Submitted by Luanna Matias (lua_matias@yahoo.com.br) on 2015-03-24T15:24:16Z No. of bitstreams: 2 Dissertação - Adriana Assis Carvalho - 2011.pdf: 1042672 bytes, checksum: 082e2b55f6dc68915badc36fa48641ad (MD5) license_rdf: 23148 bytes, checksum: 9da0b6dfac957114c6a7714714b86306 (MD5) / Approved for entry into archive by Luanna Matias (lua_matias@yahoo.com.br) on 2015-03-24T15:29:45Z (GMT) No. of bitstreams: 2 Dissertação - Adriana Assis Carvalho - 2011.pdf: 1042672 bytes, checksum: 082e2b55f6dc68915badc36fa48641ad (MD5) license_rdf: 23148 bytes, checksum: 9da0b6dfac957114c6a7714714b86306 (MD5) / Made available in DSpace on 2015-03-24T15:29:45Z (GMT). No. of bitstreams: 2 Dissertação - Adriana Assis Carvalho - 2011.pdf: 1042672 bytes, checksum: 082e2b55f6dc68915badc36fa48641ad (MD5) license_rdf: 23148 bytes, checksum: 9da0b6dfac957114c6a7714714b86306 (MD5) Previous issue date: 2011-04-20 / The young child is able to cooperate with dental treatment when it does not involve invasive procedures, otherwise, it becomes necessary to apply a behavioral intervention. Advanced methods of behavior management, such as passive restraint, sedation and general anesthesia, have been proposed for this attendance. In literature, the effectiveness of these techniques is similar, but the acceptance of each of the methods by parents is varied, being necessary to obtain written consent before the application of this technique indicated. Based on these observations, this study aimed to understand the mothers' perceptions about the advanced techniques of behavior management used in pediatric dentistry and how mothers behave before the randomization process when it comes to the method of driving behavior to be applied to your child's dental rehabilitation. This qualitative research, we interviewed mothers of children under three years of age who would receive dental treatment under one of the techniques, using a semi-structured and voice recording. After interviews, they were transcribed in Microsoft Word file. We conducted its analysis by content analysis, after carefully reading the files. Among concerns of mothers were created four technical thematic categories: "prior knowledge of protective stabilization, sedation and general anesthesia," "understanding mother on the techniques," "maternal perception on techniques" and "choice of technique for the mother ". Most mothers did not know the management techniques used in pediatric dentistry. However, after reading the consent form, the majority demonstrated understanding of the techniques. The protective stabilization was considered a safe technique, however, it was the most rejected, because they believe that it causes distress to the child. In relation to general anesthesia, although the fear of the procedure was considered, it was the most accepted due to dental treatment be done in one session. The advantage of sedation for the mothers was related to its amnesic effect, and that their children would be calmer. In relation to informed consent and randomization process was checked by a misunderstanding of the mothers on the stages of research and found some mixed feelings permeated vulnerability (powerlessness, fear and pressure) and optimism (faith in God) since the objective was to completion of dental treatment for their children. / A criança pequena é capaz de colaborar com o tratamento dentário quando este não envolve procedimentos invasivos, caso contrário, torna-se necessário aplicar alguma intervenção comportamental. Técnicas avançadas de condução do comportamento tais como estabilização protetora, sedação e anestesia geral, têm sido propostas durante esse atendimento. Na literatura, a eficácia dessas técnicas é variável, entretanto, a aceitação de cada uma delas por parte dos pais é pouco investigada. Baseado nessas observações, este trabalho teve como objetivo compreender a percepção materna sobre as técnicas avançadas de condução do comportamento utilizadas na odontopediatria e como as mães se comportam diante do processo de randomização quando se trata do método de condução do comportamento a ser aplicado em seu filho na reabilitação dentária. Nesta pesquisa qualitativa, entrevistamos mães de crianças menores de três anos de idade que iriam receber tratamento odontológico sob uma das técnicas, por meio de um roteiro semi-estruturado e gravação de voz. Após as entrevistas, transcrevemos as respostas em arquivo Microsoft Word. Procedemos a análise por meio de análise de conteúdo, modalidade temática, após leitura exaustiva dos arquivos. Destacamos dentre as falas das mães referentes à observação das técnicas quatro categorias temáticas: ―conhecimento prévio da estabilização protetora, sedação e anestesia geral‖, ―compreensão materna sobre as técnicas‖, ―percepção materna sobre as técnicas‖ e ―escolha da técnica pela mãe‖. Observamos que a maioria das mães não conhecia as técnicas de condução do comportamento