Search results for: and justice
242 Conditionality in the European Union as a New Instrument to Guarantee the Principle of Separation of Powers
Authors: Ana Neves
Abstract:
The European Union’s multi-level constitutionalism is grounded in an intricate network of vertical and horizontal legal relationships among different levels and types of public authorities. In a very significant way since the 2008 crisis, evolving institutional arrangements and institutional dynamics in the European Union have been progressively impacting Member States and the terms under which national public authorities are organised, interact and exercise their powers. This impact occurs in both macro and micro dimensions. Several examples are relevant here, such as the involvement of national Parliaments in the activities of the European Union, the enhanced integration of public administrations, the side effects of the Council framework decision on the European Arrest Warrant, the European Union Justice Scoreboard, the protection of whistle-blowers regulation, the enhanced cooperation on the establishment of the European Public Prosecutor’s Office, the regime for the protection of the Union budget and the European Rule of Law Mechanism. A common trend or denominator underlies the deepening of institutional interdependence and the increased interactions between the European Union, Member States, and public authorities at different levels. This seems to be conditionality as a general principle. The European multi-level constitutionalism must be considered in the light of this conditionality principle, which does not “imply a relationship of command and obedience”. Nevertheless, it might be more effective or be a very compelling principle. It is as if the extension of the shared rule is being accompanied by a contrapuntal dialogue. The different public authorities at various levels are being called to rethink and readjust themselves within a broader and more plural framework concerning understanding the limitation of power.Keywords: european union -, multi-level hierarchy, conditionality, separation of powers
Procedia PDF Downloads 107241 Reassembling a Fragmented Border Landscape at Crossroads: Indigenous Rights, Rural Sustainability, Regional Integration and Post-Colonial Justice in Hong Kong
Authors: Chiu-Yin Leung
Abstract:
This research investigates a complex assemblage among indigenous identities, socio-political organization and national apparatus in the border landscape of post-colonial Hong Kong. This former British colony had designated a transient mode of governance in its New Territories and particularly the northernmost borderland in 1951-2012. With a discriminated system of land provisions for the indigenous villagers, the place has been inherited with distinctive village-based culture, historic monuments and agrarian practices until its sovereignty return into the People’s Republic of China. In its latest development imperatives by the national strategic planning, the frontier area of Hong Kong has been identified as a strategy site for regional economic integration in South China, with cross-border projects of innovation and technology zones, mega-transport infrastructure and inter-jurisdictional arrangement. Contemporary literature theorizes borders as the material and discursive production of territoriality, which manifest in state apparatus and the daily lives of its citizens and condense in the contested articulations of power, security and citizenship. Drawing on the concept of assemblage, this paper attempts to tract how the border regime and infrastructure in Hong Kong as a city are deeply ingrained in the everyday lived spaces of the local communities but also the changing urban and regional strategies across different longitudinal moments. Through an intensive ethnographic fieldwork among the borderland villages since 2008 and the extensive analysis of colonial archives, new development plans and spatial planning frameworks, the author navigates the genealogy of the border landscape in Ta Kwu Ling frontier area and its implications as the milieu for new state space, covering heterogeneous fields particularly in indigenous rights, heritage preservation, rural sustainability and regional economy. Empirical evidence suggests an apparent bias towards indigenous power and colonial representation in classifying landscape values and conserving historical monuments. Squatter and farm tenants are often deprived of property rights, statutory participation and livelihood option in the planning process. The postcolonial bureaucracies have great difficulties in mobilizing resources to catch up with the swift, political-first approach of the mainland counterparts. Meanwhile, the cultural heritage, lineage network and memory landscape are not protected altogether with any holistic view or collaborative effort across the border. The enactment of land resumption and compensation scheme is furthermore disturbed by lineage-based customary law, technocratic bureaucracy, intra-community conflicts and multi-scalar political mobilization. As many traces of colonial misfortune and tyranny have been whitewashed without proper management, the author argues that postcolonial justice is yet reconciled in this fragmented border landscape. The assemblage of border in mainstream representation has tended to oversimplify local struggles as a collective mist and setup a wider production of schizophrenia experiences in the discussion of further economic integration among Hong Kong and other mainland cities in the Pearl River Delta Region. The research is expected to shed new light on the theorizing of border regions and postcolonialism beyond Eurocentric perspectives. In reassembling the borderland experiences with other arrays in state governance, village organization and indigenous identities, the author also suggests an alternative epistemology in reconciling socio-spatial differences and opening up imaginaries for positive interventions.Keywords: heritage conservation, indigenous communities, post-colonial borderland, regional development, rural sustainability
Procedia PDF Downloads 207240 Patriarchy and Clearance Rates of Sexual Victimization: A Multilevel Analysis
Authors: Margaret Schmuhl, Michelle Cubellis
Abstract:
Violence against women (VAW) is a widespread social problem affecting nearly two million women in the United States each year. Recently, feminist criminologists have sought to examine patriarchy as a guiding framework for understanding violence against women. Literature on VAW often examines measures of structural gender equality, often overlooking ideological patriarchy which is necessary for structural inequality to remain unchallenged. Additionally, empirical literature generally focuses on extreme forms of VAW, rape, and femicide, often neglecting more common types of violence. This literature, under the theoretical guidance of the Liberal, Radical, and Marxist feminist traditions, finds mixed support for the relationship of patriarchy and VAW. Explanations for these inconsistencies may include data availability, and the use of different operationalizations of structural patriarchy. Research is needed to examine fuller operationalizations of patriarchy in social institutions and to extend this theoretical framework to the criminal justice response to VAW (i.e., clearance rates). This study examines sexual violence clearance rates under the theoretical guidance of these feminist traditions using incident- and county-level data from National Incident Based Reporting System and other sources in multilevel modelling. The findings suggest mixed support for the feminist hypotheses and that patriarchy and gender equality differentially affect arrest clearance rates and clearance through exceptional means for sexual violence.Keywords: clearance rates, gender equality, multilevel modelling, patriarchy, sexual victimization, violence against women
