Search results for: United Nations Convention on the Rights of Persons with Disabilities

Authors: Pál Mészáros

Abstract:

The aim of this research topic is to examine civil law consequences caused by crimes committed in the digital space. During the commission of certain crimes, not only the rights of one person are violated, but also the rights of an entire institution, for example, if the information system of a university is attacked. The consequences of these crimes committed in the digital space may also be that the victim himself is liable to other third parties, for example, in the event that health data comes into the possession of unauthorized persons, and it can be proved that the service provider's IT system was inadequate. An interesting question may also be the civil liability of credit institutions if someone becomes a victim of fraud but is not expected from him/her to notice the fraud. In such a case, the liability of the credit institution may arise if they do not respond in time in the case of unauthorized bank transactions. Based on the above, the main topic of the research is the civil liability of the victim, or another person or company related to the victim in the case of damages caused by crimes.

Keywords: civil liability, digital crimes, transfer of responsibility, civil law

Procedia PDF Downloads 64

Authors: Anil Kumar Kursenge

Abstract:

In the State of united Andhra Pradesh, many Adivasi People live in areas rich in living and non-living resources, including forests that contain abundant biodiversity, water and minerals. Of united Andhra Pradesh 76.2m population, over five million are Adivasi population of forest landscape. They depend on forests for a substantial part of their livelihoods and close cultural affinity with forests. However, they are the most impoverished population of the State, and the high levels of poverty in Andhra Pradesh forest landscapes are largely an outcome of historically-rooted institutionalised marginalisation. As the State appropriated forests and forest land for itself, it deprived local people of their customary rights in the forest. The local realities of the forest rights deprivations are extremely complex, reflecting a century and a half of compounded processes. With growing population pressure and ever-increasing demands for natural and mineral resources, Adivasi Peoples' lands, which are often relatively rich in resources, become more and more attractive to 'developers.' The development projects and institutionalised marginalisation have been deprived Adivasi people's rights over natural resources has resulted in serious negative effects on Adivasi people and on their lands. Historically, the desire for development for such resources has resulted in the removal, decimation, or extermination of many tribal communities. These deprivations have led to highly conflictual relations between the State and the Adivasi people and forest areas in Andhra Pradesh. Today, the survival of the Adivasi Peoples requires recognition of their rights to the forest resources found in their lands and territories on which they depend for their economic, cultural, survival, spiritual and physical well-being. In this context, this paper attempts to discuss the issues of deprivation with regard to access to forest resources and development projects where many Adivasis in State uprooted from their homes and lands.

Keywords: tribal people, forest rights, livelihoods, deprivation, marginalisation, Andhra Pradesh

Procedia PDF Downloads 201

Authors: Elizabeth Carthy

Abstract:

There is growing recognition that sexual exploitation and abuse (SEA) perpetrated by humanitarian workers is widespread, most recently affirmed by allegations of high-ranking Oxfam officials paying women for sex in post-earthquake Haiti. SEA covers a range of gendered abuses, including rape, sexual assault, and ‘transactional’ or ‘survival’ sex. Holding individuals legally accountable for such behaviors is difficult in all contexts even more so in fragile and conflict-affected settings. Transactional sex, for the purposes of this paper, refers to situations where humanitarian workers exchange aid or assistance for sexual services. This paper explores existing organizational accountability measures relating to transactional sex engaged in by international humanitarian workers through a descriptive and interpretive case study approach-examining the situation in Haiti. It comparatively analyses steps the United Nations has taken to combat this problem. Then it examines the possibility of domestic legal accountability for such conduct in Haiti. Finally, the paper argues that international human rights law can fill in potential gaps in domestic legal frameworks to ensure states hold humanitarian workers and potentially organizations accountable for engaging in and/or perpetuating this gendered abuse of power.

Keywords: gender-based violence, humanitarian action, international human rights law, sexual exploitation

Procedia PDF Downloads 165

Authors: Tryastuti I. B. Manullang, Juang Sunanto

Abstract:

This study aimed to find the perspectives of the Toba Batak education stakeholders towards the education of children with disabilities in Toba Samosir North Sumatra Indonesia. The education stakeholders consist of a head of the education department in Toba Samosir, head of the H foundation, two principals and three teachers from the Special Primary Schools. This study uses qualitative a descriptive approach and research data obtained through interviews. The results of this study demonstrate that the education stakeholders knowledge about disabilities needs improvement in accordance with the development of science. The cultural views towards disability and its implications, and the education services available for children with disabilities, in addition, to encountered its problem in Toba Samosir are known. The education concept considered appropriate is the special school and the CBR (Community Based Rehabilitation) strategy, also inclusive education because it represents the Toba Batak philosophy.

Keywords: community based rehabilitation, education concept, education stakeholders, inclusive education

Procedia PDF Downloads 336

Authors: Uche A. Nnawulezi

Abstract:

This study evolved from the need to look at and evaluate the difficulties in the domestication of International Laws and Human Rights Laws in Nigeria. Essentially, the paper-based its examination on documentary evidence and depended much on secondary sources, for example, textbooks, journals, articles, periodicals and research reports emanating from suggestions of international law experts, jurists and human rights lawyers on the development challenges in domesticating international laws and human rights laws in Nigeria. These data were analyzed by the application of content analysis and careful observation of the current municipal laws which has posed great challenges in the domestication of International laws. This paper might follow the historical backdrop of the practices in the use of International law in Nigeria and should likewise consider the challenges inherent in these practices. The paper suggests that a sustainable domestication of International Laws and its application in Nigerian courts will ensure a better enforcement of human rights within the domestic jurisdiction.

