Search results for: intellectual property rights
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 3218

Search results for: intellectual property rights

2858 Connecting African Ubuntu and Social Work Practices for Human Rights: The Value of Dignity and Worth of a Person

Authors: Meinrad Haule Lembuka

Abstract:

Social work profession one of its primary mission is to restore and maintain human rights where social workers recognise all humanity as equal, and so too the philosophies that have developed across the world’s regions. Ubuntu means African Humanism, where realization of human rights has been a primary role for every member of community to protect other member. Before Universal declaration of human rights, African societies had a long history of embracing human rights through Ubuntu approach model. The article used Ubuntu theory to guide the review process of existing literature since Ubuntu theory since is grounded in African cultural values and ecology, and it was thought that application of Ubuntu theory was relevant to reflect reality of Ubuntu model and indigenization of social work in African context. Results have shown that in realization of human rights, Ubuntu was practiced is termed as model, philosophy, cultural values, way of life or framework originated in sub-sahara Africa and some of remarkably practice model in several African communities such as Angola, (gimuntu), Botswana (muthu), Burkina Faso (maaya), Ghana (biako ye), Malawi (umunthu), Mali (maaya/hadama de ya), Namibia (omundu), Nigeria (mutunchi/iwa/agwa), (bantu), Sierra Leonne (maaya), South Africa (ubuntu/botho) and Tanzania (utu/obuntu/bumuntu). Collective and holistic mechanism of Ubuntu is found through an Ubuntu framework that is contributed by individual, family, community and spirit that is characterised by interconnectedness of all things and beings. Each society has its own name but the practice remained the same and realization of human rights in Africa context was centred through human dignity, Ubuntu is built under cultural values of humanism that brings implications for African social worker to integrate this indigenous model into social work practice in restoring and maintain human rights. Social workers should promote policies and practices that demonstrate respect for human life, difference, support and expansion of cultural knowledge and resources, advocate for programmes and institutions that demonstrate cultural competence and promote policies that safeguard the rights and confirm equity and social justice for all people.

Keywords: African ubuntu, indigenous practice, African humanism, African human rights, social work and human rights

Procedia PDF Downloads 44
2857 An Approach to Make Low-Cost Self-Compacting Geo-Polymer Concrete

Authors: Ankit Chakraborty, Raj Shah, Prayas Variya

Abstract:

Self-compacting geo-polymer concrete is a blended version of self-compacting concrete developed in Japan by Okamura. H. in 1986 and geo-polymer concrete proposed by Davidovits in 1999. This method is eco-friendly as there is low CO₂ emission and reduces labor cost due to its self-compacting property and zero percent cement content. We are making an approach to reduce concreting cost and make concreting eco-friendly by replacing cement fully and sand by a certain amount of industrial waste. It will reduce overall concreting cost due to its self-compatibility and replacement of materials, forms eco-friendly concreting technique and gives better fresh property and hardened property results compared to self-compacting concrete and geo-polymer concrete.

Keywords: geopolymer concrete, low cost concreting, low carbon emission, self compactability

Procedia PDF Downloads 218
2856 Weyl Type Theorem and the Fuglede Property

Authors: M. H. M. Rashid

Abstract:

Given H a Hilbert space and B(H) the algebra of bounded linear operator in H, let δAB denote the generalized derivation defined by A and B. The main objective of this article is to study Weyl type theorems for generalized derivation for (A,B) satisfying a couple of Fuglede.

Keywords: Fuglede Property, Weyl’s theorem, generalized derivation, Aluthge transform

Procedia PDF Downloads 113
2855 Legal Warranty in Real Estate Registry in Albania

Authors: Elona Saliaj

Abstract:

The registration of real estate in Albania after the 90's has been a long process in time and with high cost for the country. Passing the registration system from a centralized system to a free market private system, it’s accompanied by legal uncertainties that have led to economic instability. The reforms that have been undertaken in terms of property rights have been numerous and continuous throughout the years. But despite the reforms, the system of registration of real estate, has failed to be standards requirements established by the European Union. The completion of initial registration of real estate, legal treatment of previous owners or legalization of illegal constructions remain among the main problems that prevent the development of the country in its economic sector. The performance of the registration of real estate system and dealing with issues that have appeared in the Court of First Instance, the civil section of the Albanian constitute the core of handling this analysis. This paper presents a detailed analysis on the registration system that is chosen to be applied in our country for real estate. In its content it is also determined the institution that administrates these properties, the management technique and the law that determinate its functionality. The strategy is determined for creating a modern and functional registration system and for the country remains a challenge to achieve. Identifying practical problems and providing their solutions are also the focus of reference in order to improve and modernize this important system to a state law that aims to become a member of the European Union.

