Search results for: transitional justice
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 929

Search results for: transitional justice

359 The Role of State Practices and Custom in Outer Space Law

Authors: Biswanath Gupta, Raju Kd

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Space law is the new entry in the basket of international law in the latter half of the 20th Century. In the last hundred and fifty years, courts and scholars developed a consensus that, the custom is an important source of international law. Article 38(1) (b) of the statute of the International Court of Justice recognized international custom as a source of international law. State practices and usages have a greater role to play in formulating customary international law. This paper examines those state practices which can be qualified to become international customary law. Since, 1979 (after Moon Treaty) no hard law have been developed in the area of space exploration. It tries to link between state practices and custom in space exploration and development of customary international law in space activities. The paper uses doctrinal method of legal research for examining the current questions of international law. The paper explores different international legal documents such as General Assembly Resolutions, Treaty principles, working papers of UN, cases relating to customary international law and writing of jurists relating to space law and customary international law. It is argued that, principles such as common heritage of mankind, non-military zone, sovereign equality, nuclear weapon free zone and protection of outer space environment, etc. developed state practices among the international community which can be qualified to become international customary law.

Keywords: customary international law, state practice, space law, treaty

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

Authors: Natalia Kalinowska

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

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

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357 The Effects of European Union’s Bordering Process

Authors: Ebru Dalgakiran

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Border and bordering studies have come to the forefront in recent years especially with parallel to increase in international migratory movements. Although conceptualizations of the border and bordering are quite contested within academia, the general point of view is that borders are politically and socially constructed. It means that borders have always their own ‘us vs. them’, and bordering process produce separate identities as well. In that case, Turkey and Greece are notable examples since these two nation-states constructed their borders upon each other’s for years although the Turkish-Greek border was drawn with the Lausanne Treaty of 1923. Nevertheless, on the other hand, The European Union (EU) has been externalized of border management policies to build a stronger area of freedom, security, and justice within the borders. Thus, Turkish-Greek border has become one of the significant external borders of the EU. In this context, this study aims to understand whether the EU’s bordering process through externalizing border management policies can affect Turkey’s and Greece’s bordering processes. By examining official documents of the EU and conducting in-depth interviews with local actors of the border management policies of the EU in Edirne, where is the border city of Turkey with Greece, this study’s main finding is that the EU’s bordering process to control migration at the external borders affects Turkey’s and Greece’s bordering processes. It seems that Turkey and Greece construct their borders upon a common Other, ‘irregular migrants’ now.

Keywords: border, bordering, the European Union, externalization

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356 A Qualitative Analysis on Historicizing Nationalist Discourse of the Origins of the Communities of Sri Lanka among the Contemporary Sinhalese

Authors: Jeyaseelan Gnanaseelan

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In the post-war reconciliation context, the Sri Lankans need to develop constructive discourse on political harmony, cohesion, and co-habitation to make a positive impact on legislative changes towards post-conflict reconciliation, sustainable peace, and justice. Ideological discourse constitutes power in constructing ideational, textual and interpersonal constructs for legitimizing power in society. This paper qualitatively analyses the exemplified discourse extracts of some prominent contemporary Sinhalese, which represent majoritarianism and ethno-nationalism regarding the origins of the Sinhala and Tamil communities and the consequent status availed to their existence in Sri Lanka. The study focuses, with the historiographical evidence, on whether such discourse has been a part of the problem or a part of the solution to the protracted, historically constructed Sri Lankan conflict. It finds out the continuation of such persistent and reiterated linguistically embedded ethno-centric ideological and attitudinal positions even now, which need to be addressed. This paper recommends awareness creation among the public about the true, scientifically derived historical information on the origins, evolution and inter-community co-existence and conflict of the two communities so that a durable solution can be reached in the long run.

Keywords: conflict, discourse, ethno-nationalism, ideology, legitimization, Sinhalese, Tamil

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355 The Geometrical Cosmology: The Projective Cast of the Collective Subjectivity of the Chinese Traditional Architectural Drawings

Authors: Lina Sun

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Chinese traditional drawings related to buildings and construction apply a unique geometry differentiating with western Euclidean geometry and embrace a collection of special terminologies, under the category of tu (the Chinese character for drawing). This paper will on one side etymologically analysis the terminologies of Chinese traditional architectural drawing, and on the other side geometrically deconstruct the composition of tu and locate the visual narrative language of tu in the pictorial tradition. The geometrical analysis will center on selected series of Yang-shi-lei tu of the construction of emperors’ mausoleums in Qing Dynasty (1636-1912), and will also draw out the earlier architectural drawings and the architectural paintings such as the jiehua, and paintings on religious frescoes and tomb frescoes as the comparison. By doing these, this research will reveal that both the terminologies corresponding to different geometrical forms respectively indicate associations between architectural drawing and the philosophy of Chinese cosmology, and the arrangement of the geometrical forms in the visual picture plane facilitates expressions of the concepts of space and position in the geometrical cosmology. These associations and expressions are the collective intentions of architectural drawing evolving in the thousands of years’ tradition without breakage and irrelevant to the individual authorship. Moreover, the architectural tu itself as an entity, not only functions as the representation of the buildings but also express intentions and strengthen them by using the Chinese unique geometrical language flexibly and intentionally. These collective cosmological spatial intentions and the corresponding geometrical words and languages reveal that the Chinese traditional architectural drawing functions as a unique architectural site with subjectivity which exists parallel with buildings and express intentions and meanings by itself. The methodology and the findings of this research will, therefore, challenge the previous researches which treat architectural drawings just as the representation of buildings and understand the drawings more than just using them as the evidence to reconstruct the information of buildings. Furthermore, this research will situate architectural drawing in between the researches of Chinese technological tu and artistic painting, bridging the two academic areas which usually treated the partial features of architectural drawing separately. Beyond this research, the collective subjectivity of the Chinese traditional drawings will facilitate the revealing of the transitional experience from traditions to drawing modernity, where the individual subjective identities and intentions of architects arise. This research will root for the understanding both the ambivalence and affinity of the drawing modernity encountering the traditions.

