scholarly journals Supported Decision Making Model as a Tool and Form for Socialization of People with Psychosocial Disabilities: Legal and Social Education Challenges in Lithuania

Pedagogika ◽  
2014 ◽  
Vol 116 (4) ◽  
pp. 196-212
Author(s):  
Dovilė Juodkaitė

The aim of this article is to introduce the new concept of supported decision making model. Supported decision making model (SDM) as a tool for proper implementation of the rights of persons with disabilities is foreseen in the newest international human rights treaty – Convention on the rights of people with disabilities (CRPD). As a new concept SDM raises number of challenges both of legal, social and educational aspects how to introduce and implement this model in practice in order to safeguard rights and ensure social integration and socialization of the most vulnerable persons with psychosocial disabilities in the society. Specific objectives of the study carried out were: to review new legal requirements of art. 12 of CRPD for ensuring equality before the law for all persons with disabilities, to critically analyze Lithuanian legal guardianship system for its compliance / noncompliance to those international requirements; to review and analyze supported decision making models existing in other countries; based on the comparative analysis of the supported decision making models, to make recommendations for Lithuanian legislation, legal and social practice on possible supported decision making model.

Author(s):  
Valentin Aichele

This chapter analyses the use and interpretation of the Convention on the Rights of Persons with Disabilities (CRPD) in sixty-nine decisions of German federal courts between 2009 and mid-2016. German courts’ failure to be proactive in demonstrating ‘friendliness towards public international law’ when dealing with international human rights norms has been criticised. The National CRPD Monitoring Mechanism addressed problems in the application of the law. This chapter investigates the courts’ understanding of basic CRPD concepts, judicial techniques, interpretation methods and specific CRPD provisions. The importance of the concepts of self-executing provisions and direct effect is discussed. In quantitative terms, German courts have referred to the CRPD more often than any other UN international human rights instrument. Furthermore, in qualitative terms, federal courts have become more receptive towards the CRPD. However, it is clear that much of the potential for courts to use the CRPD in the realisation of the rights of persons with disabilities remains untapped.


2016 ◽  
Vol 25 (1) ◽  
pp. 43-47 ◽  
Author(s):  
Christopher James Ryan ◽  
Sascha Callaghan

Objectives: The Mental Health Act 2007 (NSW) ( MHA) was recently reformed in light of the recovery movement and the United Nations Convention on the Rights of Persons with Disabilities. We analyse the changes and describe the impact that these reforms should have upon clinical practice. Conclusions: The principles of care and treatment added to the MHA place a strong onus on clinicians to monitor patients’ decision-making capacity, institute a supported decision-making model and obtain consent to any treatment proposed. Patients competently refusing treatment should only be subject to involuntary treatment in extraordinary circumstances. Even when patients incompetently refuse treatment, clinicians must make every effort reasonably practicable to tailor management plans to take account of any views and preferences expressed by them or made known via friends, family or advance statements.


Author(s):  
Lord Janet E ◽  
Stein Michael Ashley

This chapter examines Article 32 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which deals with the issue of international cooperation. The provision on international cooperation in the CRPD sprang from framework conventions in the international criminal and environmental law spheres, where such provisions are ubiquitous, rather than from prior human rights treaty practice. Article 32 was thus a highly contentious text to negotiate due to the far more limited meaning ascribed to the term ‘international cooperation’ in other international human rights instruments. Article 32 sits holistically within the CRPD framework, and is thus informed by its principles and general obligations, and should be read in conjunction with the specific, substantive rights of the remainder of the treaty. Rights and duties in the CRPD hang together; discerning the meaning of disability inclusive development cannot be achieved by examining any one provision in isolation.


2019 ◽  
Vol 17 (2) ◽  
pp. 351-368
Author(s):  
Joanna Nicholson

Abstract That an accused receives a fair trial is essential to the legitimacy of international criminal courts and tribunals. However, how best to interpret the right to a fair trial in order to maximize the legitimacy of international criminal courts and tribunals’ decision-making? Some argue that international criminal courts and tribunals should aspire to the highest standards of fairness and should aim to set an example for domestic courts in this regard. Others argue that the unique context within which international criminal courts and tribunals operate allows them, at times, to interpret the right to a fair trial in a way which falls below minimum international human rights standards. This article examines both of these positions and finds both to be problematic. Rather, the article argues that international criminal courts and tribunals should aim for a middle path, the ‘fair enough’ standard, when interpreting the right to a fair trial. In situations where a different standard than that found within international human rights law is applied, international criminal courts and tribunals should expend greater effort in being open and clear as to why this is so, and should take care in communicating this to their audience, including victims and the accused. By doing so, the legitimacy of their decision-making will be enhanced.


