Dissertations / Theses on the topic 'Mental health laws Victoria'
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Kwok, Kun-chung. "An exploratory study of the Mental Health Review Tribunal in Hong Kong /." [Hong Kong : University of Hong Kong], 1993. http://sunzi.lib.hku.hk/hkuto/record.jsp?B13744501.
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Dasgupta, Kabir. "Essays on Mental Health and Behavioral Outcomes of Children and Youth." Diss., Temple University Libraries, 2016. http://cdm16002.contentdm.oclc.org/cdm/ref/collection/p245801coll10/id/394605.
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EconomicsPh.D.
This dissertation incorporates three essays related to youth’s health and human capital outcomes. The first two essays investigate the impacts of important public policies on adolescents’ mental health and risky behavioral outcomes. Essay three examines the effects of mothers’ non-cognitive skills on children’s home environment qualities and their cognitive and behavioral outcomes. Domestic violence is a large public issue in the United States. Chapter 1 investigates the effectiveness of warrantless arrest laws enacted by states for domestic violence incidents on multiple youth mental and behavioral outcomes. Under these laws, police officers can arrest a suspect without a warrant even if they did not witness the crime. Although young women remain at the highest risk of victimization of domestic violence, children ages 3 to 17 years are also at elevated risk for domestic violence. Further, over 15 million children witness domestic violence in their homes every year in the United States. Exposure to domestic violence is associated with various social, emotional, behavioral, and health-related problems among youth. Using variation in timing of implementation of the arrest laws across states, I utilize differences-in-differences analyses in multiple, large-scale data sets of nationally representative samples of youth population to study the impact of the laws on a number of youth mental and behavioral outcomes. Results indicate the presence of heterogeneity with respect to the impact of states’ arrest laws on the outcomes studied. The study is useful for policymakers as it provides important evidence on the effectiveness of state measures designed to reduce domestic violence. The estimates obtained in the analyses are robust to multiple sensitivity checks to address key threats to identification. Chapter 2 empirically examines the effects of state cyberbullying laws on youth outcomes with respect to measures of school violence, mental health, and substance use behavior. Electronic form of harassment or cyberbullying is a large social, health, and education issue in the United States. In response to cyberbullying, most state governments have enacted electronic harassment or cyberbullying law as a part of their bullying prevention law. The analysis uses variation in the timing of implementation of cyberbullying laws across states as an exogenous source of variation. Using nationally representative samples of high-school teenagers from national and state Youth Risk Behavior Surveys, the study finds evidence of a positive relationship between adoption of cyberbullying laws and students’ reporting of certain experiences of school violence, mental health problems, and substance use activities. Regression analyses also study the effects of some important components of state cyberbullying laws. Finally, this study examines the sex-specific impacts of cyberbullying laws and its components on youth. The causal estimates are robust to the inclusion of multiple sensitivity checks. This study provides evidence on the efficacy of public measures designed to address cyberbullying among school-age children. Chapter 3 utilizes matched data from National Longitudinal Surveys of Youth (NLSY79) and Children and Young Adults (NLSY79 CYA), to estimate the impact of mothers’ self-esteem on young children’s home environment qualities that enhance early childhood cognitive functioning and extend better emotional support. The estimates suggest that mothers with higher self-esteem provide better home environment to their children during early stages of childhood. The results are robust across different estimation methods, empirical specifications, and demographic groups. This study also finds that mothers with higher self-esteem are more likely to engage in parental practices that support young children’s cognitive and emotional development. Further analysis shows that mothers' self-esteem has a causal relationship with cognitive and behavioral outcomes of school-age children. The results obtained in this study indicate that early childhood development policies directed towards enhancement of non-cognitive skills in mothers can improve children’s human capital outcomes.
Temple University--Theses
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Iacovelli, Gianpiero. "The Ideology of Mental Illness in Ghana : A Discourse Analysis of Mental Health Laws (1972-2012)." Thesis, Högskolan Dalarna, Afrikanska studier, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:du-28168.
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In 2012, Ghanaian government promulgated a new mental health law aimed at setting up a community-based health care system in order to solve several problems that are affecting mental health facilities and people with mental disorders. The new law was also thought to overcome the limitations of the previous law, which was promulgated in 1972. This study provides an analysis of the mental health laws promulgated by the government of Ghana from 1972 to 2012. Through the methodological tools offered by Critical Discourse Analysis (CDA), the aim of the thesis is to trace the ideological background of mental health laws and its changes over time. The analysis is particularly focused on themes such as the issue of public safety, the construction of the “mentally ill subject” and the conceptualisation of mental illness in the legal texts.
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Gordon, Robert Macaire. "Mental disorders, law, and state : a sociological analysis of the periods of reform in Canadian mental health law." Thesis, University of British Columbia, 1988. http://hdl.handle.net/2429/28791.
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A survey and analysis of Canadian statutes and cases affecting the management of the mentally disordered demonstrates that this area of law has experienced several periods of reform since 1900. In the early 1900's, legislation was characterized by 'limited legalism'. Governments subsequently eased, removed, and then re-imposed forms of judicial and quasi-judicial supervision over the activities of medical practitioners, and the periods of reform are referred to as 'medicalization', 'enhanced medicalization', and the 'new legalism'.
The law reforms are associated with changes in state strategies for the management of the mentally disordered, and the relationship between these reforms and changes, the state, structural conditions (e.g., shifts in economic policy), and human agency (e.g., the work of reformers) is explored through an analysis of the emergence of 'enhanced medicalization' in the 1950's/60's, and the rise of the 'new legalism' in the 1970's/80's. This includes a detailed case study of shifts in strategy and the process of law reform in the province of British Columbia. This component of the research involved an analysis of documentary and archival materials, and the structuralist theoretical trajectory within the neo-Marxist sociology of state and law is utilized to explain the changes.
Enhanced medicalization was an integral part of a strategy involving de-institutionalization, an abandonment of segregated confinement, and the use of community-based resources integrated with the health care component of a Keynesian, 'welfare state'. Institutions were seriously over-crowded, ineffective, expensive, and discredited, and the emergence of social assistance and other features of the welfare state enabled the development of alternatives. The conditions were favourable to the efforts of a group of reformers that was an auxiliary part of the state apparatus; namely, the Canadian Mental Health Association. The latter constructed a strategy and supporting legislation which advanced the interests of psychiatry and resolved the state's order maintenance and legitimation problems in a manner consistent with welfare state expansion.
Economic difficulties and changes which began to emerge in the 1970's created new problems for the state, and cost-stabilization and restraint measures were imposed throughout the politically sensitive health care field. The strategy for the management of the mentally disordered consequently shifted to, in particular, accelerated de-institutionalization aimed at hospital closure. In order to facilitate and legitimate the shift, the state has adopted reforms proposed by the patients' rights movement and, despite the objections of organized psychiatry, introduced legislation which limits the use of hospitals and erodes medical domination (i.e., the new legalism).
The contributions to the sociologies of social control, state and law are discussed and the convergence of these fields is identified. The implications for the neo-Marxist theoretical research programme are examined.Arts, Faculty of
Anthropology, Department of
Graduate
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NeeSmith, David Hagan. "Committed and voluntary psychiatric patients a longitudinal comparison of commitment patterns among first-time inpatients in the Oklahoma mental health system /." Access abstract and link to full text, 1993. http://0-wwwlib.umi.com.library.utulsa.edu/dissertations/fullcit/9403630.
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D'Antonio, Pamela L. "Deinstitutionalization and its implications on mental health emergency services in Berks County." Instructions for remote access. Click here to access this electronic resource. Access available to Kutztown University faculty, staff, and students only, 1993. http://www.kutztown.edu/library/services/remote_access.asp.
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Thesis (M.P.A.)--Kutztown University of Pennsylvania, 1993.Source: Masters Abstracts International, Volume: 45-06, page: 2937. Abstract precedes thesis title page as [2] preliminary leaves. Typescript. Includes bibliographical references (leaves 59-61).
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O'Shea, Melissa 1974. "Neuroticism and the course of depressive disorder from mid adolescence to young adulthood : an investigation of Australian adolescents in the Victorian Adolescent Health Cohort Study." Monash University, Dept. of Psychological Medicine, 2002. http://arrow.monash.edu.au/hdl/1959.1/8151.