Keywords: Chinese traditional architectural drawing (tu), etymology of tu, collective subjectivity of tu, geometrical cosmology in tu, geometry and composition of tu, Yang-shi-lei tu

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354 Exploring Equity and Inclusion in the Context of Distance Education Using a Social Location Perspective

Authors: Boadi Agyekum

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In this study, a social location perspective is used to explore the challenges of creating opportunities that will foster lifelong education, inclusion, and equity for residents of rural communities in Ghana. The differentiated experiences of rural adults are under-researched and often unacknowledged in lifelong education literature and distance education policy. There is a need to examine carefully the structural inequalities that create disadvantages for residents of rural communities and women in pursuing distance education in designated cities in Ghana. The paper uses in-depth interviews to explore participants’ experiences of learning at a distance and to scrutinise the narratives of lifelong education. The paper reflects on the implications of the framework employed for educators and social justice in lifelong education. It further recommends the need to provide IT laboratories and fully online programs that would require stable and regular internet and access to ICT equipment for potential learning in rural communities. The social location approach presented a number of axes of diversity as comparatively more important than others; these included gender, age, education, work commitment, geography, and degree of social connectedness. This can inform lifelong education policy and programs to sustain quality education.

Keywords: equity, distance education, lifelong learning, social location, intersectionality, rural communities

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353 Ethical Leadership: A Theological and Ethical Alternative to the Culture of Greed in South African Government

Authors: Mookgo Solomon Kgatle

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Introductory Statement: The effect of corruption in South Africa has seriously constrained development of the national economy and has significantly inhibited good governance in the country. The significance of this paper is a demonstration that Corruption in a South African government is greatly influenced by the culture of greed by leaders in government. Many leaders in government are not satisfied with what they receive on monthly basis in the form of salaries and allowances. Thus, the quest to accumulate, as many material possessions by cabinet ministers and public servants is what is crippling the annual budget and disadvantaging the poor masses of our people including women, children and the elderly. Basic Methodology: In order to deal with this dilemma, this paper proposes ethical leadership as a theological and ethical alternative and antidote to the culture of greed in government. Research Findings: Ethical leadership is proposed because unlike the culture of greed, it is a leadership that is based on respect for ethical principles and standards and for the dignity and privileges of others. Ethical leadership is synonymous with principles like trust, morality, consideration, equality, and justice. Conclusion: The conclusion is that ethical leadership is one of the solutions that can assist the South African government to deal with the root causes of corruption, that is, the culture of greed.

Keywords: ethical leadership, theological ethics, culture of greed, corruption, governance

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352 The Turkish Anti-Nuclear Platform: A Counter-Hegemonic Struggle

Authors: Sevgi Balkan-Sahin

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The Justice and Development Party (AKP) government has included nuclear power as a major component of Turkey’s new energy strategy by promoting it as the only alternative for Turkey to diversify energy resources, trigger economic growth, and boost competitiveness of the country. The effective promotion of such a framing has created a hegemonic discourse around nuclear energy in Turkey. However, fiercely opposing the nuclear initiative of the government, the Turkish anti-nuclear platform (ANP) composed of more than 50 civil society groups has challenged the hegemonic discourse of the AKP government by presenting nuclear energy as dangerous for human health, human rights, and the protection of environment. Based on an engagement between Gramscian perspective and Laclau and Mouffe’s discourse theory, this paper considers the discourses of the Turkish anti-nuclear platform and its associated activities as a counter-hegemonic strategy to change the ‘common sense’ on nuclear energy in Turkey. Analyzing the data from interviews with the representatives of the anti-nuclear platform coupled with primary sources, such as Parliamentary Records and official statements by civil society organizations, the paper highlights how the anti-nuclear platform exercises power through counter-hegemonic discourses in terms of the delegitimization of nuclear energy in Turkey.

Keywords: counter-hegemony, discourse, nuclear energy, Turkey

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351 Human Rights Violation in Modern Society

Authors: Shenouda Salib Hosni Rofail

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The interface between development and human rights has long been the subject of scholarly debate. As a result, a set of principles ranging from the right to development to a human rights-based approach to development has been adopted to understand the dynamics between the two concepts. Despite these attempts, the exact link between development and human rights is not yet fully understood. However, the inevitable interdependence between the two concepts and the idea that development efforts must be made while respecting human rights have gained prominence in recent years. On the other hand, the emergence of sustainable development as a widely accepted approach to development goals and policies further complicates this unresolved convergence. The place of sustainable development in the human rights discourse and its role in ensuring the sustainability of development programs require systematic research. The aim of this article is, therefore, to examine the relationship between development and human rights, with a particular focus on the place of the principles of sustainable development in international human rights law. It will continue to examine whether it recognizes the right to sustainable development. Thus, the Article states that the principles of sustainable development are recognized directly or implicitly in various human rights instruments, which is an affirmative answer to the question posed above. Accordingly, this document scrutinizes international and regional human rights instruments, as well as the case law and interpretations of human rights bodies, to support this hypothesis.

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.

