scholarly journals Layering Rights: The Case of Disability Policies in France (2006-2016)

2017 ◽  
Vol 17 (1) ◽  
pp. 117-131 ◽  
Author(s):  
Pierre-Yves Baudot

In France, public policies in the field of disability was transformed by the law in 11 February 2005 on ‘Equal Rights and Opportunities, Participation, and Citizenship of People with Disabilities’. The law was framed as the introduction in France of the international ‘social model of disability’, in order to combat discrimination. Yet international references in parliamentary debates leading to the adoption of this law were all but absent. How do we explain this paradox? This article aims to answer this question by showing how the newly introduced measures reflected the needs of different stakeholders involved in this public policy to maintain their positions and reform their mutual agreements. This transfer was not characterised by a thorough rethinking of the public policy subsystem, but rather resulted in layering of new rights on top of old frameworks. How then did the organisations promoting these measures manage to implement public policies despite clear contradictions between old and new goals? This article suggests that the organisational regulation of political conflict (conflict avoidance and circumvention of obstacles) and the safeguarding of embedded interests (by limiting possibilities for compromise and administrative obstruction of legal disputes) played a decisive role in this process.

Author(s):  
Federico VAZ ◽  
Sharon PRENDEVILLE

Described as units developing public policies in a design-oriented manner, Policy Labs are tasked to innovate to gain in policy effectiveness and efficiency. However, as public policymaking is a context-dependent activity, the way in which these novel organisations operate significantly differs. This study discusses the emergence of design approaches for policy innovation. The purpose is to map how Policy Labs in Europe introduce design approaches at distinct stages of the policymaking cycle. For this study, 30 organisations in Europe operating at various levels of government were surveyed. Based on the public policymaking process model, it investigates which design methods are Policy Labs deploying to innovate public policies. The study exposed a gap in the awareness of the utilised methods' nature. It also showed that the use of design methods is of less importance than the introduction of design mindsets for public policy innovation, namely ‘user-centredness’, ‘co-creation’, and ‘exploration’.


2018 ◽  
Vol 34 (61) ◽  
Author(s):  
Adriana María Arroyave Puerta ◽  
Flor Ángela Marulanda Valencia

Nowadays, several mega-trends capture the attention of governments, academia and the public in general given their implications for the quality of life and the development of nations. This work deals with two of them: entrepreneurship and environmental protection, as a result of research aimed at analyzing the processes, actors and results of the “Entrepreneurship for Life” Program led by the Valle de Aburrá Metropolitan Area, executed during the period from 2012 to 2015, in order to contribute to the improvement of public policies on eco-entrepreneurship. The methodology of the Synergy System1, applied by the Colombian Government, was used to appraise public policies. The required information was collected through in-depth interviews with the creator of the program, the entrepreneurs who benefited from it, officials of the entities involved and experts. Then, it was complemented by the analysis of documents such as minutes, reports and other sources. Among other results, it was evident that, although the public policy on environmental entrepreneurship is still incipient, the evaluated Program met the objectives for which it was created.


Author(s):  
E. Loukis ◽  
Alexandros Xenakis

Parliaments possess huge amounts of valuable knowledge on public policies which concerns social needs, problems, and interventions for addressing them. This knowledge is highly useful to other parliaments and also to government agencies of various layers. However, this valuable knowledge is hidden in numerous text documents so that it cannot be efficiently exchanged and exploited. In this regard, it is highly important to extend the concept of interoperability among information systems (IS) of Parliaments and Government Agencies so that it covers not only the ‘operational level’, but also the ‘knowledge level’. This paper presents a methodology for achieving higher level interoperability among IS of parliaments and government agencies with respect to the exchange of public policy related knowledge. It is based on the use of the complex problems representation ontology provided by the ‘Issue-Based Information Systems’ (IBIS) framework for codifying public policy related knowledge. An application of the proposed methodology is presented for the case of the law on the ‘Contracts of Voluntary Cohabitation’, which has been recently passed by the Greek Parliament. The evaluation of this application gave encouraging conclusions as to the usefulness of this methodology and resulted in the development of a refinement of the IBIS ontology.


