Search results for: European Court of Human Right
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 10106

Search results for: European Court of Human Right

9596 Freedom of Expression and Its Restriction in Audiovisual Media

Authors: Sevil Yildiz

Abstract:

Audio visual communication is a type of collective expression. Collective expression activity informs the masses, gives direction to opinions and establishes public opinion. Due to these characteristics, audio visual communication must be subjected to special restrictions. This has been stipulated in both the Constitution and the European Human Rights Agreement. This paper aims to review freedom of expression and its restriction in audio visual media. For this purpose, the authorisation of the Radio and Television Supreme Council to impose sanctions as an independent administrative authority empowered to regulate the field of audio visual communication has been reviewed with regard to freedom of expression and its limits.

Keywords: audio visual media, freedom of expression, its limits, radio and television supreme council

Procedia PDF Downloads 333
9595 Internationalization and Management of Linguistic Diversity In Multilingual Higher Education Institutions: Lecturers’ Experience From Three Universities in Europe

Authors: Argyro Maria Skourmalla

Abstract:

Internationalization and management of linguistic diversity in Higher Education (HE) have gained much attention in research in the last few years. Internationalization policies in HE aims at promoting the dual role of Higher Education Institutions (HEIs), civilization and competitiveness. In the context of the European Union, the European Education Area initiative aims at “inclusive national education and training systems” through networking and exchange between HEIs. However, the use of English as a ‘lingua academica’ in the place of the official, national, and regional/minority languages raises questions regarding linguistic diversity, linguistic rights and concerns that have to do with the scientific weakening of these languages. In fact, the European Civil Society Platform for Multilingualism, in the Declaration for Multilingualism in Higher Education, draws attention to the use of English at the expense of other regional/national languages and the impact of English-only language policy on an epistemological level. The above issues were brought up during semi-structured interviews with lecturing staff coming from three multilingual Universities in Europe. Lecturers shared their experiences and the practices they use to manage linguistic diversity in these three Universities. Findings show that even though different languages are used in teaching across disciplines, English -or ‘Globish’ as mentioned during an interview- is widely used in research. Despite English being accepted as the “lingua academica,” issues regarding loss of identity come up

Keywords: higher education, internationalization, linguistic diversity, teaching, research, English

Procedia PDF Downloads 91
9594 Undeserving Hybrids: The Enduring Legacy of Eugenics in Conservation

Authors: Maria-Vittoria Carminati

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Conservations laws do not protect hybrids. From the United States’ Endangered Species Act to the European Union’s conservation policies to the International Union for the Conservation of Nature’s Red List, hybrids don’t get the benefit of human preservation efforts. This paper tests the hypothesis that this practice is a byproduct of the co-birth of eugenics and conservation as twin fields and that while the first has been discredited and abandoned, the latter still bears the marks of its unfortunate primordial association. The research explores historical perspectives from so-called conservation luminaries such as Madison Grant, Ernst Mayr, and Charles Davenport and sheds light on how these influences continue to shape contemporary conservation approaches. The paper provides a comprehensive analysis of the implications of these factors on biodiversity conservation and the ethical considerations surrounding hybrid species protection.

Keywords: conservation, hybridization, eugenics, speciation, evolution

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9593 Analysis of the Impacts of Capital Goods' Import and Human Capital on the Economic Growth of the Sub Sahahra Africa: A Panel-ARDL Approach

Authors: Adeleke Omolade

Abstract:

The study investigated the impacts of capital goods' import and human capital on the economic growth of the Sub Sahahra Africa (SSA). 30 countries were used in the Panel- ARDL analysis where economic growth is the dependent variables and capital goods' import, human capital, primary export, investment exchange rate, among others were used as the independent variables. The result from the panel analysis indicates that capital goods' import will significantly and positively influence economic growth but human capital fails to have significant positive impact on economic growth of the SSA. Earlier the trend analysis and the correlation results have shown that there is a weak association between capital goods' import and human capital in the SSA. The results offer an expository analysis that reveals that the quality of the human capital is very germane to the effective utilization of capital goods' import for the purpose of growth in a primary goods' export dominated region like the SSA.

Keywords: capital goods import, economic growth, human capital, Sub-Sahara Africa

Procedia PDF Downloads 241
9592 Use of Alternative Water Sources Based on a Rainwater in the Multi-Dwelling Urban Building 2030

Authors: Monika Lipska

Abstract:

Drinking water is water with a very high quality, and as such represents only 2.5% of the total quantity of all water in the world. For many years we have observed continuous increase in its consumption as a result of many factors such as: Growing world population (7 billion in 2011r.), increase of human lives comfort and – above all – the economic growth. Due to the rocketing consumption and growing costs of production of water with such high-quality parameters, we experience accelerating interest in alternative sources of obtaining potable water. One of the ways of saving this valuable material is using rainwater in the Urban Building. With an exponentially growing demand, the acquisition of additional sources of water is necessary to maintain the proper balance of all ecosystems. The first part of the paper describes what rainwater is and what are its potential sources and means of use, while the main part of the article focuses on the description of the methods of obtaining water from rain on the example of new urban building in Poland. It describes the method and installations of rainwater in the new urban building (“MBJ2030”). The paper addresses also the issue of monitoring of the whole recycling systems as well as the particular quality indicators important because of identification of the potential risks to human health. The third part describes the legal arrangements concerning the recycling of rainwater existing in different European Union countries with particular reference to Poland on example the new urban building in Warsaw.

