Exploring Sport Opportunities for Disabled

Exploring Sport Opportunities for Disabled Exploring sport opportunities for young athletes with different abilities Abstract The aim of the study is to develop a new terminology from the negative term of â€Å"disability† and to try and hava an inclusive system during physical activities in schools. In addition is tries to highlight the importance of having more inclusive sport opportunities for everyone and to improve the self-esteem of people with different abilities. In Malta few athletes with different abilities have the opportunity to be included into sport activities. In schools there is not much time allocated for persons with disability both during physical education lessons and also during break time. As the athlete with different abilities starts thinking seriously of sport activities he encounters a lot of mishaps primarily the over-protection from parents and organisers. In addition he also faces the disadvantage of the lack of sport opportunities for him. This reason led the researcher to investigate what is really going on, both during childhood when it comes to school activities i.e. physical education lessons, and at later later stage during adolescence and adulthood when it comes to sport opportunities offered by society. This study is made up of five chapters which start from the history and defenition of disability and ends up with the guidelines to a way forward. Introduction The aims of the study are: To try and transit from a terminology that might sound negative â€Å"disability† to a better word â€Å"Different abilities† To try and have an inclusive system during physical education in both primary and secondary schools To have more sport opportunities which include everyone both for leisure and also on a professional level To strengthen the self-esteem of persons with different abilities The study is made up of five chapters. Chapter 2 tackles the history of disability and sports. An overview of the study background and key terms used within the study investigation are also provided. Chapter 2 gives an overview of some basic terms and general knowledge related to disability and sports which give a better understanding of the aims of the study. An evaulation and illustrations from experts regarding sport and disability sectors also follow. Chapter 3 investigates the approach taken and the processes involved in achieving the dissertation objectives. Details of the sources used as well as a description of the method used to collect the primary and secondary research data are also provided. The study concludes with an evaluation of the achieved results in the previous section. The conclusions derived state the opportunities available and what can be really done to enhance further inclusion into sport for persons with different abilities, compared to the literature review findings. A study critique concludes the dissertation. CHAPTER TWO: History of disability 1.0 Introduction 1.1 History People with different abilities better known in society as people with a disability have always been in existence. For many different reasons they have become more present in the twenty first century than before. About ten percent of the population is considered to have different abilities and the parliament directives of the late twentieth century improved the accessibility and availability of services and facilities for this group which is considered to be the largest minority group in society. This resulted in more individuals with different abilities going along more easily with their daily living. These people are being more recognized in society even in sport. Athletes with different abilities have been participating since at least the last hundred years. However it has only been from recent times that these athletes started receiving the appreciation that they merit and have also been recognized as athletes. The roots of the link between sport and disability to disability sport started primarily during the 20th century and developed into a new movement. This movement has developed up to the point so as to include the complexity of its members and also restructuring of its aims and visibility. Athletic opportunities have expanded so as to have individual accomplishments of athletes with different abilities. These overlooked and unseen sportspersons are gaining increased recognition firstly as athletes and above all as humans with different abilities. Exceptional performances by top athletes with different abilities are purely seconds or tenths of seconds behind those of top able-bodied athletes, in sport disciplines like downhill skiing and swimming. Athletes with bi-lateral leg amputations finished a hundred metre race in 10.85 seconds and others with less severe impairments finished in even less time. A top male wheelchair athlete finishedd a marathon at an average of 3.5 minutes per mile and managed to complete marathons in almost ninety minutes or less, while a female wheelchair athlete did the same marathon in an hour and forty nine minutes. 1.2 Definition of Disability The terms functioning and disability must be defined clearly in order to understand the interrelationship between functioning and disability. The term â€Å"functioning† describes the functions and structures of the body. It helps to grasp an individual’s interaction with a health condition and the environmental and personal contexts. Disability is viewed as the result of the interaction between individual functioning and the environment when linked with a health condition. The level of difficulty is highly dependent on the degree of functional autonomy and independence of persons living with disabilities, be they sensory, physical or mental. Accordingly, functionality is defined as the ability to perform those activities necessary to achieve well-being through interaction between the biological, the psychological (cognitive and affective) and the social spheres (Sanhueza Parra, 2005), and whose loss entails the risk of disability and dependence. Care thus avoids what M orris (2001) terms the social construct of dependence, which negates the individual. For people with disabilities, respecting their right to care gives them access to assistance from others and to essential technical