Can Consent Training End Sexual Violence On Campus?: Students, Consent and Sexual Ethics

The ongoing, potentially worsening problem of sexual violence and harassment on university campuses has emerged in the last few years as an area of concern. Female students have been identified as one of the most likely groups to experience sexual violence and this violence is exacerbated by contemporary student cultures around alcohol consumption and gendered and sexual norms. University campuses have also become central to prevention efforts in many countries due to their relatively accessible populations and an ability to implement social policies at an institutional level.
Many of these measures are based around promoting or educating students about sexual consent, and particularly notions of affirmative consent, expressed as ‘Yes means Yes’. However, there exists little research around sexual ethics with students exploring whether consent is in fact the best way to tackle cultural problems of sexual violence on campus. This paper makes use of existing literature on sexual ethics and focus group research undertaken with Australian university students to argue for an approach to the problem of sexual ethics on campus that is broader than simply focusing on training programs in sexual consent. It identifies a number of limitations to the consent framework and argues that prevention efforts need to more seriously engage with broader cultural norms around heterosexuality and gendered relationships.

The inside story: A survey of social work students’ supervision and learning opportunities on placement

Practice learning accounts for half of the content of the Bachelor of Social Work degree course requirements in Northern Ireland in their field education programs and share a professional and ethical responsibility with practice teachers to provide appropriate learning environments to prepare students as competent and professional practitioners. The accreditation standards for practice learning require the placement to provide students with regular supervision and exposure to a range of learning strategies, but there is little research that actually identifies the types of placements offering this learning and the key activities provided. This paper builds on an Australian study and surveys social work students in two programs in Northern Ireland about their exposure a range of learning activities, how frequently they were provided and how it compares to what is required by the Northern Ireland practice standards. The results indicated that, although most students were satisfied with the supervision and support they received during their placement, the frequency of supervision and type of learning activities varied according to different settings, year levels and who provided the learning opportunities.

How to promote professional competence and identity in social work students

Background: Field placement experiences are frequently cited in the literature as having most impact on a student social worker’s learning as they emerge into the profession. Placements are integral to the development of practice competence and in acquiring a sense of social work identity. However research on the effectiveness of educational strategies used to deliver learning and assess competence during placement are scarce. Internationally, pressures to meet increasing numbers of student enrolments have raised concerns about the potential impact on the quality of placements and practice teaching provided. These pressures may also impact on the appropriate transfer and application of learning to the student’s practice.
Aim: To identify learning activities rated most useful for developing professional practice competence and professional identity of social work students.
Method: Data were collected from 396 students who successfully completed their first or final placement during 2013-2014 and were registered at one of two Universities in Northern Ireland. Students completed a self-administered questionnaire which covered: placement setting and service user group; type of supervision model; frequency of undertaking specific learning activities; who provided the learning; which activities contributed to their developing professional competence and identity and their overall satisfaction.
Our findings confirmed the centrality of the supervisory relationship as the vehicle to enable quality student learning. Shadowing others, receiving regular supervision and receiving constructive feedback were the tasks that students reported as ‘most useful’ to developing professional identity, competence and readiness to practice. Disturbingly over 50% of students reported that linking practice to the professional codes, practice foci and key roles were not valued as ‘useful’ in terms of readiness to practice, feeling competent and developing professional social work identity. These results offer strong insights into how both the University and the practice placement environment needs to better prepare, assess and support students during practice placements in the field.

HIV positive men as fathers: Accounts of displacement, ir/responsibility and paternal emergence

It is now apparent that socio-cultural constructions of masculinity variously impact men’s experiences of their HIV positive status, yet how being a father can feature in this mix remains under-researched. This study employed in-depth semi-structured interviews and Foucauldian-informed discourse analysis to explore the accounts of six self-identifying heterosexual fathers (four black African migrants, two white European) who had been living with HIV from five to 24 years. While the HIV-related literature calls for the need to subvert ‘traditional’ expressions of masculinity as a means of promoting HIV prevention and HIV health, we argue that the lived experience for HIV positive men as fathers is more socially, discursively and thus more psychologically nuanced. We illustrate this by highlighting ways in which HIV positive men as fathers are not simply making sense of themselves as a HIV positive man for whom the modern (new) man and father positions are useful strategies for adapting to HIV and combating associated stigma. Discourses of modern and patriarchal fatherhoods, a gender-specific discourse of irresponsibility, and the neoliberal conflation of heath and self-responsibility are also at work in the sense making frames that HIV positive men, who are also fathers, can variously deploy. Our analysis shows how this discursive mix can underpin possibilities of often conflicted meaning and identity when living as a man and father with HIV in the UK, and specifically how discourses of fatherhood and HIV ‘positive’ health can complicate these men’s expressions and inhabitations of masculinity.