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Favreau, Marie-Diane Lucie. "The pre-shrinking of psychiatry : sociological insights on the psychiatric consumer/survivor movement (1970-1992) /." Diss., Connect to a 24 p. preview or request complete full text in PDF format. Access restricted to UC IP addresses, 1999. http://wwwlib.umi.com/cr/ucsd/fullcit?p9935449.
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Graydon, Clare. "Protection or paternalism? : a critical evaluation of Australian legislation relating to sexual acts involving persons with intellectual disability /." Murdoch University Digital Theses Program, 2007. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20090610.84938.
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Chan, Kon-hang Tommy. "The role and experiences of approved social worker (ASWs) relating to the impletmentation of sections 31(1) & 71A of the Mental Health Ordinance (revised 1989) /." Hong Kong : University of Hong Kong, 1994. http://sunzi.lib.hku.hk/hkuto/record.jsp?B13991577.
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Hackworth, Naomi. "Development and application of a methodology for the evaluation of a health complaints process." Australasian Digital Thesis Program, 2007. http://adt.lib.swin.edu.au/public/adt-VSWT20070928.092053/index.html.
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Thesis (DPsych (Health Psychology)) - Faculty of Life and Social Sciences, Swinburne University of Technology, 2007.Submitted as a requirement for the degree of Professional Doctorate in Health Psychology, Faculty of Life and Social Sciences, Swinburne University of Technology - 2007. Typescript. Includes bibliographical references (p. 189-210).
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Byrne, Marion Helen. "Measuring compliance of non-forensic mental health laws with article 12 of the convention on the rights of persons with disabilities." Thesis, Queensland University of Technology, 2019. https://eprints.qut.edu.au/134260/2/Marion_Byrne_Thesis%5B1%5D.pdf.
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This thesis responds to calls for greater clarity regarding the human rights standards that should be met by mental health legislation, and a mechanism by which to measure such standards. The research provides a new and contemporary human rights analysis tool, the Analysis Instrument for Mental Health, and uses the tool to demonstrate compliance of Victorian mental health legislation. The outcomes that can be achieved through use of the tool include identification of compliance with human rights, and law reform required to achieve full recognition of the right to equal recognition before the law under mental health legislation.
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Kwok, Kun-chung, and 郭耿松. "An exploratory study of the Mental Health Review Tribunal in HongKong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1993. http://hub.hku.hk/bib/B31249450.
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Lake, Rosalind. "Discrimination against people with mental health problems in the workplace : a comparative analysis." Thesis, Rhodes University, 2006. http://hdl.handle.net/10962/d1005712.
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For a long time the rights of disabled persons have been ignored worldwide. A major obstacle faced by disabled persons is discrimination in the workplace. Due to the development of a social approach to disability and the efforts of the Disability Rights Movement, legislation has been passed throughout the world to improve this dire situation. The thesis considers the efficacy of some of these statutes. It is concluded that stigma and negative stereotypes remain a constant hurdle in overcoming discrimination. The forthcoming UN Disability Convention is demonstrative of the recognition of the importance of the needs and rights of disabled people. The convention proposes some innovative measures to overcome stigma and stereotyping. Mental health problems constitute one of the leading causes of disability. The thesis explores how people with mental health problems fit within the concept of people with disabilities and whether they are included in anti-discrimination legislation and affirmative action measures. Special attention is given to statutory definitions of disability, the different forms of discrimination and the concept of reasonable accommodation. A comparative approach is taken to analyse how South Africa's disability law measures up against that of Britain and Australia in terms of its substantive provisions and enforcement thereof. In considering the South African position American and Canadian jurisprudence is consulted in order to aid in interpretation. It is concluded that although South Africa has a comparatively good legislative framework, it is held back by an overly restrictive and medically focused definition of disability. As a result many individuals with mental health difficulties, desirous of obtaining and retaining employment may be excluded from protection against discrimination in the workplace. It is argued that it will be necessary either to amend the Employment Equity Act or for the courts to adhere strictly to the concept of substantive equality in order to ensure that the rights and dignity of people with mental health difficulties are adequately protected.
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Bino, Maria-Antonella. "Hospitalisation forcée et droits du malade mental : etude de droit international et de droit comparé /." Genève : Schulthess, 2006. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=014937138&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
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Davies, Lesley. "Vicarious traumatization : the impact of nursing upon nurses : a thesis submitted to the Victoria University of Wellington in partial fulfilment of the requirements for the degree of Master of Nursing (Clinical) /." ResearchArchive@Victoria e-thesis, 2009. http://hdl.handle.net/10063/1227.
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Dorofaeff, Michael John. "Shared status and advocating practices : nurses who work with clients who have a co-existing intellectual disability and mental health problem a thesis submitted to the Victoria University of Wellington in fulfilment of the requirements for the degree of Master of Arts Applied in Nursing /." ResearchArchive@Victoria e-Thesis, 2007. http://hdl.handle.net/10063/141.
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Chow, Lily Lucia. "Criminalization of the mentally ill : a study of psychiatric services within the Lower Mainland Regional Correctional Centre, Health Care Centre." Thesis, University of British Columbia, 1991. http://hdl.handle.net/2429/29687.
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This paper examines the plight of the incarcerated mentally ill. After a consideration of the historical factors which have contributed to the current philosophy and pattern of services throughout North America, and specifically in British Columbia, the paper reports on a qualitative study using participant observation, informal and formal interviews, and Strauss' Constant Comparative Methods which was undertaken to identify the needs of the mentally ill individuals who are serving a term of imprisonment in the Health Care Centre of the Lower Mainland Regional Correctional Centre. Altogether there were eighteen formal participants. They included six mentally ill offenders, six correctional personnel, and six health care professionals. A critical analysis of the major findings -alienation, lack of organizational commitment, and the incongruencies between our social policies and practices - provided the basis for program recommendations. The challenge lies in the building of a vision that values humane treatment for the marginal members of our society.Arts, Faculty of
Social Work, School of
Graduate
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Orner, Phyllis. "Gender-aware policy and planning: a feminist analysis of aspects of the Mental Health Care Bill, 2000 and the Skills Development Act, 1998." Thesis, University of the Western Cape, 2000. http://etd.uwc.ac.za/index.php?module=etd&.
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Sitole, Sizakele Elias. "A comparative analysis of mental illness as a defence in criminal law." Thesis, Nelson Mandela Metropolitan University, 2007. http://hdl.handle.net/10948/843.
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This dissertation deals with the comparative analysis of mental illness as a defence in criminal law. The mental illness / insanity defence is deemed applicable when the accused does not have mens rea or lacks criminal responsibility or is afflicted by the inability to appreciate the wrongfulness of his act and act accordingly, at the time of the commission of the offence due to a pathological disturbance of the mental faculties. A review of the law in South Africa, English Law and United States of America law was done with regard to their approach in connection with the matter. The legal systems of South Africa, English Law and the United States of America were compared and analyzed because English Law and United States of America are developed countries and I decided to compare their approach to insanity defence with reference to South Africa, which is a developing country. Similarities were drawn between South Africa and English Law and this could be attributed to the fact that South African law emanated from English law. This is an important research topic on comparative analysis of mental illness as a defence in criminal law. The law applicable today in South Africa in respect of the defence of mental illness is combined in the provisions of the Criminal Procedure Act 51 of 1977, which replaced the criteria as set out in the M’Naghten rules and the irresistible impulse test. In all the three countries law that were compared the burden of proof has always been on the accused to prove his case on a balance of probabilities but in South Africa the position now is he who alleges must prove because of the legislative amendments. United States of America law allows for the forcible medication with drugs of the mentally ill defendants who are charged with crimes so that they can be fit to stand trial. This is the only country in the ones that were analyzed, which practices such a barbaric and inhuman acts. In the USA , the defendant has the burden of proving the defence of insanity by clear and convincing evidence, and the finding in not guilty by reason of insanity, English law, South African law has the same finding in insanity cases. The most common diagnosis used in support of a defence of insanity continues to be schizophrenia in South Africa and in English law system. In the English law system, the Home Secretary has the power to order defendant to be detained in a hospital on the basis of reports from at least two medical practitioners that the defendant is suffering from mental illness, if the minister is of the opinion that it is in the public interest to do so. In South Africa, the accused will be detained in a psychiatric hospital or a prison pending the decision of a judge in chambers. The detention of those found not guilty by reason of insanity could be challenged under the Human Rights Act in English law because the legal definition of insanity is far wider than the medical concept of mental disorder. The Drs under English Law have to use the legal, not the medical understanding of the mental disorder. The placing of a burden of proof on the defendant may be challengeable under European Convention of Human Rights as contrary to the presumption of innocence that is protected under convention. Finally this is a controversial subject on mental illness but the position in South Africa has been clear for a long time, and I did not come across any deficiencies in our law. I submit that South African law position on mental illness is good.
