Text in English / Health Studies / M.A. (Nursing Science)

Made available in DSpace on 2016-04-26T20:25:22Z (GMT). No. of bitstreams: 1 Gabriela R Fernandes.pdf: 252521 bytes, checksum: 4c9807c37b8072dc5cd6e4f25b4be548 (MD5) Previous issue date: 2007-04-27 / This paper aims at analyzing the application of ethical principles to collective labor negotiations within the scope of Brazilian Law. This study is sustained by the relevance of collective labor negotiations taking place in Brazilian Law, especially as a method of self-settlement , where loyalty and transparency are the picture of the true exercise of negotiation practice, under pain of causing its instrumentality to be faulty. We believe this is an extremely important matter, particularly in view of Brazil s current social-political situation; and considering that Labor Law is a branch of the law that studies social relationships, we, as legal practitioners, are expected to identify the problems and take them to society, in order to demonstrate the relevance of ethics amongst labor collective negotiations. We perceive a current tendency towards the breaching of the ethical-social paradigms, and to the creating of new rules labeled ethics , whose concepts, in fact, are substantially devoid of ethics. Therefore, a risk of a crisis involving the Federal Constitution arises. Thus, social partners must visualize the presence of ethics in a given negotiation, because the very dignity of human being imposes one party to respect the other, and therefore, one should fight against the fading away of ethical principles, which should be increasingly valued. Therefore, and considering that ethics is a legal, universal, mandatory and self-applicable principle, it must be applied, more specifically, to the collective negotiation. And more: it must be enforced by the Judiciary under the penalties provided for by the Brazilian legal system. We will see that, in the event there is no better solution to the dispute, the nullity of the instrument must be declared, since it lacks the legality needed pursuant to the ethical principle, provided for by the Brazilian legal system. This is where the consequences of the faulty juridical act result from, and thus we are to apply the ethical autonomous principle, even though we do it through the applicable procedural remedies, and thus sustaining, once again, the matter of this present study. The subject approached in this paper focuses first the study of ethics within the legal system, and only afterwards we analyze the principles applicable to collective negotiation in view of the systems theory, therefore giving grounds to the adoption of the ethical principle to the collective labor law. We will also make use of contemporary sociological studies, in order to sustain the feasibility of inserting a general principle into the collective labor law, and, through the current legal theory and case law, we will examine the subsidiary adoption of civil law in order to apply the consequences brought up by the act that is a nullity, since exercised without ethical principles. The theory of legal argumentation shall analyze the legal system as an open set of norms and principles that, after information is processed through catalysis, will permit the absorption of ethics as a mandatory rule of conduct. Thus, within the open system where collective labor law is inserted, we will study the absorption of substantive civil laws and the Federal Constitution itself, so as to sustain the nullity of the faulty act, and the consequences of acting in bad faith when claiming a settlement devoid of ethics / O presente trabalho tem o objetivo de estudar a aplicação da ética na negociação coletiva de trabalho no Direito Brasileiro. Justifica-se o estudo em função da importância das negociações coletivas de trabalho no Direito Brasileiro especialmente como método de autocomposição, em que a lealdade e transparência são o retrato do verdadeiro exercício da prática da negociação, sob pena de torná-la viciada em sua instrumentalidade. Entendemos ser o tema de extrema relevância em especial no atual momento sócio político brasileiro e, sendo o Direito do Trabalho uma disciplina que estuda das relações sociais, cabe a nós, operadores do direito, visualizar a problemática existente e apresentá-la à sociedade, de modo a demonstrar a importância da presença da ética nas negociações coletivas de trabalho. Visualizamos uma tendência atual no sentido de se quebrarem paradigmas éticos sociais, criando novas regras que se rotulam de ética, porém, em verdade, não há presença substancial da ética nestes conceitos. Há então o risco de uma crise na Constituição Federal (CF). É necessário que os parceiros sociais localizem a presença da ética em uma negociação, pois a própria dignidade da pessoa humana obriga o respeito à outra parte contratante, e, portanto, deve-se lutar contra o esvaziamento dos princípios éticos, ao passo que estes mesmos princípios devem ser cada vez mais valorizados. Por isso, e, considerando que a ética é um princípio de direito, universal, cogente e auto aplicável, especificamente na negociação coletiva ela deve ser aplicada, e mais, cobrada pelo Judiciário sob as penalidades previstas no ordenamento jurídico brasileiro. Veremos que, caso não haja melhor solução ao litígio, impõe-se a nulidade do instrumento, pois a ele carece a legalidade necessária pela aplicação do princípio ético, previsto no sistema jurídico brasileiro. Derivam então daí as conseqüências do ato jurídico viciado e, portanto, cumpre-nos fazer valer o princípio autônomo ético, ainda que pelos institutos processuais cabíveis, justificando-se, também, o tema escolhido para este estudo. A matéria abordada no trabalho enfoca primeiramente o estudo da ética dentro do sistema jurídico, para após serem analisados os princípios aplicáveis à negociação coletiva, diante da teoria dos sistemas, fundamentando, portanto, a aplicação do princípio ético no direito coletivo do trabalho. Utilizaremos também estudos de sociólogos contemporâneos, para fundamentar a viabilidade de inserção de um princípio geral ao direito coletivo do trabalho, e, pela doutrina e da jurisprudência atual, estudaremos a aplicação subsidiária da lei civil para a adoção de conseqüências trazidas pelo ato nulo praticado sem ética. A teoria da argumentação jurídica virá a estudar o sistema jurídico como um conjunto aberto de normas e princípios que, após catalisar informações, permitirá a absorção da ética como norma cogente de conduta. Assim, dentro do sistema aberto que é o direito coletivo do trabalho, estudaremos a absorção de leis civis substantivas e da própria Constituição Federal, de modo a fundamentar a nulidade do ato eivado de vício, e as conseqüências da má fé em postular um acordo desprovido de ética