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350 Contextualizing the Translation and Reconstruction of “Zhengqueyiliguan” in Promoting China-Africa Diplomatic Discourse

Authors: Queen Modestus

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China’s diplomatic discourse is a complicated system underpinned by divergent translations. As such, the concept of “Zhengque Yi Li Guan” (or zhèngquè Yì Lì Guān in Pinyin), like numerous other Chinese concepts, is not well appreciated due, mainly, to the dearth of a uniform official translation and poor interpretation. So, the paper seeks to draw awareness to this vital issue that has been neglected in the China-Africa diplomatic discourse. As a way of filling this gap in the literature, the author argues that literal translation is not enough in diplomatic discourse. To identify the English equivalent of “Zhenque,” “Yi,” “Li,” and “Guan,” searches of Chinese classical works were carried out. Based on the scope of this paper, emphasis will be placed on “Yi” because it plays a critical role in the “zhèngquèyìlìguān” concept and has been the term with the most controversial interpretation. From a diplomatic-linguistic standpoint coupled with the help of the Critical Discourse Analysis (CDA) developed by Norman Fairclough and Teun A. van Dijk as this paper’s theoretical framework, this paper seeks to address the above issue by exploring the philosophical translations and interpretations of ZqYLG in China-Africa diplomatic discourse, with emphasis place on the discourse reconstruction of “Yi.” As a way of reconstructing “Yi” to fit the present reality of China-Africa diplomatic discourse, the author argues that “justice” (meaning impartiality) is a better translation for “Yi.”

Keywords: Africa, diplomatic discourse, reconstruction, translation, 正确义利观, interests

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349 Agricultural Mechanization for Transformation

Authors: Lawrence Gumbe

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Kenya Vision 2030 is the country's programme for transformation covering the period 2008 to 2030. Its objective is to help transform Kenya into a newly industrializing, middle-income, exceeding US$10000, country providing a high quality of life to all its citizens by 2030, in a clean and secure environment. Increased agricultural and production and productivity is crucial for the realization of Vision 2030. Mechanization of agriculture in order to achieve greater yields is the only way to achieve these objectives. There are contending groups and views on the strategy for agricultural mechanization. The first group are those who oppose the widespread adoption of advanced technologies (mostly internal combustion engines and tractors) in agricultural mechanization as entirely inappropriate in most situations in developing countries. This group argues that mechanically powered -agricultural mechanization often leads to displacement of labour and hence increased unemployment, and this results in a host of other socio-economic problems, amongst them, rural-urban migration, inequitable distribution of wealth and in many cases an increase in absolute poverty, balance of payments due to the need to import machinery, fuel and sometimes technical assistance to manage them. The second group comprises of those who view the use of the improved hand tools and animal powered technology as transitional step between the most rudimentary step in technological development (characterized by entire reliance on human muscle power) and the advanced technologies (characterized 'by reliance on tractors and other machinery). The third group comprises those who regard these intermediate technologies (ie. improved hand tools and draught animal technology in agriculture) as a ‘delaying’ tactic and they advocate the use of mechanical technologies as-the most appropriate. This group argues that alternatives to the mechanical technologies do not just exist as a practical matter, or, if they are available, they are inefficient and they cannot be compared to the mechanical technologies in terms of economics and productivity. The fourth group advocates a compromise between groups two and third above. This group views the improved hand tools and draught animal technology as more of an 18th century technology and the modem tractor and combine harvester as too advanced for developing countries. This group has been busy designing an ‘intermediate’, ‘appropriate’, ‘mini’, ‘micro’ tractor for use by farmers in developing countries. This paper analyses and concludes on the different agricultural mechanization strategies available to Kenya and other third world countries

Keywords: agriculture, mechanazation, transformation, industrialization

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348 Logistical Optimization of Nuclear Waste Flows during Decommissioning

Authors: G. Dottavio, M. F. Andrade, F. Renard, V. Cheutet, A.-L. Ladier, S. Vercraene, P. Hoang, S. Briet, R. Dachicourt, Y. Baizet

Abstract:

An important number of technological equipment and high-skilled workers over long periods of time have to be mobilized during nuclear decommissioning processes. The related operations generate complex flows of waste and high inventory levels, associated to information flows of heterogeneous types. Taking into account that more than 10 decommissioning operations are on-going in France and about 50 are expected toward 2025: A big challenge is addressed today. The management of decommissioning and dismantling of nuclear installations represents an important part of the nuclear-based energy lifecycle, since it has an environmental impact as well as an important influence on the electricity cost and therefore the price for end-users. Bringing new technologies and new solutions into decommissioning methodologies is thus mandatory to improve the quality, cost and delay efficiency of these operations. The purpose of our project is to improve decommissioning management efficiency by developing a decision-support framework dedicated to plan nuclear facility decommissioning operations and to optimize waste evacuation by means of a logistic approach. The target is to create an easy-to-handle tool capable of i) predicting waste flows and proposing the best decommissioning logistics scenario and ii) managing information during all the steps of the process and following the progress: planning, resources, delays, authorizations, saturation zones, waste volume, etc. In this article we present our results from waste nuclear flows simulation during decommissioning process, including discrete-event simulation supported by FLEXSIM 3-D software. This approach was successfully tested and our works confirms its ability to improve this type of industrial process by identifying the critical points of the chain and optimizing it by identifying improvement actions. This type of simulation, executed before the start of the process operations on the basis of a first conception, allow ‘what-if’ process evaluation and help to ensure quality of the process in an uncertain context. The simulation of nuclear waste flows before evacuation from the site will help reducing the cost and duration of the decommissioning process by optimizing the planning and the use of resources, transitional storage and expensive radioactive waste containers. Additional benefits are expected for the governance system of the waste evacuation since it will enable a shared responsibility of the waste flows.

