Revista Jurídica Digital UANDES
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Derecho a la libre elección del sistema de protección de salud en la Constitución Política de la República y libertad contractual Corte Suprema, 8 de octubre de 2018, ROL 5293- 2018
No full textIt is resolved that the right to free election of the health protection system (article 19, number 9, final paragraph of the Chilean Political Constitution) limits the autonomy of will and the freedom of contracting Isapres. The Supreme Court uses a socializing criterion of the right to health in terms of its role as a fundamental right. In addition, the Supreme Court moves away from interpretation as a simple individual right, that when colliding with the right to freedom of contract of the Isapres did not ensure its preeminence over it. The Supreme Court, following the jurisprudential line dealt with by the Constitutional Court since 2008, clearly limits the freedom of contracting the Isapres in the protection of the freedom of choice of the public or private system. In the facts, a mother wins an appeal for protection against the Isapre, through which she alleged that her right to free choice was affected by the health protection system when she was denied affiliation in three Isapres, due to a preexisting illness of her daughter.Se resuelve que el derecho a la libre elección del sistema de protección de la salud (artículo 19, número 9.º, inciso final de la Constitución Política de Chile) es un límite a la autonomía de la voluntad y a la consiguiente libertad de contratación de las Instituciones de Salud Previsional (ISAPRE, en adelante isapres). Se emplea un criterio socializador del derecho a la salud, en cuanto a su rol como derecho fundamental, alejándose el tribunal de una interpretación anterior como derecho individual. Siguiendo la línea jurisprudencial que traía el Tribunal Constitucional desde el año 2008, la Corte Suprema establece que la protección de la libertad de elección del sistema salud público o privado es un límite a la libertad de contratación de las isapres. En los hechos una madre gana en sede de apelación un recurso de protección mediante el que alega que la negativa de afiliación de la isapre recurrida por una enfermedad preexistente de su hija afecta su derecho a la libre elección del sistema de protección de salud
National Culture and Bank Risk-Taking
No full textWe investigate the relation between national cultural values and bank risk. Despite the rigid transnational regulatory oversight of systemic European banks, we find evidence of an economically significant association between cultural values and domestic bank risk. Specifically, we report a positive (negative) association between the cultural values of individualism and hierarchy (trust) and domestic bank risk-taking. Consistent with our predictions, this relation weakened during the recent financial crisis and does not hold for global banks, regardless of the period under investigation. Our findings are robust to endogeneity tests that mitigate concerns regarding reverse causality and confounding effects affecting our conclusions
Intimacy Beyond Love:The History and Politics of Inter-Asian Development Aid
No full textThis article proposes that intimacy can be a useful analytical tool to understand how the private and the public, the personal and the political, intersect in development aid projects. Recent anthropological analyses have attended to the personal and moral worlds of aid workers, examining the knowledge practices and ethical dilemmas of "aidland." Some scholars have cautioned that this perspective should not overlook the politics of development interventions. The lens of intimacy can be a fruitful avenue for understanding how "aidland" is always already political—how the personal worlds of aid workers and politics are intertwined. Examining the kinds of relations that define intimacy, and the specific ways that the private and the public intersect in these relations, can show us the particular history and politics of a development regime. Drawing on the case of a Japanese NGO in Myanmar, the article shows how "intimacy" in this inter-Asian form of development aid appeared in terms of "becoming one" (hitotsu ni naru). Ethnographic analysis and historical contextualization reveal nationalist-culturalist and Pan-Asian imaginations that are entangled in intimate experiences of "becoming one" among Japanese and Burmese aid actors. Ultimately, the analytical purchase of "intimacy" lies in calling our attention to how people negotiate similarities, differences, and conflicts in "private" spaces in order to make the ethos of becoming one in "public" possible
‘FULLER’ OR ‘EXTENDED’ WORKING LIVES: CRITICAL PERSPECTIVES ON CHANGING TRANSITIONS FROM WORK TO RETIREMENT
No full textResearch on older workers and retirement has yet to adjust fully to an environment influenced by a combination of demographic change, technological developments and economic recession. A key dimension to the changing relationship between ageing and work is the tension between policies to extend working life and the increasingly fragmented nature of late working life, with the emergence of varied transitions, including: bridge employment, second/third careers, part-time working, early retirement and other variations. These developments indicate both the challenge of conceptualising new forms of work-ending, and - in policy terms - the extent to which these can successfully accommodate longer working lives. The paper provides a critical perspective to the policy of extending working life and the narrative which underpins this approach. The paper argues that retirement has become a 'contested' institution in the 21st century, fragmented across different pathways and transitions affecting people in their fifties and sixties. The paper argues the case for improving work quality and security as a precondition for supporting policies for encouraging working in later life. An essential requirement for this will include linking debates on extending working life with technological developments and changes affecting the workplace, creating differentiated paths to retirement and labour force exit, enhancing the provision of training and continuing education, and re-thinking the idea of the 'older worker'.</p
Implicit and informal professional development::what it ‘looks like’, how it occurs, and why we need to research it
No full textThe landscape of professional learning and development knowledge has expanded steadily in recent decades. Accompanying this expansion, the field’s lexicon has widened, to include terms such as ‘situated’ learning and learning ‘in situ’, which incorporate recognition that professional learning and development occur as part-and-parcel of everyday working life. Most often categorised as ‘informal’ or ‘implicit’, such professional learning and development is under-researched; resonant of an iceberg whose biggest proportion lies submerged and unseen, with only its tip exposed, the bulk of professional learning and development activity remains unexamined by researchers, who tend predominantly to focus on ‘explicit’ professional development. Addressing issues that arise out of this lacuna of neglect, through short vignettes drawn from research interviews with education professionals, the author highlights recognition of something as ‘a better way’ as essential to the micro-level professional learning and development process. Yet she also considers whether an actor’s recollection of a professional learning or development incident or ‘episode’ precludes its being categorised as ‘implicit’. She argues that, despite the methodological challenges involved in researching it, understanding how ‘implicit’ professional development occurs should be afforded a prominent place on its research agenda if the field is to advance and retain intellectual credibility
Knowledge and Communication in Democratic Politics:Markets, Forums and Systems
No full textEpistemic questions have become an important area of debate within democratic theory. Epistemic democrats have revived epistemic justification of democracy, while social scientific research has speared a significant debate on voter knowledge. An area which has received less attention, however, is the epistemic case for markets. Market advocates have developed a number of epistemic critiques of democracy which suggest that most goods are better provided by markets than democratic institutions. Despite representing important challenges to democracy, these critiques have gone without reply as democratic theorists have tended to exclude markets from consideration. This article responds to these critiques and argues that there are good epistemic grounds for granting a much greater role to democracy than its market critics have claimed. It argues that there is a broad range of goods, including important ethical goods, which are better provided by democracy than markets due to the particular epistemic burdens they create
Material affinities: ‘doing’ family through the practices of passing on
No full textThis article explores how mundane objects are passed on through kinship networks and how these practices become part of the ‘doing’ of family and kinship (Morgan, 2011a). Using Mason’s (2008) concept of affinities, I illuminate four strands of material affinities, each of which illustrates how passed on objects can reproduce, imagine and memorialise kin connections both biological and social, and in and through time (Smart, 2007). Crucially, I argue that it is everyday objects in use which reveal how materiality and kinship are woven together. By starting from the object rather than the subject material affinities are brought to life, illustrating how materials are inscribed with kinship both physically and imaginatively, but in turn inscribe kinship practices, operating as central characters in family narratives. The article stems from research exploring everyday contemporary thrift and involved one-to-one interviews and a Mass Observation Directive on the subject of ‘Being thrifty’