utilizadas na odontopediatria. Entretanto, após a leitura do Termo de Consentimento, a maioria demonstrou compreendê-las. As mães consideraram a estabilização protetora uma técnica segura, no entanto, foi a mais rejeitada, por acreditarem que cause sofrimento à criança. A opinião das mães sobre a anestesia geral foi que, apesar de temerem o procedimento, aceitavam-no em função de possibilitar a realização do tratamento odontológico em sessão única. A vantagem da sedação para as mães estava relacionada a seu efeito amnésico e à chance de seus filhos ficarem mais calmos. Em relação ao consentimento informado e o processo de randomização, verificamos uma má compreensão por parte das mães sobre as fases da pesquisa e encontramos diferentes sentimentos permeados de vulnerabilidade (impotência, medo e pressão) e otimismo (fé em Deus), já que o objetivo maior de sua participação na pesquisa era a realização e conclusão do tratamento odontológico de seus filhos.

O presente trabalho construiu-se a partir dos novos paradigmas que permeiam a relação médico-paciente. Se o profissional não mais se encontra em uma posição de superioridade (ao menos do ponto de vista fático) em face de seu paciente, que por sua vez está mais sensível em virtude das transformações oriundas da sociedade de massa, o elemento informação ganhou contornos importantíssimos, inserindo-se no núcleo principal da prestação, ao lado dos cuidados relativos à saúde propriamente ditos. Nesse contexto, foi proposta uma nova visão do dever de informar na relação médico-paciente, tratando a informação como uma obrigação autônoma, que gera de per se em caso de ausência ou vício responsabilização civil. A reparação, em tal perspectiva, surge a partir da violação do direito à liberdade: se a autodeterminação é um atributo da personalidade do paciente, a afronta a esse direito acarreta danos indenizáveis. Os limites do dever de informar, assim, desempenham relevante papel, pois demarcam a tênue linha que distingue a informação viciada (que ensejará responsabilização civil) daquela transmitida diligentemente. Assim, o conteúdo e a extensão da informação foram abordados, confrontando-se aspectos subjetivos, objetivos e buscando uma solução ao mesmo tempo viável (do ponto de vista prático), jurídica e justa. Como o trabalho trata essencialmente do dever de informar na relação médico-paciente e das consequências jurídicas derivadas do inadimplemento dessa obrigação, foram destrinchados todos os elementos que compõem esse complexo vínculo, passando por sua evolução histórica, pelos princípios, valores e direitos que permeiam e iluminam esta relação e, finalmente, pelos sujeitos que a compõem. Aspectos processuais atinentes à prova do cumprimento do dever de informação foram, ainda, examinados. Diversas questões polêmicas, tais como recusa de tratamento, direito a não saber, privilégio terapêutico, dentre outros, foram também debatidos. / This study is based on the new paradigms that permeate the doctor-patient relationship. If the medical professional no longer holds a superior position (at least from the factual point of view) vis a vis the patient who, on the other hand, is more aware to changes originating from doctor-patient relationship in the mass society, information availability has gained highly important contours, inserting itself into the core of services rendered, together with health care services themselves. In this context, this study proposes a new vision of the duty to inform in a doctor-patient relationship, treating information as an autonomous obligation, that, per se, results in liability in the case of its absence or flaws. The compensation, in such perspective, arises from breach of the right to autonomous choice: if self-determination is a characteristic of the patients personality, the disrespect of this right results in damages subject to indemnification. Therefore, the limits of the duty to inform perform a relevant role since they demarcate the fine line that distinguishes flawed information (that can incur liabilities) from that transmitted diligently. Thus, the contents and the extension of the information were addressed, comparing subjective and objective aspects and seeking a solution at the same time viable (from the practical viewpoint), legal and just. Since this study essentially deals with the duty to inform in the doctorpatient relationship and of the legal consequences derived from noncompliance of this duty, all factors that compose this complex link were carefully examined, reviewing its historical evolution, the principles, values and rights that permeate and elucidate this relationship and, finally, the parties involved. Legal evidential procedures related to fulfillment of the duty to inform were also examined. Various controversial topics such as the refusal to undergo treatment, the right to not be informed, therapeutic privilege, among others, were also discussed.

