Search results for: special laws

Authors: Foluke Dada

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The Prevalence of gender-based violence in Nigeria is of such concern and magnitude that the government has intervened by ratifying international instruments such as the convention on the elimination of all forms of discrimination against women, the declaration on the elimination of violence against women; the protocol to the African charter on human and people’s rights on the rights of women, etc. By promulgating domestic laws that sought to prevent the perpetration of Gender-based violence and also protect victims from future occurrences. Nigeria principally has two legal codes creating criminal offenses and punishments for breach of those offenses, the Criminal Code Law, applying to most states in Southern Nigeria and the Penal Code applying to states in Northern Nigeria. Individual State laws such as the Ekiti State and Lagos State Gender-Based Violence laws are also discussed. This paper addresses Gender-Based Violence in Nigeria and exposes the inadequacies in the laws and their application. The paper postulates that there is a need for more workable public policy that strengthens the social structure fortified by the law in order to engender the necessary changes and provide the opportunity for government to embark on grassroots-based advocacy that engage the victims and sensitize them of their rights and how they can enjoy some of the protections afforded by the laws.

Keywords: gender, violence, human rights, law and policy

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Authors: Aviva Lvan, Lipaz Shamoa-Nir

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Recently, has increased the research interest in modern fatherhood especially, the increasing involvement of fathers in the family. However, there is a little research evidence on fathers to children with special needs. Therefore, the purpose of this study was to examine the effects of stress and coping style on involvement in school among fathers to children with special needs in inclusive education. We compared the fathers to children with special needs (N=72) with fathers to non-special needs children (N = 75), and found that higher stress levels, greater educational involvement and greater use of social support coping style, were found among fathers of children with special needs. In addition, mission coping style and emotional coping style predict involvement in the school and emotional coping style predicts high levels of stress. The above findings contribute to the investigation of changes in the perception of the role of fathers and their involvement in their children's lives especially, among fathers to children with special needs. From the applied aspect, the findings may increase the understanding of the role of fathers and their unique contribution to the social, emotional, and academic development of their children.

Keywords: coping style, educational involvement, special needs, stress

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Authors: Abdul Nasir Zamir

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After the downfall of Ottoman Caliphate, it scattered into different small Muslim states. Muslim leaders, intellectuals, revivalists as well as modernists started trying to boost up their nation. Some Muslims are also trying to establish the caliphate. Every Muslim country has its own political system, i.e., kingship, dictatorship or democracy, etc. But these are not in their original forms as the historian or political science discussed in their studies. The laws and their practice are mixed, i.e., others with Islamic laws, e.g., Saudi Arabia (K.S.A) and the Islamic Republic of Pakistan, etc. There is great conflict among the revivalist Muslim parties (groups) and governments about political systems. The question is that the subject matter is Sharia or political system? Leaders of Modern Muslim states are alleged as disbelievers due to neglecting the revelation in their laws and decisions. There are two types of laws; Islamic laws and management laws. The conflict is that the non-Islamic laws are in practice in Muslim states. Non-Islamic laws can be gradually changed with Islamic laws with a legal and peaceful process according to the practice of former Muslim leaders and scholars. The bloodshed of Muslims is not allowed in any case. Weak Muslim state is a blessing than nothing. The political system after Muhammad and guided caliphs is considered as kingship. But during this period Muslims not only developed in science and technology but conquered many territories also. If the original aim is in practice, then the Modern Muslim states can be stabled with different political systems. Modern Muslim states are the hope of survival, stability, and development of Muslim Ummah. Islam does not allow arm clash with Muslim army or Muslim civilians. The caliphate is based on believing in one Allah Almighty and good deeds according to Quran and Sunnah. As faith became weak and good deeds became less from its standard level, caliphate automatically became weak and even ended. The last weak caliphate was Ottoman Caliphate which was a hope of all the Muslims of the world. There is no caliphate or caliph present in the world. But every Muslim country or state is like an Amarat (a part of caliphate or small and alternate form of the caliphate) of Muslims. It is the duty of all Muslims to stable these modern Muslim states with tolerance.

Keywords: caliphate, conflict resolution, modern Muslim state, political conflicts, political systems, tolerance

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Authors: Vandana Kumari

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One of the most ancient and detailed legal codes proclaimed the Babylonian King Hammurabi during his reign in the erstwhile Mesopotamian society, provides a fascinating account of the social and justice system of Babylon. The 282 laws intricately carved on eight feet black stone stela serve as an important source of contemporary commercial, family and criminals laws. This paper attempts an inquiry into the contemporary relevance of this legal code to our current legal system. An exhaustive study of one of ancient legal system based on a series of practical experiences rather than being founded on mere theoretical ideologies can be assumed pertinent to the promulgation of practically viable laws in our country. The first chapter of the paper focuses on law seven which established the rules of commerce and the role of government in overseeing justice and honesty regarding the law of property. The second chapter deals with the laws of family, marriages, divorce and adoption prevailing in the Babylonian era. The third chapter traces the earliest known history of criminal jurisprudence which impregnated the principle of an eye for an eye. The paper is not merely a theoretical account of the Mesopotamian way of living but a novice attempt to discover the roots of Indian laws in the ruins of the courtrooms of the Hammurabi Empire.