The metamorphosis of authority: a case study of the Aga Khan Development Network and the Ismaili Imamate

This research is a study of modern developments of the institutions of the Nizārī Ismaili imamate during the time of the present Ismaili Imam, Shāh Karīm al-Ḥusaynī, Aga Khan IV, as the 49th hereditary living Imam of Shiʿi Nizārī Ismaili Muslims, particularly addressing the formation of the Aga Khan Development Network (AKDN) and the functions of the Community institutions. Using the case study of the Aga Khan Development Network and the Nizārī Ismaili imamate, this research demonstrates that the three ideal types of authority as proposed by Weber, namely the traditional, charismatic and legal-bureaucratic types, are not sufficient to explain the dynamics of authority among Muslims. This is partly due to Weber’s belief in the uniqueness of Western civilisation, which is a product of his thesis on Protestant Ethics and partly because his ideal typical system does not work in the case of the Muslim societies. The Ismaili imamate with its multifarious institutions in contemporary times is the most suitable counter-example by which to powerfully demonstrate that Weberian models of authority fail to explain this phenomenon and it would indeed appear as a paradoxical institution if viewed with Weberian theses. The Ismaili imamate in contemporary times represents a paradigm shift and a transmutation not only as regards the Weberian models but also when viewed from inside the tradition of Shiʿi Muslim history. This evolutionary leap forward, which has been crystallised over the course of the past half a century, in the Ismaili imamate suggests the development of a new form of authority which is unprecedented. There are clearly various elements in this form of authority which could be discerned as rooted in tradition and history; however the distinctive elements of this new form of authority give it a defining and exciting dimension. There are several qualities which are peculiar to the contemporary condition of the Ismaili imamate and its style of leadership which are distinctive. Most importantly, while some central features, like succession by way of designation (naṣṣ) has not changed, there is one overarching quality which can best capture all these elements and that is the transmutation of the Ismaili imamate from the person of the Imam into the office of imamate and thus we are now facing the institutionalisation of the imamate and the office being the embodiment of the authority of the Imam. I have described this new development as a metamorphosis of the authority because it gives an entirely new form and content to the previously familiar concept of authority in the Shiʿi Ismaili Muslim tradition.

Relatório de estágio em educação pré-escolar e ensino do 1º ciclo do ensino básico

presente relatório de qualificação profissional foi elaborado no âmbito da Unidade Curricular de Prática Pedagógica Supervisionada, inserida no plano de estudos do mestrado profissionalizante em Educação Pré-Escolar e Ensino do 1º Ciclo do Ensino Básico. Intenta evidenciar o desenvolvimento de competências pessoais e profissionais pela estudante nos níveis educativos já referenciados, visando a construção de um perfil docente generalista. Em primeiro lugar, fundamenta-se o desenvolvimento uma ação dotada de intencionalidade num quadro teórico-concetual, construído ao longo do percurso formativo da mestranda, nos normativos legais em vigor, nas características dos contextos educativos que integrou e nos conhecimentos sobre cada criança. Posteriormente, apresenta-se através de uma análise crítica e reflexiva, o desenvolvimento vivenciado pela discente ao longo dos períodos de estágio que visava promover a progressiva autonomia e responsabilização pela ação docente. A metodologia de investigação-ação foi fundamental na construção das bases do perfil profissional da mestranda pois alicerçou o desenvolvimento da práxis e estruturou os processos de observação, planificação, ação, avaliação e reflexão. Esta metodologia e as estratégias e instrumentos formativos que a integram e que se adotaram nos dois níveis educativos fomentaram a transformação e a melhoria da prática educativa, através do desenvolvimento de competências reflexivas, investigativas e indagadoras. O processo vivenciado promoveu simultaneamente o desenvolvimento da estudante e a construção de aprendizagens por parte das crianças, constituindo-se como a primeira etapa de uma aprendizagem ao longo da vida com vista à constante adaptação e transformação do conhecimento praxeológico.