Keywords: rainwater, potable water, non-potable water, Poland

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9591 A Paradigm for Characterization and Checking of a Human Noise Behavior

Authors: Himanshu Dehra

Abstract:

This paper presents a paradigm for characterization and checking of human noise behavior. The definitions of ‘Noise’ and ‘Noise Behavior’ are devised. The concept of characterization and examining of Noise Behavior is obtained from the proposed paradigm of Psychoacoustics. The measurement of human noise behavior is discussed through definitions of noise sources and noise measurements. The noise sources, noise measurement equations and noise filters are further illustrated through examples. The theory and significance of solar energy acoustics is presented for life and its activities. Human comfort and health are correlated with human brain through physiological responses and noise protection. Examples of heat stress, intense heat, sweating and evaporation are also enumerated.

Keywords: human brain, noise behavior, noise characterization, noise filters, physiological responses, psychoacoustics

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9590 Limitations of Recent National Enactments on International Crimes: The Case of Kenya, Uganda and Sudan

Authors: Emma Charlene Lubaale

Abstract:

The International Criminal Court (ICC) operates based on the principle of complementarity. On the basis of this principle, states enjoy the primary right to prosecute international crimes, with the ICC intervening only when a state with jurisdiction over an international crime is unable or unwilling to prosecute. To ably exercise their primary right to prosecute international crimes domestically, a number of states are taking steps to criminalise international crimes in their national laws. Significant to note, many of the laws enacted are not being applied in the prosecution of the international crimes allegedly committed. Kenya, Uganda and Sudan are some notable states where commission of international crimes is documented. All these states have recently enacted laws on international crimes. Kenya enacted the International Crimes Act in 2008, Uganda enacted the International Criminal Court Act in 2010 and in 2007, Sudan made provision for international crimes under its Armed Forces Act. However, in all these three states, the enacted national laws on international crimes have thus far not featured in any of the proceedings before these states’ courts. Instead, these states have either relied on ordinary crimes to prosecute international crimes or not prosecuted international crimes altogether. This paper underscores the limitations of the enacted laws, explaining why, even with efforts taken by these states to enact national laws on international crimes, these laws cannot be relied on to advance accountability for the international crimes. Notably, the laws in Kenya and Uganda do not have retroactive application. In Sudan, despite the 2007 reforms, the structure of military justice in Sudan has the effect of placing certain categories of individuals beyond the reach of international criminal justice. For Kenya and Uganda, it is concluded that the only benefit that flows from these enactments is reliance on them to prosecute future international crimes. For Sudan, the 2007 reforms will only have the desired impact if reforms are equally made to the structure of military justice.

Keywords: complementarity, national laws, Kenya, Sudan, Uganda, international crimes, limitations

Procedia PDF Downloads 285
9589 The Role of Human Resource Flexibility and Agility in Achieving Sustainable Competitiveness

Authors: Agnieszka Leszczynska

Abstract:

Flexibility and agility constitute the most dominant features of modern human resource management systems. The former pertains to procedures, practices and competences of human resources, and the latter to the procedures and practices’ effectiveness in dealing with changing conditions in the surrounding environment. The purpose of the paper is to present the relations between the flexibility and agility of human resources and achieving sustainable competitiveness. Based upon hitherto research, we develop a conceptual model that links the constructs together. The conducted study is of theoretical and conceptual nature. Critical literature analysis and the synthesis method were applied. A premise was made that the three dimensions of HR (Human Resources) flexibility (employee skill flexibility, employee behaviour flexibility, and HR practice flexibility) and HR agility affect competitiveness, by increasing the flexibility, creativity of human resources, and improving quality performance, and exert an impact upon the quality of life of employees and social relations. In particular, the agility and flexibility of human resources contribute to the growth of adaptability and strategic orientation, which directly affects the organization's competitiveness. The research results will help to better understand the impact of flexibility and agility related to the HRM (Human Resources Management) system upon the implementation of the concept of sustainable development in the organization.

