102 results on '"Statutory"'
Search Results
2. Proprietary Land Structure in Nigeria.
- Author
-
Makata, Innocent Franklin and Udobi, Nnamdi Alex
- Subjects
INVESTORS ,LAND use ,PROBLEM solving ,LEGAL education ,VOLCKER Rule (U.S.) - Abstract
In Nigeria, how land is owned and used is complicated. There are different types of rules, both official and traditional, that decide who can use land. This study looks at how people owning land in Nigeria affects how it's used. By studying laws, history, and current problems, the study wants to find out what issues landowners and investors face. It gives ideas to fix these problems, like changing laws, using computers to keep records of land, making it easier to register land, making sure people can keep their land for a long time, helping people solve problems over land, teaching people about land, and building up communities. Doing these things can help Nigeria get more money invested, make the economy better, have fewer fights over land, give people more chances to borrow money, help the country grow in a way that doesn't hurt the environment, make things fairer for everyone, and make sure everyone knows what's happening with land. [ABSTRACT FROM AUTHOR]
- Published
- 2024
3. Policy with Purpose: The Contribution of a Legal Perspective to Define and Secure a Small-Scale Fisheries Regime in Canada
- Author
-
Stanley, Nathan, Bavinck, Maarten, Series Editor, Jentoft, Svein, Series Editor, Nakamura, Julia, editor, and Chuenpagdee, Ratana, editor
- Published
- 2024
- Full Text
- View/download PDF
4. The evaluation of the implementation of the new model of clinical supervision for midwives in Scotland : a qualitative study
- Author
-
Allum, Karen Patricia, McFadden, Alison, Cameron, Joan, and Gray, Nicola
- Subjects
Midwives ,Clinical ,Supervision ,Statutory ,Support ,New ,Performance ,Case ,Protection ,Public ,Practice ,Acceptability ,Adoption ,Feasibility ,Fidelity - Abstract
Background: A public inquiry into failings in maternity services and care in England (Kirkup, 2015) identified that the dual roles of midwifery statutory supervision, namely support and regulation, should be separated. As a result, support was to be delivered by introducing new clinical supervision models provided by employers of midwives, and regulation was the sole responsibility of the Nursing and Midwifery Council. The new model of clinical supervision in Scotland was launched in 2018 after statutory supervision of midwives ended in 2016, and this study evaluated its implementation and midwives' participation in the new model. To begin the study, a systematic review of the literature was completed, which identified that no empirical research existed about the new model of clinical supervision, how it was implemented or midwives' experiences of participating in it. Aims: To understand and analyse midwives' participation in the new model of clinical supervision in Scotland and how this new model was implemented. Methods: A qualitative case study design was used to evaluate Scotland's new model of clinical supervision. Purposive sampling and snowballing strategies were utilised to select midwife participants who had participated in clinical supervision. In-depth semi-structured interviews were conducted at 1) a meso-level with ten Heads of Midwifery in ten NHS Health Boards and 2) at a micro-level with eighteen midwives in two case sites. Additionally, four non-participant observations in the two case sites were completed. A theoretical framework was used to design and present the study using four of Proctor et al.'s (2011) implementation outcomes, acceptability, adoption, feasibility, and fidelity. In addition, framework analysis (Gale et al., 2013) was used to analyse the generated data. Findings: The findings identified three main factors 1) time, 2) trust, and 3) perceptions of clinical supervision as a tick-box exercise were the main barriers to implementing clinical supervision and midwives' experiences of participating in it. First, the time available to prepare for and participate in clinical supervision was limited. As the new model was delivered predominantly in groups, participants were affected by a lack of trust in groups which affected their participation. Finally, clinical supervision was perceived as an item to 'tick off' to evidence attendance. Conclusions: This study revealed that the acceptability of the new clinical supervision model was affected by how it was delivered and the content of the new model, especially reflection and resilience-building. The adoption of the new model was impacted by how often midwives participated in clinical supervision, which was affected by advertising and promotion, and the simultaneous implementation of a major new midwifery policy, Best Start (Scottish Government, 2017). Significantly, the previous model of statutory supervision influenced midwives' engagement with and the uptake of the new clinical supervision model. Clinical supervision was considered a feasible intervention, although its feasibility was affected by midwives' feelings and emotions related to participation and the lack of resources available to deliver the intervention. Finally, midwives showed varied understanding of the new clinical supervision model, which altered the ability to adhere to and deliver clinical supervision as intended.
- Published
- 2022
5. Activating Unconstitutional Norms in Law: An Analysis of the Principle of Checks and Balances
- Author
-
Uci Sanusi and Miftah Faried Hadinatha
- Subjects
checks and balances ,unconstitutional ,statutory ,Law - Abstract
The existence of norms in the law that have been declared unconstitutional by the Constitutional Court, but re-included in the process of forming laws, can cause harm to the rights of citizens that have been guaranteed by the 1945 Constitution, especially if they are placed in the concept of checks and balances. This study has two objectives, namely, first, to analyze the concept of checks and balances and examples of norms that were canceled by the Constitutional Court but revived. Second, the implications of bringing unconstitutional norms to life. This research was conducted using normative juridical research. The results showed that the principle of checks and balances requires that legislative, executive, and judicial powers control each other. Some unconstitutional norms, but re-enacted, are spread through some statutes. The consequences if an unconstitutional article is reinserted into the law, it will threaten the system of checks and balances that have been agreed upon and affirmed in the 1945 NRI Constitution. In order to apply the principle of checks and balances, reviving an unconstitutional clause that has been overturned by the Constitutional Court must be rejected.
- Published
- 2023
- Full Text
- View/download PDF
6. Regulation of healthcare and medical imaging in Australia: A narrative review of the evolution, function and impact on professional behaviours.
- Author
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McInerney, J., Schneider, M., Lombardo, P., and Cowling, C.
- Abstract
This review explores the literature about the status and influence of statutory regulation in healthcare with a focus on medical imaging. It summarises the status of regulation in Australia for radiographers and sonographers, with brief reference to the global situation. The role of regulation is explored in terms of its evolution, function and effect on professional behaviours. Reports of medical errors, sentinel events and professional misconduct in healthcare have raised concern about how health care professionals are regulated. Patient-centric healthcare delivery has changed how people interact with healthcare, contributing to the development of statutory regulation for many healthcare professions. In Australia, the Health Practitioner Regulation National Law (The National Law) 2009, established the National Registration and Accreditation Scheme (NRAS) in order to practice. Not all health care professions are included in the scheme. In medical imaging, radiographers are included but sonographers are a notable exception. Regulation is designed to positively influence practitioners' professional behaviours. The available evidence however is limited, but suggests that under certain circumstances, it can negatively impact practitioners' professional behaviours. Statutory regulation has been implemented to address serious issues highlighted in reports of medical errors and professional misconduct, but it may have unintended consequences on the professional behaviours of practitioners. Limited research means the relationship between statutory regulation of healthcare practitioners and its impact upon professional behaviours remains unclear. If statutory regulation of healthcare professionals is to achieve its aim of protecting the public, it is imperative that we understand the impact that it has on professional behaviours. This review highlights that it can negatively impact professional behaviours which may be detrimental to patient's safety. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
7. Damages Arising from Contraventions of Competition Act 89 of 1998
- Author
-
Malcolm Ratz
- Subjects
Competition law ,Damages ,Private Competition Damages ,Delictual ,Statutory ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
Persons who have suffered loss or damage as a result of a prohibited practice in terms of the Competition Act 89 of 1998 (the Act) have the right to recover such damage in the civil courts. This right is expressly provided for in section 65 of the Act. To date South Africa has failed to usher in an efficient and effective environment for section 65 civil damages actions, despite growing success being achieved by the competition authorities in uncovering and prosecuting firms for contraventions of the Act, including prohibited practices. Understanding how section 65 rights might be vindicated and whether South Africa's damages regime is adequate to deal with potentially complex damages actions within the realm of competition law contraventions, a starting point would be to gain certainty as to the classification of the nature of section 65 damages. This article seeks to evaluate the arguments of whether these damages actions should be properly classified as statutory or delictual actions by the South African civil courts.