Keywords: international law, human rights, domestication, challenges

Procedia PDF Downloads 246

Authors: Yu Ling Chang

Abstract:

Since the United Nations announced Universal Declaration of Human Rights in 1948, people are paying more and more attention to the value of lives. On the other hand, life education is being vigorously pushed in different countries. Unfortunately, the results have been only moderately successful by reason that the concept is not implemented in everyone’s daily life. Even worse, animal abuse and killing events keep happening. This research is focused on generalizing a conclusion from different countries’ Animal Protection Act and actual execution by case studies, in order to make an approach of whether the number of animal abuse is directly influenced by different laws and regimes or not. It concludes the central notion and spirit of Animal Protection Act in German, Japan, and Taiwan. Providing the reference of specific schemes and analysis based on Taiwanese social culture.

Keywords: animal abuse, Animal Management Act, Animal Protection Act, social culture

Procedia PDF Downloads 215

Authors: Afaf Manzoor, Abdul Hameed

Abstract:

Hopes to attend school is the most effective means to overcome the burden of disability and become a self-reliant, productive citizen. The objectives of the study were to develop a valid and reliable scale to measure hopes of out of school children with disabilities and find an association between hopes and various demographic factors such as type of disability, gender, socio-economic status, and locale, etc. Child Hope theory by Snyder (2003) was used as a framework to develop a measure for the hopes of children. According to this theory, hope is defined as a set of cognition that includes self- perception which establish routes to achieve desired goals (pathways) and motivation for achieving the goals (agency). By applying this theory, inclusion hope scale was developed and validated. The data were collected from 361 out of school children with disabilities living in three districts (Lahore, Sheikupura, Kasur) of Lahore Division by using the cluster sampling technique. Findings of the study indicated that children with intellectual challenges were more hopeless as compared to other types of disabilities. Similarly, children living in urban areas have better hopes for inclusion in school. However, no gender disparity was found in terms of being hopeful to attend schools. The study also includes recommendations to improve hopes for educational inclusion among out of school children with disabilities.

Keywords: out of school children, disability, hopes, inclusion

Procedia PDF Downloads 173

Authors: Shakhawath Hossain, Tazkia Tahsin

Abstract:

Introduction/Background: Intellectual disability is a disability characterized by significant limitations both in intellectual functioning and in adaptive behavior, which covers many everyday social and practical skills. Vocational education is a multi-professional approach that is provided to individuals of working age with health-related impairments, limitations, or restrictions with work functioning and whose primary aim is to optimize work participation. Instrumental Activities of Daily Living activities to support daily life within the home and community. Like as community mobility, financial management, meal preparation, and clean-up, shopping. Material and Method: Electronic searches of Medline, PubMed, Google scholar, OT Seeker literature using the key terms of intellectual disability, vocational rehabilitation, instrumental activities of daily living and Occupational Therapy, as well as a thorough manual search for relevant literature. Results: There were 13 articles, all qualitative and quantitative, which are included in this review. All studies were mixed methods in design. To take the Occupational Therapy services, there is a significant improvement in their children's various areas like as sensory issues, cognitive abilities, perceptual skills, visual, motor planning, and group therapy. After taking the vocational and instrumental activities of daily living training children with intellectual disabilities to participate in their daily activities and work as an employee different company or organizations. Conclusion: The persons with intellectual disability are an integral part of our society who deserves social support and opportunities like other human beings. From the result section of the project papers, it is found that the significant benefits of Occupational Therapy services in the aspects of vocational and instrumental activities of daily living.

Keywords: occupational therapy, daily living activities, intellectual disabilities, instrumental ADL

Procedia PDF Downloads 130

Authors: Ghassan Kbar, Shady Aly, Ibrahim Alsharawy, Akshay Bhatia, Nur Alhasan, Ronaldo Enriquez

Abstract:

The Smart Help for persons with disability (PWD) is a part of the project SMARTDISABLE which aims to develop relevant solution for PWD that target to provide an adequate workplace environment for them. It would support PWD needs smartly through smart help to allow them access to relevant information and communicate with other effectively and flexibly, and smart editor that assist them in their daily work. It will assist PWD in knowledge processing and creation as well as being able to be productive at the work place. The technical work of the project involves design of a technological scenario for the Ambient Intelligence (AmI) - based assistive technologies at the workplace consisting of an integrated universal smart solution that suits many different impairment conditions and will be designed to empower the Physically disabled persons (PDP) with the capability to access and effectively utilize the ICTs in order to execute knowledge rich working tasks with minimum efforts and with sufficient comfort level. The proposed technology solution for PWD will support voice recognition along with normal keyboard and mouse to control the smart help and smart editor with dynamic auto display interface that satisfies the requirements for different PWD group. In addition, a smart help will provide intelligent intervention based on the behavior of PWD to guide them and warn them about possible misbehavior. PWD can communicate with others using Voice over IP controlled by voice recognition. Moreover, Auto Emergency Help Response would be supported to assist PWD in case of emergency. This proposed technology solution intended to make PWD very effective at the work environment and flexible using voice to conduct their tasks at the work environment. The proposed solution aims to provide favorable outcomes that assist PWD at the work place, with the opportunity to participate in PWD assistive technology innovation market which is still small and rapidly growing as well as upgrading their quality of life to become similar to the normal people at the workplace. Finally, the proposed smart help solution is applicable in all workplace setting, including offices, manufacturing, hospital, etc.