Keywords: agility, human resource, sustainable competitiveness, sustainable development

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9588 Latitudinal Patterns of Pre-industrial Human Cultural Diversity and Societal Complexity

Authors: Xin Chen

Abstract:

Pre-industrial old-world human cultural diversity and societal complexity exhibits remarkable geographic regularities. Along the latitudinal axis from the equator to the arctic, a descending trend of human ethno-cultural diversity is found to be in coincidence with a descending trend of biological diversity. Along the same latitudinal axis, the pre-industrial human societal complexity shows to peak at the intermediate latitude. It is postulated that human cultural diversity and societal complexity are strongly influenced by collective learning, and that collective learning is positively related to human population size, social interactions, and environmental challenges. Under such postulations the relationship between collective learning and important geographical-environmental factors, including climate and biodiversity/bio-productivity is examined. A hypothesis of intermediate bio-productivity is formulated to account for those latitudinal patterns of pre-industrial human societal complexity.

Keywords: cultural diversity, soetal complexity, latitudinal patterns, biodiversity, bio-productivity, collective learning

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9587 The Human Rights of Women in Brazilian Territory: A Literature Review of the Axes of the National Human Rights Program III

Authors: Ana Luiza Casasanta Garcia, Maria Del Carmen Cortizo

Abstract:

From the classic contractualist and early declarations of modern rights, discussions on policies for the protection and promotion of human rights were highlighted in an attempt to ensure the realization of human dignity and its values, which are (re) negotiated according to the needs evidenced in each historical and contextual moment. Aiming at guaranteeing human rights to Brazilian citizens, created in 2009 and updated in 2010, the Third National Human Rights Program (PNDH III) in force highlights guidelines and recommendations to guarantee human rights, among them, to guarantee the rights of women in Brazil. Based on this document, this article aims to locate historically and culturally the understanding of human rights related to the rights of women in Brazilian territory, from the analysis of the guiding axes of women's rights of the PNDH III. In methodological terms, the qualitative approach and documentary research were used to analyze the data according to the critical discourse analysis. As a result, it has been found that the process of building and maintaining the guarantee of women's human rights needs a reformulation that also shows a social revolution. This is justified by the fact that even with the provision in the PNDH III that, in order to guarantee the rights of women, it is necessary, for example, to adapt the Penal Code to the decriminalization of abortion and the professionalization of prostitution, these points are still very controversial and are not put into practice by the State. Finally, the importance of the critique of politics and the current system of production of understandings in favor of this social transformation is emphasized.

Keywords: human rights of women, social transformation, national human rights program III, public politics

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9586 An Examination of the Challenges of Domestication of International Laws and Human Rights Laws in Nigeria

Authors: Uche A. Nnawulezi

Abstract:

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

Keywords: international law, human rights, domestication, challenges

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9585 Anthropocentric and Ecocentric Representation of Human-Environment Relationship in Paulo Coelho's the Alchemist

Authors: Tooba Sabir, Namra Sabir, Mohammad Amjad Sabir

Abstract:

The human-environment relationship has been projected since the beginning of literary tradition i.e. pastoral tradition, however, the interest of critics, writers and poets, in this view, has been developed, since the last couple of decades because of the increasing scope of environmental studies and growing environmental issues. One such novel, that projects human-environment relationship, is ‘The Alchemist.’ It is Paulo Coelho’s one of the most read novels. It holds a central theme that the universe conspires to help a person achieve his destiny, projecting anthropocentrism and human domination by centralizing human and devaluing the intrinsic worth of ecosystem. However, ecocritical analysis of the text reveals that the novel contains, at several instances, ecocentrism as well e.g. ‘everything on earth is being continuously transformed because earth is alive.’ This portrays ecosphere as living and dynamic entity rather than a mere instrument for human to achieve his destiny. The idea that the universe shares the same language projects unity of nature showing the relationship between human and non-human aspects of the environment as one being and not separate or superior to one another. It depicts human as a part of the environment and not the lord of the world. Therefore, it can be concluded that the novel oscillates between both the ecocentric and the anthropocentric phenomena. It is not suggested, however, that one phenomenon should be valued over the other but that the complexities of both the phenomena should be recognized, acknowledged and valued in order to encourage the interactions between literature and environment.

Keywords: anthropocentrism, ecocentrism, ecocritical analysis, human-environment relationship

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9584 Biopolitical Border Imagery during the European Migrant Crisis: A Comparative Discourse Analysis between Mediterranean Europe and the Balkans

Authors: Mira Kaneva

Abstract:

The ongoing migration crisis polemic opens up the debate to the ambivalent essence of borders due to both the legality and legitimacy of the displacement of vast masses of people across the European continent. In neoliberal terms, migration is seen as an economic opportunity, or, on the opposite, as a social disparity; in realist terms, it is regarded as a security threat that calls for mobilization; from a critical standpoint, it is a matter of discourse on democratic governance. This paper sets the objective of analyzing borders through the Foucauldian prism of biopolitics. It aims at defining the specifics of the management of the human body by producing both the irregular migrant as a subject (but prevalently as an object in the discourse) and the political subjectivity by exercising state power in repressive practices, including hate speech. The study relies on the conceptual framework of Bigo, Agamben, Huysmans, among others, and applies the methodology of qualitative comparative analysis between the cases of borders (fences, enclaves, camps and other forms of abnormal spatiality) in Italy, Spain, Greece, the Republic of Macedonia, Serbia and Bulgaria. The paper thus tries to throw light on these cross- and intra-regional contexts that share certain similarities and differences. It tries to argue that the governmentality of the masses of refugees and economic immigrants through the speech acts of their exclusion leads to a temporary populist backlash; a tentative finding is that the status-quo in terms of social and economic measures remains relatively balanced, whereas, values such as freedom, openness, and tolerance are consecutively marginalized.