Keywords: nuclear decommissioning, logistical optimization, decision-support framework, waste management

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347 From CBGB to F21: The Ramone's Band T-Shirt and Its Representations in the Mainstream Culture

Authors: Cláudia Pereira, Lívia Boeschenstein

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This article aims to present an analysis of rock band t-shirts as an element that claims a certain identity in modern-contemporary culture. This work focuses on the study of t-shirts that display the name, related elements and the logo of punk band The Ramones, because of its strong presence in the collective mind along the last decades. As we shall see, it is possible to observe a phenomenon of symbolic transition from the original cultural place of that object. At first, it was a piece of cloth that had been part of a specific subculture and then it became just a generic item diluted by the mainstream. This symbolic transitional phenomenon is significant in many ways and will be discussed furthermore. For the analysis, we begin with a brief introduction to the history of the band, followed by the study about the vintage rock band T-shirts and their meanings. From there, we will turn to a historical contextualization of band T-shirts as a subcultural item and to its redefinition after the appropriation made by the mainstream. To guide this reasoning, it will be used theories about the styles, subcultures and youth culture and about material culture from an anthropological perspective. In addition, we shall see the theories and concepts of social representations in order to understand the ways of using the Ramones’s T-shirt as a representative element of a fashionable style. This T-shirt, after being resignified by the standardization and the massive consumption, no longer symbolizes the punk movement, its behavioral motivations and original policies. Also has little to do with the rage the working class suburbs of London or New York. It seems to be a mute and vague sign of a restricted rebellion, foreseen and framed establishing a stylistic contrast to the designer clothes and good behavior predicted by establishment. It's an item that composes a specific style available on the market, but at the same time is accepted by the mainstream and provides a subcultural association that has some prestige in society. Another perspective is that of resignification loop. As the same way that punk resignified the conventional goods for their own social standards, fashion resignifies what was said to be an object of a subculture and absorbs in their own mass culture standards. Therefore, outsiders to the punk phenomenon wearing Ramones’s T-shirts can be perceived negatively by subcultural members, but at the same time are well received by those who are partially unaware or completely out of subcultural context. For the general public, the stamp of the Ramones’s logo happens to be appreciated as a diffuse allusion to a punk style, since its original meaning has being entirely neutralized.

Keywords: social representations, subcultures, material culture, punk

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346 Wellbeing Effects from Family Literacy Education: An Ecological Study

Authors: Jane Furness, Neville Robertson, Judy Hunter, Darrin Hodgetts, Linda Nikora

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Background and significance: This paper describes the first use of community psychology theories to investigate family-focused literacy education programmes, enabling a wide range of wellbeing effects of such programmes to be identified for the first time. Evaluations of family literacy programmes usually focus on the economic advantage of gains in literacy skills. By identifying other effects on aspects of participants’ lives that are important to them, and how they occur, understanding of how such programmes contribute to wellbeing and social justice is augmented. Drawn from community psychology, an ecological systems-based, culturally adaptive framework for personal, relational and collective wellbeing illuminated outcomes of family literacy programmes that enhanced wellbeing and quality of life for adult participants, their families and their communities. All programmes, irrespective of their institutional location, could be similarly scrutinized. Methodology: The study traced the experiences of nineteen adult participants in four family-focused literacy programmes located in geographically and culturally different communities throughout New Zealand. A critical social constructionist paradigm framed this interpretive study. Participants were mainly Māori, Pacific islands, or European New Zealanders. Seventy-nine repeated conversational interviews were conducted over 18 months with the adult participants, programme staff and people who knew the participants well. Twelve participant observations of programme sessions were conducted, and programme documentation was reviewed. Latent theoretical thematic analysis of data drew on broad perspectives of literacy and ecological systems theory, network theory and holistic, integrative theories of wellbeing. Steps taken to co-construct meaning with participants included the repeated conversational interviews and participant checking of interview transcripts and section drafts. The researcher (this paper’s first author) followed methodological guidelines developed by indigenous peoples for non-indigenous researchers. Findings: The study found that the four family literacy programmes, differing in structure, content, aims and foci, nevertheless shared common principles and practices that reflected programme staff’s overarching concern for people’s wellbeing along with their desire to enhance literacy abilities. A human rights and strengths-based based view of people based on respect for diverse culturally based values and practices were evident in staff expression of their values and beliefs and in their practices. This enacted stance influenced the outcomes of programme participation for the adult participants, their families and their communities. Alongside the literacy and learning gains identified, participants experienced positive social and relational events and changes, affirmation and strengthening of their culturally based values, and affirmation and building of positive identity. Systemically, interconnectedness of programme effects with participants’ personal histories and circumstances; the flow on of effects to other aspects of people’s lives and to their families and communities; and the personalised character of the pathways people journeyed towards enhanced wellbeing were identified. Concluding statement: This paper demonstrates the critical contribution of community psychology to a fuller understanding of family-focused educational programme outcomes than has been previously attainable, the meaning of these broader outcomes to people in their lives, and their role in wellbeing and social justice.

Keywords: community psychology, ecological theory, family literacy education, flow on effects, holistic wellbeing

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345 Kanga Traditional Costume as a Tool for Community Empowerment in Tanzania in Ubuntu perspective - A Literature Review

Authors: Meinrad Haule Lembuka

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Introduction: Ubuntu culture represents African humanism with collective and positive feeling of people living together, interdependence, equally and peaceful etc. Overtime, Ubuntu culture developed varieties of communicative strategies to express experiences, feelings and knowledge. Khanga or kanga (garment) is among the Ubuntu cultural practice of Bantu speaking people along the East African coast following interaction with Arabs and Bantu speaking people to formulate Swahili culture. Kanga or Kanga is a Swahili word which means a traditional soft cotton cloths in varieties of colours, patterns, and styles which as a deep cultural, historical, and social significance not only in Tanzania but the rest of East African coast. Swahili culture is a sub culture of Ubuntu African culture which is rich in customs and rituals that serve to preserve goodness and life where Tanzania, like the rest of East African societies along the Indian coast engaged in kanga dressing custom under Swahili culture to express their feelings and knowledge sharing. After the independence of Tanzania (formerly Tanganyika) from British colonial rule, Kanga traditional dressing gained momentum in Swahili culture and spread to the rest of East Africa and beyond. To date kanga dressing holds a good position as a formal and informal tool for advocating marginalised groups, counselling, psychosocial therapy, liberation, compassion, love, justice, campaign, and cerebration etc. Methodology: A literature review method was guided by Ubuntu theory to assess the implications of kanga traditional dressing in empowering Tanzanian community. Findings: During slavery, slaves wore Kaniki and people despised Kaniki dressing due to its association with slavery. Ex-slave women seeking to become part of the Swahili society began to decorate their Kaniki clothes. After slavery was abolished in 1897, Kangas began to be used for self-empowerment and to indicate that the wearer had personal wealth. During colonial era, freedom of expressions for Africans were restricted by colonial masters thus Tanzanians used kanga to express the evils of colonialism and other social problems, Under Ubuntu value of unity and solidarity liberation and independence fighters crafted motto and liberation messages that were shared and spread rapidly in the community. Political parities like TANU used kanga to spread nationalism and Ujamaa policy. kanga is more than a piece of fabric-it is a space for women to voice unspeakable communication and a women-centred repository for indigenous knowledge, feminisms addressing social ills, happiness, campaigns, memories and reconciliation etc. Kanga provides an indirect voice and support vulnerable and marginalised populations and strongly it has proved to be a peaceful platform of capture attention of government and societies. Kanga textiles gained increased international fame when an Obama kanga design was produced upon the president’s election in 2008 and his visit to Tanzania in 2013. Conclusion: Kanga preserves and symbolises Swahili culture and contributes in realization of social justice, inclusion, national identity and unity. As an inclusive cultural tool, Kanga spread across Africa to international community and the practice has moved from being a woman domination dressing code to other sex orientations.