Keywords: Babylonian legal system, Contemporary relevance, criminal jurisprudence, Hammurabi Code

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

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Legislation includes the law or the statutes which is being reputable by a sovereign authority and generally can be implemented by the courts of law time to time to accomplish the objectives. Historically speaking upon the emergence of Pakistan in 1947, the intact laws of the British Raj remained effective after ablution by Islamic Ideology. Thus, there was an intention to begin the statutes book afresh for Pakistan's legal history. In consequence thereof, the process of developing detailed plans, procedures and mechanisms to ensure legislative and regulatory requirements are achieved began keeping in view the cultural values and the local customs. This article is an input to the enduring discussion about implementing rule of law in Pakistan whereas; the rule of law requires the harmony of laws which is mostly in the arrangement of codified state laws. Pakistan has legal plural civilizations where completely different and independent systems of law like the Mohammadan law, the state law and the traditional law exist. The prevailing practiced law in Pakistan is actually the traditional law though the said law is not acknowledged by the State. This caused the main problem of the rule of law in the difference between the state laws and the cultural values. These values, customs and so-called traditional laws are the main obstacle to enforce the State law in true letter and spirit which has caused dissatisfaction of the masses and distrust upon the judicial system of the country.

Keywords: consequences, implement, law, Pakistan

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Authors: Rosyidah Muhamad

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Democracies are premised on the idea that citizens can hold their leaders accountable for their actions by voting for or against them in regular elections. However, in order this ideal to be realized, citizens must possess a minimum amount of information about their leaders’ performance. Citizens should be made aware of the performance of their elected representatives. This study seeks to analyse this critical information with special reference to Malaysian Parliamentarians (MPs). We adopted several existence Parliamentary Performance model with special reference to their performance inside the parliament. Among indicators used by the Scholastic for analysing this performance are the number of bills proposed by parliamentarian, the number of proposals that would benefit their constituency, the number of speeches made by the parliamentarian during plenary and the percentage of laws passed among the proposals made by certain parliamentary. The broad goals of the study include the analysis of the capacity of a representative body to accommodate the diverse claims and demands that are made on it. We find that overall performances of MPs are average. This is due to not only the background characteristic of individuals MPs but also the limitation of the mechanism provides in the Parliament itself.

Keywords: member of parliament, democracy, evaluation, Malaysia

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Authors: Nefrijanti Sutikno

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This paper highlights puberty and sexuality on children with special needs (SNC) in which they are very vulnerable to child sexual abuse (CSA). By providing sufficient knowledge and skill to teachers, they can synergise with parents to better anticipate, prevent and reduce the possibility of CSA and when it has already happened, together they are able to provide proper support and assistance to the victims of CSA.

Keywords: Special Needs Children (SNC), puberty, sexuality, child sexual abuse (CSA), prevention of CSA, anticipation of CSA

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Authors: Nasir Sulman

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In Pakistan, the inclusion of persons with disabilities in higher education institutions has significantly been increased with every passing year and anyone can observe a sizeable number of these students in each faculty. The study executes to conduct a baseline survey for measuring faculty understanding about the special needs, experiences of students with disabilities and support provided by university administration in order to teach these students effectively. The researcher has used mixed methods and the University of Karachi was selected through non-probability-based sampling method. This university is one of the largest universities in Pakistan where more than 40,000 students have been enrolled. Data was gathered through a questionnaire and focused group discussion from three stakeholders including students with disabilities, faculty members and members of the university administration. The key findings show that students with disabilities experience a number of problems related to accommodating their special needs. However, the most encouraging factors identified are the attitude, support, and motivation they received from various faculty members and university administration. On the basis of the findings of the study the researcher has prepared a faculty guidebook and established a ‘Model Learning Assistance Centre for Students with Disabilities’ in the Department of Special Education, University of Karachi. Both these efforts will be helpful for improving the support services for students with disabilities to strengthen the existing laws, policies, and practices in institutions of higher education.

Keywords: persons with disabilities, higher education, learning assistance center, faculty guidebook

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Authors: Isabel Roiz, Alejandra Cossio

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This essay will talk about the problems of forced prostitution, human trafficking, and sexual exploitation in the Netherlands. This work conveys information from different sources stating the numbers and statistics of human trafficking throughout Europe and the different types of sexual exploitation as well as the means used for coercing victims into this illegal net. The research aims to inform and compare the way this business is handled and the ways used by criminals to lure and retain victims in spite of the law. It also tries to compare the laws in the Netherlands and Sweden regarding prostitution affects the illegal migration problems and how they change the ways those who work as prostitutes are treated. The aim of the paper is to take all of these aspects into consideration and reach a decision of what laws would most beneficiate the victims.