A intervenção dos orgãos de polícia criminal em sede de julgamento

Currently, Portugal assumes itself as a democratic rule of substantive law State, sustained by a legal system seeking the right balance between the guarantee of fundamental rights and freedoms constitutional foreseen in Portugal’s Fundamental Law and criminal persecution. The architecture of the penal code lies with, roughly speaking, a accusatory basic structure, “deliberately attached to one of the most remarkable achievements of the civilizational democratic progress, and by obedience to the constitutional commandment”, in balance with the official investigation principle, valid both for the purpose of prosecution and trial. Regarding the principle of non self-incrimination - nemo tenetur se ipsum accusare, briefly defined as the defendant’s right of not being obliged to contribute to the self-incrimination, it should be stressed that there isn’t an explicit consecration in the Portuguese Constitution, being commonly accepted in an implicit constitutional prediction and deriving from other constitutional rights and principles, first and foremost, the meaning and scope of the concept of democratic rule of Law State, embedded in the Fundamental Law, and in the guidelines of the constitutional principles of human person dignity, freedom of action and the presumption of innocence. In any case, about the (in) applicability of the principle of the prohibition of self-incrimination to the Criminal Police Bodies in the trial hearing in Court, and sharing an idea of Guedes Valente, the truth is that the exercise of criminal action must tread a transparent path and non-compliant with methods to obtain evidence that violate the law, the public order or in violation of democratic principles and loyalty (Guedes Valente, 2013, p. 484). Within the framework of the penal process relating to the trial, which is assumed as the true phase of the process, the witness represents a relevant figure for the administration of criminal justice, for the testimonial proof is, in the idea of Othmar Jauernig, the worst proof of evidence, but also being the most frequent (Jauernig, 1998, p. 289). As coadjutant of the Public Prosecutor and, in specific cases, the investigating judge, the Criminal Police Bodies are invested with high responsibility, being "the arms and eyes of Judicial Authorities in pursuing the criminal investigation..." which has as ultimate goal the fulfillment of the Law pursuing the defense of society" (Guedes Valente, 2013, p. 485). It is in this context and as a witness that, throughout operational career, the Criminal Police Bodies are required to be at the trial hearing and clarify the Court with its view about the facts relating to occurrences of criminal context, thus contributing very significantly and, in some cases, decisively for the proper administration of the portuguese criminal justice. With regards to the intervention of Criminal Police Bodies in the trial hearing in Court, it’s important that they pay attention to a set of standards concerning the preparation of the testimony, the very provision of the testimony and, also, to its conclusion. Be emphasized that these guidelines may become crucial for the quality of the police testimony at the trial hearing, thus leading to an improvement of the enforcement of justice system. In this vein, while preparing the testimony, the Criminal Police Bodies must present itself in court with proper clothing, to read before and carefully the case files, to debate the facts being judged with other Criminal Police Bodies and prepare potential questions. Later, while giving his testimony during the trial, the Criminal Police Bodies must, summing up, to take the oath in a convincing manner, to feel comfortable, to start well by convincingly answering the first question, keep an attitude of serenity, to adopt an attitude of collaboration, to avoid the reading of documents, to demonstrate deference and seriousness before the judicial operators, to use simple and objective language, to adopt a fluent speech, to use nonverbal language correctly, to avoid spontaneity responding only to what is asked, to report only the truth, to avoid hesitations and contradictions, to be impartial and to maintain eye contact with the judge. Finally, at the conclusion of the testimony, the Criminal Police Bodies should rise in a smooth manner, avoiding to show relief, resentment or satisfaction, leaving a credible and professional image and, without much formality, requesting the judge permission to leave the courtroom. As final note, it’s important to stress that "The intervention of the Police Criminal Bodies in the trial hearing in Court” encloses itself on a theme of crucial importance not only for members of the Police and Security Forces, who must welcome this subject with the utmost seriousness and professionalism, but also for the proper administration of the criminal justice system in Portugal.

Record keeping by Swiss physiotherapists--a national survey of knowledge regarding legal requirements.