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Brophy, Lisa Mary. "Using the emancipatory values of social work as a guide to the investigation : what processes and principles represent good practice with people on community treatment orders ? /." Connect to thesis, 2009. http://repository.unimelb.edu.au/10187/5760.
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This research explores good practice with people on CTOs - via a case study of one area mental health service in Victoria. The emancipatory values of Social Work were used to guide the investigation, thereby ensuring the involvement of consumers and their families or carers. Critical Social Work theory provided an important theoretical base for the research, and both critical theory and pragmatism supported the methodology. A mixed methods approach was undertaken. This included a cluster analysis of 164 people on CTOs. Three clusters emerged from the exploratory cluster analysis. These clusters, labelled ‘connected’, ‘young males’ and ‘chaotic’ are discussed in relation to their particular characteristics. The results from the cluster analysis were used to inform the recruitment of four people on CTOs who were the central focus of case studies that represented the different clusters. Semi-structured group interviews were also undertaken to enhance the triangulation of data collection and analysis. This resulted in 29 semi-structured interviews with multiple informants, including consumers, family/carers, case managers, doctors, Mental Health Review Board members and senior managers. The data analysis was guided by a general inductive approach that was supported by the use of NVivo 7.Five principles, and the processes required to enable them, emerged from the qualitative data: 1) use and develop direct practice skills, 2) take a human rights perspective, 3) focus on goals and desired outcomes, 4) aim for quality of service delivery, and, 5) enhance and enable the role of key stakeholders. These principles are discussed and then applied to the case studies in order to consider their potential relevance to practice within a diverse community of CTO recipients. The application of the principles identified two further findings: 1) that the principles are interdependent, and 2) the relevance of the principles varies depending on the characteristics of the consumer. The two most important findings to emerge from this thesis are that: 1) people on CTOs, their family/carers, and service providers are a diverse community of people who have a range of problems, needs and preferences in relation to either being on a CTO or supporting someone on a CTO; and 2) the implementation of CTOs is influenced by social and structural issues that need to be considered in developing any recognition or understanding about what represents good practice. Recommendations relating to each of the principles are made, along with identification of future research questions. A particular focus is whether application of the principles will enable improvements in practice on a range of measures, including reducing the use of CTOs, and the experience of coercion by consumers.
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Murtagh, Lynley. "The impacts of working with people experiencing suicidal ideation : mental health nurses describe their experience : a thesis submitted to the Victoria University of Wellington in partial fulfilment of the requirements for the degree of Master of Arts (Applied) in Nursing /." Researcharchive @Victoria, 2008. http://hdl.handle.net/10063/881.
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Kelly, Shannan D. "Balancing disability laws : an assessment of the Americans with Disabilities Act as it applies to mentally impaired individuals in the workplace." Honors in the Major Thesis, University of Central Florida, 2002. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/284.
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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucf.edu/Systems/DigitalInitiatives/DigitalCollections/InternetDistributionConsentAgreementForm.pdf You may also contact the project coordinator, Kerri Bottorff, at kerri.bottorff@ucf.edu for more information.Bachelors
Health and Public Affairs
Legal Studies
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Aquin, Edward Herman. "Impact evaluation of a 'brief intervention program' for clients who deliberately self harm : a thesis submitted to the Victoria University of Wellington in fulfilment of the requirements for the degree of Master of Nursing (Clinical) /." ResearchArchive@Victoria e-thesis, 2009. http://hdl.handle.net/10063/1238.
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Solomons, Warren Stanley. "The mentally retarded offender in a forensic setting: a South African study." Thesis, Rhodes University, 2004. http://hdl.handle.net/10962/d1002572.
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This study examined, within the South African context, the prevalence of mental retardation in a forensic observation setting, and the impediments of and successes to forensic rehabilitation. The results of the study indicated that a significant amount of forensic observation patients (25.16%) are ultimately diagnosed as being mentally retarded, with 39.24 percent of such offenders being found unfit to plead. Further 32.91 percent of the same sample was found to be not responsible for their actions. A link was also drawn between the mentally retarded offender and violent offenses. The advantages and disadvantages of a current rehabilitative process are discussed in light of alternate community-based forms of rehabilitation that are being implemented in other countries, for example the United States of America, with a view towards investigated their usefulness and adaptability to South African circumstances. The findings of the study have implications for mental health professionals working within forensic settings concerning the future management of mentally retarded offenders, particularly within the rehabilitative process .
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Chan, Kon-hang Tommy, and 陳幹恆. "The role and experiences of approved social worker (ASWs) relating to the impletmentation of sections 31(1) & 71A of the Mental HealthOrdinance (revised 1989)." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1994. http://hub.hku.hk/bib/B31249656.
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Bino, Maria-Antonella. "Hospitalisation forcée et droits du malade mental : étude de droit international et de droit comparé /." Genève [u.a.] : Schulthess, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/517737361.pdf.
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Tannam, Gerard Desmond. "The police and their dealings with mentally-abnormal persons." Thesis, [Hong Kong : University of Hong Kong], 1992. http://sunzi.lib.hku.hk/hkuto/record.jsp?B13302632.
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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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Prince, Anne Patricia. "Practice nurses educational needs in mental health : a descriptive exploratory survey : a thesis submitted to the Victoria University of Wellington in fulfilment of the requirements for the degree of Master of Arts (Applied) in Nursing /." ResearchArchive@Victoria e-thesis, 2009. http://hdl.handle.net/10063/1029.
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Morgan, Minor Latham. "When Patients Threaten to Kill: A Texas View of Tarasoff." Thesis, North Texas State University, 1986. https://digital.library.unt.edu/ark:/67531/metadc331002/.
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A serious problem confronts the psychologist whose patient threatens, within the privacy of a therapy session, to inflict violent harm upon some third person. Therapists in Texas face a risk of unjust legal liability because of a lack of widely accepted, clearly and fully articulated standards. A questionnaire was submitted to Texas psychologists and Texas judges of mental illness courts. It involved a hypothetical case of a patient who threatened to kill his girlfriend. The hypothesis that no consensus exists at present among psychologists or judges appears to be supported by the data. Comparisons are made of the attitudes of psychologists and judges. Correlations between psychologist attitudes and certain demographic and practice variables are reported. The need for new legislation in Texas concerning legal liability of therapists for the violent behavior of patients is discussed. Proposed legislation for Texas is set out. Among its important features are (1) recognition that continued therapy is itself a protective strategy and (2) establishment of good faith as the standard by which the behavior of the therapist is to be judged.
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Galli, Andreas. "Kausalität bei psychischen Störungen im Deliktsrecht /." Basel : Helbing & Lichtenhahn, 2007. http://www.gbv.de/dms/spk/sbb/recht/toc/526895977.pdf.
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Knezevic, Sabina, and Annika Larsson. ""Att hamna mellan stolarna" : En kvalitativ studie om myndigheters hantering av ärende och bemötande med individer med psykisk ohälsa." Thesis, Högskolan i Halmstad, Akademin för hälsa och välfärd, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:hh:diva-41348.
