Dissertations / Theses on the topic 'Capacity and disability – england'
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1
McVey, Julie. "The experiences of healthcare staff in using the Mental Capacity Act (2005) when working with people with a learning disability." Thesis, University of Liverpool, 2013. http://livrepository.liverpool.ac.uk/10673/.
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The Mental Capacity Act (2005) (MCA) is part of the legislative framework of the NHS. Small scale studies in a range of health settings have shown that the understanding and use of the MCA (2005) varies considerably in different services and across staff of differing occupations and grades. The experiences of individual staff in using the MCA has received little attention. This grounded theory study aimed to explain how staff working with people with a learning disability (PWLD) make sense of and use the MCA, whilst also exploring the factors that influence applying the MCA in clinical practice. This study involved 11 healthcare staff from a specialist learning disability service that had used the MCA in the six months prior to their participation in the research. Staff interviews provided narratives about how they had used the MCA. A theoretical framework was developed from the analysis which underpinned three core conceptual categories. The first core category was that of ‘professional risk’ in which staff have awareness of a series of risks that pertain to themselves or the service user that could have negative professional or legal consequences. The second core category described ‘emotional risk’, which affected both the staff and service user. Staff appeared to experience those risks as feelings in the form of anxiety or concern. Both ‘professional risk’ and ‘emotional risk’ bring about ‘strategies’ which mediate the risk; allowing staff to justify and document their position, creating what feels like safe practice for both the staff and service user. Factors which facilitate the use of the Act are concerned not only with these risks but the significance of the decision that the service user has to make. The findings suggest that there is much uncertainty in the process of using the Act, some of which is due to the subjective nature of evidence gathering. The study suggests that peer support offers a range of factors important to education and development of experience in using the Act, along with helping staff cope with the outcome of decision making. The findings have clinical implications for those involved in managing difficult assessments and decision making, including how to gain an appropriate balance between risk and human rights against a backdrop of adversity that can be present for people with a learning disability. Further implications clinically and for future research, along with limitations of the study are also discussed.
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Alteraifi, Rihab. "Disability, citizenship and education in England." Thesis, Oxford Brookes University, 2013. https://radar.brookes.ac.uk/radar/items/8c9dc5f6-7d91-485d-ae20-1737f6420993/1/.
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The purpose of this thesis is to examine the relationship between disability and the notions of citizenship, human rights and education. It aims to analyse the UK watershed 1978 Warnock Report on special education and its application and relate them to models of disability, citizenship and UN human rights law. Education in England serves as a case study to show how these models are expressed in theory and practice and their implication for full citizenship for disabled people. There are eight chapters in this thesis. Chapter One is the introduction and discusses the scope of this thesis. Chapter Two examines the medical and social models of disability. Chapter Three discusses the classical and modern notions of citizenship as they relate to disability. Chapter Four compares citizenship and human rights concepts and the application of UN human rights law prior to 2006 in relation to disability. Chapter Five examines the 2006 United Nation Convention on the Rights of People with Disabilities (CRPD) legislation in detail. Chapters Six and Seven discuss the Warnock Reports of 1978 and 2005 in relation to models of disability and citizenship. Chapter Eight is the conclusion. These chapters collectively examine the notion of classical and modern citizenship and their consideration of disability; the role of human rights in promoting disability and attempt to show their strengths and weaknesses in relation to education for the disabled. The thesis seeks to establish whether models of disability, citizenship and human rights are adequate in providing full citizenship for disabled people. To do so the thesis examines models of disability, notions of citizenship and human rights legislation and whether the UN sponsored CRPD is a superior way forward for gaining recognition for disabled people rights as full citizens. This thesis concludes with the view that disabled people have progressed in achieving rights of inclusive citizenship, but that the medical, social, political and legislative responses remain flawed. Disabled people‘s right to full inclusivity in both educational levels and throughout society remain.
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Heldring, Leander. "State capacity, violence and industrialization in Rwanda and England." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:11af4e07-7cc8-4987-9dfa-9ba078be1d4c.
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Economic prosperity across African countries has greatly diverged over the last decades. One the one end, countries like Botswana, Ethiopia and Rwanda have grown rapidly. Others, like the Democratic Republic of the Congo, are poorer in the 21st century than they were at independence. Growing evidence shows that a considerable share of this variation is explained by the presence of centralized precolonial polities within these countries (Michalopoulos & Papaiannou, 2013). In this thesis, I investigate whether there is an effect of having a tradition of statehood matters for development outcomes today. I also investigate potential mechanisms behind the effect of a longer tradition of statehood and ask if there are interaction effects between historical states and intermediate outcomes. I furthermore attempt to understand the effects of large-scale state intervention in the rural economy of England on industrialization. This dissertation, then, is a study of the role of the state in comparative economic development.
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Hamilton, Arthur. "India and Intellectual Disability: An Intersectional Comparison of Disability Rights Law and Real Needs." Thesis, Université d'Ottawa / University of Ottawa, 2020. http://hdl.handle.net/10393/40282.
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Given its vast population, India has one of the highest absolute numbers of people with intellectual disability (PwIDs) in the world. Studies have placed the prevalence as high as 3.1% of children aged between 2 to 5 years and 5.2% of children aged between 6 to 9 years. India recently passed the Rights of Persons with Disabilities Act, 2016 (RPwD Act), to align itself with the United Nations Convention on the Rights of Persons with Disabilities. This thesis applied the complementary methods of the review of academic and grey literature, document analysis of the RPwD Act, and in-depth informant interviews to become the first full study on the extent to which the RPwD Act meets the needs of PwIDs. Drawing on the biopsychosocial model of disability and intersectional theory, the findings show that the RPwD Act only partially meets the needs of PwIDs. The RPwD Act does incorporate progressive elements such as affirmative action provisions in the labour market, measures to prevent unethical research on PwIDs, and steps toward inclusive education. However, the Act stipulates a disability certification process that remains mired in the medical model of disability and is mostly inaccessible in rural areas. It also continues the system of legal guardianship dating to the colonial era which deprives many PwIDs of legal capacity and leaves some of them confined to long-term institutions with highly inadequate levels of care. Other problems in the Act include inadequate provisions to provide privacy, reproductive rights and education, and protection from discrimination.
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Boahen, Godfred Fordjour. "Ethnicity, learning disability, and the Mental Capacity Act 2005 : a social constructionist ethnography of an integrated learning disability service." Thesis, Open University, 2013. http://oro.open.ac.uk/54718/.
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This thesis explores how the Mental Capacity Act 2005 (MCA) is operationalised within an integrated statutory learning disability service and examines how the legislation is manifested in everyday lived experience of an ethnic minority. In England and Wales, the MCA established a framework for assessing cognitive decision-making ability with mental capacity conceptualised as 'objective', 'rational' and person-specific. Taking as points of departure rationality and individualism which are associated with Western liberal democracy, the MCA evokes interest in how the notion of mental capacity is understood within different cultures. In the statutory context, with on-going heated debates about the epistemology of mental capacity, there is the need to examine how professionals concretise an arguably nebulous concept in their roles. These aforementioned issues are addressed in this thesis through examination of data collected during two phases of ethnographic fieldwork in a London local authority. Proposing a new relational model as a theoretical approach, it is argued that ethnicity, learning disability, and mental capacity emanate from human interactions; therefore, greater attention should be paid to context and localised meanings to better understand how they interact in everyday living.
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Genders, Nicky. "Making a difference? : understanding the working lives of learning disability nurses : 30 years of learning disability nursing in England." Thesis, De Montfort University, 2016. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.705060.
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The study aimed to explore the lived experience of the careers of learning disability nurses in England. The methodology was informed by Hermeneutic Phenomenology, and the study design utilised narrative interviewing techniques based on an adapted model of the Biographic Narrative Interpretive Method (Wengraf 2001) in order to explore the career choices, experiences and beliefs, and values about learning disability nursing. Twenty in-depth qualitative interviews with learning disability nurses, who had been in practice in the 30-year period between 1979 and 2009, were undertaken in 2010 across nine counties in England. The data was interpreted using a narrative analysis approach. Key findings indicated that nurses, working in a diverse range of settings with varying degrees of experience, are motivated by working with people with learning disabilities and narrate their experiences of building relationships with people articulating the meaning of this for them as nurses. The initial reasons for choosing learning disability nursing as a career formed a key theme within the findings, with complex influences on their career choice. Additionally, all participants in this study created a narrative of change, focusing on the ways in which change in policy, practice and in societal views have impacted upon their working lives and their identity. The individual narratives have also been interpreted to form a collective narrative of learning disability nursing to specifically explore the identity of learning disability nurses and nursing in a changing context of health and social care provision.
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Blomqvist, Sven. "Postural balance, physical activity and capacity among young people with intellectual disability." Doctoral thesis, Umeå universitet, Sjukgymnastik, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-71227.
