. MacKenzie, Nicos Labropoulos, and David W. Roberts. "A predictive model of hospitalization cost after cerebral aneurysm clipping." Journal of NeuroInterventional Surgery 8, no. 3 (January 12, 2015): 316–22. http://dx.doi.org/10.1136/neurintsurg-2014-011575.
Full textAbstract:
BackgroundCost containment is the cornerstone of the Affordable Care Act. Although studies have compared the cost of cerebral aneurysm clipping (CAC) and coiling, they have not focused on identification of drivers of cost after CAC, or prediction of its magnitude. The objective of the present study was to develop and validate a predictive model of hospitalization cost after CAC.MethodsWe performed a retrospective study involving CAC patients who were registered in the Nationwide Inpatient Sample (NIS) database from 2005 to 2010. The two cohorts of ruptured and unruptured aneurysms underwent 1:1 randomization to create derivation and validation subsamples. Regression techniques were used for the creation of a parsimonious predictive model.ResultsOf the 7798 patients undergoing CAC, 4505 (58%) presented with unruptured and 3293 (42%) with ruptured aneurysms. Median hospitalization cost was US$24 398 (IQR $17 079 to $38 249) and $73 694 (IQR $46 270 to $115 128) for the two cohorts, respectively. Common drivers of cost identified in the multivariate analyses included the following: length of stay, number of admission diagnoses and procedures, hospital size and region, and patient income. The models were validated in independent cohorts and demonstrated final R2 values very similar to the initial models. The predicted and observed values in the validation cohort demonstrated good correlation.ConclusionsThis national study identified significant drivers of hospitalization cost after CAC. The presented model can be utilized as an adjunct in the cost containment debate and the creation of data driven policies.
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Strode, Ann Elaine, H. Van Rooyen, and T. Makusha. "Is it lawful to offer HIV self-testing to children in South Africa?" Southern African Journal of HIV Medicine 14, no. 4 (November 22, 2013): 151–54. http://dx.doi.org/10.4102/sajhivmed.v14i4.49.
Full textAbstract:
Health-facility-based HIV counselling and testing does not capture all children and adolescents who are at risk of HIV infection. Self-testing involves conducting an HIV test at home or in any other convenient space without the involvement of a third party. It is increasingly being argued that it should be incorporated into national HIV-prevention programmes as one of a range of HIV counselling and testing approaches. Although this model of HIV testing is being seen as a new way of reaching under-tested populations, no studies have been conducted on offering it to children. HIV self-tests are now available in South Africa and are sold without the purchaser having to be a certain age. Nevertheless, all HIV testing in children must comply with the norms set out in the Children’s Act (2005). Here we explore whether offering self-testing to children would be lawful, by outlining the four legal norms that must be met and applying them to self-HIV testing. We conclude that, although children above the age of 12 years could consent to such a test, there would be two potential obstacles. Firstly, it would have to be shown that using the test is in their best interests. This may be difficult given the potential negative consequences that could flow from testing without support and the availability of other testing services. Secondly, there would need to be a way for children to access pre- and post-test counselling or they would have to be advised that they will have expressly to waive this right. The tests are more likely to be lawful for a small sub-set of older children if: (i) it assists them with HIV-prevention strategies; (ii) they will be able to access treatment, care and support, even though they have tested outside of a health facility; and (iii) psychosocial support services are made available to them via the internet or cell phones.
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Lu, Zhiqiang, Zaina Parvez Qureshi, Brian Chen, Sudha Xirasagar, Paul Ray, Gowtham Rao, Isaac Lopez, et al. "Why Is Cancer Care So Expensive: Potential Implications of Fraud and Abuse." Blood 120, no. 21 (November 16, 2012): 4275. http://dx.doi.org/10.1182/blood.v120.21.4275.4275.
Full textAbstract:
Abstract Abstract 4275 Introduction: Annually, $82 billion to $272 billion is reportedly lost to federal health care fraud. Between 1996 and 2005, 379 federal health care fraud cases initiated by qui tam relators (“whistle blowers”) concluded, resulting in $9.3 billion in recoveries. Of these, pharmaceutical companies accounted for 13 cases (False Claims Act (FCA) cases, the primary statute invoked in health care fraud and abuse), but $3.9 billion of recoveries (4% of the cases and 39% of the financial recoveries). We report concluded FCA cases involving pharmaceutical manufacturers between 2006 and 2011. Oncology accounts for the largest per cent of total pharmaceutical expenditures. Over 90% of all new cancer pharmaceuticals cost > $20,000 for 12-weeks of treatment. Methods: Websites for the Department of Justice (DOJ), Taxpayers Against Fraud, Health and Human Services Inspector General's Office, Health Care Fraud and Abuse Control Project, and Lexis/Nexis were queried for pharmaceutical FCA cases (2006 to 2011). Results: Between 2006 and 2011, the DOJ closed 54 cases with pharmaceutical FCA violations, 38 with and 16 without qui tam relators, accounting for recoveries of $11.3 billion (mean $296 million) and $2.6 billion (mean, $165 million), respectively. Illegal marketing is the most common fraud allegations invoked against pharmaceutical manufacturers (19 cases). Pharmaceutical manufacturers accounted for 31% of total FCA cases, and 71.5% of total FCA recoveries (Table 1). Conclusion: Since the DOJ's shift of focus to pharmaceutical corporations in 2001, the trend has intensified, with virtually every large pharmaceutical corporation settling at least one FCA case. Pharmaceutical cases now account for 31% of the federal fraud cases and 71% of the financial recoveries. Fraud and abuse may be an important component of the high costs of cancer care in the United States. Moreover, unless fundamental changes occur, the pharmaceutical industry will continue to be the main FCA investigative target as this sector has the deepest pockets and is the health care sector most resistant to deterrence. Disclosures: No relevant conflicts of interest to declare.