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Enligt WHO ökar den psykiska ohälsan globalt, i bakgrund till detta har vi valt att fördjupa oss i hur individer med psykisk ohälsa upplever att de blir bemötta och handlagda av följande myndigheter Arbetsförmedlingen, Försäkringskassan och Socialförvaltningen. Ansatsen i studien har varit en kvalitativ metodansats med hermeneutisk ingång som genomfördes via fem kvalitativa intervjuer. Syfte med denna studie är i första hand att få insikt på hur myndigheterna uppfyller de lagar och regleringar som finns lagstadgat angående psykisk ohälsa samt belysa myndigheternas hantering och bemötande. Våra teorier har varit system och livsvärld, organisationsteori och roller/rollkonflikter. Resultatet indikerar att myndigheterna följer anvisade lagar och riktlinjer, att målen är att kunna bistå de klienter de dagligen möter på ett professionellt sätt. Vi kan konstateras att förhållandet mellan individen och myndigheterna präglas av vissa oklarheter kring handläggande.According to the WHO, mental health increases globally, in the background to this we have chosen to immerse ourselves in how individuals with mental ill-health feel that they are treated and handled by the following Arbetsförmedlingen, Försäkringskassan and Socialförvaltningen. The approach of this study has been a qualitative metodansats with a hermeneutic entrance, which was carried out five qualitative interviews were conducted. The purpose of this study is to gain insight in how the authorities are complying with the laws and regulations that are legislated on the subject of mental illness, as well as to highlight the authorities ' management and staff. Our work has been in the system, and pain, as well, organizational theory and the role/research. The results indicate that the comply with the designated laws, regulations, and guidelines, and that they are able to provide assistance to the clients, and they meet every day in a professional manner. We can conclude that the relationship between the individual and the public authorities are characterised by a certain lack of precision about the process.
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Kruss, Julie L. ""Country women are resilient but....” : family planning access in rural Victoria." Thesis, 2012. https://vuir.vu.edu.au/21315/.
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Most women use family planning services during their reproductive lifetime, but many lack ready access to such services, particularly in a rural area. The aim of this study was to document and thus develop an understanding of the facilitators and barriers to accessing three types of family planning services (emergency contraception, termination of pregnancy, and options counselling) within a particular rural area of Victoria, Australia, and how these might affect women’s psychosocial health and their ability to make timely decisions about continuation of a pregnancy.
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Kasperczyk, Richard T. "Barriers to systemic work stress prevention in Australian organisations." Thesis, 2015. https://vuir.vu.edu.au/29886/.
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This thesis addresses the question of why work stress prevention has not been
adopted systemically in organisations, despite some research findings that it is
effective, that it has been mandated by legislative regulations and that it has the
potential for significant cost savings. Work stress is recognised as an increasing and
global problem in terms of negative economic, health and social outcomes. Its
significant costs related to work injury compensation have resulted in growing
pressure from governmental health and safety jurisdictions for organisations to
manage and prevent stress through systemic risk management approaches.
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Bach, Michael. "Competent/incompetent : questioning the legal and social boundaries of personhood." 2004. http://link.library.utoronto.ca/eir/EIRdetail.cfm?Resources__ID=94588&T=F.
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Dawson, David. "Experiential and Organisational Factors Predicting the Mental Health of Emergency Paramedics: Beyond the Trauma." Thesis, 2021. https://vuir.vu.edu.au/42952/.
Full textAbstract:
This research aimed to investigate the prevalence and distribution of mental health conditions across the paramedic workforce, to compare levels with the general population and to assess the association of stressors with scores on measures of mental health.
A survey was constructed to assess general psychological health, depression, anxiety, stress, suicidality, posttraumatic stress disorder, sleep health and the frequency and severity of stressor variables. Impact scores for stressor variables were generated by multiplying frequency and severity scores. Participant and workplace sociodemographic variables were measured. The survey was distributed within Ambulance Victoria in September 2010. Only data from 879 participants that transported emergency patients was analysed.
The ANOVA procedure and chi-square tests were employed to compare means and prevalences of psychological health scores within the paramedic sample according to sociodemographic variables. Independent-sample t-tests and chi-square tests for independence were used to examine means and prevalence rates by comparing this paramedic sample with general population statistics and other paramedic populations. Logistic and multiple regression analyses were conducted to investigate associations between stressor impact scores and mental health conditions.
Key findings were the higher levels of suicidal thinking and planning, PTSD, substandard sleep health and poor general psychological health compared to the general population. The level of PTSD was comparable to other paramedic populations while suicidality was higher: there were mixed findings on the other measures. Regression analyses found that stressors related to the organisation, the broader work context and shift work were significantly associated with measures of mental health while, with the exception of anxiety, emergency work was not. There were no meaningful differences in levels of mental health conditions within groups across the paramedic workforce except that PTSD caseness was higher outside the major cities and, higher levels of suicidality were reported in three ambulance service regions.
The higher levels of suicidality in this paramedic sample is a new finding although further research is needed to determine its nature and sources. Many stressors associated with mental health are not emergency work related but are instead associated with the organization and aspects of the broader working environment, suggesting that some stressors may be amenable to being managed. The lack of meaningful differences within this paramedic sample indicates that targeting mental health interventions is not practical, and should instead be directed across the entire workforce.
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TSAI, YA-PING, and 蔡雅萍. "The Study on Individual Regulations and Administrative Remedies of Immediate Coercion─focusing on the Police and Mental Health Laws." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/3wd34q.
Full textAbstract:
碩士國立高雄大學
法律學系碩士班
106
Because immediate coercion have emergency character，and it has a great affect on the fundamental rights of people's lives,body,personal freedom and property. Especially the most basic level of police work is inseparable from the immediate coercion action, for example police bring a person which suicide, crazy, drunk down the road, atrocities brawlers under control, forced patients with mental illness to get medical treatment, when there is an urgent need to use the police equipment on police work, in particular judge when to use guns. However, the content of the relevant laws are often abstract and vague, such as Police Power Exercise Act,Use of Police Weapons Act,Mental Health Act, Administrative Execution Act etc.Therefore, the first line basic level police of law enforcement who often don’t know how to do it. Because the face of a wide variety of specific cases, shall make judgments immediately and decide upon appropriate measures taken to prevent harm occurred and continue to expand.So,the general public often can not understand the difficulties and pressures by the police to make immediate decisions.And,in the absence of specific standards can be followed,such as start time and requirements etc.,the direction of public opinion often affects the result of a case judged by a higher-level executive. This will also seriously affect the dignity, morale and unity force of the basic level police. Moreover, The tendency of court opinion also affects the standard of the basic level police using police equipment,so it is necessary to clarify. Therefore,this article direction is based on individual regulations application of immediate coercion and their administrative remedies，focusing on the police law and the mental health law.The police law mentioned earlier is main on Police Power Exercise Act and the Use of Police Weapons Act. Because this article focuses on the issue of police immediate coercion,so Chapter III discusses the issue of immediate coercion in police law and mental health law,and collect about information and judgments on the principle of proportionality,as the police agency to solve immediate coercion specific issues reference.Based on whole the system, we first clarify the basic concepts of immediate coercion in Chapter II.By discussing the development,meaning, motivation and the exercise timing, methods of immediate coercion etc.,in order to help initially understand the meaning and source of immediate coercion.Furthermore,since the feature of immediate coercion is related to the remedy ways,the article begins with the discussion of feature in Chapter IV,and the second is the legal remedies that can be exercised when the people refuse to accept the immediate coercive measures. Finally,Chapter V is the conclusion and suggestion,hoping to build a more specific and clear law enforcement standard in the future,in order to protection of human rights and avoiding the spread of emergency hazards at the same time.
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Yip, So-han Seraphina. "Social workers’ and physicians’ experiences with review panels in British Columbia." Thesis, 2002. http://hdl.handle.net/2429/12301.
Full textAbstract:
In British Columbia, individuals with a mental disorder can be hospitalised
against their will under the Mental Health Act (1999), when a physician determines that
"protection of the person or others" is an issue. Involuntary psychiatric hospitalisation
involves a major infringement of an individual's civil liberty. When patients or their
representatives disagree with the treatment teams about their involuntary
hospitalisation, they can apply for an appeal hearing named the review panel under the
Mental Health Act (1999).
From a theoretical perspective, the traditional medical model and the social
constructionist model, which offer different views concerning individuals with mental
illness who are hospitalised against their will, are presented. This theoretical contrast
underscores a major dilemma faced by mental health professionals in fostering client
self-determination, while they are providing services on the principle of beneficent
protection. An empowerment model of social work practice is then described to
illustrate how services can be provided to help mental patients regain a sense of control
over their lives. Concerns about the current legislation regarding involuntary
hospitalisation are also discussed.
To supplement the limited number of studies currently available on review
panels, a quantitative descriptive study was conducted at Riverview Hospital, the only
tertiary psychiatric hospital in British Columbia, surveying the experiences of 39 social
workers and physicians with review panels. A questionnaire consisting of 22 Likerttype
items was used. Four categories were identified: (a) patient-related issues, (b)
effects of review panels on treatment teams, (c) role conflicts, and (d) operational
issues. Despite the apparent lack of formal training, social workers and physicians
generally reported having adequate knowledge of review panels. Social workers and
physicians who were involved more frequently with review panels appeared to have
more positive attitudes towards them. Their training pertaining to the Mental Health
Act was also significantly related to their attitudes. Neither patients nor their families
reportedly had adequate knowledge of the review panel process.