This thesis deals with political representation in EU multi-level governance. The European Union and its political system is quite complex, due to its unusual and multi-level governance. It has gained the reputation of capturing professionalism, and conforming to elite governance to a point where it is seen as an elite political game. The thesis wish to examine the European political system, and ask the questions, how important is the degree of consent between the political elite and the public in the European Union? Does it necessarily have an effect on the system of political representation as such, and if is does, does it influence legitimacy? Or in other terms, is it necessary for a degree of consent between the political elite and the public for political representation and legitimacy? The European Union has a tendancy to gain critique for its focus on professionalism and elitism, and I wish therefore to state that it is important to generate an evident relationship between political representation and legitimacy in EU multi-level governance. It is necessesary to create a functioning relationship between the political elite and the public, but it does not necessarily mean that it influence political representation and legitimacy. It is important to view the opportunities for political representation and legitimacy in a situation such as this. The degree of consent is not to create an impossibility for sufficient political representation and legitimacy in the European Union, is it?

Over time, news about Africa has not been encouraging, whether in relation to poverty; incessant and sporadic conflicts; ineffective leadership; or in relation to the failure of the continent to develop in spite of the vast natural resources with which it is endowed. The failure of good governance in Africa epitomises the plight of the continent, and is the result of many factors including; diverse ethnic divisions across the continent, imposition of foreign systems through colonialisation, to name a few. This thesis also identifies an important factor which is the challenge to the rule of law on the continent. For the rule of law to be established in a society, the law first has to be an integral part of the society, and has to be legitimate, and internalised by the society. For laws and the law-making processes to be legitimate, there needs to be the consent and participation of the people which the law seeks to bind. This is lacking in most African countries where laws are often vestiges of the colonial era, and where the post-colonial law-making mechanisms have not induced confidence. These situations have led to a deficit in the legitimacy of the law in Africa, and the inability of such laws to structure and govern the people; because the people have more often than not been excluded from the law-making process, nor given their consent to be bound by the laws. The resultant effect of these realities is that the laws generally lack legitimacy and are adhered to only when sanctions are attached. This thesis investigates the Constitution as the foundational law in two former British colonies in Africa, namely Nigeria and South Africa and in particular, the way in which it is made; the resultant legitimacy, and the effects on the peoples’ response and interaction with the law. This is in order to draw a nexus between the lack of legitimacy of laws in Africa (as evidenced in the constitution making processes), and the challenges faced by the rule of law on the continent, using the cases of Nigeria and South Africa. / Thesis (LLD)--University of Pretoria, 2011. / Public Law / unrestricted

This study sought to establish gender perceptual differences and their effects on the implementation of Policy in the prevention of HIV/AIDS in Makoni District, Zimbabwe. The role of women as caregivers to HIV/AIDS sufferers is also highlighted and how this has deprived them towards social, political and economic development. The source of the data used was the World Health Organisation (WHO) project on Family Planning and AIDS. The sample of the study comprised of 100 men and women from Makoni District, Zimbabwe. In addition to the survey question, focus group discussions (FGDs) were conducted. The FGD data complimented the survey results with qualitative information. The objectives of the study looked at people’s attitudes, cultural practices and sexual practices. These were analysed to determine how the gender issues within them affected the HIV/AIDS prevention strategies. The five major prevention strategies focused on in this study are: · promotion of condom use; · reduction of the number of sexual