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Academia, Género,
Derecho y Sexualidad.

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Palabras clave: 'University of Ottawa'.
3 coincidencia(s) encontradas.

Tesis

“Viviendo del Rebusque:” A Study of How Law Affects Street Rebuscadores in Bogotá

Laura Cecilia Porras Santanilla
2018 | University of Ottawa

In the last decades, scholars from different disciplines, ranging from economy to law, have tried to better identify and target the working poor in order to provide them with legal protection. Some have referred to categories such as ‘non-standard or precarious forms of employment,’ ‘informal labor’ and ‘popular economy’ to refer to the working poor. My dissertation questions those categories and their ability to target the workers most in need, as well as their underlying assumptions that the activities of the working poor are not regulated by law, but rather fall into a legal vacuum. Using both qualitative and quantitative methodologies, I conducted research with one group of vulnerable workers (whom I refer to as street rebuscadores) in Bogotá (Colombia) to answer two main questions: 1) how can we better target and characterize the social grouping to whom the most vulnerable segment of the working poor in Bogotá belongs? 2) How do both State and non-State legal regimes, such as constitutional law, labour law and derecho de policía, interact to influence the productive strategies of the most vulnerable workers in Bogotá? Following Bourdieu’s theory of practice, I found that street rebuscadores constitute the most vulnerable segment of the working poor in a city deeply segregated by class, that they share a similar volume and composition of overall capital (or habitus) and that they share similar practices associated with that habitus. Following a legal pluralist approach, I also concluded that as a social group engaging in regulatory activities, street rebuscadores are situated in a semi-autonomous social field generating internal normative rules, but that is also vulnerable to rules from the larger social matrix in which it is situated. Within that semi-autonomous social field, the vulnerability of street rebuscadores is legally constructed and accentuated by the State, and existing regulatory frameworks are perpetuating and reproducing their condition, although not without resistance.

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Libro

Childbirth by cesarean section: Legal issues and implications

Patricia Oton Olivieri
1991 | National Library of Canada = Bibliothèque nationale du Canada

The purpose of this thesis is to study a medical practice, childbirth by cesarean section, analyze the legal issues and implications derived from this modern obstetrical practice; in order to develop policy recommendations to address the issues and concerns identified. The specific objectives of this thesis are the following: (1) To describe and present an overview of cesarean section as a major surgical procedure. (2) To present an overview of this medical practice under feminist perspectives. (3) To analyze the legal issues associated with the practice of cesarean sections. (4) To determine and analyze the legal implications of the increased cesarean section rates and unnecessary cesarean sections. (5) To develop policy recommendations to address the possible causes of the issues or concerns related to childbirth by cesarean section.
The methodology utilized for the attainment of the stated objectives were: review, discussion and critique of secondary data from epidemiological studies, medical journals, guidelines and recommendations of medical associations and health authorities, case law and literature review of articles and books. (Abstract shortened by UMI.)

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Documento

The effectiveness of sexual harassment law in Chile: from theory to practice

Lidia Casas Becerra
| University of Ottawa

This study examines the theoretical framework underlying Chilean legislation on sexual harassment in the workplace, notably to determine if the legislation has succeeded in uncovering and addressing the gender injustice and inequality involved in sexual harassment.This study further reviews whether the legislation adopted in 2005 is meeting its intended goal of protecting targets from harm by providing effective relief, penalizing perpetrators, and promoting adequate labour relations and climate.A combination of research methods were employed, notably a review of the legal scholarship, of Chile’s regulatory framework for sexual harassment, and of administrative and court system jurisprudence involvingtargets and perpetrators fromthe periodprior to theenactment of the legislation in March 2005 through to October 2014. Quantitative sexual harassment data were drawn from a nationwide household survey conducted in 2011 by Proyecto Araucaria (“Research, Policy and Practice With Regard to Work-Related Mental Health Problems in Chile: A Gender Perspective”)The study also includedinterviews with key informantsand focus groups with female workers.This study concludes that the debate between the equality versus protection of personal dignity paradigms is an abstract discussion not reflected in the practices of justice system actors, and that for the law to be effective, a sociopolitical and legal context facilitating recourse to it is required. Rather than considering onlythe formal resort to the relief provided in the law, it is crucialto examinethe actual practices of individuals seeking to advance the protection of their rights.

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