Although some positive effects of review panels were acknowledged, staff
generally had mixed attitudes about review panels. Guided by an empowerment model,
these findings have important implications for social work practice. These include the
need for further professional training, improved communication between health
professionals and legal advocates, education for patients and families, and the support
of patients' collective action, so that review panels can be a more empowering
experience for mental patients.
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Mok, Catherine. "Sexual identity and health of young gay men and lesbians." Thesis, 2000. https://vuir.vu.edu.au/17931/.
Full textAbstract:
This study utilised a grounded theory approach to explore relationships
between life-experiences, sexual identity and health of young gay men and
lesbians. The sample was gained using a snowball technique; all informants
were aged between 18 and 25 and identified themselves as gay or lesbian.
Thirteen people were interviewed using a recursive in-depth technique.
Through these in-depth interviews, six major themes emerged from the data
collected: (i) concerns of sexual identity; (ii) coming out; (iii) social and sexual
relationships; (iv) social support; (v) health issues; and (vi) experiences in the
education system.
clear that the process of realising sexual identity had a significant
impact on respondents' lives. Most felt that they had grown up in
environments that were relatively hostile to their emerging sexuality. Issues
pertaining to coming out were among those that had most affected the
respondents. Both hiding and disclosing their sexuality were reported as being
very stressful; no informant, however, felt regret about coming out. The
relationships that informants had with their parents remained very important
to them. Fear about parental reactions to coming out was common. Isolation
to some extent was prevalent with regards to friendships, with most
informants reporting both negative and positive reactions from friends on
coming out. Lack of social support was a problem expressed by many
informants, especially during the time they were coming to terms with their
sexuality. In their interactions with health practitioners, informants had often
been assumed to be heterosexual, which had adversely affected the level of
care provided to them. Generally, the health concerns of the young lesbians
related to gynaecological issues, whereas for the young gay men, sexually
transmitted diseases were of greatest concern. The lack of accurate and
inclusive information about sexuality in curricula and the common failure to
acknowledge the presence of gays and lesbians in schools were felt fo be
important concerns by the informants, and most reported having felt alienated
and isolated to some degree while at school.
The main conclusion of this study was that young gay men and lesbians
face a range of challenges and difficulties as a result of widespread
homophobia and heterosexism in the community. It is clear that there is need
for a broader understanding of the types of support that might be required to
improve the overall health of young gays and lesbians in a predominantly
heterocentric society. Several implications were proposed for future research
and for practice.
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Ogden, Edward. "Satanic cults: ritual crime allegations and the false memory syndrome." 1993. http://repository.unimelb.edu.au/10187/2826.
Full textAbstract:
My interest in criminology was inspired by Dennis Challinger who tolerated a student taking ten years to finish the Diploma in Criminology, and Stan Johnson who encouraged broad-mindedness to which I was unaccustomed. Stan challenged my attitudes, beliefs and conclusions. My interest in cults was inspired by Anne Hamilton-Byrne whose "children'" especially Sarah, taught me a great deal. They introduced me to their personal experience of growing up in strange isolation from the world. I received assistance and constructive criticism from the police Task Force investigating the Hamilton-Byrne “Family” especially Detective Sergeant DeMan. I began this task searching to understand “The Family”, its origins and its meaning. The path towards an understanding of cults took me in unexpected directions. I learned about the Satanic allegations and began accumulating material. Initially, some therapists with an interest in this area saw me as a potential ally, but as I began to question there assumptions I was rejected as a disbeliever, on the basis that “anyone who is not with us, must be against us”.
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Daffern, Michael. "A functional analysis of psychiatric inpatient aggression." 2004. http://arrow.unisa.edu.au:8081/1959.8/24968.
Full textAbstract:
Aggression occurs frequently on many psychiatric wards; its assessment and management are crucial components of inpatient care. Consequences to inpatient aggression are profound, impacting on staff and patients, ward milieu and regime, and mental health services in general. Despite considerable research, which has primarily focussed on the assessment of demographic and clinical characteristics of aggressive patients, the nature of the relationship between mental illness, inpatient treatment and aggression remains unclear. Inconsistent risk assessment practices, management strategies and treatment plans, often derived from idiosyncratic beliefs about the causes of aggression, follow. Approaches to the assessment of inpatient aggression have been categorised as structural, which emphasise form, or functional, which emphasise purpose. Studies of inpatient aggression have primarily utilized a structural approach. These studies have resulted in the identification of demographic, clinical and situational characteristics of high-risk patients and environments. Resource allocation and actuarial assessments of risk have been assisted by this research. Conversely, functional assessment approaches seek to clarify the factors responsible for the development, expression and maintenance of inpatient aggression by examining predisposing characteristics, in addition to the proximal antecedents and consequences of aggressive behaviours. While functional analysis has demonstrated efficacy in assessing and prescribing interventions for other problem behaviours, and has been regarded a legitimate assessment approach for anger management problems, psychiatric inpatient aggression has been relatively neglected by functional analysis. Against this background, four studies focussing on the assessment of predisposing characteristics, precipitants and consequences, and purposes of aggressive behaviour, were undertaken to assist in the development of a functional analysis of psychiatric inpatient aggression. All four studies were conducted within the Thomas Embling Hospital (TEH), a secure forensic psychiatric hospital in Melbourne, Australia. The first of three initial studies involved a retrospective review of Incident Forms relating to aggressive behaviours that occurred within the first year of the hospital?s operation. The second involved a comparison of prospective assessment of aggressive behaviours with retrospective review of Incident Forms. The third involved a review of Incident Forms across two forensic psychiatric hospitals, the Rosanna Forensic Psychiatric Centre, and the TEH, to allow for the study of environmental contributors to aggression. The fourth, and main study, focussed on the assessment of patients and aggressive incidents, using a framework emphasising purpose, which was assessed using a classification system designed and validated as part of this study. Demographic and clinical information in addition to social behaviour, history of aggression and substance use were collected on the 204 patients admitted to the hospital during 2002. One hundred and ten of these patients completed an additional assessment of psychotic symptoms in addition to a battery of psychological tests measuring anger expression and control, assertiveness, and impulsivity. During 2002, the year under review, there were 502 incidents of verbal aggression, physical aggression, and property damage recorded. Staff members who observed these incidents were interviewed, and files were reviewed to record the severity, type, direction and purpose of aggression. Following 71 aggressive behaviours patients also participated in the assessment of purpose. Results from this, and the three initial studies, reinforced the contribution to aggression of a number of individual characteristics, including a recent history of substance use, an entrenched history of aggression, a recent history of antisocial behaviour, and symptoms of psychosis, including thought disturbance, auditory hallucinations and conceptual disorganisation. Somewhat surprisingly, a number of other characteristics shown through previous research to have a relationship with aggression, including anger arousal and control, impulsivity, and assertiveness did not show a relationship with aggression. Further, and perhaps a consequence of the peculiar characteristics of some patients admitted to the TEH, older patients and females were more likely to be repeatedly aggressive, yet neither age nor gender differentiated aggressive from non-aggressive inpatients. In this study acts of inpatient aggression were usually precipitated by discernible events, or motivated by rational purposes. Rarely was aggression the consequence of a spontaneous manifestation of underlying psychopathology occurring in isolation from environmental precipitants. A number of proximal environmental factors, most particularly staff-patient interactions associated with treatment or maintenance of ward regime, that were considered provocative or that threatened status, were evident in incidents of aggression perpetrated against staff. The perception of provocation and the need to enhance status were common precipitants of aggression between patients. There was little evidence to suggest that aggression was used instrumentally to obtain tangible items, to reduce social isolation, or to observe the suffering of others in the absence of provocation. Results of these four studies have implications for the prediction and prevention of inpatient aggression, and for the treatment of aggressive inpatients. These are discussed, as are the limitations of this research and suggestions for further research.thesis (BPsychology(Hons))--University of South Australia, 2004.
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Mashiane, Selema. "Families as partners in the provision of mental health services : guidelines for social work practice." Thesis, 2021. http://hdl.handle.net/10500/27266.