aids, and a physical and social environment that is adapted to their particular impairment. Following the environmental approach taken by WHO, functional autonomy may therefore be defined as the ability to perform functions related to daily life, such as those activities necessary to achieve well-being through appropriate interaction between the biological, the psychological (cognitive and affective) and the social. This enables the individual to live in the community with little or no help from others, albeit with assistive technology. (United Nations, 2012 pg 183) Very often, lay and, sometimes, professional people do not seem to make a distinction between such terms as Impairments, Dis-abilities, Handicaps. These are often taken to mean one and the same thing. But this is wrong. The World Health Organisation, in 1980, published a manual titled International Clasification of Impairments, Disabilities and Handicaps, whereby, three distinct and independent were proposed, each relating to a different plane experience. †¦ Disability is â€Å"any restriction or lack (resulting from an impairment) of ability to perform an activity in the manner or within the range considered normal for a human being†. It represents objectification of an impairment and, as such, reflects disturbance at the level of the person. †¦ Disability is concerned with abilities in the form of activities and behaviour a person`s body is expected to carry out as essential components of every day life, such as represented by tasks, skills, and behaviour. Disability signifies a departure from the normal in so far as the performance of the individual is concerned as opposed to that of the organ or mechanism. ( Troisi, 1992 pg 3 4) CHAPTER THREE:  LITERATURE REVIEW Young people are often seen as challenges to most people in society. This is exactly what the article â€Å"Positive Youth Development through Sport† edited by Nicholas L. Holt declares. According to Holt speaking from the perspective of Positive Youth Development (PYD), argues that young people are frequently pointed out as problems in society waiting to be solved. However young people are understood to embody potential, awaiting development. Holt points out that sport itself provides a developmental context that has been associated with PYD, but sport on its own does not lead to PYD. In fact he points out that in some environments there are instances when negative outcomes arise from sport participation. Thus it is the manner in which sport is structured and delivered to children that influences their development. Nicholas Holt quotes Larson and expresses that, organized activities can provide youth with opportunities to experience positive development. He states that sport is the most popular organized activity into which youth engage (Larson and Verma 1999). Both theory and research point out the importance of structural out-of-school-time (OST) activities as important assets in the positive development of youth (Mahoney et al. 2005). Holt in his article says that youth participation in organized sports has been linked to indicators of adolescent’s physical, social, psychological, and achievement related behaviour and development. Researchers (Barber et al. 2001: Eccles et al. 2003) found that, in comparison to non-participants, youth who participate in sport enjoyed attending school more, received more frequent educational and occupational support, had higher academic performance, longer periods of tertiary education by age 25, and attained a job at age 24 that offered autonomy and a promising future. Although there where diverse research findings regarding the relationsip of sport participation and alcohol use, some found a relationship between sport participation and a lower level of alcohol use (Peretti-Watel et al 2003). Other findings indicated a positive relationship between sport participation and alcohol use. Sport participation has also been consistently linked to a lower use of cigarettes, mariju ana, cocaine, and ‘other drugs’ (Page et al 1998). Furthermore it was also related to lower rates of depression and lower incidence of suicidal behaviour. Researchers and youth advocates have proposed important benefits of sports involvement. However, to date, little research has accounted for the dynamic ways in which youth spend their free time. A book entitled No one`s perfect, tells the story of a Japanese Boy who despite being born without arms and limbs he managed to do it his way into sport. This Japanese little boy, named Ototake, came home from school one day and told his parents he had signed up to play basketball. In contrary to other parents who would be delighted to such a request, they where shocked. Oto was born with no arms and no legs. Despite his disability, this extraordinary young man has always proven a hard-worker, rich in versatility and with an upbeat approach to life. This positivity served him as valuable as limbs. No Ones Perfect is his true account of how he slam-dunked one challenge after another, including basketball. Ototake says that thanks to having short arms and legs plus a wheelchair, he was a winner in the popularity department. He found himself always the centre of a circle of friends. With time the typical willfulness of an only child began to kick in. Ototake maintains that at first break time, when everyone would be playing tag in the playground, or physical education lessons, were dead boring for him since with his power wheelchair he could not keep up with his friends. Thus he usually yelled for them to come and play with him: â€Å"If you want to play in the sandbox, follow me!† Strangely enough, the kids who had been happily chasing one another a short while before would all troop after the wheelchair to the sandbox. Ototake highlights that looking back to school days, most people with disabilities admit that recess was the worst part of their day. This is that particular time when ordinary children, unless they are real bookworms, would enjoy. The main reason is that for disabled kids the forty five to fifty minutes of a class period pass quickly enough while they sit quietly in their seat, but during breaks, when they can`t join in the fun their classmates, they feel greater sense of isolation so they can`t wait for recess to be over.