- Published
- 2019
- Full Text
- View/download PDF
8. What can the use of Feedback Informed Treatment teach us about involving children, young people and caregivers in statutory casework?
- Author
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Mackrill, Thomas and Steensbæk, Signe
- Subjects
PROFESSIONAL practice ,FIELD research ,CAREGIVER attitudes ,MEETINGS ,PATIENT participation ,CAREGIVERS ,LOCAL government ,SOCIAL workers ,GROUNDED theory ,ATTITUDE (Psychology) ,EVIDENCE-based medicine ,INTERVIEWING ,CHILD health services ,HEALTH ,FIELD notes (Science) ,RESEARCH funding ,COMMITMENT (Psychology) ,SOCIAL case work ,THERAPEUTIC alliance ,PRINT materials ,CHILDREN - Abstract
Copyright of European Journal of Social Work is the property of Taylor & Francis Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2021
- Full Text
- View/download PDF
9. Movement for Independent Vidarbha State
- Author
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BalKamble
- Published
- 2018
10. Online video supervision for statutory youth caseworkers – a pilot study
- Author
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Birkholm Antczak, Helle, Mackrill, Thomas, Steensbæk, Signe, and Ebsen, Frank
- Published
- 2017
- Full Text
- View/download PDF
11. Mitigation for dormice and their ancient woodland habitat alongside a motorway corridor
- Author
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Cresswell, Warren and Wray, Stephanie
- Subjects
motorway ,environmental ,pragmatic ,wildlife ,statutory ,conservation ,habitat ,woodland ,soil - Abstract
The M2 motorway-widening scheme in Kent, England was set within a constrained, environmentally sensitive corridor. Ecologists were involved from the earliest stages of the project and throughout the planning, development, and implementation phases they worked alongside the design engineers to develop pragmatic solutions to the potential impacts of the scheme. One of the most significant impacts was on the areas of ancient woodland that abut the existing motorway. Since the widening was on-line or adjacent to the existing motorway, the widening proposals sought to minimize the ancient woodland land-take, but some loss was inevitable. The scheme was discussed at length with the statutory consultees. One option considered was a contribution to offsite habitat creation (mitigation banking). Instead, a scheme for the creation of new woodland adjacent to the scheme was developed. However, rather than simply planting trees onto a bare site, an ambitious proposal to translocate the existing ancient woodland soil to the new site was implemented. From the outset, the ancient woodland topsoil was identified as a valuable resource, having developed in shaded conditions for hundreds of years and containing a considerable diversity of woodland seeds, bulbs, micro-organisms, and invertebrates. The majority of the woodlands affected by the scheme were commercial sweet chestnut coppice of little intrinsic nature conservation value, but all of the woodlands supported the protected hazel dormouse. Over a year before the contract to widen the M2 was let, the ecological advance works began on site. The trees within all of the strips of woodland where the motorway widening would take place were coppiced during winter, using hand-held tools and without permitting vehicles onto the ancient woodland soil. This work was timed to coincide with the period when dormice would be hibernating on the ground. On waking from hibernation in spring, the dormice moved into the canopy of the remaining woodland, where their habitat had been enhanced by the provision of artificial nest sites and woodland-management techniques, including selective coppicing and replanting. The following autumn, the ancient woodland soil (with its seed-bank intact) was carefully excavated and re-spread on a specially prepared ‘receptor site.’ One hundred mature coppiced hazel trees were transplanted from the area of the widening to the new site to provide food for dormice. Also, 60,000 new trees of an appropriate diverse species mix and of local provenance were planted. Piles of decaying timber were also assembled to provide a habitat for fungi and dead wood invertebrates. The new woodland that has been created connects three existing woods, enhancing their nature conservation value and providing a linking function as a substantial ‘wildlife corridor.’ There is also a public footpath and bridleway, suitably fenced throughout the length of the site so that the new woodland can be enjoyed by local people. The translocated ancient woodland soil will give the new woodland a valuable start in its development by providing many of the important components of a woodland ecosystem. The site is being monitored closely for at least the next 10 years, and each successfully transferred element of the habitat is being carefully logged and its progress to full establishment recorded. Five years on, the woodland is developing well. There is a distinct woodland ground flora, with carpets of bluebells in the spring, and woodland invertebrates are still present. The tiny fragment of retained woodland in the center of the site still holds a population of dormice. The translocated and new Hazel are beginning to fruit heavily so that a further eight hectares of habitat will soon be available to the population.
- Published
- 2005
12. The development of teacher assessment and the impact of national assessment developments on teacher's assessment practice at Key Stage One : 1989 to 1995 a case study approach
- Author
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Emery, Hilary Frances
- Subjects
370 ,Testing ,Standard ,Statutory - Abstract
The thesis considers the development of teachers' assessment practice at key stage one from 1989 to 1995 as the National Curriculum assessment of the core subjects was piloted and implemented. It takes a longitudinal case study approach in two Hampshire Infant schools with additional evidence from other schools and LEA assessment advisers and places it within historical, research and personal contexts. It identifies how teachers' assessment and recording practice changed, how far these changes were temporary or sustained and what impact these changes had upon supporting children's learning. It proposes that in order for change to be implemented and sustained teachers' perceptions as well as their practice need to change. It compares teachers' perceptions of the relative importance of statutory tests/tasks with teacher assessment over the six years. The research shows that teachers of Y2 children were making increasing use of a range of methods for teacher assessment including observation and became increasingly confident in the dependability of their judgements through whole school planning and moderation activities. It found changes in science and design school planning and moderation activities. It found changes in science and design and technology assessment practice were not sustained when external requirements changed. It considers how schools assimilated and implemented changes in their practice and found that for change originating from one context (policy makers) and implemented in a separate context (teachers in schools) there was a time lag. National Curriculum assessment was subject to significant modifications over the six years. The thesis explores the nature of these changes, finding many were crisis led and often stimulated knee-jerk responses which had unplanned knock on effects. The research found that the absence of two way professional communication between originators and implementors limited the rate of change and the development of a common perception of teacher assessment and its significance compared to statutory tests and tasks. The evidence collected throughout the six years supports the importance of teachers' perception in the process of change and its effective implementation. It proposes that for effective implementation teachers should engage in a professional dialogue with policy makers to bring about evolutionary change in which consideration is given to the purpose and evaluation/research basis of the change required as well as the practice implications.
- Published
- 1997
13. The Law of Unintended Consequences? The Supreme Court Effectively Created Lawful Dual Citizenship for Certain Liberians as a Result of its Decision in "Jalloh v. King-Akerele".
- Author
-
Jones, Mohamedu F.
- Abstract
Section 22.21 of Liberia's Aliens and Nationality Law (hereafter, "ANL"), which provided for the automatic loss of Liberian citizenship, when among other acts, a Liberian citizen took the citizenship of another country, was unequivocal and blunt: The loss of citizenship under Section 22.12 of this title shall result solely from the performance by a citizen of acts or fulfillment of the conditions specified in such section, and without the institution by the Government of any proceedings to nultify or cancel such citizenship [Emphasis supplied] This statute was enacted when Liberia's first Constitution, adopted in 1847 was in force. Section 22.2 remained the law with the coming into force of the current Constitution adopted in 1986. This writer was not able to locate any evidence regarding the enforcement of Section 22.2 of the ANL other than the case discussed here. Notwithstanding that Jalloh v. King-Akere12 (hereafter, "Jalloh") is an original in Liberia's juridical history, a case of first impression and a landmark decision, the Court did not break any new legal grounds in deciding it. This paper considers the central principles of law that animated the Jalloh decision, including Liberian Supreme Court jurisprudence regarding standing to bring a lawsuit claiming that a law is unconstitutional. It demonstrates how the Abrogation Clause of the Constitution (Article 95 (a) that constitutionally abrogated the 1847 Constitution but retained any existing "enactment or rule of law" that is "not inconsistent with any provision" of the 1986 Constitution affected the decision of the Court.4 The paper examines the Court's application of due process case law, including those decided under the 1847 Constitution, and the Due Process Clause of the 1986 Constitution (Article 20(a). The paper also looks at the authority of the Supreme Court to decide the constitutionality of laws and its standards for interpreting the Constitution. Taken together, these legal principles, rules, and authorities formed the decisional building blocks the Court used to reach its ruling. The paper concludes that the effective outcome of the Jalloh decision, whether it intended to or not, is that the Liberian Supreme Court has created a status of lawful dual citizenship for Liberians who acquired citizenship in another country or on "account of the performance by a citizen of acts or fulfillment of the [other] conditions specified in Section 22.1." By declaring the automatic loss provision, Section 22.2, unconstitutional, which was the sole mechanism of enforcement of Section 22.1, Jalloh means that the affected persons continue to be dual citizens of Liberia and another country until and unless the Government institutes judicial proceedings against them and prevails in those proceedings. Following the discussion of the legal holdings and principles of law that undergird the ruling in the case, the examination of how the Court reached its decision, the analysis of the decision and the legal consequence of the decision, the paper discusses and offers answers to the following topical questions: (a) What is the substantive legal result of the Jalloh decision? (b) H/hat does Jalloh mean for Liberians who have acquired citizenship in other countries'? (c) Considering the result of Jalloh, is a constitutional or statutory amendment still necessary to grant dual citizenship to Liberians'? [ABSTRACT FROM AUTHOR]