Procedia PDF Downloads 183239 The Imminent Other in Anna Deavere Smith’s Performance
Authors: Joy Shihyi Huang
Abstract:
This paper discusses the concept of community in Anna Deavere Smith’s performance, one that challenges and explores existing notions of justice and the other. In contrast to unwavering assumptions of essentialism that have helped to propel a discourse on moral agency within the black community, Smith employs postmodern ideas in which the theatrical attributes of doubling and repetition are conceptualized as part of what Marvin Carlson coined as a ‘memory machine.’ Her dismissal of the need for linear time, such as that regulated by Aristotle’s The Poetics and its concomitant ethics, values, and emotions as a primary ontological and epistemological construct produced by the existing African American historiography, demonstrates an urgency to produce an alternative communal self to override metanarratives in which the African Americans’ lives are contained and sublated by specific historical confines. Drawing on Emmanuel Levinas’ theories in ethics, specifically his notion of ‘proximity’ and ‘the third,’ the paper argues that Smith enacts a new model of ethics by launching an acting method that eliminates the boundary of self and other. Defying psychological realism, Smith conceptualizes an approach to acting that surpasses the mere mimetic value of invoking a ‘likeness’ of an actor to a character, which as such, resembles the mere attribution of various racial or sexual attributes in identity politics. Such acting, she contends, reduces the other to a representation of, at best, an ultimate rendering of me/my experience. She instead appreciates ‘unlikeness,’ recognizes the unavoidable actor/character gap as a power that humbles the self, whose irreversible journey to the other carves out its own image.Keywords: Anna Deavere Smith, Emmanuel Levinas, other, performance
Procedia PDF Downloads 155238 Understanding Gender-Based Violence through an Adolescent Lens: Qualitative Findings from Delhi, India
Authors: Pratishtha Singh
Abstract:
Gender-based violence (GBV) or gendered violence refers to violence inflicted on a person because of their gender. Majority of men who perpetrate gender-based violence, first do so during their teenage years. Further, the first sexual experience of most girls is coerced. In order to reduce the widespread occurrence of GBV, it is vital to intervene and reach people, especially boys, when their attitudes and beliefs about sexuality and gender are developing. This study aims to understand GBV through an adolescent lens, focusing on their knowledge, attitudes and experiences regarding gendered abuse. This is a cross-sectional, qualitative study. The respondents are Delhi based students in grades 11th and 12th, recruited via snowball sampling. Sixteen in-depth, telephonic interviews were carried out in the month of April, 2020. The data was transcribed verbatim into MS Word and qualitative coding was undertaken in Atlas.ti 8. Twelve out of sixteen respondents admitted experiencing sexual GBV. Out of these, a little more than half of the victims reported it to somebody. Thematic analysis revealed key themes of: (i) Introduction and reinforcement of a patriarchal structure (ii) Violence in teen dating (iii) Acceptability and normalization of violence and (iv) Justice System. Findings reflect a process wherein GBV becomes an intricate part of adolescents’ lives. Participants showed a moderately well-informed understanding of gendered abuse whereas attitudes reflected a complex combination of internalized patriarchy and a desire to bring positive societal reform. The results of this study highlight a need for health promoting, gender-equitable interventions.Keywords: adolescents, gender, health, violence
Procedia PDF Downloads 127237 Determinants of the Shadow Economy with an Islamic Orientation: An Application to Organization of Islamic Cooperation and Non-Organization of Islamic Cooperation Countries
Authors: Shabeer Khan
Abstract:
The main objective of Islamic Finance is to promote social justice thorough financial inclusion and redistribution of economic resources between rich and poor. The approach of Islamic finance is more comprehensive in nature and covers both formal and informal sectors of the economy, first, through reducing the gap between both sectors, and second by using specific Islamic values to reallocate the wealth between formal and informal sectors. Applying Generalized Method of Movements (GMM) to the annual data spanning from 1995-2015 for 141 countries, this study explores the determinants of informal business sector in Organization of Islamic Cooperation (OIC) countries and then compares with Non-OIC countries. Economic freedom and institutions variables as well as economic growth and money supply are found to reduce informal business sector in both OIC and Non-OIC nations while government expenditure are found to increase informal business sector in both group of nations. Informal Business sector remain the same in both types of countries but still the majority Muslim population in OIC economies create main difference between both groups of nations and justify the potential role of Islamic Finance in informal business sector in OIC nations. The study suggests that institutions quality should be improved and entrepreneurs’ friendly business environment must be provided. This study refines the main features of informal business sector and discuss their implications on policy designing and implementation, particularly in the context of Islamic finance fight against poverty, inequality and improving living standards of informal sector participants in OIC countries.Keywords: Islamic finance, informal Business Sector, Generalized Method of Movements (GMM) and OIC
Procedia PDF Downloads 149236 The Impact of Artificial Intelligence on Human Rights Legislations and Evolution
Authors: Nawal Yacoub Halim Abdelmasih
Abstract:
The intersection between development and human rights has been the factor of scholarly debate for a long term. therefore, some of standards, which enlarge from the proper to development to the human rights-based totally method to development, had been adopted to apprehend the dynamics among the two standards. no matter these attempts, the exact relationship among improvement and human rights has not been completely determined but. however, the inevitable interdependence between the two notions and the idea that improvement efforts ought to be undertaken with the aid of giving due regard to human rights ensures has won momentum in recent years. then again, the emergence of sustainable development as a extensively common technique in development dreams and policies makes this unsettled convergence even extra complicated. The vicinity of sustainable improvement in human rights regulation discourse and the function of the latter in making sure the sustainability of development applications name for a scientific observe. as a result, this newsletter seeks to discover the relationship among development and human rights, particularly focusing at the location given to sustainable development principles in international human proper regulation. it'll similarly quest whether or not there is a proper to sustainable improvement diagnosed therein. as a result, the item asserts that the ideas of sustainable improvement are immediately or circuitously diagnosed in diverse human rights contraptions, which affords an affirmative response to the question raised hereinabove. This paintings, therefore, will make expeditions via international and regional human rights devices in addition to case legal guidelines and interpretative hints of human rights bodies to show this speculation.Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security