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The overall aim of this thesis was to investigate postural balance, physical activity, physical capacity and their associations in young people (16-20 years) with intellectual disability (ID), mild to moderate. The aim was also to study the reliability and concurrent validity of postural balance tests. To evaluate postural balance, one assessor used five common postural balance tests and one new test. The tests were performed twice for 89 young people with ID (one to twelve days apart). Intraclass correlation coefficients greater than 0.80 were achieved for four of the common balance tests: Extended Timed Up and Go Test (ETUGT), Modified Forward Reach Test (MFRT), One-Leg Stance Test (OLS), and a Force Platform Test (FPT). The smallest real difference ranged from 12% to 40%; less than 20% is considered to be low. For the six balance tests, the concurrent validity varied between none to low. Falls are more common for young people with ID compared to young people without ID. One reason could be impaired postural balance. The postural balance for young people with ID has not been thoroughly investigated. Therefore, five balance tests and three muscle strength tests were used to compare young people with ID with an age-matched control group without ID (n=255). The young people with ID had significantly lower scores on most of the postural balance tests and muscle strength tests of the trunk and lower limbs. Muscle strength, height, and body mass index had no strong association with postural balance. The results also illustrated that young people with ID did not rely more on vision for their balance ability compared to peers without ID. It seems that postural balance is impaired for young people with ID when evaluated with common tests. An everyday situation is to react to unexpected balance disturbances to avoid falls by using different postural responses. Since young people with ID seem to fall more often than peers without ID, it is valuable to investigate if those postural responses are different between the groups. Therefore, young people with and without ID (n=99) were exposed to six backward surface translations and several postural muscle responses were evaluated: muscle synergies and strategies, muscle onset latency, time-to-peak amplitude, and adaptation. The responses of the investigated muscles – the gastrocnemius, the biceps femoris, and the erector spinae L4 level – were measured using electromyography. The results showed that there were no differences between the two groups with respect to synergies or strategies, muscle onset latency, and time-to-peak amplitude. An overall pattern was seen, that young people with ID adapted their muscle response slower in all three muscles than peers without ID, but this pattern was not statistically significant. Studies have shown that people with ID have impaired postural balance, a lower level of physical activity, and lower aerobic capacity compared to people without ID. The association is however not investigated. Therefore, postural balance (postural sway indirectly measured with the subjects standing on a force platform), physical activity (measured with a pedometer), and aerobic capacity (measured with a sub-maximal ergometer cycle test) were used to assess young people with and without ID (n=106). To investigate the subjects’ view of their own health, the subjects completed an adapted questionnaire that addressed their perceived health. The analysis showed no significant associations between postural balance, level of physical activity, and aerobic capacity. The subjects in the ID group, both men and women, had significantly lower aerobic capacity compared to subjects without ID. The answers from the health questionnaire did not correspond to the measured outcomes from the physical tests for young people with ID. In conclusion, ETUGT and MFRT can be used to evaluate change in postural balance over time in young people with mild to moderate ID. The low concurrent validity suggests that the postural balance tests probably challenge various subsystems. Young people with ID have impaired postural balance and perform lower on muscle strength tests than age-matched controls. Postural muscle responses after external perturbations seem to be similar for young people with and without ID, but the ability to adapt muscle responses after repeated perturbations appears to be slower for young people with ID. The studies in the thesis also indicate that young people with ID have reduced level of physical activity and lower aerobic capacity. The lack of association between the different physical functions indicates that they should be evaluated and exercised separately. Young persons with ID might have more difficulty realising the health advantage of being physically active, as they do not seem to make this connection. Because of this, it is important that parents/guardians, school staff, physiotherapists, and others encourage them to participate in physical activity.
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Thouroude, Véronique Joséphine Gabrielle. "Sickness, disability, and miracle cures : hagiography in England, c.700-c.1200." Thesis, University of Oxford, 2015. https://ora.ox.ac.uk/objects/uuid:b9c42b2d-9d25-454c-bed9-169ef79e223b.
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This thesis considers how religious literature represented sickness and disability in Anglo- Saxon and post-Conquest England. Based on Gospel accounts of Jesus's healings, narratives of miracle-cures were highly valued within medieval Christian culture. By analysing a selection of miracle-cure narratives from the main period of miracle writing in England, from the age of Bede to the late twelfth century, this project considers the social significance of such stories. All miracle-cures followed the pattern of a spiritual triumph over the material world, but this thesis focuses on how hagiographers represented human experiences of sickness and disabilities. The first two chapters of this thesis address the conceptual structure of the project. The first explains the two areas of scholarly theory that underpin this thesis. These are the use of narrative sources for historical study; and sociological conceptualisations of bodily difference. The second chapter orientates the case-studies selected for this project in their context. Miracle-cures were recounted in relation to other aspects of the culture of medieval England, most importantly the theology of sainthood and of sin. The remaining three chapters of the thesis provide detailed thematic analysis of selected miracle-cure narratives. The third chapter asks how the spiritual experience of bodily difference was understood. The next chapter considers the physical understandings of a body that was affected by either sickness or disability, and the links between miracle-cure narratives and contemporary medical theory. The fifth and final chapter addresses the representation of social aspects of sickness and disability in these texts, in particular the moralising rhetoric of such texts in favour of community support. This thesis concludes with a discussion of how modern Disability Studies and scholarship on medieval culture benefit from interaction with one another.
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Row-Heyveld, Lindsey Dawn. "Dissembling Disability: Performances of the Non-Standard Body in Early Modern England." Diss., University of Iowa, 2011. https://ir.uiowa.edu/etd/4906.
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The fear of able-bodied people pretending to be disabled was rampant in early modern England. Thieves were reputed to feign impairment in order to con charity out of well-meaning Christians. People told stories about these deceptive rogues in widely circulated prose pamphlets, sung about them in popular ballads, and even recorded their purported actions in laws passed to curb their counterfeiting. Feigned disability was especially prevalent--and potent--on the stage. Over thirty plays feature one or more able-bodied characters performing physical impairment. This dissertation examines the theatrical tradition of dissembling disability and argues that it played a central role in the cultural creation of disability as a category of identity. On the stage, playwrights teased out stereotypes about the non-standard body, specifically the popular notion that disability was always both deeply pitiful and, simultaneously, dangerously criminal and counterfeit. Fears of false disability, which surged during the English Reformation, demanded a policing of boundaries between able-bodied and disabled persons and inspired the first legal definition of disability in England. Rather than resolving the issue of physical difference, as the legal and religious authorities attempted to do, the theater revealed and reveled in the myriad complications of the non-standard body. The many plays that feature performances of dissembling disability use the trope to interrogate issues of epistemological proof, ask theological questions about charity and virtue, and, especially, explore the relationship between the body and identity. Fraudulent disability also had important literary uses as well; playwrights employed this handy theatrical instrument to construct character, to solve narrative problems, to draw attention to the manufactured theatricality of their dramas, and, often, to critique the practices of the commercial theater. Expanding beyond the medical perspectives offered by the few studies that have considered early modern disability, I argue that these performances emerge out of a complex network of literary, religious, and social concerns. For all that fraudulent disability may have been itself a type of fraud, trumped up by the state, the church, and the theater for their own diverse ends, it still wielded enormous influence in shaping notions of the non-standard body that are still current.
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Timander, Ann-Charlott. "Experience of discrimination, collective identity and health. : Two studies carried out in Sweden and England, UK." Thesis, Halmstad University, School of Social and Health Sciences (HOS), 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:hh:diva-5297.
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Both England and Sweden has an aim to improving the health of those groups that are most vulnerable to ill health, and those groups in society, who are most vulnerable to ill health, are also those who face the most discrimination.
The main purpose of this paper is to study how female mental health service user/survivor experiences their health. The paper is composed of two studies carried out in a city in Sweden and a city in England, UK. Four women from Sweden participated and two from England, UK. The empiric material has been collected by semi-structured interviews and the method that has been used for analysing the material was qualitative content analysis.
The result shows that almost all of the women did experience discrimination. Almost all of the women that did experience discrimination did also express that experience of discrimination also influenced their health in a negative way. However, all of the women also resisted the experience of an oppressive society and the view that they are just “victims”, by reclaiming their identity and experiencing a collective identity or a self-identity. These experiences of identity have given them a sense of wellbeing and health.
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Read, Natalie. "Exploring constructs of capacity in learning disability contexts : power, protection and institutional practices." Thesis, University of East London, 2016. http://roar.uel.ac.uk/5398/.
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The Mental Capacity Act (2005) is a legislative framework designed to promote autonomy and support those who may struggle to make decisions for themselves. Previous research suggests that the implementation of the Mental Capacity Act raises a number of challenges for professionals (McVey, 2013; Walji, Fletcher & Weatherhead, 2014) and that applying the Act in learning disability settings may be particularly complex (Brown & Marchant, 2013). The concepts of ‘capacity’ and ‘learning disability’ draw on knowledge across legal, philosophical and psychiatric discourses, which may imply different practices for professionals. Semi-structured interviews were completed with eight professionals working in adult community learning disability services. A Foucauldian approach to discourse analysis was used to examine how capacity was constructed in professionals’ accounts of their experiences implementing the Mental Capacity Act. The discourses and subject positions available to professionals and people with learning disabilities were considered. Analysis of professionals’ accounts suggested that ‘legal’ and ‘rights’ discourses of capacity were oriented to. Knowledge of capacity was constructed as being limited to professionals, with families and service users often in need of further information on the Mental Capacity Act. ‘Legal’ and ‘rights’ discourses enabled multiple subject positions for professionals and people with learning disabilities. These positions allowed for both restrictive and empowering practices. Promoting subject positions of ‘personhood’ appeared to allow for alternative understandings of capacity, in which decision-making is an interdependent rather than independent process. This study suggests that capacity assessments are sites of tension between multiple discourses. Co-constructing meanings of capacity within services and across disciplines may allow for the development of best practice, and facilitate supported decision-making practices with people with learning disabilities.
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Goldsmith, Lesley. "Informed consent for pharmacogenomic testing in people with a learning disability." Thesis, University of Plymouth, 2011. http://hdl.handle.net/10026.1/316.
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Informed consent for pharmacogenomic testing in people with a learning disability Background Advances in genomic healthcare will enable medication to be tailored to each individual’s needs, based on subtle genetic variations. This will result in individuals being asked to consent to genetic testing for this purpose. The recent political agenda for social change has emphasised the right of people with learning disabilities to have more autonomy and make their own decisions. There have also been significant changes in the way healthcare practitioners relate to their patients, with a shift away from paternalism towards shared decision-making. Research Aim The aims of the study were (1) to explore the information needs of people with mild to moderate learning disabilities with respect to pharmacogenomic tests and (2) to identify ways of facilitating informed consent. Methods An integrative literature review was conducted to identify research on informed consent to healthcare interventions in people with learning disabilities (Phase 1). Subsequent phases (Phases 2-4) of the study were conducted using an ethnographic approach. Phase 2 involved observation of six participants with learning disabilities undergoing a routine blood test consultation in general practice. This was followed by Phase 3, in which semi-structured interviews with 14 participants with learning disabilities were conducted. In Phase 4, three different methods were used: focus groups with carers (four paid carers, five family carers), an on-line bulletin board for healthcare professionals (five participants) and interviews with six key informants from the field of learning disability. Findings The data showed consent procedures were often inadequate and there was inconsistent knowledge of mental capacity law amongst health professionals. Provision of information to patients prior to a blood test was variable, but interviews with people with learning disabilities revealed the fact that this information may not be wanted by them. People with learning disabilities viewed pharmacogenomic tests as similar to other blood tests and would want access to them. The attitudes of paid carers and family carers differed in terms of decision-making opportunities for people with learning disabilities. Conclusions Healthcare practitioners, carers and people with learning disability need to be familiar with the principles of the Mental Capacity Act to facilitate valid consent in the healthcare context. Healthcare practitioners also need to be made aware of developments in pharmacogenomics if it is to become part of routine health care. Finally, this study demonstrated the value of qualitative research in exploring the knowledge and attitudes of people with learning disability.