Keywords: Balkans, biopolitical borders, cross- and intra-regional discourse analysis, irregular migration, Mediterranean Europe, securitization vs. humanitarianism

Procedia PDF Downloads 217
9583 A Comparative Study of European Terrazzo and Tibetan Arga Floor Making Techniques

Authors: Hubert Feiglstorfer

Abstract:

The technique of making terrazzo has been known since ancient times. During the Roman Empire, known as opus signinum, at the time of the Renaissance, known as composto terrazzo marmorino or at the turn of the 19th and 20th centuries, the use of terrazzo experienced a common use in Europe. In Asia, especially in the Himalayas and the Tibetan highlands, a particular floor and roof manufacturing technique is commonly used for about 1500 years, known as arga. The research question in this contribution asks for technical and cultural-historical synergies of these floor-making techniques. The making process of an arga floor shows constructive parallels to the European terrazzo. Surface processing by grinding, burnishing and sealing, in particular, reveals technological similarities. The floor structure itself, on the other hand, shows differences, for example in the use of hydraulic aggregate in the terrazzo, while the arga floor is used without hydraulic material, but the result of both techniques is a tight, water-repellent and shiny surface. As part of this comparative study, the materials, processing techniques and quality features of the two techniques are compared and parallels and differences are analysed. In addition to text and archive research, the methods used are results of material analyses and ethnographic research such as participant observation. Major findings of the study are the investigation of the mineralogical composition of arga floors and its comparison with terrazzo floors. The study of the cultural-historical context in which both techniques are embedded will give insight into technical developments in Europe and Asia, parallels and differences. Synergies from this comparison let possible technological developments in the production, conservation and renovation of European terrazzo floors appear in a new light. By making arga floors without cement-based aggregates, the renovation of historical floors from purely natural products and without using energy by means of a burning process can be considered.

Keywords: European and Asian crafts, material culture, floor making technology, terrazzo, arga, Tibetan building traditions

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9582 Data Acquisition System for Automotive Testing According to the European Directive 2004/104/EC

Authors: Herminio Martínez-García, Juan Gámiz, Yolanda Bolea, Antoni Grau

Abstract:

This article presents an interactive system for data acquisition in vehicle testing according to the test process defined in automotive directive 2004/104/EC. The project has been designed and developed by authors for the Spanish company Applus-LGAI. The developed project will result in a new process, which will involve the creation of braking cycle test defined in the aforementioned automotive directive. It will also allow the analysis of new vehicle features that was not feasible, allowing an increasing interaction with the vehicle. Potential users of this system in the short term will be vehicle manufacturers and in a medium term the system can be extended to testing other automotive components and EMC tests.

Keywords: automotive process, data acquisition system, electromagnetic compatibility (EMC) testing, European Directive 2004/104/EC

Procedia PDF Downloads 344
9581 The Role of European Union in Global Governance

Authors: Yrfet Shkreli

Abstract:

Despite all the wide research and literature on the subject, changing and challenging times often present themselves with new objectives, fluid politics and everlasting point of views. Much is said about the subject and the trend nowadays is watching every EU intervention as a form of neo colonialism or a form of establishing new markets. The paper will try to establish a new perspective on EU influences, policies and impacts analyzed from multidimensional point of view, not limiting itself on a narrow external dimension, focusing on a broader understanding of it diverse contribution to global governance and peace keeping. Tending to be critical, this paper, tend to fall out of extremes, nether holding a Eurocentric position, nor falling for cheap critic to the whole failures and impact of EU policies. The ambition is to show EU as a contributing factor while keeping in mind its nature as a multi layered actor and with not necessarily coinciding interests among its member states.

Keywords: European Union, global governance, globalization, normative power

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9580 Moving beyond the Gender Pay Gap: An Investigation of Pension Gender Inequalities across European Counties

Authors: Enva Doda

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Recent statistical analyses within the European Union (EU) underscore the enduring significance of the Gender Pay Gap in amplifying the Gender Pension Gap, a phenomenon resisting proportional reduction over time. This study meticulously calculates the Pension Gap, scrutinizing contributing variables within diverse pension systems. Furthermore, it investigates whether the "unexplained" segment of the Gender Gap correlates with political institutions, economic systems, historical events, or discrimination, utilizing quantitative methods and the Blinder-Oaxaca Decomposition Method to pinpoint potential discriminatory factors. The descriptive analysis reveals a conspicuous Gender Pension Gap across European nations, displaying notable variation. While an overall reduction in the Gender Gap is observed, the degree of improvement varies among countries. Subsequent analyses will delve into the specific reasons or variables influencing distinct Gender Gap percentages, forming the basis for nuanced policy recommendations. This comprehensive research enriches the ongoing discourse on gender equality and economic equity. By focusing on the root causes of the Pension Gap, the study has the potential to instigate policy adjustments, urging policymakers to reassess systemic structures and contribute to informed decision-making. Emphasizing gender equality as essential for a flourishing and resilient economy, the research aspires to drive positive change on academic and policy fronts.