2015 ◽  
Vol 3 (3-4) ◽  
pp. 358-393
Author(s):  
Bruno Irion Coletto ◽  
Pedro Da Silva Moreira

The right to healthcare in Brazil is seriously protected by the courts. Judicialization of everyday implementation of this public policy is a fact. One explanation may be provided by the way judges understand the effectiveness of this right. People hold subjective right to individualized healthcare benefits, and so they hold standing to sue the state in order to achieve it, regardless any consideration of public policies. Through an analysis of the jurisprudence on this issue, this paper aims to provide a critical understanding not just about what is actually happening in Brazilian courts regarding healthcare, but also to criticize it. The conclusion is that a “strong” conception of constitutionalism and fundamental rights may revel itself as “weak,” from the standpoint of general equality. Judicialization ends up empting the public debate, leading the task of solving the distribution of scarce resources to a “gowned aristocracy.” 


2020 ◽  
Vol 1 (2) ◽  
pp. 253-267
Author(s):  
Mastura Mastura ◽  
Said Sampara ◽  
Nurul Qamar

Penelitian bertujuan untuk menganalisis dari putusan Mahkamah Konstitusi Nomor 56/PUU-XVII/2019 terhadap hak mantan narapidana menjadi calon kepala daerah. Penelitian ini adalah meggunakan tipe penelitian Hukum Normatif. Hasil penelitian ini menyimpulkan bahwa: 1) pertimbangan hukum majelis hakim dalam Putusan mahkamah Konstitusi Nomor: 56/PUU-XVII2019 untuk menjadi calon kepala daerah dengan syarat setelah mejalani masa tunggu selama 5 tahun sejak di bebaskan serta terbuka dan jujur mengemukakan kepada publik bahwa yang bersangkutan mantan narapidana. Atas dasar itu Mahkamah Konstitusi memberikan hak kepada mantan narapidana untuk mencalonkan diri menjadi kepala daerah. 2) hak mantan narapiana untuk mencalonkan diri dalam pemilihan kepala daerah dalam putusan MK telah mengembalikkan hak-hak mantan narapidana yakni hak untuk ikut berpartipasi dalam politik dan hak yang sama dihadapan hukum. The research aims to analyze the decision of the Constitutional Court Number 56 / PUU-XVII / 2019 on the rights of ex-convicts to become candidates for regional head. This research is to use the Normative Law research type. The results of this study conclude that: 1) the legal considerations of the panel of judges in the Constitutional Court Decision Number: 56 / PUU-XVII2019 to become a candidate for regional head with the conditions after undergoing a waiting period of 5 years since being released and openly and honestly telling the public that the person concerned ex-convict. On that basis, the Constitutional Court gives the right to ex-convicts to run for regional head. 2) The right of former prisoners to run for regional head elections in the Constitutional Court decision has restored the rights of former prisoners, namely the right to participate in politics and equal rights before the law.


2019 ◽  
Author(s):  
Sorush Niknamian

The purpose of this study is to design a model to investigate the role of the Individuals making public policies in the implementation of the administrative system health policy. Two questionnaire has been used in the current study: One whose main aim was to investigate the actors making public policy with 51 questions and Cronbach Alpha 0.93, and the other one in the administrative system health policy with 74 questions and Cronbach Alpha 0.95. To be assured with regard to the validity of the questionnaires content and construct validities were estimated. The statistical population of the current study were 86643 employers of the executive organizations of the Khuzestan province, Iran. The final sample of the study was 382 individuals based on Cochran. Data analysis was done by using SPSS 22 and Amos 22. The results of the current study revealed that the factors making the public policy included 13 factors in which the most average was for mass media (7.64) and the least was the powerful elites with the mean of (5.64). The health administrative policies included 14 policies, all of them were at significant point except the policies of eleventh to thirteenth of the fifth book “Islamic Panel Code”, the law of banning more than on job, and the principles of prevention and fighting against bribe. The results also showed that there was a statistically significant relationship between the factors making public policy and those of administrative health policy.