Keywords: African culture, Kanga, khanga, swahili culture, ubuntu

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344 An Empirical Study on Employees’ Theft Behavior in Insurance Industry

Authors: B. Khorsandi Talab, M. Kordi

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It is highly deplorable that every year, theft behavior among employees of the insurance industry is growing throughout the world. A very significant source of contraction (despite many costly technological and widespread security measures) needs to be addressed and prevented. Employee and agent theft cannot be ignored as it causes significant losses to employers. This study investigates the workplace factors that affect the insurance employee and agent theft behavior. Although identifying theft is difficult, this study will help employers to further understand employees’ theft behavior. This study was conducted in two service small and medium organizations (two branches of insurance companies) in ALBORZ’s capital city, KARAJ. Data has been collected via questionnaire from 30 employees and agents consisting employees and supervisors of branches and agencies. According to the results, it must be acknowledged that compensation, organizational justice, internal control systems, penalties and personal characteristics were associated with employees' theft behavior, it is despite the fact that, no effect could be assumed for organizational ethics and requirement in this case. Nevertheless, poor financial status cannot be considered as the driving factor in pushing employees to steal property as well as increasing their theft behavior. As mentioned earlier, the purpose of this study was to determine the factors contributing to employees’ theft (insurance employees and agencies) behavior in insurance organizations in Karaj.

Keywords: service theft, employee theft behavior, work theft, insurance agency, SMEs

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343 Study on the Characteristics of Victims and Victimizers of Intimate Partner Violence in Spain and Its Impact on Criminal Intervention

Authors: María José Benitez Jimenez

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This research is based on the hypothesis that, despite being found that the problem of violence against the female partner occurs in all social classes, the criminal intervention falls, above all, on victims and aggressors with sociodemographic characteristics of the most excluded social groups. The methodology used in this study has been a collection of information through Spanish official statistics from 2004 to 2016: population, police, judicial and penitentiary data from Ministry of Interior, Ministry of Justice and statistics National Institute. The data provided show that women victims and aggressors who come into contact with criminal intervention bodies for filing a complaint or having been reported, respectively, show a very high percentage, usually well above 50%, only primary studies or even that. Their employment situation is also precarious, in a percentage that could also be around 70%. The percentage distribution of these two variables is clearly above that which occurs in the whole of the Spanish population, in a particularly marked way as regards the employment situation. Immigrants triple, as victims or as aggressors of gender violence, the percentages of the Spanish population in terms of their contact with the organs of criminal intervention. Also the rate of foreign inmates in prisons for violence against the female couple doubles that of Spanish inmates.

Keywords: inmigrants, intimate partner violence, Spain, sociodemographic characteristics

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342 Human-Computer Interaction Pluriversal Framework for Ancestral Medicine App in Bogota: Asset-Based Design Case Study

Authors: Laura Niño Cáceres, Daisy Yoo, Caroline Hummels

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COVID-19 accelerated digital healthcare technology usage in many countries, such as Colombia, whose digital healthcare vision and projects are proof of this. However, with a significant cultural indigenous and Afro-Colombian heritage, only some parts of the country are willing to follow the proposed digital Western approach to health. Our paper presents the national healthcare system’s digital narrative, which we contrast with the micro-narrative of an Afro-Colombian ethnomedicine unit in Bogota called Kilombo Yumma. This ethnomedical unit is building its mobile app to safeguard and represent its ancestral medicine practices in local and national healthcare information systems. Kilombo Yumma is keen on promoting their beliefs and practices, which have been passed on through oral traditions and currently exist in the hands of a few older women. We unraveled their ambition, core beliefs, and practices through asset-based design. These assets outlined pluriversal and decolonizing forms of digital healthcare to increase social justice and connect Western and ancestral medicine digital opportunities through HCI.

Keywords: asset-based design, mobile app, decolonizing HCI, Afro-Colombian ancestral medicine

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341 Saving Lives: Alternative Approaches to Reducing Gun Violence

Authors: Angie M. Wolf, DeVone Boggan

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This paper highlights an innovative and nontraditional violence prevention program that is making a noticeable impact in what was once one of the country’s most violent communities. With unique and tailored strategies, the Operation Peacemaker Fellowship, established in Richmond, California, combines components of evidence-based practices with a community-oriented focus on relationships and mentoring to fill a gap in services and increase community safety. In an effort to highlight these unique strategies and provide a blueprint for other communities with violent crime problems, the authors of this paper hope to clearly delineate how one community is moving forward with vanguard approaches to invest in the lives of young men who once were labeled the communities’ most violent, even the most deadly, youth. The impact of this program is evidenced through the fellows’ own voices as they illuminate the experience of being in the Fellowship. In interviews, fellows’ describe how participating in this program has transformed their lives, and the lives of those they love. The authors of this article spent more than two years researching this Fellowship program in order to conduct an evaluation of it and, ultimately, to demonstrate how this program is a testament to the power of relationship and love combined with evidence-based practices, consequently enriching the lives of youth and the community that embraces them.