Keywords: blinder Oaxaca decomposition method, discrimination, gender pension gap, quantitative methods, unexplained gender gap

Procedia PDF Downloads 47
9579 A Comparative Analysis on the Impact of the Prevention and Combating of Hate Crimes and Hate Speech Bill of 2016 on the Rights to Human Dignity, Equality, and Freedom in South Africa

Authors: Tholaine Matadi

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South Africa is a democratic country with a historical record of racially-motivated marginalisation and exclusion of the majority. During the apartheid era the country was run along pieces of legislation and policies based on racial segregation. The system held a tight clamp on interracial mixing which forced people to remain in segregated areas. For example, a citizen from the Indian community could not own property in an area allocated to white people. In this way, a great majority of people were denied basic human rights. Now, there is a supreme constitution with an entrenched justiciable Bill of Rights founded on democratic values of social justice, human dignity, equality and the advancement of human rights and freedoms. The Constitution also enshrines the values of non-racialism and non-sexism. The Constitutional Court has the power to declare unconstitutional any law or conduct considered to be inconsistent with it. Now, more than two decades down the line, despite the abolition of apartheid, there is evidence that South Africa still experiences hate crimes which violate the entrenched right of vulnerable groups not to be discriminated against on the basis of race, sexual orientation, gender, national origin, occupation, or disability. To remedy this mischief parliament has responded by drafting the Prevention and Combatting of Hate Crimes and Hate Speech Bill. The Bill has been disseminated for public comment and suggestions. It is intended to combat hate crimes and hate speech based on sheer prejudice. The other purpose of the Bill is to bring South Africa in line with international human rights instruments against racism, racial discrimination, xenophobia and related expressions of intolerance identified in several international instruments. It is against this backdrop that this paper intends to analyse the impact of the Bill on the rights to human dignity, equality, and freedom. This study is significant because the Bill was highly contested and creates a huge debate. This study relies on a qualitative evaluative approach based on desktop and library research. The article recurs to primary and secondary sources. For comparative purpose, the paper compares South Africa with countries such as Australia, Canada, Kenya, Cuba, and United Kingdom which have criminalised hate crimes and hate speech. The finding from this study is that despite the Bill’s expressed positive intentions, this draft legislation is problematic for several reasons. The main reason is that it generates considerable controversy mostly because it is considered to infringe the right to freedom of expression. Though the author suggests that the Bill should not be rejected in its entirety, she notes the brutal psychological effect of hate crimes on their direct victims and the writer emphasises that a legislature can succeed to combat hate-crimes only if it provides for them as a separate stand-alone category of offences. In view of these findings, the study recommended that since hate speech clauses have a negative impact on freedom of expression it can be promulgated, subject to the legislature enacting the Prevention and Combatting of Hate-Crimes Bill as a stand-alone law which criminalises hate crimes.

Keywords: freedom of expression, hate crimes, hate speech, human dignity

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9578 Analyzing the Risk Based Approach in General Data Protection Regulation: Basic Challenges Connected with Adapting the Regulation

Authors: Natalia Kalinowska

Abstract:

The adoption of the General Data Protection Regulation, (GDPR) finished the four-year work of the European Commission in this area in the European Union. Considering far-reaching changes, which will be applied by GDPR, the European legislator envisaged two-year transitional period. Member states and companies have to prepare for a new regulation until 25 of May 2018. The idea, which becomes a new look at an attitude to data protection in the European Union is risk-based approach. So far, as a result of implementation of Directive 95/46/WE, in many European countries (including Poland) there have been adopted very particular regulations, specifying technical and organisational security measures e.g. Polish implementing rules indicate even how long password should be. According to the new approach from May 2018, controllers and processors will be obliged to apply security measures adequate to level of risk associated with specific data processing. The risk in GDPR should be interpreted as the likelihood of a breach of the rights and freedoms of the data subject. According to Recital 76, the likelihood and severity of the risk to the rights and freedoms of the data subject should be determined by reference to the nature, scope, context and purposes of the processing. GDPR does not indicate security measures which should be applied – in recitals there are only examples such as anonymization or encryption. It depends on a controller’s decision what type of security measures controller considered as sufficient and he will be responsible if these measures are not sufficient or if his identification of risk level is incorrect. Data protection regulation indicates few levels of risk. Recital 76 indicates risk and high risk, but some lawyers think, that there is one more category – low risk/now risk. Low risk/now risk data processing is a situation when it is unlikely to result in a risk to the rights and freedoms of natural persons. GDPR mentions types of data processing when a controller does not have to evaluate level of risk because it has been classified as „high risk” processing e.g. processing on a large scale of special categories of data, processing with using new technologies. The methodology will include analysis of legal regulations e.g. GDPR, the Polish Act on the Protection of personal data. Moreover: ICO Guidelines and articles concerning risk based approach in GDPR. The main conclusion is that an appropriate risk assessment is a key to keeping data safe and avoiding financial penalties. On the one hand, this approach seems to be more equitable, not only for controllers or processors but also for data subjects, but on the other hand, it increases controllers’ uncertainties in the assessment which could have a direct impact on incorrect data protection and potential responsibility for infringement of regulation.