In the book aptly titled Hannibal Essay

In the book aptly titled Hannibal, Serge Lancel provided a nitty-gritty exposition of Rome’s Great Commander life history. Through this book, Lancel aims to provide a concise account of Hannibal’s greatness to enlighten some misconceptions about the hero, and to outline how Hannibal reached the summit of success, in terms of war. The book explicates Hannibal’s historical biography from childhood up to the moment of his downfall, to give the reader a clear picture of Hannibal’s attributes, strengths, weaknesses, and most especially his essential characteristics that made him a true hero. Lancel does not only establish Hannibal’s internal complexities but he also provided a precise status quo of the Carthaginian world throughout the progression of the Great Commander’s life history. With this, Lancel successfully sketched the annihilation of Hellenistic world and the ascension of Rome. Hannibal was brought in to world in 247 BCE at Carthage, which was experiencing a tremendous loss from Rome during the First Punic War (264-241). The domination of Rome during this period has a great influence to young Hannibal’s life because he was the eldest son of a Carthaginian general named Hamilcar Barca. At the age of ten, Hannibal witnessed the step by step triumph of his father through the latter’s accomplishment of other territories for the expansion Carthage empire. Many believed that Hamilcar compelled Hannibal to make a promise that the latter will have a perpetual abhorrence to the Roman Empire. Lancel posited that these could be hearsay only but this event could be true since Carthaginians have all the reasons to detest the Romans. When Hamilcar died in 229 BCE, Hasdrubal the Fair (Hamilcar’s son in-law) assumed the position, and during his reign he changed the landscape warfare by promoting diplomatic means. Eight years after, Hasdrubal was assassinated, which paved way for Hannibal’s commandership over the Carthaginian militia in Iberia. From diplomatic practice, Hannibal went back to his father approach of battle, which is aggressive in nature. His first attack was towards the natives of Salamanca in 220 BCE, followed the seizure Santagnum, which led to a conflict with the Romans because during Hasdrubal supremacy, Carthage and Rome made a treaty to prevent any disagreement between the two empires. Carthage and Rome underwent a negotiation, and while it is going Hannibal continued his goal of extending his territory. When he completely invaded the Iberian Peninsula the Carthage-Rome relationship worsened and catapulted the Second Punic War. Rome sent out reinforcement in Sicily, while Hannibal made a bold move in beleaguering Italy before the former can prepared themselves in the waging war. The existing war gave Hannibal an opportunity to get the support Gaul militia, which in the end made his army more powerful, and resulted, to his second triumph at Trebia River. In March 217 BCE, the Great Commander winning streak perpetuated though in an unfortunate event he lost one of his eyes (some historians posited that this due to opthamalia) during the war. Roman militia’s power diminished as the war went on, in an unexpected happenstance their consul Flaminius was ambushed near the Trasimene Lake. Because of this, Hannibal exterminated two Roman legions, but it did not stop Rome and its allies from engaging and continuing the war. Instead, they aggravated the conflict when Quintus Fabius Maximus was chosen to be Rome’s dictator. The Roman council suggested an end-all be-all war, in which they were successful at its first battle at Cannae but they were eventually defeated when Carthaginian army overwhelmed them in a circular formation. Several of Roman allies was so disappointed with result of the Second Punic War, they decided to turn their back with Rome and decided to join the Carthage Empire. Then at age of thirty, Capua was established as Hannibal’s capital in Italy. He commanded his brother Mago Barca to relate the good news in Carthage and in doing so; Mago decanted hundreds of golden rings taken from the decimated cadavers of Roman army, while he was entering the entrance hall of the Carthaginian senate. Nevertheless, Roman council, along with their remaining allies, still resisted any agreement with Hannibal. Then the Great Commander decided to make an alliance with the Macedonian empire, which he acquired through the approval of King Philip V of Macedonia. With this approval, the Carthaginian forces were joined by Syracuse forces in 214 BCE. Rome did not falter; instead, they started an alliance with the Aetolia since this Greek town has a dispute with Macedonia. In the undying desire of Hannibal to expand his territory, he pursued Cumae and Puteoli ports, in order for him to strengthen his militia, but due to this, Rome found an opportunity to regain its nation’s confidence and to start anew because Hannibal neglected his offensives in Central Italy. In 212 BCE, Hannibal tasted his first failure.