Keywords: human trafficking, prostitution, laws of migration, Amsterdam

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Authors: Ahmed Farouk Radwan, Sheren Mousa

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There are many laws and regulations governing the use of new and social media in the United Arab Emirates. During the past few years, the importance of using these platforms in the fields of media and government communication has increased, as well as at the level of individual use. In 2016, the National Media Council Law was issued to regulate traditional and new media field, and gave the council the power to oversee and undertake the media affairs in the state. NMC is mandated to: Develop the UAE’s media policy, Draft media legislation and ensure its execution and Prohibited media content ,Co-ordinate the media policy between the emirates in line with the UAE’s domestic and foreign policy, Ensure support for the federation and project national unity. All media organizations in the UAE must comply with the regulations and rules issued by council. Social media influencers have to be licensed by NMC if they accept paid ads to be published on their accounts. The study explores other laws concerning of new media and social media regulations and ethics including Combatting Cybercrimes law, Combating Discrimination and Hatred law, The Government Guidelines for social media users in the UAE, The Guidelines for the practices of electronic participation and social networking, Copyright Law, and Child Rights Law. The study clarifies the legal articles, items and standards in all these laws which related with the new media and social platforms and also determines the prohibited digital practices and the cultural norms governing it.

Keywords: media laws, media ethics, new media , UAE

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Authors: Maria Ashitko

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The Constitution of the Republic of Belarus is based on the principle of the unity of rights and obligations, including those of the child. The constitutional status of the child is aspecific system of constitutional elements established and guaranteed by the state through the current legislation and regulatory acts that ensure the special legal status of the child, his or her constitutional legal capacity, implementation of the principles of the constitutional and legal status of the child, constitutional rights of the child and their safeguards. Under the principles of the constitutional status of the child, we consider the general, normative, social-volitional rules of behavior established by the Constitution of the Republic of Belarus, laws and other regulatory acts that determine the content and social purpose of the legal status of the child. The constitutional and legal status of the child is characterized by the following special principles, which form a feature of the state legal system:1) Ensuring the interests of the child means providing for the child in accordance with his or her age, state of health, characteristics of development, life experience, family life, cultural traditions, ethnicity. 2) The principle of equal responsibility of both parents or their substitutes characterized by caring for the next generation as one of the priority tasks of the state and society, and all issues related to the implementation of children’s rights should be addressed at the constitutional level. 3) We would like to highlight such a special principle as the subprinciple of safeguards, which is the principle of ensuring the safety of the child. It is also worth noting that in legal studies, there is no relationship between safety and constitutional rights as general safeguards of individual rights and freedoms, and as special safeguards for the right to life. 4) The principle of justice is expressed by the fact that in modern conditions, the quality of life is determined not only by material wealth but also by the ability of the state to ensure the harmonization of social relations and social harmony on the basis of humanism and justice. Thus, the specificity of the constitutional status of the child is the age boundary between adulthood and minority; therefore, we propose to highlight the age characteristics of the child as an additional element. It is advisable to highlight such a special principle as the subprinciple of safeguards, which is the principle of ensuring the safety of the child.

Keywords: children’s rights, constitutional status, constitutional principles, constitutional rights

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Authors: Tianqi Yin

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The sharia had been the legislative basis in the Ottoman Empire since its emergence. The authority of sharia was superlative in the Islamic society compared to the power of the sulta, the nominal ruler of the nation, regulating essentially every aspect of people’s lives according to an ethical code. In modernity, however, as European sovereignty employed forces to re-engineer the Islamic world to make it more like their own, a society ruled by a state, the Ottoman legislation system encountered a great challenge of adopting codified laws to replace sharia with the formulation of the Mecelle being a prominent case. Interpretations of this transformation have been contentious, with the key debate revolving around whether these codified laws are authentic representations of sharia or alien legal formulations authorized by the modern nation-state under heavy European colonial influence. Because of the difference in methodology of the diverse theories, challenges toward having a universal conclusion on this issue remain. This paper argues that the formulation of the Mecelle and other codified laws is a discontinuity of sharia due to European modernity’s influence and that the emphasis on elements of Islamic laws is a tactic employed to promote this process. These codified laws signals a complete social transformation from the Islamic society ruled by the sharia to a replication of the European society that is ruled by a comprehensive ruling system of the modern state. In addition to advancing the discussion on the characterization of the codification movement in the Ottoman Empire in modernity, the research also promotes the determination of the nature of the modern codification movement globally.