Keywords: general data protection regulation, personal data protection, privacy protection, risk based approach

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9577 Determination of Authorship of the Works Created by the Artificial Intelligence

Authors: Vladimir Sharapaev

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This paper seeks to address the question of the authorship of copyrighted works created solely by the artificial intelligence or with the use thereof, and proposes possible interpretational or legislative solutions to the problems arising from the plurality of the persons potentially involved in the ultimate creation of the work and division of tasks among such persons. Being based on the commonly accepted assumption that a copyrighted work can only be created by a natural person, the paper does not deal with the issues regarding the creativity of the artificial intelligence per se (or the lack thereof), and instead focuses on the distribution of the intellectual property rights potentially belonging to the creators of the artificial intelligence and/or the creators of the content used for the formation of the copyrighted work. Moreover, the technical development and rapid improvement of the AI-based programmes, which tend to be reaching even greater independence on a human being, give rise to the question whether the initial creators of the artificial intelligence can be entitled to the intellectual property rights to the works created by such AI at all. As the juridical practice of some European courts and legal doctrine tends to incline to the latter opinion, indicating that the works created by the AI may not at all enjoy copyright protection, the questions of authorships appear to be causing great concerns among the investors in the development of the relevant technology. Although the technology companies dispose with further instruments of protection of their investments, the risk of the works in question not being copyrighted caused by the inconsistency of the case law and a certain research gap constitutes a highly important issue. In order to assess the possible interpretations, the author adopted a doctrinal and analytical approach to the research, systematically analysing the European and Czech copyright laws and case law in some EU jurisdictions. This study aims to contribute to greater legal certainty regarding the issues of the authorship of the AI-created works and define possible clues for further research.

Keywords: artificial intelligence, copyright, authorship, copyrighted work, intellectual property

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9576 Corporate Social Responsibility: An Ethical or a Legal Framework?

Authors: Pouira Askary

Abstract:

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

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

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9575 The Jury System in the Courts in Nineteenth Century Assam: Power Negotiations and Politics in an Institutional Rubric of a Colonial Regime

Authors: Jahnu Bharadwaj

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In the third decade of the 19th century, the political landscape of the Brahmaputra valley changed at many levels. The establishment of East India Company’s authority in ‘Assam’ was complete with the Treaty of Yandaboo. The whole phenomenon of the annexation of Assam into the British Indian Empire led to several administrative reorganizations and reforms under the new regime. British colonial rule was distinguished by new systems and institutions of governance. This paper broadly looks at the historical proceedings of the introduction of the Rule of Law and a new legal structure in the region of ‘Assam’. With numerous archival data, this paper seeks to chiefly examine the trajectory of an important element in the new legal apparatus, i.e. the jury in the British criminal courts introduced in the newly annexed region. Right from the beginning of colonial legal innovations with the establishment of the panchayats and the parallel courts in Assam, the jury became an important element in the structure of the judicial system. In both civil and criminal courts, the jury was to be formed from the learned members of the ‘native’ society. In the working of the criminal court, the jury became significantly powerful and influential. The structure meant that the judge or the British authority eventually had no compulsion to obey the verdict of the jury. However, the structure also provided that the jury had a considerable say in matters of the court proceedings, and their verdict had significant weight. This study seeks to look at certain important criminal cases pertaining to the nineteenth century and the functioning of the jury in those cases. The power play at display between the British officials, judges and the members of the jury would be helpful in highlighting the important deliberations and politics that were in place in the functioning of the British criminal legal apparatus in colonial Assam. The working and the politics of the members of the jury in many cases exerted considerable influence in the court proceedings. The interesting negotiations of the British officials or judges also present us with vital insights. By reflecting on the difficulty that the British officials and judges felt with the considerable space for opinion and difference that was provided to important members of the local society, this paper seeks to locate, with evidence, the racial politics at play within the official formulations of the legal apparatus in the colonial rule in Assam. This study seeks to argue that despite the rhetorical claims of legal equality within the Empire, racial consideration and racial politics was a reality even in the making of the structure itself. This in a way helps to enrich our ideas about the racial elements at work in numerous layers sustaining the colonial regime.