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Nanni, O., P. Serra, C. Tison, M. De Castro, R. Ridolfi, F. Falcini, D. Amadori, V. Erroi, and E. Meggiolaro. "Survey of the sociodemographic and motivational profile of volunteers in oncology." Journal of Clinical Oncology 24, no. 18_suppl (June 20, 2006): 16011. http://dx.doi.org/10.1200/jco.2006.24.18_suppl.16011.
Full textAbstract:
16011 Background: The volunteer sector developed rapidly in Italy throughout the 1980s, especially in the areas of cancer and palliative care. Istituto Oncologico Romagnolo (IOR), a non profit organization based in Forlì, actively supports the public health sector in the fight against cancer by funding scientific research, organizing voluntary work, promoting education campaigns, and setting up prevention and screening programs. The aim of the present work is to trace a sociodemographic and motivational profile of IOR volunteers. Methods: In May 2005, all IOR volunteers were invited to complete an anonymous questionnaire composed of 12 structured questions designed to collect sociodemographic data, information on type of voluntary work done and the reasoning behind such a choice. Results: Of IOR’s 1043 volunteers, 471 completed the questionnaire, of whom 70% were female and about one-third over 65 years of age. The majority of professions were represented, even though about two-thirds of men and half of the female volunteers were retired. About 40% of the group had been doing voluntary work for more than 10 years. Although fund-raising proved to be the most frequent activity (80%), there is a growing number of volunteers, especially those of a younger age group, involved in home- and hospital-based care. Various reasons were given for becoming a IOR volunteer: ethical considerations (35 % males and 28% females), personal experiences (24% and 38%, respectively), high regard held for IOR and its work (31 and 26%, respectively), and involvement directly through other volunteers (29 and 36%, respectively). Conclusions: The major involvement in fund-raising and perseverance over time of volunteers indicate a favorable social perception of medical research. It also emerged that the decision to start voluntary work was often closely linked to a previous personal experience of loss or disease, especially in female volunteers, who tend to react more constructively and develop a more active and concrete solidarity than men. We can therefore conclude that volunteers in the area of cancer act out of a sense of responsibility and awareness rather than out of pity or a desire for self-gratification. No significant financial relationships to disclose.
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Prutchi-Sagiv, Sara, Nataliya Golishevski, Odelia Katz, Howard S. Oster, Elizabeth Naparstek, Michael Hoffman, Drorit Neumann, and Moshe Mittelman. "T-Cell Abnormalities in Patients with Myelodysplastic Syndromes: Improved Immunological Functions in Patients Treated with Recombinant Erythropoietin." Blood 108, no. 11 (November 16, 2006): 2675. http://dx.doi.org/10.1182/blood.v108.11.2675.2675.
Full textAbstract:
Abstract Erythropoietin (Epo) is being used to treat anemias. We have observed prolonged survival in patients with multiple myeloma (MM) on recombinant Epo (rHuEpo) (Mittelman, EJH 2004). Studies on mice suggested an Epo anti-MM immune effect (Mittelman, PNAS 2001; Katz, Acta Haem 2005), and we have also found improved immunity in rHuEpo-treated MM patients. Here we tested the effect of Epo on immune function in myelodysplastic syndrome (MDS). We tested 27 MDS patients (15 controls). We show immune defects in early (IPSS low/int1) MDS, that are more pronounced in progressive disease. Consistent with previous reports, and extending our analysis to other immunologic functions, we show that MDS patients have decreased lymphocyte counts, manifested mainly in reduced CD4+ T-cell percentage and reduced mononuclear cell (MNC) proliferation induced by phytohemagglutinin (PHA). In MDS, the basal function of both CD4+ and CD8+ T cells expressing the early activation marker CD69 was higher than in controls, but following PHA stimulation, the increment of these CD69+ cells was attenuated. MDS patients also had a decreased percentage of the CD4+ cells expressing the IL-2 receptor, CD25. Finally, in MDS the proportion of CD8+ T-cells expressing the co-stimulatory molecule CD28 was reduced. To test whether rHuEpo treatment had any effect on these parameters, we compared these functions in 14 MDS patients (early disease) on rHuEpo with 8 early MDS patients who were not on rHuEpo. The rHuEpo-treated group included 12 patients responding to rHuEpo (increased Hb; Epo-responders) and 3 patients who continued to require transfusions (Epo-non-responders). The results show a significant increase in PHA-mediated activation of both CD4+ and CD8+ T cells, and a tendency towards normalized CD4+ percentage. The non-responders also showed a tendency towards normalized T-cell percentage and number, but they did not show any augmented activation, or proliferation potential (Table, mean ± SE). Our findings: add to the other reports, regarding the immune dysfunction in MDS; show that MDS patients on rHuEpo for anemia, also benefit from improved immune function. Taken together, our study suggests a potential role for rHuEpo as an immunomodulatory agent in MDS treatment. Parameter Healthy Controls Non-Treated MDS Patients rHuEpo-treated MDS Patients Early MDS Late MDS Responders Non-Responders a. p<0.05 early MDS compared to healthy controls. b. P<0.05 advanced MDS compared to healthy controls. c. p<0.05 rHuEpo-treated early MDS compared to non-treated early MDS. Number of patients N = 15 N = 8 N = 4 N = 12 N = 3 CD4+ T cell (%) 47.3±1.9 36.4±5.4a 31.9±6b 42.9±4 44.7±8.7 CD8+ (%) 22.2±1.6 21.6±3.1 14.4±3.9b 23.4±3.7 21.7±2.8 CD4:CD8 2.4±0.3 2.2±0.7 3.0±1.3 1.9±0.2 2±0.2 PHA act-CD4+ (%) 57.1±3.9 33.6±5.4a 39.5±9.1 58.6±8.8c 36.7±14 PHA act-CD8+ (%) 60±4.5 40.3±8.7a 53.4±8.5 65.5±8.2c 23.7±2.8 Proliferation (%) 232.5±10 189±23 100±0 185±23 164.9±0 CD8+CD28+ (%) 73.2±5.4 34±8.1a 31±0.7b 41±7.8 34±0 CD4+CTLA-4+ (%) 3.5±0.3 6.3±0.9 24±0.6 11.6±1.2 NA CD8+CTLA-4+ (%) 2.4±0.7 2.8±0.5a 12±0b 4.8±1.9 NA CD4+CD25+ (%) 72.7±0 55.1±5a 41±6.9b 61±8.5 38±0
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Pratiwi, Hardiyanti, Ikta Yarliani, Murniyanti Ismail, Rizki Noor Haida, and Noer Asmayanti. "Assessing the Toxic Levels in Parenting Behavior and Coping Strategies Implemented During the COVID-19 Pandemic." JPUD - Jurnal Pendidikan Usia Dini 14, no. 2 (November 30, 2020): 231–46. http://dx.doi.org/10.21009/jpud.142.03.
