Page 172 - Human Rights
P. 172

Faculty of Nursing
                                                                   Adult care Nursing Department



               Thus,  a  graded  hierarchy  of  responses  to  noncompliance  with  the  recommendations  and

               instructions of the regulatory entity develops.


               This  enforcement  pyramid  intends  to  develop  regulators’  capacity  to  adapt  to  the  current
               circumstances.


                The adopted model is not static but rather dynamic, depending on various circumstantial fac tors.

               Responsive regulation presupposes that the cultural diversity between regulated organizations
               justifies the use of discriminatory power.


               That is, organizations are distinct and thus, should be dealt with in a differentiated fashion.


                Since  contingency  is  the  base  of  this  model,  a  hierarchy  in  the  use  of  regulatory  tools  is

               fundamental. It is not possible to consider standardized use.


               To  effectively  regulate  organizations’  practices,  an  evaluation  of  each  situation  is  required,
               followed by an appropriate intervention with the relevant regulatory instruments.


               It is possible then to grade regulation-measuring instruments as these tools should have more

               significant  weight  in  financial,  technical,  and  mate  rial  resources  when  the  organization’s
               performance is weak.


                This notion is partly related to the concept of empowerment associated with regulation.


               An  effective  regulatory  system  should  be  developed  with  the  purpose  of  improving  the

               performance of organizations, with characteristics such as contingency and hierarchy contributing

               decisively.

                Regulatory agencies resort to distinct mechanisms depending on the organization’s performance

               and cooperation with regulatory authorities (Baldwin and Cave 1999).


               When there are signs of bad behavior that put compliance at



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