Discrimination in the Private Sphere. A subjective Right or a Legal Abuse. An European North American Legal Comparative Study

En el presente trabajo se estudian los límites de la autonomía privada desde la perspectiva del derecho a la igualdad y del principio de no discriminación tanto en el derecho norteamericano como en el europeo, con especial incidencia a la doctrina española. Por un lado se plantea si la piedra angular a la hora de establecer límites a la autonomía privada debe ser el concepto de dignidad o el de igualdad, por otro superando dicho debate se propone un acercamiento al problema entendido como una colisión entre derechos fundamentales en la que en cada concreto supuesto ha de estudiarse cual debe prevalecer. Finalmente se estima conveniente seguir el modelo de la Constitución de Sudáfrica y entender que los derechos fundamentales afectan directamente tanto a las relaciones horizontales como verticales, es decir tanto al ámbito público como privado.

Discrimination in clinical settings and its relationship to depression and anger in women living with HIV

Objectives: To describe the frequency of feared discrimination in various social situations and of perceived discrimination in clinical settings, as well as to study the relationship between discrimination and depression and anger in women living with human immunodeiciency virus (HIV). Material and methods: The scale of Feared and Perceived Discrimination for Women with HIV (DTP-40-MV), the Beck Depression Inventory (BDI-2), and the Anger Expression scale of State-Trait-anger expression inventory (STaXi-2-aX/eX) were applied to a random sample of 200 women living with HIV. Results: These women feared being discriminated against, perceived discrimination upon the review of medical records, but perceived little discrimination in clinical care. a model with good adjustment to the data showed that the fear of being discriminated against creates a disposition toward perception of discrimination in the clinical settings (latent variable with 2 indicators: review of the medical records and clinical care) and increases cognitive/affective depressive symptoms; higher anger control decreases the anger manifestation; greater discrimination perceived in the clinical settings decreases anger control, which facilitates the expression of anger and slows cognitive/affective depressive symptoms; and these latter symptoms sensitize the perception of discrimination before the clinical records. Conclusion: Feared discrimination is a clinically relevant aspect due to its frequency and effect on depressive symptoms and perception of discrimination before the review of medical records.

Origin discrimination and quality evaluation of Gastrodiae rhizoma (Orchidaceae) by high-performance liquid chromatographic fingerprint

Purpose: To develop a high-performance liquid chromatography (HPLC) fingerprint method for the quality control and origin discrimination of Gastrodiae rhizoma . Methods: Twelve batches of G. rhizoma collected from Sichuan, Guizhou and Shanxi provinces in china were used to establish the fingerprint. The chromatographic peak (gastrodin) was taken as the reference peak, and all sample separation was performed on a Agilent C18 (250 mm×4.6 mmx5 μm) column with a column temperature of 25 °C. The mobile phase was acetonitrile/0.8 % phosphate water solution (in a gradient elution mode) and the flow rate of 1 mL/min. The detection wavelength was 270 nm. The method was validated as per the guidelines of Chinese Pharmacopoeia. Results: The chromatograms of the samples showed 11 common peaks, of which no. 4 was identified as that of Gastrodin. Data for the samples were analyzed statistically using similarity analysis and hierarchical cluster analysis (HCA). The similarity index between reference chromatogram and samples’ chromatograms were all > 0.80. The similarity index of G. rhizoma from Guizhou, Shanxi and Sichuan is evident as follows: 0.854 - 0.885, 0.915 - 0.930 and 0.820 - 0.848, respectively. The samples could be divided into three clusters at a rescaled distance of 7.5: S1 - S4 as cluster 1; S5 - S8 cluster 2, and others grouped into cluster 3. Conclusion: The findings indicate that HPLC fingerprinting technology is appropriate for quality control and origin discrimination of G. rhizoma.

Undermined climate policies : a study on the impact of regulatory and financial discrimination across heterogeneous firms in China

Firms in China within the same industry but with different ownership and size have very different production functions and can face very different emission regulations and financial conditions. This fact has largely been ignored in most of the existing literature on climate change. Using a newly augmented Chinese input–output table in which information about firm size and ownership are explicitly reported, this paper employs a dynamic computable general equilibrium (CGE) model to analyze the impact of alternative climate policy designs with respect to regulation and financial conditions on heterogeneous firms. The simulation results indicate that with a business-as-usual regulatory structure, the effectiveness and economic efficiency of climate policies is significantly undermined. Expanding regulation to cover additional firms has a first-order effect of improving efficiency. However, over-investment in energy technologies in certain firms may decrease the overall efficiency of investments and dampen long-term economic growth by competing with other fixed-capital investments for financial resources. Therefore, a market-oriented arrangement for sharing emission reduction burden and a mechanism for allocating green investment is crucial for China to achieve a more ambitious emission target in the long run.

