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La construction du droit des cotisants / The construction of the rights of the contributorsVenel, Justine 14 December 2013 (has links)
En France, le régime général de sécurité sociale est principalement financé par des cotisations à la charge des employeurs et des salariés. Leur paiement repose sur un système déclaratif permettant, en contrepartie, aux Urssaf d'effectuer un contrôle de l'exactitude et de l'exhaustivité des déclarations des cotisants. L'efficience du recouvrement est essentielle au maintien du mécanisme d'assurance sociale établi. Il importe de concilier les nécessités du financement du régime général de sécurité sociale avec les droits des cotisants. Ces derniers doivent bénéficier, lors du contrôle, des garanties du principe de la contradiction, à savoir d'un droit à l'information et à la discussion avant qu'une décision soit prise à leur encontre. Plus généralement, en dehors du cadre précis des opérations de vérification, le droit positif s'attache à améliorer la sécurité juridique du cotisant et l'égalité devant les charges publiques. La construction du droit des cotisants se caractérise par la recherche d'un équilibre entre les deux impératifs qui s'avèrent parfois incompatibles. Aussi, elle est longue et prudente et se distingue parfois par l'inobservation partielle et ponctuelle des principes établis. Appréhendant la situation actuelle, cette étude formule également plusieurs propositions d'amélioration du droit des cotisants en gardant à l'esprit l'impératif financement de la sécurité sociale. / In France, the general French social security scheme is mainly financed by contributions paid by employers and employees. Their payment is based on a declarative system which allows the social security authorities (Urssaf) to check the accuracy and completeness of the statements made by the contributors. The efficiency of the collection is essential to the preservation of the established mechanism of social insurance. It is important to reconcile the requirements of the financing of the general social security system with the rights of contributors. They have to benefit, during the control, from the guarantees of the adversarial principle, that is a right to be informed and a right to discuss before any decision is taken against them. More generally, outside the specific scope of the verification processes, the French positive law aims to improve the legal security of the contributors and the equality in relation to public burdens. The construction of the rights of the contributors is characterized by the search for a balance between these two imperatives which turn out sometimes incompatible. Also, it is long and careful and sometimes distinguished by the partial and ad-hoc non-compliance with the established principles. Taking into account the current situation, this study also formulates several proposals of improvement of the rights of the contributors keeping in mind the imperative of the financing of the French social security scheme.
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A criminological examination of police criminalityGrobler, Elizabeth 30 November 2005 (has links)
The primary objective of this research was to study and explain police criminality from a criminological point of view. Police criminality was addressed from a scientific perspective and this was achieved by using scientific measures and procedures including theoretical explanations and recognised research methodology.
The secondary objectives included the undertaking of a comprehensive literature study on police criminality in addition to conducting interviews with specialists in order to gain expert information from knowledgeable sources in the field of police criminality. Interviews conducted with police offenders addressed police criminality from the viewpoint of the individual offender.
The findings of the empirical study reflect significant individual and organisational factors. The individual factors highlighted characteristics such as power, greed, aggression, feelings of invincibility, gullibility, propensity to criminality and psychological factors including Post Traumatic Stress Disorder, which contributed to crimes committed by police members. Perhaps the most significant organisational contributors highlighted by this study related to managerial shortcomings. It is evident that police organisations with high levels of untrained, inexperienced and incompetent managers experience high levels of internal criminality. Poor supervision and the lack of corruption controls create an enabling environment for the perpetuation of police deviance.
Additional organisational factors that encourage criminality include negative aspects of police culture such as the code of silence, where police members are more apt to protecting corrupt colleagues than reporting them. The lack of discipline gives rise to insubordination and familiarity, which encourages impunity. In the South African Police Service at present, the policy of Affirmative Action is causing widespread dissatisfaction and the lowering of morale amongst certain members. Inadequate recruitment and training do not prepare members adequately for their job and it literally allow the "worm into the apple."
The researcher's contribution to this study is an interventionist model, which contains essential recommendations primarily for the benefit of the South African Police Service. These include the expeditious implementation of a comprehensive anti-corruption strategy and the creation of an independent investigation unit. Management shortcomings must be rectified and professionalism encouraged. Recruits need to be thoroughly vetted and ethics and integrity must be included in police training. / Criminology / D. Litt. et Phil. (Criminology)
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A criminological examination of police criminalityGrobler, Elizabeth 30 November 2005 (has links)
The primary objective of this research was to study and explain police criminality from a criminological point of view. Police criminality was addressed from a scientific perspective and this was achieved by using scientific measures and procedures including theoretical explanations and recognised research methodology.
The secondary objectives included the undertaking of a comprehensive literature study on police criminality in addition to conducting interviews with specialists in order to gain expert information from knowledgeable sources in the field of police criminality. Interviews conducted with police offenders addressed police criminality from the viewpoint of the individual offender.
