Search results for: youth justice
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 1375

Search results for: youth justice

1045 Global Health, Humanitarian Medical Aid, and the Ethics of Rationing

Authors: N. W. Paul, S. Michl

Abstract:

In our globalized world we need to appreciate the fact that questions of health and justice need to be addressed on a global scale, too. The way in which diverse governmental and non-governmental initiatives are trying to answer the need for humanitarian medical aid has long since been a visible result of globalized responsibility. While the intention of humanitarian medical aids seems to be evident, the allocation of resources has become more and more an ethical and societal challenge. With a rising number and growing dimension of humanitarian catastrophes around the globe the search for ethically justifiable ways to decide who might benefit from limited resources has become a pressing question. Rooted in theories of justice (Rawls) and concepts of social welfare (Sen) we developed and implemented a model for an ethically sound distribution of a limited annual budget for humanitarian care in one of the largest medical universities of Germany. Based on our long lasting experience with civil casualties of war (Afghanistan) and civil war (Libya) as well as with under- and uninsured and/or stateless patients we are now facing the on-going refugee crisis as our most recent challenge in terms of global health and justice. Against this background, the paper strives to a) explain key issues of humanitarian medical aid in the 21st century, b) explore the problem of rationing from an ethical point of view, c) suggest a tool for the rational allocation of scarce resources in humanitarian medical aid, d) present actual cases of humanitarian care that have been managed with our toolbox, and e) discuss the international applicability of our model beyond local contexts.

Keywords: humanitarian care, medical ethics, allocation, rationing

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1044 Applications of Visual Ethnography in Public Anthropology

Authors: Subramaniam Panneerselvam, Gunanithi Perumal, KP Subin

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The Visual Ethnography is used to document the culture of a community through a visual means. It could be either photography or audio-visual documentation. The visual ethnographic techniques are widely used in visual anthropology. The visual anthropologists use the camera to capture the cultural image of the studied community. There is a scope for subjectivity while the culture is documented by an external person. But the upcoming of the public anthropology provides an opportunity for the participants to document their own culture. There is a need to equip the participants with the skill of doing visual ethnography. The mobile phone technology provides visual documentation facility to everyone to capture the moments instantly. The visual ethnography facilitates the multiple-interpretation for the audiences. This study explores the effectiveness of visual ethnography among the tribal youth through public anthropology perspective. The case study was conducted to equip the tribal youth of Nilgiris in visual ethnography and the outcome of the experiment shared in this paper.

Keywords: visual ethnography, visual anthropology, public anthropology, multiple-interpretation, case study

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1043 How Restorative Justice Can Inform and Assist the Provision of Effective Remedies to Hate Crime, Case Study: The Christchurch Terrorist Attack

Authors: Daniel O. Kleinsman

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The 2019 terrorist attack on two masjidain in Christchurch, New Zealand, was a shocking demonstration of the harm that can be caused by hate crime. As legal and governmental responses to the attack struggle to provide effective remedies to its victims, restorative justice has emerged as a tool that can assist, in terms of both meeting victims’ needs and discharging the obligations of the state under the International Covenant on Civil and Political Rights (ICCPR), arts 2(3), 26, 27. Restorative justice is a model that emphasizes the repair of harm caused or revealed by unjust behavior. It also prioritises the facilitation of dialogue, the restoration of equitable relationships, and the prevention of future harm. Returning to the case study, in the remarks of the sentencing judge, the terrorist’s actions were described as a hate crime of vicious malevolence that the Court was required to decisively reject, as anathema to the values of acceptance, tolerance and mutual respect upon which New Zealand’s inclusive society is based and which the country strives to maintain. This was one of the reasons for which the terrorist received a life sentence with no possibility of parole. However, in the report of the Royal Commission of Inquiry into the Attack, it was found that victims felt the attack occurred within the context of widespread racism, discrimination and Islamophobia, where hostile behaviors, including hate-based threats and attacks, were rarely recorded, analysed or acted on. It was also found that the Government had inappropriately concentrated intelligence resources on the risk of ‘Islamist’ terrorism and had failed to adequately respond to concerns raised about threats against the Muslim community. In this light, the remarks of the sentencing judge can be seen to reflect a criminal justice system that, in the absence of other remedies, denies systemic accountability and renders hate crime an isolated incident rather than an expression of more widespread discrimination and hate to be holistically addressed. One of the recommendations of the Royal Commission was to explore with victims the desirability and design of restorative justice processes. This presents an opportunity for victims to meet with state representatives and pursue effective remedies (ICCPR art 2(3)) not only for the harm caused by the terrorist but the harm revealed by a system that has exposed the minority Muslim community in New Zealand to hate in all forms, including but not limited to violent extremism. In this sense, restorative justice can also assist the state in discharging its wider obligations to protect all persons from discrimination (art 26) and allow ethnic and religious minorities to enjoy their own culture and profess and practice their own religion (art 27). It can also help give effect to the law and its purpose as a remedy to hate crime, as expressed in this case study by the sentencing judge.