Keywords: gun violence prevention, high risk youth, law, policing justice

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340 Design and Implementation of Generative Models for Odor Classification Using Electronic Nose

Authors: Kumar Shashvat, Amol P. Bhondekar

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In the midst of the five senses, odor is the most reminiscent and least understood. Odor testing has been mysterious and odor data fabled to most practitioners. The delinquent of recognition and classification of odor is important to achieve. The facility to smell and predict whether the artifact is of further use or it has become undesirable for consumption; the imitation of this problem hooked on a model is of consideration. The general industrial standard for this classification is color based anyhow; odor can be improved classifier than color based classification and if incorporated in machine will be awfully constructive. For cataloging of odor for peas, trees and cashews various discriminative approaches have been used Discriminative approaches offer good prognostic performance and have been widely used in many applications but are incapable to make effectual use of the unlabeled information. In such scenarios, generative approaches have better applicability, as they are able to knob glitches, such as in set-ups where variability in the series of possible input vectors is enormous. Generative models are integrated in machine learning for either modeling data directly or as a transitional step to form an indeterminate probability density function. The algorithms or models Linear Discriminant Analysis and Naive Bayes Classifier have been used for classification of the odor of cashews. Linear Discriminant Analysis is a method used in data classification, pattern recognition, and machine learning to discover a linear combination of features that typifies or divides two or more classes of objects or procedures. The Naive Bayes algorithm is a classification approach base on Bayes rule and a set of qualified independence theory. Naive Bayes classifiers are highly scalable, requiring a number of restraints linear in the number of variables (features/predictors) in a learning predicament. The main recompenses of using the generative models are generally a Generative Models make stronger assumptions about the data, specifically, about the distribution of predictors given the response variables. The Electronic instrument which is used for artificial odor sensing and classification is an electronic nose. This device is designed to imitate the anthropological sense of odor by providing an analysis of individual chemicals or chemical mixtures. The experimental results have been evaluated in the form of the performance measures i.e. are accuracy, precision and recall. The investigational results have proven that the overall performance of the Linear Discriminant Analysis was better in assessment to the Naive Bayes Classifier on cashew dataset.

Keywords: odor classification, generative models, naive bayes, linear discriminant analysis

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339 The Role of Food System in Promoting Environmental Planning

Authors: Rayeheh Khatami, Toktam Hanaei, Mohammad Reza Mansouri Daneshvar

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Today, many local and national governments are developing urban agriculture as an effective tool in responding to challenges such as food security, poverty and environmental problems. In fact, urban agriculture plays an important role in food system, which can provide citizens' income and become one of the components of economic, social and environmental systems. The purpose of this paper is to analyze the urban agriculture and urban food systems in order to understand the impact of urban foods production on environmental planning in non-western city region context. To achieve such objective, we carry out a case study in Mashhad city of Iran by using qualitative approaches. A survey on documentary studies and planning tools integrate with face to face interview with experts which explain the role of food system in environmental planning process. The paper extends the use of food in the environmental planning, specifically to examine this role to create agricultural garden as a mean to improve agricultural system in non-western country. The paper is concluded with a set of recommendations for researchers and policymakers who seek to create spaces in order to implement urban agriculture in cities for food justice.

Keywords: urban agriculture , agricultural park, city region food system, Mashhad

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338 The #MeToo Movement in Japan: An Assessment of Long-Term Significance

Authors: Robert O'Mochain

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Over seven years have passed since the #MeToo movement first became prominent in Japan. Opinions vary on the degree of success of the movement along with its offshoot campaigns. This chapter suggests that a range of historical factors help to account for the relative lack of success of #MeToo in Japan, but that the gains achieved should also be highlighted. Our interviews with a range of activists provide insights into the nature of #MeToo in Japan and how it should be contextualized in the contemporary landscape of feminist movements here. In spite of the gains that have been made, it remains clear that levels of abuse and of non-reporting remain worryingly high and calls for well-resourced campaigns for ‘Awareness, Prevention, and Response’ are as timely as ever. Surprisingly, a case of sexual abuse involving boys and young men who were the victims of the sexual predator and entertainment mogul, Johnny Kitagawa, may be the clearest sign of change in Japanese society regarding victims of sexual abuse. In the post-#MeToo era, it was possible for these victims to come forward and attain some measure of justice. It was also possible for members of the public to strongly condemn the failures of the mass media journalists who ignored the evidence of sexual abuse for many years. Nevertheless, the case itself does not constitute reliable evidence that conditions have changed significantly for all victims of abuse or that media outlets will live up to their promises about reporting abuse.

Keywords: #MeToo, significance, Japan, prevention, response

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337 Defying the Walls of Autocracy: The Role of the Catholic Church in the Resistance against Dictatorships in South Korea and the Philippines during the Early 1960s and Late 1980s

Authors: Marvin R. Tenecio

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The analysis of "religious resistance" has been prevalent in Asian and Philippine studies. Discussions on religious resistance from a variety of perspectives are deemed as crucial turning points in the concept's ongoing development and expansion. By broadening the backdrop of religious protest between the early 1960s and the late 1980s, the researchers contend that a study examining the role carried by the Catholic Church in the upheavals against dictatorships in South Korea and the Philippines would be beneficial to the body of knowledge. This study examines a variety of historical writings about the activities occurring at that time. The researchers also compare and contrast the Catholic Church's contributions to the Korean and Philippine resistance against Park Chung-Hee and Ferdinand Marcos Sr., respectively, during the early 1960s until the late 1980s, using the lens of history from below, particularly the Pasyon and Revolution. The Catholic Church stood out against human rights abuses, promoted social justice, and mobilized the public for political reform in response to the dictatorships in South Korea and the Philippines. Even though the specific circumstances and personalities may have changed, the Church's position in both countries was vital in opposing authoritarian governments and supporting democratic movements.