The findings of the empirical study reflect significant individual and organisational factors. The individual factors highlighted characteristics such as power, greed, aggression, feelings of invincibility, gullibility, propensity to criminality and psychological factors including Post Traumatic Stress Disorder, which contributed to crimes committed by police members. Perhaps the most significant organisational contributors highlighted by this study related to managerial shortcomings. It is evident that police organisations with high levels of untrained, inexperienced and incompetent managers experience high levels of internal criminality. Poor supervision and the lack of corruption controls create an enabling environment for the perpetuation of police deviance.
Additional organisational factors that encourage criminality include negative aspects of police culture such as the code of silence, where police members are more apt to protecting corrupt colleagues than reporting them. The lack of discipline gives rise to insubordination and familiarity, which encourages impunity. In the South African Police Service at present, the policy of Affirmative Action is causing widespread dissatisfaction and the lowering of morale amongst certain members. Inadequate recruitment and training do not prepare members adequately for their job and it literally allow the "worm into the apple."
The researcher's contribution to this study is an interventionist model, which contains essential recommendations primarily for the benefit of the South African Police Service. These include the expeditious implementation of a comprehensive anti-corruption strategy and the creation of an independent investigation unit. Management shortcomings must be rectified and professionalism encouraged. Recruits need to be thoroughly vetted and ethics and integrity must be included in police training. / Criminology and Security Science / D. Litt. et Phil. (Criminology)
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Exploring the construction of quality of life in older people / Lizanlé van Biljon.Van Biljon, Lizanlé January 2013 (has links)
Ageing populations and the unique challenges they pose are characteristic of the accelerating demographic transition evident in both developed and developing countries. In South Africa the elderly population is also increasing dramatically. There is a disproportionate distribution of older persons per ethnic group, with white older people representing the largest group of older South Africans (21%, proportional to ethnic group). The influx of the baby boomer generation will inevitably lead to an exponential increase in the numbers of white older people within the next two decades.
Regardless of integration policies in post-apartheid South Africa, 90% of all residential care facilities are still occupied solely by white older people. Such facilities are described as buildings or other structures used primarily for the purposes of providing accommodation and of providing a 24-hour service to older persons. The increasingly larger segment of white older people holds considerable implications for the future of these facilities since more individuals will turn to this living arrangement. The Older Persons Act of South Africa was inaugurated by the government in 2006 and its key objectives are aligned with the recommendations of the Madrid International Plan of Action on Ageing (2002). Amongst many other objectives, the Older Persons Act emphasises practices that enhance the wellbeing and quality of life (QoL) of all older persons. However, the reigning circumstances in most residential care facilities have been described as challenging. A national audit of residential care facilities in 2010 indicated a need for psychosocial interventions since the QoL of residents was found to be undefined and unspecific.
The purpose of the study was to explore the construction of QoL, from the perspective of the older people living in residential care facilities. A purposive sample of 54 participants (male, n=10; female, n=44) with ages ranging between 62 and 95 years was drawn. The participants were able to communicate congruently and understood the research purpose. Participants resided in four similar facilities situated in urban areas in two South African provinces. A multiple-context inquiry was conducted to gather rich data and collateral information. The study made use of interviews, focus groups, journals, and the Mmogo-method® to collect qualitative data. Interpretative Phenomenological Analysis (IPA) and visual analysis methods were used to analyse the data. Interactive Qualitative Analysis (IQA) was conducted with 19 participants, resulting in a conceptual model of QoL. Member-checking was performed by the participants. Ethical approval was granted by the Ethics Committee of the North-West University (Potchefstroom Campus), as part of a larger project, namely “An exploration of enabling contexts (05K14)”.
The findings revealed that the nature of QoL is informed by spiritual worldviews, interpersonal contexts and the maintained ability of older people to regulate aspects of their own lives. The nature of QoL was also revealed as transitional throughout the ageing process and that the dimensions of QoL may be found on a continuum. Six domains were elicited in the construction of QoL, namely spirituality, health, relationships, meaningfulness, autonomy and sense of place. Each domain presented with certain contributors and inhibitors influencing the older person’s ability to experience QoL. Findings revealed the strengths of older people to deal with adversities associated with later life. The inhibitors of QoL are emphasised for the attention of policy makers, the managers of residential care facilities, care givers and family members.
The study provided insight into the causal influences between the domains of QoL. A conceptual model with systemic properties is proposed. The theoretical implications of this systems model are that QoL domains are mutually informing and exercise a particular influence on the relational states of older people. It is hoped that new knowledge in the area of QoL might direct future research efforts and put resources channeled to residential care facilities to better use. / Thesis (PhD (Psychology))--North-West University, Potchefstroom Campus, 2013.