Full textAbstract:
The COVID-19 pandemics have caused a lot of stressors for parents. Apart from doing daily activities, parents also have to take care of their children and accompany them to study. The number of stressors can lead to toxic behavior in parenting. This study aims to measure the level of toxicity in parenting behavior and coping strategies adopted by parents. This study uses quantitative descriptive methods to measure toxic levels in parenting behavior during the COVID-19 pandemic. A total of 568 parents from Banjarmasin and Yogyakarta participated in this study. The survey results show that several factors can trigger parenting stress during the COVID-19 pandemic, namely worsening economic conditions, delinquent children, excessive anxiety, accumulated daily hassles, growing family demands, and disputes with spouses. However, some of these stressors do not lead to toxic parenting. The results showed that 97.79% of respondents from Banjarmasin and 95.29% from Yogyakarta showed a low toxic level. The remaining 2.21% of respondents in Banjarmasin and 4.71% of respondents in Yogyakarta indicated a moderate toxic level. Coping strategies are crucial for neutralizing stress. There are several strategies applied, namely trying to consider a problem is God's test, and there is a positive side to every problem; trying to address the source of stress and solving it; Withdrawing and finding individual time; looking for social support from the family and others; crying and releasing it by doing favorite things and capitulate and get back the problem. This Research is expected to be a reference for parents in choosing coping strategies to manage the stress they feel in parenting during the pandemic.
Keywords: Toxic parenting; stress trigger, coping strategy; COVID-19
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Sutrisno, Firdaus Zar'in, and Siti Salehcah. "Local Content Curriculum Model for Early Childhood Scientific Learning." JPUD - Jurnal Pendidikan Usia Dini 15, no. 1 (April 30, 2021): 81–100. http://dx.doi.org/10.21009/jpud.151.05.
Full textAbstract:
Curriculum material is generally considered the subject matter of information, talents, dispositions, understandings, and principles that make up research programs in the field. At a more complex level, the curricula need to contain historical and socio-political strengths, traditions, cultural views, and goals with wide differences in sovereignty, adaptation, and local understanding that encompass a diversity of cultures, laws, metaphysics, and political discourse This study aims to develop a curriculum with local content as a new approach in early childhood science learning. The Local Content Curriculum (LCC) is compiled and developed to preserve the uniqueness of local culture, natural environment, and community crafts for early childhood teachers so that they can introduce local content to early childhood. Research and model development combines the design of the Dick-Carey and Dabbagh models with qualitative and quantitative descriptive analysis. The results showed that local content curriculum products can be supplemented into early childhood curricula in institutions according to local conditions. Curricula with local content can be used as a reinforcement for the introduction of science in early childhood. The research implication demands the concern of all stakeholders to see that the introduction of local content is very important to be given from an early age, so that children know, get used to, like, maintain, and love local wealth from an early age.
Keywords: Early Childhood, Scientific Learning, Local Content Curriculum Model
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., Rahmadi, Toto Sudargo, and Agus Wijanarka. "Perilaku sadar gizi dan ketahanan pangan keluarga serta hubungannya dengan status gizi balita di Kabupaten Tanah Laut, Kalimantan Selatan." Jurnal Gizi dan Dietetik Indonesia (Indonesian Journal of Nutrition and Dietetics) 1, no. 1 (March 9, 2016): 31. http://dx.doi.org/10.21927/ijnd.2013.1(1).31-38.