- Published
- 2020
14. What works in video-based youth statutory caseworker supervision – caseworker and supervisor perspectives.
- Author
-
Antczak, Helle Birkholm, Mackrill, Thomas, Steensbæk, Signe, and Ebsen, Frank
- Subjects
- *
SOCIAL workers , *SUPERVISION of social workers , *SOCIAL services , *SUPERVISORS , *COMMUNICATION - Abstract
This article concerns an approach to supervision for statutory youth casework. The model involves caseworkers recording a video of their meetings with their clients and sending it to an external supervisor. The supervisor selects video clips. They then hold an online meeting where they review the clips, and the supervisor gives feedback based on a standardized model. The caseworker then uses the feedback in their future practice and the cycle is repeated. 16 statutory youth caseworkers and 6 supervisors from three municipalities in Denmark participated in semi-structured interviews regarding their experiences with the video supervision and feedback model. The interviews focused on facilitating and inhibiting factors with regard to the use of the model. A thematic analysis was conducted. Communication regarding the law, giving clients space to find their voice, and paying heed to how each relationship was progressing were emphasized as central focus points. Advice had to be concrete and achievable and come from supervisors with statutory experience. Participants highlighted the significance of viewing practice directly via video footage. Film clips used for feedback needed to be short and well chosen. The technology, logistics and infrastructure, including management support, were important. Findings were used to develop the model. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
15. Dissonance in customary and statutory water management institutions: issues of cultural diversity in the management of water resources in the Okavango Delta, Botswana.
- Author
-
Gondo, Reniko, Kolawole, Oluwatoyin D., and Mbaiwa, Joseph E.
- Subjects
WATER supply management ,WATER management ,LEGAL pluralism - Abstract
Customary institutions have existed in parallel with statutory institutions for many years in Africa. These traditional water management systems were employed to manage the use of water resources and resolve conflicts associated with them. Although national governments introduced conventional water management approaches, which operate more effectively in urban areas, customary institutions' activities in water governance continue to exist in rural Africa. Long before the advent of colonialism, most rural communities which have now transformed into modern African societies had various rules, norms, taboos and values governing the use of water. Although not legally recognised in the wake of colonialism, the concept of legal pluralism has continued to gain ground in colonial Africa. Rooted in the mass–elite theory and the cultural lag concept, the paper adopts a critical literature review approach to explain the dissonance in customary and statutory water management institutions in the Okavango Delta, Botswana. Analysis of existing water management documents revealed that the post-independence statutory water institutions continue to weaken the customary approach to water use and management. Findings indicate that statutory institutions emphasise on the economic conception of water despite the fact that the resource has also a social value. This absolute conceptualisation of water as an economic commodity creates the dissonance in water management, especially in rural areas and most especially in the Okavango Delta where water is still perceived to have cultural values. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
16. Institutions and water governance in the Okavango Delta, Botswana.
- Author
-
Gondo, Reniko, Kolawole, Oluwatoyin Dare, and E. Mbaiwa, Joseph
- Subjects
WATER supply ,WATER management ,WATER use ,WATER shortages - Abstract
The goals of Integrated Water Resources Management (IWRM) can be achieved by embracing the principles of distributive governance, which places both customary and statutory water institutions on the same pedestal in the governance of water resources. As culture and traditions constitute intangible aspects of water resources management in rural Africa, the recognition of water governance systems grounded in local norms, which correspond better with the aspirations of local water users as against the expert-knowledge systems is desirable. Following the introduction of the statutory institutions in postcolonial Africa, customary institutions, which were once effective in regulating water resources became relegated to the background in those countries, including Botswana. Adopting a critical literature review approach, this article employs the concept of legal pluralism to analyze the institutional factors that create the disharmony between cultural and statutory water governance and management institutions. Findings indicate that water has been abstracted from its social nature and transformed into a tradable economic good. Ultimately, the local meanings and images encoded in water as a nature-given resource are overlooked, thus generating conflicts in water governance. The paper recommends the adoptions of legal pluralism under which water institutions need to embrace both customary and statutory institutions. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
17. Does the Statutory Overtime Premium Discourage Long Workweeks?
- Author
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Trejo, Stephen J.
- Subjects
Statutory ,Overtime ,Premium ,Long Workweeks - Abstract
Using a pooled data set consisting of 20 annual observations on each of eleven major industry groups, I estimate the effects of overtime pay regulation on weekly work schedules. After controlling for workweek trends within industries, the sharp expansions in overtime pay coverage resulting from legislative amendments and Supreme Court decisions produced no discernible impact on overtime hours. This finding is consistent with a model of labor market equilibrium in which straight-time hourly wages adjust to neutralize the statutory overtime premium.
- Published
- 1997
18. Imperial Spectacle in the Roman Provinces
- Author
-
Chamberland, Guy, Scanlon, Thomas F., book editor, and Futrell, Alison, book editor
- Published
- 2021
- Full Text
- View/download PDF
19. Welfare and Job Satisfaction: Study of Public Hospitals in Pune
- Author
-
Bhosale, Mandakini R. and Naranje, Sunil
- Published
- 2015
20. Damages Arising from Contraventions of Competition Act 89 of 1998.
- Author
-
Ratz, M.
- Subjects
DAMAGES (Law) ,CIVIL procedure ,ANTITRUST law ,INSTITUTIONAL environment ,SUCCESS ,RIGHTS - Abstract
Persons who have suffered loss or damage as a result of a prohibited practice in terms of the Competition Act 89 of 1998 (the Act) have the right to recover such damage in the civil courts. This right is expressly provided for in section 65 of the Act. To date South Africa has failed to usher in an efficient and effective environment for section 65 civil damages actions, despite growing success being achieved by the competition authorities in uncovering and prosecuting firms for contraventions of the Act, including prohibited practices. Understanding how section 65 rights might be vindicated and whether South Africa's damages regime is adequate to deal with potentially complex damages actions within the realm of competition law contraventions, a starting point would be to gain certainty as to the classification of the nature of section 65 damages. This article seeks to evaluate the arguments of whether these damages actions should be properly classified as statutory or delictual actions by the South African civil courts. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
21. The good, the bad, and the statutory: are statutory or non-statutory natural resource management plans higher in quality?