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Exploring the construction of quality of life in older people / Lizanlé van Biljon.Van Biljon, Lizanlé January 2013 (has links)
Ageing populations and the unique challenges they pose are characteristic of the accelerating demographic transition evident in both developed and developing countries. In South Africa the elderly population is also increasing dramatically. There is a disproportionate distribution of older persons per ethnic group, with white older people representing the largest group of older South Africans (21%, proportional to ethnic group). The influx of the baby boomer generation will inevitably lead to an exponential increase in the numbers of white older people within the next two decades.
Regardless of integration policies in post-apartheid South Africa, 90% of all residential care facilities are still occupied solely by white older people. Such facilities are described as buildings or other structures used primarily for the purposes of providing accommodation and of providing a 24-hour service to older persons. The increasingly larger segment of white older people holds considerable implications for the future of these facilities since more individuals will turn to this living arrangement. The Older Persons Act of South Africa was inaugurated by the government in 2006 and its key objectives are aligned with the recommendations of the Madrid International Plan of Action on Ageing (2002). Amongst many other objectives, the Older Persons Act emphasises practices that enhance the wellbeing and quality of life (QoL) of all older persons. However, the reigning circumstances in most residential care facilities have been described as challenging. A national audit of residential care facilities in 2010 indicated a need for psychosocial interventions since the QoL of residents was found to be undefined and unspecific.
The purpose of the study was to explore the construction of QoL, from the perspective of the older people living in residential care facilities. A purposive sample of 54 participants (male, n=10; female, n=44) with ages ranging between 62 and 95 years was drawn. The participants were able to communicate congruently and understood the research purpose. Participants resided in four similar facilities situated in urban areas in two South African provinces. A multiple-context inquiry was conducted to gather rich data and collateral information. The study made use of interviews, focus groups, journals, and the Mmogo-method® to collect qualitative data. Interpretative Phenomenological Analysis (IPA) and visual analysis methods were used to analyse the data. Interactive Qualitative Analysis (IQA) was conducted with 19 participants, resulting in a conceptual model of QoL. Member-checking was performed by the participants. Ethical approval was granted by the Ethics Committee of the North-West University (Potchefstroom Campus), as part of a larger project, namely “An exploration of enabling contexts (05K14)”.
The findings revealed that the nature of QoL is informed by spiritual worldviews, interpersonal contexts and the maintained ability of older people to regulate aspects of their own lives. The nature of QoL was also revealed as transitional throughout the ageing process and that the dimensions of QoL may be found on a continuum. Six domains were elicited in the construction of QoL, namely spirituality, health, relationships, meaningfulness, autonomy and sense of place. Each domain presented with certain contributors and inhibitors influencing the older person’s ability to experience QoL. Findings revealed the strengths of older people to deal with adversities associated with later life. The inhibitors of QoL are emphasised for the attention of policy makers, the managers of residential care facilities, care givers and family members.
The study provided insight into the causal influences between the domains of QoL. A conceptual model with systemic properties is proposed. The theoretical implications of this systems model are that QoL domains are mutually informing and exercise a particular influence on the relational states of older people. It is hoped that new knowledge in the area of QoL might direct future research efforts and put resources channeled to residential care facilities to better use. / Thesis (PhD (Psychology))--North-West University, Potchefstroom Campus, 2013.
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Motivators, contributors and inhibitors in adult higher education in the University of the Western CapeViljoen, Karin 01 1900 (has links)
Lifelong learning for adults has almost become compulsory for the maintenance of employability. In the South African context, The National Plan for Higher Education advocated an increase of adult learners entering higher education to facilitate lifelong learning.
This study will focus on adult learners returning to institutions of higher education on a full-time basis. The study will determine factors that motivate adults to enter the learning environment, and it will identify inhibitors and contributors during their studies. A qualitative research design has been employed. Analysis of data collected by open-ended questionnaires and in-depth interviews indicated that the motivation to return to higher education was mainly personal and career driven. Students reported on situational, dispositional, and institutional inhibitors they experienced and had to overcome. Contributors identified included various support systems. Recommendations are made in view of the results of the empirical study to assist institutions of higher education in South Africa to meet the unique needs of the adult learner. / Educational Studies / M. Ed. (Adult Education)
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Motivators, contributors and inhibitors in adult higher education in the University of the Western CapeViljoen, Karin 01 1900 (has links)
Lifelong learning for adults has almost become compulsory for the maintenance of employability. In the South African context, The National Plan for Higher Education advocated an increase of adult learners entering higher education to facilitate lifelong learning.
This study will focus on adult learners returning to institutions of higher education on a full-time basis. The study will determine factors that motivate adults to enter the learning environment, and it will identify inhibitors and contributors during their studies. A qualitative research design has been employed. Analysis of data collected by open-ended questionnaires and in-depth interviews indicated that the motivation to return to higher education was mainly personal and career driven. Students reported on situational, dispositional, and institutional inhibitors they experienced and had to overcome. Contributors identified included various support systems. Recommendations are made in view of the results of the empirical study to assist institutions of higher education in South Africa to meet the unique needs of the adult learner. / Educational Studies / M. Ed. (Adult Education)
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