Keywords: codification, mecelle, modernity, sharia, ottoman empire

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Authors: Kenneth Kapalu Muzata, Dikeledi Mahlo, Pinkie Mabunda Mabunda

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This paper presents results of a study conducted to establish special education teachers’ knowledge and application of curriculum adaptation of the 2013 revised curriculum in Zambia. From a sample of 134 respondents (120 special education teachers, 12 education officers, and 2 curriculum specialists), the study collected both quantitative and qualitative data to establish whether teachers understood and applied the concept of curriculum adaptation in teaching learners with special education needs. To obtain data validity and reliability, the researchers collected data by use of mixed methods. Semi-structured questionnaires and interviews were administered. Lesson Observations and post-lesson discussions were conducted on 12 selected teachers from the 120 sample that answered the questionnaires. Frequencies, percentages, and significant differences were derived through the statistical package for social sciences. Qualitative data were analyzed with the help of NVIVO qualitative software to create themes and obtain coding density to help with conclusions. Both quantitative and qualitative data were concurrently compared and related. The results revealed that special education teachers lacked a thorough understanding of the concept of curriculum adaptation, thus denying learners with special education needs the opportunity to benefit from the revised curriculum. The teachers were not oriented on the revised curriculum and hence facing numerous challenges trying to adapt the curriculum. The study recommended training of special education teachers in curriculum adaptation.

Keywords: curriculum adaptation, special education, learners with special education needs, special education teachers

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Authors: Anthonia Emmanuel Inaja

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The role of the counseling services by Special Educators, Guidance Counsellors and psychologists alike to Families and Parents of children with special needs cannot be over-emphasized. This paper examined the vital role of counseling services and its impact on the emotional and physical readiness of parents to initiate and support the education and rehabilitation needs of their children. The paper considered the importance of counseling, when counseling services are best required preparing the mindset of parents and family members as well as the immediate community of the social needs child.

Keywords: counseling, families, special, needs, children, problems, prospect

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Authors: Shih-Chieh Liao, Jen-Ying Ma

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Dual protagonists game always bring a unique experience compared to the other games. This research wants to discuss whether the dual protagonists have the moving ability and special ability or not; it will affect the preference of the players. This research will focus on the single-player dual protagonists game. After the observation, we found that when players control the dual protagonists, the moving ability and special ability are a great point defining the preference of players. When players control the character, which is lack of moving ability, they often feel impatient with the inconvenient mechanism and then reduce the will to play with the character or even the game. Furthermore, the special ability is also important in the situation that there is another character to compare with. When the character is too powerful, players tend not to use the weaker one. In addition, gender is a big deal in the games. It surprisingly controls the will of play occasionally. In view of these, this research makes a single-player dual protagonists game and the dual protagonists are limited to male and female. The experiment content detected with Electrodermal Activity (EDA) includes seven different situations. (1) male and females both have the moving ability and special ability. (2) male and female both have a special ability, but female does not have the moving ability. (3) male and females both have a special ability, but the male does not have the moving ability. (4) male and female both have the moving ability, but the male does not have special ability (5) male and female both have the moving ability, but female does not have a special ability (6) male-only has the moving ability and female-only has a special ability (7) male-only has a special ability and female only has the moving ability. The experiment will evaluate the emotional changes of the subjects in those situations. The result sorted by the significance of player preference is (6)>(4)>(1)>(2)>(5)>(3)>(7). The result demonstrates that players prefer females with special abilities or males with moving abilities. The game developer could design the ability of dual protagonists based on this research. Therefore, players may have a better experience.

Keywords: biofeedback, dual protagonists, emotional responses, psychology, user experience

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Authors: Jareeluk Ratanaphan

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The purposed of this research were; 1. To survey the teacher’s needs on knowledge about special education management for special needs student 2. Development of distance training packages for teacher on special education management for special needs student 3. to study the effects of using the packages on trainee’s achievement 4. to study the effects of using the packages on trainee’s opinion on the distance training packages. The design of the experiment was research and development. The research sample for survey were 86 teachers, and 22 teachers for study the effects of using the packages on achievement and opinion. The research instrument comprised: 1) training packages on special education management for special needs student 2) achievement test 3) questionnaire. Mean, percentage, standard deviation, t-test and content analysis were used for data analysis. The findings of the research were as follows: 1. The teacher’s needs on knowledge about teaching for a learner with learning disability, mental retardation, autism, physical and health impairment and research in special education. 2. The package composed of special education management for special needs student document and manual of distance training packages. The document consisted by the name of packages, the explanation for the educator, content’s structure, concept, objectives, content and activities. Manual of distance training packages consisted by the explanation about a document, objectives, explanation about using the package, training schedule, and evaluation. The efficiency of packages was established at 79.50/81.35. 3. The results of using the packages were the posttest average scores of trainee’s achievement were higher than the pretest. 4. The trainee’s opinion on the package was at the highest level.

Keywords: distance training package, teacher, learner with special needs

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Authors: Anna K. Johnson

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Technology can provide endless opportunities for students with special needs. Virtual learning, particularly virtual charter schools in the US, provides opportunities for students with special needs for alternative education besides Brick and Mortar schools. Virtual schools have proven to be successful in the way they are able to provide quality education for their students. Virtual schools, just like Brick and Mortar schools, are not for everybody. This research is designed to look at the effectiveness of online charter schools, so parents can make decisions based on data. This article explains what inclusion is and how inclusion is addressed in the virtual environment. Often, students with special needs have limited options for schooling, and new charter schools provide that alternative education for students who don’t fit in the local brick-and-mortar school.

