Entre la gobernanza social e institucional: Una mirada al fenómeno de la trata de personas en Colombia en el período entre 2000 y 2012

La presente monografía tiene por objetivo identificar la influencia de las acciones emprendidas por la sociedad civil y las organizaciones internacionales frente a la problemática de la trata de personas en Colombia, durante el período comprendido entre los años 2000 y 2012. En este sentido, la investigación constituye un esfuerzo por develar las transformaciones en las narrativas institucionales que han posibilitado el reconocimiento de los elementos de prevención y centralidad de las víctimas, como ejes articuladores del discurso gubernamental frente a la trata de personas. Para ello, se hace uso de la teoría de la gobernanza global enmarcada en el enfoque constructivista de las Relaciones Internacionales, en tanto permite establecer una relación entre las acciones de los diferentes actores y el impacto de estas en la construcción de estrategias nacionales para hacer frente a problemáticas que, como la trata de personas, se encuentran en estrecha relación con el mundo globalizado.

Las facultades discrecionales en el estado social de derecho colombiano: una aproximación a la discrecionalidad técnica desde la doctrina y la jurisprudencia

En el presente trabajo de grado, se realiza un acopio, valoración y respectivo análisis de la jurisprudencia nacional, la doctrina especializada y la legislación vigente en Colombia en materia de Facultades Administrativas Discrecionales, con el propósito de determinar, si en nuestro ordenamiento existe diferencia de fondo en el tratamiento de la Discrecionalidad Técnica entre la jurisprudencia contencioso administrativa y la constitucional. Así mismo, se resalta que en un Estado Social de Derecho como el nuestro, es necesario que el quehacer administrativo se aproxime cada vez más a los ideales constitucionales de transparencia y justicia social, de forma tal que las decisiones que se adopten, estén siempre sujetas a los principios de legalidad y debido proceso, y en todo caso, propendan por la salvaguarda del bien común y el interés general.

Data protection and privacy: the Australian legislation and its implications for IT professionals

The notion of privacy takes on a completely different meaning when viewed from the perspective of an IT professional, an organisation using technology to support strategic directions or a member of the public. This paper looks past the technical issues involved in data protection and examines some of the business, social and regulatory aspects that have become important to those involved in the management, storage and dissemination of electronic information. The paper documents some of the legislative developments in privacy and data protection and examines what these developments mean for IT professionals for whom the link between data captured, stored and processed into information and the resulting effect on privacy is important. The Commonwealth Privacy Act 1988 based on work done by the Council of Europe, the OECD and the European Union provides some general guidelines but only for the public sector. However, new legislation imminent. Thus, IT professionals need to be aware of the changing situation and examine their organisation’s current practices to ensure compliance with future laws.

A Look at Corporate Code of Conduct Legislation

Over recent years, there has been a growing perception among civil society in the developed world that multinational corporations are engaged in socially and environmentally exploitative practices that they would never get away with, or even attempt, in their home countries. Whether right or wrong, that perception and its political and economic ramifications have driven a global movement for more responsible corporate behavior. As part of that global movement, three common law jurisdictions—the United States, Australia and the United Kingdom—have seen legislation introduced to enforce standards of practice for multinational corporations based in those countries in respect of their overseas activities. None of those Bills has yet passed into law, but they are worthy of analysis as attempts to transform hitherto amorphous concepts like 'corporate social responsibility' into concrete legislation. This article compares and critically analyses the three Bills, making recommendations as to how they could be improved, with particular emphasis on the need to forge stronger links between the legislative provisions and international human rights law.

Stalking, and social and romantic functioning among adolescents and adults with autism spectrum disorder

We examine the nature and predictors of social and romantic functioning in adolescents and adults with ASD. Parental reports were obtained for 25 ASD adolescents and adults (13–36 years), and 38 typical adolescents and adults (13–30 years). The ASD group relied less upon peers and friends for social (OR = 52.16, p < .01) and romantic learning (OR = 38.25, p < .01). Individuals with ASD were more likely to engage in inappropriate courting behaviours (χ² df = 19 = 3168.74, p < .001) and were more likely to focus their attention upon celebrities, strangers, colleagues, and ex-partners (χ2 df = 5 = 2335.40, p < .001), and to pursue their target longer than controls (t = −2.23, df = 18.79, p < .05). These results show that the diagnosis of ASD is pertinent when individuals are prosecuted under stalking legislation in various jurisdictions.

GLBT workplace experience : the impact of social practices, oranisational context and personal factors on turnover decisions

‘Gay Rights’ have recently become a major issue in many Australian employers with the enactment of new legislation. Thus, research on employment issues for GLBT (gay/ lesbian/ bisexual/ transgendered) members of the work has attracted considerable attention from academic and researchers in recent years. However, there is still little research relating to sexual orientation in the management literature. This paper develops a model exploring the impact of potential personal and contextual factors (legal system, industry and organisational) on turnover decisions of GLBT members of the workforce. This paper also suggests a number of potential topics and methodological issues for future research.

