921 resultados para Compensatory equality


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This article considers the implications of the Troops to Teaching (TtT) programme, to be introduced in England in autumn 2013, for Initial Teacher Education (ITE) and race equality. TtT will fast-track ex-armed service members to teach in schools, without necessarily the requirement of a university degree. Employing theories of white supremacy, and Althusser’s (1971) concept of Ideological and Repressive State Apparatus, I argue that this initiative both stems from, and contributes to, a system of social privilege and oppression in education. Despite appearing to be aimed at all young people, the planned TtT initiative is actually aimed at poor and racially subordinated youth. This is likely to further entrench polarisation in a system which already provides two tier educational provision: TtT will be a programme for the inner-city disadvantaged, whilst wealthier, whiter schools will mostly continue to get highly qualified teachers. Moreover, TtT contributes to a wider devaluing of current ITE; ITE itself is rendered virtually irrelevant, as it seems TtT teachers will not be subject specialists, rather will be expected to provide military-style discipline, the skills for which they will be expected to bring with them. More sinister, I argue that TtT is part of the wider militarisation of education. This military-industrial-education complex seeks to contain and police young people who are marginalised along lines of race and class, and contributes to a wider move to increase ideological support for foreign wars - both aims ultimately in the service of neoliberal objectives which will feed social inequalities.

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The Equality Act 2010 was enacted with the aim of simplifying existing equality legislation and included extending age discrimination protection beyond the workplace to cover the provision of goods, facilities and services. Under-18s, however, were omitted from such provisions, despite lobbying from a number of different organisations and parliamentarians. This article considers the significance of this exclusion. It both challenges the legitimacy of the decision to exclude children, and considers the difficulties that arise from including under-18s within age discrimination provisions, namely those relating to children’s autonomy, capacity and right to equal treatment. In particular, it asks whether the question of children’s capacity to make decisions, the main ground on which children are denied all the human rights enjoyed by adults, should be revisited in light of the adoption of the Convention on the Rights of Persons with Disabilities, under which a finding of incapacity on the basis of disability constitutes discrimination. It goes on to explore other areas of convergence between childhood and disability studies, and particularly the benefits, and shortcomings, of a ‘social model’ approach to childhood.

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The existing language situation in Kazakhstan, while peaceful, is not without some tension. We propose to analyze here some questions we consider relevant in the frame of cultural globalization and gender equality, such as: free from Russian imperialism, could Kazakhstan become an easy prey of Turkey’s “imperialist dream”? Could these traditionally Muslim people be soon facing the end of religious tolerance and gender equality, becoming this new old language an easy instrument for the infiltration in the country of fundamentalism (it has already crossed the boarders of Uzbekistan), leading to a gradual deterioration of its rich multicultural relations? The present structure of the language is still very fragile: there are three main dialects and many academics defend the re-introduction of the Latin alphabet, thus enlarging the possibility of cultural “contamination” by making the transmission of fundamentalist ideas still easier through neighbour countries like Azerbaijan, Uzbekistan and Turkmenistan (their languages belong to the same sub-group of Common Turkic), where the Latin alphabet is already in use, and where the ground for such ideas shown itself very fruitful.

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Tese apresentada para cumprimento dos requisitos necessários à obtenção do grau de Doutor em Geografia e Planeamento Territorial - Especialidade: Geografia Humana

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This study examines the quantification of compensation for non-pecuniary damage, awarded by means of judicial decisions based on equity, and seeks to verify whether such calculation safeguards legal certainty and predictability when applying the law, as well as whether it observes the principles of proportionality and equality. Firstly, the limits for discretionary judgment permitted to the judge were determined, by evaluating the criteria established under the law. Then, by examining the grounds of the judicial decisions in cases that had been selected beforehand, this study sought to detect operation modes in concrete considerations of equity used by judges. The examination of the grounds on which these judicial decisions are based permitted the comprehension of the calculation method used in each case and the observation that the criteria of compensatory nature, such as the extent of the damage and the respective consequences, assumed a primary role. Despite discrepancies in viewpoints with regard to certain issues of law, the jurisprudence examined reveals that great care is taken to consider the solutions reached in similar cases, in an attempt to ensure that the different criteria applied in the quantification of compensation are given uniform relevance. The comparison of decisions, reported to cases with similar legal contours, did not reveal relevant discrepancies in the calculation criteria used, nor are they disproportionate regarding the amount of compensation awarded, which means that resorting to equity, in determining the compensation to be awarded due to nonpecuniary damage, does not jeopardize legal certainty or predictability when applying the law, and observes the principle of proportionality, which is anchored in the constitutional principle of equality. The study performed, led to the conclusion that the grounds on which judicial decisions are based, by itemising the elements which are taken into account and the criteria adopted by the judge, allow these to be taken into consideration in similar cases, contributing towards uniform interpretation and application of the law, ensuring legal certainty and predictability when resorting to equity while quantifying compensation.

