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- Should research samples reflect the diversity of the population? | Journal of Medical Ethics
In the criminal chamber, notably in the CP, some crimes receive more severe penalities when committed against members of this minority group, such as those typified by arts. In addition, there isa proper regulation at the workplace for the protection of children and adolescents. The disabled, in turn, have a specific law, number Therefore, it has a superior status when compared to the other norms of the Brazilian legal system. These laws alone already meet the five categories listed in this study. It should be noted, however, that in the criminal sphere, some crimes receive more severe penalties if they are committed against disabled persons Articles A, and In the procedural sphere, preventive detention can be performed to ensure the right of the disabled article , inc.
In the labor area, protection is guaranteed to avoid discrimination in the workplace and also encourage the employment of this minority group Finally, in the administrative sphere, the existence of vacancies in public competitions reserved for physically handicapped persons 12 and the priority in the care provided by the public service 13 stand out. The indigenous population also have their own legislation, the status of the Indian, which includes the five categories analyzed.
Some crimes are also more severely punished when committed against Indian people, such as those foreseen in arts. In the administrative sphere, Law No. The black population also have their own specific legislation, the Racial Equality Statute It contains civil, administrative and labor laws that guarantee the right of this minority. In the criminal sphere, art. In addition, the law 7.
In the labor sphere, Law 9. It applies not only to race, but to gender, origin, marital status, family situation, disability, professional rehabilitation, age among others article 1 of the law. Unlike the other categories, at federal level, the LGBT population is outside the scope of the law, in other words, there are no laws specifically ensuring the rights of this group in the five analyzed categories. Despite the existence of norms at the state level that have been observed based on the information obtained from the Ministry of Human Rights 37 , the creation of a protective law for the category falls within the federal jurisdiction that has not yet been published.
However, there have been advances in Brazil to ensure the right of stable union and marriage of this population, as well as the right to adoption, due to judicial decisions, endorsed by regulations of the National Council of Justice. However, crimes committed against the LGBT category are judged in the same way as any other, without criminal procedural prerogatives or aggravated sentences.
The absence of laws that regulate this issue often leaves decisions to the discretion of the Judge, in real disputes. This results in legal uncertainty, due to strong interpretative divergences between the magistrates. Concerning the groups under study, it is possible to conclude that there is a wide range of regulations of law that crosses the civil, criminal, administrative, labor and procedural spheres.
The only exception is the LGBT group, which has few rights regulated by legislation. Thus, legislative regulation for this group is considered weak. As for the hegemonic struggle, the minority aims to reduce hegemonic power and, as far as discursive strategies are concerned, it implies that minorities do not struggle with weapons, rather with legitimate social means, such as marches, episodic invasions, symbolic gestures, manifestos, magazines, newspapers etc.
Finally, with regard to legal and social vulnerability, since they are not institutionalized by the rules of the current juridical-social system, minorities are marginalized from institutional legitimacy and public policies. Therefore, for the author, minorities can be considered as vulnerable groups because they demand the social recognition that they lack. This is in contrast with the conclusion of this study, since minorities are not outside the law and because they have several regulated rights, although it can not be said that all the interests of these groups are legally envisaged.
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This research, therefore, is in accordance with the thinking of Sarlet 39 , who states that the great challenge of our time is not the regulation or recognition of rights, but rather their effective application in the social context. Couto and Lima 40 observed that, when a public policy presents a low degree of resilience, it should be constitutionalized, that is, it should become a constitutional law, so as to theoretically guarantee its continuity.
Hence, legalizing public policies generates stability insofar as changes in government and management cannot change them arbitrarily. For such, it is necessary to create a new law and change the former, which requires a slow and bureaucratic political process involving diverse interests and, maybe, even the interference of the Judicial Power.
Therefore, when legalized, the politics tend to bemaintained and favor the status quo. Couto and Lima 40 assert that the characteristic of stability cannot be interpreted only positively, since it can be used by economic groups to assert their interests or political preferences, regardless of governmental changes. This conclusion that does not apply to the rights of minorities, whose recognition improves the human dignity of marginalized groups without direct relationship to the interests of the holders of capital.
Therefore, the exercise of their rights has been submitted by the Judicial Power, whose intervention has peculiarities, mainly because the decisions often present a large degree of variability. Therefore, what applies to a case does not necessarily apply to another. In addition, judicial decisions, in most occasions, do not bind the public administration as a whole nor guarantee the stability of social relations.
Therefore, it is possible to redeem the full application of Sodre's understanding 38 that the LGBT group is outside the law. Although the analyzed groups are considered vulnerable, which requires special protection from the State, the legislative support given to them is not homogeneous. Therefore, in the legal sphere, these categories are discriminated, since, theoretically, everyone will be elderly, but not everyone will be, for example, members of the LGBT group.
This leads us to infer that, even in laws covering minority groups, there is the interference of the position of majority groups that dominate the political field. This evidences that research works recognize the existence of discrimination between categories. Finally, this paper aims to provide guidance to further studies that may be developed at state and city levels, and analyze the degree of mismatch between reality and the legislative forecast of minority rights.
Os Direitos das Minorias [documento na internet]. Lisboa, out. Rio de Janeiro: Forense; Rev Latino-am Enfermagem ; 16 5 Jun [acessado Jun 23]. Vade Mecum Saraiva. Lei 6. Institui o Estatuto da Igualdade Racial. Decreto-lei n.
