Search results for: housing rights

Authors: Kurt Willems

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The right to education is a fundamental human right, which has been entrenched in many international and regional treaties and national constitutions. Nevertheless, practice shows that many obstacles impede easy access to quality education for refugees. Overall, the material effects of international human rights legislation on improving (irregular) migrants’ access to social rights in the European countries have remained limited due to the lack of guarantees on effective incorporation in the municipal legal order and due to the lack of effective enforcement mechanisms. After the recent refugee crisis in Europe, this issue has grown in importance. The presentation aims to give a brief overview of the most important issues impeding the effective enforceability of the right to education for refugees. I. Do refugees fall within the scope of application of the relevant human rights treaties and to which extent can they invoke human rights treaties in domestic courts to set aside domestic legislation? II. How is the justiciability of the right to education organized in those treaties? III. What is the legal answer to questions raised in practice when dealing with the influx of refugees in Europe: (i) can refugees be placed in separate schools or classes until they can follow the regular curriculum?; (ii) can higher school fees be asked from pupils without legal documents?; (iii) do refugees have a right to be taught in their own native language until they learn to speak the national language? To answer the above questions, the doctrinal and comparative legal method will be used. The normative framework, as interpreted within Europe, will be distilled from the recent and relevant international treaties and European law instruments (in particular the Convention on the Rights of the Child, the European Convention on human rights, the European Social Charter and the International Covenant on Economic, Social and Cultural Rights) and their underlying policy documents, the legal literature, the (limited) European jurisprudence, and the general comments to those treaties. The article is mainly descriptive in nature. Its aim is to serve as a summary of the legal provisions, case law and legal literature on the topic of the right to education for refugees. The research shows that the reasons for the delicate enforceability of the rights to and the rights in education are multifold. The research will categorize the different contributing factors under the following headings: (i) problems related to the justiciability of international law as such; (ii) problems specifically related to the educational field; (iii) problems related to policy issues in the refugee debate. By categorizing the reasons contributing to the difficult enforceability of the right to education and the rights in education for refugees, this research hopes to facilitate the search for solutions to this delicate problem.

Keywords: right to education, refugees, discrimination, enforceability of human rights

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Authors: Taguekou Kenfack Alexie

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For a long time, refugee protection has constituted one of the main concerns of the international community as a whole and for the South African government in particular.The focus of this paper is on the challenges refugees face in accessing their rights in South Africa. In particular, it analyses the legal framework for the protection of the socio economic rights of refugees under international law, regional and domestic law and the extent to which the rights have been realized. The main hypothesis of the study centered on the fact that the social protection of refugees in South Africa is in conformity with international standards. To test this hypothesis, the qualitative research method was applied. Refugee related legal instruments were analyzed as well as academic publications, organizational reports and internet sources. The data analyzed revealed that there has been enormous progress in meeting international standards in the areas of education, emergency relief and assistance, protection of women and refugee children. The results also indicated that much remain to be desired in such areas as nutrition, shelter, health care, freedom of movement and very importantly, employment and social security. The paper also seeks to address the obstacles which prevent the proper treatment of refugees and to make recommendations as how the South African government can better regulate the treatment of refugees living in its territory.Recommendations include the amendment of the legal instruments that provide the normative framework for protection and improvement of protection policies to reflect the changing dynamics.

Keywords: international community, refugee, socioeconomic rights, social protection

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Authors: Sepideh Yeganegi, Andre Laplume, Parshotam Dass, Cam-Loi Huynh

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This paper empirically examines organizational and institutional antecedents of entrepreneurial entry. We employ multi-level logistic regression modelling methods on a sub-sample of the Global Entrepreneurship Monitor’s 2011 survey covering 30 countries. The results reveal that employees who have experience with activities unrelated to the core technology of their organizations are more likely to spin out entrepreneurial ventures, whereas those with experiences related to the core technology are less likely to do so. In support of the recent theory, we find that the strength of intellectual property rights and the availability of venture capital have negative and positive effects, respectively, on the likelihood that employees turn into entrepreneurs. These institutional factors also moderate the effect of relatedness to core technology such that entrepreneurial entries by employees with experiences related to core technology are curbed more severely by stronger intellectual property rights protection regimes and lack of venture capital.

Keywords: spinouts, intellectual property rights, venture capital, entrepreneurship, organizational experiences, core technology

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Authors: Kayode Julius Oni

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Without mincing words, democracy is by far the most popular form of government in the world today. No matter how we look at it, and regardless of the variant, most leaders in the world today wish to be seen or labeled as Democrats. Perhaps, its attractions in terms of freedom of allocation, accountability, smooth successions of leadership and a lot more, account for its appeal to the ordinary people. The governance style in Nigeria since 1999 cannot be said to be different from the military. Elections are manipulated, judicial processes abused, and the ordinary people do not have access to the dividends of democracy. The paper seeks to address the existing failures experienced under democratic rule in Nigeria which have to transcend into violation of human rights in the conduct of government business. The paper employs the primary and secondary sources of data collection, and it is highly descriptive and critical.

