129 resultados para Abuse of dominance

em Deakin Research Online - Australia


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Lesson #I. Good long-term monitoring makes for informed and confident decisions on land management.
Lesson #2. Monitoring showing species and habitat decline can directly lead to better protection mechanisms.
Lesson #3. Results of monitoring can be ignored, misused and misquoted to achieve political ends.
Lesson #4. Are we seeing a decline in systematic species surveys by government?
Lesson #5. We don't know enough about what monitoring is happening and why monitoring isn't happening.
Lesson #6. Disparate data sets and cumbersome collection methods are hindering species status monitoring.
Lesson #7. Make better use of existing resomces and expertise.
Lesson #8. Make monitoring data more accessible and enable it to be more repeatable.
Lesson #9. Embed the requirement for monitoring in biodiversity and threatened species legislation.
Lesson #10. Understand better the social elements of ecological monitoring

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Financial abuse of older people too often lives ‘in the shadows, hidden by fear and shame’. This and the protective love between family members can screen changes that are critical to an older person’s financial and living arrangements. Rather than a single event, it is usually a series of well-intentioned but ill-considered financial acts, which at some point tips over into abuse interwoven with an intricate web of family relationships. Was a transfer of title or a loan to an adult child really misappropriation? Has thoughtlessness become undue influence or even theft? 

Seniors’ support agencies find that older people call for help after they have transferred money or property in the expectation of future housing and care from a younger family member. By then the money has usually gone, relationships have been destroyed and serious issues of health and homelessness have arisen. These situations are preventable and this is core to Seniors Rights Victoria’s legal education project – the prevention of financial abuse of older people in situations where assets have been transferred in exchange for care.
This paper is the third of three publications produced for this project. The previous two were: ‘Assets for Care: A Guide for Lawyers to Assist Clients at Risk of Financial Abuse’, and a guide for older people: ‘Care for Your Assets: Money, Ageing and Family. Each of these publications reflects the experience and knowledge of Seniors Rights Victoria and the service’s rights-based, preventive approach. Prevention of financial abuse helps avoid deep personal anguish and can lessen the burden on services that respond to elder abuse.
An examination of current law and its effectiveness together with discussion of and recommendations for law and policy reform, relevant to ‘assets for care’ scenarios, are this paper’s focus. Although some reform approaches are worthwhile, many shortcomings are systemic and cannot be dealt with through law reform alone, particularly given people’s reluctance to seek legal recourse for these complex and intensely personal family issues.

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 Across the 1990s, Indonesian writers used the short story genre to represent human rights abuses in Indonesia.These rights included freedom of speech, right to life and right to assembly. The short story had great impact, depicting dramatically both perpetrators and victims, and exposing the social, economic and political conditions which bred such abuses.

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Almost invariably in the disability literature, the terms 'neighbourhood' and 'community' are used as though they have some commonly understood meaning. They do not, and authors rarely offer a definition. This problem adds opacity to the literature describing people's living environment and the nature of their interaction with others living in the same area. This ambiguity becomes crucial to understanding when these terms are linked to other vague, but emotionally-charged words, such as 'inclusion' or 'integration'. This review presents some of the ways 'neighbourhood' and 'community' may be correctly employed. It also explores the theoretical basis for understanding how and why their use may be misleading. Finally, it is demonstrated that the assumed relevance of neighbourhood participation for life quality has been greatly exaggerated. We recommend that authors carefully define their use of these terms in order to facilitate understanding free from emotional bias.

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A case study is presented of child sexual assault within a church community. How does a church community deal with the accusation of an adolescent female that-as a 13-year old-she was sexually victimised and assaulted by her then 18-year old boyfriend, five years her senior? Practical and pastoral issues, as well as ethical and legal concerns are addressed. Consideration is also given to the theological context of the church environments in which the situations arise. The implications for victims, perpetrators, leaders, and the church community of our actions-and failure to take appropriate action-are described, along with recommendations for prevention, and best practice in dealing with the sexual abuse of minors within church communities.

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This article focuses on the challenge of dealing with allegations of child sexual abuse in the context of the Family Court of Australia. Of all cases that come before the Court, those involving such allegations are relatively uncommon. they tend to be the most difficult cases, however, and are more likely to require a trial and the involvement of qualified practitioners. The review establishes that parental separation is a special circumstance in which sexual abuse may be more likely to occur, and many allegations of sexual abuse are found to be true. There is evidence, however, that a proportion of allegations made by people other than the child concerned may be false. Whether these false allegations are well intentioned and genuinely believed, or maliciously motivated has been a contentious issue. Issues considered include the mishandling of cases, the failure by professionals to consider equally plausible alternative hypotheses than the sexual abuse of a child, confirmation bias, and the profound repercussions of allegations for all members of the family. It is concluded that all allegations of child sexual abuse must be evaluated in a thorough and sensitive manner to separate the few false allegations from the many that are true.