Full textAbstract:
Background: Act No. 25/2000 about National Development Program and Vision Healthy Indonesia 2010 specifi ed that 80% of Indonesian families become nutrition aware families. The result of survey on nutrition aware families in indicated that in 2006 as much as 52.7% and in 2007 as much as 27.2% of families were not yet nutrition aware. The result of nutritional status monitoring of underfi ves (Z-score) showed undernourishment increased from 5.1% in 2004 to 10.1% in 2005.<br /><br />Objective: To analyze association between nutrition aware behavior and food security of the family and nutrition status of underfi ves at District of Tanah Laut, Province of Kalimantan Selatan.<br /><br />Method: The study was observational with cross sectional design. The dependentvariable was nutritional status of underfi ves (z-score for weight/length); the independent variables were nutrition aware behavior and food security of the family; and the confounding variables were characteristics of the family (parents’ education, number of the family members, knowledge of mothers about nutrition and family income). Subject consisted of underfi ves of 6–24 months with as many as 198 underfi ves. Data analysis used chi square and double logistic regression (multiple logistic regression) and qualitative analysis with indepth interview for families that were not yet nutrition aware.<br /><br />Result: There were 145 families (73.2%) that were nutrition aware and 53 (26.8%) that were not yet nutrition aware; based on energy consumption 51.1% of families had enough food and 48.9% were undernourished; based on protein consumption 52.5% of families had enough food and 47.5% were undernourished; and children with good nutrition status were 72.6% for boys and 72.8% or girls. There was signifi cant association between nutrition aware behavior and nutrition status of underfi ves (p=0.010). The result of logistic regression test showed that there was signifi cant association between the number of family members and food security of the family (p<0.05) with OR=5.516 (95%CI=2.584–11.775). There was signifi cant association between knowledge of mothers about nutrition and food security of the family (p<0.05) with OR=0.486 (95%CI=0.25–0.914).<br /><br />Conclusion: There was no association between nutrition aware behavior and food security of the family based on level of energy and protein consumption. There was signifi cant association (p<0.05) between number of family members and food security of the family based on level of energy and protein consumption. There was signifi cant association between knowledge of mothers about nutrition and food security of the family based on energy consumption. There was no association between parents’ education and family income based on level of energy and protein consumption. There was signifi cant association between nutrition aware behavior of the family and nutrition status of underfi ves; however there was no association between food security of the family and nutrition status of underfi ves.<br /><br />KEYWORDS: nutrition aware, family characteristics, food security, nutritional status of underfi ves<br /><br />ABSTRAK<br /><br />Latar Belakang: Undang-undang nomor 25 tahun 2000 tentang Program Pembangunan Nasional dan Visi Indonesia Sehat 2010 menetapkan 80% keluarga menjadi keluarga sadar gizi (kadarzi). Hasil data survei kadarzi pada tahun 2006 dan 2007 didapatkan keluarga yang belum kadarzi 52,7% dan 27,2%. Hasil pemantauan status gizi balita (z-ScoreBB/U) didapatkan status gizi kurang menunjukkan adanya peningkatan, yaitu tahun 2004 sebesar (5,1%), tahun 2005 (9,8%)dan tahun 2006 (10,1%) <br /><br />Tujuan: Untuk menganalisis hubungan antara perilaku sadar gizi dan ketahanan pangan keluarga dengan status gizi balita di Kabupaten Tanah Laut Provinsi Kalimantan Selatan.<br /><br />Metode: Jenis penelitian observasional dengan rancangan cross sectional. Variabel terikat: status gizi balita (z-score BB/TB) dan variabel bebas: perilaku sadar gizi, ketahanan pangan keluarga serta variabel pengganggu: pendidikan orang tua, jumlah anggota keluarga, pengetahuan gizi ibu dan pendapatan keluarga. Subjek penelitian balita usia 6-24 bulan, jumlah 198 balita. Analisis yang digunakan adalah uji chi-square dan regresi logistik berganda (multiple logistic regression) dan didukung analisis kualitatitf dengan indepth interview bagi keluarga belum kadarzi.<br /><br />Hasil: Keluarga sudah kadarzi 145 (73,2%) dan belum kadarzi 53 (26,8%). Indikator kadarzi tentang dukungan keluarga memberikan ASI eksklusif 0-6 bulan paling banyak tidak dilaksanakan. Alasannya adalah setelah melahirkan ASI tidak keluar, susu ibu bengkak dan mengeluarkan darah, hamil lagi, dan alasan pekerjaan. Semua keluarga menggunakan garam beryodium dalam memasak makanan. Keluarga tahan pangan dan tidak tahan pangan berdasarkan tingkat konsumsi energi masing-masing sebesar 47,5% dan 52,5%, keluarga yang tahan pangan dan tidak tahan pangan berdasarkan tingkat konsumsi protein masing-masing sebesar 52,5% dan 47,5% dan status gizi balita hasil z-score BB/TB didapatkan balita gizi baik 72,7% dan gizi kurang 27,3%. Perilaku sadar gizi berhubungan signifi kan dengan ketahanan pangan keluarga berdasarkan tingkat konsumsi energi (p<0,05). Perilaku sadar gizi dan ketahanan pangan keluargaberdasarkan tingkat konsumsi energi dan protein tidak berhubungan signifi kan dengan status gizi balita (p>0,05).<br /><br />Kesimpulan: Perilaku sadar gizi, jumlah anggota keluarga, pengetahuan gizi ibu dan pendapatan per kapita berhubungan signifikan dengan ketahanan pangan keluarga berdasarkan tingkat konsumsi energi, sedangan pengetahuan gizi ibu dan pendapatan per kapita berhubungan signifi kan dengan ketahanan pangan keluarga berdasarkan tingkat konsumsi protein. Perilaku sadar gizi keluarga dan ketahanan pangan keluarga berdasarkan tingkat konsumsi energi dan protein tidak berhubungan dengan status gizi balita (z-score BB/TB).<br /><br />KATA KUNCI: keluarga sadar gizi, karakteritik keluarga, ketahanan pangan, status gizi balita
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Appel, Charlotte. "Titler, typografi og andre tilpasninger." Fund og Forskning i Det Kongelige Biblioteks Samlinger 59 (January 4, 2020): 71. http://dx.doi.org/10.7146/fof.v59i0.123731.