Keywords: democracy, human rights, Nigeria, politics, republic

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Authors: Abdulrahman Fahim M. Alsulami

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This paper is dedicated to a detailed investigation of the interaction between the agreement on trade-related aspects of intellectual property rights (TRIPS) and bilateral investment treaties (BITs) in the regulation of health-related intellectual property rights in Australia and the Kingdom of Saudi Arabia. The chosen research object is complex and requires a thorough examination of a set of factors influencing the problem under investigation. At the moment, to the author’s best knowledge’ there is no academic research that would conceptualize and critically compare the regulation of health-related intellectual property rights in these two countries. While there is a substantial amount of information in the literature on certain aspects of the problem, the existing knowledge about certain aspects of the health-related regulatory frameworks in Australia and Saudi Arabia barely explains in detail the specifics of the ways in which the TRIPS agreement interacts with (BITs) in the regulation of health-related intellectual property rights. Therefore, this paper will address an evident research gap by studying an intriguing yet under-researched problem. The paper comprises five subsections. The first subsection provides an overview of the investment climate in Saudi Arabia and Australia with an emphasis on the health care industry. It will cover political, economic, and social factors influencing the investment climate in these countries, the systems of intellectual property rights protection, recent patterns relevant to the investment climate’s development, and key characteristics of the investment climate in the health care industry. The second subsection analyses BITs in Saudi Arabia and Australia in light of the countries’ responsibilities under the TRIPS Agreement. The third subsection provides a critical examination of the interaction between the TRIPS Agreement and BITs in Saudi Arabia on the basis of data collected and analyzed in previous subsections. It will investigate key discrepancies concerning the regulation of health-related intellectual property rights in Saudi Arabia and Australia from the position of BITs’ interaction with the TRIPS Agreement and explore the existing procedures for clarifying priorities between them in regulating health-related intellectual property rights. The fourth subsection of the paper provides recommendations concerning the transformation of BITS into a TRIPS+ dimension in regulating health-related intellectual property rights in Saudi Arabia and Australia. The final subsection provides a summary of differences between the Australian and Saudi BITs from the perspective of the regulation of health-related intellectual property rights under the TRIPS agreement and bilateral investment treaties.

Keywords: Australia, bilateral investment treaties, IP law, public health sector, Saudi Arabia

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Authors: A. G. Back

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In the context of global climate change, extreme weather events are increasingly intense and frequent, challenging the adaptability of urban space. In this sense, urban planning is a relevant instrument for addressing, in a systemic manner, various sectoral policies capable of linking the urban agenda to the reduction of social and environmental risks. The Master Plan of the Municipality of Sao Paulo, 2014, presents innovations capable of promoting the transition to sustainability in the urban space. Among such innovations, the following stand out: i) promotion of density in the axes of mass transport involving mixture of commercial, residential, services, and leisure uses (principles related to the compact city); ii) vulnerabilities reduction based on housing policies, including regular sources of funds for social housing and land reservation in urbanized areas; iii) reserve of green areas in the city to create parks and environmental regulations for new buildings focused on reducing the effects of heat island and improving urban drainage. However, long-term implementation involves distributive conflicts and may change in different political, economic, and social contexts over time. Thus, the central objective of this paper is to identify which factors limit or support the implementation of these policies. That is, to map the challenges and interests of converging and/or divergent urban actors in the sustainable urban development agenda and what resources they mobilize to support or limit these actions in the city of Sao Paulo. Recent proposals to amend the urban zoning law undermine the implementation of the Master Plan guidelines. In this context, three interest groups with different views of the city come into dispute: the real estate market, upper middle class neighborhood associations ('not in my backyard' movements), and social housing rights movements. This paper surveys the different interests and visions of these groups taking into account their convergences, or not, with the principles of sustainable urban development. This approach seeks to fill a gap in the international literature on the causes that underpin or hinder the continued implementation of policies aimed at the transition to urban sustainability in the medium and long term.

Keywords: adaptation, ecosystem-based adaptation, interest groups, urban planning, urban transition to sustainability

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Authors: Mursal Ibrahim Zada

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Since 2001, the new Government of Afghanistan has put the improvement of transportation in rural area as one of the key issues for the development of the country. Since then, about 17,000 km of rural roads were planned to be constructed in the entire country. This thesis will assess the impact of rural road improvement on the development of rural communities and housing facilities. Specifically, this study aims to show that the improved road has leads to an improvement in the community, which in turn has a positive effect on the lives of rural people. To obtain this goal, a questionnaire survey was conducted in March 2015 to the residents of four different districts of Kabul province, Afghanistan, where the road projects were constructed in recent years. The collected data was analyzed using on a regression analysis considering different factors such as land price, waiting time at the station, travel time to the city, number of employed family members and so on. Three models are developed to demonstrate the relationship between different factors before and after the improvement of rural transportation. The results showed a significant change positively in the value of land price and housing facilities, travel time to the city, waiting time at the station, number of employed family members, fare per trip to the city, and number of trips to the city per month after the pavement of the road. The results indicated that the improvement of transportation has a significant impact on the improvement of the community in different parts, especially on the price of land and housing facility and travel time to the city.

Keywords: accessibility, Afghanistan, housing facility, rural area, land price

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Authors: Aslı Taş, Şebnem Ertaş

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Culture consists of material and spiritual values adopted by the emerging societies during the historical and social processes and continues to exist from past to present by being transferred through generations. Culture and cultural sustainability are interdependent concepts. Cultural sustainability exists when the requirements established cultural expression are added to the social life as lifestyle and habits. However, sustainability renders change inevitable. Changes that take place in the culture of a society also shows the impact in the daily life places. Functional changes occur in the spaces in order to adapt particularly to cultural change that appear in the aftermath of the user change, to modern technology and living standards. In this context, in this study, it was aimed to investigate the effect of the time-dependent functional changes that took place in the housing where non-Muslim population who was subject to population exchange and Muslim population lived after the population exchange in the vacated housing in Sille. Therefore, the changed and newly added venues in the house belonging to Ali Oğuz in Hacı Ali Ağa Street were investigated over the generated graphic in order to clearly perceive the cultural exchange on the housing and settlement and the functional changes were demonstrated.

