Search results for: linguistic human rights
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 9600

Search results for: linguistic human rights

9240 Evidence-Based Investigation of the Phonology of Nigerian Instant Messaging

Authors: Emmanuel Uba, Lily Chimuanya, Maryam Tar

Abstract:

Orthographic engineering is no longer the preserve of the Short Messaging Service (SMS), which is characterised by limited space. Such stylistic creativity or deviation is fast creeping into real-time messaging, popularly known as Instant Messaging (IM), despite the large number of characters allowed. This occurs at various linguistic levels: phonology, morphology, syntax, etc. Nigerians are not immune to this linguistic stylisation. This study investigates the phonological and meta-phonological conventions of the messages sent and received via WhatsApp by Nigerian graduates. This is ontological study of 250 instant messages collected from 98 graduates from different ethnic groups in Nigeria. The selection and analysis of the messages are based on figure and ground principle. The results reveal the use of accent stylisation, phoneme substitution, blending, consonantisation (a specialised form of deletion targeting vowels), numerophony (using a figure/number, usually 1-10, to represent a word or syllable that has the same sound) and phonetic respelling in the IMs sent by Nigerians. The study confirms the existence of linguistic creativity.

Keywords: figure and ground principle, instant messaging, linguistic stylisation, meta-phonology

Procedia PDF Downloads 363
9239 Detonalization of Punjabi: Towards a Loss of Linguistic Indigeneity

Authors: Sukhvinder Singh

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Punjabi language is related to the languages of New Indo-Aryan group that, in turn, is related to the branch of Indo-European language family. Punjabi language covers the areas of Western part (that is in Pakistan) and Eastern part (the Punjab state, Haryana, Delhi Himachal and J&K) and abroad (particularly Canada, USA, U.K. and Arab Emirates), where it is spoken widely. Besides India and Pakistan, Punjabi is the third language spoken in Canada after English, French having more than one hundred millions speakers worldwide. It is the fourth language spoken in Canada after English, French, and Chinese. It is also being taught as second language in most of the community school of British Columbia. The total number of Punjabi speakers is more than one hundred millions including India, Pakistan and abroad. Punjabi has a long tradition of linguistic tradition. A large number of scholars have studied Punjabi at different linguistic levels. Various studies are devoted to its special phonological characteristics, especially the tone, which has now started disappearing in favour of aspiration, a rare example of a language change in progress in its reversal direction. This process of language change in progress in reversal is dealt with in this paper a change towards a loss of linguistic indigeneity. The tone being a distinctive linguistic feature of Punjabi language is getting lost due to the increasing influence of Hindi and English particularly in the speech Urban Punjabi and Punjabi settled abroad. In this paper, an attempt has been made to discuss the sociolinguistics and sociology of Punjabi language and Punjab to trace the initiation and progression of this change towards a loss of Linguistic Indigeneity.

Keywords: language change in reversal, reaspiration, detonalization, new Indo-Aryan group

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9238 Investigating the Abolishment of Virginity Testing in South Africa

Authors: Nqobizwe Mvelo Ngema

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This paper argues that the custom of virginity testing has been revived in order to combat against social ills such as unwanted pregnancies, immorality, promiscuity and the spread of HIV/AIDS. However, virginity testing is not free from challenges such as the belief that having sexual intercourse with a virgin can cure men from AIDS, virginity testing is not accurate because there is scientific evidence supporting the fact that there many ways of losing virginity other than sexual intercourse, for example, the usage of tampons and participation in physical activities may tear the hymen. South African parliament took some positive steps in combatting against harm associated with virginity testing by regulating it in the Children’s Act. It is argued, in this paper, that the abolition of virginity testing may lead to paper law and it would be premature to abolish virginity testing in South Africa.

Keywords: equality rights, virginity testing, human rights, interdisciplinary law and legal studies

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9237 Disability and Sexuality: A Human Right Approach to Sexual and Reproductive Health of the Hearing Impaired Adolescents In Developing Countries

Authors: Doctor Akanle Florence Foluso

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Access to health care and people’s ability to having a responsible, satisfying and safe sexual life is clearly a defined human right of people with hearing impairment and others with disabilities this paper looks at disability and sexuality: a human right approach to sexual and reproductive health of the hearing impaired adolescents in developing countries. This paper investigates the extent to which the hearing impaired has a satisfying, safe sexual life and whether their human right in regards to information education is violated. The study population consists of all hearing impaired adolescents and young adults aged 10-24 years who are currently enrolled in the primary and secondary schools in Nigeria. A sample of 389 hearing impaired adolescents was selected, an adapted version of the illustrative questionnaire for interview – survey by Johncleland was used to collect the data. A correlation of 0.80 was obtained at p<0.05 level of significance. Teachers in the schools of the deaf who used sign language were used in the administration of the questionnaire. The data generated were analyzed using Frequency Counts, Percentages, Means and Standard Deviation to give a Summary on responses on access to information, education, voluntary testing and counselling and other reproductive services. This is to investigate if the sexual and reproductive right violated or protected. Findings show that a gap exists in the level of knowledge of SRH services, voluntary counselling because more than half the respondents are not aware of these services in their community. Access to information, education and health services are rights denied the hearing impaired. So their SRH rights are violated.

Keywords: sexual right diability, family planning, pregnancy, diability

Procedia PDF Downloads 38
9236 Human Development Strengthening against Terrorism in ASEAN East Asia and Pacific: An Econometric Analysis

Authors: Tismazammi Mustafa, Jaharudin Padli

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The frequency of terrorism is increasing throughout years that is resulting in loss of life, damaging people’s property, and destructing the environment. The incident of terrorism is not stationed in one particular country but has spread and scattered in other countries hence causing an increase in the number of terrorism cases. Thus, this paper aims to investigate the factors of human development upon the terrorism in East Asia and Pacific countries. This study used a panel ARDL model, in which it enables to capture the long run and the short run relationship among the variables of interest. Logit Model for Binary data is also used, in which to representing an attributes of dependent variables. This study focuses on several human development variables namely GDP per capita, population, human capital, land area, and technologies. The empirical finding revealed that the GDP per capita, population, human capital, land area, and technologies are positively and statistically significant in influencing the terrorism. Thus, the finding in this study will present as grounds to preserve human rights and develop public awareness and will offer guidelines to policy makers, emergency managers, first responders, public health workers, physicians, and other researchers.