Keywords: special education, virtual school, online, inclusion

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Authors: Jennifer Duffy, Liz Fleming

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Teacher shortage in special education is an American educational problem. Due to the implementation of The No Child Left Behind Act (2001) and The Individuals with Disabilities Education Improvement Act (2004), there has been an increase in the number of students requiring special education services. Consequently, there has been an influx to hire more special education teachers. However, the historic challenge of hiring certified special education teachers has been intensified with this the profession’s increasing demand of positions to fill. Efforts to improve recruitment and entry into the field must be informed by an understanding of the factors that initially inspire special education teachers to choose this career pathway. Hence, an understanding of reasons why teachers select special education as a profession is needed. The purpose of this study was to explore personal, academic, and professional motivations that lead to the selection of special education as a career choice. Using the grounded theory approach, this research investigation examined the factors that were most instrumental in influencing applicants to select special education as a career choice. Over one hundred de-identified graduate school applications to Bay Path University’s Graduate Special Education Programs from 2014- 2017 were qualitatively analyzed. Grounded coding was used to discover themes that emerged in applicants’ admissions essays explaining why he/she was pursuing a career in special education. The central themes that were most influential in applicants’ selection of special education as a career trajectory were (a) personal/familial connections to disability, (b) meaningful paraprofessional experiences working with disabled children, (c) aptitudes for teaching, and (d) finding personal rewards and professional fulfillment by advocating for vulnerable children. Implications from these findings include educating family members of children with disabilities about possible career tracks in special education, designing programs for paraprofessionals to become certified teachers, exposing prospective teacher candidates to the field of special education, and recruiting professionals from the human services field who seek to improve the quality of life and educational opportunities for children with special needs.

Keywords: career choice, professional pathways to teaching children with disabilities, special education, teacher recruitment

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Authors: Shih-Ching Wang, Mark Lang

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This paper examines the secondary effects and consequences of special displays on subsequent shopping behavior. Special displays are studied as a prominent form of in-store or shopper marketing activity. Two experiments are performed using special value and special quality-oriented displays in an online simulated store environment. The impact of exposure to special displays on mindsets and resulting product choices are tested in a shopping task. Impact on store image is also tested. The experiments find that special displays do trigger shopping mindsets that affect product choices and shopping basket composition and value. There are intended and unintended positive and negative effects found. Special value displays improve store price image but trigger a price sensitive shopping mindset that causes more lower-priced items to be purchased, lowering total basket dollar value. Special natural food displays improve store quality image and trigger a quality-oriented mindset that causes fewer lower-priced items to be purchased, increasing total basket dollar value. These findings extend the theories of product categorization, mind-sets, and price sensitivity found in communication research into the retail store environment. Findings also warn retailers to consider the total effects and consequences of special displays when designing and executing in-store or shopper marketing activity.

Keywords: special displays, mindset, shopping behavior, price consciousness, product categorization, store image

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Authors: Lucia Hrebeňárová, Jarmila Žolnová, Veronika Palková

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Inclusive education of students with special educational needs has been on the increase in the Slovak Republic, facing many challenges. Preparedness of teachers for inclusive education is one of the most frequent issues; teachers lack skills when it comes to the use of effective instruction depending on the individual needs of students, improvement of classroom management and social skills, and support of inclusion within the classroom. Social support is crucial for the school success of students within inclusive settings. The aim of the paper is to analyse perception of the frequency and importance of peer social support by students with special educational needs in inclusive education. The data collection tool used was the Child and Adolescent Social Support Scale (CASSS). The research sample consisted of 953 fourth grade students – 141 students with special educational needs educated in an inclusive setting and 812 students of the standard population. No significant differences were found between the students with special educational needs and the students without special educational needs in an inclusive setting when it comes to the perception of frequency and importance of social support of schoolmates and friends. However, the perception of frequency and importance of a friend’s social support was higher than the perception of frequency and importance of a classmate’s social support in both groups of students.

Keywords: inclusive education, peer social support, peer, student with special eEducational needs

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Authors: Anshu Radha Aggarwal

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As per the Right to Education Act (RTE), 2009, every child in the age group of 6-14 years shall be admitted in a neighborhood school. All the Out of School Children identified have to be enrolled / mainstreamed in to age appropriate class and there-after be provided special training. This paper addresses issues emerging from provisions in the RTE Act that specifically refer to the enrolment of out-of school children into age appropriate classes and the requirement to provide special trainings that will enable this to take place. In the context of RTE Act, the Out-of-School Children are first enrolled in the formal school and then they are provided with Special Training through NRSTCs (Long Term / Short term basis). These centers are functioning in formal school campus itself. This paper specifies the role of special training centers (STC). It presents a re-envisioning of assessment that recognizes two principal functions of assessment, assessment for learning and assessment of learning, instead of the more familiar categories of formative, diagnostic, summative, and evaluative assessment. The use of these two functions of assessment highlights and emphasizes the role of special training centers (STC) to assess their level for giving them appropriate special training and to evaluate their improvement in learning level. Challenge of problem faced by teachers to do diagnostic assessment, including its place in the sequence of assessment procedures appropriate in identifying and addressing individual children’s learning difficulties are solved by special training centers (STC). It is important that assessment is used to identify children with learning difficulties at the earliest possible stage so that appropriate support and intervention can be put in place. So appropriate challenges with tools are presented here for their assessment at entry level and at completion level of primary children by special training centers (STC).

