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Speaking from (Dis)empowerment? The Difference between Reverse and Collateral Discrimination
Globally, we are seeing the rise of a trend where members of empowered groups claim being the victims of discrimination. These claims force us to ponder—who is (and should be) eligible for legal protection against discrimination? The debates they spark often take a binary form, with commentators arguing either that reverse discrimination is “the same” as paradigmatic discrimination or that it simply does not exist. In this article, I develop an alternative path by distinguishing between “collateral discrimination” and “reverse discrimination.” I argue that the collateral discrimination cases merit recognition as discrimination because, in these cases, empowered claimants are refusing to endorse certain dominant roles or attitudes. Thus, despite being part of generally empowered groups, these claimants are speaking from a limited place of disempowerment. On the contrary, claimants in true reverse discrimination cases speak from a place of empowerment, and, as such, their claims should be dismissed under discrimination frameworks. In this article, I describe three pathways through which collateral discrimination operates (mis-grouping, anti-association, and role enforcement) and reconstruct the Supreme Court of Canada’s case law on Section 15 featuring empowered plaintiffs using this model
Finding Equality: A Creative Take on Feminist Judgment Projects and the Criminalization of HIV Non-Disclosure
Feminist judgment projects have proliferated in recent years, with contributors in over twelve countries rewriting judgments to bring the relationship between law, gender, and equality to light. The requirements of feminist judgments vary between projects, but many of them require contributors to replicate the generic conventions of judgments and limit their reference to legal precedents and other materials available at the time of the original decision. This article reflects on the politics of feminist judgments, challenging the premises of the conventional methodology in contexts where the law cannot be redeemed through liberal legal methods. One such area is HIV non-disclosure. Canadian courts have repeatedly found that the criminal law has jurisdiction over a person’s failure to disclose their HIV-positive status in sexual relations. The article argues that the law in this area should not be rewritten using the conventional methodology because the law should be abolished. In contexts like this, feminists should have recourse to an expanded referential universe, including creative tools, strategies, and forms of literary and artistic expression to represent gender and sexuality differently. The article concludes by constructing a “found poem” from the words of R. v Aziga, a 2023 decision of the Ontario Court of Appeal, to suggest a more progressive path forward in HIV non-disclosure cases
EXPLORING THE NEED FOR LOWER LIMB PROSTHETIC GUIDELINES IN SOUTH AFRICA\u27S PRIVATE HEALTHCARE SECTOR
BACKGROUND: Evidence based guidelines can assist with prosthetic component selection and clinical intervention. There is limited evidence on lower limb prosthetic prescription guidelines in the South African private health care sector.
OBJECTIVE: To explore the need for lower limb prosthetic prescription guidelines in the South African private healthcare sector.
METHODOLOGY: Three main funders of lower limb prosthetics in the South African private healthcare sector (Road Accident Fund (RAF), Workmen’s Compensation Fund (WCA), and Council of Medical Schemes (CMS)) were explored using a case study design. Data were collected from six regulatory documents, sixteen purposively sampled prosthetic users, who received services from these funders, and seven key informants. Documents were assessed with the Appraisal of Guidelines for Research & Evaluation II (AGREE II), across six domains. Data from users and key informants were collected with telephonic, semi-structured interviews guided by interview schedules. Interview schedules were self-developed and tailored for each participant group. AGREE II data were analyzed descriptively. Inductive thematic analysis was used for interview data.
FINDINGS: Across cases, the “Scope and Purpose” domain scored the highest: 50% (WCA), 47% (CMS), and 22% (RAF). “Editorial Independence” scored 0% for all three cases. Other challenging domains were “Applicability” (WCA: 17%, CMS: 6%, RAF: 6%) and “Rigour of Development” (WCA: 8%, CMS: 25%, RAF: 0%). The following three cross-case themes emerged from the interviews: “Guideline Availability and Necessity” showed that guidelines were seldom used and that guidelines could be beneficial; “Purpose of a Lower Limb Prosthetic Guideline” indicated that guidelines can support accessible, equitable, ethical, and transparent services; and “Guideline Development Requirements” explained that an evidence based collaborative process, facilitated by an independent body should underscore guideline development.
CONCLUSION: Evidence based, standardized, transparent guidelines will be beneficial to direct prosthetic service delivery in the South African private healthcare sector. The guidelines must be applicable, rigorously developed, and show editorial independence.
Layman\u27s Abstract
Guidelines that provide directions to funders and service providers can help with selection of suitable prosthetic components. There is little information on the use of guidelines in prosthetic service provision in South Africa\u27s private healthcare sector. This study wanted to determine if there was a need to use guidelines for prescribing lower limb prosthetics in South Africa\u27s private healthcare sector and whether guidelines were currently used in the sector. The Road Accident Fund, Workmen’s Compensation Fund, and Council of Medical Schemes were studied. Six documents that guided services at the three organizations were reviewed. In addition, sixteen prosthetic users who received services from the organizations and seven experts were interviewed. The results showed that the scope and purpose of the documents was partially defined. The documents were developed by the organizations and not reviewed by independent stakeholders such as service users. The methods used to develop the documents and the use of evidence during development were poorly described. The documents also do not describe how the guidelines provided can be put into practice, how much it will cost, what barriers to expect, and how these can be overcome. These documents cannot serve as guidelines in their current format. The interviewees felt that guidelines could be helpful to the industry as a way of enabling fair, accessible, and transparent prosthetic services. Guidelines should take current evidence into consideration. The development process that must be driven by an independent organization rather than government or the funders and involve all stakeholders.