- Author
-
Potts, Ruth
- Published
- 2017
- Full Text
- View/download PDF
22. EMPIRICAL STUDY ON LABOUR WELFARE PRACTICES IN ORGANISED RETAIL TEXTILE SHOPS IN TIRUCHIRAPPALLI CORPORATION LIMIT.
- Author
-
PETER, A. JOHN and SHAMINI, D. ALLEN ROSE
- Subjects
RETAIL industry ,TEXTILE industry ,INDUSTRIAL welfare ,WORKPLACE management - Abstract
Labour welfare refers to the efforts taken by the employer to improve the conditions of employment in the workplace. It includes services, facilities and amenities which enables the employees to perform in a healthy and congenial environment. In the current era of globalisation of business, there is a dynamic change in the work environment, which has a major impact on job, health, safety and well-being of the employees. In India, there is a tremendous change in the labour market system, which has led to labour market flexibility. Due to this predicament, the employers exploit the workers unscrupulously where the workers are under the threat of losing their job security and their access to welfare measures is restricted. Retail Industry is one of the under researched area in terms of employment and welfare practices. Therefore, this study investigates the labour welfare practices in textile shops in Tiruchirappalli Corporation limit. The objective of the study was to study the statutory and non-statutory welfare practices in textile shops in Tiruchirappalli corporation limit. The researcher adopted probability random sampling technique and has collected data through structured questionnaire from 26 respondents from 9 big independent and chain stores textile shops which has more than 50 employees and in existence for more than five years in Tiruchirappalli corporation limit. The outcome of the study entails that the workers employed in textile shops work under exploitative conditions having no chance of adequate facilities like crèche, canteen, transport etc. reasonable working hours, allowances and workers education. [ABSTRACT FROM AUTHOR]
- Published
- 2017
23. The Resilience of Child Protection Social Workers: Are They at Risk and If So, How Do They Adjust? A Systematic Meta-Synthesis.
- Author
-
Truter, Elmien, Fouché, Ansie, and Theron, Linda
- Subjects
CHILD welfare ,CONCEPTUAL structures ,HEALTH ,MATHEMATICAL models ,PSYCHOLOGICAL resilience ,RISK assessment ,PSYCHOLOGY of social workers ,SYSTEMATIC reviews ,QUALITATIVE research ,THEORY ,BIBLIOGRAPHIC databases ,OCCUPATIONAL roles ,THEMATIC analysis ,MEDICAL coding ,META-synthesis - Abstract
Globally, social workers protect, among others, children who are in need of care and protection. Child protection social workers protect children by means of statutory intervention. Concomitant professional risks threaten child protection social workers' well-being and competence, resulting in sub-standard services, attrition and calls for child protection social worker resilience. Promoting child protection social worker resilience requires a deep understanding of child protection social worker risk and resilience. Given the scarcity of studies focused on child protection social worker risk and resilience around the globe, we aimed to ascertain how well child protection social worker risk and resilience are understood. We thus undertook a systematic meta-synthesis of fourteen qualitative studies on child protection social worker risk and resilience. This meta-synthesis demonstrates a comprehensive understanding of child protection social worker risk in minority-world countries, but not in majority-world countries. It also demonstrates an inadequate understanding of child protection social worker resilience worldwide. [ABSTRACT FROM AUTHOR]
- Published
- 2017
- Full Text
- View/download PDF
24. Sovereign Debt Restructuring After Argentina.
- Author
-
Porzecanski, Arturo
- Subjects
- *
PUBLIC debts , *DEBT relief , *BONDS (Finance) - Abstract
Sovereign debt restructurings may experience marginal changes as a result of recent modifications in contractual terms being incorporated into new bond issues, but for the most part they will likely resemble what has generally worked so well in recent decades to the satisfaction of most governments and private creditors. The statutory reforms that have been proposed to date are highly unlikely to gain traction for a variety of reasons, including the prospect that they would have been stymied when confronted with a rogue sovereign debtor such as Argentina. [ABSTRACT FROM AUTHOR]
- Published
- 2016
- Full Text
- View/download PDF
25. Land Governance, Gender Equality and Development: Past Achievements and Remaining Challenges.
- Author
-
Ravnborg, Helle Munk, Spichiger, Rachel, Broegaard, Rikke Brandt, and Pedersen, Rasmus Hundsbæk
- Subjects
GENDER inequality ,LAND tenure laws ,LAND reform ,SEX discrimination against women ,LAND use laws - Abstract
Most land governance reforms seek to enhance tenure security, encourage investments and thereby promote economic growth. Increasingly, land reforms attempt to secure women's and other vulnerable groups' access to land. This article reviews the extent to which gender equality in land tenure has been pursued in these reforms and examines the role played by donor cooperation. Despite significant progress in developing land legislation that upholds gender equality, implementation often does not follow suit, and women still face discrimination. Based on country case studies, the article identifies six challenges, which should be addressed to achieve gender equality in land tenure. © 2016 UNU-WIDER. Journal of International Development published by John Wiley & Sons, Ltd. [ABSTRACT FROM AUTHOR]
- Published
- 2016
- Full Text
- View/download PDF
26. Damages Arising from Contraventions of Competition Act 89 of 1998
- Author
-
Malcolm Ratz
- Subjects
Sociology and Political Science ,Competition law ,media_common.quotation_subject ,Delictual ,damages ,private competition damages ,delictual ,statutory ,Certainty ,Private Competition Damages ,Competition (economics) ,Statutory law ,Section (archaeology) ,Law ,lcsh:K1-7720 ,Realm ,Damages ,lcsh:Law in general. Comparative and uniform law. Jurisprudence ,Business ,Private competition damages ,Statutory ,media_common - Abstract
Persons who have suffered loss or damage as a result of a prohibited practice in terms of the Competition Act 89 of 1998 (the Act) have the right to recover such damage in the civil courts. This right is expressly provided for in section 65 of the Act. To date South Africa has failed to usher in an efficient and effective environment for section 65 civil damages actions, despite growing success being achieved by the competition authorities in uncovering and prosecuting firms for contraventions of the Act, including prohibited practices. Understanding how section 65 rights might be vindicated and whether South Africa's damages regime is adequate to deal with potentially complex damages actions within the realm of competition law contraventions, a starting point would be to gain certainty as to the classification of the nature of section 65 damages. This article seeks to evaluate the arguments of whether these damages actions should be properly classified as statutory or delictual actions by the South African civil courts.
- Published
- 2021
27. Reproductive Health and the 2004 Presidential Election.
- Author
-
McFarlane, Deborah R.
- Subjects
- *
REPRODUCTIVE health , *MEDICAL care , *CONTRACEPTION , *BIRTH control ,UNITED States presidential elections - Abstract
Reproductive health issues have become some the most partisan issues in health care. Even the term, reproductive health, is controversial. Consequently, the 2004 Presidential elections are extremely important for the development and the implementation of reproductive health policies, both domestically and internationally. Among the reproductive health issues that will be affected by the outcome of this election are how the federal government presents information about the efficacy of condoms, whether emergency contraception is available to American women, how well funded contraceptive programs are relative to support for abstinence education, if international recipients of U.S. population assistance are allowed to discuss abortion with their patients or lobby for legalization, what abortion methods are legal in the U.S., and perhaps whether abortion is legal at all. In this paper, I first discuss the controversy surrounding the term, reproductive health. Second, I provide a framework for classifying policies in this area. Next, I examine each of the above issues in terms of current policies, Clinton Administration policies, and likely developments in a Kerry Administration. While the emphasis is upon U.S. domestic policy, I also mention related issues from American foreign policy. [ABSTRACT FROM AUTHOR]