Full textAbstract:
Mental illness remains one of the most devastating condition affecting the social functioning of individuals and families. The affected individuals and their caregivers expressed dissatisfaction in mental health service delivery. The mental health system is medically oriented and does not involve caregivers as partners in the provision of mental health services. Although the developmental approach has been adopted to guide the provision of services recognising human rights and social justice, the medical model remains a challenge in the provision of comprehensive mental health services. This is compounded by the Mental Health Care Act (Act No. 17 of 2002) that is silent on the role of families in the mental health system. Additionally, social workers are unable to provide adequate services due to lack of resources.
A qualitative study using the exploratory, descriptive and contextual designs was undertaken. Purposive sampling was used to select 28 participants from three groups, namely ten MHCUs, nine caregivers and nine social workers. The goals of the study were to understand the experiences of MHCUs, caregivers and social workers in mental health service delivery; and to proffer guidelines for social work practice to enhance partnership between the family and mental health care providers. Data was gathered through semi-structured interviews and analysed according to Tesch’s (in Creswell, 2009:186; 2014) framework. Data verification was guided by Lincoln and Guba’s (in Krefting, 1991:214-222) model to enhance trustworthiness.
The findings suggest that MHCUs and caregivers received inadequate psychosocial support which is attributed to lack of involvement in service delivery. Furthermore, social workers lack adequate training to provide effective mental health care. As a result, guidelines were developed for the establishment and enhancement of partnership between families and mental health service providers to offer comprehensive and sustainable mental health services. Future exploration of the role of the family in mental health services is required.Social Work
D. Phil. (Social Work)
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Jhetam, Naeem Ahmed. "Involuntary hospitalisation : the discrepancy between actual practice and legal requirements in the Lentegeur Hospital (Cape Town) catchment area." Thesis, 1993. http://hdl.handle.net/10413/8162.
Full textAbstract:
The aim of this study was to document the safeguards
inherent in the Mental Health Act (MHA) of 1973, and to
examine the extent " to which these are observed in
practice.
The research was conducted at Lentegeur Hospital in
Mitchells Plain, Cape Town. The population consisted
of 726 certified patients who were admitted
involuntarily (i.e. under sections 9 and 12 of the MHA)
from 01 January 1990 to 31 December 1990.
Data for each of these patients was collected from the
admission register, clinical files, administrative
files, and the certified post book. In addition, the
official hospital statistics were examined.
Measurements obtained included demographic data, the
validity of the document contents, the validity of the
certification process, and an overall measure of the
validity of each of t he certifications taking into
account both document contents and observance of the
time strictures set out in the MHA.
Twenty nine patients (4,0%) were admitted by Urgency
(Section 12), and 697 (96,0%) on Reception Order
(Section 9). The study focused mainly on the Section 9
patients, because of the small sample size for Urgency
admissions. It was found that 609 (87,4%) of the 697
admissions were legally flawed in terms of document
contents criteria and the time limits in the
certification process.
Document content criteria were not fulfilled in: 3,0%
of the Applications for Reception Order; 32,1% of
Medical Certificates; 20,1% of Reception Orders; and
3,6% of Reports to the Attorney-General. In 40,0% of
certifications the Report to the Attorney-General
(G2/28) could not be traced.
Examination of temporal safeguards revealed that the
least satisfactory aspect was the delay in the
completion of the post-admission Report to the
Attorney-General. It was found that 32,3% of these
Reports were not submitted on time.
Reasons for the discrepancy ("gap") between legal
standards and actual practice are discussed.
Recommendations are made which could help minimise or
eradicate this "gap". These include suggestions for
changes in the document format, for the use of a
certification booklet, for stricter control of late and
inadequate documentation, and for inservice training of
all those involved in the certification process.Thesis (M.Med.)-University of Natal, Durban, 1993.
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Byrne, Gabriele. "Targeting Problem Gambling Relapse Risk Factors: Lack of Social Connectedness and Leisure Substitution." Thesis, 2019. https://vuir.vu.edu.au/40035/.
Full textAbstract:
This research added an innovative, critical component to the current problem gambling treatment approaches available in Australia. It targeted a susceptible and significant group of people who experience gambling-related harm but find it difficult to stop gambling and not to start again. Relapse in problem gambling and treatment dropout is common, with a rate of up to 70% being generally accepted. To date, gambling interventions specifically targeting risk factors for relapse have not been the focus of many studies.
The author of this thesis, who has lived experience with problem gambling, designed a structured group program targeting two identified risk factors for gambling relapse: 1) lack of social connectedness, and 2) lack of leisure substitution. Between 2009 and 2016, four versions of this program were trialled. All program participants were supported by a group of volunteers, most of whom had lived experience with problem gambling and were participants in previous program versions.
Four versions of the program were evaluated using a multi-method approach. Quantitative data were collected using validated psychosocial measures. Journaled observation by the author, anecdotal evidence and journaled participants quotes were documented by the author in various project reports and are used in this thesis to support the qualitative findings.
The results of the quantitative data revealed significant improvement for participants in the areas of social connectedness, self-efficacy, and mental health. Importantly, the results also indicated that the program supported the goals of either abstinence from, or control over, gambling behaviour for program completers. It is concluded that this innovative program helped to reconnect people to activities other than gambling and to a supportive community and, in so doing, effectively achieved the research objectives.
An extra qualitative study ‘Volunteer study’ was conducted to explore if the aspect of ‘volunteering’ made a positive contribution to sustain behavioural changes that were achieved by previous program participation. This exploratory study utilised 14 in-depth semi-structured interviews with current volunteers of the trialled relapse-focused programs from studies 1-4. This part of the research indicated that volunteering for any of the peer support relapse focused programs provided significant benefits to an individual’s recovery from problem gambling. The sample was a small convenience sample, so it is not possible to generalise the findings but offers an opportunity to further explore the importance of volunteering in recovery.
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Geoffrey, Leandre Christina. "An exploration on the criminal capacity of child offenders with psychiatric disorders." Diss., 2016. http://hdl.handle.net/10500/25090.
Full textAbstract:
The aim of this explorative study is to establish if psychiatric disorders influence the criminal capacity of child offenders. A qualitative approach was adopted in the study to develop an in-depth understanding of the issues pertaining to criminal capacity assessments for child offenders with psychiatric disorders. The risks associated with various psychiatric disorders in relation to childhood criminality, and the methods that are used to deal with child offenders who suffer from psychiatric disorders, were also explored.
The data collection tool for this study was a semi-structured interview schedule. Telephonic and face-to-face interviews were conducted with child justice and mental health experts from four provinces in South Africa, namely, KwaZulu-Natal, Gauteng, Eastern Cape and Western Cape. These experts included psychiatrists, psychologists, social workers, academic professors of law, a criminologist and an advocate. Snowball sampling was employed and although this is a pure qualitative study, the open coding, axial coding and selective coding process from the grounded theory was applied to analyse and interpret the data.
The findings from this study indicate that psychiatric disorders are a risk factor associated with the causation of criminal behaviour. A high prevalence of psychiatric disorders, such as intellectual disability, learning disorder, attention deficit hyperactivity disorder, oppositional defiant disorder and conduct disorder, were generally found in children in conflict with the law. The influence and consequences of these psychiatric disorders, in conjunction with environmental and societal factors, were found to influence criminal behaviour and were highlighted as factors that ought to be taken into consideration when determining the criminal capacity of a child who is in conflict with the law.
Findings from the study identified that adequate recognition was not granted to the influence of a psychiatric disorder in the assessment of a child‟s criminal capacity. It was established that, in the criminal capacity assessment, the emphasis should not be on the psychiatric disorder per se, but on the effect that the disorder and associated symptoms may have on the child‟s ability to distinguish between the wrongfulness of their actions and to act in accordance with this understanding.
Operational challenges and ambiguities identified in the legislative framework pertaining to child offenders with psychiatric disorders were found to negatively influence criminal capacity assessments for children in conflict with the law. The lack of services available to child offenders with psychiatric disorders, as well as child offenders without psychiatric disorders, was found to hamper the best interest of the children in conflict with the law. Lastly, legislative and service recommendations for good practice to deal with child offenders with psychiatric disorder were identified by the experts.Criminology and Security Science
M.A. (Criminology)
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Swanepoel, Magdaleen. "Law, Psychiatry and psychology : a selection of constitutional, medico-legal and liability issues." Thesis, 2009. http://hdl.handle.net/10500/3106.