Keywords: right to education, assessment, challenges, out of school children

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Authors: Poonamdeep kaur

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With the increase in number of Non-Resident Indian marriages there is also increase in foreign decree divorces which inevitably causes the problem of recognition and enforcement of foreign judgments in India. The Hindus in India are governed by the Hindu Marriage Act, 1956. According to the said Act the courts in India have jurisdiction to try the matrimonial dispute if the marriage is performed in India or the parties to the marriage have domicile in India irrespective of their nationality status. But, sometimes one of the parties to the marriage whose marriage is solemnized in India obtains divorce in foreign courts and prays for the recognition and enforcement of such divorce in India. In such case section 13 of the Indian Civil Procedure Code, 1908, comes into play for the recognition and enforcement of foreign divorces in India. The section makes a foreign judgment conclusive in India subject to the fulfilment of certain conditions. Even if a foreign decree divorce is given on personal connecting factors of the parties to the matrimonial dispute like domicile, such divorce may still be refused recognition in India by virtue of section 13 of the Indian Civil Procedure Code, 1908. It is a universal truth that municipal law of countries is not the same throughout the world. Comity plays an important role in recognition and enforcing a foreign judgment, but, now in India the principle is not applied mechanically as the divorce matter is dealt strictly with regard to Indian Law. So in this paper there will be deep analysis of Indian case laws relating to recognition and enforcement of foreign divorces and based on this a comparative study will be made with the laws of Canada and England on the same subject to find out whether the Indian law on recognition and Enforcement of foreign judgment are in line with the laws of Canada and England and whether in recent years the Indian courts have evolved some new principles of private international law to deal with limping marriages. At last conclusions will be drawn out from the comparative study and suggestions would be given to make the rules of recognition and enforcement of foreign judgments on divorce more certain.

Keywords: divorce, foreign decree, private international law, recognition and enforcement of foreign judgment

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Authors: Roslina Che Soh

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Best interest of the child has been the prevailing principle of the custody legislations of most nations in the world. The tremendous shift from parental rights to parental responsibilities throughout the centuries had made the principle of best interests of the child as the utmost matter which parents must uphold in child upbringing. Despite the commitment to this principle is significantly enshrined in the United Nation Convention on Rights of the Child, the content and application of the principle differs across borders. Differences persist notwithstanding many countries have experienced a substantial shift over the last several decades in the types of custodial arrangements that are thought to best serve children’s interests. The laws in Malaysia similarly uphold this principle but do not provide further deliberation on the principle itself. The principle is entirely developed by the courts through decided cases. Thus, this paper seeks to discuss the extent of the application of best interest of the child principle in custody disputes. In doing so, it attempts to provide an overview of the current laws and the approach of the Civil and the Shariah courts in Malaysia in applying the principle in determining custody disputes. For purposes of comparison, it briefly examines the legislations and the courts practices in Australia and England on this matter. The purpose is to determine the best standard to be adopted by Malaysia and to propose improvement to the laws whenever appropriate.

Keywords: child custody, best interest, Malaysian law, bioinformatics, biomedicine

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Authors: Birgit Heike Spohn

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Several authors (e.g., Krowatschek & Reid, 2011; Winkler, 1998) pronounce themselves in favor of the use of relaxation techniques in school because those techniques could help children to cope with stress, improve power of concentration, learning, and social behavior as well as class climate. Children with learning disabilities might profit from those techniques in a special way because they contribute to improved learning behavior. There is no study addressing the frequency of the use of relaxation techniques in special schools for children with learning disabilities in German speaking countries. The paper presents a study in which all teachers of special schools for children with learning disabilities in a district of South Germany (n = 625) were questioned about the use of relaxation techniques in school using a standardized questionnaire. Variables addressed were the use of these techniques in the classroom, aspects of their use (kind of relaxation technique, frequency, and regularity of their use), and potential influencing factors. The results are discussed, and implications for further research are drawn.

Keywords: special education, learning disabilities, relaxation training, concentration

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Authors: Maxutova I. O., Bulatbayeva A. A.