Keywords: terrorism, East Asia and Pacific, human development, econometric analysis

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9235 Stakeholders Perceptions of the Linkage between Reproductive Rights and Environmental Sustainability: Environmental Mainstreaming, Injustice and Population Reductionism

Authors: Celine Delacroix

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Analyses of global emission scenarios demonstrate that slowing population growth could lead to substantial emissions reductions and play an important role to avoid dangerous climate change. For this reason, the advancement of individual reproductive rights might represent a valid climate change mitigation and adaptation option. With this focus, we reflected on population ethics and the ethical dilemmas associated with environmental degradation and climate change. We conducted a mixed-methods qualitative data study consisting of an online survey followed by in-depth interviews with stakeholders of the reproductive health and rights and environmental sustainability movements to capture the ways in which the linkages between family planning, population growth, and environmental sustainability are perceived by these actors. We found that the multi-layered marginalization of this issue resulted in two processes, the polarization of opinions and its eschewal from the public fora through population reductionism. Our results indicate that stakeholders of the reproductive rights and environmental sustainability movements find that population size and family planning influence environmental sustainability and overwhelmingly find that the reproductive health and rights ideological framework should be integrated in a wider sustainability frame reflecting environmental considerations. This position, whilst majoritarily shared by all participants, was more likely to be adopted by stakeholders of the environmental sustainability sector than those from the reproductive health and rights sector. We conclude that these processes, taken in the context of a context of a climate emergency, threaten to weaken the reproductive health and rights movement.

Keywords: environmental sustainability, family planning, population growth, population ethics, reproductive rights

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9234 Hong Kong Chinese-Speaking Adolescents Diagnosed with Dyslexia: What Is and Is Not Improved?

Authors: Kevin Kien Hoa Chung

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The present study was to investigate cognitive-linguistic skills that might distinguish the improved dyslexics from the non-improved dyslexics. Twenty-eight improved dyslexics and 28 non-improved dyslexics were selected from a pool of 254 students diagnosed as dyslexics in Grade 1 to 2. These students were administered measures: morphological skills, visual-orthographic skills, rapid naming skills, working memory, reading comprehension, writing, word reading, word dictation, and one-minute word reading. Findings showed that the improved dyslexics performed better than the non-improved dyslexics in visual-orthographic skills, word reading, one-minute reading, writing, and reading comprehension. Furthermore, the improved dyslexics showed fewer cognitive-linguistic deficits compared with the non-improved dyslexics. Among the 4 cognitive-linguistic measures, morphological skills and visual-orthographic skills showed the greatest power in discriminating the improved and non-improved dyslexics. Results underscore the importance of cognitive-linguistic skills underlying the manifestations of the improved and non-improved dyslexia in Chinese adolescents.

Keywords: adolescents, chinese language, improved dyslexics, non-improved dyslexics

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9233 A Call for Justice and a New Economic Paradigm: Analyzing Counterhegemonic Discourses for Indigenous Peoples' Rights and Environmental Protection in Philippine Alternative Media

Authors: B. F. Espiritu

Abstract:

This paper examines the resistance of the Lumad people, the indigenous peoples in Mindanao, Southern Philippines, and of environmental and human rights activists to the Philippine government's neoliberal policies and their call for justice and a new economic paradigm that will uphold peoples' rights and environmental protection in two alternative media online sites. The study contributes to the body of knowledge on indigenous resistance to neoliberal globalization and the quest for a new economic paradigm that upholds social justice for the marginalized in society, empathy and compassion for those who depend on the land for their survival, and environmental sustainability. The study analyzes the discourses in selected news articles from Davao Today and Kalikasan (translated to English as 'Nature') People's Network for the Environment’s statements and advocacy articles for the Lumad and the environment from 2018 to February 2020. The study reveals that the alternative media news articles and the advocacy articles contain statements that expose the oppression and violation of human rights of the Lumad people, farmers, government environmental workers, and environmental activists as shown in their killings, illegal arrest and detention, displacement of the indigenous peoples, destruction of their schools by the military and paramilitary groups, and environmental plunder and destruction with the government's permit for the entry and operation of extractive and agribusiness industries in the Lumad ancestral lands. Anchored on Christian Fuch's theory of alternative media as critical media and Bert Cammaerts' theorization of alternative media as counterhegemonic media that are part of civil society and form a third voice between state media and commercial media, the study reveals the counterhegemonic discourses of the news and advocacy articles that oppose the dominant economic system of neoliberalism which oppresses the people who depend on the land for their survival. Furthermore, the news and advocacy articles seek to advance social struggles that transform society towards the realization of cooperative potentials or a new economic paradigm that upholds economic democracy, where the local people, including the indigenous people, are economically empowered their environment and protected towards the realization of self-sustaining communities. The study highlights the call for justice, empathy, and compassion for both the people and the environment and the need for a new economic paradigm wherein indigenous peoples and local communities are empowered towards becoming self-sustaining communities in a sustainable environment.

