L’insertion professionnelle des travailleurs handicapés en France : principes et réalités

The principle underlying positive discrimination – or “affirmative action” as the phrase went in the US, essentially targeting “racial” discrimination – consists in giving more to those who have less, and defines how we understand the ways handicapped persons can get a job. This translates into policies which, despite being updated many times since their first implementation between the two world wars, have remained true to their initial, protective purpose. Over those past decades, their target groups have grown more and more diverse, but identifying them has always been the work of social and medical organisations where the State and local communities are uniting forces. Simultaneously, the professional insertion of the physically or mentally challenged has been made possible through three actions. One was to clearly define the protected segment of the most handicapped to prevent any doubt on status, while allowing the segment to grow. Another was to multiply placement organisations, such as the Cap-Emploi network, dedicated to rationalizing their own procedures for better performance while improving how they can help the handicapped to better access the ordinary job market. Yet another was to implement innovative instruments such as the AGEPFIPH. Finally we will insist on how employers are reluctant to hire individuals with limited employability. In other words this article proposes to evaluate collective objectives, notably public policies as perceived through the threefold aspect of identification-insertion-reception of the handicapped. Exploring the factors of the all-too-frequent low employment rate of handicapped workers, this article demonstrates how the policy instruments, despite their increasing number, fail to address their own negative impacts, such as the segmentation and substitution of targeted groups. It therefore questions the various logical distortions assumed by the instruments available when confronted with population limits and recipients’ demands. It therefore examines the issues regarding the status and collective management of this unskilled labor force in a context of critically changing working conditions in jobs that remain a very remote perspective.     

Le logement des réfugiés à Montréal trois ans après leur arrivée: le cas des demandeurs d'asile ayant obtenu la résidence permanente

This article presents the results of a secondary analysis of the housing-related variables contained in a survey of the settlement experiences, of some 400 regularized refugee claimants living in Greater Montréal. It examines housing as a vector of settlement and integration, as well as the related neighbourhood context. The data indicate that the refugees are relatively well housed in terms of dwelling quality, but spend inordinately high percentages of their income on rent, essentially because of their low incomes. More optimistically, the refugees have access to social support from within their ethnolinguistic group, and in their neighbourhoods they are not isolated from the majority cultural groups of Québec society.     

Analyse du cadre réglementaire des certificats médicaux demandés par une municipalité en 2019

Medical certificates have a regular place in general medicine consultation. Since 2011, the french law has highlighted the absence of regulatory support of certain certificates, in particular of public services. The objective of this study was to find out which regulatory texts were based on the medical certificates required by a municipal administration, 8 years after the 2011 rationalization circular?Material and methodQualitative study by observation and critical analysis of certificates by literature reviews according to the main PRISMA quality criteria (Preferred Reporting Items for Systematic Reviews and Meta-Analyzes). The first step consisted of the exhaustive collection of the medical certificates provided by the municipality, for the citizens or the employees of the city. The origin of one of the municipal services was the only criterion for inclusion. The second stage consisted in analyzing the certificates according to the law by using databases classified depending on their level, taking their regulatory value into account as a priority. The research equations were constructed with an inductive process as the certificates were collected.ResultsForty-two certificates were collected and analyzed. Twenty-seven had regulatory support, two of which (not concerned in general medicine) complied with its content. No regulatory support was found for the 15 other certificates. The regulatory vagueness around sports accidents, or even the abuse of authority, are explanations for these certificates without existing or respected regulatory support.ConclusionThe general practitioner is put in a difficult and ambivalent position. A major institutional commitment should be considered for the rationalization of medical certificates, in particular through medical education, health education for users and law enforcement.     

Variables latentes et propriétés mentales : pour une épistémologie affirmée pragmatiste et réaliste

The reliability of models with latent variables is questioned by different authors: what is the ontology of mental properties? How to integrate the complex of mental processes with latent variables? All these debates raise the question of the legitimacy of latent variables as methodological approach comparatively to new approaches such as Network analysis. By clearly posing the ontological nature of mental properties as emergent properties of mental processes, and by clearly posing a theory of pragmatist and realistic knowledge, our work seeks to show that latent variables are efficient approaches for inferring mental properties.     

La réparation psychique

Crime victims are confronted with a three-fold trauma at the physical, psychic and group levels. Indeed, trauma has a disruptive effect on the individual psyche as well as on the feeling of belonging to a larger community. As such, the crime victim must elaborate a personal questioning, while participating to a judicial proceeding aimed at restoring a feeling of belonging. Reparation thus takes place at the individual and collective levels, which implies simultaneously considering psychic reality and judicial reality, which confronts the crime victim with two positions and with two ways of functioning. After dealing with the trial's pacifying and resocializing functions, the three-times assistance support will be considered: formal and psychological preparation before the trial, assistance during the trial, post trial speech group therapy and information.     