Keywords: resistance, movements, catholic, church, dictatorship

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336 Development of Special Education in Moldova: Paradoxes of Inclusion

Authors: Liya Kalinnikova Magnusson

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The present and ongoing research investigation are focusing on special educational origins in Moldova for children with disabilities and its development towards inclusion. The research is coordinated with related research on inclusion in Ukraine and other countries. The research interest in these issues in Moldova is caused by several reasons. The first one is based upon one of the intensive processes of deconstruction of special education institutions in Moldova since 1989. A large number of children with disabilities have been dropping out of these institutions: from 11400 students in 1989 to 5800 students in 1996, corresponding to 1% of all school-age Moldovan learners. Despite the fact that a huge number of students was integrated into regular schools and the dynamics of this data across the country was uneven (the opposite, the dynamics of exclusion was raised in Trans-Dniester on the border of Moldova), the volume of the change was evident and traditional special educational provision was under stable decline. The second reason is tied to transitional challenges, which Moldova met under the force to economic liberalisation that led the country to poverty. Deinstitutionalization of the entire state system took place in the situation of economic polarization of the society. The level of social benefits was dramatically diminished, increasing inequality. The most vulnerable from the comprehensive income consideration were families with many children, children with disabilities, children with health problems, etc.: each third child belonged to the poorest population. In 2000-2001: 87,4% of all families with children had incomes below the minimum wage. The research question raised based upon these considerations has been addressed to the investigation of particular patterns of the origins of special education and its development towards inclusion in Moldova from 1980 until the present date: what is the pattern of special education origins and what are particular arrangements of special education development towards inclusion against inequality? This is a qualitative study, with relevant peer review resources connected to the research question and national documents of educational reforms towards inclusion retrospectively and contemporary, analysed by a content analysis approach. This study utilises long term statistics completed by the respective international agencies as a result of regular monitoring of the implementation of educational reforms. The main findings were composed in three big themes: adoption of the Soviet pattern of special education, ‘endemic stress’ of breaking the pattern, and ‘paradoxes of resolution’.

Keywords: special education, statistics, educational reforms, inclusion, children with disabilities, content analysis

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335 International Criminal Prosecution and Core International Crimes

Authors: Ikediobi Lottanna Samuel

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Days are gone when perpetrators of core international crimes hide under the cloak of sovereignty to go with impunity. The principle of international criminal responsibility is a reality. This move to end impunity for violation of human rights has led to the creation of international and hybrid tribunals, a permanent international criminal court, and increased prosecution of human rights violations in domestic courts. This article examines the attempts by the international community to bring perpetrators of heinous crimes to book. The work reveals the inadequacy of the current international mechanism for prosecuting core international crimes in order to end the culture of impunity and entrench the culture of accountability. It also identifies that ad hoc international criminal tribunals and the international criminal court face similar challenges ranging from lack of cooperation by nation states, non-existence of hierarchy of crimes, lack of effective enforcement mechanism, limited prosecutorial capacity and agenda, difficulty in apprehending suspects, difficulty in blending different legal tradition, absence of a coherent sentencing guideline, distant location of courts, selective indictment, etc. These challenges adversely affect the functioning of these courts. It is suggested that a more helpful way to end impunity would be to have a more robust and synergistic relationship between national, regional, and international approaches to prosecuting core international crimes.

Keywords: prosecution, criminal, international, tribunal, justice, ad hoc

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334 Victim and Active Subject of the Crime of Violence in Family Reflected in the Criminal Code of the Republic of Moldova

Authors: Nastas Andrei

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Ensuring accessible and functional justice is one of the priority objectives of judicial reform, and protecting the family against any acts that may harm its existence is one of the first priorities that have determined the need to defend the social order. In this context, the correlative approach of the victim and the aggressor becomes relevant as a subject of the crime of domestic violence. Domestic violence is a threat of physical, moral, or material harm, externalized now or in the past, or its provocation, which is characterized by a constant tendency to escalate and a high probability of repetitiveness in the relationship between the social partners, regardless of their legal status or domicile.Studying the legal support to identify the particularities of the victim and the subject of the crime of domestic violence facilitates the identification of the determinants of this crime, therefore, the development of means to prevent domestic violence. The scientific research has been effectuated on the base of the proper and authentic empirical data obtained from the analysis of the judicial practice in the matter of domestic violence, as well as being based on the most recent scientific issues in the field of the Substantive Criminal Law and other branches of science (criminology, psychology, sociology, pedagogy). As a result of the study performed, there have been formulated conclusions and interpretations able to be used in the science of the Substantive Criminal law, as well as in the practice of application of the legal norm in the matter of domestic violence.

Keywords: family violence, victim, crime, violence

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333 Low-Cost Aviation Solutions to Strengthen Counter-Poaching Efforts in Kenya