Article PDF Link: https://jps.library.utoronto.ca/index.php/cpoj/article/view/44450/33671
How To Cite: Theron B, Visagie S. Exploring the need for lower limb prosthetic guidelines in South Africa\u27s private healthcare sector. Canadian Prosthetics & Orthotics Journal. 2024; Volume 7, Issue 2, No. 8. Https://doi.org/10.33137/cpoj.v7i2.44450
Corresponding Author: Mr. Bennie Theron, CPO, MScAffiliation: University of Stellenbosch, Division of Disability and Rehabilitation Studies, South Africa.E-Mail: [email protected] ID: https://orcid.org/0009-0006-0487-905
DEVELOPMENT AND EVALUATION OF AN ANTERIORLY MOUNTED MICROPROCESSOR-CONTROLLED POWERED HIP JOINT PROSTHESIS
BACKGROUND: Prosthetic solutions for individuals with hip disarticulation and hemipelvectomy amputations currently rely exclusively on passive hip joint mechanisms. Although powered knee and ankle joint prostheses have improved gait in people with amputation, no powered hip joint options are commercially available.
OBJECTIVE: To develop and validate the mechanism, structural integrity, and design of an anteriorly mounted powered hip joint prosthesis.
METHODOLOGY: A microprocessor-controlled powered hip joint prosthesis (PHP) was developed, incorporating a cable-and-pulley transmission system. Stress calculations and Finite Element Analysis (FEA) were performed to ensure that the device can withstand the forces from daily activities. The prototype underwent mechanical strength testing in accordance with International Organization for Standardization (ISO) 15032:2000 standards, ensuring suitability for user loads of up to 100 kg. For functional testing, three able-bodied individuals were video recorded while walking with the power hip in a prosthesis simulator. For each participant, hip angles and stride parameters during level walking were assessed by analyzing five gait cycles.
FINDINGS: The novel PHP met most of the design criteria; however, it protruded 56 mm anteriorly from the lamination plate, exceeding the specified criterion of 20 mm. The joint\u27s range of motion included 22° of extension and 145° of flexion. The joint prototype\u27s height was 347 mm, and it weighed 3.9 kg. Furthermore, it passed ISO 15032:2000 strength tests, withstanding a 3360 Newton (N) load without failure. The device successfully enabled able-bodied individuals to walk using a hip disarticulation simulator and supported a 98 kg user during level walking.
CONCLUSION: The microprocessor-controlled PHP exhibited successful performance in both mechanical strength and functional testing. Future work is needed to optimize and assess the design, which could reduce the device\u27s weight and size. A complex control system to adjust gait based on pelvic motion is currently under development.
Layman\u27s Abstract
Currently, prosthetic solutions for people with hip disarticulation and hemipelvectomy amputation rely solely on passive prosthetic hip joints. While powered knee and ankle joints prostheses can improve gait, there are no powered hip joints prostheses available on the market. This study introduced and evaluated a powered hip joint prosthesis with a cable-and-pulley transmission system. The powered hip joint prosthesis met most of the design criteria and has range of motion of 22° of extension and 145° of flexion. The heigh of the joint was 347 mm, and it weighed 3.9 kg. Furthermore, it passed the strength tests, withstanding a 3360 Newton (N) load without failure. To evaluate the joint\u27s performance, testing was conducted with three able-bodied individuals using a prosthesis simulator during level walking. This joint successfully enabled able-bodied individuals to walk and supported a 98 kg user during level walking. Future work is needed to optimize and assess the design, to reduce the device\u27s weight and size. Furthermore, a control system to improve movement and function is needed and is currently under development.
Article PDF Link: https://jps.library.utoronto.ca/index.php/cpoj/article/view/44494/33657
How To Cite: Brannen K, Baddour N, Cho L, Langlois D, Dumond P, Lemaire E.D. Development and evaluation of an anteriorly mounted microprocessor-controlled powered hip joint prosthesis. Canadian Prosthetics & Orthotics Journal. 2024; Volume 7, Issue 2, No. 7. https://doi.org/10.33137/cpoj.v7i1.44494
Corresponding Author: Professor Edward Lemaire, PhDAffiliation: Department of Medicine, Faculty of Medicine, University of Ottawa, Ottawa, Canada.E-Mail: [email protected] ID: https://orcid.org/0000-0003-4693-262
Withstanding the Loss of Beauty and Dignity - Bede, Caedmon, and the Labour of Poetry in Early Medieval England: Bridget Bowles
Eloisa Morra. Poetiche della visibilità. Percorsi fra testo e immagine nella letteratura italiana del Novecento
Mot des éditeurs
Foreword
Volume 4 of the new series of Aestimatio is now complete. Though the move to a print-when-ready model of publication took longer than we anticipated, we are finding that it works well for us and will, we trust, benefit our readers and authors also.