Healthcare identifiers legislation : a whiff of Fourberie

The Healthcare Identifiers Bill 2010 (Cth), which will establish “the national e-health Healthcare Identifiers Service to provide that patients, healthcare providers and provider organisations can be consistently identified”, is in the process of being enacted by the Australian Federal Parliament. The legislation will enable the government to assign to each “healthcare recipient” a 26-digit electronic “Healthcare Identifier”, which will be accessible, with or without the recipient’s consent, to a broad range of health care service providers as well as other entities. The individual Healthcare Identifier file will initially contain such identifying information as, where applicable, the Medicare number and/or the Veterans’ Affairs number; name; address; gender; date of birth; and “the date of birth accuracy indicator”, presumably birth certificate. However, since each “service” provided by a health care provider to a health care recipient will be automatically recorded on each individual’s Healthcare Identifier file, in time these electronic files should contain a full record of such services or contacts. Moreover, the Healthcare Identifiers are considered a “key” to, or a “foundation stone” for, the implementation of the shared electronic health records scheme, because they will enable linkage with and retrieval of each patient’s clinical records throughout the health care service system. However, there has been virtually no discussion about the legal, ethical and social implications of this legislation.

Psycho-social, ethical and legal arguments for and against the retrospective release of information about donors to donor-conceived individuals in Australia

In the February 2011 report on its inquiry into the past and present practices of donor conception in Australia, the Australian Senate Legal and Constitutional Affairs References Committee called for the introduction of legislation to regulate donor conception in all jurisdictions that do not have it in place "as a matter of priority". It further called for the establishment, "as a matter of priority", of a national register of donors to enable donor-conceived individuals to access identifying information about their donor. The Senate Committee left open the question as to whether the legislation and central register should have retrospective effect. This article focuses upon that question. It shows that arguments concerning the privacy, confidentiality and anonymity of some donors who may wish to remain anonymous are outweighed by the manifest injustice faced by donor-conceived individuals who are denied access to such information, as well as their families and donors who wish to exchange this information.

The discursive practices of nurse practitioner legislation in Australia

Aim.  The aim of this paper was to examine the nurse practitioner legislative framework in Australia from a critical social theory perspective. Background.  National regulation for nurses and midwives has superseded all previous state legislation with effect from July 2010. The aim of this change was to streamline regulation processes across all health professionals requiring regulation, in order to eliminate diverse state-based regulatory policies that were identified as hindering transferability of the workforce across Australia. This paper explores the changes with reference to nurse practitioners. Since their introduction to Australia different legislative practices between states have presented difficult endorsement procedures which have affected employment. Data sources.  Information for the paper is drawn from a doctoral study which examined the politics of advancing nursing in Australia, with particular reference to the discourses of nurse practitioners. This is augmented by more recent legislative documents and policies, as well as media reports, to examine the process of change in legislation and the unfolding discourses on employment and practice. Implications to nursing.  Nurse practitioner endorsement may be more complicated, defeating the original premise of transferability of a skilled workforce across state jurisdictions. Conclusion.  This paper exposes the influence that powerful discourses can have on a major change to professional practice.

Do social values influence levels of conservation effort in threatened species? The case of two Australian chats

This research aims to understand why one of two almost identical subspecies of the Australian yellow chat Ephthianura crocea has received significantly higher levels of local and institutional support than the other despite both having the same conservation status and taxonomic distinctiveness, factors commonly thought to influence conservation effort. Using a qualitative multiple case study approach we explored how a range of social factors, including stakeholder attitudes and institutional, policy and operational aspects, might have affected conservation efforts for the two taxa. Our results suggest that the conservation trajectories of these two subspecies have diverged since their identification as threatened species in 2000 because of differences in the social landscapes within which they persist. For one subspecies local advocacy was kindled initially by the small number of local endemic bird species but developed into a strong emotional engagement, resulting in increased local awareness, government funding, and effectiveness of conservation action. The other subspecies has had to compete for attention with approximately 200 other threatened taxa occurring in its region. No individual advocate has accorded this subspecies a high priority for action, and none of those responsible for its conservation have seen it or acknowledged an emotional attachment to it. Our findings confirm that initiation of conservation effort is strongly tied to the social values of individuals with power to take action, regardless of legislation.