Keywords: ambient intelligence, ICT, persons with disability PWD, smart application, SHW

Procedia PDF Downloads 423

Authors: Fatemeh Jafari Hemmat Abadi

Abstract:

Through empathy, caring, and nurturing, benevolent leaders can help people with disabilities overcome the stigma of disability and smile at their work environment and work. The main purpose of our research is to examine the performance of people with physical disabilities in virtual teams across geographical, cultural and linguistic barriers around the world. Our results show the relationship between benevolent leadership and the three components of well-being among administrative staff, disability including perceived discrimination, job satisfaction and the need for improvement. The two factors identified for productivity are pervasive team attitudes in the team and proper leadership by the team leader.

Keywords: benevolent leadership, virtual teams, group attitudes pervasive, climate including disability

Procedia PDF Downloads 163

Authors: Fadzayi M.Maruza

Abstract:

The conversation about diversity in the African academy focuses on the need for an international and ethnically diverse population of scholars and students. Operationalising the concept of cognitive diversity offers us an opportunity to broaden our conception of who can know and who can proclaim knowledge by availing new understandings of what knowledge is and how it is made. Limited attention is paid to the value of diversity generated by cognitive disabilities in the African academy. The inclusion of persons with minds labelled disabled in African academia requires an epistemology of disability to reform the still dominant notion of the expert and scholar as an able-bodied and hyper-rational in African academia. This review wants to explore how cognitive disabilities have been represented in higher education research in Africa or has the African academy reinforced ignorance by promoting an able-bodied academia. The review aims to tackle its exploratory objective by using Malcom Tights framework. The main questions this paper would focus on are: (I)What are the major disability themes and concerns discussed in the disability-related articles? (II)What are the major methods or methodologies used to address the topic in the papers? (III)What are the levels of analysis the papers focus on? (IV)How do higher education researchers define and represent cognitive disabilities in higher education research in Africa? To answer the exploratory questions that are aimed at mapping the disability-related higher education research landscape, Malcolm Tights’ framework is seen as most appropriate. In addition to a thematic categorization, that shall be made after reviewing of published empirical studies on disability in African higher education from the period 2010 – 2017. A synthesis of the findings and implications of African disability studies relating to students with cognitive disabilities in the African Academy will be provided using the categories suggested by Tight as a benchmark. Data for the proposed work shall be taken from well-reputed higher education journals between 2010 and 2017.Using the keyword ‘Disability’ in the titles, abstracts and keywords section of journal articles, a selection of disability-focused higher education articles shall be compiled for analysis regarding cognitive disability. It has to be noted as a limitation that the word Disability might not be sufficient to investigate the topic for there can be many more specific disabilities concerns the researchers would discuss. Therefore, the paper is only intended to give a bird’s eye view of cognitive disability in higher education research and therefore is not comprehensive. The paper is expected to shed some light for me, as a beginning researcher, and other researchers like myself as to what has been the focus of higher education researchers about cognitive disability in the African academy. Keywords: Cognitive diversity, cognitive disability, disability, higher education.

Keywords: cognitive disability, cognitive diversity, disability, higher education

Procedia PDF Downloads 315

Authors: Pouira Askary

Abstract:

Indeed, in our globalized world which is facing with various international crises, the transnational corporations and other business enterprises have the capacity to foster economic well-being, development, technological improvement and wealth, as well as causing adverse impacts on human rights. The UN Human Rights Council declared that although the primary responsibility to protect human rights lie with the State but the transnational corporations and other business enterprises have also a responsibility to respect and protect human rights in the framework of corporate social responsibility. In 2011, the Human Rights Council endorsed the Guiding Principles on Business and Human Rights, a set of guidelines that define the key duties and responsibilities of States and business enterprises with regard to business-related human rights abuses. In UN’s view, the Guiding Principles do not create new legal obligations but constitute a clarification of the implications of existing standards, including under international human rights law. In 2014 the UN Human Rights Council decided to establish a working group on transnational corporations and other business enterprises whose mandate shall be to elaborate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises. Extremely difficult task for the working group to codify a legally binding document to regulate the behavior of corporations on the basis of the norms of international law! Concentration of this paper is on the origins of those human rights applicable on business enterprises. The research will discuss that the social and ethical roots of the CSR are much more institutionalized and elaborated than the legal roots. Therefore, the first step is to determine whether and to what extent corporations, do have an ethical responsibility to respect human rights and if so, by which means this ethical and social responsibility is convertible to legal commitments.