Keywords: real estates registration system, comparative aspects, cadastral area, property certificate, legal reform

Procedia PDF Downloads 475
2854 Examining the European Central Bank's Marginal Attention to Human Rights Concerns during the Eurozone Crisis through the Lens of Organizational Culture

Authors: Hila Levi

Abstract:

Respect for human rights is a fundamental element of the European Union's (EU) identity and law. Surprisingly, however, the protection of human rights has been significantly restricted in the austerity programs ordered by the International Monetary Fund (IMF), the European Central Bank (ECB) and the European Commission (EC) (often labeled 'the Troika') in return for financial aid to the crisis-hit countries. This paper focuses on the role of the ECB in the crisis management. While other international financial institutions, such as the IMF or the World Bank, may opt to neglect human rights obligations, one might expect a greater respect of human rights from the ECB, which is bound by the EU Charter of Fundamental Rights. However, this paper argues that ECB officials made no significant effort to protect human rights or strike an adequate balance between competing financial and human rights needs while coping with the crisis. ECB officials were preoccupied with the need to stabilize the economy and prevent a collapse of the Eurozone, and paid only marginal attention to human rights concerns in the design and implementation of Troikas' programs. This paper explores the role of Organizational Culture (OC) in explaining this marginalization. While International Relations (IR) research on Intergovernmental Organizations (IGOs) behavior has traditionally focused on external interests of powerful member states, and on national and economic considerations, this study focuses on particular institutions' internal factors and independent processes. OC characteristics have been identified in OC literature as an important determinant of organizational behavior. This paper suggests that cultural characteristics are also vital for the examination of IGOs, and particularly for understanding the ECB's behavior during the crisis. In order to assess the OC of the ECB and the impact it had on its policies and decisions during the Eurozone crisis, the paper uses the results of numerous qualitative interviews conducted with high-ranking officials and staff members of the ECB involved in the crisis management. It further reviews primary sources of the ECB (such as ECB statutes, and the Memoranda of Understanding signed between the crisis countries and the Troika), and secondary sources (such as the report of the UN High Commissioner for Human Rights on Austerity measures and economic, social, and cultural rights). It thus analyzes the interaction between the ECBs culture and the almost complete absence of human rights considerations in the Eurozone crisis resolution scheme. This paper highlights the importance and influence of internal ideational factors on IGOs behavior. From a more practical perspective, this paper may contribute to understanding one of the obstacles in the process of human rights implementation in international organizations, and provide instruments for better protection of social and economic rights.

Keywords: European central bank, eurozone crisis, intergovernmental organizations, organizational culture

Procedia PDF Downloads 133
2853 Stating Best Commercialization Method: An Unanswered Question from Scholars and Practitioners

Authors: Saheed A. Gbadegeshin

Abstract:

Commercialization method is a means to make inventions available at the market for final consumption. It is described as an important tool for keeping business enterprises sustainable and improving national economic growth. Thus, there are several scholarly publications on it, either presenting or testing different methods for commercialization. However, young entrepreneurs, technologists and scientists would like to know the best method to commercialize their innovations. Then, this question arises: What is the best commercialization method? To answer the question, a systematic literature review was conducted, and practitioners were interviewed. The literary results revealed that there are many methods but new methods are needed to improve commercialization especially during these times of economic crisis and political uncertainty. Similarly, the empirical results showed there are several methods, but the best method is the one that reduces costs, reduces the risks associated with uncertainty, and improves customer participation and acceptability. Therefore, it was concluded that new commercialization method is essential for today's high technologies and a method was presented.