Por um conceito de Minoria. In: Paiva R, Barbalho A, organizadores. Sarlet IW. Porto Alegre: Livraria do Advogado; Etic 6 6 CML Bittar contributed to the critical review of the intellectual content of the manuscript. All authors participated in the writing, approved the final version of the manuscript and declare that they are responsible for all aspects of the manuscript and guarantee its accuracy and integrity. This is an Open Access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Services on Demand Journal. Article Legislative vulnerability of minority groups. Abstract Minorities are in an inferior position in society and therefore vulnerable in many aspects. Introduction For the purposes of this study, minority refers to a human or social group that is in a situation of inferiority or subordination in relation to another, considered major or dominant.
Should research samples reflect the diversity of the population? | Journal of Medical Ethics
The goal of empowering people, groups and communities increasing their degrees of autonomy while promoting their social inclusion, underlines the strategic importance of participation in the decision-making process. Participatory practices prove to vary extensively. What is at stake — as the Valore Lavoro project clearly demonstrates — are also methodologies and contents topics and issues over which the contribution of the citizens involved into the decision-making process makes a difference and creates added value of the participatory process. From this perspective it is possible to argue, as lessons learned through the participatory and governance experience described in the present paper, that participatory methods and contents are as important as participatory conditions.
At the same time conditions for participation without methods and contents sound senseless, whilst the latter without the former sound ineffective. Both on the side of public bodies with an institutional point of view, and on that of citizens and groups engaged in the governance process, a certain degree of openness is required.
In order to overcome respective rigidities , the public actor should focus on the areas of participation and operating within them as facilitator, exerting positive leadership roles. It is not always the case, but the Valore Lavoro experience clearly demonstrates that with given conditions the participatory governance processes can reduce the administrative costs and overheads, especially when the actions opened to participatory practices are associated to service provision. Alietti, Alfredo La retorica della partecipazione.
In Alfredo Agustoni editor. Ambrosini, Maurizio Il caso estremo: il trattamento delle minoranze rom e sinti. In Maurizio Ambrosini. Richiesti e respinti. Ambrosini Maurizio and AntonioTosi editors Vivere ai margini. Ambrosini, Maurizio and Antonio Tosi editors Favelas di Lombardia. La seconda indagine sugli insediamenti rom e sinti. Amnesty International Due pesi e due misure. Ansell, Chris and Alison Gash Arnstein, Sherry Associazione Sucar Drom Progetto Mengro Labatarpe il nostro lavoro. In Francesco Marcaletti editor Barth, William Beck, Ulrich Stireria e piccola sartoria.
Colacicchi, Piero Ethnic profiling and discrimination against Roma in Italy: new development in a deep-routed tradition, Roma Rights Journal , No. Colasanto, Michele and Lodigiani, Rosangela editors Welfare possibili. Tra workfare e learnfare , Milano, Vita e Pensiero, pages. Coses Combating Anti-Roma discrimination. Cossi, Massimiliano and Rosangela Lodigiani In Michele Colasanto and Rosangela Lodigiani editors Tra workfare e learnfare , Milano, Vita e Pensiero, pp.
Governance, participation and in-between.
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Types of Multi-Level Governance. The American Po litical Science Review. Hoskins, Bryoini and Massimiliano Mascherini Measuring active citizenship through the development of a composite indicator, Social Indicators Research , No. Humphris, Rachel Jansen T. Social cohesion and integration: learning active citizenship, British Journal of Sociology of Education , Vol.
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Paving a brighter future, Harvard International Review , pp. Socio-economic mobility and neo-liberal governmentality in post-socialist Europe: activation and dehumanisation of the Roma, Journal of Ethnic and Migration Studies , Vol. Vanderbroucke, Frank Vermeersch, Peter Vitale, Tommaso editor Politiche possibili.
Rom e sinti in Italia: condizione sociale e linee di politica pubblica , No.. Percorsi di inserimento lavorativo per rom e sinti Work Value. For a detailed description of the project see Marcaletti, ; Marcaletti, Pozzi, Riniolo, ; Riniolo and Marcaletti, Sometimes participation is simply a process of legitimating decisions already taken, while empowerment encompasses the effective strengths of the actors involved.
All these different faces of participation facilitate the comprehension of why this term attracts a great support by some and — at the same time — much criticism by those who state that there is not any actual incidence in term of redistribution of power. The ten principles are: 1 Constructive, pragmatic and non-discriminatory policies; 2 Explicit but not exclusive targeting; 3 Intercultural approach; 4 Aiming for the mainstream; 5 Awareness of the gender dimension; 6 Transfer of evidence-based policies; 7 Use of European Union instruments; 8 Involvement of regional and local authorities; 9 Involvement of civil society; 10 Active participation of the Roma.
This term is commonly used in EU policy documents, discussions and generally in the literature. The Lombardy region authority signed a convention with the Ministry of Labour in the form of an agreement on specific guidelines about the implementation of paths toward job insertion of Roma and on the allocation of a budget covering the financing of the actions to be undertaken. Within this framework, the Regional authority or in general the local authority is in charge of the financing of services, thus configuring the public body as funding and auditing agency.
The third sector actors or — in some cases — the private profit sector actors have the operational responsibility of service management.