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Charlotte Appel: Titles, typography and other adjustments. A study of Morten Hallager as a media-savvy publisher of Danish books for children during the last decades of the eighteenth century
This article investigates the involvement of Morten Hallager (1740–1803) in the book business, and how he contributed to shaping a new commodity in Denmark: books for children. Until recently, Hallager has not attracted much scholarly attention due to a traditional focus on authors who made original contributions to Danish literature. However, Hallager’s combined experience as a printer (1771–84), a schoolteacher (from 1785) and an expert in German and French gave him a unique background to act as a transnational agent, introducing European Enlightenment literature for children (by J. H. Campe, C. K. J. Dassel, K. T. Thieme, A. Berquin etc.) to Danish readers.
After an outline of Hallager’s life and career, the article presents a survey of his publications. He was particularly active as an author, translator, compiler and publisher of books for children c.1791–1804 (his last books were published posthumously), and during this period he published 38 individual titles – and 57 editions in all (including 19 second or later editions) – corresponding to c.11 per cent of all Danish titles for a young readership. Four main types of intervention that characterise Hallager’s books for children are analysed. First, he took great care over titles and the contents of title pages. Most of them would include an explicit reference to ‘child’, ‘children’ or ‘youth’, and Hallager would present himself as a schoolteacher and thus an expert in the field. Next, when it came to the physical appearance of the books, Hallager made use of his professional know-how. His initial success, a small reader in sextodecimo from 1791 (reprinted ten times), for example, demonstrated how he made choices concerning format, typeface etc. Third, Hallager made a number of pedagogical adjustments to the translated texts, reflecting his ambition to be as specific and concrete as possible and also to include variety, so that his young readers were never bored. Fourth, the article maps his impressive range of strategies with regard to translating, transforming and ‘localising’ foreign texts, so that they would become more digestible and relevant for a Danish audience.
Finally, the conclusion argues that Hallager’s experience in every role and every position within Robert Darnton’s famous communication circuit (1982) was a key to his success – and may explain his wish to explicate his publishing strategies in great detail. For this reason, a study of Hallager’s publications provides us with new insights not only into his own book business but also into the emerging market for children’s books in general.
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Green, Dani, and Angel Daniel Matos. "Right to Read: Reframing Critique: Young Adult Fiction and the Politics of Literary Censorship in Ireland." ALAN Review 44, no. 3 (June 21, 2017): 54–60. http://dx.doi.org/10.21061/alan.v44i3.a.6.
Full textAbstract:
If you briefly peruse the American Library Association’s annual compilation of the “Top Ten Most Frequently Challenged Books,” it would not be farfetched for you to assume that censorship is an act that is nearly exclusive to children’s and young adult (YA) literature. The complex and close relationship between informational suppression and YA fiction should come as no surprise—authority figures and institutions often want to “protect” children and adolescents from ideas and depictions of realities that they consider harmful. At times, these parental and institutional forces outright question teenagers’ competence when it comes to comprehending and thinking through difficult social and literary issues. While YA literature is often susceptible to acts of censorship, is it possible that the very literary traits of this genre might provide us with the critical tools needed to counteract the suppression of information and ideas? To what extent do YA novels articulate ideas and critiques that other genres of literature refuse (or are unable) to discuss? This issue of The ALAN Review is particularly invested in expanding our understanding of YA literature by exploring the stories that can or cannot be told in different contexts, communities, and locations. While an understanding of the acts of censorship that occur in a US context offers us a glimpse into the tensions that arise between ideas, publishers, and target audiences, an examination of censorship in non-US contexts allows us to further understand the historical and cultural foundations that lead to the institutional suppression of knowledge. Additionally, a more global understanding of these issues could push us to understand the ways in which YA fiction thwarts censorship in surprising, unexpected ways. To nuance our understanding of censorship by adopting a more global perspective, I have collaborated with my friend and colleague Dani Green, who offers us an account of contemporary acts of censorship in Ireland and the ways in which Irish YA literature is particularly suited to express ideas that are deemed unspeakable and unprintable. Dani is a scholar of 19th-century British and Irish literature with an interest in issues of modernity, space, and narrative. As an academic who specializes in both historicist and poststructuralist study, Dani is particularly suited to think through the fraught historical and literary situation of contemporary Ireland and the ways in which YA fiction escapes (and perhaps challenges) the pressures of nationalistic censorship and self-censorship. In the following column, she provides us with a brief overview of the past and present state of censorship in Ireland, focusing particularly on how contemporary Irish writers steer away from offering critiques of Ireland’s economic growth during the mid-1990s to the early 2000s. After sharing this historical context, Dani conducts a case study in which she focuses on how Kate Thompson’sYA novel The New Policeman (2005) blends elements from fantasy and Irish mythology to both communicate and critique Ireland’s economic boom. By taking advantage of elements commonly found in YA texts, she argues that Thompson’s The New Policeman enables a cultural critique that is often impossible to achieve in other forms of Irish literature. Dani ultimately highlights the potential of YA fiction to turn censorship on its head through its characteristic implementation of genre-bending, formal experimentation, and disruption of the familiar.
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De la Serna, Javier, Jaime Sanz, Arancha Bermudez, Carlos Vallejo, David Serrano, Dolores Caballero, Rafael De La Camara, et al. "Myeloablative Conditioning with Intravenous Busulfan In One Daily Dose and Fludarabine (BUF) for HLA-Identical Sibling Allogeneic HSCT In Myeloid Malignancies." Blood 118, no. 21 (November 18, 2011): 3010. http://dx.doi.org/10.1182/blood.v118.21.3010.3010.