Keywords: culture, house, spatial changes, sustainability

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Authors: Odunjo Oluronke Omolola, Okanlawon Simon Ayorinde

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This study examines the relationship between house characteristics and socio-economic characteristics of developers in Ibadan, southwest, Nigeria. The research is borne out of the fact that social housing has not done much as a result of finance and housing poverty is on the increase in the country. Multistage random sampling was used in selecting 2,646 respondents in the area. The questionnaire forms the basic instrument for data collection and was administered to heads of households to collect information on socio-economic and demographic characteristics as well as characteristics of development. Both descriptive and inferential statistical analyses were employed in the presentation of the findings; MANOVA was used to analyse the relationship between house characteristics measured by wall materials (Y1-Yn) and socio-economic characteristics of developers measured by gender (X1), religion (X2), educational background (X3) and employment status (X4).The study found out that the bulk of the respondents (65.7%) were male, while 51.7% practiced Christianity. Also, 35.9% had HND/1st/Postgraduate degree, while 43.9% were self employed; Most households however, had membership size of 5 (26.9%). The significant wall material in the area was sandcrete block (71.2%) as opposed to mud (19.1%) and brick (0.6%). Multiple Analysis of Variance shows that there is a significant relationship between sandcrete block and each of gender (X1) and employment status (X3). The factor adduced to this is accessibility to cooperative societies which serve as the gravitational force of attraction for housing finance. The study suggests among others that, there should be re-invigoration of existing cooperative societies, while more should be established for the provision of housing finance.

Keywords: relationship, house development, developers, sandcrete block, cooperative societies

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Authors: Crescentia Ugwuona

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Appropriate language use has been central and critical in advancing education and human rights for women and girls in many countries the world over. Unfortunately, these lofty aims have often been violated by rural Igbo-Nigerians as they use stereotyping and dehumansing language in their cultural songs against women and girls. The psychological impact of the songs has a significant negative impact on education, human rights, quality of life, and opportunities for many rural Igbo-women and girls in Nigeria. This study, therefore, examines the forms, shades, and manifestations of derogatory and stereotypical language against women and girls the Igbo cultural songs; and how they impede education and human rights for females in Nigeria. Through Critical discourse analysis (CDA) of data collected via recording, the study identifies manifestations of women and girls’ stereotypes such as subjugations, male dominance, inequality in gender roles, suppression, and oppression, and derogatory use of the language against women and girls in the Igbo cultural songs. This study has a great promise of alerting the issues of derogatory and stereotypical language in songs, and contributes to an education aimed at gender equality, emancipator practice of appropriate language use in songs, equal education and human rights for both male and female, respect and solidarity in Nigeria and beyond.

Keywords: gender stereotypes, cultural songs, women and girls, language use in Nigeria, critical discourse analysis, CDA, education

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Authors: Rainner Roweder

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Theme: The present paper aims to analyze the specificity of the judicial evidence linked to the subjects of dignity and personality rights, otherwise known as moral rights, in the determination of the truth and formation of the judicial reasoning in cases concerning these areas. This research is about the way courts in Brazilian domestic law search for truth and handles evidence in cases involving moral rights that are abundant and important in Brazil. The main object of the paper is to analyze the effectiveness of the evidence in the formation of judicial conviction in matters related to morally controverted rights, based on the Brazilian, and as a comparison, the Latin American legal systems. In short, the rights of dignity and personality are moral. However, the evidential legal system expects a rational demonstration of moral rights that generate judicial conviction or persuasion. Moral, in turn, tends to be difficult or impossible to demonstrate in court, generating the problem considered in this paper, that is, the study of the moral demonstration problem as proof in court. In this sense, the more linked to moral, the more difficult to be demonstrated in court that right is, expanding the field of judicial discretion, generating legal uncertainty. More specifically, the new personality rights, such as gender, and their possibility of alteration, further amplify the problem being essentially an intimate manner, which does not exist in the objective, rational evidential system, as normally occurs in other categories, such as contracts. Therefore, evidencing this legal category in court, with the level of security required by the law, is a herculean task. It becomes virtually impossible to use the same evidentiary system when judging the rights researched here; therefore, it generates the need for a new design of the evidential task regarding the rights of the personality, a central effort of the present paper. Methodology: Concerning the methodology, the Method used in the Investigation phase was Inductive, with the use of the comparative law method; in the data treatment phase, the Inductive Method was also used. Doctrine, Legislative, and jurisprudential comparison was the technique research used. Results: In addition to the peculiar characteristics of personality rights that are not found in other rights, part of them are essentially linked to morale and are not objectively verifiable by design, and it is necessary to use specific argumentative theories for their secure confirmation, such as interdisciplinary support. The traditional pragmatic theory of proof, for having an obvious objective character, when applied in the rights linked to the morale, aggravates decisionism and generates legal insecurity, being necessary its reconstruction for morally charged cases, with the possible use of the “predictive theory” ( and predictive facts) through algorithms in data collection and treatment.