Keywords: hate crime, restorative justice, minorities, victims' rights

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1042 The Challenges Involved in Investigating and Prosecuting Hate Crime Online

Authors: Mark Williams

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The digital revolution has radically transformed our social environment creating vast opportunities for interconnectivity and social interaction. This revolution, however, has also changed the reach and impact of hate crime, with social media providing a new platform to victimize and harass users in their homes. In this way, developments in the information and communication technologies have exacerbated and facilitated the commission of hate crime, increasing its prevalence and impact. Unfortunately, legislators, policymakers and criminal justice professionals have struggled to keep pace with these technological developments, reducing their ability to intervene in, regulate and govern the commission of hate crimes online. This work is further complicated by the global nature of this crime due to the tendency for offenders and victims to reside in multiple different jurisdictions, as well as the need for criminal justice professionals to obtain the cooperation of private companies to access information required for prosecution. Drawing on in-depth interviews with key criminal justice professionals and policymakers with detailed knowledge in this area, this paper examines the specific challenges the police and prosecution services face as they attempt to intervene in and prosecute the commission of hate crimes online. It is argued that any attempt to reduce online othering, such as the commission of hate crimes online, must be multifaceted, collaborative and involve both innovative technological solutions as well as internationally agreed ethical and legal frameworks.

Keywords: cybercrime, digital policing, hate crime, social media

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1041 The Withdrawal of African States from the International Criminal Court

Authors: Allwell Uwazuruike

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With the withdrawal, in 2016, of 3 African states from the ICC, the discourse took an interesting twist. African states, or at least some of them, had now shown their resolve to part ways with the ICC and, by implication, focus on further enthroning regional control and governance through an improved continental justice system. A range of views has been expressed over the years on the allegations of bias by some African states and the continued membership of the ICC. While there may be a split on the merits of the allegations of bias, academic analysts have generally not opposed African states’ membership of the ICC nor been particularly optimistic about the prospects of an African criminal court. There is also a degree of ambivalence on whether there are positives to be taken from African states’ withdrawal from the ICC. This article examines the recent developments with the ICC and analyses whether these could be viewed from the positive (or, at least, alternative) spectrum of the AU’s spirited march towards regional sovereignty or entirely negatively from the point of view of African Heads-of-State seeking to enthrone an era of authoritarianism and non-accountability.

Keywords: international criminal court, Africa, regionalism, criminal justice

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1040 Big Data’s Mechanistic View of Human Behavior May Displace Traditional Library Missions That Empower Users

Authors: Gabriel Gomez

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The very concept of information seeking behavior, and the means by which librarians teach users to gain information, that is information literacy, are at the heart of how libraries deliver information, but big data will forever change human interaction with information and the way such behavior is both studied and taught. Just as importantly, big data will orient the study of behavior towards commercial ends because of a tendency towards instrumentalist views of human behavior, something one might also call a trend towards behaviorism. This oral presentation seeks to explore how the impact of big data on understandings of human behavior might impact a library information science (LIS) view of human behavior and information literacy, and what this might mean for social justice aims and concomitant community action normally at the center of librarianship. The methodology employed here is a non-empirical examination of current understandings of LIS in regards to social justice alongside an examination of the benefits and dangers foreseen with the growth of big data analysis. The rise of big data within the ever-changing information environment encapsulates a shift to a more mechanistic view of human behavior, one that can easily encompass information seeking behavior and information use. As commercial aims displace the important political and ethical aims that are often central to the missions espoused by libraries and the social sciences, the very altruism and power relations found in LIS are at risk. In this oral presentation, an examination of the social justice impulses of librarians regarding power and information demonstrates how such impulses can be challenged by big data, particularly as librarians understand user behavior and promote information literacy. The creeping behaviorist impulse inherent in the emphasis big data places on specific solutions, that is answers to question that ask how, as opposed to larger questions that hint at an understanding of why people learn or use information threaten library information science ideals. Together with the commercial nature of most big data, this existential threat can harm the social justice nature of librarianship.

Keywords: big data, library information science, behaviorism, librarianship

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1039 Factors Related to Employee Adherence to Rules in Kuwait Business Organizations

Authors: Ali Muhammad

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The purpose of this study is to develop a theoretical framework which demonstrates the effect of four personal factors on employees rule following behavior in Kuwaiti business organizations. The model suggested in this study includes organizational citizenship behavior, affective organizational commitment, organizational trust, and procedural justice as possible predictors of rule following behavior. The study also attempts to compare the effects of the suggested factors on employees rule following behavior. The new model will, hopefully, extend previous research by adding new variables to the models used to explain employees rule following behavior. A discussion of issues related to rule-following behavior is presented, as well as recommendations for future research.

Keywords: employee adherence to rules, organizational justice, organizational commitment, organizational citizenship behavior

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1038 The Challenge of Graduate Unemployment in Nigeria: The Role of Entrepreneurship Education

Authors: Sunday Ose Ugadu

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Unemployment, especially graduate unemployment is, for now, the greatest problem facing Nigeria as a nation. It is responsible for most of the other ills of the country, including kidnapping, armed robbery, youth restiveness, thuggery, to mention but a few. More and more people in Nigeria are now losing confidence in the prospect of tertiary education as an instrument par excellence for effecting national development. This paper, therefore, critically examined the problem of graduate unemployment in Nigeria. It briefly traced the history of university education in Nigeria. The rate and causes of graduate unemployment in Nigeria were also discussed. Previous attempts made by the government to solve the problem of unemployment were highlighted. The paper also harped on the prospect of entrepreneurship education as an instrument for fighting graduate unemployment identifying obstacles to entrepreneurship education in Nigeria. The paper drew conclusion, and major recommendation made was a call for converting the National Youth Service Corps Scheme in Nigeria to entrepreneurship and skills acquisition scheme as soon as possible.