Keywords: commercialization method, technology, knowledge, intellectual property, innovation, invention

Procedia PDF Downloads 319
2852 Enforceability of the Right to Education and Rights in Education for Refugees after the European Refugee Crisis

Authors: Kurt Willems

Abstract:

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

Procedia PDF Downloads 223
2851 Realising the Socio-Economic Rights of Refugees Under Human Rights Law: A Case Study of South Africa

Authors: Taguekou Kenfack Alexie

Abstract:

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

Procedia PDF Downloads 263
2850 Rethinking Confucianism and Democracy

Authors: He Li

Abstract:

Around the mid-1980s, Confucianism was reintroduced into China from Taiwan and Hong Kong as a result of China’s policies of reform and openness. Since then, the revival of neo-Confucianism in mainland China has accelerated and become a crucial component of the public intellectual sphere. The term xinrujia or xinruxue, loosely translated as “neo-Confucianism,” is increasingly understood as an intellectual and cultural phenomenon of the last four decades. The Confucian scholarship is in the process of restoration. This paper examines the Chinese intellectual discourse on Confucianism and democracy and places it in comparative and theoretical perspectives. With China’s rise and surge of populism in the West, particularly in the US, the leading political values of Confucianism could increasingly shape both China and the world at large. This state of affairs points to the need for more systematic efforts to assess the discourse on neo-Confucianism and its implications for China’s transformation. A number of scholars in the camp of neo-Confucianism maintain that some elements of Confucianism are not only compatible with democratic values and institutions but actually promote liberal democracy. They refer to it as Confucian democracy. By contrast, others either view Confucianism as a roadblock to democracy or envision that a convergence of democracy with Confucian values could result in a new hybrid system. The paper traces the complex interplay between Confucianism and democracy. It explores ideological differences between neo-Confucianism and liberal democracy and ascertains whether certain features of neo-Confucianism possess an affinity for the authoritarian political system. In addition to printed materials such as books and journal articles, a selection of articles from the website entitled Confucianism in China will be analyzed. The selection of this website is due to the fact that it is the leading website run by Chinese scholars focusing on neo-Confucianism. Another reason for selecting this website is its accessibility and availability. In the past few years, quite a few websites, left or right, were shut down by the authorities, but this website remains open. This paper explores the core components, dynamics, and implications of neo-Confucianism. My paper is divided into three parts. The first one discusses the origins of neo-Confucianism. The second section reviews the intellectual discourse among Chinese scholars on Confucian democracy. The third one explores the implications of the Chinese intellectual discourse on neo-Confucianism. Recently, liberal democracy has entered more conflict with official ideology. This paper, which is based on my extensive interviews in China prior to the pandemic and analysis of the primary sources in Chinese, will lay the foundation for a chapter on neo-Confucianism and democracy in my next book-length manuscript, tentatively entitled Chinese Intellectual Discourse on Democracy.

Keywords: China, confucius, confucianism, neo-confucianism, democracy

Procedia PDF Downloads 63
2849 Democracy and Human Rights in Nigeria's Fourth Republic: An Assessment

Authors: Kayode Julius Oni

Abstract:

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

Procedia PDF Downloads 237
2848 A History of Knowledge Management: A Chronological Account from the 1970s to 2017

Authors: Alexslis N. Maindze

Abstract:

Knowledge management (KM) has become an imperative to modern business growth, competitive edge, and sustainability. Though there has been extensive research in the field, this literature overview showcases massive gaps that exist on the coverage of the field’s rich and fascinating history. Particularly, accounts of the history of KM are inconsistent and fragmentary in breadth and depth. This paper presents new insights into the history of KM from the early 70s when the actual coinage ‘knowledge management’ entered the literature. It reveals how knowledge over the years was shrouded in secrecy and subsumed by technology. It makes a clear distinction between the histories of the debate around knowledge and that of KM. The paper also finds a history of KM filled with skepticisms and engulfed by an ‘intellectual paradox’.