Full textAbstract:
The purpose of this thesis is to develop a comprehensive process for identifying and addressing primarily constitutional, medico-legal and liability issues, and in addition ethical, social and scientific issues related to the psychiatric and psychology professions in South Africa. In fulfilling this purpose, a comprehensive search is conducted of relevant historical, ethical, philosophical and clinical aspects pertaining to psychiatry and psychology, as well as an evaluation of the current juridical framework regarding the legal liability of the psychiatrist and psychologist balanced against the constitutional rights of the mentally disordered patient in South Africa. Recommendations are made for the establishment of any new controls needed to mitigate and prevent the exposure of mentally disordered patients, further attempting to provide specific remedies to adapt the current juridical framework in South Africa. The examination is conducted within the framework of the South African and United Kingdom's legal systems. Focus is placed on aspects of medical law, human rights law (as envisaged in the Bill of Rights in the Constitution of the Republic of South Africa, 1996), criminal law and the law of delict and, to a lesser extent, administrative law and the law of evidence.Law
LL.D.
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Okello-Wengi, Sebastian. "Analysing the support systems for refugees in southern Africa: the case of Botswana." Thesis, 2004. http://hdl.handle.net/10500/1256.
Full textAbstract:
The purpose of this study was to analyse the support systems for refugees in Southern Africa with specific reference to the Republic of Botswana. Qualitative framework as described by Lofland and Lofland (1984), Schensus and Schensus (1992) was used to conduct the investigation. Interviews were conducted with thirty refugees who currently living in Botswana as a refugee or asylum seeker. Focus group discussion was also held with twenty-six refugee workers.
Interview findings were derived using Glaser and Straus' (1976) and Van Maanen, (1979) constant comparative method of qualitative analysis and were grouped into four major categories. Among the most significant findings were that the subjects agreed that on paper and by design, there are structures for providing the different services to refugees but refugees are not provided with adequate services. The second finding is that the support systems for refugees in Botswana are more focused on the provision of material support with little attention given to the psychosocial needs of the refugees. The third finding is that the Botswana government withheld some of the Articles of the 1951 UN refugee Convention, which deal with the socio-economic rights of refugees in Botswana. The fourth finding is that refugee workers need specialised training to enable them to address a wide rage of psychosocial issues affecting refugees. Last major finding is that there is no established clear system of service delivery in the participating agencies. The researcher concluded that because of trauma and stress experienced by refugees and refugee workers, there is a need to improve on the psychosocial support provided to refugees and refugee workers in Botswana by improving the knowledge and skills of refugee workers and promoting refugee participation.
The researcher recommends two urgent actions that should be taken. First, the refugee management in Botswana need to improve on its service quality control mechanism, including evaluating its legal and operational framework. Second, psychosocial components need to be integrated into every aspect of the refugee programmes. This will support recovery for the many traumatised refugees and refugee workers in Botswana.Social work
DPHIL (SOCIAL WORK)
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Geoffrey, Leandre Christina. "A transdisciplinary approach to dealing with child offenders with psychiatric disorders." Thesis, 2018. http://hdl.handle.net/10500/25583.
Full textAbstract:
This study aimed to develop a framework for improved legislation, methods of practice and services used to meet the best interest of child offenders with psychiatric disorders within the South African child justice system. This aim was achieved via a qualitative study, which evaluated child justice and mental health legislation, methods of practice, role-players, and services in South Africa, and compared same to those in Namibia, Botswana, and Nigeria; to establish if the best interest of child offenders with psychiatric disorders are currently met from a South African perspective.
Data collection occurred in two phases: a document analysis of legislation, policies, and procedures in the selected comparative jurisdictions; followed by semi-structured interviews with child justice and mental health experts. During phase one the researcher analysed child justice and mental health legislation, human rights protections, and policy related to child justice in Nigeria, Botswana, Namibia, and South Africa. In addition, she interrogated literature relating to child justice and mental health, in comparative jurisdictions. This phase formed the foundation for the semi-structured interview schedule. Purposive and theoretical sampling was used to conduct 24 semi-structured interviews. Data was analysed and interpreted using pure qualitative document and thematic analysis.
The overarching findings indicate that the best interest of child offenders with psychiatric disorders, in the South African child justice system, are unprotected. This vulnerable group is not dealt with from an individualised, case-specific, multi-disciplinary perspective; informed by legislation, practice-policy, and a service-orientated approach. Further, certain domestic legislation and methods of practice are inadequate in holistically assessing a child who comes into conflict with the law in the jurisdictions of comparison.
Further findings identified that biological, psychological, environmental, cultural, and social factors influence the development of psychiatric disorders in children, which may bring them into conflict with the law. This study further confirmed that Attention Deficit Hyperactivity Disorder, Intellectual Development Disorder, Learning Disorder, Oppositional Defiant Disorder, and Conduct Disorder are prevalent in children who
iv
come into conflict with the law. Further, substance abuse disorder, depression and attachment disorder were identified as predominant factors affecting children who come into conflict with the law. The influence of these factors, in conjunction with biological, psychological, environmental, cultural, and social factors, were found to predispose children to psychiatric disorders linked to criminal behaviour.
Thus, to meet the best interest standard; children in conflict with the law must be dealt with using a multi-factorial approach which considers biological, environmental, social, cultural, and psychological factors. In this way, the behaviour of child offenders with psychiatric disorders will be addressed holistically in a manner that considers all factors influencing behaviour. The empirical data supported the recommendations used to develop a trans-disciplinary framework for child offenders with psychiatric disorders.Olu phononongo lwesi sifundo lujolise ekuphuhliseni isakhelo somthetho ophuculiweyo, iindlela zokusebenza kunye neenkonzo ukwenzela ukunikezela ezona zilungileyo iimfuno zabantwana abangabaphuli-mthetho benengulo yesifo sengqondo kwinkqubo yobulungisa yabantwana eMzantsi Afrika. Le njongo yaphunyezwa ngokwenziwa kwezifundo ezisemgangathweni ezahlola umthetho wobulungisa kubantwana kunye nomthetho olawula ezempilo ngokwengqondo, iindlela zokusebenza, abathathi-nxaxheba kunye neenkonzo eMzantsi Afrika. Ezi zathi ngoko zathelekiswa nomthetho, umsebenzi abathathi-nxaxheba kunye neenkonzo eNamibia, eBotswana, kunye naseNigeria ukufumanisa ukuba iimfanelo ezizizo zabantwana abangabaphuli-mthetho abaneengxaki zengqondo bayanakekelwa ngoku eMzantsi Afrika. Ukuqokelelwa kweenkcukacha