Keywords: graduate, unemployment, entrepreneurship education, national development

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1037 JEDI Now! Creating a Knowledge Platform to Achieve Justice Equity Diversity and Inclusion (JEDI) in Higher Education Geared Towards Internationalisation

Authors: Naziema Jappie

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There is a wealth of knowledge about JEDI (Justice Equity Diversity Inclusion), but unfortunately this remains at a discrete initiative level at universities. South African universities are committed to social justice by promoting inclusive teaching, learning and research environments, diversity and equity in access and participation of students and staff regardless of age; disability; gender; sexual orientation; nationality, ethnic or national origin; religion; and socioeconomic background in all aspects of higher education at a national level. Universities strive to promote and protect equal rights and equity of access is safeguarded for international students by recognizing the foreign policies and practices. Nevertheless, many international students remain underrepresented, alienated and often without employment. Universities see internationalisation as a commercial venture, but where does JEDI fit into this plan? Given the focus on diversity in higher education institutions, one would assume that JEDI should have a broader compass rather than a narrow scope. Over the past decades, national trends have emerged in the commitment to international diversification by admitting students and recruiting staff, mainly from the African continent. Most importantly, emergence of statements of broader diversity and equity plans across the campuses, included in the strategic plans of institutions are counterproductive to the statements of the Employment Equity plans and targets when aligned to the recruitment processes. These trends are certainly significant and relevant given the increasing diverse populations in higher education. What is missing in JEDI initiatives is the lack of global perspective and situating JEDI within a larger and inclusive context to embrace institutional internationalization. It is not a separate construct but internationalization framework takes the JEDI vision from local to global. Embracing JEDI and internationalization are fundamental for future economic growth. JEDI creates diverse perspectives and builds a team of top diverse and international talent that will gives a competitive edge. Increasing internationalization efforts and creating a knowledge platform will affect the innovation performance of the economy. Transforming South African policies require a comprehensive educational strategy on justice, equity, diversity, and inclusion (JEDI).

Keywords: equity, diversity, inclusion, internationalization, justice, higher education

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1036 School Refusal Behaviours: The Roles of Adolescent and Parental Factors

Authors: Junwen Chen, Celina Feleppa, Tingyue Sun, Satoko Sasagawa, Michael Smithson

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School refusal behaviours refer to behaviours to avoid school attendance, chronic lateness in arriving at school, or regular early dismissal. Poor attendance in schools is highly correlated with anxiety, depression, suicide attempts, delinquency, violence, and substance use and abuse. Poor attendance is also a strong indicator of lower achievement in school, as well as problematic social-emotional development. Long-term consequences of school refusal behaviours include fewer opportunities for higher education, employment, and social difficulties, and high risks of later psychiatric illness. Given its negative impacts on youth educational outcomes and well-being, a thorough understanding of factors that are involved in the development of this phenomenon is warranted for developing effective management approaches. This study investigated parental and adolescent factors that may contribute to school refusal behaviours by specifically focusing on the role of parental and adolescents’ anxiety and depression, emotion dysregulation, and parental rearing style. Findings are expected to inform the identification of both parental and adolescents’ factors that may contribute to school refusal behaviours. This knowledge will enable novel and effective approaches that incorporate these factors to managing school refusal behaviours in adolescents, which in turn improve their school and daily functioning. Results are important for an integrative understanding of school refusal behaviours. Furthermore, findings will also provide information for policymakers to weigh the benefits of interventions targeting school refusal behaviours in adolescents. One-hundred-and-six adolescents aged 12-18 years (mean age = 14.79 years old, SD = 1.78, males = 44) and their parents (mean age = 47.49 years old, SD = 5.61, males = 27) completed an online questionnaire measuring both parental and adolescents’ anxiety, depression, emotion dysregulation, parental rearing styles, and adolescents’ school refusal behaviours. Adolescents with school refusal behaviours reported greater anxiety and depression, with their parents showing greater emotion dysregulation. Parental emotion dysregulation and adolescents’ anxiety and depression predicted school refusal behaviours independently. To date, only limited studies have investigated the interplay between parental and youth factors in relation to youth school refusal behaviours. Although parental emotion dysregulation has been investigated in relation to youth emotion dysregulation, little is known about its role in the context of school refusal. This study is one of the very few that investigated both parental and adolescent factors in relation to school refusal behaviours in adolescents. The findings support the theoretical models that emphasise the role of youth and parental psychopathology in school refusal behaviours. Future management of school refusal behaviours should target adolescents’ anxiety and depression while incorporating training for parental emotion regulation skills.

Keywords: adolescents, school refusal behaviors, parental factors, anxiety and depression, emotion dysregulation

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1035 Homophily in Youth Athletics: Sociodemographics, Group Cohesion, and the Psychology of Performance in Sport

Authors: Brandon Ko

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Whether it’s a kitchen staff or a law firm, many groups tend to have homogenous characteristics of race, gender, interests, and goals. Social groups are not typically random samples of the population and will usually have common identifiers. According to Blau, age, sex, and education all play salient roles in shaping relationships within members of society. So if there is some degree of homogeneity within groups, the question arises whether this is beneficial or harmful to a group’s effectiveness. There has been much disagreement in the scientific community as to whether the presence of homophily benefits or hinders an athletic team's cohesiveness. For this paper, a comparative study of research of soccer case studies that followed various, youth players was studied against examinations of the effects that such a culture has on athletes. The case studies were used as evidence to determine what kind of homophily existed within the soccer camps. One case study followed several European developmental clubs such as Bayern Munich and Barcelona. Another study followed eight different players, four of each gender, implementing a similar method of interviewing, observing, and questioning. The individual and team goals of each athlete were reviewed to see which teams and players were ego-oriented and which were team-oriented. Additionally, there had been little research done on the relationship between homophily and how it applies to the sport community, suggesting the need to develop this neglected problem in applied psychology. This paper argues that the benefits of an egalitarian culture and stronger relations with people of a similar socio-demographic outweigh the liabilities of cohesion like being stereotyped and a lack of network outside the group as produced by homophily in athletic competition.