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Laikind, Lawrence A. "The Application of Article 12 of the Convention on the Rights of Persons with Disabilities(CRPD) to decisions of Australian tribunals and court administering guardianship legislation." Thesis, Queensland University of Technology, 2016. https://eprints.qut.edu.au/101500/1/Lawrence_Laikind_Thesis.pdf.
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This thesis examines compliance of decisions by Australian tribunals and courts administering guardianship legislation with the requirement of Article 12 of the Convention on the Rights of Persons with Disabilities that all adults have the right to universal legal capacity. Over 300 publically available guardianship tribunal and court decisions involving residential accommodation were examined from NSW, Queensland and Victoria. The cases reviewed were from the period between Australia’s ratification of the Convention in 2008 and July 2015. There was variable compliance with the Convention across the States. The principles in the guardianship legislation were more important than the Convention, and ‘best interests’ principles took priority over autonomy-based principles consistent with the Convention.
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Fallov, Mia Arp. "Speaking the language of capacity : neighbourhood regeneration and social exclusion in Denmark and England." Thesis, Lancaster University, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.435886.
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Borea, Rieckhof Costanza. "Disability and human rights." THĒMIS-Revista de Derecho, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/108818.
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All persons are subjects of law, but not everyone has the “capacity” to fully exercise them. On this basis, people with disabilities have seen their opportunities for development as human beings limited.Why it that people with disabilities have been historically marginalized by the Law? In this article, the author presents a detailed analysis on the subject, including the legal paradigm change that was the adoption of the Convention on the Rights of Persons with Disabilities.Todas las personas somos sujetos de Derecho, perono todos tenemos la “capacidad” para poder ejercerlos plenamente. Bajo este argumento, las personas con discapacidad han visto limitadas sus posibilidades de desarrollarse como seres humanos.¿Por qué las personas con discapacidad han sido históricamente marginadas por el Derecho? En el presente artículo, la autora nos presenta un detallado análisis sobre la materia, incluyendo el cambio de paradigma jurídico que supuso la adopción de la Convención sobre los Derechos de la Personacon Discapacidad.
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Clough, Beverley. "Exploring the potential of relational approaches to mental capacity law." Thesis, University of Manchester, 2015. https://www.research.manchester.ac.uk/portal/en/theses/exploring-the-potential-of-relational-approaches-to-mental-capacity-law(5054a274-bf7c-46e7-92ff-6c3fa665559a).html.
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The Mental Capacity Act 2005, and the domestic law surrounding it, is currently in a state of instability, having undergone rigorous scrutiny by the House of Lords Select Committee. At an international level, the United Nations Convention on the Rights of Persons with Disabilities 2006 has cast substantial doubt over the very basis of this legal framework. The recommendations made by the Select Committee, and any resulting action by the government to address these, will be hoped to have an impact on the implementation of the legislation on those falling within its remit. On a deeper level, however, this thesis seeks to critically engage with the theoretical underpinnings which inform and guide this legislative framework. This entails a questioning of the ways in which those with disabilities and their carers are responded to under the statute. Exploring the theoretical debates in this context leads to a conclusion that the Act promulgates an individualistic approach to the concept of mental capacity, and does not adequately reflect the reality and lived experiences of those deemed to lack capacity or their informal carers. The papers in this thesis interrogate these issues through a focus on three distinct areas- carers interests under the best interests test; the Deprivation of Liberty Safeguards though a social model lens; and capacity to consent to sex. In doing so, this thesis suggests that more relationally and contextually focused approaches can inform a legal framework which is attentive and responsive to the interwoven interests of those with cognitive impairments and their carers, and which facilitates the enjoyment of rights through a focus on the societal, structural and institutional barriers which have historically worked to exclude these individuals.
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Thomas, Nigel B. "An examination of the disability sport policy network in England : a case study of the English Federation of Disability Sport and mainstreaming in seven sports." Thesis, Loughborough University, 2004. https://dspace.lboro.ac.uk/2134/7694.
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The aim of this study was to establish whether there is a policy community for disability sport in England. Whilst structured competitive disability sport may traditionally have been organised and run by charitable bodies, segregated from mainstream non-disabled sport, contemporary policies stress a need for disability sport to be the responsibility of mainstream organisations. However, there is a dearth of literature that considers how disability sport policy has developed, which agencies have been powerful in the organisational network, and the significance of the values of key actors in the policy process and outcome. This study; a) establishes the key characteristics of disability sport policy in England, and b) establishes the interests, resources, power and relationships between organisations involved in disability sport and determines the ideologies of key actors involved in disability sport policy. Data is generated in three phases using an analysis of policy documents, a survey of 162 sports organisations and 21 interviews with key personnel. In Phase I semi-structured interviews with key personnel combined with documentary analysis were used to establish how disability sport emerged and developed. Informed by the data from Phase 1, in Phase 2a survey of governing bodies of sport and disability sport organisations was conducted to establish which national organisations are involved in the policy network, how disability sport policy is formed, the role organisations play and ideologies of key actors. In Phase 3, informed by the data from Phases I and 2 and using interviews and documentary analysis, two case studies were carried out to examine, 1) the formation and role of the English Federation of Disability Sport, and 2) the mainstreaming of disability sport. The analysis of data is informed by theories of disability, a history of disability policy and sports policy, and three prominent theories of policy analysis: Marsha and Rhodes' policy network model, Sabatier's advocacy coalition framework and Kingdon's policy streams approach. (Continues...).
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McDonagh, Patrick. "The image of idiocy in nineteenth-century England : a history of cultural representations of intellectual disability." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape11/PQDD_0006/NQ39628.pdf.
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Lemprière, Maximilian William. "Developing a theory of local environmental policy capacity : the case of sustainable homes in England." Thesis, University of Birmingham, 2017. http://etheses.bham.ac.uk//id/eprint/7998/.
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Processes of ecological modernisation – where ecological protection becomes increasingly viable and attractive, whether through market forces or by state intervention and regulation – have received considerable attention within the academic literature. However, extant theory in this respect has focused almost wholly on the nation state level and has yet to account for the role played by local governments. This thesis seeks to address that deficiency by developing conceptual tools to study local government behaviour in order to understand why local governments contribute differently from one another to processes of ecological modernisation. A model of local environmental policy capacity is proposed (using insights from new theories of institutionalism, policy entrepreneurship and policy networks) and is applied to the ‘zero-carbon homes’ policy agenda of England in the period 2006 to 2015. This agenda is chosen because it both illustrates ecological modernisation and centres on a key field of responsibility for local government – local planning. Two local governments are chosen for in-depth study to assess the value of the model. Oxford City Council, on the one hand, which showed reluctance in contributing to the agenda, and Cambridge City Council, on the other, which has been more proactive. The research provides useful insights on reasons for the differences between the two cities, these reflecting, above all, the dialectical relationship between policy entrepreneurship and institutions. Empowered entrepreneurs operating within an institutional context conducive to both change, and with a focus on sustainability, are important conditions for action. The key contribution of the thesis lies in its revelations about the processes of ecological modernisation at a local level, and the argument that, if ecological modernisation theory is to be useful in explaining the processes of change in this regard – as it claims to be – then it needs also to take account of local government’s contributions.
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Tries, Christoph. "Assessing the impacts of increasing transmission capacity on the electric power sector in New England." Thesis, Massachusetts Institute of Technology, 2018. http://hdl.handle.net/1721.1/117889.
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Thesis: S.M. in Technology and Policy, Massachusetts Institute of Technology, School of Engineering, Institute for Data, Systems, and Society, Technology and Policy Program, 2018.Cataloged from PDF version of thesis.
Includes bibliographical references (pages 69-74).
This thesis explores the evolution of the electric power sector in New England under the expansion of transmission capacity and under policy with increasing Clean Energy Standards (CES). I use EleMod, a Capacity Expansion Planning model, to compare (1) the reference case of current transmission assets, (2) increasing transmission interface capacities within New England, (3) increasing interconnection capacities with Canada, and (4) both capacity expansions. Transmission expansion allows electricity trade between states and enables them to take advantage of localized, intermittent resources like wind power. Increasing the interconnection capacity with Canada allows the system to optimally allocate the available hydropower energy for imports in the hours of highest net demand. Both transmission expansions together make even stronger use of their contributions. For the capacity expansion model, I choose a set of generation technologies available in New England, and supply cost and operational data from public domain sources. My contributions to EleMod include: (1) the representation of transmission interfaces for New England; (2) the addition of an CES policy standard forcing generation shares from a subset of CES-eligible resources; (3) the modeling of an external hydro reservoir resource in Canada that can be used to supply the load in New England based on cross-border interconnection constraints and the total available energy per year; and (4) the detailed state-level representation of the New England power sector with generation technologies, installed capacities, transmission interface capacities, and CES targets. Policy scenarios increase CES from an average of 25% in 2018 in the base scenario to 95% in 2050 in the decarbonization scenario. Through all policy scenarios, combined-cycle gas plants (GasCC) with carbon capture and storage (CCS) technology dominate the capacity expansions. Increases in transmission capacity lead to higher shares of wind in generation, especially when both transmission and interconnection are expanded. Natural gas, in the form of GasCC with and without CCS, takes shares of the generation mix of up to 85% by 2050. Thus, I also assess the role of pipeline capacities into New England. Because other natural gas uses like residential heating demand have priority over generators, gas-fired power plants cannot expect to meet all their demand during critical periods of shortage in the winter. However, this issue is part of a larger integrated resource planning process. Both transmission and interconnection expansion reduce total system costs by an annual 3.95% and 4.29%, respectively. Because transmission costs are not included in the model, I separately assess the costs and benefits of both transmission expansion scenarios. Transmission expansions from Maine to Massachusetts of 2,000 MW and interconnection expansions to Canada of 3,000 MW and 4,500 MW from Maine and Vermont, respectively, allow for optimal allocation of flows across lines in over 90% of the hours. For interconnection, the calculation estimates costs to be about 1% higher than the benefits, and for transmission within the region the benefits exceed the costs by about 40%.
by Christoph Tries.