Keywords: knowledge management history, secrecy, skepticism, intellectual paradox

Procedia PDF Downloads 199
2847 At the Crossroads of Education and Human Rights for Girls and Women in Nigeria: The Language Perspective

Authors: Crescentia Ugwuona

Abstract:

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

Procedia PDF Downloads 323
2846 Moral Rights: Judicial Evidence Insufficiency in the Determination of the Truth and Reasoning in Brazilian Morally Charged Cases

Authors: Rainner Roweder

Abstract:

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

Procedia PDF Downloads 90
2845 The Way of Life of the Civil Servant Community under the Bureau of the Royal Household: A Case Study of Tha Wasukri, Bangkok

Authors: Vilasinee Jintalikhitdee, Saowapa Phaithayawat

Abstract:

The research on “The Way of Life of the Civil Servant Community under the Bureau of the Royal Household” aims to study 1) the way of life of the people who live in the civil servant community in Tha Wasukri, and 2) the model of community administration of civil servants under the Bureau of the Royal Household. This research is conducted qualitatively and quantitatively by collecting data from interviews, focus group discussion, participant and non-participant observation along with the data from the questionnaire based on age groups which include elder group, working age group and youth group. The result of the research shows that the origin of this community is related to the history during the Rama V’s reign. It has been a harbor for the king to boat in any royal ceremonies; this custom is still maintained until today. The status or position of person who serves the king in terms of working is often inherited from the bureau of the Royal Household based on his/her consanguinity and, hence, further receives the rights to live in the Tha Wasukri area. Therefore, this community has some special characteristics demonstrating the way of living influenced by the regulation of the Bureau of the Royal Household such as respecting elders and interdependence in which there is internal social organization with the practice of bureaucracy in going in and out the community. The person who has rights to live here must be friendly to everybody so that this community will be a safe place for lives and property. The administration based on the model of Bangkok for local administration was used as an external structure only, but the way of living still follows the practice of the Bureau of the Royal Household.

Keywords: way of life, community, Tha Wasukri, Bureau of the Royal Household

Procedia PDF Downloads 447
2844 The New Family Law in Kuwait: A Step Towards International Standards

Authors: Dina Hadad

Abstract:

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

Procedia PDF Downloads 176
2843 Sustainable Accommodation Design: Improving Residential Property Shortage for Low-Income People in Nigeria

Authors: Paulinus W. Ihuah, Iyenemi Ibimina Kakulu, Victor A. Akujuru

Abstract:

The development of the residential property is very expensive in Nigeria, especially as it is observed in Port Harcourt, although it is also investment costly in the other cities of Nigeria. The costly development nature incidentally reasons to the high deficits in residential property availability and affordability for the low-income people. Therefore, the main purpose of this paper is to provide sustainable accommodation design, which should improve residential property expensiveness and shortages for the low-income people. This is achieved through investigation of the tangible requirements and needs of the end-user of the property (low-income people), which thereafter would enhance sustainable and affordable residential property accommodation design for the end-users. Both the quantitative and qualitative instruments of data collection were utilised. The quantitative instrument via questionnaires was designed to examine the real needs and r requirement of the low-income people. However, the qualitative instrument via structured interview was espoused for the gathering of professionals’ opinions on the three predicted sustainable accommodation design alternatives. The analysis employed content analysis parameters, which offered a sustainable accommodation design and designed alternatives minimises costs and environmental impacts whereas exploiting the social satisfaction in residential accommodation developments. The finding underscores that sustainable accommodation design and development is practicable in Nigeria, so that cost of residential accommodation provided through this system is cheap to the low-income people. Further, erection of multi-storey residential accommodation units such as bedsit structure by utilising the concrete frame structure and building the internal and external walls with hollow concrete blocks within areas 60-130 square meters is encouraged. This paper philosophy indicates that by using sustainable accommodation design practices in Nigeria, improvements in the costs and shortages of residential accommodation can be attained for low-income people. However, policies support the government cannot be overemphasised for proper implementation of the suggested scheme.

Keywords: sustainable accommodation, housing design, residential property, low-income people

Procedia PDF Downloads 248
2842 Online Monitoring Rheological Property of Polymer Melt during Injection Molding

Authors: Chung-Chih Lin, Chien-Liang Wu

Abstract:

The detection of the polymer melt state during manufacture process is regarded as an efficient way to control the molded part quality in advance. Online monitoring rheological property of polymer melt during processing procedure provides an approach to understand the melt state immediately. Rheological property reflects the polymer melt state at different processing parameters and is very important in injection molding process especially. An approach that demonstrates how to calculate rheological property of polymer melt through in-process measurement, using injection molding as an example, is proposed in this study. The system consists of two sensors and a data acquisition module can process the measured data, which are used for the calculation of rheological properties of polymer melt. The rheological properties of polymer melt discussed in this study include shear rate and viscosity which are investigated with respect to injection speed and melt temperature. The results show that the effect of injection speed on the rheological properties is apparent, especially for high melt temperature and should be considered for precision molding process.