Keywords: group cohesion, homophily, sports psychology, youth athletics

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1034 African Culture and Youth Morality: A Critique of the On-Going Transitional Rites in Thulamela Municipality, South Africa

Authors: Bassey Rofem Inyang, Matshidze Pfarelo, Mabale Dolphin

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Using a qualitative descriptive design, this study established the consequences of the on-going transitional rites on youth morality in the Thulamela Local Municipality, South Africa. The participants were sampled using a non-random sampling procedure, specifically, a purposive sampling technique and a snowball sampling technique. A semi-structured interview guide was recruited to collect data from the Indigenous Knowledge (IK) custodians, the parents of the youths and the youths until the point of saturation. The analysis was performed using a thematic content method. With the emergence of themes and sub-themes, broad categories were generated to differentiate and explain the thoughts expressed by the various respondents and the observations made in the field. The study findings suggest that the on-going transitional rites are depicted by weekend social activities with the practice of substance use and abuse among the youths at recreational spots. The transitional rites are structured under the guise of “freaks” as an evolving culture among the youths. The freaks culture is a counterculture of the usual initiation schools for transitional rites of passage which is believed to instill morality among youths. The findings comprehensively show that the on-going transitional rites influence inappropriate youth morality. This study concluded that the on-going transitional rites activities and practices evolved as a current socialization standard for quick maturity status; as a result, it will be challenging to provide a complete turnaround of this evolving culture. The study, however, recommends building on the exciting transitional rites of passage to moderate appropriate youths’ morality in Thulamela communities.

Keywords: morality, transitional rites, youths, behaviour

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1033 Active Victim Participation in the Criminal Justice System: The Indian Scenario

Authors: Narayani Sepaha

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In earlier days, the sufferer was burdened to prove the offence as well as to put the offender to punishment. The adversary system of legal procedure was characterized simply by two parties: the prosecution and the defence. With the onset of this system, firstly the judge started acting as a neutral arbitrator, and secondly, the state inadvertently started assuming the lead role and thereby relegated the victims to the position of oblivion. In this process, with the increasing role of police forces and the government, the victims got systematically excluded from the key stages of the case proceedings and were reduced to the stature of a prosecution witness. This paper tries to emphasise the increasing control over the various stages of the trial, by other stakeholders, leading to the marginalization of victims in the trial process. This monopolization has signalled the onset of an era of gross neglect of victims in the whole criminal justice system. This consciousness led some reformists to raise their concerns over the issue, during the early part of the 20th century. They started supporting the efforts which advocated giving prominence to the participation of victims in the trial process. This paved the way for the evolution of the science of victimology. Markedly the innovativeness to work out facts, seek opinions and statements of the victims and reassure that their voice is also heard has ensured the revival of their rightful roles in the justice delivery system. Many countries, like the US, have set an example by acknowledging the advantages of participation of victims in trials like in the proceedings of the Ariel Castro Kidnappings of Cleveland, Ohio and enacting laws for protecting their rights within the framework of the legal system to ensure speedy and righteous delivery of justice in some of the most complicated cases. An attempt has been made to flag that the accused have several rights in contrast to the near absence of separate laws for victims of crime, in India. It is sad to note that, even in the initial process of registering a crime the victims are subjected to the mercy of the officers in charge and thus begins the silent suffering of these victims, which continues throughout the process of their trial. The paper further contends, that the degree of victim participation in trials and its impact on the outcomes, can be debated and evaluated, but its potential to alter their position and make them regain their lost status cannot be ignored. Victim participation in trial proceedings will help the court in perceiving the facts of the case in a better manner and in arriving at a balanced view of the case. This will not only serve to protect the overall interest of the victims but will act to reinforce the faith in the criminal justice delivery system. It is pertinent to mention that there is an urgent need to review the accused centric prosecution system and introduce appropriate amendments so that the marginalization of victims comes to an end.

Keywords: victim participation, criminal justice, India, trial, marginalised

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1032 An excessive Screen Time of High School Students in Their Free Time Promotes Our Young People’s Risk of Obesity

Authors: Susana Aldaba Yaben, Marga Echauri Ozcoidi, Rosario Osinaga Cenoz

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It was decided to make a diagnosis with students of Berriozar High School between 12 and 15 years (both included) for their lifestyles in relation to eating habits, BMI (Body Mass Index), physical activity, drugs, interpersonal relationships and screen time. The aim of this survey is identifying needs of this population and depending on the results, we could program socio-educational activities. This action is part of the Community Health Promotion Programme and healthy lifestyles in childhood and youth of Berriozar. The eating habits, a lack of physical activity and an excessive screen time are causes of 26,75% of obese or overweight young people. First of all, many of them have got a diet enriched in saturated fats and sugars. Secondly, most of them do not practise physical exercise daily and finally, their screen time are higher than the recommendation (until 2 hours a day).