S.M. in Technology and Policy
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Ned-Matiwane, Lieketseng. "A study to explore the capacity of family and service providers to facilitate participation of disabled youth in accessing opportunities in skills development and employment in Cofimvaba, Eastern Cape." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/11007.
Full textAbstract:
Includes abstract.Includes bibliographical references.
The study aimed to explore the capacity of family and service providers to facilitate the participation of disabled youth in accessing skills development and employment opportunities in rural areas. The objectives were to describe the family and service providers' understanding of disability; identify visions and strategies for promoting inclusion of disabled youth in skills development and employment opportunities; analyse the provision of services related to the economic development of disabled youth; identify the gaps in skills in facilitating disabled youth's transition in the economic development; and identify the available material resources for economic development of disabled youth.
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Bohling, Solange N. "Death, disability, and diversity: An investigation of physical impairment and differential mortuary treatment in Anglo-Saxon England." Thesis, University of Bradford, 2020. http://hdl.handle.net/10454/18324.
Full textAbstract:
Until recently, individuals with physical impairment have been overlooked
within the field of archaeology due to the controversy surrounding the topics of
disability and care in the past. The current research adds to the growing body of
archaeological disability studies with an exploration of physical impairment and
the possibility of disability-related care in Anglo-Saxon England (5th-11th centuries
AD), utilising palaeopathological, funerary, and documentary analyses.
Palaeopathological analysis of 86 individuals with physical impairment
from 19 Anglo-Saxon cemetery populations (nine early, five middle, and five later)
was performed, and the possibility of disability-related care was explored for
several individuals. The mortuary treatment data (e.g. grave orientation, body
position, grave good inclusion) was gathered for the entire burial population at
each site (N=3,646), and the funerary treatment of the individuals with and
without physical impairment was compared statistically and qualitatively, both
within and between the Anglo-Saxon periods.
No obvious mortuary differentiation of individuals with physical impairment
was observed, although several patterns were noted. In three early Anglo-Saxon
cemeteries, spatial association between individuals with physical impairment,
non-adults, and females was observed. Early Anglo-Saxon individuals with
physical impairment were more frequently buried in marginal locations, and two
such individuals were buried in isolation. In the middle and later Anglo-Saxon
periods, the funerary treatment of individuals with physical impairment became
less variable, they were less frequently buried in marginal locations, and at three
middle Anglo-Saxon cemeteries, they were buried in association with socially
significant features in the cemetery landscape. The provision of care to ensure
survival was not necessary for a majority of the individuals with physical impairment, but several individuals (lower limb paralysis, mental impairment) may have received regular, long-term care.
This research proposes that the decreasing variability of mortuary treatment of individuals with physical impairment observed throughout the Anglo-Saxon period suggests that more variable attitudes about disability existed both within and between early Anglo-Saxon communities, while the political, social,
and religious unification starting in the middle Anglo-Saxon period may have led to the development of more standardised perceptions of disability in later Anglo-Saxon England.
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Pritchard-Jones, Laura Gwynne. "Making health and welfare decisions in old age : challenging the adequacy of mental disability law and theory." Thesis, University of Manchester, 2016. https://www.research.manchester.ac.uk/portal/en/theses/making-health-and-welfare-decisions-in-old-age-challenging-the-adequacy-of-mental-disability-law-and-theory(f3f29f67-6454-4013-8d6e-e5a783ca97fd).html.
Full textAbstract:
Old age – and particularly the increasing numbers of older people globally and within the United Kingdom - is becoming a social and political phenomenon. Yet despite this, very little has been written on how the law – and especially mental disability law – intersects with old age. This is notwithstanding the fact that many older people may encounter conditions that impact their mental or cognitive abilities, and proportionally, may therefore be greatly affected by this area of law. By drawing on a number of theories – sometimes termed ‘relational’ theories – which are derived predominantly from feminist theory, this thesis seeks to explore the adequacy of mental disability law for safeguarding health and welfare-related decision-making of older adults in three areas; where an older person has been subjected to ageism, where they have been the victim of interpersonal abuse, and where they have dementia and may lack mental capacity. Within this broader goal, this thesis has two specific aims. First, to explicitly critique and challenge the adequacy of the law as it is applied in these circumstances. It is suggested in particular that a deeper analysis of the law in both its previous and current forms betrays the liberal and unduly individualistic roots of the legislative framework. These are roots that are predicated on non-interference, and an idealistic paradigm of the rational, autonomous, and healthy bodied individual. This – it is contended throughout – is an unsuitable philosophy to underpin the law, particularly where the law engages with older adults. Second, this thesis aims to navigate a more suitable pathway within the law as it currently exists. While operating as a tool to critique the legislative framework and its underpinning philosophy, it is argued that the theories drawn upon throughout the thesis also have the potential to highlight how the law could be implemented in such a way so as to emphasise the importance of the realities of the lived experiences of old age, and particularly the experience of ageism, abuse, and dementia. Crucially, it is also suggested that such theories can help the law pay greater attention to the complex web of relationships – both positive and negative; personal and societal – that an older person may find themselves embedded within, and that frequently take on an added significance in old age.
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Murphy, Rebecca Cowell. "Advocating for advance directives guidelines for health care professionals /." Thesis, Montana State University, 2009. http://etd.lib.montana.edu/etd/2009/murphy/MurphyR0509.pdf.
Full textAbstract:
An advance directive, such as a Living Will or Durable Power of Attorney for Health Care, allows a person to give their instructions about future medical care if he or she is unable to participate in decisions due to serious illness or incapacity. Despite the fact the Patient Self Determination Act requires health care facilities to provide patients with information about advance directives on admission, and the public and health care professionals support the use of advance directives, few people actually complete these documents. This project was developed in support of a local community hospital's commitment to promote the creation and use of advance directives. Part one of the project involved working with the hospital's Advance Directive Committee to update and revise the Advance Directive Policy and Procedure to meet Joint Commission Standards. Part two of the project was the creation of an Advance Directive Education Module for health care professionals designed to be used as part of the employees' annual education review. The new policy created a solid framework for health care professionals to follow when working with patients and their health care goals. The computer-based Advance Directive Education Module reviewed general information about advance directives, informed health care professionals of the new Advance Directive Policy and Procedure, and gave facility-specific actions to take when working with patients and their advance directives.
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Butler, D. A. "An evaluation of judicial approaches to determining tortious liability in negligence for psychiatric injury independent of physical injury in Australia and England." Thesis, Queensland University of Technology, 1996. https://eprints.qut.edu.au/35787/1/35787_Digitised%20Thesis.pdf.
Full textAbstract:
This thesis comprises an evaluation of existing and suggested approaches, and promulgation and defence of a preferred approach, to liability for psychiatric injury (or
'nervous shock') resulting from the unintentional conduct of another and occurring independently of any physical injury to the sufferer. Such a claim was first recognised a
little over one hundred years ago but since that time the precise limits of liability for psychiatric injury has been an issue that has vexed courts in many jurisdictions. Even
today there is no common approach to liability for psychiatric injury in Australia and England. This position is contributed to by the recent divergence in approaches to the determination of the existence of a duty of care in negligence in those countries. The thesis establishes a yardstick which is argued as being reflective of good judicial reasoning, at least as is appropriate to the subject of the enquiry, psychiatric injury. It
then lays a foundation for the evaluation by an historical and analytical analysis of liability for psychiatric injury. The historical trace is set in the context of the development of the elements of the cause of action for negligence, including the recent divergence in approaches to duty, while the comparative analysis embraces decisions in Australia, England, Ireland, Scotland, New Zealand, Canada and the United States. In relation to
the last mentioned, due to the lack of a federal attribute each state jurisdiction determines its own approach to the equivalent of liability for psychiatric injury, and there is no uniformly accepted response. Against this analysis, the thesis juxtaposes a medical perspective of 'nervous shock'. This perspective facilitates an evaluation of the medical legitimacy of past and current approaches and concepts and informs the promulgation of a preferred approach, including a more refined definition of the damage deemed worthy of compensation. The thesis also analyses the policy factors, or considerations of community welfare
external to the interests of the parties to a particular dispute, that have shaped the limits of liability for psychiatric injury, including an assessment of the continued legitimacy of policy factors as measured against the yardstick for good judicial reasoning. It then
proceeds to assess against the yardstick the continued legitimacy of individual concepts which have been promoted as being the appropriate limitations of liability.
The thesis proceeds to critique the current approaches to duty of care in Australia and England, utilising psychiatric injury as a catalyst and evaluating the approaches against the yardstick. A literature review which critiques alternative approaches that have been
suggested then follows. The climax of the thesis is the promulgation of a preferred approach, which draws on the
analysis and evaluation throughout the thesis. This preferred approach advocates a more specific definition of the damage deemed worthy of compensation, an accommodation of an overt identification and assessment of relevant policy considerations, an incremental approach to the establishment of duty of care and greater emphasis upon the other elements of the negligence cause of action. This preferred approach is demonstrated as conforming to the yardstick and is accordingly defended as reflective of good judicial reasoning.
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Collingbourne, Tabitha. "Realising disability rights? : implementation of the UN Convention on the Rights of Persons with Disabilities in England : a critical analysis." Thesis, University of Sheffield, 2012. http://etheses.whiterose.ac.uk/3904/.
Full textAbstract:
This thesis is about understandings, how those understandings shape the law and how the law helps to shape those understandings. Its first premise is that law is not neutral: it is formed and functions within a complex and dynamic socio-political context from which it is inseparable. From that premise, the thesis argues that partial understanding of the context in which the law has been formed may result in mis- or partial understandings, and thus mis- or partial application, of the law itself. The argument is made through political discourse analysis of the UN Convention on the Rights of Persons with Disabilities (CRPD) and implementation in England of Article 19, the right to live independently and be included in the community. The CRPD is seen as emancipatory law, offering a re-description of the world and of disabled people’s place in it, and requiring for its full implementation transformative paradigm change. Whether the Convention-drafters’ hegemonic project succeeds will depend in part on the understandings already circulating in national settings. Turning to the United Kingdom, the thesis identifies resistance on the part of successive governments to international understandings of economic, social and cultural rights, and their consequent invisibility in domestic discourse, as potential barriers to realisation of the CRPD’s emancipatory purpose. The remainder of the thesis investigates the extent to which this mis-understanding currently affects implementation in England of CRPD Article 19. Independent living policy, legislation, decision-making and redress are examined for evidence of CRPD-compatible change. The thesis concludes that the exclusion of international economic, social and cultural rights standards from domestic discourse results in mis- and partial understandings, and thus in mis- or partial application, of Article 19. This in turn undermines implementation of the Convention as a whole, and frustrates its drafters’ purpose in the English domestic sphere.