Keywords: CSR, ethics, international law, human rights, development, sustainable business

Procedia PDF Downloads 387

Authors: Timothy Fwa Yerima

Abstract:

This paper evaluates the development of human rights jurisprudence in Africa by the ECOWAS Court of Justice. It traces that though ECOWAS was not established with the aim of promoting and protecting human rights as the African Court of Human and Peoples’ Rights, no doubt, the 1991 ECOWAS Court Protocol and the 1993 ECOWAS Revised Treaty give the ECOWAS Court its human rights mandate. The paper, however, points out that despite the availability of these two Laws, the ECOWAS Court had difficulty in its human rights mandate, in view of the twin problems of lack of access to the Court by private parties and personal jurisdiction of the Court to entertain cases filed by private parties. The paper considers the 2005 Supplementary Protocol, not only as an effective legal framework in West African Sub-Region that tackles these problems in human rights cases but also a strong foundation upon which the Court has been developing human rights jurisprudence in Africa through the interpretation and application of this Law and other sources of Law of the Court. After a thorough analysis of some principles laid down by the ECOWAS Court so far, the paper observes that human rights jurisprudence in Africa is growing rapidly; depicting that though the ECOWAS Court initially had difficulty in its human rights mandate, today it has a bright and visionary landing. The paper concludes that West African Sub-Region will witness a more effective performance of the ECOWAS Court if some of its challenges are tackled.

Keywords: access, African human rights, ECOWAS court of justice, jurisprudence, personal jurisdiction

Procedia PDF Downloads 350

Authors: Ghassen Kharroubi, Ines Cherif, Leila Bouabid, Adel Gharbi, Aicha Boukthir, Margaret McCarron, Nissaf Ben Alaya, Afif Ben Salah, Jihene Bettaieb

Abstract:

Influenza vaccination (IV) is recommended for elderly persons, especially those with underlying conditions. In countries where IV rates in the elderly remain unsatisfactory, exploring attitudes of older persons toward the flu vaccine could be useful to identify barriers and facilitators to IV. The aim of this study was to determine the reasons for IV acceptance or decline in the Tunisian elderly. A national cross-sectional study was conducted in 2019, among persons aged 60 years and over with chronic disease. Data were collected using a standard administered questionnaire. Of the 1191 older persons included, 19.4% received the influenza vaccine in the 2018-2019 flu season. The two main reasons that may lead to refusal of vaccination were concerns that the vaccine could cause side effects (71.5%) and a belief that the vaccine was ineffective (33.9%). The main reason that may lead to accepting vaccination was a doctor’s recommendation (41.1%). Doctors were by far the most trusted source for information regarding influenza vaccine (91.5%) followed by pharmacists (17.6%). Our results highlighted the important role that doctors could play in promoting IV among the Tunisian elderly. Physicians should correct misconceptions about adverse events and the efficiency of the vaccine. In fact, influenza vaccines are generally effective and safe among older persons.

Keywords: attitudes, influenza vaccination, older persons, Tunisia

Procedia PDF Downloads 155

Authors: Prajwal Raj Gyawali, Aastha Dahal

Abstract:

The tension between human rights and loans provided by international development banks with hidden conditions in the pretext of development is a complex issue with significant implications for the rights of citizens in borrowing countries. It is important for all parties involved, including international banks, borrowing countries, and affected communities, to consider and respect human rights in the negotiation and implementation of development projects. Yet, it is rare for human rights actors or communities to have a seat at the negotiation table when loans are finalized. In our research, we conducted negotiation simulations in law schools to examine how international loan negotiations would play out if human rights actors and communities had seats at the table. We ran the negotiation simulations in Bangladesh, Nepal and India. We found that the presence of community groups and human rights actors makes a difference in loan outcomes. While the international development loan was accepted as opposed to rejected by negotiators in three countries, the cultural values of the respective countries played a significant part in terms of the final agreement. We present the findings and their implications for the design of human rights courses in law schools as well as larger policy implications for expanding the participation of actors in international development loan negotiations.

Keywords: law, development, debt, human rights

Procedia PDF Downloads 69

Authors: M. A. H. Barry

Abstract:

The concept of Good faith (husn al-niyyah) and fair-dealing (Nadl) are the fundamental guiding elements in all contracts and other agreements under Islamic law. The preaching of Al-Quran and Prophet Muhammad’s (Peace Be upon Him) firmly command people to act in good faith in all dealings. There are several Quran verses and the Prophet’s saying which stressed the significance of dealing honestly and fairly in all transactions. Under the English law, the good faith is not considered a fundamental requirement for the formation of a legal contract. However, the concept of Good Faith in private contracts is recognized by the civil law system and in Article 7(1) of the Convention on International Sale of Goods (CISG-Vienna Convention-1980). It took several centuries for the international trading community to recognize the significance of the concept of good faith for the international sale of goods transactions. Nevertheless, the recognition of good faith in Civil law is only confined for the commercial contracts. Subsequently to the CISG, this concept has made inroads into the private international law. There are submissions in favour of applying the good faith concept to public international law based on tacit recognition by the international conventions and International Tribunals. However, under public international law the concept of good faith is not recognized as a source of rights or obligations. This weakens the spirit of the good faith concept, particularly when determining the international disputes. This also creates a fundamental flaw because the absence of good faith application means the breaches tainted by bad faith are tolerated. The objective of this research is to evaluate, examine and analyze the application of the concept of good faith in the modern laws and identify its limitation, in comparison with Islamic concept of good faith. This paper also identifies the problems and issues connected with the non-application of this concept to public international law. This research consists of three key components (1) the preliminary inquiry (2) subject analysis and discovery of research results, and (3) examining the challenging problems, and concluding with proposals. The preliminary inquiry is based on both the primary and secondary sources. The same sources are used for the subject analysis. This research also has both inductive and deductive features. The Islamic concept of good faith covers all situations and circumstances where the bad faith causes unfairness to the affected parties, especially the weak parties. Under the Islamic law, the concept of good faith is a source of rights and obligations as Islam prohibits any person committing wrongful or delinquent acts in any dealing whether in a private or public life. This rule is applicable not only for individuals but also for institutions, states, and international organizations. This paper explains how the unfairness is caused by non-recognition of the good faith concept as a source of rights or obligations under public international law and provides legal and non-legal reasons to show why the Islamic formulation is important.