Keywords: alternative media, environmental sustainability, human rights, indigenous resistance

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9232 Discourse Analysis: Where Cognition Meets Communication

Authors: Iryna Biskub

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The interdisciplinary approach to modern linguistic studies is exemplified by the merge of various research methods, which sometimes causes complications related to the verification of the research results. This methodological confusion can be resolved by means of creating new techniques of linguistic analysis combining several scientific paradigms. Modern linguistics has developed really productive and efficient methods for the investigation of cognitive and communicative phenomena of which language is the central issue. In the field of discourse studies, one of the best examples of research methods is the method of Critical Discourse Analysis (CDA). CDA can be viewed both as a method of investigation, as well as a critical multidisciplinary perspective. In CDA the position of the scholar is crucial from the point of view exemplifying his or her social and political convictions. The generally accepted approach to obtaining scientifically reliable results is to use a special well-defined scientific method for researching special types of language phenomena: cognitive methods applied to the exploration of cognitive aspects of language, whereas communicative methods are thought to be relevant only for the investigation of communicative nature of language. In the recent decades discourse as a sociocultural phenomenon has been the focus of careful linguistic research. The very concept of discourse represents an integral unity of cognitive and communicative aspects of human verbal activity. Since a human being is never able to discriminate between cognitive and communicative planes of discourse communication, it doesn’t make much sense to apply cognitive and communicative methods of research taken in isolation. It is possible to modify the classical CDA procedure by means of mapping human cognitive procedures onto the strategic communicative planning of discourse communication. The analysis of the electronic petition 'Block Donald J Trump from UK entry. The signatories believe Donald J Trump should be banned from UK entry' (584, 459 signatures) and the parliamentary debates on it has demonstrated the ability to map cognitive and communicative levels in the following way: the strategy of discourse modeling (communicative level) overlaps with the extraction of semantic macrostructures (cognitive level); the strategy of discourse management overlaps with the analysis of local meanings in discourse communication; the strategy of cognitive monitoring of the discourse overlaps with the formation of attitudes and ideologies at the cognitive level. Thus, the experimental data have shown that it is possible to develop a new complex methodology of discourse analysis, where cognition would meet communication, both metaphorically and literally. The same approach may appear to be productive for the creation of computational models of human-computer interaction, where the automatic generation of a particular type of a discourse could be based on the rules of strategic planning involving cognitive models of CDA.

Keywords: cognition, communication, discourse, strategy

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9231 Ethnolinguistic Identity and Language Policies: Negotiating Identity and Diversity in Modern Linguistic Environment in Malawi

Authors: Peter Mayeso Jiyajiya

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The question of language and identity in the post-colonial Africa has resulted in the policy inconsistencies and perceived wayward practices regarding language use. The need to reside and situate oneself in the global village has alienated local identities, with most countries, Malawi in particular promoting exogenous colonial language(s) at the expense of local languages that mirror people’s identities. This has brought a mismatch between language policy and implementation. The resultant effect has been alienation of the ‘Self’ from one’s indigenous identity and creation of the ‘other’ in the foreign identity, and the undermining of the linguistic rights of the minority language speakers. The need to negotiate the identity and modernity in the global village is thus imperative. The paper attempts to review the language situation in Malawi in light of the growing desire for international integration vis-à-vis the cultivation and maintenance of national ethnolinguistic identity. It further highlights the dilemma that the promotion of vernacular languages is facing in the modern Malawi. It also examines the Malawi language policy and its implementation. The failures, challenges, and inconsistencies are discussed in order to negotiate the position of minority languages in the modern Malawi. The paper notes that identity construction and maintenance within the framework of language policy in Malawi is undermined by attitudinal factors towards one’s culture and language. The paper then provides suggestions of negotiating identity in Malawi within the framework of globalisation through the placement of premiums on the minority languages.

Keywords: identity, language policy, minority languages, vernacular language

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9230 Judicial Control in a Context of the Concept of Legal Policy of the Republic of Kazakhstan

Authors: G. A. Kuanaliyeva, G. T. Aigarinova, G. K. Shulanbekova

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This article is devoted to judicial control in criminal legal proceedings of the Republic of Kazakhstan in the light of the new Concept of legal policy till 2020. In article the general characteristic and concept of judicial control, and also its signs and types are considered. Different views of scientists are analyzed. Foreign experiment on application of judicial control is given. The author states also the point sight on this problem and gives the definition to concept of judicial control. The code of criminal procedure of the Republic of Kazakhstan (RK Criminal Procedure Code) doesn't consolidate concept of judicial control. The author in article suggests making change and addition to the existing Code of criminal procedure of the Republic of Kazakhstan by definition of judicial control. The decree of the President of the Republic of Kazakhstan of August 24, 2009 No. 858 approved the Concept of legal policy of the Republic for the period from 2010 to 2020. The new Concept of legal policy of the Republic of Kazakhstan, defines prospects of development of national legal system of the country on the following decade. The concept of legal policy completely mentions also institute of judicial control. Since finding of the independence by Kazakhstan the set of laws, including the rights directed on providing, freedoms and a legitimate interest of citizens was accepted. Certainly, in any country, whatever democratic it was, there are problems to human rights. However, it is obvious that Kazakhstan strongly intends to guarantee all Republic of Kazakhstan proclaimed in the Constitution the rights and freedoms of the citizens. Our country seeks for creation of the constitutional state, tries to provide a guarantee from various arbitrariness in activity of competent government bodies, officials. In the concept of legal policy of the Republic of Kazakhstan it is specified: "...priority of development of the criminal procedure right there is a further consecutive realization of the fundamental principles of the criminal legal proceedings directed on protection of the rights and freedoms of the person". Judicial control just also is such guarantee.

Keywords: rights and freedoms of the person, concept, legal policy, court, judicial control

Procedia PDF Downloads 478
9229 The Effectiveness of First World Asylum Practices in Deterring Applications, Offering Bureaucratic Deniability, and Violating Human Rights: A Greek Case Study

Authors: Claudia Huerta, Pepijn Doornenbal, Walaa Elsiddig

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Rising waves of nationalism around the world have led first-world migration receiving countries to exploit the ambiguity of international refugee law and establish asylum application processes that deter applications, allow for bureaucratic deniability, and violate human rights. This case study of Greek asylum application practices argues that the 'pre-application' asylum process in Greece violates the spirit of international law by making it incredibly difficult for potential asylum seekers to apply for asylum, in essence violating the human rights of thousands of asylum seekers. This study’s focus is on the Greek mainland’s asylum 'pre-application' process, which in 2016 began to require those wishing to apply for asylum to do so during extremely restricted hours via a basic Skype line. The average wait to simply begin the registration process to apply for asylum is 81 days, during which time applicants are forced to live illegally in Greece. This study’s methodology in analyzing the 'pre-application' process consists of hours of interviews with asylum seekers, NGOs, and the Asylum Service office on the ground in Athens, as well as an analysis of the Greek Asylum Service historical asylum registration statistics. This study presents three main findings: the delays associated with the Skype system in Greece are the result of system design, as proven by a statistical analysis of Greek asylum registrations, NGOs have been co-opted by the state to perform state functions during the process, and the government’s use of technology is both purposefully lazy and discriminatory. In conclusion, the study argues that such asylum practices are part of a pattern of first-world migration receiving countries policies’ which discourage asylum seekers from applying and fall short of the standards in international law.