Keywords: injection molding, melt viscosity, shear rate, monitoring

Procedia PDF Downloads 360
2841 Human Rights and Juvenile Justice System: A Case Study of Warangal District, Telangana State, India

Authors: Vijaya Chandra Tenneti

Abstract:

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

Procedia PDF Downloads 120
2840 Gendered Narratives of ‘Respectability’: Migrant Garo Women and Their Access to Sexual and Reproductive Health and Rights

Authors: A. Drong, K. S. Kerkhoff

Abstract:

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

Procedia PDF Downloads 118
2839 A Web-Based Real Property Updating System for Efficient and Sustainable Urban Development: A Case Study in Ethiopia

Authors: Eyosiyas Aga

Abstract:

The development of information communication technology has transformed the paper-based mapping and land registration processes to a computerized and networked system. The computerization and networking of real property information system play a vital role in good governance and sustainable development of emerging countries through cost effective, easy and accessible service delivery for the customer. The efficient, transparent and sustainable real property system is becoming the basic infrastructure for the urban development thus improve the data management system and service delivery in the organizations. In Ethiopia, the real property administration is paper based as a result, it confronted problems of data management, illegal transactions, corruptions, and poor service delivery. In order to solve this problem and to facilitate real property market, the implementation of web-based real property updating system is crucial. A web-based real property updating is one of the automation (computerizations) methods to facilitate data sharing, reduce time and cost of the service delivery in real property administration system. In additions, it is useful for the integration of data onto different information systems and organizations. This system is designed by combining open source software which supported by open Geo-spatial consortium. The web-based system is mainly designed by using open source software with the help of open Geo-spatial Consortium. The Open Geo-spatial Consortium standards such as the Web Feature Service and Web Map Services are the most widely used standards to support and improves web-based real property updating. These features allow the integration of data from different sources, and it can be used to maintain consistency of data throughout transactions. The PostgreSQL and Geoserver are used to manage and connect a real property data to the flex viewer and user interface. The system is designed for both internal updating system (municipality); which is mainly updating of spatial and textual information, and the external system (customer) which focus on providing and interacting with the customer. This research assessed the potential of open source web applications and adopted this technology for real property updating system in Ethiopia through simple, cost effective and secured way. The system is designed by combining and customizing open source software to enhance the efficiency of the system in cost effective way. The existing workflow for real property updating is analyzed to identify the bottlenecks, and the new workflow is designed for the system. The requirement is identified through questionnaire and literature review, and the system is prototype for the study area. The research mainly aimed to integrate human resource with technology in designing of the system to reduce data inconsistency and security problems. In additions, the research reflects on the current situation of real property administration and contributions of effective data management system for efficient, transparent and sustainable urban development in Ethiopia.

Keywords: cadaster, real property, sustainable, transparency, web feature service, web map service

Procedia PDF Downloads 245
2838 Fashion Designers' Role Towards Society through Ethical Designing

Authors: Vishaka Agarwal

Abstract:

Fashion is a dynamic entity. With globalisation, fashion is being retailed out to every corner of the world, and people are becoming fashion aware and adapting to the latest trends and look. In this scenario, the role of fashion in providing social change in society is strong. Every product that we use has a design element in it, and consumers prefer to buy those products. The aim of the paper is to look at the ways in which social change can be brought into society through ethical designing by designers taking into consideration the IPR issues. Review of research done by earlier researchers in studying the work done by designers to achieve social change in the society and also discussions with designers to understand the future plans looking at changing world scenario would be done. The paper concludes that fashion has a dynamic role to play in achieving social change in society, and designers are virtually controlling what people buy, wear, and consume globally. This paper would be useful to the social planners and designers in planning the future of society.