Keywords: good faith, the civil law system, the Islamic concept, public international law

Procedia PDF Downloads 149

Authors: J. D. Temperman

Abstract:

Introduction: In particular, in relation to religion, the meaning and scope of freedom of expression have been tested in recent times. This paper investigates the legal justifications for restrictions that have been suggested in this area and asks whether they are sustainable from an international human rights perspective. The universal human rights instruments, particularly the UN International Covenant on Civil and Political Rights (ICCPR), are increasingly geared towards eradicating ‘incitement’ to contingent harms like violence or discrimination, whilst forms of extreme speech that fall short of such incitement are to be protected rather than countered by states. Human Rights Committee’s draft-General Comment on freedom of expression, adopted in 2011, provides another strong indication that this is the envisaged way forward: repealing anti-blasphemy and anti-religious defamation laws, whilst simultaneously increasing efforts to combat ‘incitement’. Within regional human rights frameworks, notably the European Convention system, judgments have in fact supported legal restrictions on both hate speech, holocaust denial, and blasphemy or religious defamation. Major contributions to scholarship: This paper proposes an actus reus for the offense of ‘advocacy of religious hatred that constitutes incitement to discrimination or violence’, as enshrined in Article 20(2) of the UN ICCPR. In underscoring the high threshold of ‘incitement’, the author distinguishes this offense from such notions as ‘blasphemy’ or ‘defamation of religions’. In addition to treating the said provision as a sui generis prohibition, the question is addresses whether a ‘right to be protected against incitement’ may be distilled from the ICCPR. Furthermore, the author will discuss the question of how to judge incitement; notably, is mens rea required to convict someone of incitement, and if so, what degree of mens rea? This analysis also includes the question how to balance content and context factors when addressing alleged instances of incitement, notably what factors make provide for a likelihood that imminent acts of violence or discrimination will ensue from an inciteful speech act? Methodology: This paper takes a double comparative approach: (i) it endeavours to compare and contrast monitoring bodies’ approach to incitement (notably, the UN Human Rights Committee, but also the UN Committee on the Elimination of Racial Discrimination which monitors states’ compliance with Article 4 of ICERD on incitement); and (ii) it endeavours to chart and compare and analyse from an international human rights perspective recent forms of state practice in the field of dealing with incitement (i.e. a comparative legal analysis and vertical human rights analysis of newly emerging incitement legislation in the light of the said international standards). Conclusion: This paper conceptualizes a legal notion – ‘incitement’ – encapsulated in international human rights law that may have a profound bearing on contemporary challenges of radicalization and religious strife.

Keywords: incitement, international human rights law, religious hatred, violence

Procedia PDF Downloads 308

Authors: Adriana Pereira Arteaga

Abstract:

In many Latin American countries the transition towards legal pluralism - has developed as part of what is called Latin-American-Constitutionalism over the last thirty years. The aim of this paper is to discuss how legal pluralism in its current form in Bolivia may produce exclusion and violence. Legal sources and discourse analysis - as an approach to examine written language on discourse documentation- will be used to develop this paper. With the constitution of 2009, Bolivia was symbolically "re-founded" into a multi-nation state. This shift goes hand in hand with the "indigenista" and "decolonisation" ideologies developing since the early 20th century. Discourses based on these ideologies reflect the rejection of liberal and western premises on which the Bolivian republic was originally built after independence. According to the "indigenista" movements, the liberal nation-state generates institutions corresponding to a homogenous society. These liberal institutions not only ignore the Bolivian multi-nation reality, but also maintain the social structures originating form the colony times, based on prejudices against the indigenous. The described statements were elaborated through the image: the indigenous people humiliated by a cruel western system as highlighted by the constitution's preamble. This narrative had a considerable impact on the sensitivity of people and received great social support. Therefore the proposal for changing structures of the nation-state, is charged with an emancipatory message of restoring even the pre-Columbian order. An order at times romantically described as the perfect order. Legally this connotes a rejection of the positivistic national legal system based on individual rights and the promotion of constitutional recognition of indigenous justice administration. The pluralistic Constitution is supposed to promote tolerance and a peaceful coexistence among nations, so that the unity and integrity of the country could be maintained. In its current form, legal pluralism in Bolivia is justified on pre-existing rights contained for example in the International - Labour - Organization - Convention 169, but it is more developed on the described discursive constructions. Over time these discursive constructions created inconsistencies in terms of putting indigenous justice administration into practice: First, because legal pluralism has been more developed on level of political discourse, so a real interaction between the national and the indigenous jurisdiction cannot be observed. There are no clear coordination and cooperation mechanisms. Second, since the recently reformed constitution is based on deep sensitive experiences, little is said about the general legal principles on which a pluralistic administration of justice in Bolivia should be based. Third, basic rights, liberties, and constitutional guarantees are also affected by the antagonized image of the national justice administration. As a result, fundamental rights could be violated on a large scale because many indigenous justice administration practices run counter to these constitutional rules. These problems are not merely Bolivian but may also be encountered in other regional countries with similar backgrounds, like Ecuador.