Thesis (M. Dev.) -- University of Limpopo, 2002. / Refer to the document

Text in English / Health Studies / M.A. (Nursing Science)

In my thesis, I focused on the ethical and cultural dimension of social work, application of ethical principles and choice of attitude by a helping professional when working with a client. Subsequently, I followed changes in application of these ethical principles and changes of attitude in high-strain situations in the contact with a so-called difficult client. Further, I focused on the defence mechanisms which a helping professional chooses to cope with high-strain situations and manage his job well. In the individual chapters of the theoretical parte, by the analysis of scientific literature I described theoretical bases of the professional relationship between a social/health social worker and a klient and I focused on the realization of this relationship and on what it brings the worker in high-strain situations when working with the so-called difficult client. In the empirical part, I set one main goal to find out how social workers react on the ethical level in high-strain situations while interacting with difficult clients. Partial goals were designed to find out what ethical principles social workers apply, what attitudes they choose, which clients they consider difficult and what defence mechanisms they develop to cope with high-strain situations. To reflect these goals, I set one main research question and four partial ones. For the collection of data, I opted for the method of quantitative research and I used the questioning method in the form of a half-structured interview. I chose the set of respondents for my research by the method of simple random sampling. To process the research data, I chose the method of case study. Processing the interviews and analysing them, I found out that social workers in high-strain situations do not change their application of ethical principles. Further, I found out that the choice of attitude in high-strain situations changes and that social workers choose, instead of a partner attitude based on equality, a more or less directive stance. All of the respondents met a difficult client at work and dealing with high-strain situations causes them certain indisposition they have to cope with. The answer to the main research question is thus that on ethical level social workers react in high-strain situation by a shift in the choice of their attitude and solving ethical dilemmas. It was a hostile client that the social workers listed most frequently in the typology of clients. It became evident during the interviews what kind of defence mechanisms social workers choose to be able to cope with high-strain situations. The thesis may provide information to the general public and experts.

The topic of this thesis is the Transformation of Czech Radio after the Introduction of Web 2.0. The research was carried out from the Czech Radio employees (working on both Prague or regional stations) point of view, who have had experience working at Czech Radio before and after the advent of Web 2.0. The subjects of the research questions were: adaptation of employees, the impact of changes on the content of broadcasting and ethical principles and finally, their general consequences on Czech Radio in the digital age. The answers to the presented questions were then explained in the practical part of the thesis by a qualitative research using the method of semi-structured interviews and the method of grounded theory for the subsequent analysis of the collected data. The analysis of the data shows that changes could not have taken place without the employees who set them in motion. Within the changes associated with the new communication environment of Web 2.0, feedback plays a important role. It affects Czech Radio employees who use it to influence changes in content, changes in its presentation and partly on its topics. The adaptation process differed at the level of positions. The position of web editors played an important role in the adaptation of other members.

The topic of the present thesis is professional ethics in interpreting. The thesis consists of two main parts - a theoretical part and empirical research. The theoretical part first defines ethics in terms of philosophy and introduces some key subject- related concepts. Subsequently, it focuses on professional ethics and characterizes the main documents that set out desirable standards of conduct within a certain profession - codes of ethics and codes of conduct. This general introduction is then followed by an overview of research into ethics in interpreting studies, and a brief outline of the history of codes of ethics for interpreters. The following chapters discuss ethical challenges in different interpreting settings and briefly introduce major Czech and foreign professional organizations of interpreters. The core of the theoretical part compares ten selected codes of ethics of different Czech and international professional interpreters organizations; based on this comparison, basic rights and obligations of interpreters are identified and further analysed in the empirical part. The empirical part of the thesis presents and discusses the results of a questionnaire survey focusing on selected topics of interpreting ethics discussed in the theoretical part. The aim of the survey, which was...