partners; · sticking to one sexual partner; · control and Treatment of Sexually Transmitted Diseases (STDs); and · Voluntary Counseling and Testing (VCT) for HIV to prevent vertical transmission of the disease. Although, the majority of the women indicated that it was acceptable for a married woman to ask her husband to use condoms, this was disputed by the findings from the FGDs. Issues of trust and fidelity were raised,but many men and women reported that they were not prepared to confront one another. The FGD results revealed that the men assert that it is normal for every man to have extra marital relationships, therefore they do not see anything wrong with it. It also came out that there are women who both have no income or partner to support them financially and are living in absolute poverty. These women, if anything, are more likely to increase the number of their sexual partners than reduce them so that they increase their economic base inorder to support their families. It has been established that for effective treatment and control of STDs, there is need for both partners to cooperate and seek treatment at the same time. However, the findings from this study revealed that lack of communication between sexual partners hampered the treatment of these diseases. On the other hand, the men indicated that talking to their wives about STDs would compel them to say where they got it. On the other hand the women reported that their men would accuse them of infidelity if they told them of an STD. FGD results however revealed that men and women were prepared to have HIV testing so that they would know of their status before planning a family. The gender perceptual differences on HIV/AIDS prevention have been identified as follows: · the need for male compliance to use condoms effectively; · the fear of losing trust by suggesting condom use; and · acceptance of male promiscuity by society that perpetuates that risky behaviour and exposure to HIV/AIDS infection and lack of communication between sexual partners, are a hindrance for effective control and treatment of STDs.

Coach-athlete sexual relationships (CASR) and sexual harassment and abuse (SHA) in sport can profoundly impact athletes’ welfare and performance. Yet, it is often ignored due to sensitivity, secrecy, and lack of knowledge. There is no previous research on SHA in sport in Sweden, and legal, consensual, same-sex CASR is under-researched. The overall purpose of this doctoral thesis is to examine CASR in competitive sport in Sweden. More specifically: a) athletes’ experiences of CASR; b) prevalence of SHA in coach-athlete relationships; c) conceptual and theoretical issues to broaden the understanding of CASR and SHA, will be examined. Survey methodology is employed in Article I to explore the prevalence of SHA, coach-athlete relationship factors, and association between relationship factors and SHA. A random sample of current and former male and female Swedish athletes (n=477) aged 25 participated. Article II outlines critical issues of CASR, and theories and conceptualisations of romantic love, sexual consent, and female athlete sexual agency is further developed in the thesis research summary. Drawing on interviews with five female elite athletes aged 23-30, experiences of CASR are analysed in-depth using discourse analyses in Article III and narrative case study design in Article IV. Results show that athletes’ experiences of CASR are positively and negatively diverse but potentially problematic because boundary ambiguity, secrecy, and isolation are common. Social and ethical dilemmas may also occur because CASR intersect contrasting discourses regarding elite sport, coach–athlete relationships, and romantic love. Moreover, CASR integrate professional and private contexts in which equality and power deviate. The research illustrates empirically and theoretically how female elite athletes exercise agency and recognise consensual, mutually desired CASR where romantic love is priority. However, sexual consent can be ambivalent rather than a mutually exclusive yes/no dualism. Socially, consent is a process of negotiation informed by contextual factors, sexual agency, and social structure. In addition, 5.5% prevalence of SHA perpetrated by male coaches is reported, distributed throughout the sampled athletes’ gender, age, sport performance levels, and individual/team sports in the sample. In conclusion, this thesis expands knowledge of athletes’ experiences of love, sexual consent, and abuse in CASR. Previous evidence of SHA in sport is confirmed to include sport in Sweden. Implications for sport and sport sciences are offered.