The effect of social security, demography and technology on retirement

This article investigates the causes in the reduction of labor force participation of the old. We argue that the changes in social security policy, in technology and in demography may account for most of the changes in retirement over the second part of the last century in the U.S. economy. We develop a dynamic general equilibrium model with endogenous retirement that embeds social security legislation. The model is able to match very closely the increase in the retirement rate of males aged 65 and older. It also quanti es the isolated impact on retirement and on the solvency of the social security system of the di¤erent factors. The model suggests that technological and demographic changes had a strong in uence on retirement, so that it would have increased signi cantly even if the social security rules had not changed. However, as the latter became much more generous in the past, changes in social security policy can account not only for a sizeable part of the expansion of retirement, but also for the most of the observed increase in the social security expenses as a share of GDP.

The effect of social security, demography and technology on retirement

This article investigates the causes in the reduction of labor force participation of the old. We argue that the changes in social security policy, in technology and in demography may account for most of the changes in retirement over the second part of the last century in the U.S. economy. We develop a dynamic general equilibrium model with endogenous retirement that embeds social security legislation. The model is able to match very closely the increase in the retirement rate of males aged 65 and older. It also quanti es the isolated impact on retirement and on the solvency of the social security system of the di¤erent factors. The model suggests that technological and demographic changes had a strong in uence on retirement, so that it would have increased signi cantly even if the social security rules had not changed. However, as the latter became much more generous in the past, changes in social security policy can account not only for a sizeable part of the expansion of retirement, but also for the most of the observed increase in the social security expenses as a share of GDP.

Brazil: the pressure points in labor legislation

Brazil’s experience shows that the economic and political history of a country is a critical determinant of which labor laws influence wages and employment, and which are not binding. Long periods of high inflation, illiteracy of the workforce, and biases in the design and enforcement of labor legislation bred by the country’s socioeconomic history are all important in determining the reach of labor laws. Defying conventional wisdom, these factors are shown to affect labor market outcomes even in the sector of employment regarded as unregulated. Following accepted practice in Brazil, we distinguish regulated from unregulated employment by determining whether or not the contract has been ratified by the Ministry of Labor, viz., groups of workers with and without signed work booklet. We then examine the degree of adherence to labor laws in the formal and informal sectors, and finds “pressure points” – viz., evidence of the law on minimum wage, work-hours, and payment timing being binding on outcomes – in both the formal and informal sectors of the Brazilian labor market. The findings of the paper imply that in terms of the design of legislation, informality in Brazil is mainly a fiscal, and not a legal phenomenon. But the manner in which these laws have been enforced is also critical determinant of informality in Brazil: poor record-keeping has strengthened the incentives to stay informal that are already built into the design of the main social security programs, and ambiguities in the design of labor legislation combined with slanted enforcement by labor courts have led to workers effectively being accorded the same labor rights whether or not they have ratified contracts. The incentives to stay informal are naturally higher for workers who are assured of protection under labor legislation regardless of the nature of their contract, which only alters their financial relationship with the government. The paper concludes that informality in Brazil will remain high as long as labor laws remain ambiguous and enforced with a clear pro-labor bias, and social security programs lack tight benefitcontribution linkages and strong enforcement mechanisms.

The effect of social security, health, demography and technology on retirement

This article studies the determinants of the labor force participation of the elderly and investigates the factors that may account for the increase in retirement in the second half of the last century. We develop a life-cycle general equilibrium model with endogenous retirement that embeds Social Security legislation and Medicare. Individuals are ex ante heterogeneous with respect to their preferences for leisure and face uncertainty about labor productivity, health status and out-of-pocket medical expenses. The model is calibrated to the U.S. economy in 2000 and is able to reproduce very closely the retirement behavior of the American population. It reproduces the peaks in the distribution of Social Security applications at ages 62 and 65 and the observed facts that low earners and unhealthy individuals retire earlier. It also matches very closely the increase in retirement from 1950 to 2000. Changes in Social Security policy - which became much more generous - and the introduction of Medicare account for most of the expansion of retirement. In contrast, the isolated impact of the increase in longevity was a delaying of retirement.

O ensino jurídico e a prática social concreta do direito (o caso do Maranhão): análise da prática pedagógica e jurídica do curso de graduação em Direito, no Maranhão

A prática pedagógica do ensino do Direito no Maranhão, sintetizada na produção do conteúdo ensinado, constitui também prática jurídica, na medida em que as concepções júri dicas entranham as relações sociais determinadas pelo modo de produção da existência do homem, e deste emanam as relações sociais. As concepções jurídicas, como postura teórico-metodológica, nascidas da prática social, e o direito positivo, entendido como as teorias que informam a legislação, além desta, compõem o âmbito do Direito, que ~ e visualizado pelo conteúdo ensinado, apenas como direito positivo. As contradições internas das relações sociais, exercidas no Maranhão, se adequam às da prática pedagógica e prática jurídica do Curso Jurídico de Graduação, do Maranhão, enquanto ocultação da realidade e, ao mesmo tempo, e, contraditoriamente, construção desta.