- Published
- 2004
28. Initiatives and Amendments: Euro-Parliamentarians’ Preferences on the Commission’s Discretion.
- Author
-
Jun, Hae-Won
- Subjects
- *
LEGISLATIVE bodies , *POLICY sciences , *BUREAUCRACY , *DELEGATED legislation , *LEGISLATORS - Abstract
Legislatures are deemed to delegate implementation of policies to bureaucracies. Delegation is a combination of specifying jobs for the bureaucracies to conduct and setting a level of their discretion required to accomplish those jobs. A legislature’s preference over the discretion given to an implementing bureaucracy is an important issue in the chain of delegation in democracy. Why do some legislators have preference over more constrained bureaucracy than others? In this paper I seek to address this question in the context of the relationship between the European Parliament and the European Commission. I code all the EP amendments under the first reading of the cooperation procedure and the codecision procedure between January 1995 and December 2001 in comparison with the Commission’s proposals. Then I analyse the EP roll call votes on the issues of statutory control over the Commission. Based on rational choice theory I construct a utility function of MEPs on the consequence of the votes. The votes produce costs and benefits not only in the degree of prevention of agency loss but also in the policy outcomes of the legislation. Depending on their policy preferences and degree of conflicts with the Commission, the MEPs are assumed to place different weights on the costs and benefits and vote differently in order to maximize their utilities. Hypotheses generated from the model are tested in dataset containing all roll call votes on the amendments adopted in the first reading of the codecision procedure during the first one-year in office of the 1999-2004 European Parliament, between 20 July 1999 between 16 June 2000. The results of analysis show four points. Firstly, the Commission and the EP do not always share policy interests. This is supported by the fact that many amendments analysed here concern changing policy outcomes from what the Commission initially proposed. Having no right to initiate a legislative proposal the EP tries to reflect its policy preferences by using its right to amend the legislative texts to a maximum degree. It not only manages to control the degree of the Commission’s discretion but also actively promotes its policy preferences. Secondly, combination of the analysis of the legislative texts with the roll call vote analysis provides further evidence for the previous studies of the EP roll call votes. These studies argue that the issue dimensions of the EU are left-right ideology, regulation and the EU integration because the coalitions of the MEPs in the roll call votes are formed between those MEPs sharing policy interests on these issues. Many EP amendments that I code here are really about these policy dimensions and the MEPs vote along with these policy dimensions. Thirdly, the MEPs vote issue-sensitively. Pursuing their policy interests, the MEPs form diverse legislative coalitions issue-by-issue. The policy seeking behaviour of the MEPs are profound. Fourthly, as the policy differences between the Commission and the MEPs increase, the Commission is more tightly constrained in procedural terms. Endowment of legislative initiative to the un-elected bureaucratic body is balanced by the legislators’ active exercise of power of amendment. [ABSTRACT FROM AUTHOR]
- Published
- 2003
29. The Referendum: Democracy in Action?
- Author
-
Zimmerman, Joseph F.
- Subjects
- *
REFERENDUM , *CONSTITUTIONAL law , *POLITICAL science , *DEMOCRACY , *REFORMS , *GOVERNMENT policy - Abstract
The paper identifies briefly sixteen types of referenda and examines in detail the criticisms of the general initiative and the protest referendum. The conclusions are drawn that the general initiative has allowed voters to achieve major reforms and policy changes although the device has not always lived up to the highest democratic ideals. [ABSTRACT FROM AUTHOR]
- Published
- 2002
30. The Uses and Misuses of the DSM in Forensic Settings.
- Author
-
Frances, Allen and Halon, Robert
- Abstract
The purpose of this paper is to present in broad summary our views—gained through experiences interacting in the legal system—concerning some of the more significant issues that trouble the legal/psychiatric interface. Even when a psychiatric diagnosis is the reliable and accurate result of appropriate evaluation methods and proper documentation, it may not be helpful in answering the questions posed to mental health professionals by the legal system. The Diagnostic and Statistical Manual provides explicit cautions that its clinical descriptions of mental disorder do not always map well with legal concepts of mental illness or abnormality. This is an inherent tension that accurate psychiatric diagnosis can reduce, but not eliminate. The relationship between psychiatry and the law continues to evolve and we hope will improve with greater understanding of the possible misunderstandings. [ABSTRACT FROM AUTHOR]
- Published
- 2013
- Full Text
- View/download PDF
31. Wetland management in New Zealand: Are current approaches and policies sustaining wetland ecosystems in agricultural landscapes?
- Author
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Myers, S.C., Clarkson, B.R., Reeves, P.N., and Clarkson, B.D.
- Subjects
- *
WETLAND management , *WETLAND ecology , *SUSTAINABILITY , *AGRICULTURAL landscape management , *BIODIVERSITY , *AGRICULTURAL development , *WETLAND restoration - Abstract
Abstract: As a signatory to the Convention on Biological Diversity and to the Ramsar Convention on Wetlands, New Zealand has international responsibilities to protect and restore wetland ecosystems. The New Zealand Biodiversity Strategy also reflects New Zealand's commitment to help stem the loss of biodiversity worldwide, including wetlands. Wetland loss in New Zealand has been more significant than in most parts of the world, and ecosystems in fertile lowlands have been most severely impacted by agricultural development. Wetlands provide important ecosystem services filtering nutrients and controlling floodwaters but they are under continued pressure from agricultural land use, including drainage, grazing, nutrient runoff, and the impacts of pest animals and plants. Legislation in New Zealand identifies the protection of wetlands as a matter of national importance, and the protection of wetlands on private land has been identified as a national priority for action. While most of the larger nationally and internationally significant wetlands in New Zealand are in public ownership, the vast majority of smaller wetlands, which contribute to the full diversity of lowland ecosystems in New Zealand, are on private land in agricultural landscapes. Regional and district councils have responsibilities to implement legislation and develop policies and regulations to protect wetlands and prevent their damage and degradation. Most use a mix of regulatory mechanisms and voluntary incentives to encourage protection and restoration of wetlands. The strength of regulation for wetland protection varies across the country, with stronger more restrictive rules in more populated regions and where loss in extent has been more significant. While all regional plans have some form of rule restricting damaging activities in wetlands, less than half have strong regulations where drainage is non-compliant, and monitoring is sparse. The majority of plans (60%) restrict damaging activities only in wetlands that are in a schedule or meet criteria for ecological significance; rules in most plans do not protect smaller, often degraded wetlands. Although wetland loss and degradation still occurs in many regions, national and regional rates of loss are not reported. A response requires strong national policies on preventing further loss, the implementation of regulations in regional and district plans, and monitoring of the effectiveness of policies, rules, and non-statutory mechanisms. A combination of bottom lines for statutory regulation, voluntary incentives including support for fencing, and effective practical management is required. [Copyright &y& Elsevier]
- Published
- 2013
- Full Text
- View/download PDF
32. THE DISTINCTIVE FEATURES OF SEXUAL-RELATED OFFENCES: STATUTORY RAPE v. MARITAL RAPE.
- Author
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Jabrayilova, Sevinj
- Subjects
SEXUAL assault lawsuits ,STATUTORY rape ,RAPE in marriage ,VIOLENCE against women ,PREVENTION of family violence - Abstract
Copyright of Ankara Law Review is the property of Ankara University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2012
- Full Text
- View/download PDF
33. Land and Legality in the Darfur Conflict.
- Author
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Unruh, JonD.
- Subjects
LAND use ,PEACE ,ISLAMIC law ,MANNERS & customs ,DARFUR Conflict, Sudan, 2003-2020 ,SUDAN (Region) - Abstract
Land rights in Darfur act as a principal protagonist to the cause and maintenance of the ongoing armed conflict. The internal functioning and interaction of statutory, customary, and Islamic legal regimes regarding land have facilitated significant aspects of the war, and their reform will be fundamental to any effective peace process. This article describes the role of these legalities in the conflict. Subsequent to a description of the legal environment, the article examines the legal crisis regarding land rights, focusing on six aspects: the repercussions of a single law, the exclusionary customary system, Islamic law, profound confusion over concepts and terms, institutional disarray, and the peace accords. [ABSTRACT FROM AUTHOR]
- Published
- 2012
- Full Text
- View/download PDF
34. Research on Development of Private Sports Organizations in the Light of Government Functions Transformation in China.