A national survey conducted in Switzerland aimed to evaluate the knowledge of physiotherapists regarding the legal requirements for record keeping and to collect their feedback about record keeping in general. Three physiotherapists from various professional practice groups and a lawyer specialised in health law developed a questionnaire that was sent to the 7,753 members of two existing national associations of physiotherapists. The questionnaire evaluated the participants' knowledge by calculating a score of legal knowledge, which had a maximum of 30 points. We included 825 questionnaires in the analysis. The large majority (83.4%) of participants confessed an ignorance of the legal requirements concerning record keeping prior to the survey. The average score of legal compatibility was 8 points. The younger age of the physiotherapists was a significant predictor of having knowledge of the legal requirements for record keeping (p <0.001). The participants had an appreciation of the value of records, but they did not have the relevant knowledge regarding the legal requirements for keeping records. The participants blamed a lack of time and remuneration for their failure to keep records according to known requirements. All practising allied health professionals should keep up-to-date and accurate records that conform to active legal requirements and existing international guidelines. In addition to the existing legal requirements, the emergence of e-health and the electronic era will trigger major changes in patient record management by physiotherapists.

Legal education in crisis: healing and humanizing Canadian law schools /

Western law schools are suffering from an identity and moral crisis. Many of the legal profession's problems can be traced to the law school environment, where students are taught to reason and practice in ways that are often at odds with their own personalities and values and even with generally accepted psychologically healthy practices. The idealism, ethic of care, and personal moral compasses of many students become eroded and even lost in the present legal education system. Formalism, rationalism, elitism, and big business values have become paramount. In such a moment of historical crisis, there exists the opportunity to create a new legal education story. This paper is a conceptual study of both my own Canadian legal education and the general legal education experience. It examines core problems and critiques of the existing Western legal education organizational and pedagogical paradigm to which Canadian law schools adhere. New approaches with the potential to enrich, humanize, and heal the Canadian law school experience are explored. Ultimately, the paper proposes a legal education system that is more interdisciplinary, theoretically and practically integrated, emotionally intelligent, technologically connected, morally accountable, spiritual, and humane. Specific pedagogical and curricular strategies are suggested, and recommendations for the future are offered. The dehumanizing aspects of the law school experience in Canada have rarely been studied. It is hoped that this thesis will fill a gap in the research and provide some insight into an issue that is of both academic and public importance, since the well-being of law students and lawyers affects the interests of their clients, the general public, and the integrity and future of the entire legal system.

The expression and development of teachers' capacities within two learning communities : a participant-observer case study

The learning community model has been an integral component of teacher development in Ontarian schools and beyond. This research was conducted to understand how teachers' personal capacity and professional, interpersonal, and organizational competencies are developed and expressed within this context. Nineteen elementary teachers and administrators participated in the study from November through January 2007. A qualitative case study methodology was used to investigate the role ofteachers' capacities and competencies in learning communities. Combined data sources from semistructured interviews, research journals, and document review were used to gather data about teachers' capacities and competencies. The study included 3 phases of analysis. In the final phase the analysis provided 3 qualities of the teachers at Jude and Mountain Schools (pseudonyms): identification as professionals, investment in others, and institutional affiliation that may explain how they differed from other educators. The data revealed these three themes, which provided an understanding of educators at Jude and Mountain Schools as dedicated professionals pushing practices to contribute to school life and address student learning needs, and as teachers who reflected on practices to continue expanding their skills. Teachers were heavily invested in creating a caring culture and in students' and team members' learning. Educators actively participated in solving problems and coplanning throughout the school levels and beyond, assumed collective responsibility for all pupils, and focused on generating school-wide consistent practices. These qualities and action patterns revealed teachers who invested time and effort in their colleagues, who committed to develop as professionals, and who affiliated closely with every aspect of school living.

Analysis of the Ethical, Social and Legal Issues Related to the Delivery of the Prenatal Genetic Testing in Argentina

L'introduction de nouvelles biotechnologies dans tout système de soins de santé est un processus complexe qui est étroitement lié aux facteurs économiques, politiques et culturels, et, par conséquent, demande de remettre en cause plusieurs questions sociales et éthiques. Dans la situation particulière de l’Argentine - c’est-à-dire: de grandes inégalités sociales entre les citoyens, la rareté des ressources sanitaires, l’accès limité aux services de base, l’absence de politiques spécifiques - l'introduction de technologies génétiques pose de sérieux défis qui doivent impérativement être abordés par les décideurs politiques. Ce projet examine le cas des tests génétiques prénataux dans le contexte du système de santé argentin pour illustrer comment leur introduction peut être complexe dans une nation où l’accès égale aux services de santé doit encore être amélioré. Il faut également examiner les restrictions légales et les préceptes religieux qui influencent l'utilisation des technologies génétiques, ce qui souligne la nécessite de développer un cadre de référence intégral pour le processus d'évaluation des technologies afin d’appuyer l’élaboration de recommandations pour des politiques cohérentes et novatrices applicables au contexte particulier de l’Argentine.