Keywords: asylum, European Union, governance, Greece, irregular, migration, policy, refugee, Skype

Procedia PDF Downloads 109
9228 Protection of Website Owners' Rights: Proportionality of Website Blocking in Russia and Beyond

Authors: Ekaterina Semenova

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The article explores the issue of website owners’ liability for the illicit content. Whilst various issues of secondary liability of internet access providers for the illicit content have been widely discussed in the law doctrine, the liability of website owners has attracted less attention. Meanwhile, the website blocking injunctions influence website owners’ rights most, since website owners have the interest to keep their website online, rather than internet access providers. The discussion of internet access providers’ liability overshadows the necessity to protect the website owners’ rights to due process and proportionality of blocking injunctions. The analysis of Russian website blocking regulation and case law showed that the protection of website owners’ rights depends on the kind of illicit content: some content induces automatic blocking injunctions without prior notice of website owners and any opportunity to appeal, while other content does not invoke automatic blocking and provides an opportunity for the website owner to avoid or appeal an injunction. Comparative analysis of website blocking regulations in European countries reveals different approaches to the proportionality of website blocking and website owner’s rights protection. Based on the findings of the study, we conclude that the global trend to impose website blocking injunctions on wide range of illicit content without due process of law interferes with the rights of website owners.

Keywords: illicit content, liability, Russia, website blocking

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9227 Technologies of Factory Farming: An Exploration of Ongoing Confrontations with Farm Animal Sanctuaries

Authors: Chetna Khandelwal

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This research aims to study the contentions that Farm Animal Sanctuaries pose to human-animal relationships in modernity, which have developed as a result of globalisation of the meat industry and advancements in technology. The sociological history of human-animal relationships in farming is contextualised in order to set a foundation for the follow-up examination of challenges to existing human-(farm)animal relationships by Farm Animal Sanctuaries. The methodology was influenced by relativism, and the method involved three semi-structured small-group interviews, conducted at locations of sanctuaries. The sample was chosen through purposive sampling and varied by location and size of the sanctuary. Data collected were transcribed and qualitatively coded to generate themes. Findings revealed that sanctuary contentions to established human-animal relationships by factory farming could be divided into 4 broad categories – Revealing horrors of factory farming (involving uncovering power relations in agribusiness); transforming relationships with animals (including letting them emotionally heal in accordance with their individual personalities and treating them as partial-pets); educating the public regarding welfare conditions in factory farms as well as animal sentience through practical experience or positive imagery of farm animals, and addressing retaliation made by agribusiness in the form of technologies or discursive strategies. Hence, this research concludes that The human-animal relationship in current times has been characterised by – (ideological and physical) distance from farm animals, commodification due to increased chasing of profits over welfare and exploitation using technological advancements, creating unequal power dynamics that rid animals of any agency. Challenges to this relationship can be influenced by local populations around the sanctuary but not so dependent upon the size of it. This research can benefit from further academic exploration into farm animal sanctuaries and their role in feminist animal rights activism to enrich the ongoing fight against intensive farming.

Keywords: animal rights, factory farming, farm animal sanctuaries, human-animal relationships

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9226 Linguistic Inclusion in the Work of International NGOs: English as Both an Opportunity and a Barrier

Authors: Marta Bas-Szymaszek

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This research examines the intricate relationship between language practices and beliefs within international environmental non-governmental organizations (ENGOs), with a particular focus on the Climate Action Network Europe (CAN Europe). While acknowledging that ENGOs often employ multilingual staff, this study aims to analyze the dual role of English within this sector. While English facilitates practical communication among individuals from diverse backgrounds, it also perpetuates inequalities and marginalization within CAN Europe. Instances of linguistic dominance impede participation and representation, reinforcing language hierarchies. Furthermore, the symbolic power of English risks overshadowing the multilingual skills of NGO employees. Through fourteen in-depth interviews, focus group discussions, and observations, this research uncovers the lived experiences of individuals navigating Europe’s largest environmental NGO network. By analyzing CAN Europe’s implicit language policy and the hegemony of English, this study illuminates the challenges within multilingual settings. The organization advocates for the implementation of more inclusive language policies and practices, with the objective of recognizing and embracing linguistic diversity within international environmental NGOs.

Keywords: language policy, English, NGOs, linguistic inclusion, multilingualism

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9225 A Comparative Human Rights Analysis of Expulsion as a Counterterrorism Instrument: An Evaluation of Belgium