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Bastow, Simon. "Overcrowded as normal : governance, adaptation, and chronic capacity stress in the England and Wales prison system, 1979 to 2009." Thesis, London School of Economics and Political Science (University of London), 2012. http://etheses.lse.ac.uk/360/.
Full textAbstract:
Why do public policy systems sustain chronic conditions despite general consensus that these conditions are detrimental to overall performance? The answer is because they are, in one way or another, sustainable. Systems find ways of sustaining manageable and acceptable equilibrium between demand for their services and their supply. Yet in doing so, they develop ways of coping with and normalizing situations of chronicness. This research is about chronic capacity stress (CCS) in a large and complex public policy system. CCS may be caused by excessive demand for services. It may also be caused by inadequate supply. Either way, it is a property of sustainable equilibrium between the two, and therefore must be understood in these dynamic terms rather than as just the product of one or the other. I examine overcrowding in the England and Wales prison system as an archetypal case of CCS. It starts with the assumption that the prison system should in theory be set up to deal with the demands made upon it. In doing so, it examines the way in which the system itself has coped with, normalized, and sustained crowding over the years. I have conducted in-depth interviewing with former ministers, top officials, governors, and other key actors, as well as extensive quantitative analysis covering three decades. I develop four inter-related themes as a part of a ‘problematique’ which explains why CCS is sustained: ambivalence towards rehabilitation, coping and crisis culture, benign resistance, and obsolescence and redundancy. Constrained autonomy of actors and their adaptive behaviours are key to understanding how the system sustains CCS, and how it is able to function despite CCS. Ultimately, I show how three groups of public policy theory – public choice, cultural theory, and governance - are vital aspects of an overall explanation, but that independently they are insufficient to explain why chronicness sustains, and therefore must be integrated into a more holistic, governance-style explanation. CCS can be seen as a function of governance dysfunction.
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SUBRAMANIAN, ANAND. "DEVELOPING MTM MODIFIERS FOR TASKS PERFORMED BY INDIVIDUALS WITH PERMANENT PARTIAL DISABILITY OF THE FINGERS." University of Cincinnati / OhioLINK, 2007. http://rave.ohiolink.edu/etdc/view?acc_num=ucin1186662098.
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Grugan, Cecilia Spencer. "Disability Resource Specialists’ Capacity to Adopt Principles and Implement Practices that Qualify as Universal Design at a 4-Year Public Institution." Wright State University / OhioLINK, 2018. http://rave.ohiolink.edu/etdc/view?acc_num=wright1526997302503817.
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Kragnienė, Inga. "Skirtingos fizinės negalios neįgaliųjų plaukikų požiūris į klasifikacijos sistemą ir galimybės siekti rezultatų." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2008. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2008~D_20080618_125536-62354.
Full textAbstract:
Klasifikacijos pagrindinis tikslas - užtikrinti lygiavertį neįgaliųjų plaukikų su skirtingoms fizinėmis negalėmis dalyvavimą varžybose. Lygiavertiškumo įvertinimas yra labai sudėtingas procesas, dėl to vis dar tęsiasi mokslininkų diskusijos ieškant naujų tyrimo metodų, kaip išanalizuoti ir objektyviai įvertinti skirtingos negalios plaukikų galimybes dalyvauti neįgaliųjų plaukime. Tyrimo objektas – skirtingų fizinių negalių neįgalieji plaukikai. Dėl vis besitesinčios diskusijos apie klasifikacijos problemas ir išsamesnių tyrimų trūkumo, funkcinės plaukimo klasifikacinės sistemos tyrimai išlieka aktualūs ir reikšmingi. Dėl to, kad mažai tyrinėtas neįgaliųjų požiūris į klasifikacijos sistemą ir netyrinėtas treniruočių poveikis skirtingos negalios plaukikų rezultatams buvo suformuluotos tokios hipotezės:
• skirtingos fizinės negalios plaukikų požiūris į klasifikacijos sistemą turėtų būti teigiamas;
• skirtingos fizinės negalios tipo, bet tos pačios klasės plaukikų aerobinio pajėgumo rodikliai ir plaukimo rezultatai turėtų būti panašūs.
Šio darbo tyrimo tikslas – nustatyti ir įvertinti skirtingos fizinės negalios tipo plaukikų požiūrį ir galimybes dalyvauti neįgaliųjų plaukime, aerobinio pajėgumo rodiklių ir plaukimo rezultatų kitimo aspektais. Šiam tiksliu pasiekti buvo iškelta keletas uždavinių:
1. nustatyti ir įvertinti neįgaliųjų plaukikų požiūrį į klasifikacinę sistemą ir galimybes dalyvauti plaukime;
2. nustatyti ir įvertinti aštuonių savaičių trukmės treniruočių įtaką... [toliau žr. visą tekstą]Sport classification systems help to ensure that competition is equitable and individuals who, do so because of training and talent and not because their disability happens to be less severe then their opponents. For international competition the system changes. Since the late 1980”s international swimming for athletes with disabilities has used a functional classification system. It was a lot of proble in this disability system. Disability swimming is a complex social system with many individual actors interaction with each other to fulfill specific functions that are necessary to optimize disability swimming as a viable part of the disability sport movement. The purpose of this study was to determine of physical disable swimmer side and possibilities have a good result. Hypothesis of the research: • Sport classification system mast to help the person with different physical disable in the game; • the person with different physical disable in the same S4 class capacity mast to be the equable. The goals of this study: 1. ascertains and evaluate disabled swimmer side to classification systems; 2. ascertains and evaluate eight weeks aerobics training effect for S4 class disable swimmer; 3. ascertains and evaluate functional swimmers classification system capacity for S4 class different physical ddisable. Methods: • questioned; ��� testing; • exsperiment; • mathematical statistics. The research were carried out in Lithuanian academy of physical education in laboratory. In... [to full text]
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Webb, Michelle Louise. "'As fowle a ladie as the smale pox could make her' : facial damage and disfigurement in sixteenth- and seventeenth-century England." Thesis, University of Exeter, 2017. http://hdl.handle.net/10871/30058.
Full textAbstract:
This thesis investigates facial damage and disfigurement in sixteenth- and seventeenth-century England, with a primary emphasis upon acquired disfigurement as a result of trauma or disease. It considers facial damage and disfigurement from the perspectives of those whose own faces were affected, those who encountered others with damaged faces, and the medical practitioners who treated and wrote about facial damage. The central research questions addressed here are: what was it like to have, to see, or to treat an atypical face in early modern England? The thesis is structured so that it addresses three main aspects of this subject. The first is the medical and surgical treatment of the face, and the ways in which medical practitioners discussed the facially damaged patients whom they encountered. The second main area of research is the impact that the gendered framework of early modern society had upon responses to facial difference. The third area of research is into the role played by disgust in determining reactions to some facial damage. This section of the thesis investigates the non-visual aspects of some facial damage and the extent to which the fluids and smells produced by the damage caused by conditions such as the pox might have resulted in stigmatisation. Together, these three strands of research form a wide-ranging investigation into the experience of, and responses to, facial damage and disfigurement in sixteenth- and seventeenth-century England.
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Faker, Mogamat Salie. "Incapacity for poor work performance in the education sector." Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1020209.
Full textAbstract:
According to the latest Education Statistics Report published by the Department of Basic Education in March 2013, there were 12 680 829 learners and students in the basic education system in 2011, who attended 30 992 education institutions and were served by 441 128 educators. The vision of the Department of Basic Education is of a South Africa in which all our people have access to lifelong learning and education and training, which will, in turn, contribute towards improving the quality of life. Ultimately this will influence the building of a peaceful, prosperous and democratic South Africa. The emphasis is on excellence. Therefore maintaining high standards of performance and professionalism is a national imperative. However, this has not always been the case in terms of performance. For more than a decade we have witnessed dismal results in literacy and numeracy. This was accompanied by a low throughput rate. Despite the poor matric, literacy and numeracy results in South Africa as well as the low throughput rate, no teacher has been formally charged for poor performance in the last two decades. South Africa’s education budget is regarded as one of the highest in the developing world. Since 1993 the education budget has also grown substantially. South Africa’s education expenditure on education has grown from R30 billion in 1994/05 to R101 billion in 2007/08. Spending on education grew even further from R207 billion in 2012/13 to a projected R236 billion in 2014/15. Additional allocations of R18.8 billion over the medium term are accommodated, including equalisation of learner subsidies for no-fee schools and expanded access to grade R.6 Over the rest of the medium-term-expenditure framework (MTEF),7 spending on education, sport and culture will amount to R233 billion in 2013/14. The investment in education has not yet yielded the desired results and the outcome of education is not in keeping with the substantial input. This crisis in education is one of the major challenges facing Government, Administrators, educators, parents and children of today. According to Spaull,9 the South African government spends the equivalent of $1225 (R12440.26)10 per child on primary education, yet accomplishes less than the government of Kenya which spends only the equivalent of $258 (R2620.80)11 per child. Various reasons such as poverty, management, leadership, imbalances of the past, two unequal education systems, poor management, training and development, non-accountability, role of government and unions, have been identified for the poor state of our education system. However, what is noticeably absent and hardly mentioned in any of the position papers, is that not a single teacher has been held accountable and dismissed for incapacity for the poor performance in the education sector. Unfortunately, there is no record in any of the provincial education departments’ annual reports that a teacher has been dismissed or at least placed on a formal programme of incapacity for poor performance. Therefore, we have to ask the question: “Are we getting value for money?".
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Steffensen, Birgit F. "Functional ability in non-ambulatory people with Duchenne muscular dystrophy or spinal muscular atrophy assessed with the EK scale /." Stockholm, 2002. http://diss.kib.ki.se/2002/91-7349-252-3.
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Kuktelionytė, Aurelija. "Intelekto negalią turinčių asmenų fizinis pajėgumas negalios, lyties ir amžiaus aspektu." Bachelor's thesis, Lithuanian Academic Libraries Network (LABT), 2013. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2013~D_20130910_132609-57351.