Keywords: lifestyle, diet, BMI, physical activity, screen time, education, youth

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1031 Economic Community of West African States Court of Justice and the Development of Human Rights Jurisprudence in Africa: A Difficult Take-off with a Bright and Visionary Landing

Authors: Timothy Fwa Yerima

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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

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1030 On the Road towards Effective Administrative Justice in Macedonia, Albania and Kosovo: Common Challenges and Problems

Authors: Arlinda Memetaj

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A sound system of administrative justice represents a vital element of democratic governance. The proper control of public administration consists not only of a sound civil service framework and legislative oversight, but empowerment of the public and courts to hold public officials accountable for their decision-making through the application of fair administrative procedural rules and the use of appropriate administrative appeals processes and judicial review. The establishment of both effective public administration and administrative justice system has been for a long period of time among the most ‘important and urgent’ final strategic objectives of almost any country in the Balkans region, including Macedonia, Albania and Kosovo. Closely related to this is their common strategic goal to enter the membership in the European Union, which requires fulfilling of many criteria and standards as incorporated in EU acquis communautaire. The latter is presently done with the framework of the Stabilization and Association Agreement which each of these countries has concluded with the EU accordingly. To above aims, each of the three countries has so far adopted a huge series of legislative and strategic documents related to any aspects of their individual administrative justice system. ‘Changes and reforms’ in this field have been thus the most frequent terms being used in any of these countries. The three countries have already established their own national administrative judiciary, while permanently amending their laws on the general administrative procedure introducing thereby considerable innovations concerned. National administrative courts are expected to have crucial important role within the broader judiciary systems-related reforms of these countries; they are designed to check the legality of decisions of the state administration with the aim to guarantee an effective protection of human rights and legitimate interests of private persons through a regular, conform, fast and reasonable judicial administrative process. Further improvements in this field are presently an integral crucial part of all the relevant national strategic documents including the ones on judiciary reform and public administration reform, as adopted by each of the three countries; those strategic documents are designed among others to provide effective protection of their citizens` rights` of administrative justice. On the basis of the later, the paper finally is aimed at highlighting selective common challenges and problems of the three countries on their European road, while claiming (among others) that the current status quo situation in each of them may be overcome only if there is a proper implementation of the administrative courts decisions and a far stricter international monitoring process thereof. A new approach and strong political commitment from the highest political leadership is thus absolutely needed to ensure the principles of transparency, accountability and merit in public administration. The main methods used in this paper include the analytical and comparative ones due to the very character of the paper itself.

Keywords: administrative courts , administrative justice, administrative procedure, benefit, effective administrative justice, human rights, implementation, monitoring, reform

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1029 Accessibility of Social Justice through Social Security in Indian Organisations: Analysis Based on Workforce

Authors: Neelima Rashmi Lakra

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India was among one of the highly developed economy up to 1850 due to its cottage industries. During the end of the 18th century, modern industrial enterprises began with the first cotton mill in Bombay, the jute mill near Calcutta and the coal mine in Raniganj. This was counted as the real beginning of industry in 1854 in India. Prior to this period people concentrated only to agriculture, menial service or handicraft, and the introduction of industries exposed them to the disciplines of factory which was very tedious for them. With increasing number of factories been setup adding on to mining and introduction of railway, World War Period (1914-19), Second World War Period (1939-45) and the Great Depression (1929-33) there were visible change in the nature of work for the people, which resulted in outburst of strike for various reasons in these factories. Here, with India’s independence there was emergence of public sector industries and labour legislations were introduced. Meanwhile, trade unions came to notice to the rescue of the oppressed but failed to continue till long. Soon after, with the New Economic Policy organisations came across to face challenges to perform their best, where social justice for the workmen was in question. On these backdrops, studies were found discussing the central human capabilities which could be addressed through Social Security schemes. Therefore, this study was taken up to look at the reforms and legislations mainly meant for the welfare of the labour. This paper will contribute to the large number of Indian population who are serving in public sectors in India since the introduction of industries and will complement the issue of social justice through social security measures among this huge crowd serving the nation. The objectives of the study include; to find out what labour Legislations have already been existing in India, the role of Trade Union Movement, to look at the effects of New Economic Policy on these reforms and its effects and measures taken for the workforce employed in the public sectors and finally, if these measures fulfil the social justice aspects for the larger society on whole. The methodology followed collection of data from books, journal articles, reports, company reports and manuals focusing mainly on Indian studies and the data was analysed following content analysis method. The findings showed the measures taken for Social Security, but there were also reflections of very few particular additions or amendments to these Acts and provisions with the onset of New Liberalisation Policy. Therefore, the study concluded examining the social justice aspects in the context of a developing economy and discussing the recommendations.

Keywords: public sectors, social justice, social security schemes, trade union movement

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1028 Attitudes towards Recreation: An Empirical Study of Youth’s Recreation Development in Bida-Nigeria

Authors: Kingsley Ononogbo, Ashiru Bello

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The purpose of this study is to determine the factors responsible for the inclination of the youths of Bida to passive recreation, with a view to finding out whether their occupations influence their attitudes towards active recreation. Using the 5-point Likert scale, a total number of 267 participants were drawn from the two major wards in Bida town. They are Cheniyan and Nassarafu. Study evidence revealed that youths were constrained from participating in active recreation due to preoccupation with family responsibilities and lack of their choices of recreational facilities. The result of the Chi Square Test showed that the youths had positive attitudes towards physical exercises, while the Spearman’s Correlation (r=0.21) signifies a positive but weak correlation. The P- value, however, equals .7610 which is greater than 0.05 and, so significant. The study concluded by suggesting regular enlightenment programmes, focusing on the values of participating in active recreation, and building and maintenance of desired neighborhood recreation facilities for youths, as a measure to encourage them to take part in the active form of recreation.

Keywords: attitudes, Bida, recreation development, recreation of youth

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1027 Role of Judiciary in Developing Countries

Authors: Amir Shafiq, Asif Shahzad, Shabbar Mehmood, Muhammad Saeed, Hamid Mustafa

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Administration of justice in a society is evolutionary process. In pre-modern societies vital organs that we consider separate today i.e. legislation, implementation and adjudication were controlled by a King, the sovereign authority. Whereas now it is recognized that Development of a country revolves in seven arenas i.e. Civil Society, Political Society, Economic Society, Legislature, Judiciary, Executive & Bureaucracy. Each society whether developing or developed, has need of institutions and structures that can resolve difference of opinions of private or public nature between contending parties. Administration of justice has a key-role in the development of the society. Through this paper, it is to highlight that an independent judiciary having the support of public opinion therefore is inevitable to wriggle out from such problems in order to restore and protect the fundamental rights, constitution and democratic political system in third world countries like Pakistan.