Authors: Louise Reyntjens

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Where criminal law used to be the traditional response to cope with the terrorist threat, European governments are increasingly relying on administrative paths. The reliance on immigration law fits into this trend. Terrorism is seen as a civilization menace emanating from abroad. In this context, the expulsion of dangerous aliens, immigration law’s core task, is put forward as a key security tool. Governments all over Europe are focusing on removing dangerous individuals from their territory rather than bringing them to justice. This research reflects on the consequences for the expelled individuals’ fundamental rights. For this, the author selected four European countries for a comparative study: Belgium, France, the United Kingdom and Sweden. All these countries face similar social and security issues, igniting the recourse to immigration law as a counterterrorism tool. Yet, they adopt a very different approach on this: the United Kingdom positions itself on the repressive side of the spectrum. Sweden on the other hand, also 'securitized' its immigration policy after the recent terrorist hit in Stockholm, but remains on the tolerant side of the spectrum. Belgium and France are situated in between. This paper addresses the situation in Belgium. In 2017, the Belgian parliament introduced several legislative changes by which it considerably expanded and facilitated the possibility to expel unwanted aliens. First, the expulsion measure was subjected to new and questionably definitions: a serious attack on the nation’s safety used to be required to expel certain categories of aliens. Presently, mere suspicions suffice to fulfil the new definition of a 'serious threat to national security'. A definition which fails to respond to the principle of legality; the law, nor the prepatory works clarify what is meant by 'a threat to national security'. This creates the risk of submitting this concept’s interpretation almost entirely to the discretion of the immigration authorities. Secondly, in name of intervening more quickly and efficiently, the automatic suspensive appeal for expulsions was abolished. The European Court of Human Rights nonetheless requires such an automatic suspensive appeal under Article 13 and 3 of the Convention. Whether this procedural reform will stand to endure, is thus questionable. This contribution also raises questions regarding expulsion’s efficacy as a key security tool. In a globalized and mobilized world, particularly in a European Union with no internal boundaries, questions can be raised about the usefulness of this measure. Even more so, by simply expelling a dangerous individual, States avoid their responsibility and shift the risk to another State. Criminal law might in these instances be more capable of providing a conclusive and long term response. This contribution explores the human rights consequences of expulsion as a security tool in Belgium. It also offers a critical view on its efficacy for protecting national security.

Keywords: Belgium, counter-terrorism and human rights, expulsion, immigration law

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9224 The Dark Side of the Fight against Organised Crime

Authors: Ana M. Prieto del Pino

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As is well known, UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988) was a landmark regarding the seizure of proceeds of crime. Depriving criminals of the profits from their activity became a priority at an international level in the fight against organised crime. Enabling confiscation of proceeds of illicit traffic in narcotic drugs and psychotropic substances, criminalising money laundering and confiscating the proceeds thereof are the three measures taken in order to achieve that purpose. The beginning of 21st century brought the declaration of war on corruption and on the illicit enjoyment of the profits thereof onto the international scene. According to the UN Convention against Transnational Organised Crime (2000), States Parties should adopt the necessary measures to enable the confiscation of proceeds of crime derived from offences (or property of equivalent value) and property, equipment and other instrumentalities used in offences covered by that Convention. The UN Convention against Corruption (2003) states asset recovery explicitly as a fundamental principle and sets forth measures aiming at the direct recovery of property through international cooperation in confiscation. Furthermore, European legislation has made many significant strides forward in less than twenty years concerning money laundering, confiscation, and asset recovery. Crime does not pay, let there be no doubt about it. Nevertheless, we must be very careful not to sing out of tune with individual rights and legal guarantees. On the one hand, innocent individuals and businesses must be protected, since they should not pay for the guilty ones’ faults. On the other hand, the rule of law must be preserved and not be tossed aside regarding those who have carried out criminal activities. An in-depth analysis of judicial decisions on money laundering and confiscation of proceeds of crime issued by European national courts and by the European Court of Human Rights in the last decade has been carried out from a human rights, legal guarantees and criminal law basic principles’ perspective. The undertaken study has revealed the violation of the right to property, of the proportionality principle legal and the infringement of basic principles of states’ domestic substantive and procedural criminal law systems. The most relevant ones have to do with the punishment of money laundering committed through negligence, non-conviction based confiscation and a too-far reaching interpretation of the notion of ‘proceeds of crime’. Almost everything in life has a bright and a dark side. Confiscation of criminal proceeds and asset recovery are not an exception to this rule.

Keywords: confiscation, human rights, money laundering, organized crime

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9223 Contextualizing Torture in Closed Institutions

Authors: Erinda Bllaca Ndroqi

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The dilemma with which the monitoring professionals are facing in today’s reality is whether to accept that prisons all over the world constitute a place where not all rights are respected (ethical approach), or widen the scope of monitoring by prioritizing the special needs of people deprived of their liberties (human right approach), despite the context and the level of improved prison condition, staff profiling, more services oriented towards rehabilitation instead of punishment. Such dilemma becomes a concern if taking into consideration the fact that prisoners, due to their powerlessness and 'their lives at the hand of the state', are constantly under the threat of abuse of power and neglect, which in the Albanian case, has never been classified as torture. Scientific research in twenty-four (24) Albanian prisons shows that for some rights, prisoners belonging to 'vulnerable groups' such as mental illness, HIV positive status, sexual orientation, and terminal illness remain quite challenged and do not ensure that their basic rights are being met by the current criminal justice system (despite recommendations set forwards to prison authorities by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)). The research orients more discussion about policy and strategic recommendations that would need a thorough assessment of the impact of rehabilitation in special categories of prisoners, including recidivists.

Keywords: prisons, rehabilitation, torture, vulnerability

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9222 Economic Stability and Legitimate Expectations in Foreign Investment Rights

Authors: Mehdi Ghaemi

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Within the current paper, there is an attempt to examine the legal system that overrules economic stability and legitimate expectations of foreign investment rights. Studies show that Meeting the legitimate expectations of foreign investment is one of the rights and privileges which obviously are to be benefited from by all types of foreign investments. The legitimate expectations of foreign investors are protected and structured strongly with the help of international investment laws. The body of international investment laws is faced with multiple challenges with respect to the legitimate expectations of foreign investments, including the Economic stability and the public interest of the host country, the attitude of the host country towards the legitimate rights and privileges of the foreign investment, the ways to meet and to control those expectations, and also the assessment of the regulations of the host country which would affect the investing bodies within different circumstances.