Full textAbstract:
Tyrimo objektas: Sutrikusio intelekto asmenų fizinio pajėgumo ir fizinių ypatybių rodikliai.
Tyrimo tikslas: Nustatyti ir įvertinti intelekto negalią turinčių asmenų fizinį pajėgumą negalios, lyties ir amžiaus aspektu.
Uždaviniai:
1. Nustatyti ir įvertinti sutrikusio intelekto asmenų fizinį pajėgumą negalios ir lyties aspektu;
2. Nustatyti ir įvertinti sutrikusio intelekto asmenų fizinį pajėgumą amžiaus aspektu;
3. Nustatyti ir įvertinti sutrikusio intelekto asmenų fizinių ypatybių kaitą negalios ir lyties aspektu;
4. Nustatyti ir įvertinti sutrikusio intelekto asmenų fizinių ypatybių kaitą amžiaus aspektu.
Rezultatai ir išvados: Nustatyta, kad lyties aspektu geresnis fizinis pajėgumas dominuoja tarp nežymiai protiškai atsilikusių mergaičių, Nustatyta, kad fizinis pajėgumas negalios aspektu yra geresnis tarp nežymų intelekto sutrikimą turinčių asmenų, o vertinant fizinį pajėgumą pagal amžių geresni rezultatai pasiekti 14-17m. amžiaus grupėje. Taip pat pastebėta, kad lytis, negalia ir amžius skirtingai įtakoja intelekto sutrikimų turinčių asmenų fizinių ypatybių kaitą.
Pasiūlymai: Norint gerinti intelekto sutrikimą turinčių mokinių fizinį pasirengimą, fizinį pajėgumą, taip pat siekiant ugdyti fizines ypatybes, rekomenduojama: skatinti fizinį aktyvumą mokyklos ir namų aplinkoje, atsižvelgti į konkrečius judėjimo sistemos sutrikimus, psichomotorines, pažinimo ir emocines, protiškai atsilikusių asmenų ypatybes ir tikslingai individualizuoti fizinio aktyvumo programą, tikslingai... [toliau žr. visą tekstą]The research focused on: Persons with intellectual disability indicators of physical capacity and physical properties. The research purpose: To identify and assess persons with intellectual disability physical capacity disability, gender and age aspect. Objectives: 1. To identify and assess persons with intellectual disability physical capacity disability and gender aspect; 2. To identify and assess persons with intellectual disability physical capacity age aspect; 3. To identify and assess persons with intellectual disability indicators of physical properties disability and gender aspect; 4. To identify and assess persons with intellectual disability indicators of physical properties age aspect. Results and conclusions: Identified that gender is better in terms of physical capacity among disadvantaged girls, and slightly mentally between the middle of intelligence superior physical capacity observed among boys. Found that the physical capacity the disability aspect is better between a slight disturbance in the persons with disabilities, and physical ability to achieve better results under the age of 14-17 m. age group. It is also noted that gender, disability and age in contrast to persons with intellectual disabilities affects the indicators of physical properties. Suggestions: In order to improve the intelligence of students in physical training, the disruption of the physical capacity, as well as to develop their physical properties, it is recommended that: promote... [to full text]
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Hood, Lillian. "Attributions about individuals with disabilities in employment contexts." View electronic thesis (PDF), 2009. http://dl.uncw.edu/etd/2009-1/rp/hoodl/lillianhood.pdf.
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Wheeler, John J., Michael R. Mayton, and Stacy L. Carter. "Addressing Infrastructure and Capacity Needs for Providing Services and Supports to Individuals with ASD." Digital Commons @ East Tennessee State University, 2014. https://dc.etsu.edu/etsu-works/271.
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Lamarca, Casado Rosa. "Gender diferences in the association between disability and mortality in the elderly." Doctoral thesis, Universitat Pompeu Fabra, 2006. http://hdl.handle.net/10803/7097.
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Aquesta tesi avalua l'existència de diferencies per gènere en la relació entre discapacitat i mortalitat, i aspectes metodològics en l'anàlisi de supervivènciad'estudis de gent gran. Es van utilitzar les dades provinents d'una cohort de 1.315 subjectes amb edats superiors o iguals a 65 anys que van ser seguits durant un periode de 8 anys. La discapacitat es va mesurar mitjançant la capacitat que declarava l'individu per dur a terme activitats de la vida diària bàsiques. La discapacitat va evolucionar al llarg del temps empitjorant amb l'edat, però una proporció no menyspreable va ser capaç de recuperar-se. Es van observar diferències per gènere en l'evolució de la discapacitat: les dones tenien més dificultats en recuperar la seva capacitat funcional un cop esdevenien discapacitades. La força de l'associació entre la discapacitat i la mortalitat disminuia a edats avançades. Es van trobar diferencies per sexe: les dones depenents mostraven un risc de morir més alt que el homes depenents.
Polítiques de salut dirigides a dones discapacitades haurien de ser implementades degut a la proporció més elevada de dones discapacitades, la probabilitat menor que tenen de recuperar la capacitat funcional, i el risc de morir més elevat que presenten comparat amb homes dicapacitats.
This thesis evaluates the existence of gender differences in the relationship between disability and mortality, as well as methodological aspects of the survival analysis for elderly studies. Data from a cohort of 1,315 subjects aged 65 years and older followed-up 8 years was used. Disability was assessed by self-reported difficulty to perform basic activities of daily living.
Disability evolved over time worsening with age, but a non-negligible proportion was able to recover. There were gender differences in the evolution of disability: women were less able to regain functional capacity once they become disabled. The strength of the association between disability and mortality decreased in the older ages. But differences by gender were found: dependent elderly women showed a higher risk of dying compared to dependent men.
Health policies focusing on disabled women should be implemented, due to the higher proportion of disabled women, the lower probability of regaining functional capacity, and their higher risk of dying compared to disabled men.
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Lyon, Lucille Castillo. "California conservatorships: An examination into ethics, standards, and judical monitoring." CSUSB ScholarWorks, 1994. https://scholarworks.lib.csusb.edu/etd-project/945.
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Theunissen, Karen Sunette. "A critical review of the validity of the Credibility Assessment Tool (CAT) and its application to the screening of suspected malingering." Thesis, Stellenbosch : University of Stellenbosch, 2011. http://hdl.handle.net/10019.1/6516.
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Thesis (MOccTher)-- University of Stellenbosch, 2011.ENGLISH ABSTRACT: Malingering, the intentional simulation or exaggeration of symptoms for secondary gain, has a significant financial impact on disability insurance given its prevalence. Multidisciplinary professionals involved in disability determination therefore require a tool which would assist in the screening of suspected malingerers. AIM: The Credibility Assessment Tool (CAT), a tool which was developed as part of the Performance APGAR, was reviewed in terms of its validity and application to the screening of malingering. Research objectives included the review of face and content validity through a literature review and concept analysis, as well as the review of construct and concurrent validity by comparing the results with the operationalised malingering construct and available malingering protocols. The adapted Slick criteria as proposed by Aronoff, applicable to chronic pain, neurocognitive, neurological and psychiatric symptoms, was identified as the most suitable criterion standard for use of comparison. DESIGN: The research design was a descriptive analytical design, which was performed retrospectively with a report review from insurance referrals to the researcher. Informed consent was obtained from insurers who legally own the reports. A saturated sample of convenience of 184 cases with depression and pain as predominant symptoms were analysed. Recall bias were minimised through omission of personal identifiers and the use of a peer check of 20 random cases. Results in the peer check were suggestive of poor inter-rater reliability, rather than recall bias. METHOD: Cases were analysed according to the guidelines from the respective authors of the CAT and adapted Slick criteria, however this was further defined to ensure that the study could be replicated. RESULTS: Face validity was adequate in terms of purpose, item selection and association between consistency criteria, however require improvement in terms of standardised instruction and weighting of the scale. Content validity was rated as adequate to excellent, given that it supports criteria linked to the malingering construct. Construct validity was adequate as demonstrated by association between concepts obtained through concept analysis. Correlation between the CAT and adapted Slick was strong (r>0.5) however caution is expressed that this requires further research. CONCLUSION: Recommendations for further research included the review of content validity with subject experts, criterion and predictive valid through a case-control study of known-groups, as well as the reliability of the CAT, and the use of specialised ADL indices for malingering detection. Adaptation to the CAT was depicted in the proposed Consistency Assessment Tool.
AFRIKAANSE OPSOMMING: Malingering, die opsetlike nabootsing of oordrywing van simptome vir sekondêre gewin, het ‘n beduidende finansiële impak op ongeskiktheidsversekering as gevolg van die prevalensie daarvan. Multidissiplinêre professionele persone betrokke by ongeskiktheidsevaluasies het daarom ‘n meetinstrument nodig om moontlike malingeerders te identifiseer. DOEL: Die Credibility Assessment Tool (CAT), wat ontwikkel was as deel van die Performance APGAR, was ondersoek in terme van geldigheid en toepassing op malingering. Navorsingsdoelwitte het die ondersoek van voorkoms- en inhoudsgeldigheid deur ‘n literatuurstudie en konsep analise behels, sowel as konstruk- en korrelasie geldigheid deur die vergelyking van die resultate met beskikbare malingering protokolle en operasionele konstrukte. Die aangepaste Slick kriteria soos voorgestel deur Aronoff, wat toepaslik is op kroniese pyn, neurokognitiewe, neurologiese en psigiatriese simptome, was ge-identifiseer as die meeste gepaste kriterium standaard vir vergelyking. ONTWERP: Die studieontwerp was ‘n beskrywende analitiese studie wat retrospektief uitgevoer was deur ‘n ondersoek van verslae van versekeraars. Ingeligte toestemming was verkry van versekeraars wat die wetlike eienaars van die verslae is. ‘n Gerieflikheidsteekproef van 184 gevalle met depressie en pyn as hoof simptome was geanaliseer. Sydighede was verminder deur persoonlike inligting te verwyder en die gebruik van ‘n eweknie evaluasie van 20 ewekansige getrekte gevalle. Voorlopige resultate dui onbevredigende betroubaarheid aan, eerder as sydighede. METODE: Gevalle was ge-evalueer volgends die riglyne van die verskeie outeure van die CAT en aangepaste Slick kriteria, en was sodanig verder gedefinieer om te verseker dat die studie herhaal kan word. RESULTATE: Voorkomsgeldigheid was voldoende, maar verbetering is aanbeveel in terme van gestandardiseerde instruksie en skaal verdeling. Inhoudsgeldigheid was beduidend in vergelyking met die wetenskaplike literatuur en die geoperasionaliseerde konstrukte. Konstrukgeldigheid was bevestig deur die positiewe verhoudings tussen die aangepaste Slick en CAT kriteria. ‘n Sterk korrelasie was gevind tussen die aangepaste Slick en CAT, maar hierdie moet versigtig geinterpreteer word aangesien verdere navorsing verlang word. GEVOLGTREKKING: Aanbevelings vir verdere navorsing sluit in die ondersoek van die inhoudsgeldigheid met eksperte, kriterium- en voorspellingsgeldigheid, sowel as die betroubaarheid van die CAT en die gebruik van gespesialiseerde ADL indekse vir uitkenning van malingering. Aanpassing vir die CAT word ook voorgestel.