- Author
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XIONG Zheng-Qiang and LAI Qi-hua
- Published
- 2011
35. HORIA TRUŢĂ - PARCUL DE SCULPTURĂ - CĂSOAIA MOTTO: "VINO,TOTDEAUNA TOAMNA" (G.BACOVIA).
- Author
-
Cândea, Florica
- Subjects
SCULPTURE ,CULTURE ,GEOMETRICAL constructions ,CARVERS (Decorative artists) ,CATALOGS ,SCULPTORS - Abstract
The appearance of the book: Casoaia - The Sculpture Park professor Horia Truţă, this Mecena custodian collector of the Galleries "The tower of water" comes to complete a gap in the literature of specialization: the giving of the sculptures from Casoaia in the imaginary and imagined circuit, through writing, to the whole public. The book interests the reader by the accumulation of m. p. of living culture of a rare accuracy. The author presents 70 sculptors who worked in editions of sculpture camp from Casoaia. The book is a Catalogue Album which is a living proof of the talent,not only of a collector but also of the writer of the author, who appeals on the emotional memory for crossing a difficult but still a beautiful way, through statues, sculptors, making their story well known. A great Story: The Story of the book which we are going to present inviting us to dream. [ABSTRACT FROM AUTHOR]
- Published
- 2009
36. STATUTORY AUDIT.
- Author
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Morariu, Ana, Domnişoru, Sorinel, and Cercel, Tanţi
- Subjects
AUDITING ,LEGISLATION ,ECONOMIC convergence ,COLOCATION (Business) - Abstract
The paper brings forth additional information necessary for a better application and perception of the concept of statutory audit for all those who are interested in this matter. It emerges from the need of European harmonization and international convergence, limiting the content and the addressability of the statutory audit within a system of opponent collocations. As well, its approach outlines several elements characteristic to the reorganization of the specific national law-making, in order to meet real-time requirements and to improve the quality of this assurance provider. [ABSTRACT FROM AUTHOR]
- Published
- 2009
37. Working Collaboratively: Prescriptions for Healthy Learning - an Example of Success.
- Author
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South, Petrina
- Abstract
The Prescriptions for Healthy Learning Project demonstrates how an effective and successful partnership can be developed with other agencies and refers specifically to the relationship built up with Leicester City East and West Primary Care Trusts. This paper highlights the key principles involved in initiating and strengthening an effective partnership, by targeting the right professionals and teams, providing evidence and feedback to key parties, involving key parties in discussing the future development of the project, understanding and demonstrating that the service is supporting the partnership organisation in meeting their targets. The experience and knowledge gained through the project's development provides a key learning tool for future projects and services that want to develop successful partnerships. [ABSTRACT FROM AUTHOR]
- Published
- 2006
- Full Text
- View/download PDF
38. Social policy and social work in the voluntary sector: the case of Ukraine.
- Author
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Bridge, Gillian
- Subjects
- *
SOCIAL work education , *SOCIAL policy , *PUBLIC welfare policy , *VOLUNTEER service - Abstract
Over a decade has passed since the dissolution of the Soviet Union. This major political change has had profound effects on how social welfare is delivered in countries in transition from communism. Using material derived from the author's involvement in social work education projects in Ukraine, this article examines the changing relationship between statutory social welfare provider agencies and the burgeoning voluntary sector. A confusing and rapidly changing picture has emerged. Some prominent themes likely to shape future directions are identified, particularly the imperative to ensure that social work education continues to be sensitive to local political and cultural contexts, rather than relying on importing Western solutions. [ABSTRACT FROM AUTHOR]
- Published
- 2004
- Full Text
- View/download PDF
39. Outdoor education: Research topic or universal value? Part one.
- Author
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Nicol, Robbie
- Abstract
This paper sets out to discover if the history of outdoor education, within the UK and more particularly Scotland, provides its modern exponents with a legacy of prescribed conservatism or alternatively a form of education which embraces, or is capable of embracing, diversity of theory and practice. It begins in the post World War II period entitled “out of the ashes” and charts the history decade by decade. Secondary sources are used and include statutory instruments as well as the body of literature that relates to outdoor education. The paper has succeeded in adding to the literature through uncovering rarely used sources. Secondary sources have been supplemented by primary data in the form of interviews. The interviews were used to provide detail and fill gaps where secondary sources were lacking. The time between the post-war period until the end of the 1960s charts the growth of outdoor education provision. This growth is characterised by diversity where common themes such as “fitness for war”, “character building” “social education” “recuperative holiday for socially disadvantaged young people” and “progressive education” emerge as competing and contrasting claims. Consequently it can be stated that outdoor education defies definition in terms of being a fixed entity of common consent, homogeneous over time and space. [ABSTRACT FROM PUBLISHER]
- Published
- 2002
- Full Text
- View/download PDF
40. Analysis of the administrative procedure of prior consultation in indigenous communities of Colombia (U'WA y EMBERA KATIO)
- Author
-
Ramírez Carvajal, Marleny and Garcia Lozano, Luisa Fernanda
- Subjects
Indigenas ,Emberá ,Embera ,procedure ,Consultation ,Comunidades ,Previa ,U’wa ,Administrative ,Katio ,Precedimiento ,U´wa ,Consulta ,Prior ,Estatutaria ,Indigenous ,Administrativo ,GRUPOS ETNICOS - PARTICIPACION POLITICA - COLOMBIA ,Ley ,Peoples ,Statutory ,CONSULTA (DERECHO) ,INDIGENAS DE COLOMBIA ,Law - Abstract
La necesidad de analizar el Procedimiento Administrativo de Consulta Previa en Colombia surge como respuesta a las tensiones a las que se enfrentan las comunidades indígenas de Colombia en su interacción con instituciones Estatales y actores empresariales. El instrumento de Consulta Previa tiene como propósito garantizar la participación y decisión de estas comunidades en situaciones que puedan afectar su vida económica, política, espiritual y social, en su condición de población diferenciada. En este sentido, el aparato jurídico nacional debe regular el mecanismo de Consulta Previa a través de una Ley Estatutaria que vele por la protección de los derechos fundamentales de los grupos étnicos y que reconozca la responsabilidad del Estado ante el incumplimiento de este dispositivo de participación democrática. Para ilustrar el análisis, se estudian dos comunidades indígenas, U’wa y Emberá Katío. Figura 1. Directiva 01 de 2010 34 Figura 2. Pasos específicos etapa de preconsulta 34 Figura 3. Esquema general de la Directiva 10 de 2013 35 Figura 4 Procedimiento para las convocatoria 37 Lista de tablas Tabla 1. Fuentes normativas 29-32 Lista de anexos Anexo A. Caracterización de la consulta previa a través de las sentencias de La Corte Constitucional 96-137 Introducción 9-16 1.Caracteristicas de la consulta previa a través de las fuentes normativas jurisprudenciales y doctrinarias 24 1.1. Normatividad 24 1.1.1. Qué ocurre a nive internacional por la falta de directrices jurídicas de consulta previa? 26 1.1.1.2.1. Certificación presencia de comunidades 35 1.1.1.2.2. Coordinación y preparación 35 1.1.1.2.3. Preconsulta 36 1.1.1.2.4. Consulta previa 36 1.1.1.2.5. Seguimiento de acuerdos 37 1.1.2 A nivel nacional 38 1.1.3. Jurisprudencia 42 1.1.4. Doctrina 43 1.2. Consulta previa 45 1.2.1. ¿En qué consiste? 45 1.2.2. Objetivos 45 1.2.3. Elementos fundamentales de la consulta previa 47 1.2.4. Caracteristicas de la consulta previa 48 1.2.4.1. Previa 48 1.2.4.2. Libre 49 1.2.4.3. Informada 49 1.2.5. Requisitos para hacer consulta previa 50 1.2.5.1. Debe realizarse a través de instituciones representativas de los pueblos o comunidades indígenas 50 1.2.5.2. Debe adelantarse de buena fe 51 1.2.5.3. Debe tratarse de un dialogo entre iguales que no admiten posturas adversariales o de confrontación 52 1.2.5.4. Deben llevarse a cabomediante procedimientos apropiados 52 1.2.5.5. Debe ser flexible y atender un enfoque diferencial conforme a las particularidades del grupo indígena y sus costumbres 52 1.2.5.6. Debe atender una regla de adecuación cultural , o sea, culturalmente Adecuada 52 1.2.5.7. Debe estar orientada a llegar a un acuerdo o lograr el consentimiento libre e informado de las comunidades indígenas 53 1.2.5.8. El derecho fundamental de la consulta previa comprende la etapa de acuerdos y de cumplimiento 53 2. Problemas en procedimiento de realización de consulta previa 54 2.1. Analisis de caso: Proceso de consulta previa al pueblo indígena U´wa para el Proyecto Exploratorio Sirirí y Catleya 60 2.1.1. Antecedentes 62 2.1.2. Fundamentos de la propuesta de consulta previa con el pueblo U´wa 62 2.1.2.1.La consulta previa como derecho fundamental 63 3. Caracteristicas que debe tener el procedimiento administrativo que regule la consulta previa en Colombia 69 3.1. Concepto de proceso y procedimiento 69 3.2. Caracteristicas del proceso 71 3.3. Organos jurisdiccionales 72 3.4. Fines del proceso 72 4. Caracteristicas que debe tener el procedimiento administrativo de consulta previa para las comunidades indígenas en cuanto a una ley estatutaria 73 4.1. Características 74 4.1.1. Primera Caracteristica. La necesidad de una ley estatutaria general 74 4.1.2. Segunda característica 76 4.1.3. Tercera característica: Principios de la consulta previa 77 4.1.4. Cuarta característica: Etapas de la consulta previa 77 4.1.5. Quinta característica: Medios de impugnaci+on o recursos 78 4.1.6. Sexta característica: Sujetos que intervendrían 78 4.2. Proyecto de ley estatutaria presentada por Cambio Radical al Senado de la Republica en el mes de septiembre de 2018 79 Conclusiones 82 Referencias 85 The need to analyze the Administrative Procedure of Prior Consultation in Colombia arises as a response to the tensions faced by the indigenous communities of Colombia in their interaction with State institutions and members of the industrial sector. The purpose of the Prior Consultation instrument is to guarantee the participation and decision of these communities in situations that may affect their economic, political, spiritual and social life, as a distinct population. In this sense, the national legal apparatus must regulate the mechanism of Prior Consultation through a statutory law that ensures the protection of the fundamental rights of ethnic groups and that recognizes the responsibility of the State in the event of non-compliance with this democratic participation mechanism. . To illustrate the analysis, two indigenous communities, U'wa and Emberá Katío, are studied.