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Previous studies have suggested that lay people and professionals both tend to deny or minimise female-perpetrated sexual abuse of children. However, such abuse has been shown to have negative impacts on the victims. This study investigated whether professionals who might work with victims or perpetrators of childhood sexual abuse show a bias in processing scenarios and making decisions when confronted such abuse. A sample of 231 psychiatrists, psychologists, probationary psychologists and child protection workers responded to variations in vignettes in which women and men offended against children, and completed a questionnaire assessing attitudes to women's sexually abusive/offending behaviour toward children. All professional groups regarded cases involving female perpetrators of child sexual abuse as serious and deserving of professional attention. However, while there were some differences between groups, female perpetrators were more likely than male perpetrators to be considered leniently, suggesting that minimisation of female-perpetrated sexual abuse of children may persist in the professional arena. As a result, both female perpetrators of sexual abuse and their victims may go untreated, and in the case of perpetrators, their behaviour may go unsanctioned. Training for professionals to enhance their understanding of the seriousness of sexual abuse perpetrated by women is indicated.

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The limited findings on the impact of female-perpetrated sexual abuse of children are often contradictory, particularly in relation to males. In this exploratory qualitative study, a sample of nine men and five women who reported that they had been sexually abused by women in their childhood were recruited from the general community. They completed a questionnaire that asked them to describe various aspects of their abuse experiences and the perceived consequences. For both men and women, the abuse was associated with negative outcomes across a range of functional areas in both childhood and adulthood. Many impacts were similar to those reported by victims of male-perpetrated sexual abuse. It is argued that the consequences of female-perpetrated child sexual abuse are serious, and further research is required to bring these issues to the awareness of both the public and professionals working in the field of child protection and counseling.

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Although there is increasing concern about both the prevalence of, and harms associated with the abuse of older adults, progress in the development of interventions to prevent its occurrence has been slow. This paper reports the findings of a systematic review of the published literature that identified studies in which the outcomes of preventative interventions are described. A total of eight different intervention trials, published since 2004, are described across the primary, secondary and tertiary levels of prevention and in terms of the types of risk factor that they target. The current evidence to support the effectiveness of these interventions is not only limited by the small number of outcome studies but also the poor quality of evaluation designs and the focus of many interventions on single risk factors. It is concluded that work is needed to strengthen the evidence base that supports the delivery of interventions to prevent elder abuse.

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Outline of the nature and scope of the double jeopardy principle as it operates in the pleas in the bar and the court's discretion to prevent an abuse of the process - rationales advanced in favour of doctrine - some anomalies and implications from the claim that the double jeopardy principle is absolute - some suggestions for reform.

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The monopoly granted through intellectual property rights can lead to abuses ofsuch monopoly. The TRIPS Agreement recognizes such abuses along with the fact that competition policy can play a significant role in dealing with such abuses. The use of competition policy to deal with the abuse of IP monopolies reguires a discussion ofabuse of the dominant position, definition ot market and substitutability of products and whether the
patenting monopoly automatically puts the right holder in the dominant position. The issue of parallel trade and exhaustion of rights also has anti-competitive implications. The introduction of discriminatory pricing along with any ban on parallel trade would lead to absolute market control, market segregation and market exclusion by the monopolistic industries. [JEL Classiffication: K21, K33]

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A recent focus of research and clinical practice has been on the issue of abuse of parents by their children (parent abuse). This paper reviews the literature on this phenomenon. While parent abuse falls under the umbrella of family violence, it appears to be qualitatively different from other forms of intra-family abuse. Research has primarily focused on prevalence rates and the characteristics of perpetrators and victims. While various factors such as gender, age, emotional attachment to parents, race/ethnicity, socioeconomic status, family stress and parenting style and structure have been associated with parent abuse, findings are equivocal. Etiological models are general and untested, and treatment approaches lack empirical support. It is concluded that more rigorous and extensive research is required in order to provide a deeper understanding of this complex issue, and to inform treatment approaches.

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Umpires (or referees) are essential for the ongoing production of organised sport. It has been widely argued that abuse of umpires by players, coaches, and spectators is ubiquitous and aversive, therefore engendering attrition. Cognitive behavioural theory specifies that attrition and continuation are best understood by identifying the ways that stimuli are interpreted. In this study, 22 umpires of professional and semi-professional Australian Rules football were interviewed to determine what they think of abusive behaviour, and what they find to be rewarding about umpiring. Findings showed that umpires routinely reframe abuse, considering it to be a normal part of their role. Abuse was not deemed to be particularly aversive, and there was no evidence that it contributes to attrition. On the other hand, umpires enjoyed the social world they share with other umpires, and identified social interactions among umpires as a key reason for continuing to umpire. This study highlights the important role that socialisation into the social world of umpiring plays in helping umpires to reframe abuse, and the importance of socialising with other umpires in maintaining their commitment to umpiring. It is suggested that the social rewards of umpiring should be stressed in umpire recruitment, and that the social world of umpiring should be incorporated into umpire training and retention.