Keywords: foreign investment, legitimate expectations, regulating investments, international investment

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9221 The Influence of Advertising in the Respect of the Right to Adequate Food: Some Notes regarding the Portuguese Legal Framework

Authors: Susana Almeida

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The right to adequate food is a human right protected under several international human rights treaties of universal or regional application. In addition, this social right is – as we intend to demonstrate – guaranteed under the Portuguese Constitution. Therefore, in order to assure the protection of this right, the Portuguese State must not only abstain from interfering with this human right (negative obligation) but also take action to secure the human right to adequate food (positive obligation). In this context, the Portuguese State has developed several governmental policies, such as taxing sugary drinks, setting the maximum amount of salt in the bread or creating the National Program for the Promotion of Healthy Food. Nevertheless, we intend to demonstrate that special attention should be given to advertising, as advertisements have an extreme influence on the consumers' decisions and hence on the food decisions. In this paper, besides explaining the cross construction of the human right to adequate food, we aim to examine the Advertising Portuguese Code and to study the several provisions that could be held by the Portuguese consumer to challenge some advertisements due to the violation of the right to health and the right to adequate food. Moreover, having in mind the influence of advertising on the food decisions and the serious problems that unhealthy food may bring (e.g., child obesity), one should ask if this legal framework should not be reviewed in order to lay out some restrictions on advertising, namely setting advices like in alcohol advertisements.

Keywords: advertising code, consumer law, right to adequate food, social human right

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9220 Factors Promoting French-English Tweets in France

Authors: Taoues Hadour

Abstract:

Twitter has become a popular means of communication used in a variety of fields, such as politics, journalism, and academia. This widely used online platform has an impact on the way people express themselves and is changing language usage worldwide at an unprecedented pace. The language used online reflects the linguistic battle that has been going on for several decades in French society. This study enables a deeper understanding of users' linguistic behavior online. The implications are important and allow for a rise in awareness of intercultural and cross-language exchanges. This project investigates the mixing of French-English language usage among French users of Twitter using a topic analysis approach. This analysis draws on Gumperz's theory of conversational switching. In order to collect tweets at a large scale, the data was collected in R using the rtweet package to access and retrieve French tweets data through Twitter’s REST and stream APIs (Application Program Interface) using the software RStudio, the integrated development environment for R. The dataset was filtered manually and certain repetitions of themes were observed. A total of nine topic categories were identified and analyzed in this study: entertainment, internet/social media, events/community, politics/news, sports, sex/pornography, innovation/technology, fashion/make up, and business. The study reveals that entertainment is the most frequent topic discussed on Twitter. Entertainment includes movies, music, games, and books. Anglicisms such as trailer, spoil, and live are identified in the data. Change in language usage is inevitable and is a natural result of linguistic interactions. The use of different languages online is just an example of what the real world would look like without linguistic regulations. Social media reveals a multicultural and multilinguistic richness which can deepen and expand our understanding of contemporary human attitudes.

Keywords: code-switching, French, sociolinguistics, Twitter

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9219 'Sex, Work and Sex-Work': The Clandestine Tale of a Tabooed Industry in Bangladesh

Authors: Parvez Sattar

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There are around 150,000 female sex workers in Bangladesh, and the country hosts one of the largest brothels in the world. There are 20 brothel-villages in the country, of which 14 are recognized to be ‘official’, and at least 11 are currently operational. Although the national Constitution adopts a preventive policy against prostitution, law does not, as such, prohibit commercial sex work by an adult woman working in a brothel having made an affidavit in this regard. But, at the same time, the law renders at least some forms of floating and hotel based sex work illegal, while sex between males has been termed as sodomy and made culpable offence even on its own. All forms of sex works by MSM and Hijra are thus branded as criminal acts. Observations and findings drawn in this article are based on both primary and secondary sources collecting data from a series of field-based empirical studies conducted by the author through questionnaire survey, FGDs, key informant consultations and other PRA/PLA tools. General and specific conclusions have been based on analysis guided by international standards of human and labour rights approaches. It has been noted that neither the community attitudes nor the cultural mind-sets, or the State's institutional set up is supportive of the causes of sex workers engaged in the most exploitative forms of labour. Lack of respect for fundamental rights continues to diminish any chances of sex workers' reintegration to the mainstream of the society, perpetuates poverty, and increases their vulnerability to HIV/AIDS. To aggravate the scenario, the endemic practice of a complex debt-bondage masked by the so-called 'entry-cost' and ‘legal license’ to the industry is considered to be a somewhat accepted 'open secret' and that the police and administration keep their eyes off from such practices treating these as 'their internal affairs'. Often these practices are used by the Sardarni/Khala (landlady) and other 'managing' actors as the tool for further exploitation of the sex workers as well as a 'control strategy'. The paper concludes with the observation that the tabooed truths of commercial sex and sex workers are inherently embedded in the very factors that compel them into this endemically ostracised profession itself. While denial of both recognition and enjoyment of the fundamental human rights of sex workers is widespread, it is the same cycle of social vulnerability and economic exclusion that often confines these people within a continuous process of servitude and modern day slavery.

Keywords: commercial sex work and human rights, Labor protection in sex industry, Prostitution Law in Bangladesh, Sex work as modern day slavery

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9218 Linguistic Competencies of Students with Hearing Impairment

Authors: Khalil Ullah Khan

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Linguistic abilities in students with hearing impairment yet remain a concern for educationists. The emerging technological support and provisions in the recent era vow to have addressed the situation and claim significant contributions in terms of linguistic repertoire. Being a descriptive and quantitative paradigm of study, the purpose of this research set forth was to assess the linguistic competencies of students with hearing impairment in the English language. The goals were further broken down to identify the level of reading abilities in the subject population. The population involved students with HI studying at a higher secondary level in Lahore. A simple random sampling technique was used to choose a sample of fifty students. A purposive curriculum-based assessment was designed in line with the accelerated learning program by the Punjab Government to assess Linguistic competence among the sample. Further to it, an Informal Reading Inventory (IRI) corresponding to reading levels was also developed by researchers duly validated and piloted before the final use. Descriptive and inferential statistics were utilized to reach the findings. Spearman’s correlation was used to find out the relationship between the degree of hearing loss, grade level, gender and type of amplification device. An Independent sample t-test was used to compare means among groups. Major findings of the study revealed that students with hearing impairment exhibit significant deviation from the mean scores when compared in terms of grades, severity and amplification device. The study divulged that respective students with HI have yet failed to qualify for an independent level of reading according to their grades, as the majority fall at the frustration level of word recognition and passage comprehension. The poorer performance can be attributed to lower linguistic competence, as it is shown in the frustration levels of reading, writing and comprehension. The correlation analysis did reflect an improved performance grade. Wise. However, scores could only correspond to frustration level, and independent levels were never achieved. Reported achievements at the instructional level of the subject population may further to linguistic skills if practiced purposively.