- Published
- 2019
- Full Text
- View/download PDF
41. Damages Arising from Contraventions of Competition Act 89 of 1998
- Author
-
Ratz, Malcom and Ratz, Malcom
- Abstract
Persons who have suffered loss or damage as a result of a prohibited practice in terms of the Competition Act89 of 1998 (the Act) have the right to recover such damage in the civil courts. This right is expressly provided for in section 65 of the Act. To date South Africa has failed to usher in an efficient and effective environment for section 65 civil damages actions, despite growing success being achieved by the competition authorities in uncovering and prosecuting firms for contraventions of the Act, including prohibitedpractices. Understanding how section 65 rights might be vindicated and whether South Africa's damages regime is adequate to deal with potentially complex damages actions within the realm of competition law contraventions, a starting point would be to gain certainty as to the classification of the nature of section 65 damages. This article seeks to evaluate the arguments of whether these damages actions should be properly classified as statutoryor delictualactions by the South African civil courts.
- Published
- 2019
42. The insufficient formulation and vagueness of the definition ‘Traditional Health Practitioner’ as included in the Traditional Health Practitioners Act (Act No 22, 2007) of South Africa
- Author
-
André Duvenhage and Gabriel Louw
- Subjects
medicine.medical_specialty ,lcsh:R5-920 ,Traditional medicine ,business.industry ,traditional doctor ,Alternative medicine ,Vagueness ,General Medicine ,health establishment ,Nursing ,Statutory law ,medicine man ,statutory ,medicine ,medical doctor ,Afterlife ,business ,lcsh:Medicine (General) ,Medical doctor ,traditional health practitioner - Abstract
Background The main focus of the Traditional Health Practitioners Act No 22 (2007) is the regulation of traditional healing in South Africa. The role player who has to deliver this traditional health service to the public is the statutorily recognized traditional health practitioner. However, thus far the precise health practice offered, training and the practitioner’s role as a healer in the society, have not been clearly defined. The various definitions and descriptions in the literature of the identity of the traditional healer are contradictory, making the formulation of a single definition and meaning impossible. Aims The study aimed to determine a definition for traditional health practitioner. Methods This is an exploratory and descriptive study in line with the modern historical approach of the investigation and review of the available research. The emphasis is on using documentation like articles, books and newspapers as primary resources to reflect on everyday thinking and opinions around the identity of the traditional healer. The findings are represented in narrative format. Results The Traditional Health Practitioners Act’s regulations, as embedded in its 52 Sections, create a legal framework of definitions. One specific definition outlines what is meant by the traditional health practitioner. This definition includes four sub-types of healers, namely the diviner, herbalist, traditional birth attendant and traditional surgeon. Various other names for and types of traditional healers seem to exists outside the Act’s statutory definitions. It also seems as if the practice scopes, training and methods of diagnosis and treatments of these different healers are not uniform. Conclusion It seems that the legal definition of a traditional health practitioner, as offered by the Traditional Health Practitioners Act No 22, is vague and insufficiently formulated. This shortcoming frustrates the intention of the Act to make the traditional health practitioner the exclusive role player who has to deliver a traditional health service to the public
- Published
- 2016
43. Multimedia-based decision support system for hazards recognition and abatement
- Author
-
Zoldak, John [Alexandria, VA]
- Published
- 1998
44. PROFESSIONALISATION OF SOUTH AFRICAN ARCHAEOLOGY: AN IMPORTANT LEAP TO THE FUTURE
- Author
-
Ndukuyakhe Ndlovu
- Subjects
History ,Parliament ,Aside ,media_common.quotation_subject ,Interpretation (philosophy) ,Passion ,General Medicine ,Training (civil) ,African archaeology ,Professionalisation ,Archaeology ,Regulations ,Statutory ,Non-statutory ,Association ,Statutory law ,Ethnology ,Period (music) ,media_common - Abstract
Archaeology as a discipline has developed following generally similar trends around the world. In its infancy days, archaeology was largely dominated by collectors who were not providing much interpretation of the materials they were gathering. As amateurs, their analyses of the last was severely limited. In the case of South Africa, it was only in 1923 that a first South African was trained as an archaeologists. Training of more archaeologists was a slow phenomenon for many reasons, and thus it was not until a growing number of universities introduced archaeological programs in the country that there were concerted efforts to train more scholars in the discipline. While all these developments were taking place, however, the professional was not regulated. Instead, archaeological associations were informally constituted by like-minded people who shared the same passion for the past. It was not until March 2018 that the Association for Southern African Professional Archaeologists (ASAPA), administratively and historically based in South Africa, was recognised as a non-statutory body. The discipline has taken a long trajectory to reach this level. In my opinion, the preferred recognition would have been registration as a statutory body established by the law of South African Parliament. That aside, I share the journey South African archaeology has traversed over the period encompassing four centuries, as well as evaluate the impact made by the 2018 recognition by the South African Qualifications Authority (SAQA).
- Published
- 2020
- Full Text
- View/download PDF
45. Analysis and comparison of administrative infractions and penalties of the Statutory Auditor and the Audit Firm
- Author
-
Hernández Díaz, Neiva P. and Sierra Capel, Francisco J.
- Subjects
Sanciones del auditor de cuentas ,Auditor ,Análisis y comparativa ,Analysis and comparison ,Penalties ,Sociedad auditora ,Infracciones administrativas ,Statutory ,Audit firm ,Administrative infractions - Published
- 2018
46. Reopening the Langelier—Mignault Debate on Unauthorized Transactions Involving a Minor's Property
- Author
-
Michael H. Lubetsky and Joshua A. Krane
- Subjects
Social Sciences and Humanities ,Property (philosophy) ,nullité ,Section (typography) ,ordre public ,Policy objectives ,tutor ,Minor (academic) ,interprétation des lois ,minor ,nullity ,Prior authorization ,TUTOR ,enfant ,interpretation ,General Environmental Science ,computer.programming_language ,child ,section 213 C.C.Q ,article 213 C.c.Q ,General Engineering ,tuteur ,mineur ,Geography ,statutory ,Law ,General Earth and Planetary Sciences ,Sciences Humaines et Sociales ,Contract of sale ,public order ,computer - Abstract
Under section 213 C.C.Q., immovables, enterprises, and important pieces of family property belonging to a minor can only be sold in cases of necessity, and only then with prior authorization from the court or the tutorship council. What is the legal status, therefore, of a contract of sale of a minor's property made by his tutor in violation of this provision? This question inspired a vigorous debate in both France and Quebec throughout the nineteenth century. Mignault "settled'' this debate in 1896 by declaring such a contract to be tainted with relative nullity. Now, over a century later, the law's attitude toward the protection of minors has changed significantly, which makes it appropriate to revisit Mignault's thesis. This paper argues that the sanction of relative nullity is inconsistent with both the text and underlying policy objectives of the section, and that an alternative approach must be adopted., Selon l’article 213 C.c.Q., les immeubles, les entreprises et les biens importants à caractère familial appartenant à un mineur ne peuvent être vendus qu’en cas de nécessité et avec une autorisation préalable du tribunal ou du conseil de tutelle. Quel est alors le statut juridique d’un contrat de vente d’un bien appartenant à un mineur faite par son tuteur en violation de cet article ? Cette question a été à l’origine d’un vigoureux débat, en France ainsi qu’au Québec, au cours du 19e siècle. Mignault le trancha en 1896 en déclarant un tel contrat entaché de nullité relative. Aujourd’hui, plus d’une centaine d’années plus tard, la position du législateur à l’égard de la protection des mineurs a beaucoup évolué, ce qui nécessite une réévaluation de la solution apportée par Mignault. Cet article soutient que la sanction de nullité relative va à l’encontre du libellé et des objectifs de l’article 213 C.c.Q. et qu’une approche alternative doit être adoptée.