Keywords: criminal courts, colonial regime, jury, race

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9574 Humans as Enrichment: Human-Animal Interactions and the Perceived Benefit to the Cheetah (Acinonyx jubatus), Human and Zoological Establishment

Authors: S. J. Higgs, E. Van Eck, K. Heynis, S. H. Broadberry

Abstract:

Engagement with non-human animals is a rapidly-growing field of study within the animal science and social science sectors, with human-interactions occurring in many forms; interactions, encounters and animal-assisted therapy. To our knowledge, there has been a wide array of research published on domestic and livestock human-animal interactions, however, there appear to be fewer publications relating to zoo animals and the effect these interactions have on the animal, human and establishment. The aim of this study was to identify if there were any perceivable benefits from the human-animal interaction for the cheetah, the human and the establishment. Behaviour data were collected before, during and after the interaction on the behaviour of the cheetah and the human participants to highlight any trends with nine interactions conducted. All 35 participants were asked to fill in a questionnaire prior to the interaction and immediately after to ascertain if their perceptions changed following an interaction with the cheetah. An online questionnaire was also distributed for three months to gain an understanding of the perceptions of human-animal interactions from members of the public, gaining 229 responses. Both questionnaires contained qualitative and quantitative questions to allow for specific definitive answers to be analysed, but also expansion on the participants perceived perception of human-animal interactions. In conclusion, it was found that participants’ perceptions of human-animal interactions saw a positive change, with 64% of participants altering their opinion and viewing the interaction as beneficial for the cheetah (reduction in stress assumed behaviours) following participation in a 15-minute interaction. However, it was noted that many participants felt the interaction lacked educational values and therefore this is an area in which zoological establishments can work to further improve upon. The results highlighted many positive benefits for the human, animal and establishment, however, the study does indicate further areas for research in order to promote positive perceptions of human-animal interactions and to further increase the welfare of the animal during these interactions, with recommendations to create and regulate legislation.

Keywords: Acinonyx jubatus, encounters, human-animal interactions, perceptions, zoological establishments

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9573 Enhancing Human Security Through Conmprehensive Counter-terrorism Measures

Authors: Alhaji Khuzaima Mohammed Osman, Zaeem Sheikh Abdul Wadudi Haruna

Abstract:

This article aims to explore the crucial link between counter-terrorism efforts and the preservation of human security. As acts of terrorism continue to pose significant threats to societies worldwide, it is imperative to develop effective strategies that mitigate risks while safeguarding the rights and well-being of individuals. This paper discusses key aspects of counter-terrorism and human security, emphasizing the need for a comprehensive approach that integrates intelligence, prevention, response, and resilience-building measures. By highlighting successful case studies and lessons learned, this article provides valuable insights for policymakers, law enforcement agencies, and practitioners in their quest to address terrorism and foster human security.

Keywords: human security, risk mitigation, terrorist activities, civil liberties

Procedia PDF Downloads 94
9572 Proactive Business Approaches in Human Rights: The Implications of Corporate Social Responsibility

Authors: Fatemeh Jalalvand

Abstract:

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

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

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9571 Changes in Consumption Pattern of Western Consumers and Its Effect to the Ottoman Oriental Carpet-Making Industry

Authors: Emine Zeytinli

Abstract:

Ottoman carpets were depicted in Renaissance painting while they were exported commercially. The carpets were highly demanded and used by the middle and upper classes of Western European countries. The motifs, designs, patterns, and ornamentation of these carpets were decorative objects of luxury for Western European residences as well as paintings. Oriental carpets found their way into European market already from the medieval times to the present century. They were considered as luxury items first, however, demanded by middle classes in Europe and North America within the nineteenth century. This century brought unprecedented changes in production and consumption in the world. Expanding industries created quick urbanization, changed the city life and new types of goods dominated the entire century. Increases in income allowed Europeans to spend on luxury items, consumers taste changed in number of ways including furniture and decoration. Use of a carpet in the orient lifestyle often considered as an art object with Western aesthetic sensibility. A carpet with an oriental character, an essential part of home decoration, was highly appreciated for floor, table covering and wall hanging. Turkish carpets with distinctive classical style, patterns, and colours were changed for the tastes of European consumers. This paper attempts to analyse how the taste and preferences of European and American consumers increased their buying of oriental objects namely carpets. The production of local hand woven carpet industry developed, carpet factories were set up and special weaving schools were opened in some major waving centres, and carpet weaving became one of the main manufacturing and export commodity of the empire. All of these attempts increased the reputation and market share in international market. The industry flourished, commercially operated carpet looms, sales revenues and export increased unprecedentedly. British and Ottoman archival documents, parliamentary papers and travel notes were used to analysed above mention effect on how the foreign demand changed designs of carpets and the business itself, how the production in households moved to the commercial premises and a flourished the industry.