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Durell, Shirley. "Advancing inclusive research practices and media discourses : representations of learning disabled adults by the contemporary, print version of English national newspapers." Thesis, Coventry University, 2013. http://curve.coventry.ac.uk/open/items/3ffd0312-0e29-450b-8ba3-d05f8ce12fc4/1.
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As a result of a complex range of cultural, economic and social factors, contributions by learning disabled people to the production of knowledge have been at best marginalised and at worst rendered silent. This study seeks to break that silence by engaging learning disabled people as co-producers of disability and media research discourses. It does this in two main ways: by addressing the manner in which they are positioned in the research process, and by identifying the ways in which they are (mis)represented or not in newspapers. This research not only investigates but it also presents new ways of giving learning disabled people a say in the knowledge production process. y the adoption of a mixed method approach in which learning disabled people are placed at the centre of the research process, this study aims to identify and critically analyse the significance and meanings of representations of learning disabled adults by the contemporary, print version of English national newspapers. Drawing from both quantitative and qualitative research methodologies, it uniquely incorporates distinct but interrelated data collection stages, including a research advisory group and two focus groups with learning disabled people and their supporters, alongside a content analysis of five hundred and forty six learning disability news stories. This study offers new insights into the application and development of inclusive research principles, highlighting the contributions of supporters to the research process and the roles of a nondisabled inclusive researcher. It reveals the predominant ways by which learning disabled adults are represented by newspapers and how they are not generally engaged as sources of these news stories, while presenting the views of focus group members, throughout these discussions of the content analysis. This thesis concludes with a consideration of the implications of the findings for the future direction of inclusive research practices and media discourses that engage learning disabled people as co-producers of knowledge.
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Boy, Anthony Albert. "Dismissal for medical incapacity." Thesis, Nelson Mandela Metropolitan University, 2004. http://hdl.handle.net/10948/d1016262.
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Labour law in South Africa has evolved over the past century at an ever increasing pace. The establishment of a democratic government in 1995 has been the trigger for a large number of labour law statutes being promulgated, particularly with reference to the laws governing the employment relationship and dismissal. From very humble and employer biased dispute resolution application under the common law of contract, labour law in this country has evolved through the various acts culminating in a labour law system which is highly regulated and codified. Dismissal for medical incapacity in this treatise is reviewed with regard to the applicable statutes and the various codes of good practice as the law has evolved and developed from the period covered by the common law through that covered by the 1995 LRA up to and including the current period. Particular attention is paid to both substantive and procedural requirements as well as the remedies applicable under the different legal regimes and the pertinent tribunals and courts. Regard is also given to the duration and causes of incapacity and the effect this may have on the applicable remedy applied by these tribunals. It will become apparant that the medically incapacitated employee occupied a relatively weak and vulnerable position under the common law as opposed to the current position under the 1995 LRA. The influence of the remedies applied by the tribunals under the 1956 LRA are clearly evident in the current regulations and codes under the 1995 LRA which contain specific statutory provisions for employees not to be unfairly dismissed. Distinctions are drawn between permissible and impermissible dismissals, with medical incapacity falling under the former. Furthermore, a distinction is drawn statutorily between permanent and temporary illhealth/injury incapacity with detailed guidelines for substantive and procedural fairness requirements to be met by employers. The powers of the specialist tribunals (CCMA, Bargaining Councils and Labour Courts) are regulated by statutory provisions and deal with appropriate remedies (reinstatement and/or compensation) a wardable in appropriate circumstances. Certain specific areas nonetheless still remain problematic for these tribunals and hence questions that require clear direction from the drafters of our law are: How to distinguish misconduct in alcohol and drug abuse cases? What degree of intermittent absenteeism is required before dismissal would be warranted? In certain other areas the tribunals have been fairly consistent and prescriptive in their approach and remedies awarded. Included here would be permanent incapacity, HIV cases and misconduct. It will emerge, however, that under the 1995 LRA the position of employees and the protections afforded them have been greatly increased.
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Lecoq, Nathalie. "Évaluation critique du régime juridique québécois en matière de consentement aux soins pour le majeur inapte." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82662.
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Le regime juridique instaure par le legislateur quebecois en matiere de consentement aux soins pour le majeur inapte merite d'etre revise. La determination de cette inaptitude produit des effets importants. Le constat d'inaptitude prive la personne majeure de son droit de prendre une decision a l'egard de sa sante, une des spheres les plus personnelles et privees de sa vie. Cette these utilise une approche transdisciplinaire, puisant a la fois dans le droit et la bioethique, pour evaluer de facon critique: l'encadrement de la determination de cette inaptitude, la determination juridique de cette inaptitude et les dispositions pertinentes du Code civil du Quebec qui s'appliquent en matiere de consentement aux soins lorsque cette inaptitude est constatee par le medecin. L'auteur conclut que l'objectif vise par le legislateur quebecois, le respect de la personne, n'est que partiellement atteint.
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Wandt, Alexander. "Das Innenrecht der (teil- )rechtsfähigen BGB-Gesellschaft /." Berlin : Duncker & Humblot, 2009. http://d-nb.info/992438764/04.
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Sami, Ahmed Laila, and Jabbar Zeinab Jalal. "Anställningsbar eller icke anställningsbar. Arbetsförmedlingen, arbetsmarknaden & individer med funktionsnedsättning." Thesis, Malmö universitet, Fakulteten för hälsa och samhälle (HS), 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-25969.
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Den största förmedlaren av arbeten i Sverige är Arbetsförmedlingen, de ska underlätta för alla arbetssökande och för individer med funktionsnedsättning att etablera sig på arbetsmarknaden genom olika stödinsatser. Syftet med studien är att undersöka vilka möjligheter respektive begränsningar arbetsförmedlarna upplever gällande att stödja individer med funktionsnedsättning att etablera sig på arbetsmarknaden samt vilka metoder de använder sig av i denna process. Studien vilar på en kvalitativ metod och förhåller sig till semistrukturerade intervjuer. De sju intervjuade personerna har varit anställda på två utvalda Arbetsförmedlingar i Södra Sverige. Empirins slutsats visade att intervjupersonerna hade flera olika metoder de kunde använda, detta för att etablera individer med funktionsnedsättning som till exempel arbetsförmågebedömning, funktionshinderkodning, arbetsträning och praktik. Möjligheterna de anställda hade var att de kunde använda sig av de olika metoderna samt uppföljning med arbetsgivarna och den arbetssökande. De anställda vill stödja individerna med funktionsnedsättning men kan begränsas av till exempel regelverket och finansiella skäl, Arbetsförmedlingens rykte, arbetsgivarnas attityder och av omorganisationen som Arbetsförmedlingen genomgår pågående.The largest mediators of work in Sweden are the Swedish public employment service called “Arbetsförmedlingen”. Their work ethics are to facilitate for the individuals in the swedish society but also individuals that are disabled to establish in the labor market with contributions. The purpose of this study is to research what type of opportunities and limitations the workers experiencing concerning the support of the individuals who are disabled to establish their selves in the labor market, also what types of methods they use in this process. The study is based on a quantitative method and semi-structured interviews. The seven people we interviewed were employees for two selected employment services in southern Sweden. The empirical conclusion showed that the interviewees had several different methods they could use, in order to establish individuals with disabilities such as work ability assessment, disability coding, work training and practice. The opportunities the employees had were that they could use the different methods and follow-up with the employers and the job seeker. The employees want to support the individuals with disabilities, but can be limited, for example, by the regulations and financial reasons, the Swedish Public Employment Service`s reputation the employer`s attitudes and the reorganization that the Public Employment Service is undergoing.
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Rodrigues, Júlia Martins. "Deficiência mental, capacidade plena e autodeterminação as inovações previstas na lei de inclusão brasileira." Universidade Federal de Juiz de Fora (UFJF), 2017. https://repositorio.ufjf.br/jspui/handle/ufjf/5964.
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O trabalho procura investigar a capacidade de fato como ferramenta apta a tutelar a autodeterminação das pessoas com deficiência. Parte-se da identificação de uma base teórica adequada à integração da capacidade de exercício plena à garantia de uma igualdade genuína para essas pessoas. A partir daí, identifica-se a proteção da personalidade com a proteção da capacidade da pessoa em exercer os atos da vida civil segundo sua própria vontade, avaliando os limites e as possibilidades do regime das incapacidades na proteção das pessoas com deficiência. Para tanto, o trabalho abarca o histórico de tratados e convenções internacionais sobre direitos da pessoa com deficiência, de conferências nacionais, bem como o desenvolvimento da loucura na história da humanidade. Busca-se desconstruir a noção comum de deficiência, compreendendo seu novo conceito técnico jurídico e a possível extensão desse conceito a distúrbios psicológicos contemporâneos. Adota-se como marco teórico a assertiva de que a deficiência é um conceito culturalmente construído (Nussbaum, 2004). A pesquisa procede a um estudo crítico da literatura jurídica especializada, sobretudo quanto às críticas direcionadas às alterações previstas na Lei de Inclusão brasileira. Conclui-se pela confirmação da hipótese de trabalho, que considera a capacidade plena como condição imprescindível para a tutela da dignidade da pessoa, para a promoção da autodeterminação do indivíduo e para o livre desenvolvimento de sua personalidade.