Keywords: linguistic competence, hearing impairment, reading levels, educationist

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9217 The Impact of Different Extra-Linguistic and Intro–Linguistic Factors of Contemporary Albanian Technical Terminology

Authors: Gani Pllana, Sadete Pllana, Albulena Pllana Breznica

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The history of appearance and development of technical fields in our country sheds light on the relationships they have entered into with social factors indicating what kinds of factors have prevailed in their appearance and development. Thus, for instance, at the end of the 19th century, a number of knowledge fields were stipulated by political factors, cultural and linguistic factors that are inextricably linked to our nation's efforts to arouse national consciousness through the growth of educational and cultural level of the people. Some sciences, through their fundamental special fields probably would be one of those factors that would accomplish this objective. Other factors were the opening of schools and the drafting of relevant textbooks thereby their accomplishment is to be achieved by means of written language. Therefore the first fundamental knowledge fields were embodied with them, such as mathematics, linguistics, geography.

Keywords: Albanian language, development of terminology, standardization of terminology, technical fields

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9216 Culture as a Barrier: Political Rights of Women in Pakhtun Society

Authors: Muhammad Adil

Abstract:

Women in different parts of the world confront several barriers to accomplishing their legal rights, particularly political rights. One of the common barriers in this respect is the indigenous culture of the locality. In the same way, women in Khyber Pakhtunkhwa are facing difficulties in accomplishing their political rights. The most significant obstacle in this context is Pakhtunwali, the traditional code of conduct in Pakhtun society, which is perceived as a substantial impediment for Pakhtun women in practicing their political rights as guaranteed by the Constitution of Pakistan and international legal instruments. Several codes of Pakhtunwali, like peghor (slander or abuse), tor (blame or disgraced), sharam (shame and dishonor), purdah (gender segregation), and ghayrat (honor) have a prominent role in this regard. The research approach employed a combination of both qualitative and quantitative methods to ensure a thorough exploration of the subject. Not only different documents have been analyzed but also a questionnaire has been developed to get accurate findings. Simultaneously, both primary and secondary data have been utilized. The finding shows that the Pakhtun culture is a formidable hurdle in accomplishing women’s political rights in Pakhtun society, particularly in rural areas. Observation reveals that a prevailing societal perception is that having women as their representatives would be viewed as a challenge to the honor of Pakhtun men. Consequently, women candidates who participated in the general elections in Khyber Pakhtunkhwa received only 1 percent or less than 1 percent of the votes compared to their male counterparts. It is recommended that certain codes of Pakhtunwali should be redefined and made compatible with international legal instruments.

Keywords: constitution, fundamental rights, honor, pakhtunwali.

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9215 Translation Skills and Language Acquisition

Authors: Frieda Amitai

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The field of Translation Studies includes both descriptive and applied aspects, one of which is developing curricula. Within this topic there are theories dealing with curricula aimed at translator training, and theories meant to explore teaching translation as means through which awareness to language is developed in order to enhance language knowledge. An example of the latter is a unique study program in Israeli high schools – Teaching Translation Skills Program (TTSP). This study program has been taught in Israel for more than two decades and is aimed at raising students' meta-linguistic awareness as well as their language proficiency in both source language and target language in order to enable them become better language learners. The objective of the current research was to examine whether the goals of this program are achieved – increase in students' metalinguistic awareness and language proficiency. A follow-up case study was aimed at examining the level of proficiency which would develop most by this way of teaching English. The study was conducted in two stages – before and after participating in the program. 400 subjects took part in the first stage, and 100 took part in the second. In both parts of the study, participants were given the same five tasks in both Hebrew and English in addition to a questionnaire, in which they were asked about their own knowledge of Hebrew and in comparison to that of their peers. Their teachers were asked about the success of the program and about the methodology they use in class. Findings show significant change in the level of meta-linguistic awareness of the students as well as their language proficiency. A comparison between their answers before and after the program shows that their meta-linguistic awareness increased, as did their ability to recognize linguistic mistakes. These findings serve as strong evidence for the positive effect such study program has on the development of meta-linguistic awareness and linguistic knowledge. The follow-up case study tests the change among weaker language learners.

Keywords: comparison, metalinguistic awareness, language learning, translation skills

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9214 Functions of Bilingualism in Hong Kong: Comparing the Linguistic Landscape of Tsim Sha Tsui and Tai Wai

Authors: Xinyi Huang

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As a former British colony and one of the most famous world financial centers today, Hong Kong attracts countless businessmen and tourists to visit or settle down every year. Hong Kong is a land that leads western culture to blossom in Asia, and in the meantime, it inherits the unique charm of Chinese traditional culture. The Chinese-English bilingual phenomenon can be seen everywhere in Hong Kong. The public presentation, code choice, and practical use of these two languages can also reflect the economic and social status, population distribution, and individual identity construction of a specific area. This paper mainly compares the linguistic landscape of two areas with different social functions in Hong Kong: Tsim Sha Tsui, a large commercial center in Kowloon, and Tai Wai, a residential area in New Territories. By adopting the methodology of the Walking Tour, the bilingual data of 75 photos are collected unintentionally during the field trip in the two areas. Through the methods of quantitative analysis and linguistic landscape studies, this paper deeply analyzes the similarities and differences in language distribution and the respective social functions of two languages in the two places.