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In modern conditions, the competitiveness of the military, a special educational institution in the educational market, is determined by the quality of the provision of educational services and the economic efficiency of activities. Improving the quality of educational services of the military, the special educational institution is an urgent socially and economically significant problem. The article shows a possible system for the formation of the competitiveness of military, the special educational institution through an assessment of the quality of the educational process, the problem of the transition of the military, special educational institution to digital support of indicative monitoring of the quality of services provided is raised. Quality monitoring is presented in the form of a program or information system, the work of which is carried out in a military, the special educational institution through highlighted interrelated elements. A result-oriented model of management and assessment of the quality of work of the military, the special educational institution is proposed. The indicative indicators for assessing the quality of the teaching and methodological activity of the teacher are considered and described. The publication was prepared as part of an applied grant study for 2020-2022 commissioned by the Ministry of Education and Science of the Republic of Kazakhstan on the topic "Development of a comprehensive methodology for assessing the quality of education of graduates of military special educational institutions" IRN 00029/GF-20.

Keywords: quality assessment, indicative indicators, monitoring program, educational and methodological activities, professional activities, result

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Authors: Qingxin Chen, Liben Jiang, Andrew Smith, Karim Hadjri

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Since 2007, the Chinese food industry has undergone serious food contamination in the baby dairy industry, especially milk powder contamination. One of the milk powder products was found to contain melamine and a significant number (294,000) of babies were affected by kidney stones. Due to growing concerns among consumers about food safety and protection, and high pressure from central government, companies must take radical action to ensure food quality protection through the use of an appropriate quality management system. Previously, though researchers have investigated the health and safety aspects of food industries and products, quality issues concerning food products in China have been largely over-looked. Issues associated with baby dairy products and their quality issues have not been discussed in depth. This paper investigates the impact of quality management systems on the Chinese baby dairy product industry. A literature review was carried out to analyse the use of quality management systems within the Chinese milk power market. Moreover, quality concepts, relevant standards, laws, regulations and special issues (such as Melamine, Flavacin M1 contamination) have been analysed in detail. A qualitative research approach is employed, whereby preliminary analysis was conducted by interview, and data analysis based on interview responses from four selected Chinese baby dairy product companies was carried out. Through the analysis of literature review and data findings, it has been revealed that for quality management system that has been designed by many practitioners, many theories, models, conceptualisation, and systems are present. These standards and procedures should be followed in order to provide quality products to consumers, but the implementation is lacking in the Chinese baby dairy industry. Quality management systems have been applied by the selected companies but the implementation still needs improvement. For instance, the companies have to take measures to improve their processes and procedures with relevant standards. The government need to make more interventions and take a greater supervisory role in the production process. In general, this research presents implications for the regulatory bodies, Chinese Government and dairy food companies. There are food safety laws prevalent in China but they have not been widely practiced by companies. Regulatory bodies must take a greater role in ensuring compliance with laws and regulations. The Chinese government must also play a special role in urging companies to implement relevant quality control processes. The baby dairy companies not only have to accept the interventions from the regulatory bodies and government, they also need to ensure that production, storage, distribution and other processes will follow the relevant rules and standards.

Keywords: baby dairy product, food quality, milk powder contamination, quality management system

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Authors: Shahryar Eslamitabar

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Currently, the internet plays an important role in the various scientific, commercial and service practices. Thanks to information and communication technology, the healthcare industry via the internet, generally known as cyber-medicine, can offer professional medical service in a wider geographical area. Having some appealing benefits such as convenience in offering healthcare services, improved accessibility to the services, enhanced information exchange, cost-effectiveness, time-saving, etc. Tele-health has increasingly developed innovative models of healthcare delivery. However, it presents many potential hazards to cyber-patients, inherent in the use of the system. First, there are legal issues associated with the communication and transfer of information on the internet. These include licensure, malpractice, liabilities and jurisdictions as well as privacy, confidentiality and security of personal data as the most important challenge brought about by this system. Additional items of concern are technological and ethical. Although, there are some rules to deal with pitfalls associated with cyber-medicine practices in the USA and some European countries, yet for all developments, it is being practiced in a legal vacuum in many countries. In addition to the domestic legislations to deal with potential problems arisen from the system, it is also imperative that some international or regional agreement should be developed to achieve the harmonization of laws among countries and states. This article discusses some implications posed by the practice of cyber-medicine in the healthcare system according to the experience of some developed countries using a comparative study of laws. It will also review the status of tele-health laws in Iran. Finally, it is intended to pave the way to outline a plan for countries like Iran, with newly-established judicial system for health laws, to develop appropriate regulations through providing some recommendations.