Procedia PDF Downloads 29235 Addressing Coastal Community Vulnerabilities with Alternative Marine Energy Projects
Authors: Danielle Preziuso, Kamila Kazimierczuk, Annalise Stein, Bethel Tarekegne
Abstract:
Coastal communities experience a variety of distinct socioeconomic, technical, and environmental vulnerabilities, all of which accrue heightened risk with increasingly frequent and severe climate change impacts. Marine renewable energy (MRE) offers a potential solution for mitigating coastal community vulnerabilities, especially water-energy dependencies while delivering promising co-benefits such as increased resilience and more sustainable energy outcomes. This paper explores coastal community vulnerabilities and service dependencies based on the local drivers that create them, with attention to climate change impacts and how they catalyze water-energy unmet needs in these communities. We examine the vulnerabilities through the lens of coastal Tribal communities (i.e., the Makah Tribe, the Kenaitze Tribe, Quinault Nation), as indigenous communities often face compounded impacts of technical, economic, and environmental vulnerabilities due to their underlying socio-demographic inequalities. We offer an environmental and energy justice indicators framework to understand how these vulnerabilities disproportionately manifest and impact the most vulnerable community members, and we subsequently utilize the framework to inform a weighted decision matrix tool that compares the viability of MRE-based alternative energy futures in addressing these vulnerabilities. The framework and complementary tool highlight opportunities for future MRE research and pilot demonstrations that directly respond to the vulnerabilities of coastal communities.Keywords: coastal communities, decision matrix, energy equity, energy vulnerability, marine energy, service dependency
Procedia PDF Downloads 78234 Formation of an Empire in the 21st Century: Theoretical Approach in International Relations and a Worldview of the New World Order
Authors: Rami Georg Johann
Abstract:
Against the background of the current geopolitical constellations, the author looks at various empire models, which are discussed and compared with each other with regard to their stability and functioning. The focus is on the fifth concept as a possible new world order in the 21st century. These will be discussed and compared to one another according to their stability and functioning. All empires to be designed will be conceptualised based on one, two, three, four, and five worlds. All worlds are made up of a different constellation of states and relating coalitions. All systems will be discussed in detail. The one-world-system, the“Western Empire,” will be presented as a possible solution to a new world order in the 21st century (fifth concept). The term “Western” in “Western Empire” describes the Western concept after World War II. This Western concept was the result of two horrible world wars in the 20th century.” With this in mind, the fifth concept forms a stable empire system, the “Western Empire,” by political measures tied to two issues. Thus, this world order provides a significantly higher long-term stability in contrast to all other empire models (comprising five, four, three, or two worlds). Confrontations and threats of war are reduced to a minimum. The two issues mentioned are “merger” and “competition.” These are the main differences in forming an empire compared to all empires and realms in the history of mankind. The fifth concept of this theory, the “Western Empire,” acts explicitly as a counter model. The Western Empire (fifth concept) is formed by the merger of world powers without war. Thus, a world order without competition is created. This merged entity secures long-term peace, stability, democratic values, freedom, human rights, equality, and justice in the new world order.Keywords: empire formation, theory of international relations, Western Empire, world order
Procedia PDF Downloads 150233 Public Perception of Energy Security in Lithuania: Between Material Interest and Energy Independence
Authors: Dainius Genys, Vylius Leonavicius, Ricardas Krikstolaitis
Abstract:
Energy security problems in Lithuania are analyzed on a regular basis; however, there is no comprehensive research on the very issue of the concept of public energy security. There is a lack of attention not only to social determinants of perception of energy security, but also a lack of a deeper analysis of the public opinion. This article aims to research the Lithuanian public perception of energy security. Complex tasks were set during the sociological study. Survey questionnaire consisted of different sets of questions: view of energy security (risk perception, political orientation, and energy security; comprehensiveness and energy security); view of energy risks and threats (perception of energy safety factors; individual dependence and burden; disobedience and risk); view of the activity of responsible institutions (energy policy assessment; confidence in institutions and energy security), demographic issues. In this article, we will focus on two aspects: a) We will analyze public opinion on the most important aspects of energy security and social factors influencing them; The hypothesis is made that public perception of energy security is related to value orientations: b) We will analyze how public opinion on energy policy executed by the government and confidence in the government are intertwined with the concept of energy security. Data of the survey, conducted on May 10-19 and June 7-17, 2013, when Seimas and the government consisted of the coalition dominated by Social Democrats with Labor, Order and Justice Parties and the Electoral Action of Poles, were used in this article. It is important to note that the survey was conducted prior to Russia’s occupation of the Crimea.Keywords: energy security, public opinion, risk, energy threat, energy security policy
Procedia PDF Downloads 510232 Education in Schools and Public Policy in India
Authors: Sujeet Kumar
Abstract:
Education has greater importance particularly in terms of increasing human capital and economic competitiveness. It plays a crucial role in terms of cognitive and skill development. Its plays a vital role in process of socialization, fostering social justice, and enhancing social cohesion. Policy related to education has been always a priority for developed countries, which is later adopted by developing countries also. The government of India has also brought change in education polices in line with recognizing change at national and supranational level. However, quality education is still not become an open door for every child in India and several reports are produced year to year about level of school education in India. This paper is concerned with schooling in India. Particularly, it focuses on two government and two private schools in Bihar, but reference has made to schools in Delhi especially around slum communities. The paper presents brief historical context and an overview of current school systems in India. Later, it focuses on analysis of current development in policy in reference with field observation, which is anchored around choice, diversity, market – orientation and gap between different groups of pupils. There is greater degree of difference observed at private and government school levels in terms of quality of teachers, method of teaching and overall environment of learning. The paper concludes that the recent policy development in education particularly Sarva Siksha Abhiyaan (SAA) and Right to Education Act (2009) has required renovating new approach to bridge the gap through broader consultation at grassroots and participatory approach with different stakeholders.Keywords: education, public policy, participatory approach
Procedia PDF Downloads 394231 'Typical' Criminals: A Schutzian Influenced Theoretical Framework Exploring Type and Stereotype Formation
Authors: Mariam Shah
Abstract:
The way the human mind interprets and comprehends the world it occupies has long been a topic of discussion amongst philosophers and phenomenologists. This paper will focus predominantly on the ideologies espoused by the phenomenologist Alfred Schutz and will investigate how we attribute meaning to an event through the process of typification, and the production and usage of ‘types' and ‘stereotypes.' This paper will then discuss how subjective ideologies innate within us result in unique and subjective decision outcomes, based on a phenomenologically influenced theoretical framework which will illustrate how we form ‘types’ in order to ‘typecast’ and form judgements of everything and everyone we experience. The framework used will be founded in theory espoused by Alfred Schutz, and will review the different types of knowledge we rely on innately to inform our judgements, the relevance we attribute to the information which we acquire, and how we consciously and unconsciously apply this framework to everyday situations. An assessment will then be made of the potential impact that these subjective meaning structures can present when dispensing justice in criminal courts. This paper will investigate how these subjective meaning structures can influence our consciousness on both a conscious and unconscious level, and how this could potentially result in bias judicial outcomes due to negative ‘types’ or ‘stereotypes.' This paper will ultimately illustrate that we unconsciously and unreflexively use pre-formed types and stereotypes to inform our judgements and give meaning to what we have just experienced.Keywords: Alfred Schutz, criminal courts, decision making, judicial decision making, phenomenology, Schutzian stereotypes, types, typification
Procedia PDF Downloads 225230 Critical Pedagogy and Ecoliteracy in the Teaching of Foreign Languages
Authors: Anita De Melo
Abstract:
Today we live in a crucial time of ecological crisis, of environmental catastrophes worldwide, and this scenario is, arrogantly, overlooked by powerful economic forces and their politics. Thus, a critical pedagogy that leads to action and that fosters ecoliteracy, environment education, is now inevitable, and it must become an integral part of the school curriculum across the disciplines, including the social sciences and the humanities. One of the most important contemporary and emerging movement of today is ecopedagogy, a movement that blends theory and ethics towards a curriculum that focus on an environmental education that will promote ecological justice, respect, and care by educating students to become planetary citizens. This paper aims, first, to emphasize the need for discussions and investigations regarding ecoliteracy within our field of teaching foreign languages, which will consider, among others, the of role language in stimulating sustainability, and the role of second language proficiency in fostering positive transnational dialogues conducive to fighting our current planetary crisis. Second, this paper suggests and discusses some critical ecopedagogical practices -- in the form of project-based learning, service-learning and environmental-oriented study abroad programs – apropos to ecoliteracy. These interdisciplinary projects can and should bring students in contact with communities speaking the target language, and such encounter would facilitate cultural exchanges and promote positive language proficiency whilst it would also give students the opportunity to work with finding ideas/projects to fight our current ecological catastrophe.Keywords: critical pedagogy, ecoliteracy, ecopedagogy, planetary crisis
Procedia PDF Downloads 250229 Protecting the Democracy of Children through Sustainable Risk Management: An Investigation into Risk Assessment and Nature-Based Play
Authors: Molly Gerrish
Abstract:
This work explores the physical, emotional, social, and cognitive risks and benefits related to nature-based teaching and highlights the importance of promoting a sustainable workforce within early childhood programs. Assessing and managing risks can help programs reimagine their approach to teaching, learning, recruitment, family connectivity, and staff motivation. The importance of staff sustainability and motivation/engagement related to social justice and the environment will be discussed. We will explore ways to manage fears and limitations faced by early childhood programs regarding nature experiences and risky play in a variety of locations using a lens of place-based learning. We will also examine the alignment of sustainability and social-emotional development, mental health supports, social awareness, and risk assessment. The work will discuss the varied perceptions of risk in diverse areas and the impact on the early childhood workforce. Motivational theory and compassion resiliency are hallmarks of both recruiting and retaining high-quality early childhood educators; the work will discuss how to balance programmatic constraints and healthy motivation for students and teachers while empowering individuals to advocate for their mental health and well-being. Finally, the work will highlight the positive impact of nature-based teaching practices and the overall benefit to young children and their educators.Keywords: child’s rights, inclusion, nature-based education, risk assessment
Procedia PDF Downloads 59228 Re-Examining Contracts in Managing and Exploiting Strategic National Resources: A Case in Divestation Process in the Share Distribution of Mining Corporation in West Nusa Tenggara, Indonesia
Authors: Hayyan ul Haq, Zainal Asikin
Abstract:
This work aims to explore the appropriate solution in solving legal problems stemmed from managing and exploiting strategic natural resources in Indonesia. This discussion will be focused on the exploitation of gold mining, i.e. divestation process in the New Mont Corporation, West Nusa Tenggara. These legal problems relate to the deviation of the national budget regulation, UU. No. 19/2012, and the implementation of the divestastion process, which infringes PP. No. 50/2007 concerning the Impelementation Procedure of Regional Cooperation, which is an implementation regulation of UU No. 1/2004 on State’s Treasury. The cooperation model, have been developed by the Provincial Government, failed to create a permanent legal solution through normative approach. It has merely used practical approach that tends (instant solution), by using some loopholes in the divestation process. The above blunders have accumulated by other secondary legal blunders, i.e. good governance principles, particularly justice, transparency, efficiency, effective principles and competitiveness principle. To solve the above problems, this work offers constitutionalisation of contract that aimed at reviewing and coherencing all deviated contracts, rules and policies that have deprived the national and societies’ interest to optimize the strategic natural resources towards the greatest benefit for the greatest number of people..Keywords: constitutionalisation of contract, strategic national resources, divestation, the greatest benefit for the greatest number of people, Indonesian Pancasila values
Procedia PDF Downloads 459227 Current Judicial Discourse Regarding the Impact of Alcohol Use Disorders on Crime in Canada
Authors: Ellen McClure
Abstract:
It is generally well-known that a number of inmates suffer from some form of substance or alcohol use disorder. This study identifies, analyses, classifies and codifies the most recent Canadian criminal judgments involving an accused diagnosed with an alcohol use disorder specifically. From this research, patterns in judicial discourse and sentencing norms can be established, and these findings can be juxtaposed with existing relevant academic literature, particular attention will be given to this discussion at the sentencing stage, and the subsequent incarceration of those with alcohol use disorders. This topic will be explored with an overarching emphasis on the effects that a lack of conversation regarding a possible correlation between alcohol consumption and crime may have. Although comparisons may be made in order to clarify or highlight certain issues, particular attention will be paid to jurisdictions within Canada. This paper explores the existing judicial discourse in sentencing regarding the relationship between alcohol and crime, and how this might explain the higher incarceration rates of those suffering from alcohol use disorders in Canada. The research questions are as follows: (1) What are the existing judicial discourses in sentencing around the relationship between alcohol and crime? (2) To what extent has the current discourse on alcohol addiction among judges and legal academics contributed to the incarceration of alcoholics?The major findings of this research indicate a strong correlation between a lack of judicial discussion regarding the accused’s alcohol use disorder and an increased tendency to consider an alcohol use disorder as an aggravating factor. Furthermore, it was found that an 82% of judges who discussed the alcohol use disorder meaningfully referred to the disorder as a mitigating factor. This can be compared with 6.7% of judges who referred to the alcohol use disorder as a mitigating factor in cases where the disorder was not meaningfully discussed.Keywords: alcohol use disorder, addiction, criminal justice, judicial discourse
Procedia PDF Downloads 266226 From Medusa to #MeToo: Different Discourses on Sexual Violence with Particular Reference to the Situation in Serbia
Authors: Jelena Riznić
Abstract:
Sexual violence is a social fact that is both ubiquitous and invisible. From the myth of Medusa and Lucretia, through legends about sexual violence in war conflicts, to Hollywood films and other productions — sexual violence exists as a motive, implicitly or explicitly. Many Hollywood films contain a scene of rape, and the media is increasingly reporting on cases of sexual violence, often not following the guidelines for sensitized and ethical reporting. On the other hand, sexual violence remains an invisible phenomenon if we are talking from the perspective of the survivors. Only the wave of women's testimonies that flooded social networks after the #MeToo campaign in 2017 pointed to the prevalence and to the existing ideas about sexual violence that persist at the level of myths in society, but also through formal norms in the hearing of justice systems. The problem is also in the way rape is defined in the criminal codes of different countries, and all of this affects the reproduction of sexual violence. Precisely because it is a deeply intimate experience of violence, but also a structural problem; on the other hand, understanding sexual violence requires sociological imagination. Accordingly, the subject of this paper is the presentation and analysis of various discourses on sexual violence throughout history — pre/anti-feminist, feminist and criminal law, with particular reference to the situation in Serbia. The paper uses a critical review and comparative analysis of various sources on sexual violence, as well as an analysis of the impact of these sources on the modern legal framework that regulates sexual violence. Research has shown that despite feminist contributions, myths about sexual violence persist and influence the treatment of women who have survived violence in criminal systems and society in general.Keywords: sexual violence, gender-based violence, MeToo campaign, feminism, Serbia
Procedia PDF Downloads 85225 Galtung’s Violence Triangle: We Need to Be Thinking Upside Down
Authors: Michael Fusi Ligaliga
Abstract:
Peace and Conflict Studies (PACS), despite being a new pedagogical discipline, is a growing interdisciplinary academic field that has expanded its presence from the traditional lens of war, conflict, and violence to addressing various social issues impacting society. Family and domestic violence (FDV) has seldom been explored through the PACS lens despite some studies showing that “on average, nearly 20 people per minute are physically abused by an intimate partner in the United States. Over one year, this equates to more than 10 million women and men.” In the Pacific, FDV rates are some of the highest in the world. The friction caused by cultural practices reinforcing patriarchy and male impunity, compounded by historical colonial experiences, as well as the impact of Christianity on the Pacific region, creates a complex social landscape when thinking about and addressing FDV in the Pacific. This paper seeks to re-examine Johan Galtung’s violence triangle (GVT) theory and its application to understanding FDV in the Pacific. Galtung argues that there are three forms of violence – direct, structural, and cultural. Direct violence (DV) is behaviors that threaten life itself or diminishes the ability of a person to meet his or her basic needs. This form of violence is visible because it is manifested in behaviors such as killing, maiming, sexual assault, etc. Structural violence (SV) exists when people do not get equal access to goods and services (health, education, justice) that enable them to reach their full potential. When ideologies embedded in cultural norms and practices are used to justify and advocate acts of violence by shifting the moral parameters from being wrong to right or acceptable, this, according to Galtung, is referred to as Cultural violence (CV).Keywords: direct violence, cultural violence, structural violence, indigenous peacebuilding, samoa
Procedia PDF Downloads 77224 The Factors Affecting on Promoting Productivity from Nurses' View
Authors: Mahnaz Sanjari, Sedigheh Salemi, Mohammad Mirzabeigi
Abstract:
Nowadays, the world is facing a crisis of workforce and one of the most striking examples is the shortage of nurses. Nursing workforce productivity is related by various factors such as absenteeism, professional effectiveness and quality care. This cross-sectional study was conducted in 700 nurses who work in government hospitals from 35 hospitals of 9 provinces in Iran. The study was approved by the Nursing Council and was carried out with the authorization of the Research Ethics Committee. The questionnaire included 33 questions and 4 sub categories such as human resource, education and management. The reliability was evaluated by Cronbach's alpha (α=0/85). Statistical analyzes were performed, using SPSS version 16. The result showed that nurses emphasized on "respect to nurse-to-bed ratio" and less importance item was "using less experienced nurse". In addition, another important factor in clinical productivity is "Proper physical structure and amenities","good communication with colleagues" and "having good facilities". Also, "human resources at all levels of standard", "promoting on merit" and "well defined relationship in health system" are another important factors in productivity from nurse` view. The main managerial factor is "justice between employees" and the main educational component of productivity is “updating nursing knowledge”. The results show that more than half of the participants emphasized on the management and educational factors. Productivity as one of the main part of the health care quality leads to appropriate use of human and organizational resources, reduce cost services, and organizational development.Keywords: productivity, nursing services, workforce, cost services
Procedia PDF Downloads 344223 Climate Change and Sustainable Development among Agricultural Communities in Tanzania; An Analysis of Southern Highland Rural Communities
Authors: Paschal Arsein Mugabe
Abstract:
This paper examines sustainable development planning in the context of environmental concerns in rural areas of the Tanzania. It challenges mainstream approaches to development, focusing instead upon transformative action for environmental justice. The goal is to help shape future sustainable development agendas in local government, international agencies and civil society organisations. Research methods: The approach of the study is geographical, but also involves various Trans-disciplinary elements, particularly from development studies, sociology and anthropology, management, geography, agriculture and environmental science. The research methods included thematic and questionnaire interviews, participatory tools such as focus group discussion, participatory research appraisal and expert interviews for primary data. Secondary data were gathered through the analysis of land use/cover data and official documents on climate, agriculture, marketing and health. Also several earlier studies that were made in the area provided an important reference base. Findings: The findings show that, agricultural sustainability in Tanzania appears likely to deteriorate as a consequence of climate change. Noteworthy differences in impacts across households are also present both by district and by income category. Also food security cannot be explained by climate as the only influencing factor. A combination of economic, political and socio-cultural context of the community are crucial. Conclusively, it is worthy knowing that people understand their relationship between climate change and their livelihood.Keywords: agriculture, climate change, environment, sustainable development
Procedia PDF Downloads 325222 Community Engagement Policy for Decreasing Childhood Lead Poisoning in Philadelphia
Authors: Hasibe Caballero-Gomez, Richard Pepino
Abstract:
Childhood lead poisoning is an issue that continues to plague major U.S. cities. Lead poisoning has been linked to decreases in academic achievement and IQ at levels as low as 5 ug/dL. Despite efforts from the Philadelphia Health Department to curtail systemic childhood lead poisoning, children continue to be identified with elevated blood lead levels (EBLLs) above the CDC reference level for diagnosis. This problem disproportionately affects low-income Black communities. At the moment, remediation is costly, and with the current policies in place, comprehensive remediation seems unrealistic. This research investigates community engagement policy and the ways pre-exisiting resources in target communities can be adjusted to decrease childhood lead poisoning. The study was done with two methods: content analysis and case studies. The content analysis includes 12 interviews from stakeholders and five published policy recommendations. The case studies focus on Baltimore, Chicago, Rochester, and St. Louis, four cities with significant childhood lead poisoning. Target communities were identified by mapping five factors that indicate a higher risk for lead poisoning. Seven priority zipcodes were identified for the model developed in this study. For these urban centers, 28 policy solutions and suggestions were identified, with three being identified at least four times in the content analysis and case studies. These three solutions create an interdependent model that offers increased community awareness and engagement with the issue that could potentially improve health and social outcomes for at-risk children.Keywords: at-risk populations, community engagement, environmental justice, policy translation
Procedia PDF Downloads 120221 Vestibular Schwannoma: A Rare Cause of Trigeminal Nerve Paraesthesia
Authors: Jessie Justice
Abstract:
This is a case report of a vestibular schwannoma presenting with numbness to the left lower lip and tongue and altered taste. The aim of this case is to raise awareness of differential diagnoses for trigeminal nerve paraesthesia and, hence, prompt thorough investigation. A 65-year-old male was referred to the Oral and Maxillofacial department regarding sudden-onset of numbness to his left lower lip and left tongue, with altered taste sensation subsequently developing. The patient was simultaneously being investigated for severe hearing loss in his left ear. On examination, there was altered sensation in the distribution of the left inferior alveolar nerve and left lingual nerve. There was no palpable cervical lymphadenopathy and no intra-oral lesions or dental cause for the symptoms. Due to his hearing loss in the left ear, the patient was sent for magnetic resonance imaging of the internal auditory meatus by the Ear, Nose and Throat (ENT) department, revealing a 2.5cm mass within the left cerebellopontine angle presumed to be a vestibular schwannoma. This led to the diagnosis of trigeminal nerve compression by a medium vestibular schwannoma. Consequently, the patient was followed up by an ENT, who referred him for stereotactic radiosurgery. A literature review regarding vestibular schwannomas presenting with orofacial paraesthesia was then carried out. A review of the literature has shown the incidence of vestibular schwannoma to be 3-5 cases per 100,000. It has been reported that approximately 5% of vestibular schwannoma cases display orofacial dysaesthesia, and about 1-3% of cases exhibit trigeminal neuralgia symptoms. This is a rare case of vestibular schwannoma causing trigeminal nerve paraesthesia. The aim of this study is to raise awareness of alternative causes of trigeminal nerve paraesthesia and the available literature surrounding this.Keywords: acoustic neuroma, orofacial dysaesthesia, trigeminal nerve paraesthesia, vestibular schwannoma
Procedia PDF Downloads 13220 The Domino Principle of Dobbs v Jackson Women’s Health Organization: The Gays Are Next!