The study seeks to investigate the full capacity as a tool able of protecting the selfdetermination of people with cognitive disabilities. It begins by identifying a theoretical basis appropriate to the integration of full exercise capacity to ensure genuine equality for these people. From there, protection of personality is identified with the protection of the person's ability to perform the acts associated with civil life according to his or her own volition, assessing the limits and possibilities of the disability rule in the protection of people with disabilities. To do so, the work covers the history of international treaties and conventions on the rights of persons with disabilities, of national conferences, as well as the development of “madness” in the history of humanity. The study seeks to deconstruct the common notion of disability, including its new legal technical concept and the possible extension of this concept to contemporary psychological disorders. The assertion that disability is a culturally constructed concept (Nussbaum, 2004) is the theoretical approach. The research proceeds to a critical study of specialized legal literature, especially regarding the criticisms directed at the changes foreseen in the Brazilian Inclusion Law. We conclude by confirming the hypothesis of work, which considers full capacity as an essential condition for the protection of the dignity of the person, for the promotion of selfdetermination of the individual and for the free development of his personality
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AZEVEDO, Rafael Vieira de. "O novo regramento da capacidade civil das pessoas com deficiência no ordenamento jurídico brasileiro e seus reflexos à luz da teoria do fato jurídico." Universidade Federal de Pernambuco, 2016. https://repositorio.ufpe.br/handle/123456789/18631.
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CAPES
O principal objetivo deste trabalho é analisar de forma dogmática o novo regramento que conferiu plena capacidade às pessoas com deficiência, que perpassa o estudo das regras e dos princípios que o compõem. Utilizou-se do método analítico- -dedutivo, analisando de forma sistemática os dispositivos da CRFB/1988, da Convenção da ONU sobre os Direitos da Pessoa com Deficiência, do Código Civil/02, Estatuto da Pessoa com Deficiência (Lei Brasileira da Inclusão) e demais diplomas legislativos atinentes ao tema proposto. A pesquisa, apesar de não pretender adentrar profundamente na questão pragmática dos processos de interdição, tem um conteúdo quantitativo e qualitativo. Foi exploratória, descritiva e explicativa, com aproximação do objeto de estudo através de análise tanto das normas positivas e de casos na jurisprudência pátria, como de pesquisas empíricas realizadas em países que adotaram a CDPD, sobre a aplicação pragmática de modelos de apoio na tomada de decisão vigentes naqueles. A fonte de coleta de dados foi bibliográfica documental em diversas obras jurídicas, não só de direito privado e não só da área jurídica, como também da área médica, da sociologia, da psicologia, entre outras ciências, para levantamento de dados. Como resultado, foram identificados dois tipos de apoio na tomada de decisão no direito brasileiro, a curatela da pessoa com deficiência (diferente da curatela tradicional), e a tomada de decisão apoiada (medida de apoio propriamente dita), sendo que em ambos os casos não há qualquer alteração na capacidade civil. Concluiu-se pela existência de um novo regramento diametralmente oposto ao anterior, como também pelas mudanças na estrutura dos atos jurídicos praticados por pessoas com deficiência nos três planos do mundo jurídico.
The aim of this study is to analyze dogmatically the new legal and constitutional standard which gave full capacity to persons with disabilities that permeates the study of rules and principles that compose it. The analytical deductive method was used to analyzing systematically the provisions of CRFB/1988 of the Convention on the Rights of Persons with Disabilitys, the CC/ 02, Estatuto da Pessoa com Deficiência and other pieces of legislation relating to the proposed theme. Though not intending to enter deeply into the pragmatic question of banning processes, the survey has a quantitative and qualitative content. It was exploratory, descriptive and explanatory, with approach to the object of study by analyzing both the positive norms and cases in the country jurisprudence, as empirical research carried out in countries that have adopted the CRPD on the pragmatic application of support models in decision-making in force in those countries. The data collection was bibliographic source documents in several legal works, not only private law and not only legal, but also the medical field, sociology, psychology and other sciences. As a result we identified two types of support in decision-making in Brazilian law, the guardianship of the person with disabilities (different from the traditional guardianship) and supported decision-making (support measure itself) and in both cases there is no change in civilian capacity. A new standard diametrically opposed to the previous one, but also by changes in the structure of legal acts performed by people with disabilities in the three planes of the legal world, has been concluded.
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Souza, Ana Cláudia de 1983. "Sintomas osteomusculares, desempenho no trabalho e incapacidade em trabalhadores da enfermagem." [s.n.], 2011. http://repositorio.unicamp.br/jspui/handle/REPOSIP/311465.
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Orientador: Neusa Maria Costa AlexandreDissertação (mestrado) - Universidade Estadual de Campinas, Faculdade de Ciências Médicas
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Resumo: Os distúrbios osteomusculares são a principal causa de incapacidade e perda de produtividade no trabalho, merecendo destaque no cenário de adoecimento das mais diversas profissões. A literatura destaca os trabalhadores da enfermagem como grupo de risco para o desenvolvimento de sintomas osteomusculares. As afecções osteomusculares podem resultar em dor persistente e incapacidade para o trabalho. Dessa forma, os objetivos desse estudo foram investigar a ocorrência de sintomas osteomusculares em trabalhadores da enfermagem e sua associação com desempenho no trabalho e verificar, entre os indivíduos sintomáticos, a relação entre intensidade da dor e incapacidade. Participaram do estudo 301 sujeitos, com média de idade de 36 anos (DP±9,8), de ambos os sexos e de todos os turnos de trabalho, que compunham o quadro de técnicos e auxiliares de enfermagem de uma Instituição de Saúde, localizada no interior do estado de São Paulo. Inicialmente, os trabalhadores responderam uma ficha de caracterização sociodemográfica, ao Questionário Nórdico e ao Questionário de Avaliação do Desempenho no Trabalho. Aqueles que relataram sintomas ostemusculares em qualquer região corporal, nos últimos seis meses, responderam à Escala Numérica de Dor e ao Questionário de avaliação da incapacidade causada pela dor. Os dados foram submetidos à análise descritiva, de comparação e de correlação. Para comparar o desempenho no trabalho de indivíduos com e sem sintomas osteomusculares foi utilizado o Teste de Mann-Whitney e para correlacionar intensidade da dor e incapacidade, o Coeficiente de Correlação de Spearman. Verificou-se que dos 301 trabalhadores da enfermagem, 80,7% apresentaram sintomas osteomusculares em pelo menos uma região do corpo. Nos últimos seis meses houve maior ocorrência de dor ou desconforto nas regiões lombar (48,5%), torácica (47,5%), ombros (37,2%) e, nos últimos sete dias, a queixa mais freqüente foi dor lombar (27,3%). Quanto ao desempenho no trabalho de indivíduos sintomáticos, a pontuação média obtida foi menor para as demanda física, de plano de trabalho e de produção do que para as demandas social e mental. Quando os escores de sujeitos com sintomas osteomusculares foram comparados com os de assintomáticos, uma diferença significativa entre os dois grupos foi obtida para cada demanda do instrumento de Desempenho no Trabalho (p<0,05), exceto para a demanda social. Ao avaliar a intensidade da dor em indivíduos sintomáticos, verificou-se pontuação média de 4,5, considerada de média intensidade. Foram encontradas correlações significativas moderadas entre os escores de intensidade da dor e os domínios do Questionário de avaliação da incapacidade causada pela dor - Condição Funcional e Psicossocial (r=0,47) e escore total (r=0,50). Os resultados sugerem que os sintomas osteomusculares já estão interferindo na vida laboral desses trabalhadores
Abstract: Musculoskeletal disorders are the leading cause of disability and lost productivity at work, with emphasis on the setting of disease from various professions. The literature highlights the nursing workers as a group at risk for developing musculoskeletal symptoms. The musculoskeletal disorders can result in persistent pain and inability to work. Thus, the objectives were to investigate the occurrence of musculoskeletal symptoms in nursing workers and their association with work role functionning and verify, among symptomatic individuals, the relationship between pain intensity and disability. The study included 301 subjects, mean age was 36 years (SD±9.8), of both gender and all work shifts, which formed the framework of aides and technical nursing from a Health Institution, located in the state of Sao Paulo. Initially, the workers answered a sociodemographic form, the Nordic Questionnaire and the Work Role Functionning Questionnaire. Those who reported musculoskeletal disorders in any body region over the past six months, answered the Pain Numerical Scale and the Pain Disability Questionnaire. The data were submitted to descriptive analysis, comparison and correlation. To compare the work role of individuals with and without musculoskeletal disorders, was used the Mann-Whitney Test and to correlate the intensity of pain and disability of symptomatic individuals, the Spearman Correlation Coefficient. It was found that the 301 nursing workers, 80.7% had musculoskeletal symptoms in at least one body region. Over the past six months there was a higher occurrence of pain or discomfort in the low back (48.5%), upper back (47.5%), shoulder (37.2%) and for the past seven days, the most frequent complaint was low back pain (27.3%). In relation a work role of symptomatic subjects, the mean score obtained was lower for the physical demands, output demands and work scheduling demands than for social and mental demands. When the scores of the subjects with musculoskelestal disorders were compared to the scores of the asymptomatics, a significant difference between the two groups was obtained for each scale of the Work Role Functioning Questionnaire (p<0,05), except for the social scale. When assessing pain severity in symptomatic individuals, there was an average score of 4.5, considered a medium intensity. Significant correlations were moderate between the scores of pain intensity and demands of the Pain Disability Questionnaire - Functional and Psychosocial Status (r = 0.47) and total score (r = 0.50). The results suggest that the musculoskeletal symptoms are already interfering with the working life of these workers
Mestrado
Enfermagem e Trabalho
Mestre em Enfermagem
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Söderberg, Elsy. "Sickness benefits and measures promoting return to work : perspectives of different actors /." Linköping : Dept. of Health and Society, Univ, 2005. http://www.bibl.liu.se/liupubl/disp/disp2005/med904s.pdf.
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Wheeler, John J. "Designing Effective Instruction for Children with ASD." Digital Commons @ East Tennessee State University, 2014. https://dc.etsu.edu/etsu-works/264.
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Wheeler, John J. "Designing Effective Interventions for Children with ASD Across Settings." Digital Commons @ East Tennessee State University, 2014. https://dc.etsu.edu/etsu-works/265.
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