Ce travail essaie d’identifier les enjeux rencontrés dans la pratique de la psychiatrie et de proposer des repères susceptibles d’éclairer une réflexion dans une perspective éthique. Dans une première partie, nous questionnons la démarche de la psychothérapie institutionnelle, mouvement humaniste d’ouverture des hôpitaux et de prise en considération du sujet, à la lumière des concepts de l’éthique médicale ; en retour nous tentons d’interpréter les principes éthiques dans le domaine de la psychiatrie. Cette approche met l’accent sur l’expérience vécue de la maladie, l’intersubjectivité et le contexte institutionnel. Dans un second temps, une étude par entretiens semi-directifs réalisée auprès de 12 psychiatres hospitaliers révèle que les pratiques collectives sont peu orientées vers la responsabilisation des patients. La troisième partie se situe du côté des personnes hospitalisées à travers deux enquêtes. Une étude qualitative explore la perception de l’isolement de 30 patients : prédominent des affects négatifs et un vécu de privation d’information. Ensuite, une enquête par questionnaire saisit l’opinion de 169 patients sur le déroulement et les effets du séjour hospitalier ; leur appréciation s’avère majoritairement favorable. La confrontation des points de vue des psychiatres et des personnes hospitalisées, à l’aune des trois principes fondamentaux, révèle la primauté d’une dimension bienveillante, à l’exclusion parfois de l’autonomie et de la non-malfaisance. La dimension éthique du soin doit être sans cesse interrogée et réaffirmée. A cet effet, nous discutons de la pertinence d’un outil de questionnement des pratiques qui validerait le point de vue des patients. / This work tries to identify the issues encountered in the practice of psychiatry, and to propose reference points likely to clarify thinking from an ethical perspective. We initially examined institutional psycho-therapy, an open and humanistic movement of hospitals, and deliberated the topic in light of ethical medical concepts ; in return, we hoped to interpret ethical principles in the field of psychiatry. This approach placed the accent on the experience inherent in the illness, inter-subjectivity and the institutional context. Secondly, a study conducted via semi-directed discussions among 12 hospital psychiatrists revealed that collective practices are not oriented towards the accountability of patients. The third part dealt with two surveys of hospitalized people. A qualitative study explored the perception of seclusion by 30 patients : they predominantly show negative affects and an experience of being deprived of information. Then, a questionnaire survey showed the opinion of 169 patients on the procedure and effects of a hospital stay ; their rating was over-whelmingly favourable. The confrontation of opinions by psychiatrists and hospitalized patients, compared with the three fundamental principles, revealed the primacy of a benevolent dimension, to the exclusion at times of autonomy and non-maleficence. The ethical dimension of care must continue to be queried and re-asserted unceasingly. To this end, we will continue to discuss and interrogate the pertinence of a questioning tool of practices that would validate the patient’s viewpoints.

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Ethics was identified by the Ethiopian government as one of the areas requiring attention and was made an integral part of the ongoing Civil Service Reform Program since 1996. Despite the reform efforts that have been going on for about two decades, no rigorous academic and empirical research has been conducted to understand the nature and depth of the problems. Moreover, the theoretical discourses in the general literature and the national efforts made by the government and its development partners also emphasize on the structural and procedural issues of ethics, giving little focus to the behavioural components or dimensions of ethics of civil servants. The purpose of this study was to investigate and critically analyse the nature and dynamics of work ethics in the Ethiopian civil service; and to assess the ethical environment within which the public sector operates in the country. Mixed research method was applied. Questionnaires were used to collect primary quantitative data from two groups of research participants – civil servants and the service users; whereas primary qualitative data were collected employing in-depth interviews from managers and key experts in the field. Data from secondary sources were also used. The quantitative data were analysed using descriptive analysis. The qualitative ones were analysed using the qualitative data analysis technique with the emphasis on the phenomenological approach. The study showed that there is clearly growing awareness of ethical challenges within the civil service, though a fundamental change in the ethical conduct of the employees is not yet realized. It is also found out that there is no problem of legislation and policy frameworks; rather the problem lies in the weak implementation and enforcement of them. Leadership behaviour, absence of strong institutions, poor accountability system, poor remuneration and politicization of the civil service were identified as the biggest challenges to foster ethical conduct. Accordingly, it is suggested that the government play a key role in addressing the problems that hamper the effective implementation of the reform efforts. Other stakeholders such as the civic society organizations, religious institutions, the private sector, schools and the general public should also work closely with the government. Ensuring ethical conduct requires synergy of all actors, ranging from ordinary citizens to high-level decision-making bodies. / Business Management / D.B.L.