Ermogenous V Greek Orthodox Community of Sa Inc. [2002] Essay

1. CITATION. Ermogenous v Greek Orthodox Community of SA Inc. [2002] HCA 8; 209 CLR 95; 76 ALJR 465; 187 ALR 92 (7 March 2002) 2. COURT. HIGH COURT OF AUSTRALIA FULL COURT GAUDRON, McHUGH, KIRBY, HAYNE and CALLINAN JJ ERMOGENOUS, Spyridon APPELLANT v GREEK ORTHODOX COMMUNITY OF SA INC RESPONDENT 3. BRIEF STATEMENT OF MATERIAL FACTS. [1] The appellant alleged that he had been employed by the respondent since 18 March 1970 but had not received any entitlements to annual leave or long service leave upon termination of his employment in December 1993. The Magistrate from the Industrial Relations Court of South Australia found in favour of the appellant in the first instance but the Supreme Court of South Australia overturned the Industrial Magistrates ruling at the first appeal. It has been re-appealed to the Full Court of the High Court of Australia. 4. PROCEDURAL HISTORY. South Australia Industrial Relations Court [2] The case was first brought to the South Australia Industrial Relations Court and was heard by the Industrial Magistrate. The Magistrate found in favour of the appellant stating that the appellant had been employed under a contract of employment by the respondent for 23 years. [3] The respondent’s statement that there in fact was no contract of employment was rejected on the grounds that the appellant was recruited from America for the purpose of appointment as Archbishop and the role as head of the Australian autocephalous church. He met with â€Å"members of the committee of management of the South Australian Community† and at such a time an agreement was reached that he â€Å"would be paid similarly to the priest† and would be referred to as one of the â€Å"employees†. [4] Further evidence of the existence of legal relations between the parties was the respondent’s actions. The respondent deducted tax from the appellant’s salary, which was then forwarded to the Australian Tax Office (ATO). The respondent also provided evidence in the form of certificates stating the existence of an employer relationship to  the appellant, who was the employee. Supreme Court of South Australia [5] The decision of the Industrial Court was appealed to the Supreme Court of South Australia whereupon the case was heard by Doyle CJ and Bleby J. It was proposed that the presence of intention to enter into contractual relations should not be presumed, particularly when considering â€Å"remuneration and maintenance and support of a minister of religion†. [6] The Supreme Court reconsidered the Industrial Magistrates ruling that the parties had entered legal relations and had shown intention to do so. [7] His Honour Doyle CJ stated that â€Å"it is important to bear in mind that the [respondent] is not a church, in which the [appellant] held a clerical office†¦ The [respondent] is a body that fosters Greek culture in South Australia in the broadest sense†. He later went on to say â€Å"[i]n considering the inference to be drawn from the discussions in Adelaide, it is also relevant that the [appellant] was not providing services to the [respondent], but to members of the local Greek Orthodox Church†. 5. GROUNDS FOR APPEAL AND/OR ISSUES TO BE DECIDED. [8] Four issues were raised as the grounds for appeal. The first being whether the Full Court of the Supreme Court of South Australia had erred in any way in their decision that the Magistrate of the Industrial Relations Court of South Australia failed in considering if enforceable contractual relations had actually been entered into by the parties. [9] Secondly, relevant upon a negative decision of the first issue, whether the Supreme Court failed to consider the Industrial Magistrate’s reasons for deciding in regards to the issue of intention to create legal relations. [10] The third issue brought to the attention of the court was whether the Industrial Magistrate erred in his reasoning that enforceable contractual relations had been entered into by the parties on the consideration of the spiritual profession of one, or both, of the parties. [11] The final issue raised in the grounds of appeal was whether the Industrial Magistrate was correct in concluding that the parties h ad indeed entered into a contractual relation, being a contract of employment. 