Keywords: role of judiciary, developing countries, judicial activism, present scenario

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1026 Rate of Profit as a Pricing Benchmark in Islamic Banking to Create Financial Stability

Authors: Trisiladi Supriyanto

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Although much research has been done on the pricing benchmark both in terms of fiqh or Islamic economic perspective, but no substitution for the concept of interest (rate of interest) up to now in the application of Islamic Banking because some of the jurists from the middle east even allow the use of a benchmark rate such as LIBOR (London Interbank Offered Rate) as a measure of Islamic financial asset prices, so in other words, they equate the concept of rate of interest with the concept of rate of profit, which is the core reason (raison detre) for the replacement of usury as instructed in the Quran. This study aims to find the concept of rate of profit on Islamic banking that can create economic justice and stability in Islamic Banking and Capital market. Rate of profit that creates economic justice and stability can be achieved through its role in maintaining the stability of the financial system in which there is an equitable distribution of income and wealth. To determine the role of the rate of profit as the basis of the sharing system implemented in the Islamic financial system, we can see the connection of rate of profit in creating financial stability, especially in the asset-liability management of financial institutions that generate a stable net margin or the rate of profit that is not affected by the ups and downs of the market risk factors including indirect effect on interest rates. Furthermore, Islamic financial stability can be seen from the role of the rate of profit on the stability of the Islamic financial assets that are measured from the Islamic financial asset price volatility in Islamic Bond Market in Capital Market.

Keywords: Rate of profit, economic justice, stability, equitable distribution of income, equitable distribution of wealth

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1025 The Big Five Personality Traits and Environmental Factors as Predictors of the Antisocial Behaviours among Juveniles

Authors: Karol Konaszewski

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Background: The article is an analysis of the results of the studies conducted among juveniles (boys and girls) in the case of whom the family court applied the educational means of placing them in the youth educational centers. The aim of the study was to find out the correlations between antisocial behaviors, personality traits and the environmental determinants (support factors and risk factors) among juveniles (boys and girls). Methods: The total of 481 juveniles staying in youth educational centers participated in the study. Applied research tools: The Antisocial Behaviors Scale by L. Pytka, NEO-FFI by P. T. Costa and R. R. McCrae was used to diagnose personality traits included in a popular five-factor model (it has been adapted into Polish by B. Zawadzki, J. Strelau, P. Szczepaniak, and M. Śliwińska) and a questionnaire concerning support factors and risk factors was constructed to measure environmental determinants. The data was analysed in a regression model. Findings: The analysis model showed that the significant predictors of antisocial behaviors were neuroticism, extraversion, conscientiousness and negative relations at school. In girls group, the significant predictors of antisocial behaviors were neuroticism, conscientiousness, family support and negative relations at school, while in boys group the significant predictors of antisocial behaviors were neuroticism, extraversion and negative relations at family. Discussion: The results of this study have important implications. They allow for a better understanding of the factors that contribute to antisocial behaviors among juveniles. Future interventions could be based on the creation of personality traits, strengthening of support factors and correction of risk factors.

Keywords: antisocial behaviours, juveniles, personality, youth

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1024 IT Systems of the US Federal Courts, Justice, and Governance

Authors: Joseph Zernik

Abstract:

The mechanics of rip currents are complex, involving interactions between waves, currents, water levels and the bathymetry, that present particular challenges for numerical models. Here, the effects of a grid-spacing dependent horizontal mixing on the wave-current interactions are studied. Near the shore, wave rays diverge from channels towards bar crests because of refraction by topography and currents, in a way that depends on the rip current intensity which is itself modulated by the horizontal mixing. At low resolution with the grid-spacing dependent horizontal mixing, the wave motion is the same for both coupling modes because the wave deviation by the currents is weak. In high-resolution case, however, classical results are found with the stabilizing effect of the flow by feedback of waves on currents. Lastly, wave-current interactions and the horizontal mixing strongly affect the intensity of the three-dimensional rip velocity.

Keywords: e-justice, federal courts, human rights, banking regulation, United States

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1023 Decision-making in the provision of Accessible Veterinary Care

Authors: Ellen Bryant, Virginia Behmer, Rebecca Garbed, Jeanette O’Quin, Dana Howard

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As it currently stands, veterinary care in the United States is not accessible to everyone, and veterinarians regularly face cases of clients who are unable to provide necessary care to their animals regardless of the client’s desire to do so. There is currently limited research into how veterinarians address these issues of access to care. It is apparent that veterinarians regularly utilize funding or offer discounted services to treat cases that otherwise would go without care. With need currently exceeding the amount of funds and services available, veterinarians are tasked with deciding which cases are most deserving of assistance. This mixed methods study distributed a survey to companion animal veterinarians practicing in the United States to identify current trends in how these professionals apply principles of distributive justice in the scope of veterinary medicine. Ethical frameworks identified in human bioethics research into distributive justice were presented, along with demographic questions, to identify relationships between veterinarian priorities and the scope of their practice/respective roles/geographic region. By surveying veterinarians across a wide range of specialties, practice types, and clientele this study was able to assess how priorities and opinions shift based on external factors as well as among the respondents themselves. Participants were asked not only to choose how to distribute aid between different clients and case scenarios, but also asked directly which is the best way to distribute aid when need exceeds the resources available.