Authors: Alan Berman, Mark Brady
Abstract:
The phenomenon of homophobia and transphobia in the United States detrimentally impacts the health, wellbeing, and dignity of school students who identify with the LGBTQ+ community. These negative impacts also compromise the participation of LGBTQ+ individuals in the wider life of educational domains and endanger the potential economic, social and cultural contribution this community can make to American society. The recent 6:3 majority decision of the US Supreme Court in Dobbs v Jackson Women’s Health Organization expressly overruled the 1973 decision in Roe v Wade and the 1992 Planned Parenthood v Casey decision. This study will canvass the bases upon which the court in Dobbs overruled longstanding precedent established in Roe and Casey. It will examine the potential implications for the LGBTQ community of the result in Dobbs. The potential far-reaching consequences of this case are foreshadowed in a concurring opinion by Justice Clarence Thomas, suggesting the Court should revisit all substantive due process cases. This includes notably the Lawrence v Texas case (invalidating sodomy laws criminalizing same-sex relations) and the Obergefellcase (upholding same-sex marriage). Finally, the study will examine the likely impact of the uncertainty brought about by the decision in Doddsfor LGBTQ students in US educational institutions. The actions of several states post-Dobbs, reflects and exacerbates the problems facing LGBTQ+ students and uncovers and highlights societal homophobia and transphobia.Keywords: human rights, LGBT rights, right to personal dignity and autonomy, substantive due process rights
Procedia PDF Downloads 104219 Public Space, Environmental Violence and Female Vulnerability in Radwa Ashour’s Specters and Betool Khadiri’s Absent
Authors: Jihan Zakarriya
Abstract:
This paper aims at examining the concepts of gender vulnerability, militarized spaces and environmental degradation in Egyptian novelist Radwa Ashour’s Specters (1999) and Iraqi novelist Betool Khadiri’s Absent (2005). Although the socio-economic, environmental and political conditions in the 1990s- Egypt and Iraq are different, this paper argues that Ashour’s Specters and Khadiri’s Absent show the two societies as sharing a concern with the politics of public participation, individual freedom and political violence. For example, while Specters exposes the planned processes of economic-political and cultural violence towards Egyptian environment and people that undermine concepts of justice, equality and democracy, Absent shows the destructive effects of the systematic, successive waves of (international) militarized interferences and socio-economic sanctions imposed on Iraq following the Gulf War that hinder efforts of social development and kindle ethnic-religious violence and polarization in the country. This paper investigates and relates issues of gender, environmental and political violence and repression in Ashour’s Specters and Khadiri’s Absent in relation to the concepts of public space and security in the two countries. The paper argues that the selected novels articulate a particular awareness of the political-international conflicts and difficulties in the 1990s-Egypt and Iraq, with the aim both to emphasize the issue of gender as a tool of oppression and power hierarchy worldwide and to figure out new notions of public participation and change.Keywords: gender violence, public space, environment, change
Procedia PDF Downloads 142218 A Multiple Case Study of How Bilingual-Bicultural Teachers' Language Shame and Loss Affects Teaching English Language Learners
Authors: Lisa Winstead, Penny Congcong Wang
Abstract:
This two-year multiple case study of eight Spanish-English speaking teachers explores bilingual-bicultural Latino teachers’ lived experiences as English Language Learners and, more recently, as adult teachers who work with English Language Learners in mainstream schools. Research questions explored include: How do bilingual-bicultural teachers perceive their native language use and sense of self within society from childhood to adulthood? Correspondingly, what are bilingual teachers’ perceptions of how their own language learning experience might affect teaching students of similar linguistic and cultural backgrounds? This study took place in an urban area in the Pacific Southwest of the United States. Participants were K-8 teachers and enrolled in a Spanish-English bilingual authorization program. Data were collected from journals, focus group interviews, field notes, and class artifacts. Within case and cross-case analysis revealed that the participants were shamed about their language use as children which contributed to their primary language loss. They similarly reported how experiences of mainstream educator and administrator language shaming invalidated their ability to provide support for Latino heritage ELLs, despite their bilingual-bicultural expertise. However, participants reported that counter-narratives from the bilingual authorization program, parents, community and church organizations, and cultural responsive teachers were effective in promoting their language retention, pride, and feelings of well-being.Keywords: teacher education, bilingual education, English language learners, emergent bilinguals, social justice, language shame, language loss, translanguaging
Procedia PDF Downloads 189217 Shariah Guideline on Value-Based Intermediation Implementation in the Light of Maqasid Shariah Analysis
Authors: Muhammad Izzam Bin Mohd Khazar, Ruqayyah Binti Mohamad Ali, Nurul Atiqah Binti Yusri
Abstract:
Value-based intermediation (VBI) has been introduced by Bank Negara Malaysia (BNM) as the next strategic direction and growth driver for Islamic banking institutions. The aim of VBI is to deliver the intended outcome of Shariah through practices, conducts, and offerings that generate positive and sustainable impact to the economy, community and environment which is aligned to Maqasid Shariah in preserving the common interest of society by preventing harm and maximizing benefit. Hence, upon its implementation, VBI will experiment the current Shariah compliance treatment and revolutionise new policies and systems that can meritoriously entrench and convey the objectives of Shariah. However, discussion revolving VBI in the light of Maqasid analysis is still scarce hence further research needs to be undertaken. The idea of implementation of VBI vision into quantifiable Maqasid Shariah measurement is yet to be explored due to the nature of Maqasid that is variable. The contemporary scholars also have different views on the implementation of VBI. This paper aims to discuss on the importance of Maqasid Shariah in the current Islamic finance transactions by providing Shariah index measurement in the application of VBI. This study also intends to explore basic Shariah guidelines and parameters based on the objectives of Shariah; preservation of the five pillars (religion, life, progeny, intellect and wealth) with further elaboration on preservation of wealth under five headings: rawaj (circulation and marketability); wuduh (transparency); hifz (preservation); thabat (durability and tranquillity); and ‘adl (equity and justice). In alignment with these headings, Islamic finance can be innovated for VBI implementation, particularly in Maybank Islamic being a significant leader in the IFI market.Keywords: Islamic Financial Institutions, Maqasid Index, Maqasid Shariah, sustainability, value-based intermediation
Procedia PDF Downloads 168216 Role of Teachers in Fostering the Culture of Peace in Higher Education Context: A Literature Review
Authors: Maliheh Rezaei
Abstract:
Peace education has been introduced into many higher educational contexts by designing different programs, expecting to result in constructive changes, specifically in post-conflict countries. Teachers are the potential agents of positive change who play a major role in fostering the culture of peace in their classes. The purpose of this literature review was thus to evaluate the implementation of peace pedagogies by teachers in the context of higher education. More specifically, it addressed a) the role and characteristics of teachers and b) the pedagogies that they used to construct the culture of peace. The systematic literature review was used and several inclusion criteria were applied. Only papers published in English, which contained the keywords of university, higher education, peace, peace education, and similar derivatives such as ‘peacebuilding’ in their title and/or abstract, were included in this review. Moreover, only papers that dealt with the actual implementation of peace education theories were investigated. Findings highlighted that most teachers relied on pedagogies adopted from social justice, global citizenship, and positive psychology practices aiming to foster positive human traits such as resilience, empathy and reflection that were also believed to play an important role in peacebuilding efforts. Nevertheless, the incorporation of peace remained peripheral. The main challenge to incorporate the tenets of peace education was the shortage of teachers who were skilled and qualified enough to incorporate and promote the culture of peace in their classes. This literature review presents the body of research that has linked peace education to Higher Education. Therefore, it informs teachers about the potential roles they have in creating a peaceful and sustainable future. It also presents them with more effective pedagogies and practices to successfully integrate peace-related activities in Higher Education.Keywords: culture of peace, higher education, teacher, pedogogy
Procedia PDF Downloads 197215 Water Governance Perspectives on the Urmia Lake Restoration Process: Challenges and Achievements
Authors: Jalil Salimi, Mandana Asadi, Naser Fathi
Abstract:
Urmia Lake (UL) has undergone a significant decline in water levels, resulting in severe environmental, socioeconomic, and health-related challenges. This paper examines the restoration process of UL from a water governance perspective. By applying a water governance model, the study evaluates the process based on six selected principles: stakeholder engagement, transparency and accountability, effectiveness, equitable water use, adaptation capacity, and water usage efficiency. The dominance of structural and physicalist approaches to water governance has led to a weak understanding of social and environmental issues, contributing to social crises. Urgent efforts are required to address the water crisis and reform water governance in the country, making water-related issues a top national priority. The UL restoration process has achieved significant milestones, including stakeholder consensus, scientific and participatory planning, environmental vision, intergenerational justice considerations, improved institutional environment for NGOs, investments in water infrastructure, transparency promotion, environmental effectiveness, and local issue resolutions. However, challenges remain, such as power distribution imbalances, bureaucratic administration, weak conflict resolution mechanisms, financial constraints, accountability issues, limited attention to social concerns, overreliance on structural solutions, legislative shortcomings, program inflexibility, and uncertainty management weaknesses. Addressing these weaknesses and challenges is crucial for the successful restoration and sustainable governance of UL.Keywords: evaluation, restoration process, Urmia Lake, water governance, water resource management
Procedia PDF Downloads 67214 The Terminology of Mandatory Mediation on Commercial Disputes in Türkiye and the Differences from England and Wales’s Approaches
Authors: Sevgi Karaca
Abstract:
Since December 6, 2018, mediation has become mandatory for commercial disputes under the Turkish Commercial Code. Mandatory mediation became one of the “causes of action”, and being compulsory means starting the mediation process before going to court. As it contemplates looking at “the causes of the action”, the terminology may lead to misinterpretation of the core of the phrases. However, the terms pertain to a prerequisite for starting the lawsuit. The court will examine failure to comply with such requirements, and the case will be dismissed without further action. Türkiye’s use of obligatory mediation is highly unusual. It is neither judge-led nor judge-assisted mediation but rather a mediation conducted outside of court with the participation of a third party (mediators). What distinguishes it is the incorporation of obligatory mediation into the causes of actions listed in the Code of Civil Procedure. Being one of the causes of action in a legal case implies that the absence of any of them may result in the procedural dismissal of the case without any further action. The case must be presented to the mediator first, and if the parties are unable to reach an agreement, they must deliver the results of the mediation session. Other than submitting the minutes, parties are ineligible to file a lawsuit. However, despite a lengthy history of use in England and Wales, there are considerable reservations about making mediation mandatory. The Civil Procedure Code does not explicitly mention making mediation mandatory. For the time being, there is no Mediation Code, and case law limits the growth of obligatory mediation. Some renowned judges voiced their desire to re-evaluate the notion of required mediation, prompting the Civil Justice Council to release a study in 2021 on the significance of amending case law and the high value of mandatory mediation. By contrasting the approaches to mandatory mediation in England and Wales, the study will investigate the method of controlled mandatory mediation and its effects on the success of mediation in Türkiye.Keywords: alternative dispute resolution, case law, cause of action, litigation process, mandatory mediation
Procedia PDF Downloads 78213 Credible Autopsy Report for Investigators and Judiciary
Authors: Sudhir K. Gupta
Abstract:
Introduction: When a forensic doctor determines that a suspicious death is a suicide, homicide, or accident, the decision virtually becomes incontestable by the investigating police officer, and it becomes an issue whether the medical opinion was created with necessary checks and balances on the other probabilities of the case. It is suggested that the opinion of Forensic Medical experts is conventional, mutable, and shifting from one expert to another. The determination of suicide, accident, or homicide is mandatorily required, which is the Gold Standard for conducting death investigations. Forensic investigations serve many audiences, but the court is by far the most critical. The likely questions on direct and cross-examination determine how forensic doctors gather and handle evidence and what conclusions they reach. Methodology: The author interacted with the investigative authority, and a crime scene visit was also done along with the perusal of the Postmortem report, subsequent opinion, and crime scene photographs and statements of the witness and accused. Further analysis of all relevant scientific documents and opinions of other forensic doctors, forensic scientists, and ballistic experts involved in these cases was done to arrive at an opinion with scientific justification. Findings: The opinions arrived at by the author and how they helped the judiciary in delivering justice in these cases have been discussed in this article. This can help the readers to understand the process involved in formulating a credible forensic medical expert opinion for investigators and the judiciary. Conclusion: A criminal case might be won or lost over doubt cast on the chain of custody. Medically trained forensic doctors, therefore, learn to practice their profession in legally appropriate ways, and opinions must be based on medical justifications with credible references.Keywords: forensic doctor, professional credibility, investigation, expert opinion
Procedia PDF Downloads 76