Keywords: bilingualism, linguistic landscape, identity construction, commodification

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9213 Effects of Land Certification in Securing Women’s Land Rights: The Case of Oromia Regional State, Central Ethiopia

Authors: Mesfin Nigussie Ibido

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The study is designed to explore the effects of land certification in securing women’s land rights of two rural villages in Robe district at Arsi Zone of Oromia regional state. The land is very critical assets for human life survival and the backbone for rural women livelihood. Equal access and control power to the land have given a chance for rural women to participate in different economic activities and improve their bargaining ability for decision making on their rights. Unfortunately, women were discriminated and marginalized from access and control of land for centuries through customary practices. However, in many countries, legal reform is used as a powerful tool for eliminating discriminatory provisions in property rights. Among other equity and efficiency concerns, the land certification program in Ethiopia attempts to address gender bias concerns of the current land-tenure system. The existed rural land policy was recognizing a women land rights and benefited by strengthened wives awareness of their land rights and contribute to the strong involvement of wives in decision making. However, harmful practices and policy implementation problems still against women do not fully exercise a provision of land rights in a different area of the country. Thus, this study is carried out to examine the effect of land certification in securing women’s land rights by eliminating the discriminatory nature of cultural abuses of study areas. Probability and non-probability sampling types were used, and the sample size was determined by using the sampling distribution of the proportion method. Systematic random sampling method was applied by taking the nth element of the sample frame. Both quantitative and qualitative research methods were applied, and survey respondents of 192 households were conducted and administering questionnaires in the quantitative method. The qualitative method was applied by interviews with focus group discussions with rural women, case stories, Village, and relevant district offices. Triangulation method was applied in data collection, data presentation and in the analysis of findings. Study finding revealed that the existence of land certification is affected by rural women positively by advancing their land rights, but still, some women are challenged by unsolved problems in the study areas. The study forwards recommendation on the existed problems or gaps to ensure women’s equal access to and control over land in the study areas.

Keywords: decision making, effects, land certification, land right, tenure security

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9212 Protecting Human Health under International Investment Law

Authors: Qiang Ren

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In the past 20 years, under the high standard of international investment protection, there have been numerous cases of investors ignoring the host country's measures to protect human health. Examples include investment disputes triggered by the Argentine government's measures related to human health, quality, and price of drinking water under the North American Free Trade Agreement. Examples also include Philip Morris v. Australia, in which case the Australian government announced the passing of the Plain Packing of Cigarettes Act to address the threat of smoking to public health in 2010. In order to take advantage of the investment treaty protection between Hong Kong and Australia, Philip Morris Asia acquired Philip Morris Australia in February 2011 and initiated investment arbitration under the treaty before the passage of the Act in July 2011. Philip Morris claimed the Act constitutes indirect expropriation and violation of fair and equitable treatment and claimed 4.16 billion US dollars compensation. Fortunately, the case ended at the admissibility decision stage and did not enter the substantive stage. Generally, even if the host country raises a human health defense, most arbitral tribunals will rule that the host country revoke the corresponding policy and make huge compensation in accordance with the clauses in the bilateral investment treaty to protect the rights of investors. The significant imbalance in the rights and obligations of host states and investors in international investment treaties undermines the ability of host states to act in pursuit of human health and social interests beyond economic interests. This squeeze on the nation's public policy space and disregard for the human health costs of investors' activities raises the need to include human health in investment rulemaking. The current international investment law system that emphasizes investor protection fails to fully reflect the requirements of the host country for the healthy development of human beings and even often brings negative impacts to human health. At a critical moment in the reform of the international investment law system, in order to achieve mutual enhancement of investment returns and human health development, human health should play a greater role in influencing and shaping international investment rules. International investment agreements should not be limited to investment protection tools but should also be part of national development strategies to serve sustainable development and human health. In order to meet the requirements of the new sustainable development goals of the United Nations, human health should be emphasized in the formulation of international investment rules, and efforts should be made to shape a new generation of international investment rules that meet the requirements of human health and sustainable development.

Keywords: human health, international investment law, Philip Morris v. Australia, investor protection

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9211 Using the Notion of Terrorism Irrespective of the Principle of Legality While Countering Terrorism

Authors: Tugce Duygu Koksal

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In recent years, given the fact that the acts of terrorism and the threat of the latter are taking place without any border and distinction, it has led the states to deal with the terrorism as a priority issue. More recently, as seen in different countries during state of emergency, the adoption of anti-terrorism measures motivated by the sole need of the prevention of terrorism targets directly the fundamental rights of individuals. Therefore, a contribution to the understanding of the value of the principle of legality is becoming more and more important nowadays. This paper aims to reflect the probable effects of the adoption of anti-terrorism measures regardless of the principle of legality, on the fundamental rights. In this respect, this paper will first discuss the margin of appreciation of the national authorities by countering terrorism, and then, the importance of the respect of the legality of the anti-terrorism measures will be examined in the light of actual examples. Indeed, one of the major findings of this study is the fact that the anti-terrorism laws and measures were taken in this framework must be subject to close scrutiny in democracies, which adopted the principle of the rule of law and respect human rights. Although the state's margin of appreciation in the field of counter-terrorism is broad, these measures which are based on the legitimate aim of a democracies’ legitimate right to protect itself against the activities of terrorist organizations should have the legal basis and be strictly required by the exigencies of the fight against terrorism. While combating terrorism, the legal basis shall only be achieved if the legal consequences of an individuals’ actions related to terrorism shall be clear and foreseeable by the individuals of a society. On the other hand, particularly during the state of emergency, the ambiguity of the law might be used to include a wide range of actions under acts of terrorism. This is becoming more dangerous where freedom of expression, freedom of the press, freedom of association and the right to information is in the substance of these actions. Disregarding the principle of legality is susceptible to create a chilling effect on the exercise of human rights, and therefore, the fight against terrorism can be transformed into a repressive regime on opponents. As a result, the efforts to counter terrorism of the national authorities irrespective of the principle of legality are susceptible to cause a transformation of the rule of law to a state of law which cannot be appreciated in a democratic society.

Keywords: anti-terrorism measures, chilling effect, predictability, the principle of legality, state of emergency

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