Keywords: access to veterinary care, bioethics, decision-making, distributive justice, subsidized care

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1022 Domestic Violence in Haryana: A Grassroot Picture of Justice System

Authors: Vandana Dave, Neelam Kumari

Abstract:

India, a fast growing global power, is climbing the ladder of success very swiftly and has been attracting the world’s attention in recent decades. But unfortunately in the modern society, women who constitute half the population of our country have been the victims of violence in different fields of life both physically, socially, mentally and economically. Women face a lot of societal pressure, gender based violence – including rape, domestic violence, dowry death, murder and sexual abuse. But none the less, it is not considered as a problem of serious concern. Among the issues related to women, domestic violence is one of the major issue in our society which is occurring within the safe confines of home at the hands of close family members and cuts across line of race, nationality, language, culture, economics, sexual orientation, physical ability and religion to affect women from all walks of life. It is not to be perceived as a law and order problem alone but it is a socio- cultural problem and it is directly affecting the family life, health of women and life of children. Structural imbalance of power, systematic gender based discrimination; inequality between women and men and other kind of subordination are the context and cause of violence against women. Understanding it as a major problem of our society, the present study was conducted to assess the status of women of Rohtak, district of Haryana. The present study is based on primary and secondary data, adopting feminist research methodology. Case study method was incorporated during the research. It was observed that violence varied according to different age groups of women, marital status, education status, economic status and sociodemography factors. The case studies depicted the inadequate justice system for the victims of domestic violence. The study also revealed that the victims failed to understand the judiciary system and considered themselves helpless and hopeless. The study indicates the need of women friendly justice system for the upliftment of the society.

Keywords: domestic violence, women, victim, justice

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1021 Women's Pathways to Prison in Thailand

Authors: Samantha Jeffries, Chontit Chuenurah

Abstract:

Thailand incarcerates the largest number of women and has the highest female incarceration rate in South East Asia. Since the 1990s, there has been a substantial increase in the number, rate and proportion of women imprisoned. Thailand places a high priority on the gender specific contexts out of which offending arises and the different needs of women in the criminal justice system. This is manifested in work undertaken to guide the development of the United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders (the Bangkok Rules); adopted by the United Nations General Assembly in 2010. The Bangkok Rules make a strong statement about Thailand’s recognition of and commitment to the fair and equitable treatment of women throughout their contact with the criminal justice system including at sentencing and in prison. This makes the comparatively high use of imprisonment for women in Thailand particularly concerning and raises questions about the relationship between gender, crime and criminal justice. While there is an extensive body of research in Western jurisdictions exploring women’s pathways to prison, there is a relative dearth of methodologically robust research examining the possible gendered circumstances leading to imprisonment in Thailand. In this presentation, we will report preliminary findings from a qualitative study of women’s pathways to prison in Thailand. Our research aims were to ascertain: 1) the type, frequency, and context of criminal behavior that led to women’s incarceration, 2) women’s experiences of the criminal justice system, 3) the broader life experiences and circumstances that led women to prison in Thailand. In-depth life history interviews (n=77) were utilized to gain a comprehensive understanding of women’s journeys into prison. The interview schedule was open-ended consisting of prisoner responses to broad discussion topics. This approach provided women with the opportunity to describe significant experiences in their lives, to bring together distinct chronologies of events, and to analyze links between their varied life experiences, offending, and incarceration. Analyses showed that women’s journey’s to prison take one of eight pathways which tentatively labelled as follows, the: 1) harmed and harming pathway, 2) domestic/family violence victimization pathway, 3) drug connected pathway, 4) street woman pathway, 5) economically motivated pathway, 6) jealousy anger and/or revenge pathway, 7) naivety pathway, 8) unjust and/or corrupted criminal justice pathway. Each will be fully discussed during the presentation. This research is significant because it is the first in-depth methodologically robust exploration of women’s journeys to prison in Thailand and one of a few studies to explore gendered pathways outside of western contexts. Understanding women’s pathways into Thailand’s prisons is crucial to the development of effective planning, policy and program responses not only while women are in prison but also post-release. To best meet women’s needs in prison and effectively support their reintegration, we must have a comprehensive understanding of who these women are, what offenses they commit, the reasons that trigger their confrontations with the criminal justice system and the impact of the criminal justice system on them.

Keywords: pathways, prison, women, Thailand

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1020 Assessing the Perception of Indian Youths towards Poverty

Authors: Antarjeeta Nayak, Jalandhar Pradhan, Ramakrishna Biswal

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Poverty is a complex phenomenon influenced by a large number of factors and which can be studied from many different perspectives. Most of the poverty assessments can be divided into three broad categories- construction of poverty profile (who the poor are), causes of poverty (why people are poor) and poverty alleviation strategies (what to do about poverty). In this regard, we need to know more about poverty, the factors that drive it and those that maintain it. Specifically, how people perceive and experience poverty will generate a body of knowledge that would enable government and poverty alleviation agencies to better target their interventions and understand the stigma associated with poverty. In the Indian context, the perceptions of the causes of poverty are particularly relevant because of the persistent higher percent of people below poverty line and wider economic-social inequalities despite the continuing decline of poverty in the present times. In this study we investigated the perceived attributions for poverty among youths (University students) in India. A questionnaire having 35 questions was administered to a sample of 200 University students (n=200). Findings showed that Indian youth were more inclined to attribute poverty to Structural factors; supporting system-blame hypothesis.