6. SUMMARY OF COURT’S ANALYSIS OF LAW. [12] The Court agreed with the Industrial Magistrate’s rejection of the proposition â€Å"that the relationship of a minister of religion to those who  provided for the minister’s necessities of life was, of its nature, incompatible with a contract of employment†. [13] As mentioned in Intention & Privity (2007), â€Å"discerning intention warrants intricate analysis of the facts – intention cannot be presumed purely based on the context or type of the agreement†. Similarly, the court considered the following matters: What was the subject matter of the agreement? What was the status of each party to the formation of the agreement? And, what was the relationship the parties held to each other? [14] The Archbishop was successful in establishing a ‘meeting of the minds’ during the initial talks and negotiations held in Adelaide in 1970 and as a result the Court found in favour of the appellant and that a contract of employment had been en tered into between the parties and further was enforceable by law. 7. PRINCIPLE OF LAW TO BE APPLIED. [15] The principle of law to be applied to the case is ‘intention to create legal relations’ and whether relationships involving the basis of religion would have an effect on the existence of a contractual relationship. [16] Their Honours made note that â€Å"it is said that it may be presumed that there are some â€Å"family arrangements† which are not intended to give rise to legal obligations and it was said in this case that it should not be presumed that there was an intention to create legal relations because it was a matter concerning the engagement of a minister of religion. For our part, we doubt the utility of using the language of presumptions in this context. †¦ Reference to presumptions may serve only to distract attention from that more basic and important proposition.† 8. DESCRIPTION OF HOW LAW APPLIED TO THE FACTS. [17] The character of the employment arrangement is continuously evolving, but in this case, their Honours interpreted the respondent’s actions: the respondent arranged to have income tax deducted from the appellant’s salary as well as issuing to the appellant cheques for travel and a variety of other incurred expenses. It was then reasonable to conclude that both parties had in fact entered into contractual relations of an employment nature which is enforceable at law. 9. DECISION. [18] The case was found in favour of the appellant with the first issue raised being decided in the affirmative, leaving the second issue non-existent as it does not arise. The decision of the third issue was negative. The fourth issue was remitted back to the Supreme Court for decision under the Full Court. 10. ORDER MADE BY THE COURT. [19] The appeal was allowed with costs and the issue of â€Å"[whether] the Industrial Magistrate correctly held that the relationship between the parties was regulated by a contract enforceable at law, it was, as he found, a contract characterised as a contract of employment†. Remit the matter to that Court for further hearing and determination conformably with the reasons of this Court. 11. SOCIAL OR CULTURAL CONTEXT. [20] Maria Keyes and Kylie Burns discussed the social context of the case in Contract and the Family: Whether Intention. They claim that â€Å"intention to create a contractually enforceable agreement is regarded as an immovable aspect of modern contract doctrine†. They continued to discuss the case in length, referring to the joint judgement given in the High Court: â€Å"The joint judgment recognised that the presumptions had been elevated to such an extent that they had become difficult, if not impossible, to rebut. Their Honours believed–correctly, in our view–that the presumptions of fact, which should merely signify where the onus of proof falls, had ossified into strict rules of law†. [21] Rogers CJ stated in Banque Brussels Lambert SA v Australian National Industries Ltd (1989) 21 NSWLR 502 that â€Å"[t]he whole thrust of the law today is to attempt to give proper effect to commercial transactions†¦. If the statements are appropriately promi ssory in character, courts should enforce them when they are uttered in the course of business and there is no clear indication that they are not intended to be legally enforceable†. ——————————————– [ 1 ]. (1997) 64 SAIR 622 at 651. [ 2 ]. (1997) 64 SAIR 622 at 651-652. [ 3 ]. [2000] SASC 329; (2000) 77 SASR 523 at 524-525 [4] per Doyle CJ, 575-576 [207] per Bleby J. [ 4 ]. (2000) 77 SASR 523 at 526 [9] [ 5 ]. (2000) 77 SASR 523 at 528 [17] [ 6 ]. [2002] HCA 8 at 56 [ 7 ]. 2007, Intention & Privity, The Future Role of Presumptions, StudentAtLaw [ 8 ]. (2002) 209 CLR 95 [ 9 ]. [2002] HCA 8 at 80 [ 10 ]. [2002] HCA 8 at 53 [ 11 ]. [2002] HCA 8 at 52 [ 12 ]. Keyes, Maria and Burns, Kylie 2002, Contract And The Family: Whether Intention? [ 13 ]. Keyes, Maria and Burns, Kylie 2002, Contract And The Family: Whether Intention? [ 14 ]. Banque Brussels Lambert SA v Australian National Industries Ltd (1989) 21 NSWLR 502, 523 and Keyes, Maria and Burns, Kylie 2002, Contract And The Family: Whether Intention?