Keywords: moral rights, proof, pragmatic proof theory, insufficiency, Brazil

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Authors: Garba Inuwa Kuta, Mohammed, Adamu, Mohammed Ahmed Emigilati, Ibrahim Ishiaku, Kudu Dangana

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The study sought to identify the problems of solid waste management in General Mohammed InuwaWushishi Housing Estate. The two broad types of data, the secondary and primary data were used in the study. Questionnaires and personal observations were also used to collect some of the data. Factors impeding the effective and efficient solid waste management were identified. The study revealed that sacks disposal method and open dumping are the most commonly used method of disposal, about 30.0% of the respondent use sacks disposal method in the estate while 24.9% dump their refuse on the floor. Wrong attitudes and perceptions of the people about sanitation issues contributed to solid waste management problems of General Mohammed InuwaWushishi Housing Estate. Majority of the households did not educate their members on the need to clean their surroundings and refuse to buy drum for waste disposal from Niger State Environmental Protection Agency (NISEPA) on the basis that the drums are expensive. Virtually, all the people depended on Niger State Environmental Protection Agency (NISEPA) facilities for the disposal of their household refuse. Solid waste management problems were partly the results of NISEPA’s inability to cope with the situation because of lack of equipment. It was recommended that there should be an increase in enlightenment to the people on domestic waste disposal to keep the surroundings clean.

Keywords: housing estate, assessment, solid waste, disposal, management

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Authors: Mohammad Saraj Sharifzai, Keisuke Kitagawa, Ahmad Javid Habib Mohammad Kamil Halimee, Daishi Sakaguchi

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The main purpose of this research is to recognize indoor comfort in contemporary Afghan courtyard house with outdoor welfare in housing layout and neighborhood design where sustainability is a local consideration. This research focuses on three new neighborhoods (Gawoond) in three different provinces of Afghanistan. Since 2001, the capital Kabul and major cities including Kandahar, which will be compared with Peshawar city in Pakistan, have faced a fast, rough-and-tumble process of urban innovation. The effects of this innovation necessitate reconsideration of the formation of sustainable urban environments and in-house thermal comfort. The lack of sustainable urban life in many newly developed Afghan neighborhoods can pose a major challenge to the process of sustainable urban development. Several factors can affect the success or failure of new neighborhoods in the context of urban life. For thermal analysis, we divide our research into three different climatic zones. This study is an evaluation of the environmental impacts of the interior comfort of contemporary courtyard housing with the exterior welfare of neighborhood sustainable design strategy in dry and cold, semi-hot and arid, and semi-humid and hot climates in Afghan cities and Peshawar.

Keywords: Afghan contemporary courtyard house, neighbourhood, street pattern and housing layout, sustainability, welfare, comfort, climate zone, Afghanistan

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Authors: Edgard Barki, Tânia Modesto Veludo-de-Oliveira, Felipe Zambaldi

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The social enterprise sector can be characterized as organizations that aim to solve social problems with financial sustainability and using market mechanisms. This sector has shown an increasing interest worldwide. Despite the growth and relevance of the sector, there is still a gap regarding the assessment of the social impact resulting from the initiatives of the organizations in this field. A number of metrics have been designed worldwide to evaluate the impact of social enterprises (e.g., IRIS, GIIRS, BACO), as well as some ad hoc studies that have been carried out, mainly in the microcredit sector, but there is still a gap to be filled in the development of research in social impact evaluation. Therefore, this research seeks to evaluate the social impact of two social enterprises (Terra Nova and Vivenda) in the area of housing in Brazil. To evaluate these impacts and their dimensions, we conducted an exploratory research, through three focus groups, thirty in-depth interviews and a survey with beneficiaries of both organizations. The results allowed us to evaluate how the two organizations were able to create a deep social impact in the populations served. Terra Nova has a more collective perspective, with a clear benefit of social inclusion and improvement of the community’s infrastructure, while Vivenda has a more individualized perspective, improving self-esteem, sociability and family coexistence.

Keywords: Brazil, housing, social enterprise, social impact evaluation

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Authors: Elise Machline

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In the late 1980’s, sustainable urban development emerged in Europe. Sustainable neighborhoods are one attempt to implement sustainable urban energy planning in the city. So, for twenty years, projects of sustainable neighborhoods (or ‘eco-neighborhoods’) have emerged in Europe. Debates about sustainability no longer restrict it to environmental concerns (to limit greenhouse gas emissions), but rather extend to the economic and social dimensions. A growing number of empirical studies demonstrate that sustainable urbanism yield rental/sale premia, as well as higher occupancy rates and thus higher asset values. For example, European eco neighborhood projects usually focus on the middle to upper classes, given the costs involved in renting or buying the dwellings built in such projects. As a result sustainable residential buildings are not affordable and their construction tends to have a gentrifying effect. An increasing number of countries are institutionalizing green strategies for affordable housing. In France, the sustainable neighborhoods ‘ecoquartier’ must meet environmental performance criteria, have a potential for economic development and, provide social and functional diversity. The issue of social diversity trough the provision of affordable housing has emerged as a dimension of public housing policies. Thus, the ecoquartier residential buildings must be both energy efficient and affordable. Through the Parisian example our study considers how the concept of social diversity and other elements of sustainability are illustrated in the ecoquartiers and whether the authorities have been able to avoid gentrification when implementing a sustainable urban policy.

Keywords: sustainable neighborhoods, social diversity, social housing policies, green buildings

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Authors: Dina Hadad

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Women empowerment in the Arab world remains a central issue in the context of development and human rights. Akin to many societies around the globe, gender equality is yet to be achieved. This research will provide an introduction into the current legal stand of some Arab countries in terms of gender equality and women rights in the context of family law. It will look specifically into the recent family law in Kuwait and why many women consider it a positive step towards affirming their rights and their needs. Depending on comparative material from the area, the research argues that whilst some countries made efforts to promote women’s empowerment as a concept and practice throughout its policies, others have indeed some unique journeys that reflect organic and from within evolutions. Nonetheless, these efforts are yet to reflect a comprehensive structure that addresses women legal and political empowerment let alone social status. A contradiction in the realities of different Arab states is nothing new since the lack of comprehensive rights-based policy making in Arab countries has contributed to the disconnect between economic growth and development challenges.