Keywords: discourse, indigenous justice, legal pluralism, multi-nation

Procedia PDF Downloads 447

Authors: Fatemeh Jalalvand

Abstract:

The critical human rights problems such as extreme poverty, hunger, inequalities and gender discrimination need to be addressed by powerful and influential actors in the world. In today’s globalization, corporations have become one of the potent agents in the society. They are capable of generating economic growth, reducing poverty, and increasing the well-being of individuals, thereby contributing to the betterment of a broad spectrum of human rights. However, the discussion on how business can contribute to human rights has primarily focused on not violating them (reactive approach) rather than improving the conditions and solving the problems of human rights (proactive approach). In particular, the role of corporate social responsibility (CSR) in bringing proactivity of business in human rights has gained less attention. This paper develops a conceptual framework to examine the role of different categories of CSR, including discretionary, ethical, legal, instrumental and political CSR in encouraging the proactive contribution of corporations to the betterment of human rights. The five propositions, related to the conceptual framework, outline the relationships between five categories of CSR and proactivity of corporations in human rights. The findings indicate that discretionary CSR with voluntary nature might not be able to motivate any contribution of business in human rights. Moreover, ethical CSR and legal CSR might lead to reactive strategies of business toward human rights. Meanwhile, the economic incentives behind the notion of instrumental CSR could result in partial proactive engagement of corporations in human rights. Finally, the internal motives as profit and power besides the external duties might lead to the highest level of proactivity of corporations in human rights under the context of political CSR. The model developed offers a map for business to adopt proactive human rights strategies more systematically maintaining key profit-drivers like power and profit. In sum, instrumental and political categories of CSR might lead corporations to improve the conditions of human rights proactively.

Keywords: CSR, human rights, proactive approach, reactive approach

Procedia PDF Downloads 266

Authors: Luljeta Plakolli-Kasumi

Abstract:

In the digital age, the relationship between traditional property rights and online intellectual property rights is becoming increasingly complex. On the one hand, the internet and advancements in technology have allowed for the widespread distribution and use of digital content, making it easier for individuals and businesses to access and share information. On the other hand, the rise of digital piracy and illegal file-sharing has led to increased concerns about the protection of intellectual property rights. This paper aims to examine the relationship between traditional property rights and online intellectual property rights in the digital age by analyzing the current legal frameworks, key challenges and controversies that arise, and potential solutions for addressing these issues. The paper will look at how traditional property rights concepts such as ownership and possession are being applied in the online context and how they intersect with new and evolving forms of intellectual property such as digital downloads, streaming services, and online content creation. It will also discuss the tension between the need for strong intellectual property protection to encourage creativity and innovation and the public interest in promoting access to information and knowledge. Ultimately, the paper will explore how the legal system can adapt to better balance the interests of property owners, creators, and users in the digital age.

Keywords: intellectual property, traditional property, digital age, digital content

Procedia PDF Downloads 92

Authors: Hamid Vahidkia

Abstract:

The International Health Regulations (IHR), the sole worldwide regulations for managing infectious diseases, have remained largely unchanged since their initial release in 1951. The WHO is currently involved in updating the IHR. This article evaluates WHO's updated IHR draft and suggests enhancements to enhance global health, such as a strong focus on the organization's fundamental public health goals, activities, and crucial services; wide-reaching coverage for various health risks; establishing global monitoring through official and unofficial data networks; setting benchmarks for national public health systems, evaluating results, and ensuring accountability from countries; safeguarding human rights by implementing evidence-based guidelines and just processes; and promoting good governance by embracing fairness, impartiality, and openness. The World Health Organization needs to guarantee that countries follow health regulations and provide ample economic and technical support to less privileged nations. A crucial concern for the global community is how independent nations can collaborate to ensure that global health benefits all individuals, regardless of their economic status.

Keywords: IHR, law, health, international, WHO

Procedia PDF Downloads 13

Authors: Bhumi Shah

Abstract:

The aim of the study is to create understanding of communication strategies followed by Jain mendicants, educators, and lay persons. Second objective of the study is to see ancient means of communication have reformed in this digital generation. For these purposes of the study, research was carried out among Jain lay persons, educators and mendicants. To understand how traditional methods of communication affect the understanding of Jain religion. The paper attempts further elaborate and analyse various degrees of involvement and expectations of Jain Lay persons and mendicants in the process of religious discourse. In doing so the paper would provide an in- depth debate and discussion about communication patterns and the actual impact to the original meaning of the religion. The study was carried out in the city of Ahmedabad India, where Jains are concentrated in urban settings. In depth interviews were carried out as to understand different communication strategies followed by them.