L’assistance dans l’élaboration d’un acte juridique est une technique ancienne à laquelle le législateur continue aujourd’hui d’avoir recours. Pourtant, elle semble susciter peu d’intérêt, de sorte que la légimité de son existence peut être mise en doute. L’objet de cette démonstration est donc de comprendre ce phénomène d’assistance afin de savoir s’il renvoie à une institution singulière et autonome. Apparaissant sous une double forme à l’occasion de la formation d’un acte juridique, l’assistance peut être tantôt “habilitante”, tantôt “facilitante”. Si ce dualisme est utile dans la détermination du régime, il est avant tout, sur le plan notionnel, source de confusion. Dans tous les cas, l’assistance affiche toutefois une unité substantielle. Caractérisée comme un “être avec” et un “agir avec”, l’assistance est une technique de protection intermédiaire refusant toute substitution qui consiste pour l’assistant à être aux côtés de l’assisté afin de l’aider à exprimer une volonté en conformité avec ses intérêts. Ce phénomène se doit par conséquent d’obéir à des règles clairement identifiées, ce qui n’est pas toujours le cas à ce jour. Tout en mettant en évidence le droit positif, cette étude se propose donc d’apporter certaines précisions dans le fonctionnement de l’assistance envisagé à la fois dans la seule relation établie entre les deux principaux protagonistes, mais aussi au-delà. Si l’assistance se déploie entre l’assisté et l’assistant, elle rayonne nécessairement sur l’acte juridique ainsi passé et sur des tiers à la relation d’assistance. / Assistance is a method that the legislator has had recourse to for long in the drafting of a legal transaction and it still does nowadays. However, it seems to arouse so few interest that the legitimacy of its existence may be doubted. The purpose of this demonstration therefore is to understand this practice and determine whether it can be considered as a singular and autonomous institution or not. Assistance can play two parts during the drafting of a legal transaction, sometimes as an “enabler”, sometimes as a “facilitator”. While this duality proves to be useful in the determination of the regime, it mostly brings a lexical confusion. In any case though, assistance conveys a substantial unity. Both defined as “being with” and “acting with”, assistance is an intermediary protection technique that excludes any kind of substitution and consists, for the designated assistant, in standing by the assisted to help him to state a will in accordance with his interests. As a consequence, it has to comply with clearly identified rules, which is, to date, not necessarily the case. Whilst presenting the positive law, this study aims at clarifying the functioning of assistance, both taken as the relationship established between the two main protagonists and beyond. Although assistance mainly concerns the assistant and the assisted, it inevitably has an impact on the legal transaction concluded thereby and the related third parties.

To be able to provide data collecting services to customers, service provides are required by law to design privacy policies and present their content to users as privacy notices that informs the user on privacy consequences and demonstrate that an explicit informed consent of the user has been collected before processing of the data. However, despite the increase in data collection by services and hence increase of privacy impact, yet privacy notices do not implement proper mechanisms that can assure that data subjects are well informed and their consent are provided with comprehension. The root of this problem is the fact that typically only theoretical description of what consent is and what it involves is offered by existing literature but no “practical” design guides are available for decision makers and practitioners on how to effectively integrate a targeted consent level in privacy notices. This thesis work addresses the need for explicit integration of consent in privacy notice designs by presenting the Extended Privacy Notice Design Space (XPNDS) construct that guides on explicitly incorporating different levels of consent in privacy notices. This thesis uses theories of eye movement in reading and technical references from computer vision for comprehension and attention determination to prove the feasibility of integrating higher level of consent in the design space that may guide to assured informed consent. The construct can be used by managers to communicate, practitioners to design, and regulators to analyze informed consent incorporation in privacy notice designs. Unlike most works available in the literature on consent which only provide theoretical opinion of what informed consent is, this work cast the conceptual consent guidelines in to a practical privacy notice design space to provide an XPNDS that guides to the practicality of achieving assured informed consent in privacy notices. It is the hope of the author that the XPNDS will be useful to both practitioners and academicians in incorporating informed consent in privacy notice designs to an assured level. / <p>Validerat; 20160622 (global_studentproject_submitter)</p>

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