Keywords: women empowerment, cultural challenges, gender equality, Islamic law, international standards, family law

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Authors: Jonathan R. Olsen, Natalie Nicholls, Jenna Panter, Hannah Burnett, Michael Tornow, Richard Mitchell

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The 20-minute neighborhood is a policy priority for governments worldwide and a key feature of this policy is providing access to natural space within 800 meters of home. The study aims were to (1) examine the association between distance to nearest natural space and frequent use over time and (2) examine whether frequent use and changes in use were patterned by income and housing tenure over time. Bi-annual Scottish Household Survey data were obtained for 2013 to 2019 (n:42128 aged 16+). Adults were asked the walking distance to their nearest natural space, the frequency of visits to this space and their housing tenure, as well as age, sex and income. We examined the association between distance from home of nearest natural space, housing tenure, and the likelihood of frequent natural space use (visited once a week or more). Two-way interaction terms were further applied to explore variation in the association between tenure and frequent natural space use over time. We found that 87% of respondents lived within 10 minute walk of a natural space, meeting the policy specification for a 20-minute neighbourhood. Greater proximity to natural space was associated with increased use; individuals living a 6 to 10 minute walk and over 10 minute walk were respectively 53% and 78% less likely to report frequent natural space use than those living within a 5 minute walk. Housing tenure was an important predictor of frequent natural space use; private renters and homeowners were more likely to report frequent natural space use than social renters. Our findings provide evidence that proximity to natural space is a strong predictor of frequent use. Our study provides important evidence that time-based access measures alone do not consider deep-rooted socioeconomic variation in use of Natural space. Policy makers should ensure a nuanced lens is applied to operationalising and monitoring the 20-minute neighbourhood to safeguard against exacerbating existing inequalities.

Keywords: natural space, housing, inequalities, 20-minute neighbourhood, urban design

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Authors: S. Yessengabulov, A. Uyzbayeva

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Residential buildings fund of Kazakhstan was built in the Soviet time about 35-60 years ago without considering energy efficiency measures. Currently, most of these buildings are in a rundown condition and fail to meet the minimum of hygienic, sanitary and comfortable living requirements. The paper aims to examine the reports of recent building energy survey activities in the country and provide a possible solution for retrofitting existing housing stock built before 1989 which could be applicable for building envelope in cold climate. Methodology also includes two-dimensional modeling of possible practical solutions and further recommendations.

Keywords: energy audit, energy efficient buildings in Kazakhstan, retrofit, two-dimensional conduction heat transfer analysis

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Authors: Vijaya Chandra Tenneti

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The juvenile justice delivery system in India suffers from many lacunae at the operational level and ignores many dimensions of human rights guaranteed to the juvenile delinquents. The present study begins with the hypothesis that the existing justice delivery system seemingly ignores the basic tenets of the fair trial and systemic support to the delinquent juveniles in integrating them into the mainstream of society. As per the designed methodology, data has been collected from the unit of the present study, and other stakeholders, namely, Juvenile Justice Board, Observation Homes etc., of Warangal district of Telangana state, India. The study shows that there is the overemphasis on procedural laws. The juvenile integration programs are not effective. The administrators lack training. Juveniles lack formal education. The study indicates the incidents of juvenile crimes is on the rise and that the majority of the juvenile delinquents hold a low socio-economic profile. Another significant observation of the study is that the juvenile justice system lacks a holistic and human rights-centric approach.

Keywords: delinquency, human rights, juvenile justice, rehabilitation

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Authors: Yun Zhang

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Urban housing in China is typified by residential districts that occupy 25 to 40 percentage of the urban land. In residential districts, squares, roads, and building facades, as well as plants, usually form a four-grade spatial structure: district entrances, central landscapes, housing cluster entrances, green spaces between dwellings. This spatial structure and its elements not only compose the visible residential landscape but also play a major role of carrying rain water. These elements, therefore, imply ecological significance to urban fitness. Based upon theories of landscape ecology, residential landscape can be understood as a pattern typified by minor soft patch of planted area and major hard patch of buildings and squares, as well as hard corridors of roads. Use five landscape districts in Hangzhou as examples; this paper finds that the size, shape and slope direction of soft patch, the bend of roads, and the form of the four-grade spatial structure are influential for adapting to natural rainwater circulation.

Keywords: Hangzhou China, rainwater, residential landscape, spatial character, urban housing

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Authors: A. Drong, K. S. Kerkhoff

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Migration affects women’s sexual and reproductive health and rights. This paper reports on the social constructs of gender, and livelihood pursuits as beauty parlours workers amongst the young Garo women in Bangladesh, and studies changes in their accessibility to the healthcare services due to migration and livelihood. The paper is based on in-depth interviews and participant-led group discussions with 30 women working in various beauty parlours across the city. The data indicate that social perceptions of ‘good’, ‘bad’ and ‘respectable’ determine the expression of sexuality, and often dictates sexual and reproductive practices for these women. This study also reveals that unregulated work conditions, and the current cost of local healthcare services, have a strong impact on the women’s accessibility to the healthcare services; thus often limiting their choices to only customary and/or unqualified practitioners for abortions and child-births. Development programmes on migrant indigenous women’s health must, therefore, take the contextual gender norms and livelihood choices into account.