- Published
- 2014
- Full Text
- View/download PDF
47. Consistency between provision, outcomes and functioning needs in statutory documents for young children with developmental disabilities in England.
- Author
-
Castro-Kemp, Susana, Gaona, Carolina, Grande, Catarina, and Palikara, Olympia
- Subjects
- *
CHILDREN with disabilities , *CHILDREN with developmental disabilities , *DIAGNOSIS - Abstract
Background: It is widely accepted that early childhood intervention for children with disabilities should address the assessment-intervention cycle holistically. Documenting both assessment and intervention is important to support provision effectively. In England, the official document that describes needs and provision for children with special educational needs and disabilities is the Education Health and Care plan. This document requires inter-professional collaboration and a focus on children's holistic participation, rather than diagnosis.Aim: To examine the consistency between provision, outcomes and needs of young children with disabilities in England, as described in their Education Health and Care plans.Methods: The plans of 68 young children were examined and the relationships between documented needs, outcomes and provision actions analysed.Results: provision is more related to children's individual needs, than to their diagnoses, when needs are described in sufficient detail; interdisciplinarity leads to higher quality documentation of provision and outcomes. However, more needs to be done to support professionals in developing higher quality needs descriptions and interdisciplinary collaborations.Implications: Training and interdisciplinarity with a common language between professionals have the potential to improve currently observed challenges regarding consistency between provision, needs and outcomes. [ABSTRACT FROM AUTHOR]- Published
- 2021
- Full Text
- View/download PDF
48. TO RUB SHOULDERS WITH THE TRADITIONAL HEALTH PRACTITIONER OR NOT, THAT IS THE QUESTION FOR THE MEDICAL DOCTOR IN THE NEW SOUTH AFRICA
- Author
-
Gabriel Louw and André Duvenhage
- Subjects
lcsh:R5-920 ,medicine.medical_specialty ,pre-modern ,business.industry ,Shoulders ,mental impairment ,Alternative medicine ,Mental impairment ,phytovigilance ,General Medicine ,Allied health ,Indigenous ,impepho ,Statutory law ,pharmacovigilance ,statutory ,Family medicine ,Pharmacovigilance ,medicine ,indigenous ,lcsh:Medicine (General) ,business ,Medical doctor - Abstract
Background The South African medical doctor has been well established over the years as the keeper of the holy medical grails. Entrance for newcomers to the medical domain has not been and is still not easy. The hostility towards the allied professions in the 1950s and later in the 1980s provides evidence of this. Certain prerequisites for entrance were set and jealously guarded by the medical fraternity. The Traditional Health Practitioners Act, (Act No 22, 2007) is another such a challenge. This time it is not an outsider fraternity that is fighting alone for its own recognition. They are backed by a government and political force to get the traditional health practitioner (previously known as the traditional healer) statutorily recognized. Aims The study aimed to reflect on the future professional relationship between the medical doctor and the traditional health practitioner in South Africa. Methods This is an exploratory and descriptive study that makes use of an historical approach by means of investigation and a literature review. The emphasis is on using current documentation like articles, books and newspapers as primary sources to reflect on the future professional relationship between the medical doctor and the traditional health practitioner in South Africa. The findings are offered in narrative form. Results It is clear that the Traditional Health Practitioners Act No 22 (2007) will put enormous pressure on the medical doctor, not only to relinquish some of his healthcare empowerment, but also to see and to accept the traditional health practitioner as a new, respectable health copractitioner and colleague. Facts hereto reveal that there are in terms of training, health ethics, practice approaches, attitudes and views, basically not a single point of similarity or agreement between the medical doctor and the traditional health practitioner whatsoever. Notwithstanding these enormous differences, the existence of the Traditional Health Practitioners Act No 22 (2007) is a fact that the medical doctor can not erase easily from the South African law books. Conclusion The traditional health practitioner and the traditional health fraternity will not easily be absorbed into the formal healthcare establishment, notwithstanding the intentions of Section 49 of the Traditional Health Practitioners Act No 22 (2007) to reach this goal over time. Whether the traditional health practitioner will become a true and beloved colleague of the medical doctor, who rubs shoulders with him in his practice, remains to be seen.
- Published
- 2017
- Full Text
- View/download PDF
49. Land Governance, Gender Equality and Development:Past Achievements and Remaining Challenges
- Author
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Rasmus Hundsbæk Pedersen, Rikke Brandt Broegaard, Helle Munk Ravnborg, and Rachel Spichiger
- Subjects
Gender equality ,Economic growth ,050204 development studies ,Corporate governance ,05 social sciences ,Geography, Planning and Development ,Legislation ,Development ,Statutory law ,0502 economics and business ,Development economics ,Still face ,Economics ,Customary ,050207 economics ,Statutory ,Land tenure ,International development ,Legal ,Development cooperation - Abstract
Most land governance reforms seek to enhance tenure security, encourage investments and thereby promote economic growth. Increasingly, land reforms attempt to secure women's and other vulnerable groups' access to land. This article reviews the extent to which gender equality in land tenure has been pursued in these reforms and examines the role played by donor cooperation. Despite significant progress in developing land legislation that upholds gender equality, implementation often does not follow suit, and women still face discrimination. Based on country case studies, the article identifies six challenges, which should be addressed to achieve gender equality in land tenure. Most land governance reforms seek to enhance tenure security, encourage investments and thereby promote economic growth. Increasingly, land reforms attempt to secure women's and other vulnerable groups' access to land. This article reviews the extent to which gender equality in land tenure has been pursued in these reforms and examines the role played by donor cooperation. Despite significant progress in developing land legislation that upholds gender equality, implementation often does not follow suit, and women still face discrimination. Based on country case studies, the article identifies six challenges, which should be addressed to achieve gender equality in land tenure.
- Published
- 2016
- Full Text
- View/download PDF
50. The resilience of child protection social workers: are they at risk and if so, how do they adjust? A systematic Meta-Synthesis
- Author
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12241989 - Theron, Linda Carol, 21293236 - Truter, Elmien, 11126388 - Fouché, Ansie, Truter, Elmien, Fouché, Ansie, Theron, Linda, 12241989 - Theron, Linda Carol, 21293236 - Truter, Elmien, 11126388 - Fouché, Ansie, Truter, Elmien, Fouché, Ansie, and Theron, Linda
- Abstract
Globally, social workers protect, among others, children who are in need of care and protection. Child protection social workers protect children by means of statutory intervention. Concomitant professional risks threaten child protection social workers' well-being and competence, resulting in sub-standard services, attrition and calls for child protection social worker resilience. Promoting child protection social worker resilience requires a deep understanding of child protection social worker risk and resilience. Given the scarcity of studies focused on child protection social worker risk and resilience around the globe, we aimed to ascertain how well child protection social worker risk and resilience are understood. We thus undertook a systematic meta-synthesis of fourteen qualitative studies on child protection social worker risk and resilience. This meta-synthesis demonstrates a comprehensive understanding of child protection social worker risk in minority-world countries, but not in majority-world countries. It also demonstrates an inadequate understanding of child protection social worker resilience worldwide.
- Published
- 2017
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