Keywords: tele-health, cyber-medicine, telemedicine, criminal laws, legislations, time-saving

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Authors: Monira Nazmi Jahan, Nusrat Jahan Nishat

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'Child Pornography' is a sex crime that portrays illegal images and videos of a minor over the Internet and now has become a social concern with the increase of commission of this crime. The major objective of this paper is to identify and examine the laws relating to child pornography in Bangladesh and to compare this with other South Asian countries. In Bangladesh to prosecute under child pornography, provisions have been made in ‘Digital Security Act, 2018’ where it has been defined as involving child in areas of child sexuality or in sexuality and whoever commits the crime will be punished for 10 years imprisonment or 10 lac taka fine. In India, the crime is dealt with ‘The Protection of Children from Sexual Offences Act, 2012’ (POSCO) where the offenders for commission of this crime has been divided separately and has provision for punishments starting from three years to rigorous life imprisonment and shall also be liable to fine. In the Maldives, there is ‘Special Provisions Act to Deal with Child Sex Abuse Offenders, Act number 12/2009’. In this act it has been provided that a person is guilty of such an act if intentionally runs child prostitution, involves child in the creation of pornography or displays child’s sexual organ in pornography then shall be punished between 20 to 25 years of imprisonment. Nepal prosecutes this crime through ‘Act Relating to Children, 2018’ and the conviction of using child in prostitution or sexual services is imprisonment up to fifteen years and fine up to one hundred fifty thousand rupees. In Pakistan, child pornography is prosecuted with ‘Pakistan Penal Code Child Abuse Amendment Act, 2016’. This provides that one is guilty of this offence if he involves child with or without consent in such activities. It provides punishment for two to seven years of imprisonment or fine from two hundred thousand to seven hundred thousand rupees. In Bhutan child pornography is not explicitly addressed under the municipal laws. The Penal Code of Bhutan penalizes all kinds of pornography including child pornography under the provisions of computer pornography and the offence shall be a misdemeanor. Child Pornography is also prohibited under the ‘Child Care and Protection Act’. In Sri Lanka, ‘The Penal Code’ de facto criminalizes child prohibition and has a penalty of two to ten years and may also be liable to fine. The most shocking scenario exists in Afghanistan. There is no specific law for the protection of children from pornography, whereas this serious crime is present there. This paper will be conducted through a qualitative research method that is, the primary sources will be laws, and secondary sources will be journal articles and newspapers. The conclusion that can be drawn is except Afghanistan all other South Asian countries have laws for controlling this crime but still have loopholes. India has the most amended provisions. Nepal has no provision for fine, and Bhutan does not mention any specific punishment. Bangladesh compared to these countries, has a good piece of law; however, it also has space to broaden the laws for controlling child pornography.

Keywords: child abuse, child pornography, life imprisonment, penal code, South Asian countries

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Authors: Ammar Younas

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This paper is an attempt to explore the legal progression in procedural laws related to “intellectual property protection for the autonomous output of artificial intelligence” in Post-Colonial, Post-Communist and Socialist Countries. An in-depth study of legal progression in Pakistan (Common Law), Uzbekistan (Post-Soviet Civil Law) and China (Socialist Law) has been conducted. A holistic attempt has been made to explore that how the ideological context of the legal systems can impact, not only on substantive components but on the procedural components of the formal laws related to IP Protection of autonomous output of Artificial Intelligence. Moreover, we have tried to shed a light on the prospective IP laws and AI Policy in the countries, which are planning to incorporate the concept of “Digital Personality” in their legal systems. This paper will also address the question: “How far IP of autonomous output of AI can be protected with the introduction of “Non-Human Legal Personality” in legislation?” By using the examples of China, Pakistan and Uzbekistan, a case has been built to highlight the legal progression in General Provisions of Civil Law, Artificial Intelligence Policy of the country and Intellectual Property laws. We have used a range of multi-disciplinary concepts and examined them on the bases of three criteria: accuracy of legal/philosophical presumption, applying to the real time situations and testing on rational falsification tests. It has been observed that the procedural laws are designed in a way that they can be seen correlating with the ideological contexts of these countries.

Keywords: intellectual property, artificial intelligence, digital personality, legal progression

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Authors: Eunice Tan

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The purpose of this presentation is to look at an alternative to the approach and methodologies of working with a child with special needs. The strength-based approach to education embodies a paradigm shift. It is a strategy to move away from a deficit-based methodology which inadvertently may lead to an extensive list of things that the child cannot do or is unable to do. Today, many parents of individuals with special needs are focused on the individual’s deficits rather than on his or her strengths. Even when parents recognise and identify their child’s savant strengths to be valuable and wish to develop their abilities, they face the challenge that there are insufficient programs committed to supporting the development and improvement of such abilities. What is a strength-based approach in education? A strength-based approach in education focuses on students' positive qualities and contributions to class instead of the skills and abilities they may not have. Many schools are focused on the child’s special educational needs rather than the whole child. Parents interviewed have said that they have to engage external tutors to help hone in on their child’s interests and strengths. The strength-based approach to writing statements encourages educators to find out: • What a child can do • What a child can do when he or she is given educational support • Learning more about children with special needs and their strengths and talents will broaden our understanding of how we can help them with language acquisition, social skills, as well as self-help and independence skills.

Keywords: special needs, strengths, and talents, alternative educational approach, strength based approach

Procedia PDF Downloads 256