Keywords: consumption patterns, carpet weaving, ottoman oriental carpets, commercialisation

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9570 Measures Adopted by FIFA and UEFA against Russian Athletes: A Human Rights Perspective

Authors: Ayyoub Jamali, Alena Kozlova

Abstract:

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

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

Procedia PDF Downloads 88
9569 Integrated Human Resources and Work Environment Management System

Authors: Loreta Kaklauskiene, Arturas Kaklauskas

Abstract:

The Integrated Human Resources and Work Environment Management (HOWE) System optimises employee productivity, improves the work environment, and, at the same time, meets the employer’s strategic goals. The HOWE system has been designed to ensure an organisation can successfully compete in the global market, thanks to the high performance of its employees. The HOWE system focuses on raising workforce productivity and improving work conditions to boost employee performance and motivation. The methods used in our research are linear correlation, INVAR multiple criteria analysis, digital twin, and affective computing. The HOWE system is based on two patents issued in Lithuania (LT 6866, LT 6841) and one European Patent application (No: EP 4 020 134 A1). Our research analyses ways to make human resource management more efficient and boost labour productivity by improving and adapting a personalised work environment. The efficiency of human capital and labour productivity can be increased by applying personalised workplace improvement systems that can optimise lighting colours and intensity, scents, data, information, knowledge, activities, media, games, videos, music, air pollution, humidity, temperature, vibrations, and other workplace aspects. HOWE generates and maintains a personalised workspace for an employee, taking into account the person’s affective, physiological and emotional (APSE) states. The purpose of this project was to create a HOWE for the customisation of quality control in smart workspaces taking into account the user’s APSE states in an integrated manner as a single unit. This customised management of quality control covers the levels of lighting and colour intensities, scents, media, information, activities, learning materials, games, music, videos, temperature, energy efficiency, the carbon footprint of a workspace, humidity, air pollution, vibrations and other aspects of smart spaces. The system is based on Digital Twins technology, seen as a logical extension of BIM.

Keywords: human resource management, health economics, work environment, organizational behaviour and employee productivity, prosperity in work, smart system

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9568 Fruit Growing in Romania and Its Role for Rural Communities’ Development

Authors: Maria Toader, Gheorghe Valentin Roman

Abstract:

The importance of fruit trees and bushes growing for Romania is due the concordance that exists between the different ecological conditions in natural basins, and the requirements of different species and varieties. There are, in Romania, natural areas dedicated to the main trees species: plum, apple, pear, cherry, sour cherry, finding optimal conditions for harnessing the potential of fruitfulness, making fruit quality both in terms of ratio commercial, and content in active principles. The share of fruits crops in the world economy of agricultural production is due primarily to the role of fruits in nourishment for human, and in the prevention and combating of diseases, in increasing the national income of cultivator countries and to improve comfort for human life. For Romania, the perspectives of the sector are positive, and are due to European funding opportunities, which provide farmers a specialized program that meets the needs of development and modernization of fruit growing industry, cultivation technology and equipment, organization and grouping of producers, creating storage facilities, conditioning, marketing and the joint use of fresh fruit. This paper shows the evolution of fruit growing, in Romania compared to other states. The document presents the current situation of the main tree species both in terms of surface but also of the productions and the role that this activity may have for the development of rural communities.

Keywords: fruit growing, fruits trees, productivity, rural development

Procedia PDF Downloads 265
9567 Dying and Sexuality − Controversial Motive in Contemporary Cinema

Authors: Małgorzata Jakubowska, Monika Michałowska

Abstract:

Since the beginning of the cinematographic industry, there has been a visible interest in two leading themes: death and sexuality. One of the reasons of the unfading popularity of these motives was the fact that death or sex employed as leitmotivs attracted great attention of the viewers, and this guaranteed a financial success. What seems interesting is the fact that the themes of death and sexuality/eroticism seem to be mutually exclusive in the mainstream movies to such extent that they almost never appear together on the screen. As leitmotivs they describe opposite experiences of human life, one refers to affirmation of life, the other points to atrophy and decay. This film paradigm is rarely challenged. Thus, a relatively less attention has been devoted so far to entwining dying and sexuality/eroticism in one movie. In our paper, we wish to have a closer look at the visualizations of dying with focus on the aspect of sexuality/eroticism. Our analysis will concentrate on the contemporary European and American cinema, and especially the recent productions that contribute to the cultural phenomenon of entwining the two realms of human life. We will investigate the main clichés, plot and visual schemes, motives and narrative techniques on the examples of Sweet November (2001), A Little Bit of Heaven (2011) and Now is good (2012). We will also shed some light on the recent film productions that seem to provide a shift in portraying the realms of dying and sexuality concentrating on The Garden of Earthly Delights (2003) as the most paradigmatic example.

Keywords: contemporary cinema, dying and sexuality, narrative techniques, plot and visual schemes

Procedia PDF Downloads 400