The Apartheid Of South Africa - 1159 Words

During the year of 1948, the lives of south Africans changed forever. The National Party, which was an all-white government, gained power and created hell for non-white citizens, their goal was to have white people continue to dominate the country and to keep each race separated from each other; even though at the time whites were only 20% of the population. The apartheid, which literally means â€Å"apartness† lasted until 1991, and during this time many acts were passed. One being that â€Å"non-white Africans were forced to live in separate areas from whites, and use public facilities separately. Contact between groups was limited.† (History.com) As for woman specifically, since they are â€Å"regarded as dependents and are inferior to men†¦Ã¢â‚¬  (anc.org) they were even further discriminated against during the apartheid. In rural areas, specifically, a woman’s workload increased dramatically as they tried to produce enough food off the land to feed th eir families. Many men were absent from their rural homes due to being a migrant laborer, which were poorly paid. The combined workload of caring for a family, the land, and themselves all alone, is the direct result of apartheid laws. When the apartheid ended, the hardships still effected everyone’s lives, and not in a good way. In the novel, Disgrace by J.M Coetzee a young woman named Lucy lives in south Africa after the apartheid, or post-apartheid, on a farm alone. Her father David eventually comes to live with her because he lost his jobShow MoreRelatedApartheid in South Africa1118 Words   |  5 PagesApartheid In South Africa APARTHEID Apartheid is the political policy of racial segregation. In Afrikaans, it means apartness, and it was pioneered in 1948 by the South African National Party when it came to power. Not only did apartheid separate whites from non-whites, it also segregated the Blacks (Africans) from the Coloureds (Indians, Asians). 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South Africa got free from racial discrimination when Nelson Mandela took a step became the first black prime minister of South Africa. Contemporary South Africa is now economically strong and it is completely a racial free state. The contemporary South Africa is now in race with every state in every field. Before 1994 South Africa was completely under control of Apartheid. WHO IS APARTHEIDRead MoreThe Apartheid Of South Africa1108 Words   |  5 PagesApartheid in South Africa Every country has a story to how it made a name for itself regardless if it was good or bad. Today the beautiful South Africa is known as the rainbow nation, for it’s diversity in culture. However, that name was earned after many blood rivers and broken homes.These â€Å"blood rivers and broken homes† I speak of occurred during an era called Apartheid. The name â€Å"Apartheid† is an afrikaans name which means segregation. It took fifty years for South Africa to redeem itself fromRead MoreThe Apartheid Of South Africa1510 Words   |  7 PagesFrom 1948 to 1994, South Africa encountered segregation and ill treatment of its own people deriving from its own national party also known as apartheid, an all-white government. They sought to move the South African people to make way for an all-white South Africa. In their stride to achieve this, the laws they imposed on them made their lives harder; despite this, the persecuted sought freedom. Through all this some belie ve that the apartheid was easily ended. It can be argued this from the factRead MoreApartheid in South Africa711 Words   |  3 PagesRacial discrimination dominated South Africa in 1948, and this was further witnessed when the ruling party made the discriminatory apartheid policy into law, in the same year (Pfister, 2005). 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Referred to as the living embodiment of black liberation, Mandela specifically fought against the government system of South Africa known as apartheid (Lacayo, Washington, Monroe, Simpson). Apartheid is an Afrikaan word meaning apartness and was a system of racial segregation for the South African people from 1948 until F.W. de Klerk became president in 1991. Although Nelson Mandela was both literally and metaphorically imprisoned by South Africa’s racist ideologiesRead MoreApartheid in South Africa1154 Words   |  5 Pagesbring an end to Apartheid in South Africa because he was a believer in basic human rights, leading both peaceful and violent protests against the white South African Government. His beliefs landed him in prison for twenty-seven years, almost three decades. In doing so, he became the face of the apartheid movement both in his country and around the world. 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