Authors: Kuldeep Rawat, Michael O'Shea, Maureen McGough

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The paper will discuss a National Institute of Justice (NIJ) funded project to provide cost-effective aviation technologies and research to support counter-poaching operations related to endangered, protected, and/or regulated wildlife. The goal of this project is to provide cost-effective aviation technology and research support to Kenya Wildlife Service (KWS) in their counter-poaching efforts. In pursuit of this goal, Elizabeth City State University (ECSU) is assisting the National Institute of Justice (NIJ) in enhancing the Kenya Wildlife Service’s aviation technology and related capacity to meet its counter-poaching mission. Poaching, at its core, is systemic as poachers go to the most extreme lengths to kill high target species such as elephant and rhino. These high target wildlife species live in underdeveloped or impoverished nations, where poachers find fewer barriers to their operations. In Kenya, with fifty-nine (59) parks and reserves, spread over an area of 225,830 square miles (584,897 square kilometers) adequate surveillance on the ground is next to impossible. Cost-effective aviation surveillance technologies, based on a comprehensive needs assessment and operational evaluation, are needed to curb poaching and effectively prevent wildlife trafficking. As one of the premier law enforcement Air Wings in East Africa, KWS plays a crucial role in Kenya, not only in counter-poaching and wildlife conservation efforts, but in aerial surveillance, counterterrorism and national security efforts as well. While the Air Wing has done, a remarkable job conducting aerial patrols with limited resources, additional aircraft and upgraded technology should significantly advance the Air Wing’s ability to achieve its wildlife protection mission. The project includes: (i) Needs Assessment of the KWS Air Wing, to include the identification of resources, current and prospective capacity, operational challenges and priority goals for expansion, (ii) Acquisition of Low-Cost Aviation Technology to meet priority needs, and (iii) Operational Evaluation of technology performance, with a focus on implementation and effectiveness. The Needs Assessment reflects the priorities identified through two site visits to the KWS Air Wing in Nairobi, Kenya, as well as field visits to multiple national parks receiving aerial support and interviewing/surveying KWS Air wing pilots and leadership. Needs Assessment identified some immediate technology needs that includes, GPS with upgrades, including weather application, Night flying capabilities, to include runway lights and night vision technology, Cameras and surveillance equipment, Flight tracking system and/or Emergency Position Indicating Radio Beacon, Lightweight ballistic-resistant body armor, and medical equipment, to include a customized stretcher and standard medical evacuation equipment. Results of this assessment, along with significant input from the KWS Air Wing, will guide the second phase of this project: technology acquisition. Acquired technology will then be evaluated in the field, with a focus on implementation and effectiveness. Results will ultimately be translated for any rural or tribal law enforcement agencies with comparable aerial surveillance missions and operational environments, and jurisdictional challenges, seeking to implement low-cost aviation technology. Results from Needs Assessment phase, including survey results and our ongoing technology acquisition and baseline operational evaluation will be discussed in the paper.

Keywords: aerial surveillance mission, aviation technology, counter-poaching, wildlife protection

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332 Vulnerable Communities and Urban Heat Stress: An Analysis on Climate Adaptation Planning and Research

Authors: Salvador Gomez

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Climate change poses significant threats to urban communities, with marginalized populations often disproportionately affected by environmental hazards. While urban climate adaptation planning research and initiatives are increasing, these efforts often fail to adequately address vulnerable communities. This paper explores the intersection between climate adaptation planning, particularly in response to heat-related environmental hazards, and underrepresented urban communities. This project will adopt a exploratory sequential design methodology which will predicate on a content analysis of academic research, white papers, and other content related to climate adaptation. Additionally, a spatial analysis will be conducted for all case studies included in the literature review. Analysis of geographic metadata and qualitative coding will refine research questions’ scale and scope. This is especially true for literature that will be filtered to include heat-related environmental hazards. Ultimately, one can hypothesize that findings will further prove how current urban spatial politics create, perpetuate, or worsen uneven vulnerability to heat-related hazards. Lastly, the project aims to learn more about climate adaptation planning in order to implement more efficient and equitable sustainable transitions.

Keywords: urban & regional planning, environmental justice, climate adaptation, heat stress

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331 Mediation in Turkish Health Law for Healthcare Disputes

Authors: V. Durmus, M. Uydaci

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In order to prevent overburdened courts, rising costs of litigation, and lengthy trial resolutions, the Law on Mediation for Civil Disputes was enacted, which was aimed at defining the procedure and guiding principles for dispute resolutions under Civil Law, in 2012. This “Mediation Code” also applies for civil healthcare disputes in Turkey. Aside from mediation, reconciliation, governed by Articles 253-255 of Criminal Procedure Law, has emerged as an alternative way to resolve criminal medical disputes, but the difference between mediation and conciliation is mostly procedural. This article deals with mediation in Turkish health law and aspect of medical malpractice mediation in Turkey. In addition, this study examines the issue of mediation in health law from both a legal and normative point of view, including codes of mediation which regulate both the structural and professional practice of mediation providers. As a result, although there is not official record about success rate of medical malpractice litigations and malpractice mediation in Turkey, it is widely accepted that the success rate for medical malpractice cases is relatively low compared to other personal injury cases even if it is generally considered that medical malpractice case filings have gradually increased recently. According to the Justice Ministry’s Department of Mediation in Turkey, 719 civil disputes have referred to mediators since 2013 (when the first mediation law came into force) with a 98% success rate.

Keywords: malpractice mediation, medical disputes, reconciliation, health litigation, Turkish health law

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330 Study of Components and Effective Factors on Organizational Commitment of Khoramabad Branchs Islamic Azad University’s Faculty Members

Authors: Mehry Daraei

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The goal of this study was to survey the components and affective factors on organizational commitment of Islamic Azad university Khoramabad Baranch’s faculty members. The research method was correlation by causal modeling and data were gathered by questionnaire. Statistical society consisted of 147 faculty members in Islamic Azad University Khoramabad Branch and sample size was determined as 106 persons by Morgan’s sample table that were selected by class sampling. Correlation test, T-single group test and path analysis test were used for analysis of data. Data were analyzed by Lisrel software. The results showed that organizational corporate was the most effective element on organizational commitment and organizational corporate, experience work and organizational justice were only in direct relation with organizational commitment. Also, job security had direct and indirect effect on OC. Job security had effect on OC by gender. Gender variable had direct and indirect effect on OC. Gender had effect on OC by organizational corporate. Job opportunities out of university also had direct and indirect effect on OC, which means job opportunities had indirect effect on OC by organizational corporate.

Keywords: organization, commitment, job security, Islamic Azad University

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