Evaluating the effectiveness of discrete trial procedures for teaching receptive discrimination to children with autism spectrum disorders

Research has found that children with autism spectrum disorders (ASD) show significant deficits in receptive language skills (Wiesmer, Lord, & Esler, 2010). One of the primary goals of applied behavior analytic intervention is to improve the communication skills of children with autism by teaching receptive discriminations. Both receptive discriminations and receptive language entail matching spoken words with corresponding objects, symbols (e.g., pictures or words), actions, people, and so on (Green, 2001). In order to develop receptive language skills, children with autism often undergo discrimination training within the context of discrete trial training. This training entails teaching the learner how to respond differentially to different stimuli (Green, 2001). It is through discrimination training that individuals with autism learn and develop language (Lovaas, 2003). The present study compares three procedures for teaching receptive discriminations: (1) simple/conditional (Procedure A), (2) conditional only (Procedure B), and (3) conditional discrimination of two target cards (Procedure C). Six children, ranging in age from 2-years-old to 5-years-old, with an autism diagnosis were taught how to receptively discriminate nine sets of stimuli. Results suggest that the extra training steps included in the simple/conditional and conditional only procedures may not be necessary to teach children with autism how to receptively discriminate. For all participants, Procedure C appeared to be the most efficient and effective procedure for teaching young children with autism receptive discriminations. Response maintenance and generalization probes conducted one-month following the end of training indicate that even though Procedure C resulted in less training sessions overall, no one procedure resulted in better maintenance and generalization than the others. In other words, more training sessions, as evident with the simple/conditional and conditional only procedures, did not facilitate participants’ ability to accurately respond or generalize one-month following training. The present study contributes to the literature on what is the most efficient and effective way to teach receptive discrimination during discrete trial training to children with ASD. These findings are critical as research shows that receptive language skills are predictive of better outcomes and adaptive behaviors in the future. ^

Contrast and lustre:a model that accounts for eleven different forms of contrast discrimination in binocular vision

Our goal here is a more complete understanding of how information about luminance contrast is encoded and used by the binocular visual system. In two-interval forced-choice experiments we assessed observers' ability to discriminate changes in contrast that could be an increase or decrease of contrast in one or both eyes, or an increase in one eye coupled with a decrease in the other (termed IncDec). The base or pedestal contrasts were either in-phase or out-of-phase in the two eyes. The opposed changes in the IncDec condition did not cancel each other out, implying that along with binocular summation, information is also available from mechanisms that do not sum the two eyes' inputs. These might be monocular mechanisms. With a binocular pedestal, monocular increments of contrast were much easier to see than monocular decrements. These findings suggest that there are separate binocular (B) and monocular (L,R) channels, but only the largest of the three responses, max(L,B,R), is available to perception and decision. Results from contrast discrimination and contrast matching tasks were described very accurately by this model. Stimuli, data, and model responses can all be visualized in a common binocular contrast space, allowing a more direct comparison between models and data. Some results with out-of-phase pedestals were not accounted for by the max model of contrast coding, but were well explained by an extended model in which gratings of opposite polarity create the sensation of lustre. Observers can discriminate changes in lustre alongside changes in contrast.

Identification with the neighborhood: Discrimination and neighborhood size

This paper analyzes the impact of a geographical social grouping (neighborhood) and its relative perceived size in the spontaneous group’s identiication level and place satisfaction, as well as the intensity of and motives for discrimination against inhabitants of other places. Two studies are presented: an experimental one using the minimal group categorization paradigm and an onsite investigation of a city neighborhood. Consistent with the predictions, the results showed that smaller neighborhoods reported higher identiication and satisfaction with the place of residence, as well as higher discrimination of other neighborhoods. In line with the optimal distinctiveness theory (ODT), the indings showed that the motivation for discrimination varies as a function of the in-group size. Thus, the members of larger groups discriminate by increasing the diferentiation between the in-group and the out-group, whereas the members of smaller groups increased the value of the in-group. Furthermore, the results were consistent with a social identity theory and ODT explanation of diverse research that shows the non-trivial nature of geographical bounded social grouping and its importance in a diverse set of contexts and its impact in inter-neighborhood relationships.

Discrimination capacity in species distribution models depends on the representativeness of the environmental domain

Aim When faced with dichotomous events, such as the presence or absence of a species, discrimination capacity (the ability to separate the instances of presence from the instances of absence) is usually the only characteristic that is assessed in the evaluation of the performance of predictive models. Although neglected, calibration or reliability (how well the estimated probability of presence represents the observed proportion of presences) is another aspect of the performance of predictive models that provides important information. In this study, we explore how changes in the distribution of the probability of presence make discrimination capacity a context-dependent characteristic of models. For the first time,we explain the implications that ignoring the context dependence of discrimination can have in the interpretation of species distribution models.