As we close this volume and start work on the next, we find it a good time to reiterate the journal’s aim and to clarify some of the ways in which we want to pursue it going forward. When we established Aestimatio (new series), we stated our focus as the history of science from antiquity to the early modern period. We still recognize that the appropriate geo-cultural scope of science in the Old World before the modern era encompasses cultures in Eurasia and Africa.
This chronological and geo-cultural scope allows Aestimatio to publish research situated in sources from Arabic, Byzantine, Syriac, and Slavic cultures. We are pleased that scholars in the sciences of these languages and cultures see a home for their work in our journal. As an example, volume 4 includes the publication of Florentina Badalanova Geller’s “Galen’s Nachlass in Slavonic Intellectual Landscapes: Knowledge Transmission in the Byzantine” [https://jps.library.utoronto.ca/index.php/aestimatio/article/view/44904] and volume 5 will include a focus section entitled “Diagrams in Medieval Europe: Magic, Science and Ritual” edited by Sophie Page and Richard Kieckhefer.
We continue to promote work that seeks to place science in its Babylonian, Egyptian, Greek, and Latin cultural contexts, but want now to encourage submissions of research on the Syriac, Aramaic, Byzantine, and Old Church Slavonic as well as Arabic materials that all contribute to our knowledge of the sciences in late antique and medieval contexts.
In pursuit of this goal, Chessie and I have invited and are delighted to welcome Anne-Laurence Caudano (University of Winnipeg) to our editorial staff. Anne-Laurence is a highly esteemed medievalist with a special interest in the history of Byzantine science. With her expertise and input, the journal stays true to its original and continuing commitment to the study of the sciences in the ancient Near Eastern and Mediterranean worlds and their later legacy in Byzantium, Western and Eastern Europe.
Alan C. Bowen and Francesca [email protected]@gmail.com
How to cite: Bowen, A. C. and F. Rochberg, “From the Editors”. Aestimatio: Sources and Studies in the History 0f Science (2024) 5: vii–viiiAvant propos
Le volume 4 de la nouvelle série d’Aestimatio est désormais complet. Bien que la transition vers un modèle de publication en continu ait pris plus de temps que prévu, nous constatons que ce système fonctionne bien pour nous et, nous l’espérons, profitera également à nos lecteurs et à nos auteurs.
Alors que nous clôturons ce volume et commençons à travailler sur le suivant, il nous semble opportun de réaffirmer l’objectif de la revue et de clarifier certains aspects de notre démarche pour l’avenir. Lors de la création d’Aestimatio (nouvelle série), nous avions précisé que notre champ d’études portait sur l’histoire des sciences depuis l’Antiquité jusqu’à la période moderne. Nous reconnaissons toujours que l’étendue géoculturelle de la science dans l’Ancien Monde avant l’époque moderne englobe les cultures d’Eurasie et d’Afrique.
Cette étendue chronologique et géoculturelle permet à Aestimatio de publier des travaux fondés sur des sources arabes, byzantines, syriaques et slaves. Nous sommes heureux que des chercheurs spécialisés dans les sciences de ces langues et cultures considèrent notre revue comme un lieu pertinent pour la diffusion de leurs travaux. À titre d’exemple, le volume 4 comprend la publication de l’article de Florentina Badalanova Geller, «Galen’s Nachlass in Slavonic Intellectual Landscapes: Knowledge Transmission in the Byzantine» [https://jps.library.utoronto.ca/index.php/aestimatio/article/view/44904], tandis que le volume 5 proposera une contribution intitulée «Diagrams in Medieval Europe: Magic, Science and Ritual», par Sophie Page et Richard Kieckhefer.
Nous continuons de promouvoir des travaux qui s’attachent à replacer la science dans ses contextes culturels babylonien, égyptien, grec et latin, mais nous souhaitons désormais encourager la soumission de travaux portant sur les sources syriaques, araméennes et byzantines, de même que celles en vieux slave et les matériaux arabes qui contribuent à enrichir notre connaissance des sciences dans le contexte de l’Antiquité tardive et du Moyen Âge.
Dans cette optique, Chessie et moi avons le plaisir d’accueillir Anne-Laurence Caudano (Université de Winnipeg) au sein de notre équipe éditoriale. Anne-Laurence est une médiéviste hautement estimée, spécialiste de l’histoire des sciences byzantines. Grâce à son expertise et à sa participation, la revue reste fidèle à son engagement initial et continu pour l’étude des sciences dans le monde antique du Proche-Orient et de la Méditerranée, ainsi qu’à leur héritage dans la Byzance médiévale et dans l’Europe occidentale et orientale.
Comment citer: Bowen, A. C. and F. Rochberg, “Mot de éditeurs”. Aestimatio: Sources and Studies in the History 0f Science (2024) 5: ix–