Keywords: gender, indigenous women, reproductive rights, sexual rights, Garo, migration, livelihood, healthcare

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Authors: M. Wittmann, G. Kopacik, A. Leitmannova

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A prominent place in the spatial arrangement of Czech as well as other post-socialist, Central European cities belongs to 19th century closed urban blocks and the open concrete panel housing estates which were erected during the socialism era in the second half of 20th century. The characteristics of these two fundamentally diverse types of residential structures have, as we suppose, a different impact on the sustainable development of the urban area. The characteristics of these residential structures may influence the ecological stability of the area, its hygienic qualities, the intensity and way of using by various social groups, and also, e.g., the prices of real estates. These and many other phenomena indicate the environmental, social and economic sustainability of the urban area. The proposed research methodology assessed specific indicators of sustainability within a range from 0 to 10 points. 5 points correspond to the general standard in the area, 0 points indicates degradation, and 10 points indicate the highest contribution to sustainable development. The survey results are reflected in the overall sustainability index and in the residents’ satisfaction index. The paper analyses the residential structures in the Central European city of Brno, Czech Republic. The case studies of the urban blocks near the city centre and of the housing estate Brno - Vinohrady are compared. The results imply that a considerable positive impact on the sustainable development of the area should be ascribed to the closed urban blocks near the city centre.

Keywords: City of Brno, closed urban block, open housing estate, urban structure

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Authors: Raed Fawzi Mohammed Ameen, Haider I. Alyasari, Maryam Altaweel

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Due to rapid urbanization, developing countries faced significant urban challenges that accompanied the population growth such as the inability to provide adequate housing; sustain human and community's health and wellbeing; ensure the safety in urban areas; the prevalence corruption; lack of jobs; and a shortage of investment. The destruction, degradation, and lack of planning are acute in countries such as Iraq that have suffered for more than four decades because of war and international sanctions, resulting in severe damages to the ecology sector, social utilities, housing, infrastructure, as well as the disruption of the economic sector. Many of significant urban development, housing, and regeneration projects are currently underway in different regions in Iraq, labelled as a means to reform the environmental, social, and economic sectors. However, most often with absence of public participation. Hence, there is an urgent need for understanding public perception, especially of urban socio-economic challenges, which represents a crucial concern for many planners, designers, and policy-makers in order to develop effective policies in addition to increasing their participation. The aim of this study is to investigate stakeholder perceptions of the socio-economic challenges of urban development and their priorities in the all Iraqi provinces. A nationwide questionnaire has been conducted (N = 643) across Iraq, using 19- item structured questionnaire where the stakeholder’s perspectives were collected on a 5-point Likert-type scale. The indicators were identified through deep investigation in previous studies. Principal component analysis (PCA) and statistical tests were utilized to the collected responses in order to investigate the linkage between the perceptions of socio- economic challenges and demographic factors. A high value of internal consistency and reliability of the instrument has been achieved (Cronbach’s alpha= 0.867). Five principal components have been identified, namely: economic, cultural aspects, design context, employment, security and housing demands. The item ‘safety of public places' was ranked as the most important, followed by the items 'minimize unplanned housing', and ‘provision of affordable housing’, respectively. Promote high-rise housing from the housing demands group, was ranked the lowest component between all indicators. 'Using sustainable local materials in construction' item had the second lowest mean score. The results also illustrate a link between deficiencies in the social and economic infrastructure because of the destruction and degradation caused by political instability in Iraq in the last few decades.

Keywords: public participation in development, socio-economic challenges, urban development, urban sustainability

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Authors: Desmond F. Bellamy

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Discourses about animal rights usually assume an ontological abyss between human and animal. This supposition of non-animality allows us to utilise and exploit non-humans, particularly those with commercial value, with little regard for their rights or interests. We can and do confine them, inflict painful treatments such as castration and branding, and slaughter them at an age determined only by financial considerations. This paper explores the way images and texts depicting human cannibalism reflect this deprivation of rights back onto our species and examines how this offers new perspectives on our granting or withholding of rights to farmed animals. The animals we eat – sheep, pigs, cows, chickens and a small handful of other species – are during processing de-animalised, turned into commodities, and made unrecognisable as formerly living beings. To do the same to a human requires the cannibal to enact another step – humans must first be considered as animals before they can be commodified or de-animalised. Different iterations of cannibalism in a selection of fiction and non-fiction texts will be considered: survivalism (necessitated by catastrophe or dystopian social collapse), the primitive savage of colonial discourses, and the inhuman psychopath. Each type of cannibalism shows alternative ways humans can be animalised and thereby dispossessed of both their human and animal rights. Human rights, summarised in the UN Universal Declaration of Human Rights as ‘life, liberty, and security of person’ are stubbornly denied to many humans, and are refused to virtually all farmed non-humans. How might this paradigm be transformed by seeing the animal victim replaced by an animalised human? People are fascinated as well as repulsed by cannibalism, as demonstrated by the upsurge of films on the subject in the last few decades. Cannibalism is, at its most basic, about envisaging and treating humans as objects: meat. It is on the dinner plate that the abyss between human and ‘animal’ is most challenged. We grasp at a conscious level that we are a species of animal and may become, if in the wrong place (e.g., shark-infested water), ‘just food’. Culturally, however, strong traditions insist that humans are much more than ‘just meat’ and deserve a better fate than torment and death. The billions of animals on death row awaiting human consumption would ask the same if they could. Depictions of cannibalism demonstrate in graphic ways that humans are animals, made of meat and that we can also be butchered and eaten. These depictions of us as having the same fleshiness as non-human animals reminds us that they have the same capacities for pain and pleasure as we do. Depictions of cannibalism, therefore, unconsciously aid in deconstructing the human/animal binary and give a unique glimpse into the often unnoticed repudiation of animal rights.