87Sr/86Sr ratios discrimination applied to the main Paleozoic carbonate sedimentation in Ossa-Morena Zone

The carbonated sedimentation in Ossa-Morena Zone during the Palaeozoic is formed, at least, by two main episodes. However, some chronological questions remain open, due to lack of biostratigraphic data in some carbonates. Sr isotope analysis was performed in selected limestones and marbles of Ossa-Morena Zone, in order to discriminate the Sr signature of the two main carbonate sedimentation episodes. The Sr isotopic data from the analyzed carbonate show two clusters of 87Sr/86Sr ratios, one related with the Lower Cambrian and other with the Lower-Middle Devonian carbonates.

Analytical characteristics and discrimination of Brazilian commercial grape juice, nectar, and beverage.

The production and commercialization of Brazilian grape juice is increasing annually, mainly due to its typicality, quality, and nutritional value. The present research was carried out in view of the great significance of Brazilian grape juice for the grape and wine industry. The purpose of this study, therefore, was to assess its composition as well as the discrimination between grape juice and other beverages. Twenty four samples of whole, sweetened, and reprocessed grape juices, grape nectar, and grape beverage were evaluated. Classical variables were analyzed by means of physicochemical methods; tartaric and malic acids, by HPLC; methanol, by gas chromatography; minerals, by atomic absorption spectrophotometry. These products were discriminated by the Principal Component Analysis (PCA). Results show that whole and sweetened grape juices were discriminated from other grape products because they featured higher values of total soluble solids, tartaric and malic acids, most minerals, phenolic compounds, and K/Na ratio, whereas grape nectar and grape beverage presented higher values of ºBrix/titratable acidity ratio. Reprocessed juice was discriminated due to its higher concentrations of Li and Na and lower hue.

Perpetuating Racism: Legal Education, Race and Social Justice

By presenting the results of a content analysis of Australian undergraduate legal education, this paper examines the extent to which issues of race, ethnicity, discrimination, and multiculturalism feature within this component of the moral, ethical, and professional development of legal professionals. It will demonstrate that instead of encouraging a deep, critical and contextual understanding of such issues, legal education provides a relatively superficial one, which has important implications for the role that legal professionals play in overcoming injustices such as institutional racism, and the kinds of social reform that they are likely to undertake.

Systemic racism: the hidden barrier to educational success for Indigenous school students

Explanations for poor educational experiences and results for Australian Indigenous school students have, to a great extent, focused on intended or conscious acts or omissions. This paper adopts an analysis based on the legislation prohibiting indirect racial discrimination. Using the elements of the legislation and case law it argues that apparently benign and race-neutral policies and practices may unwittingly be having an adverse impact on Indigenous students' education. These practices or policies include the building blocks of learning, a Eurocentric school culture. Standard English as the language of assessment, legislation to limit schools' legal liability, and teachers' promotions.

Issues in the development of pitch labelling skill

Pitch discrimination skills are important for general musicianship. The ability to name musical notes or produce orally any named note without the benefit of a known reference is called Absolute Pitch (AP) and is comparatively rare. Relative Pitch (RP) is the ability to name notes when a known reference is available. AP has historically been regarded as being innate. This paper will examine the notion that pitch discrimination skill is based on knowledge constructed through a suite of experiences. That is, it is learnt. In particular, it will be argued that early experiences promote the development of AP. Second it will argue that AP and RP represent different types of knowledge, and that this knowledge emerges from different experiences. AP is a unique research phenomenon because it spans the fields of cognition and perception, in that it links verbal labels with physiological sensations, and because of its rarity. It may provide a vantage for investigating the nature/nurture of musicianship; expertise; knowledge structure development; and the role of knowledge in perception. The study of AP may inform educational practice and curriculum design both in music and cross-curriculur. This paper will report an initial investigation into the similarities and differences between the musical experiences of AP possessors and the manifestation of their AP skill. Interview and questionnaire data will be used for the development and proposal of a preliminary model for AP development.

Way-Finding in the Built Environment

The Way-fi nding in the Built Environment project is a worldwide review identifying those way-fi nding systems and technologies that could be used to make it easier and safer for people with a sensory impairment (and in particular a vision impairment) to fi nd their way around buildings and large public spaces. The project makes recommendations on how these technologies and systems may be incorporated, by law or otherwise, into Australia’s building and construction practice. Way-fi nding aims to ensure that people with a sensory impairment know where they are in a building or an environment, where their desired location is, and how to get there from their present location. It is unlawful to discriminate against people with a disability under the Disability Discrimination Act 1992.

Race and equity in higher education : A harder path for Indigenous academics

Our experiences as Indigenous academics within universities often reflects the experiences we have as Indigenous people in broader society, yet I am still surprised and angered when it is others working in higher education who espouse notions of justice and equity with whom we experience tension and conflict in asserting our rights, values and cultural values. At times it is a constant struggle even when universities have Reconciliation Statements as most of them do now, Indigenous recruitment or employment strategies and university wide anti-racism and anti-discrimination policies and procedures.