Full textAbstract:
Abstract Abstract 3010FN2 Background: There is a need to improve the conditioning regimens for allogeneic HSCT, both reducing the regimen related toxicity and improving the anti-leukemic effect. The myeloablative (MA) regimen consisting in intravenous (iv) busulfan (BU) with fludarabine (F) might be a better option than the conventional BU-CY (Cyclophosphamide) combination, since BU and F act synergistically against leukemia cell lines and previous studies with iv BU-F conditioning have reported an improved safety profile over BU-CY. Objective: We aimed to evaluate the efficacy and safety of the MA BU-F regimen, delivering iv BU in a one-daily dose after F infusion, since previous pharmacologic and clinical data supported its safety compared with the standard four-daily doses in the HLA identical sibling allogeneic HSCT setting. Patients: One hundred thirty seven consecutive adult patients with myeloid malignancies from nine Spanish institutions were recruited from 2005 to 2011. They had a median age of 47 years (range 19–74) and 60% were males. Diagnosis were AML: 80 (58.4%), AML secondary to MDS: 24 (17.5%), MDS: 23 (16.8%) and MPD: 10 (7.3%). At HSCT, the disease stage was 1st CR or untreated in 85 (62%) and more advanced stage in 52 (38%) cases. Patients having Karnofsky < 90% and Sorror CI >1 accounted for 11.7% and 38.3%. The conditioning regimen consisted in F, 40 mg/m2 daily for 4 days (total dose 160 mg/m2) followed by BU, one-daily IV 3.2 mg/kg infusion (total dose 12.8 mg/kg). GVHD prophylaxis consisted in cyclosporine and methotrexate. HSC infusion and post-transplant supportive measures and follow-up were made according each institution policies. Results: Donor graft source was peripheral blood (PB) in 93 (67.9%) and bone marrow (BM) in 44 (32.1%) cases. Median CD34+ cells infused were 4.5 millions/kg (range 0.6–17.8). All but one patient engrafted, with a median of 15 days (range 8–49) to >0.5 ×10E9 PMN/L and 13 days (range 7–149) to >20 ×10E9 platelets/L. The most frequent toxicity was mucositis, which was grade >1, in 68.8% cases. Three patients had hepatic SOS grade >1, and all of them resolved. Median hospitalization time was 30 days (range 17–114). Acute GVHD grade 2–4 incidence was 25% with a median of 32 days (range 12–87) to GVHD onset. The day-100 mortality was 4.8%. The chronic GVHD incidence in 114 patients at risk is 61.4%, with 37.7% of cases in extended form. At the time of this analysis, the median follow-up is 12 months (range 1–74). Crude survival data showed 106 (77.4%) patients remaining alive and 106 (77.4%) relapse free. Overall, 31 patients have died, 19 relapse-related (13.9%) and 12 (8.8%) due to transplant related mortality. Actuarial survival at 12 months is 79.4% and disease free survival is 71.3% in the whole series. Kaplan-Meier analysis showed that advanced age, comorbidities or advanced disease status at HSCT did not predict an inferior outcome. In conclusion, in the HLA identical sibling allogeneic HSCT setting, the BU-F regimen provides an adequate control of myeloid malignancies, with low regimen related toxicity and both reduced day-100 and non-relapse related mortality. Disclosures: Lahuerta: Janssen: Honoraria; Celgene: Honoraria.
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Yalcin, Arzu, Marlon Kovarbasic, Mahmoud Abdelkarim, Gregor Klaus, Julius Wehrle, Verena I. Gaidzik, Heike L. Pahl, et al. "The Oligodendrocyte Lineage Transcription Factor 2 (OLIG2) Is Epigenetically Regulated in AML and Suppresses Leukemia Cell Growth." Blood 124, no. 21 (December 6, 2014): 3540. http://dx.doi.org/10.1182/blood.v124.21.3540.3540.
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Abstract Introduction: DNA methylation differences between normal and cancer tissue that result in differential expression of genes are a hallmark of acute myeloid leukemia (AML). DNA methylation mediated silencing of specific genes, especially transcription factors, can provide a growth advantage for malignant cells. Global DNA methylation analyses have not only led to a better understanding of AML subgroups and the impact of epigenetic aberrations in leukemogenesis, but also to the identification of new epigenetically regulated genes. We and others have recently identified the oligodendrocyte lineage transcription factor 2 (OLIG2) as differentially methylated in AML cell lines compared with normal bone marrow cells. Aim of the study: With the hypothesis that OLIG2, which is not expressed in normal hematopoiesis, may play a role in cancerogenesis as shown for acute lymphoblastic leukemia (Lin et al., Cancer Res. 2005) and malignant glioma (Mehta et al., Cancer Cell 2011), we sought to further dissect the impact of OLIG2 in AML, implementing functional studies and primary samples. Results: First, in a cohort of 93 AML patients, we could confirm previous results by Kröger et al. (Blood 2008) that OLIG2 is differentially methylated: using pyrosequencing, 37 patients (39.8%) showed methylation levels > 25% (range (r): 26-79%) in the 5 CpG containing amplicon of the OLIG2 promoter region, independent of cytogenetic subgroup. In a small subset of 13 patients where expression-data was available, an inverse correlation between OLIG2 DNA methylation and mRNA expression was significant (r2=0.55, p<0.005). This observation was further supported by a highly significant inverse DNA methylation/mRNA expression correlation in 10 leukemia cell lines (r2=0.74, p< 0.002). Moreover, we could demonstrate that this inverse correlation held also true for OLIG2 protein levels in cell lines with strong expression in THP-1 and NB-4, moderate expression in HL-60 and HEL and no expression in U937, KG-1A, PL-21, Kasumi-1, K-562 and Jurkat. Interestingly, while CD 34+ cells from two healthy donors and 10 out of 12 AML patients where protein was available, showed no protein expression, OLIG2 was expressed in 2 patients, both bearing the translocation t(15;17). This corresponds well to OLIG2 expression of cell line NB-4, which also harbours t(15;17). Treatment of non-expressing cell lines PL-21 and U937 with 200 nM 5-aza-2'-deoxycytidine led to robust re-expression of OLIG2, both on mRNA and protein level, strongly implicating DNA methylation as a silencing mechanism in a subset of AML. To investigate the relationship between OLIG2 expression and AML cell growth we used a siRNA transient knock-down in OLIG2 expressing cell lines THP-1 and NB-4. While OLIG2 protein expression measured via densitometry could be strongly reduced to 38% and 45% from pre-treatment levels in THP-1 and NB-4 cells, respectively, no change on cell viability or cell growth was detected. However, stable over-expression of OLIG2 using the lentiviral-vector pLeGO-iG in Kasumi-1 cells, led to a significant growth-inhibition of 32.2% (r: 27.0-37.3%) after 5 days and a 47.7% (r: 30.7-64.6%) increase of apoptotic cells (Annexin-V-staining) as compared to control-vector transfected cells. This negative effect on cell proliferation supports our presumption that OLIG2 could act as a growth-regulator in a subgroup of AML. This could be caused by a direct interaction between OLIG2 and a cell cycle regulator or a transcription factor complex. Conclusion: We show that OLIG2 (I) is in part epigenetically regulated via DNA methylation in AML, resulting in an inverse correlation between DNA methylation and expression; (II) can be re-expressed upon demethylating treatment in cell lines, therefore making it an attractive biomarker to study in AML patients treated with demethylating agents; (III) shows antiproliferative activity in leukemia cell lines and thus should be further studied as a potential tumor suppressor in AML. Disclosures Lübbert: Cephalon / TEVA: Travel support Other.