Keywords: animal rights, cannibalism, human/animal binary, objectification

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Authors: Dibya Jivan Pati, Kazuhisa Iki, Riken Homma

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Unlike other metro cities of India, Bhubaneswar–the capital city of Odisha, is expected to reach 1-million-mark population by now. The demands of dwelling unit requirement mostly among urban poor belonging to Economically Weaker section (EWS) and Low Income groups (LIG) is becoming a challenge due to high housing cost and rents. As a matter of fact, it’s also noted that, with increase in population, the solid waste generation also increases subsequently affecting the environment due to inefficiency in collection of waste by local government bodies. Methods of utilizing Solid Waste - especially in form of Plastic bottles, Glass bottles and Metal cans (PGM) are now widely used as an alternative material for construction of low-cost building by Non-Government Organizations (NGOs) in developing countries like India to help the urban poor afford a shelter. The application of disposed plastic bottle used in construction of single dwelling significantly reduces the overall cost of construction to as much as 14% compared to traditional construction material. Therefore, considering its cost-benefit result, it’s possible to provide housing to EWS and LIGs at an affordable price. In this paper, we estimated the quantity of plastic bottles generated in Bhubaneswar which further helped to estimate the possible number of single dwelling unit that can be constructed on yearly basis so as to refrain from further housing shortage. The estimation results will be practically used for planning and managing low-cost housing business by local government and NGOs.

Keywords: construction, dwelling unit, plastic bottle, solid waste generation, groups

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Authors: Azzaya Enkhjargal

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Context: The mining industry has a long history of human rights abuses, including forced labor, environmental pollution, and displacement of communities. In recent years, there has been growing international pressure to hold mining companies accountable for these abuses. Research Aim: This study explores the legal liabilities of mining companies for human rights abuses. The study specifically examines the case of Erdenet Mining Corporation (EMC), a large mining company in Mongolia that has been accused of human rights abuses. Methodology: The study used a mixed-methods approach, which included a review of legal literature, interviews with community members and NGOs, and a case study of EMC. Findings: The study found that mining companies can be held liable for human rights abuses under a variety of regulatory frameworks, including soft law and self-regulatory instruments in the mining industry, international law, national law, and corporate law. The study also found that there are a number of challenges to holding mining companies accountable for human rights abuses, including the lack of effective enforcement mechanisms and the difficulty of proving causation. Theoretical Importance: The study contributes to the growing body of literature on the legal liabilities of mining companies for human rights abuses. The study also provides insights into the challenges of holding mining companies accountable for human rights abuses. Data Collection: The data for the study was collected through a variety of methods, including a review of legal literature, interviews with community members and NGOs, and a case study of EMC. Analysis Procedures: The data was analyzed using a variety of methods, including content analysis, thematic analysis, and case study analysis. Conclusion: The study concludes that mining companies can be held liable for human rights abuses under a variety of legal and regulatory frameworks. There are positive developments in ensuring greater accountability and protection of affected communities and the environment in countries with a strong economy. Regrettably, access to avenues of redress is reasonably low in less developed countries, where the governments have not implemented a robust mechanism to enforce liability requirements in the mining industry. The study recommends that governments and mining companies take more ambitious steps to enhance corporate accountability.

Keywords: human rights, human rights abuses, ESG, litigation, Erdenet Mining Corporation, corporate social responsibility, soft law, self-regulation, mining industry, parent company liability, sustainability, environment, UN

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Authors: Jun Ha Whang

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As New York City weathers a swelling 'affordability crisis' marked by rapid transformation in land development and urban culture, much of the associated scholarly debate has turned to questions of the underlying mechanisms of gentrification. Though classically approached from the point of view of urban planning, increasingly these questions have been addressed with an eye to understanding the role of cultural capital in neighborhood valuation. This paper will examine the construction of an artist-specific affordable housing development in the Spanish Harlem neighborhood of Manhattan in order to identify and discuss several cultural parameters of gentrification. This study’s goal is not to argue that the development in question, named Art space PS 109, straightforwardly increases or decreases the rate of gentrification in Spanish Harlem, but rather to study dynamics present in the construction of Art space PS 109 as a case study considered against the broader landscape of gentrification in New York, particularly with respect to the impact of artist communities on housing supply. In the end, what Art space PS 109 most valuably offers us is a reference point for a comparative analysis of affordable housing strategies currently being pursued within municipal government. Our study of Art space PS 109 has allowed us to examine a microcosm of the city’s response and evaluate its overall strategy accordingly. As a base line, the city must aggressively pursue an affordability strategy specifically suited to the needs of each of its neighborhoods. It must also conduct this in such a way so as not to undermine its own efforts by rendering them susceptible to the exploitative involvement of real estate developers seeking to identify successive waves of trendy neighborhoods. Though Art space PS 109 offers an invaluable resource for the city’s legitimate aim of preserving its artist communities, with such a high inclusion rate of artists from outside of the community the project risks additional displacement, strongly suggesting the need for further study of the implications of sites of cultural capital for neighborhood planning.