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This study examined how perturbation-evoked compensatory arm reactions in individuals with Parkinson’s disease (PD) are influenced by explicit verbal instruction. Ten individuals with PD and 15 older adults without PD responded to surface translations with or without specific instruction to reach for and grasp the handrail. Electromyographic (EMG) and kinematic recordings were taken from the reaching arm. Results showed that individuals with and without PD benefitted similarly from explicit instruction. Explicit instruction resulted in earlier (p=0.005) and larger (p<0.001) medial deltoid EMG responses in comparison to no specific instructions. Compensatory arm reactions also occurred with a higher peak medio-lateral wrist velocity (p<0.001) and higher peak shoulder abduction angular velocity (p<0.001) with explicit instruction. Explicit instruction positively influenced compensatory arm reactions in individuals with and without PD. Future research is needed to determine whether the benefits of instruction persist over time and translate to a loss of balance in real life.

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The purpose of this study was to determine the influence of an ongoing cognitive task on an individual’s ability to generate a compensatory arm response. Twenty young and 16 older adults recovered their balance from a support surface translation while completing a cognitive (counting) task of varying difficulty. Surface electromyographic (EMG) recordings from the shoulders and kinematics of the right arm were collected to quantify the compensatory arm response. Results indicated that the counting task, regardless of its difficulty as well as the age of the individual, had minimal influence on the onset or magnitude of arm muscle activity that occurred following a loss of balance. In contrast to previous research, this study’s findings suggest that the cortical or cognitive resources utilized by the cognitive task are not relied upon for the generation of compensatory arm responses and that older adults are not disproportionately affected by dual-tasking than young adults.

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"Mémoire présenté à la Faculté des études supérieures En vue de l'obtention du grade de Maîtrise en droit LL.M. (2-325-1-0)"

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Based on a close reading of the debate between Rawls and Sen on primary goods versus capabilities, I argue that liberal theory cannot adequately respond to Sen’s critique within a conventionally neutralist framework. In support of the capability approach, I explain why and how it defends a more robust conception of opportunity and freedom, along with public debate on substantive questions about well-being and the good life. My aims are: (i) to show that Sen’s capability approach is at odds with Rawls’s political liberal version of neutrality; (ii) to carve out a third space in the neutrality debate; and (iii) to begin to develop, from Sen’s approach, the idea of public value liberalism as a position that falls within that third space.

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Dans cet article je considère un récent défi à l’égalitarisme développé par Michael Huemer. Le challenge de Huemer prend la forme d’un dilemme : les égalitaristes peuvent être soit atomistes soit holistes en ce qui concerne la valeur de l’égalité. S’ils sont atomistes, alors ils doivent acceptés que l’égalité n’ait pas de valeur intrinsèque ; s’ils sont holistes, alors leur point ce vue est inconsistant avec une intuitive mais très plausible forme de conséquentialisme. Je montre que ce dilemme ne doit pas perturber les égalitaristes. Ils peuvent être holistes en ce qui concerne la valeur et adhérer en même temps au conséqeuntialisme.

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This thesis is a study of -Equality of Opportunity in Public Employment : Judicial Perspectives on Backwardness. This study is an attempt to evaluate the concept of backwardness and equality of opportunity in employment and to assess the judicial perspectives in relation to them. The study reveals that the recent review petition of the Constitution Bench did not assess the decision of Chakradhar and its import. The study reveals that the Indian judiciary could successfully locate and apply the above principles. It was-Justice Subba Rao's nascent attempt in Devadasan which marked the starting point of such a jurisprudential enquiry. Later Thomas developed the thoughts by a reading new meaning and content to equality provisions of the Constitution which included the elimination of inequalities as the positive content of Articles 14 and 16(1) and elevated reservation provision to the same status of equality principles under the Constitution. Soshit, Vasanth Kumar and Mandal supplemented further to the jurisprudential contents. In this process, the courts were guided by the theories of John Rawls, David Miller, Ronald Dworkin, Max Weber and Roscoe Pound. Thus there was a slow and steady process of transformation of the reservation provision. From an anti-meritarian, unenforceable and enabling provision, it reached a stage of equally relevant and explanatory part of fundamental right to equality. Mandal viewed it as a part of sharing of State power. Though this can be seen by rereading and re-joining thoughts of judges in this regard, the judicial approach lacks coherence and concerted efforts in evolving a jurisprudential basis for protective discrimination. The deliberations of the framers of the Constitution reveals that there was much confusion and indeterminacy with regard to the concept of Backwardness. The study shows that the judiciary has been keeping intact the framers’ expectation of having a reasonable quantum of reservation, preventing the undeserved sections from enjoying the benefit, avoiding its abuse and evolving a new criteria and rejecting the old ones.