kwenzeka kumanqanaba amabini: uhlalutyo lwemiqulu yomthetho, umgaqo-nkqubo kunye nenkqubo; Ukucazululwa kwamaxwebhu/kwemiqulu omthetho, umgaqo-nkqubo kunye neenkqubo ezikhethiweyo zothelekiso kulawulo lwezobulungisa, lilandelwe ludliwano-ndlebe olungahlelwanga ngokupheleleyo neengcaphephe/neengcali zezobulungisa lwabantwana kunye nemilo yezengqondo. Kwinqanaba lokuqala umphandi ucazulule umthetho wobulungisa kubantwana kunye nempilo yezengqondo, ukhuseleko lwamalungelo oluntu.kunye nemigaqo-nkqubo ehambelana/ enxulumene nobulungisa kubantwana eNigeria, eBotswana, eNamibia naseMzantsi Afrika. Ukongezelela walugocagoca uncwadi olubhekisele kubulungisa babantwana nezempilo yezengqondo kulawulo lwezobulungisa Eli nqanaba libe sisiseko soludwe lwenkqubo yodliwano-ndlebe olungamiselwanga ngokupheleleyo. Isampulu enenjongo neyingcingane yasetyenziswa ukuze kuqhutywe udliwano-ndlebe olungama-24 olungahlelwanga ngokupheleleyo. Ulwazi (idata) lwacalulwa lwacaciswa kusetyenziswa uxwebhu olusemgangathweni kunye nocalulo (analysis) olusemxholweni. Iziphumo ezicacileyo/eziqaqambileyo eziluphahla zibonisa ukuba okukokona kulungele abantwana abangabaphuli-mthetho abaneengxaki zezengqondo, abakhuselekanga kwinkqubo yezobulungisa babantwana eMzantsi Afrika. Eli qela lingakhuselekanga alivelelwa ngokomntu neengxaki zakhe yedwa, ngokwengxaki yakhe ngokuthe ngqo kusetyenziswe indlela ezahlukileyo ezilawulwa ngumthetho, ngumgaqo-nkqubo osebenzayo nokuvelela ngendlela yokuziqhelanisa nemeko. Ukuya phambili, eminye yemithetho yasekhaya neendlela zokusebenza azonelanga ekuhloleni ngokupheleleyo kumntwana ohlangabezana nokuphikisana nomthetho kummandla wothelekiso. Kuphinde kwafunyaniswa ukuba iimeko zozalo, zengqondo, zendawo, zenkcubeko nezentlalo ziyaziphembelela iingxaki zezengqondo ezivelayo ebantwaneni, ezinokwenza baphikisane nomthetho. Olu phononongo luqhubeka lungqina ukuba ukunganiki ngqalelo kwingxaki yokuphaphazela, ingxaki yokukhula kwengqiqo, ingxaki yokufunda, ingxaki yenkcaso yokulungileyo/ ukudelela kunye nengxaki yokuziphatha zixhaphakile kubantwana (abonayo) abaphikisana nomthetho. Ingxaki yokusebenzisa iziyobisi, ingcinezelo kunye nokuxhomekeka ziye zaphawulwa njengeemeko ezixhaphakileyo ezikhathaza abantwana abalwa nomthetho (abonayo). Iimpembelelo zezi meko, zidibene neemeko zozalo, zezengqondo, zendawo, zenkcubeko nezentlalo, zifunyenwe zilungiselela kwangaphambili abantwana kwezi ngxaki zezengqondo zithungelene ekuziphatheni ngokolwaphulo-mthetho. Ngoko ke ukuhlangabezana nomgangatho ofanelekileyo nobalulekileyo, ebhekelela abantwana abaphikisana nomthetho (abonayo) makusetyenzwe ngabo kusetyenziswe indlela ejongene neemeko ezininzi ezibandakanya iimeko zozalo, zendawo, zentlalo, zenkcubeko kunye nezengqondo. Ngale ndlela abantwana abaphula umthetho abanengxaki yezengqondo baya kuncedwa ngokupheleleyo ngendlela ebandakanya zonke iimeko eziphembelela ukuziphatha. Idatha ekholose ngamava avela kumava nokuboniweyo ixhasa izindululo ezenziweyo zokumisa isakhelo esisebenza kulo lonke uqeqesho lomntwana ophikisana nomthetho (owonayo) onengxaki yezengqondo.
Patlisiso ena e reretswe ho hlahisa moralo wa molao o ntlafetseng, mekgwa ya tshebetso le ditshebeletso bakeng sa molemo wa batlodi ba molao bao e leng bana ba nang le mathata a kelello tshebeletsong ya toka ya bana Afrika Borwa. Morero ona o fihletswe ka boithuto ba boleng, bo lekantseng melao ya toka ya bana le ya bophelo bo botle ba kelello, mekgwa ya tshebetso, baamehi le ditshebeletso Afrika Borwa. Tsona di ile tsa bapiswa le melao, tshebetso, baamehi le ditshebeletso dinaheng tsa Namibia, Botswana le Nigeria ho fumana hore na melemo e loketseng ya batlodi ba molao bao e leng bana ba nang le mathata a kelello e ya fumaneha hajwale Afrika Borwa. Pokeletso ya dintlha e etsahetse ka mekgahlelo e mmedi: manollo ya ditokomane tsa molao, melawana le mekgwatshebetso dibakeng tse kgethilweng tsa papiso tsa semolao; ho latetswe ke di-inthavu tse sa hlophiswang le ditsebi tsa toka ya bana le tsa molao wa bophelo bo botle ba kelello. Mokgahlelong wa pele mofuputsi o ile a manolla molao wa toka ya bana le wa bophelo bo botle ba kelello, ditshireletso tsa ditokelo tsa botho le melawana e amanang le toka ya bana dinaheng tsa Nigeria, Botswana, Namibia le South Africa. Ho feta moo, o ile a batlisisa dingolwa tse mabapi le toka ya bana le bophelo bo botle ba kelello dibakeng tse ka bapiswang tsa semolao. Mokgahlelo ona o bile motheo wa lenane la di-inthavu tse sa hlophiswang. Ho sebedisitswe mokgwa wa disampole wa kgetho le wa theho ya thiori ho etsa di-inthavu tse 24 tse sa hlophiswang. Dintlha di manollotswe le ho tolokwa ka manollo e sa tswakwang ya boleng ba ditokomane le ditema. Diphetho tse akaretsang di supa hore melemo e nepahetseng ya batlodi ba molao bao e leng bana ba nang le mathata a kelello ha e ya sireletswa moralong wa toka ya bana wa Afrika Borwa. Sehlopha sena se kotsing ha se sebetswe ka tjhebo ya bo-motho ka mong, ya kgetsi e kgethehileng, ya mafapha a mangata e tshehedistsweng ke molao, molawana wa tshebetso le tjhebo ya tshebetso. Ho feta moo, melao e meng ya lehae le mekgwa ya tshebetso e ne e fokola bakeng sa ho lekola ngwana ka tsela e felletseng, ya iphumanang a le kgahlano le molao dibakeng tsa semolao tse neng di bapiswa. ix Ho boetse ha fumanwa hore dintlha tsa tlhaho, kelello, tikoloho, setso le botjhaba di susumetso tlhaho ya bokudi ba kelello baneng, e leng ho etsang hore ba iphumane ba le kgahlano le molao. Boithuto bona hape bo tiisitse hore bokudi ba tlholeho ya tsepamiso le ketso e fetang tekano, bokudi ba kgolo ya bohlale, bokudi ba ho ithuta, bokudi ba ho ba kgahlano le ba bang le bokudi ba boitshwaro bo bongata bakeng ba iphumanang ba le kgahlano le molao. Bokudi ba tshebediso e mpe ya tahi kapa dithethefatsi, tshithabelo ya maikutlo le bokudi ba kgokahano di fumanwe e le mabaka a mantlha a amang bana ba qwaketsanang le molao. Tshusumetso ya dintlha tsena, hammoho le dintlha tsa tlhaho, kelello, tikoloho, setso le botjhaba, di fumanwe e le hore di pepesa bana ho bokudi ba mafu a kelello a amanngwang le botlokotsebe. Kahoo, e le ho ka fihlella maemo a melemo e nepahetseng, bana ba kgahlano le molao ba lokela ho sebetswa ka mokgwa wa ditsela tse fapaneng tse ngata, o kenyeletsang dintlha tsa tlhaho, tikoloho, setso, botjhaba le kelello. Ka mokgwa ona, batlodi ba molao bao e leng bana ba nang le bokudi ba kelello ba tla shejwa le ho sebetswa ka mokgwa o phethahetseng o kenyelletsang dintlha tsohle tse susumetsang boitshwaro. Dintlha tse bokelleditsweng di tsheheditse ditlhahiso tse sebedisitsweng ho hlahisa moralo wa makala a fapaneng bakeng sa batlodi ba molao bao e leng bana ba nang le bokudi ba kelello.
Criminology and Security Science
D. Phil. (Criminal Justice)
50
Makhubu, Lindiwe Yvonne. "Dealing with sexually abused children: a framework for social workers in the South African justice system." Diss., 2009. http://hdl.handle.net/10500/1468.
Full textAbstract:
The South African Justice System is a broader system that brings law and order to society. This law and order also includes the constitutional rights of the sexually abused children. A special court dealing with cases of children who are sexually abused is functioning throughout the country.
The purpose of this study is to develop a framework for social workers working with children in these special courts. The problem identified is that in these courts no framework exists for social workers focusing on the guidance of the child through the processes of the Justice System. This includes the therapeutic guidance by means of brief or directive therapy.
The research methodology for this study focused on developmental research by using the Intervention research model of Rothman and Thomas (1994). The phases implemented in the study were Problem analysis and project planning, information gathering and synthesis and design.
Qualitative data was gathered by means of semi-structured interviews and integrated in phase two of the research report. A proto-type guideline was developed and needs to be evaluated in future research.Social Work
M.Diac. (Play Therapy)