Keywords: artist housing, displacement, east Harlem, urban planning

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Authors: Sunayana Basu Mallik, Shishira Prakash

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The inclusion of Rights of Author (Moral and Personal Rights) resonate the century long battle of rights of authors, composers, performers across developed and developing countries (whether following civil law or common law systems). But, the juxtaposition of author’s special, moral, personal rights within the legislative framework of Copyright statutes (Indian Copyright Act, 1957, applicable statutes) underscores the foundational role of the right which goes to the root of the constitutional structure of India and philosophies of political and literary leaders like Mahatma Gandhi and Gurudeb Rabindranath Tagore. In the pre-independence era when the concept of moral rights was unknown to both England and India’s statutory laws, the strategic deployment method of Gandhi, his ideologies and thoughts scripted the concept of moral rights for authors/composers. The preservation of Rabindric Style (Characteristic Tagore’s vocal renditions) by Vishwabharati University (successor in interest for Tagore’s literary and musical compositions) prior to the Copyright Amendment of 1999 recognizing Author’s Special Rights in line with 6bis of Berne Convention invigorates the fact that the right existed intrinsically prior to the legislative amendment. The paper would in addition to the academic probe carry out an empirical enquiry of the institution’s (Navjivan Trust and Vishwa Bharati University’s) reasoning on the same. The judicial discourse and transforming constitutional ideals between 1950s till date in India alludes Moral Rights to be an essential legal right which have been reasoned by Indian Courts based on the underlying philosophies in culture, customs, religion wherein composers and literary figures have played key roles in enlightening and encouraging the members of society through their literary, musical and artistic work during pre-independence renaissance of India. The discourses have been influenced by the philosophies reflected in the preamble of the Indian constitution, ‘socialist, secular, democratic republic’ and laws of other civil law countries. Lastly, the paper would analyze the adjudication process and witness involvement in ascertaining violations of moral rights and further summarize the indigenous and country specific economic thoughts that often chisel decisions on moral rights of authors, composers, performers which sometimes intersect with author’s right of privacy and against defamation. The exclusivity contracts or other arrangements between authors, composers and publishing companies not only have an erosive effect on each thread of moral rights but irreparably dents factors that promote creativity. The paper would also be review these arrangements in view of the principles of unjust enrichment, unfair trade practices, anti-competitive behavior and breach of Section 27 (Restrain of Trade) of Indian Contract Act, 1857. The paper will thus lay down the three pillars on which author’s rights in India should namely rest, (a) political and judicial discourse evolving principles supporting moral rights of authors; (b) amendment and insertion of Section 57 of the Copyright Act, 1957; (c) overall constitutional framework supporting author’s rights.

Keywords: copyright, moral rights, performer’s rights, personal rights

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Authors: Ly Nguyen, Vidit Munshi

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During the Covid-19 recession, the United States government has implemented several instruments to mitigate the impacts and revitalize the economy. This paper explores the effects of the various government policy decisions on stock returns, housing prices, and investor psychology during the pandemic in the United States. A numerous previous literature studies on this subject, yet very few focus on the context similar to what we are currently experiencing. Our monthly data covering the period from January 2019 through July 2021 were collected from Datastream. Utilizing the VAR model, we document a dynamic relationship between the market and policy actions throughout the period. In particular, the movements of Unemployment, Stock returns, and Housing prices are strongly sensitive to changes in government policies. Our results also indicate that changes in production level, stock returns, and interest rates decisions influence how investors perceived future market risk and expectations. We do not find any significant nexus between monetary and fiscal policy. Our findings imply that information on government policy and stock market performance provide useful feedback to one another in order to make better decisions in the current and future pandemic. Understanding how the market responds to a shift in government practices has important implications for authorities in implementing policy to avoid assets bubbles and market overreactions. The paper also provides useful implications for investors in evaluating the effectiveness of different policies and diversifying portfolios to minimize systematic risk and maximize returns.

Keywords: Covid-19 recession, United States, government policies, investor psychology, housing prices, stock market returns

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Authors: Jacob Bogart, Adaobi Egboka

Abstract:

Nigeria signed and ratified the Convention on the Rights of Persons with Disabilities in 2010, which was heralded as a much-needed step towards protecting the rights of persons with disabilities (PWDs). However, even with such progress, incarcerated PWDs have been left behind. The current legal framework in Nigeria does not consider the particular challenges PWDs face in prison nor make provisions to address them, despite the need for such reforms. Indeed, given the closed and restricted nature of prisons, and the violence that results from overcrowding, lack of supervision, and poor facilities, prisoners with disabilities often face significant challenges while incarcerated. While every prisoner is affected by these issues, PWDs are disproportionately harmed by them due to the nature of their disability. A study of four prisons in Lagos State, Nigeria was carried out by interviewing prisoners with disabilities, prison officials, advocates, and academics. The study found that for prisoners with physical disabilities, inaccessible prison facilities and a lack of mobility, hearing, or seeing assistance can often cause them to be dependent on the mercy of the other inmates for assistance in performing such basic functions as using the restroom, going to church, or washing themselves. Prison officials do not assist these PWDs or provide them with aids, such as crutches or a cane. Relatedly, prisoners with psychosocial disabilities (mental health conditions) often are not removed to health care facilities, despite a law to that effect, and are left to languish in prisons without the mental health care treatment they need. This presentation argues that reforms addressing the rights of PWDs must consider and make provisions for prisoners with disabilities, such as ensuring that prison facilities are accessible, providing PWDs with mobility, seeing or hearing aids as needed, and conducting mental health screenings for persons awaiting trial immediately upon entering the prison. These reforms, among others, are necessary first steps toward realizing the rights of prisoners with disabilities in Nigeria.

Keywords: disability rights, human rights, Lagos, Nigeria, prisoners with disabilities

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