2019 ◽  
Vol 9 (2) ◽  
pp. 173
Author(s):  
Andre C. S. Batalhao ◽  
Denilson Teixeira ◽  
Maria de Fatima Martins ◽  
Hans Michael van Bellen ◽  
Adriana Cristina Ferreira Caldana

Sustainability is a topic that has gained importance in several fields of knowledge, including the public, private and society spheres, based on the discussions that involve the definition of several public policies. Sustainability Indicators (SI) are metrics that seek to measure the level of sustainability and compile information for better decision-making concerning policies, programs, projects and actions related to sustainability. Demonstrated their relevance to public policies the SI appears as an essential tool for evaluating development goals as a sustainable proposal. In this way, this research aimed to discuss the main challenges and methodological limitations found in the use of SI, emphasizing the main fragilities identified in the literature. In methodological terms, the research has exploratory characteristics, supported by the mixed methods approach using a theoretical-empirical analysis, from the available literature on the subject and the methodologies used and the experience of researchers about the topic addressed. The main results demonstrated that Sustainability Indicators are tools that should be used to define, implement, evaluate and monitor public policies at all levels, considering the potentialities/weaknesses and priorities of each context.


2018 ◽  
Author(s):  
Caroline Pauletto Spanhol-Finocchio ◽  
Mariana De Freitas Dewes ◽  
Giana De Vargas Mores ◽  
Homero Dewes

BACKGROUND Obesity has become a health problem worldwide, determined by multiple and complex factors, and face to this challenge, governments have played central role in combating its rise. Considering this fact, public policies are introduced or enacted for the benefit of whole populations, taking into account the prospective of multiverse social stakeholders based on solid scientific fundamentals. In an eventual evaluation of a proposed or enforced public policy it can be relevant to explicit the scientific roots of its directives. OBJECTIVE The aim of this study was to examine obesity-related policies in all US states and District of Columbia, in order to understand their scientific basis. METHODS We analyzed the public policies, as implemented in the United States, in the time window when this health-related trend was a major governmental concern. In total, 1,592 policies related to obesity were selected and analyzed through text mining technique. RESULTS The multidisciplinary area was predominant in the documents analyzed (33.5%), followed by Health Sciences (28.5%), Social Sciences (20.7%), Life Sciences (15.1%) and Physical Sciences (2.2%). Besides, throughout the country most policies were community oriented and many of them were related to school and family environments, early care and education, hospitals and workplaces. CONCLUSIONS The content of public policies analyzed have elements of science with predominance of multidisciplinary area. This results provide evidence of how science and public policy are interrelated. In the same time, it can drive government decisions related to investments on science.


Servis plus ◽  
10.12737/5531 ◽  
2014 ◽  
Vol 8 (3) ◽  
pp. 4-10
Author(s):  
Екатерина Жимаева ◽  
Ekaterina Zhimaeva

The article is devoted to an analysis of health-impaired children social integration. The author identifies six major stages in the development of a society’s attitude towards disability as a problem and disables children as a distinct social group: from absolute rejection and even destruction of health-impaired persons to public recognition of equal rights irrespective of health conditions. In the article, the author compares Russian and European experience in health-impaired-people-targeted aid-provision and concludes that Russian experience is significantly different from that of Europe, where aid programmes were informed by the goals and aims of the state. By mid-20th century, European society had come to a realization of health-impaired people’s social equality and begun to develop a social model of disability, the underlying premise of which was active social assistance provided for persons with special needs in the course of their socialization. The predominant attitude in Russia was characterized by plaintive compassion and pity, which shaped the support/aid model as initially grounded in private charity and, later, state provision. By the end of the 20th century, due to global socio-economic reforms, a social model of disability came to be created in Russia. However, legal deficiencies, fund and qualified personnel shortages, as well as the negative stereotypes have so far been challenging the development of the model. As a conclusion, the author insists that the adaptivity model currently in effect be replaced by a self-actualization model. The author provides practical recommendations concerning personnel training and re-training in the field of social follow-up of healthimpaired people.


Sign in / Sign up

Export Citation Format

Share Document