Keywords: customs, ethics, Jainism, Jain mendicants, religious communication, traditions, rituals

Procedia PDF Downloads 129

Authors: Ayyoub Jamali, Alena Kozlova

Abstract:

The Russian invasion of Ukraine has tested the mettle of the international community, prompting not only States but also non-state actors to take deterrent action in response. Indeed, international sports organisations, namely FIFA and UEFA, have been rather successful in shifting the power dynamics by introducing a complete ban on the Russian national and club teams. This article aims to inquire into the human rights implications of such actions taken by international sports organisations. First, the article departs from an assessment of the legal status of FIFA and UEFA under international law and reflects on how a legal link could be established vis-à-vis their human rights obligations. Second, it examines the human rights aspects of the impugned measures by FIFA and UEFA on the part of the Russian athletes, further scrutinising them against the international human rights law principle of non-discrimination through a proportionality test. Last, it draws basic pathways for how possible human rights violations committed in the context of measures adopted by such organisations could be remedied, outlining the challenges of arbitration and litigation in Switzerland.

Keywords: FIFA, UEFA, FUR, ban, human rights, Russia, Ukraine, non-state actors

Procedia PDF Downloads 82

Authors: Forbah Julius Ajamah

Abstract:

The protection of human rights and respect of the rule of law in Sub-Saharan African is a constant challenge due to ongoing and protracted conflict situations, political instability, shrinking democratic space and allegations of large-scale corruption in some countries. Conflict and/or crisis is most often resulting from constant violations of individual rights, with the risk increasing when many human rights are violated in a systematic or widespread fashion. Violations related to economic, social and cultural rights at times are as significant as violations of civil and political rights. Cameroon a country in Sub-Saharan African, for many years now has been confronted by numerous crises across different regions. Despite measures carried out, it has been reported that lesser and lesser attention has been placed on various conflict/crisis across Cameroon. To reach a common understanding of how both the economic, social and cultural rights has been violated and related impact on the quality of life, this paper evaluates justice, security and human rights violations in the present crisis situations. Without the prevention of human rights violations, wider conflict and/or crisis, will continue to have a negative impact in the lives of the inhabitants. This paper aims at providing evidence to support the fact that effective prevention requires early identification of risks that could allow for preventive and/or mitigatory measures to be designed and implemented.

Keywords: justice, security, human rights abuses, conflicts, crisis

Procedia PDF Downloads 87

Authors: Elizabeth Watson, Sara Vogt

Abstract:

The transition from high school to college can be an exciting and confusing time for many students, especially college students with disabilities. In 1983, the University of Wisconsin-Whitewater created a Summer Transition Program (STP) for such students as part of a US Department of Education Demonstration Grant. This program offers incoming students the opportunity to take 2 college courses and live on campus for 4 weeks to help introduce and familiarize them with typical college expectations and support services. Over the past 30 years, 48% of the students have graduated, exceeding the national college graduation rate for students with disabilities. This mixed methods longitudinal study will discuss how this program has increased retention and graduation rates, and success in the co-curricular and living environments for students with disabilities.

Keywords: disability, transition, post-secondary education, retention

Procedia PDF Downloads 293

Authors: Mark Linden, Michael Brown, Lynne Marsh, Maria Truesdale, Stuart Todd, Nathan Hughes, Trisha Forbes, Rachel Leonard

Abstract:

Background: The COVID-19 pandemic exacerbated the already significant strain placed on family carers of people with profound and multiple intellectual disabilities (PMID), given the withdrawal of many services during lockdown. The aim of this study was to explore the experiences of family carers of people with PMID during the COVID-19 pandemic. Methods: Online focus groups were conducted with family carers (n=126) from across the UK and the Republic of Ireland. Participants were asked about their experiences of the COVID-19 pandemic, coping strategies, and challenges faced. Focus groups were audio recorded, transcribed verbatim and analyzed through thematic analysis. Findings: Three themes emerged from our analysis of the data: (i) COVID-19 as a double-edged sword, (ii) The struggle for support (iii) the Constant nature of caring. These included 11 subthemes: (i) ‘COVID-19 as a catalyst for change’, ‘Challenges during COVID-19: dealing with change’, ‘Challenges during COVID-19: fear of COVID-19’, ‘The online environment: the new normal’ (ii) ‘Invisibility of male carers’, ‘Carers supporting carers’, ‘The only service you get is lip service: non-existent services’, ‘Knowing your rights’ (iii) ‘Emotional response to the caring role: Feeling devalued’, ‘Emotional response to the caring role: Desperation of caring’, ‘Multiple demands of the caring role.’ Conclusions: Poor or inconsistent access to services and support has been an ongoing difficulty for many family carers. The COVID-19 pandemic has only further intensified these difficulties, increasing family carers' stress. There is an urgent need to design services, such as online support programs, in partnership with family carers that adequately address their needs.