Keywords: poverty, perception of the causes of poverty, Indian youth, social sciences and humanities

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1019 Juvenile Justice System in India: Pre and Post Nirbhaya Case

Authors: Vaibhav Singh Parihar

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Incidents of serious offenses being committed by children are increasing day by day thereby becoming a matter of great concern. The involvement of a 17-year-old boy in the incident that took place on 16th December 2012 (most commonly known as ‘Nirbhaya Case’)wherein a 23-year-old girl was brutally gang-raped and thrown out of the moving bus, took the entire nation by shock. Previously, the legislation dealing with juvenile delinquency in India considered a child to be juvenile if he/she was below the age of 18 years. As a consequence, the accused who was just six months short of attaining the age of 18 years was convicted for only three years. The primary objective of the study is to understand the gravity as to why the need for distinguishing a child and juvenile arose in this time and to what extent legislations are successful in this regard. It initially explains the history and evolution of juvenile legislation in India and the provisions contained in the Indian Constitution. It then goes on to explain the causes of juvenile delinquency in India. Further, the study focuses on the latest trends that have developed in juvenile delinquency, explaining how the Nirbhaya Case led to the amendments made to the Juvenile Justice Act, 2010. Also, it focuses on the Child Rights and Child Protection and the stand taken by the National Human Rights Commission and the international community. An attempt has been made to settle the debate as to whether the juvenile justice system in India is reformative or punitive. The need for amendment in the Juvenile Justice Act is also highlighted. The outcome of the study suggests that the legislation relating to juvenile delinquency have not been able to achieve the desired results. The age determination method in our system has been given paramount importance. The maximum punishment prescribed, even for heinous crimes, is only three years. Also, the reformative style of punishment is not adequate and more emphasis should be laid on penalization. Finally, the author concludes that the legislation has failed at creating a deterrent effect. It is suggested to strengthen the role of government authorities and to sensitize people in this regard to increase community participation. A non-doctrinal and analytical approach has been adopted and secondary sources of data have been relied upon by the author for conducting the research for the study.

Keywords: child, delinquency, juvenile, Nirbhaya case

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1018 Coaches Attitudes, Efficacy and Proposed Behaviors towards Athletes with Hidden Disabilities: A Review of Recent Survey Research

Authors: Robbi Beyer, Tiffanye Vargas, Margaret Flores

Abstract:

Within the United States, youths with hidden disabilities (specific learning disabilities, attention deficit hyperactivity disorder, emotional behavioral disorders, mild intellectual disabilities and speech/language disorders) can often be part of the kindergarten through twelfth grade school population. Because individuals with hidden disabilities have no apparent physical disability, learning difficulties may be overlooked and these youths may be mistakenly labeled as unmotivated, or defiant because they don't understand and follow directions, or maintain enough attention to remember and perform. These behaviors are considered especially challenging for youth sport coaches to manage and they often find it difficult to successfully select and deliver effective accommodations for the athletes. These deficits can be remediated and compensated through the use of research-validated strategies and instructional methods. However, while these techniques are commonly included in teacher preparation, they rarely, if ever, are included in coaching preparation. Therefore, the purpose of this presentation is to summarize consecutive research studies that examined coaching education within the United States for youth athletes with hidden disabilities. Each study utilized a questionnaire format to collect data from coaches on attitudes, efficacy and solutions for addressing challenging behaviors. Results indicated that although the majority of coaches’ attitudes were positive and they perceived themselves confident in working with athletes who have hidden disabilities, there were significant differences in the understanding of appropriate teaching strategies and techniques for this population. For example, when asked to describe a videotaped situation of why an athlete is not performing correctly, coaches often found the athlete to be at fault, as opposed to considering the possibility of faulty directions, or the need for accommodations in teaching/coaching style. When considering coaches’ preparation, 83% of participants declared they were inadequately prepared to coach athletes with hidden disabilities and 92% strongly supported improved preparation for coaches. The comprehensive examination of coaches’ perceptions and efficacy in working with youth athletes with hidden disabilities has provided valuable insight and highlights the need for continued research in this area.

Keywords: health, hidden disabilties, physical activity, youth recreational sports

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1017 Racial Bias by Prosecutors: Evidence from Random Assignment

Authors: CarlyWill Sloan

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Racial disparities in criminal justice outcomes are well-documented. However, there is little evidence on the extent to which racial bias by prosecutors is responsible for these disparities. This paper tests for racial bias in conviction by prosecutors. To identify effects, this paper leverages as good as random variation in prosecutor race using detailed administrative data on the case assignment process and case outcomes in New York County, New York. This paper shows that the assignment of an opposite-race prosecutor leads to a 5 percentage point (~ 8 percent) increase in the likelihood of conviction for property crimes. There is no evidence of effects for other types of crimes. Additional results indicate decreased dismissals by opposite-race prosecutors likely drive my property crime estimates.

Keywords: criminal justice, discrimination, prosecutors, racial disparities

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1016 The Emerging Global Judicial Ethics: Issues and Problems

Authors: Caroline Foulquier-Expert

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In many states around the world, actions to improve judicial ethics are developing significantly through the production of professional standards for judges. The quest to improve the ethics of judges is legitimate. However, as this development tends to be very important at the moment, some risks it presents must be highlighted. Indeed, if the objective of improving Judges’ Ethics is legitimate, it can also lead to banalization of justice, reinforcement of criticism against the judiciary and to broach incidentally the question of the limits of judgment, which is most perilous for the independence of the judiciary. This research, based on case studies, interviews with judges and an analysis of the literature on this topic (mainly from the United States of America and European Union Member States), tends to draw attention to the fact that the result of the development of these professional standards is that the ethical requirements of judges become ethical requirements of justice, which is an undesirable effect of which we must be aware, in order to prevent it.

Keywords: judicial ethics, codes of conduct, independence, limits of judgment

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