Éthique et gouvernance : les règles qui régissent la prévention et la sanction des conflits d'intérêts chez les élus municipaux

RÉSUMÉ FRANÇAIS Ce mémoire fait l’étude du régime de prévention et de sanction des conflits possibles entre les intérêts de la municipalité d’une part et de ceux de ses élus de l’autre. L’objet de recherche est abordé selon une approche historique et éthique basée sur le régime juridique actuel. Le mémoire est divisé en 3 chapitres : (1) la notion de conflit d’intérêts ; (2) le cadre juridique à la base du régime de sanction des conflits d’intérêts et (3) celui sur le régime de prévention des conflits d’intérêts dans le domaine municipal. Le chapitre préliminaire situe l’objet de recherche à l’intérieur des grandes tendances de la recherche juridique sur la question et présente un cadre de réflexion sur la notion de conflit d’intérêts. L’examen des conflits d’intérêts repose avant tout sur un questionnement et sur un jugement de nature subjective : ce qui a été considéré comme un conflit d’intérêts autrefois ne l’est pas nécessairement de nos jours et ce, en dépit du fait que le cadre juridique évolue aussi dans le temps. On ne peut donc pas dégager avec exactitude et pour toujours ce qui constitue un conflit d’intérêts de ce qui n’en constitue pas un. Le chapitre premier est divisé en 4 sections. On y traite notamment de la règle relative à l’interdiction pour un élu municipal de contracter avec la municipalité. On y démontre que l’origine de cette règle remonte aux premières lois municipales du XIXe siècle et que cette dernière a subi assez peu de modifications au fil des ans. La troisième section porte sur les cas de malversation, d’abus de confiance et les autres inconduites prohibées par la Loi sur les élections et référendums dans les municipalités (L.R.Q. c. E-2.2). Une quatrième section sur les accusations criminelles d’abus de confiance et de corruption vient clore le premier chapitre. Chacune de ces sections est abordée notamment en faisant l’historique des dispositions législatives en cause ainsi qu’en faisant certains parallèles avec la législation des autres provinces canadiennes. Le chapitre 2 sur le régime de prévention des conflits d’intérêts est divisé en 4 parties. La première section porte sur l’obligation pour un élu de déclarer annuellement ses intérêts pécuniaires. Cette obligation n’est pas unique au Québec puisqu’elle est présente dans quelques législations provinciales canadiennes. La deuxième section porte sur l’obligation pour cet élu de dénoncer verbalement son intérêt dans une question abordée par le conseil municipal réuni en séance ou en comité. Là encore, l’origine de cette approche préventive est fort ancienne et a longtemps été considéré comme le seul moyen de dénoncer son intérêt sans subir les sanctions prévues par la loi. Une troisième section s’intéresse au cadre juridique entourant les soumissions publiques et qui vise à éliminer toute situation possible de favoritisme ou de patronage. Une quatrième section aborde la question des codes d’éthique et de leur utilité ainsi que les développements récents sur cette question avec le dépôt en 2009 du rapport du Groupe de travail sur l’éthique dans le milieu municipal. Une conclusion vient clore le mémoire en présentant une synthèse de l’étude assortie de commentaires personnels sur les conclusions du Groupe de travail précité.

Au nom de l'humanité? : histoire, droit, éthique et politique de l'intervention militaire justifiée par des raisons humanitaires

Réalisé en cotutelle avec le Centre de recherches politiques Raymond Aron de l'Ecole des Hautes Etudes en Sciences Sociales (EHESS) de Paris, pour un doctorat en études politiques.

Well-Being Freedom and The Possibility of Public-Provision Unit in Global Context

The purpose of this paper is, first, to investigate the interconnections of substantive freedoms, which are indispensable for every individual to “lead the kind of lives they have reason to value” (Sen, 1999b, p.10,18), and which have legitimate and ethical reasons to be publicly secured, second, to investigate a conception of public-provision unit that embodies “the right to well-being freedom”, and a conception of decision-making unit that corresponds to it, based on the perspective of Sen’s capability theory and its extension, comparing with that of Rawls’ Theory of Justice and A Law of People. If we intend to construct such a public-provision unit, which conducts redistribution as a whole, and which receives every individual who cannot belong to any fixed local group, what kind of a body should we assume as a public-provision unit? And further, what kind of a body should we assume as a decision-making unit, which is responsible for deciding or revising the basic conceptions of public provision unit?