Keywords: intellectual disabilities, family carer, COVID-19, disability

Procedia PDF Downloads 82

Authors: Olasunkanmi G. Jeje, John G. Laah, Eunice S. A. Jeje

Abstract:

In recent times Nigeria has been bedeviled with political, religious and ethnic crises such as indigene/settler phenomena, Boko Haram etc. resulting in the emergence of internally displaced persons(IDPs), this has been a hunch on national development. Most states of the federation have had their share of one crisis or the other such as Jos, Yobe, Borno etc thereby affecting the economy of the country. These persons are uprooted from their residential locations of which they are active contributors to the national GDP. In addition, the attempt to rehabilitate them has gulped billions of naira for feeding, shelter and medicals etc., which is not adequate for such. However, the financing could have been used for projects such as capacity building and infrastructural development. Similarly, traumatic experience by this group of people is overwhelming as most of them are mainly the aged, women and children. Importantly, the active roles of youths that constitute the productive sector of the economy have also been truncated. Therefore, it is the prerogative of this research to examine the effect of IDP's on National Development and also to recommend solutions.

Keywords: development, implication, internally displaced persons, Nigeria

Procedia PDF Downloads 317

Authors: Sara Vora (Hoxha)

Abstract:

The present article delves into the intricate matters concerning Intellectual Property Rights (IPR) and cross-border jurisdiction within the confines of the European Union (EU). The prevalence of cross-border intellectual property rights (IPR) disputes has increased in tandem with the globalization of commerce and the widespread adoption of technology. The European Union (EU) is not immune to this trend. The manuscript presents a comprehensive analysis of various forms of intellectual property rights (IPR), such as patents, trademarks, and copyrights, and the regulatory framework established by the European Union (EU) to oversee these rights. The present article examines the diverse approaches employed for ascertaining the appropriate jurisdiction within the European Union (EU), and their potential application in the sphere of cross-border intellectual property rights (IPR) conflicts. The article sheds light on jurisdictional issues and outcomes of significant cross-border intellectual property rights (IPR) disputes in the European Union (EU). Additionally, the document provides suggestions for effectively managing intellectual property rights conflicts across borders within the European Union, which encompasses the utilization of alternative methods for resolving disputes. The article highlights the significance of comprehending the relevant jurisdiction in the European Union for Intellectual Property Rights (IPR). It also offers optimal approaches for enterprises and individuals who aim to safeguard their intellectual property beyond national boundaries. The primary objective of this article is to furnish a thorough comprehension of Intellectual Property Rights (IPR) and the relevant jurisdiction in the European Union (EU). Additionally, it endeavors to provide pragmatic recommendations for managing cross-border IPR conflicts in this intricate and ever-changing legal milieu.

Keywords: intellectual property rights (IPR), cross-border jurisdiction, applicable laws and regulations, dispute resolution, best practices

Procedia PDF Downloads 79

Authors: Yustina Trihoni Nalesti Dewi

Abstract:

Gross violations of human rights consisting of crime against humanity, genocide and war crime, are serious international crimes. Prohibition such crimes have obtain to the level of international norms of jus cogens based on conventions and customary international law. Therefore, the duty of the state to punish the crimes is obligatory. The legal consequence of jus cogens is obligation erga omnes which are a matter of state responsibility. When a state is not willing or neglects to do so in its national law, it results in state responsibility to be imposed by international human rights and humanitarian law. This article reviews the concept of jus cogens and obligatio erga omnes that appear as two sides of the same coin. It also explains how international human rights and humanitarian law set down the duty of the state to punish gross violations of human rights.

Keywords: duty of states, gross violations of human rights, jus cogens, obligatio erga omnes

Procedia PDF Downloads 471

Authors: Muhammad Siddique, Volodymyr Lugovskyy

Abstract:

This paper explores how nations might mitigate the unfavorable impacts of oil price volatility on economic growth by switching to renewable energy sources. The impacts of uncertain factor prices on economic activity are examined by looking at the Realized Volatility (RV) of oil prices rather than the more traditional method of looking at oil price shocks. The United States of America (USA), China (C), India (I), United Kingdom (UK), Germany (G), Malaysia (M), and Pakistan (P) are all included to round out the traditional literature's examination of selected nations, which focuses on oil-importing and exporting economies. Granger Causality Tests (GCT), Impulse Response Functions (IRF), and Variance Decompositions (VD) demonstrate that in a Vector Auto-Regressive (VAR) scenario, the negative impacts of oil price volatility extend beyond what can be explained by oil price shocks alone for all of the nations in the sample. Different nations have different levels of vulnerability to changes in oil prices and other factors that may play a role in a sectoral composition and the energy mix. The conventional method, which only takes into account whether a country is a net oil importer or exporter, is inadequate. The potential economic advantages of initiatives to decouple the macroeconomy from volatile commodities markets are shown through simulations of volatility shocks in alternative energy mixes (with greater proportions of renewables). It is determined that in developing countries like Pakistan, increasing the use of renewable energy sources might lessen an economy's sensitivity to changes in oil prices; nonetheless, a country-specific study is required to identify particular policy actions. In sum, the research provides an innovative justification for mitigating economic growth's dependence on stable oil prices in our sample countries.

Keywords: oil price volatility, renewable energy, economic growth, developed and developing economies

Procedia PDF Downloads 80