2018 ◽  
Vol 8 (2) ◽  
pp. 337
Author(s):  
Thamarat Jangsiriwattana ◽  
Sanober Salman ◽  
Boonthipa Jiantreeangkool

The ethics issue has been receiving massive attention of today’s managers due to the publicized scandals and cases of fraud, bankruptcy and others. For managerial convenience numerous ethical decision making models were proposed by researchers, but six models are widely accepted by ethics based practitioners (Ferrell, Fraedrich & Ferrell, 2008). Each model has unique characteristics, which enhances understanding about ethical dilemma. This paper reviewed the relevant literature and utilized seven models: (Kelly & Elm, 2003; Jones, 1991; Ferrell, Gresham & Fraedrich, 1989; Hunt & Vitell, 1986; Trevino, 1986; Ferrell & Gresham, 1985; Kohlberg, 1969) and then cultivated ethical decision-making model for Thai context. In addition, the authors also reviewed the literature on Thai culture and focused on Buddhist philosophy, beliefs, values and norms of Thai people. Finally, the Seven ethical decision making models and Buddhist philosophy were integrated together to propose a model for ethical decision making for Thai organization.


2019 ◽  
Author(s):  
Chandramouli Chandrasekaran ◽  
Guy E. Hawkins

AbstractDecision-making is the process of choosing and performing actions in response to sensory cues so as to achieve behavioral goals. A sophisticated research effort has led to the development of many mathematical models to describe the response time (RT) distributions and choice behavior of observers performing decision-making tasks. However, relatively few researchers use these models because it demands expertise in various numerical, statistical, and software techniques. Although some of these problems have been surmounted in existing software packages, the packages have often focused on the classical decision-making model, the diffusion decision model. Recent theoretical advances in decision-making that posit roles for “urgency”, time-varying decision thresholds, noise in various aspects of the decision-formation process or low pass filtering of sensory evidence, have proven to be challenging to incorporate in a coherent software framework that permits quantitative evaluations among these competing classes of decision-making models. Here, we present a toolbox —Choices and Response Times in R, orCHaRTr— that provides the user the ability to implement and test a wide variety of decision-making models ranging from classic through to modern versions of the diffusion decision model, to models with urgency signals, or collapsing boundaries. Earlier versions ofCHaRTrhave been instrumental in a number of recent studies of humans and monkeys performing perceptual decision-making tasks. We also provide guidance on how to extend the toolbox to incorporate future developments in decision-making models.


Author(s):  
Anna Lawson ◽  
Lisa Waddington

This chapter introduces the book and provides important context for all the subsequent chapters. In particular, it explains the aim of the research presented in the book and situates it within the emerging literature on comparative international (human rights) law, as well as the literature on the Convention on the Rights of Persons with Disabilities (CRPD). It also sets out the methodology used and explains how the book is structured, with jurisdiction-specific chapters, and chapters providing comparative analysis across jurisdictions illuminating the differences and similarities in the interpretation and use of the CRPD by domestic courts and judges.


2019 ◽  
Author(s):  
Elvi Gustheana ◽  
Hade Afriansyah ◽  
Rusdinal

In leading an institution, especially an educational institution, it is necessary to have practive, innovative and apropriate policies in every problem – the problem faced. In leading a school, the leader, namely the principal, must understand the models of good decision makingthat can improve the quality of the school and raise the name of the school. In bulding good leadership in a school it is necessary to make the right decisions made by the school leaders, and in running a school, the right decisions are needed which can be an alternative in every problem faced. Taking this decision is also a plan that results in every implementation running smoothly so that leadership in a school goes well and properly. This paper focus on the decision making models which are initially applied in the economic, politic and psychology science. Only a few papers explore this issue, most of its reveal about the result study or the output instead of discussing the process of decision making. Discussion about the usage of decision making model as the analytic tool and the application of the model is quite few.


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