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Walker, Stephanie. "Half of Vermont Academic and Public Libraries Lack Written Confidentiality Policies Despite Directors’ Support for Principles of Patron Confidentiality." Evidence Based Library and Information Practice 3, no. 3 (September 3, 2008): 68. http://dx.doi.org/10.18438/b86c9t.
Full textAbstract:
A Review of:
Magi, Trina J., “The Gap between Theory and Practice: A Study of the Prevalence and Strength of Patron Confidentiality Policies in Public and Academic Libraries.” Library & Information Science Research 29 (2007): 455-70.
Objectives – To examine the prevalence and strength of patron confidentiality policies and practices at academic and public libraries in Vermont; to examine variances in policies by type and size of library and by qualifications of library directors; and to examine the level of support among Vermont library directors for strengthening state law to clarify that personally identifiable information about library patrons is confidential and should only be released with a court order.
Design – Survey (non-randomized) of 213 library directors.
Setting – Academic and public libraries in Vermont (USA).
Subjects – The initial audience was defined to be the directors of the 213 academic and public libraries in Vermont (as the persons to whom the survey was directed). Ultimately, results from 149 returned surveys were used as a basis for analysis. In addition, a written report of the information gathered was provided to the governing bodies of the Vermont Department of Libraries and the Vermont Library Association. The author also anticipates that the results of the survey will be of general interest to academic and public librarians.
Methods – A literature review of previous research on library policies and practices regarding patron confidentiality was completed. As well, the author examined the various state and federal laws and library association codes of ethics which address issues of the confidentiality of library patron data. A paper questionnaire was mailed on January 11, 2006, to directors of 188 municipal and incorporated public libraries (including 11 combined public and school libraries) and 25 college and university libraries, for a total of 213 libraries targeted. Cover letters explaining the purpose of the study and assuring respondents of the confidentiality of their responses were included in the mailing. The contact information came from a list supplied by the Vermont Department of Libraries. The questionnaire had previously been tested by five librarians from the aforementioned list, and slight changes had been made to clarify questions and instructions. Survey respondents were given an initial deadline of February 1, 2006, but responses were received and included through March 13, 2006. Various tactics were used to boost response rates, including electronic discussion list announcements, usage of pre-addressed stamped return envelopes, usage of personalized address information and a personal signature by the researcher on the cover letter, reminder postcards, and a coupon for free ice cream. One hundred and fifty-one questionnaires were returned. Two questionnaires were returned incomplete, and were removed from both the target population and the responses, leaving a total of 149 out of 211 possible responses and a response rate of 71%. For this response rate, all calculations were determined to have a margin of error of +/-4.4% with 95% confidence.
The survey was constructed to address five research questions, as detailed below:
1) How many requests for personally identifiable patron information have libraries received in the past year, and from whom did those inquiries come?
2) How many libraries have a written confidentiality policy, and what are the characteristics of libraries and library directors that have policies?
3) How current are those policies?
4) How many policies prohibit release of patron information without a court order or other binding legal document (e.g., subpoena or search warrant)? How many policies call for attorney review of any such court orders or other binding legal documents?
5) Do librarians support the idea of strengthening the state law relating to confidentiality of library records?
The questions were closed-ended in order to allow responses to be coded and easily analyzed, although space was provided for respondents to offer additional comments. Though a deadline of February 1, 2006 was set, responses were received as late as March 13, 2006. Person’s chi-square and Fisher’s exact test were used to measure statistical significance of differences among various respondent groups.