Keywords: fashion designers, ethics, intellectual property right, society

Procedia PDF Downloads 168
2837 Depictions of Human Cannibalism and the Challenge They Pose to the Understanding of Animal Rights

Authors: Desmond F. Bellamy

Abstract:

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

Procedia PDF Downloads 119
2836 Exploring Legal Liabilities of Mining Companies for Human Rights Abuses: Case Study of Mongolian Mine

Authors: Azzaya Enkhjargal

Abstract:

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

Procedia PDF Downloads 57
2835 Gandhi and the Judicial Discourse on Moral Rights

Authors: Sunayana Basu Mallik, Shishira Prakash

Abstract:

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

Procedia PDF Downloads 173
2834 Child of the Dark by Carolina Maria De Jesus in a Fundamental Rights Perspective

Authors: Eliziane Navarro, Aparecida Citta

Abstract:

Child of the dark is the work of the Brazilian author Carolina Maria de Jesus published at the first time by Ática & Francisco Alves in 1960. It is, mostly, a story of lack of rights. It lacks to men who live in the slums what is essential in order to take advantage of the privilege of rationality to develop themselves as civilized humans. It is, therefore, in the withholding of the basic rights that inequality finds space to build itself to be the main misery on Earth. Antonio Candido, a Brazilian sociologist, claims that it is the right to literature has the ability to humanize men, once the aptitude to create fiction and fable is essential to the social balance. Hence, for the forming role that literature holds, it must be thought as the number of rights that assure human dignity, such as housing, education, health, freedom, etc. When talking about her routine, Carolina puts in evidence something that has great influence over the formation of human beings, contributing to the way they live: the slum. Even though it happens in a distinct way and using her linguistics variation, Carolina writes about something that will only be discussed later on Brazil’s Cities Statute and Ermia Maricato: the right to the city, and how the slums are, although inserted in the city, an attachment, an illegal city, a dismissing room. It interests ourselves, for that matter, in this work, to analyse how the deprivation of the rights to the city and literature, detailed in Carolina’s journal, conditions human beings to a life where the instincts overcome the social values.

Keywords: Child of the dark, slum, Brazil, architecture and literature

Procedia PDF Downloads 229
2833 Realizing the Rights of Prisoners with Disabilities in Nigeria: A Case Study of Four Lagos State Prisons

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

Procedia PDF Downloads 331
2832 Intellectual Capital Disclosure: Profiles of Spanish Public Universities

Authors: Yolanda Ramírez, Ángel Tejada, Agustín Baidez

Abstract:

In the higher education setting, there is a current trend in society toward greater openness and transparency. The economic, social and political changes that have occurred in recent years in public sector universities (particularly the New Public Management, the Bologna Process and the emergence of the “third mission”) call for a wider disclosure of value created by universities to support fundraising activities, to ensure accountability in the use of public funds and the outcomes of research and teaching, as well as close relationships with industries and territories. The paper has two purposes: 1) to explore the intellectual capital (IC) disclosure in Spanish universities through their websites, and 2) to identify university profiles. This study applies a content analysis to analyze the institutional websites of Spanish public universities and a cluster analysis. The analysis reveals that Spanish universities’ website content usually relates to human capital, while structural and relational capitals are less widely disclosed. Our research identifies three behavioral profiles of Spanish universities with regard to the online disclosure of IC (universities more proactive, universities less proactive and universities adopt a middle position in this regard. The results can serve as encouragement to university managers to enhance online IC disclosure to meet the information needs of university stakeholders.

Keywords: universities, intellectual capital, disclosure, internet

Procedia PDF Downloads 137
2831 Structural, Magnetic, Dielectric and Electrical Properties of Gd3+ Doped Cobalt Ferrite Nanoparticles

Authors: Raghvendra Singh Yadav, Ivo Kuřitka, Jarmila Vilcakova, Jaromir Havlica, Lukas Kalina, Pavel Urbánek, Michal Machovsky, Milan Masař, Martin Holek

Abstract:

In this work, CoFe₂₋ₓGdₓO₄ (x=0.00, 0.05, 0.10, 0.15, 0.20) spinel ferrite nanoparticles are synthesized by sonochemical method. The structural properties and cation distribution are investigated using X-ray Diffraction (XRD), Raman Spectroscopy, Fourier Transform Infrared Spectroscopy and X-ray photoelectron spectroscopy. The morphology and elemental analysis are screened using field emission scanning electron microscopy (FE-SEM) and energy dispersive X-ray spectroscopy, respectively. The particle size measured by FE-SEM and XRD analysis confirm the formation of nanoparticles in the range of 7-10 nm. The electrical properties show that the Gd³⁺ doped cobalt ferrite (CoFe₂₋ₓGdₓO₄; x= 0.20) exhibit enhanced dielectric constant (277 at 100 Hz) and ac conductivity (20.17 x 10⁻⁹ S/cm at 100 Hz). The complex impedance measurement study reveals that as Gd³⁺ doping concentration increases, the impedance Z’ and Z’ ’ decreases. The influence of Gd³⁺ doping in cobalt ferrite nanoparticles on the magnetic property is examined by using vibrating sample magnetometer. Magnetic property measurement reveal that the coercivity decreases with Gd³⁺ substitution from 234.32 Oe (x=0.00) to 12.60 Oe (x=0.05) and further increases from 12.60 Oe (x=0.05) to 68.62 Oe (x=0.20). The saturation magnetization decreases with Gd³⁺ substitution from 40.19 emu/g (x=0.00) to 21.58 emu/g (x=0.20). This decrease follows the three-sublattice model suggested by Yafet-Kittel (Y-K). The Y-K angle increases with the increase of Gd³⁺ doping in cobalt ferrite nanoparticles.

Keywords: sonochemical method, nanoparticles, magnetic property, dielectric property, electrical property

Procedia PDF Downloads 332
2830 The Power of a Vulnerable State: The Rights Revolution and the Emergence of Human Resources Management Departments

Authors: Soheila Ghanbari

Abstract:

After the Civil Rights Act of 1964 was enacted, federal policy transformed employment rights. Equal employment opportunity law, legislation for occupational safety and health, and regulations for fringe benefits were established to ensure that employees have rights to equal protection, health and safety, and the benefits guaranteed by employers. In research analyzing data from 279 organizations over time, it was discovered that legal changes prompted organizations to establish personnel, antidiscrimination, safety, and benefits departments to ensure compliance. However, as the process of institutionalization advanced, middle managers began to separate these fresh offices from policy and rationalize them solely in economic terms as a component of the new human resources management model. This common occurrence is seen in the United States, where the Constitution represents government control of business as unlawful. It could potentially clarify the extended lack of a state theory in organizational analysis and shed light on a puzzle pointed out by state theorists: the federal state is weak in terms of administration but strong in terms of norms.

Keywords: management, state, human, resources, employment

Procedia PDF Downloads 22
2829 Comparative Antibacterial Property of Matured Trunk and Stem Bark Extract of Tamarindus indica L., Preformulation, Development and Quality Control of Cream

Authors: A. M. T. Jacinto, M.O. Osi

Abstract:

Tamarind has various medicinal properties among which is its antibacterial property. Its bark contains saponins, alkaloids, sesquiterpenes and tannins. It is rich in phlobapenes which is responsible for antibacterial property. The objective of the study was to determine which bark will produce the highest antibacterial property, develop it into a topical cream and evaluate its quality and characteristics. Powdered barks of Tamarind were extracted by soxhlet method using 70% acetone. Stem bark produced a higher yield than trunk bark (5.85 g vs. 4.73 g). It was found that the trunk bark was more sensitive than stem bark to microorganisms namely Staphylococcus aureus, Corynebacterium minutissimum, and Streptococcus spp. Sensitivity of trunk bark can be attributed to a more developed phytoconstituents. Dermal sensitization test on both sexes of rabbits using the following concentrations: 100%, 40% and 20% of extract showed that Tamarind has no irritating property and therefore safe for formulation into an antibacterial cream. Excipients used for formulation such as methyl paraben, propyl paraben, stearyl alcohol and white petrolatum were compatible with the Tamarind acetone extract through Differential Scanning Calorimetry except sodium lauryl sulfate that exhibited crystallization when subjected at 200˚C. The method of manufacture used in cream is fusion, therefore strict compliance of processing temperature should be observed to prevent polymorphism. Quality control tests of formulated cream based on USP 30 and Philippine Pharmacopeia were satisfactory.

Keywords: antibacterial, differential scanning calorimetry, tannins, dermal sensitization

Procedia PDF Downloads 458