Les nouveaux «Gastarbeiter»? Les réfugiés sur le marché du travail suisse

With about 28,000 asylum requests a year since 1990, Switzerland is one of the western countries with the highest inflow of refugees. The aim of this article is to answer two questions: What is the role of refugees in the Swiss economy? and what are the factors influencing their incorporation into the labour market? The research is based on the multivariate analysis of an individual database of 110,000 asylum seekers and refugees, in-depth interviews and 174 questionnaires to refugees and employers.     

Stéréotypes et préjugés à l’égard de personnes atteintes de cancer : étude auprès d’une population générale et de professionnels de santé

In a national context of the fight against cancer, it is crucial to better understand the attitudes of the public and health professionals about the disease. This study aims to examine the contents of stereotypes and prejudices of the general population and health professionals with regards to cancer patients. The execution of the study was conducted by questionnaire survey of 142 health professionals and 190 people from the general population. The results confirm the existence of a stereotype associated with cancer both in the general population and health professionals. However, there are differences on measures of attitudes about people with cancer showing a greater distancing of health professionals. The implications for health professionals and prevention programs and information about cancer are discussed.     

Troubles du comportement et adolescence. Problématiques d'accès aux soins et modalités de réponses nouvelles

The psychopathology of adolescence requires particular adaptation of treatments. This article presents the specific organization of psychiatric treatment for adolescents developed in a mental ward. It works in collaboration with paediatric services, school medicine, community homes for adolescents, parents and attending physicians. Going towards adolescents signalled by those partners, we make easier the access to treatment, the “out of walls reception”. Reciprocal therapeutic commitment, worked with the adolescent, allows him to access to a variety of special cares: consultations, therapeutic groups, hospitalisation, “indirect treatments”. Results from three years allows us to stress the relevance of such a specific organization namely for tricky clinical situations.     

COVID-19 : quel rôle pour les comités d’éthique ?

Let us take advantage of this state of health crisis to promote within the committees a real ethics of the discussion on research practices.     

La recherche scientifique sur les prélèvements biologiques réalisés dans le cadre des autopsies et objets de scellés judiciaires. Nécessité d’une adaptation législative

Currently, it is legally impossible to conduct scientific research on tissue and organ samples taken from forensic autopsies. In fact, the law schedules the destruction of such samples at the end of the judicial investigation, and the common law rules governing cadaver research cannot be applied to the forensic context. However, nothing seems in itself to stand in the way of such research since, despite their specific nature, these samples from forensic autopsies could be subject, following legislative amendments, to common law relating to medical research on samples taken from deceased persons. But an essential legislative amendment will have the goal firstly to allow the Biomedicine Agency to become authorized to issue a research permit and secondly, to change the research conditions in terms of the non-opposition of the deceased to the said research. Such an amendment would be a true breakthrough because it would allow teams to continue to move forward calmly in research, and allow this research to be placed within a legal framework, which would promote international exchanges.     

Peut-on réverser avant thrombolyse ? Que ferait le juge face à un infarctus cérébral ?

In an unpacified and somehow violent world, the judge is more and more advised to handle technical and often urgent cases. Committed to judge, the magistrate fulfilled its own mission disregarding the tempo of the uncommon life-threatening emergency. Considering the acute stroke for being one of the most important complications of atrial fibrillation shows how frail and uneasy is for the judge to build its decisions over a large amount of laws. In the case of an anticoagulated patient suffering an ischemic stroke, the practitioner is able to embrace a wide bunch of treatments leading to myriads of effects and modulating the medical responsibility. Adding up deontological aspects, ethics, scientific data (techniques and technology) to summarize medical engagement which stands just aside new patients’ rights leads to consider further the particular functional link between the patient, his disease, his physician and their judge.     

La rétention de sûreté : punir,prévenir et guérir des troubles de la personnalité ?

The law of February 25, 2008 introduced security detention. This is a post-sentence measure intended for offenders who have served their sentence. This may apply to people with personality disorders. Because of these disorders, they are considered too dangerous to be left in society but the importance of the disorders was not sufficient to benefit from the mechanism of criminal irresponsibility. Is the real objective of preventive detention, as indicated in the law, to treat disorders or, more pernicious, to eliminate ex-convicts from society?