Main Results – The survey respondents estimated that they received a minimum of 1,228 requests for patron information within the past year, and 46% of libraries had received at least one such request. Academic libraries, which made up 13% of the sample, received 11% of requests. These queries included requests for personally identifiable information about patron reading interests, use of library materials and use of services. It was not possible to accurately quantify requests received because many respondents indicated that their library had received numerous requests, and did not supply specific numbers; in such cases, there was generally no indication that the library kept track of such requests. (and perhaps did not themselves track such requests). Of interest was the finding that because of gag order provisions in laws such as the PATRIOT Act, which prohibit librarians from reporting that such requests for information have even been made, it is likely that requests made by law enforcement agencies are under-reported. However, according to the responses to the survey, 90% of total inquiries came not from law enforcement officials, but from parents, guardians, spouses, or partners of library patrons or from teachers or professors of library patrons. In academic libraries, 60% of requests were received from teachers or professors of patrons. Only 1% of total requests were reported as coming from law enforcement officials. Additional groups making requests included college or university administrators (1% of total inquiries, exclusively in academic libraries); persons representing other government agencies but not law enforcement (0.3% of total inquiries, exclusively in public libraries); persons representing companies or non-governmental organizations (0.08%, one inquiry only, in a public library); and ‘others’ (6% of total inquiries, all but one of which were at public libraries). ‘Others’ included the president of a friends group, caregivers of elderly or disabled or homebound patrons, friends or acquaintances of patrons, book group participants, and people picking up reserved materials.
Despite heightened awareness of confidentiality issues (due to the PATRIOT Act and related heavily publicized legal actions), only 48% of survey respondents indicated that their library had written policies or procedures detailing how requests for personally identifiable information should be addressed. Fifty-six per cent of academic libraries had such policies, as compared to 47% of public libraries. Thirty-five per cent of libraries without such policies indicated that they were working on developing these policies or planned to create them within a year. As well, 64% of libraries whose directors hold MLS degrees or the Vermont Department of Libraries’ Certificate of Public Librarianship had confidentiality policies, as compared to 38% of libraries where the director held neither qualification. Data were also analyzed according to the number of years of experience that the library director had, but results obtained from this comparative analysis were not statistically significant. Thirty-six per cent of libraries with two or fewer paid personnel had written confidentiality policies, as compared to 41% of libraries with 3-5 paid personnel, 59% of libraries with 6-10 paid personnel, and 95% of libraries with 11 or more paid personnel. The policies tend to be up-to-date: of libraries with confidentiality policies, 46% had reviewed or updated their policy within the past year, and 86% had done so within the past three years.
Of libraries with confidentiality policies, 86% require a court order or other binding legal document, such as a subpoena or search warrant, before they will release patron information. There were no statistically significant differences in this matter when data were analyzed according to library type, number of paid personnel, or years of experience of the library director or the number of paid library personnel, but there were differences when data were analyzed according to whether the library director held an MLS degree or Vermont Department of Libraries’ Certificate of Public Librarianship, or neither qualification. In libraries where the director held one of the abovementioned qualifications, 93% required presentation of a binding legal document before permitting release of patron information; in libraries where the director held neither qualification, this fell to 58%.
Fifty-two per cent of libraries with confidentiality policies required that an attorney review the binding legal documents requesting patron information before such information could be released. Libraries which were more likely to include such a provision in their policies included libraries in which the director held either an MLS degree or the Vermont Department of Libraries’ Certificate of Public Librarianship (62%, versus only 8% of libraries where the director holds neither qualification), and libraries with larger numbers of paid personnel (20% of libraries with 2 or fewer personnel had provisions requiring attorney review of binding legal documents, versus 79% of libraries with 3-5 paid personnel, 50% of libraries with 6-10 paid personnel, and 61% of libraries with 11 or more paid personnel).
Finally, 74% of respondents supported strengthening Vermont law to enhance safeguards to confidentiality of library records. Twenty-five per cent stated that they would need more information before making a decision, and 1% stated that they would not support such changes. There was a statistically significant difference by library type: 83% of academic library directors supported strengthening the law as described above, as compared to 73% of public library directors. The article also suggested that education and support should be directed at those libraries which have no confidentiality policy.
Conclusion – In 2005, nearly half of Vermont academic and public library directors received at least one request for personally identifiable information about patrons’ use of library resources or services, and in total, at least 1,228 such requests were received. It is difficult to be sure about either the number or prevalence of such requests, as some laws, such as the PATRIOT Act, prohibit libraries from revealing that such inquiries have been made. However, only 1% of reported requests for such information were made by law enforcement agencies; it is far more common for requests to come from parents, guardians, spouses, partners, teachers, or professors of library patrons. Despite the number and prevalence of requests received, and despite heightened awareness of patron confidentiality issues due to recent publicity on the topic of legal action taken by libraries as a result of requests for information made under the PATRIOT Act, fewer than half of the libraries studied have written policies or procedures addressing how such requests should be handled. Of libraries that do have such policies, a large majority (86%) require presentation of a binding legal document before they will release patron information, and over half (52%) require attorney review of the binding legal document before they will comply with the request. A large majority (74%) of Vermont library directors also support strengthening state law to protect confidentiality of library records.
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Джарбо Сaмер Омар. "The Semantics-Pragmatics Interface: The Case of the Singular Feminine Demonstrative in Jordanian Arabic." East European Journal of Psycholinguistics 4, no. 1 (June 27, 2017): 63–75. http://dx.doi.org/10.29038/eejpl.2017.4.1.jar.
Full textAbstract:
The aim in this study is to investigate the interface between semantics and pragmatics in relation to the use of the indexical demonstrative ‘haay’ ‘this-S.F.’ in Jordanian Arabic (JA). It is argued here that an analysis of meaning in relation to context-sensitivity inherent in the use of ‘haay’ can give evidence to the view that semantic and pragmatic processes can be distinguished from each other. I have found that the meaning of ‘haay’ consists of three distinct levels: linguistic, semantic, and pragmatic meaning. The denotational and conventional senses of ‘haay’ comprise its linguistic meaning, its semantic meaning is generated when any of the variables in the linguistic meaning is selected in relation to 'narrow context', the pragmatic meaning depends on relating the semantic meaning to an entity in the physical context of interaction. The results of this study support the view that the boundary between semantics and pragmatics can be distinctively demarcated.
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