Search results for: data subject rights
27362 An Improved K-Means Algorithm for Gene Expression Data Clustering
Authors: Billel Kenidra, Mohamed Benmohammed
Abstract:
Data mining technique used in the field of clustering is a subject of active research and assists in biological pattern recognition and extraction of new knowledge from raw data. Clustering means the act of partitioning an unlabeled dataset into groups of similar objects. Each group, called a cluster, consists of objects that are similar between themselves and dissimilar to objects of other groups. Several clustering methods are based on partitional clustering. This category attempts to directly decompose the dataset into a set of disjoint clusters leading to an integer number of clusters that optimizes a given criterion function. The criterion function may emphasize a local or a global structure of the data, and its optimization is an iterative relocation procedure. The K-Means algorithm is one of the most widely used partitional clustering techniques. Since K-Means is extremely sensitive to the initial choice of centers and a poor choice of centers may lead to a local optimum that is quite inferior to the global optimum, we propose a strategy to initiate K-Means centers. The improved K-Means algorithm is compared with the original K-Means, and the results prove how the efficiency has been significantly improved.Keywords: microarray data mining, biological pattern recognition, partitional clustering, k-means algorithm, centroid initialization
Procedia PDF Downloads 19027361 A Call for Justice and a New Economic Paradigm: Analyzing Counterhegemonic Discourses for Indigenous Peoples' Rights and Environmental Protection in Philippine Alternative Media
Authors: B. F. Espiritu
Abstract:
This paper examines the resistance of the Lumad people, the indigenous peoples in Mindanao, Southern Philippines, and of environmental and human rights activists to the Philippine government's neoliberal policies and their call for justice and a new economic paradigm that will uphold peoples' rights and environmental protection in two alternative media online sites. The study contributes to the body of knowledge on indigenous resistance to neoliberal globalization and the quest for a new economic paradigm that upholds social justice for the marginalized in society, empathy and compassion for those who depend on the land for their survival, and environmental sustainability. The study analyzes the discourses in selected news articles from Davao Today and Kalikasan (translated to English as 'Nature') People's Network for the Environment’s statements and advocacy articles for the Lumad and the environment from 2018 to February 2020. The study reveals that the alternative media news articles and the advocacy articles contain statements that expose the oppression and violation of human rights of the Lumad people, farmers, government environmental workers, and environmental activists as shown in their killings, illegal arrest and detention, displacement of the indigenous peoples, destruction of their schools by the military and paramilitary groups, and environmental plunder and destruction with the government's permit for the entry and operation of extractive and agribusiness industries in the Lumad ancestral lands. Anchored on Christian Fuch's theory of alternative media as critical media and Bert Cammaerts' theorization of alternative media as counterhegemonic media that are part of civil society and form a third voice between state media and commercial media, the study reveals the counterhegemonic discourses of the news and advocacy articles that oppose the dominant economic system of neoliberalism which oppresses the people who depend on the land for their survival. Furthermore, the news and advocacy articles seek to advance social struggles that transform society towards the realization of cooperative potentials or a new economic paradigm that upholds economic democracy, where the local people, including the indigenous people, are economically empowered their environment and protected towards the realization of self-sustaining communities. The study highlights the call for justice, empathy, and compassion for both the people and the environment and the need for a new economic paradigm wherein indigenous peoples and local communities are empowered towards becoming self-sustaining communities in a sustainable environment.Keywords: alternative media, environmental sustainability, human rights, indigenous resistance
Procedia PDF Downloads 14527360 The Role of Artificial Intelligence in Patent Claim Interpretation: Legal Challenges and Opportunities
Authors: Mandeep Saini
Abstract:
The rapid advancement of Artificial Intelligence (AI) is transforming various fields, including intellectual property law. This paper explores the emerging role of AI in interpreting patent claims, a critical and highly specialized area within intellectual property rights. Patent claims define the scope of legal protection granted to an invention, and their precise interpretation is crucial in determining the boundaries of the patent holder's rights. Traditionally, this interpretation has relied heavily on the expertise of patent examiners, legal professionals, and judges. However, the increasing complexity of modern inventions, especially in fields like biotechnology, software, and electronics, poses significant challenges to human interpretation. Introducing AI into patent claim interpretation raises several legal and ethical concerns. This paper addresses critical issues such as the reliability of AI-driven interpretations, the potential for algorithmic bias, and the lack of transparency in AI decision-making processes. It considers the legal implications of relying on AI, particularly regarding accountability for errors and the potential challenges to AI interpretations in court. The paper includes a comparative study of AI-driven patent claim interpretations versus human interpretations across different jurisdictions to provide a comprehensive analysis. This comparison highlights the variations in legal standards and practices, offering insights into how AI could impact the harmonization of international patent laws. The paper proposes policy recommendations for the responsible use of AI in patent law. It suggests legal frameworks that ensure AI tools complement, rather than replace, human expertise in patent claim interpretation. These recommendations aim to balance the benefits of AI with the need for maintaining trust, transparency, and fairness in the legal process. By addressing these critical issues, this research contributes to the ongoing discourse on integrating AI into the legal field, specifically within intellectual property rights. It provides a forward-looking perspective on how AI could reshape patent law, offering both opportunities for innovation and challenges that must be carefully managed to protect the integrity of the legal system.Keywords: artificial intelligence (ai), patent claim interpretation, intellectual property rights, algorithmic bias, natural language processing, patent law harmonization, legal ethics
Procedia PDF Downloads 2427359 The Term of Intellectual Property and Artificial Intelligence
Authors: Yusuf Turan
Abstract:
Definition of Intellectual Property Rights according to the World Intellectual Property Organization: " Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce." It states as follows. There are 2 important points in the definition; we can say that it is the result of intellectual activities that occur by one or more than one PERSON and as INNOVATION. When the history and development of the relevant definitions are briefly examined, it is realized that these two points have remained constant and Intellectual Property law and rights have been shaped around these two points. With the expansion of the scope of the term Intellectual Property as a result of the development of technology, especially in the field of artificial intelligence, questions such as "Can "Artificial Intelligence" be an inventor?" need to be resolved within the expanding scope. In the past years, it was ruled that the artificial intelligence named DABUS seen in the USA did not meet the definition of "individual" and therefore would be an inventor/inventor. With the developing technology, it is obvious that we will encounter such situations much more frequently in the field of intellectual property. While expanding the scope, we should definitely determine the boundaries of how we should decide who performs the mental activity or creativity that we call indispensable on the inventor/inventor according to these problems. As a result of all these problems and innovative situations, it is clearly realized that not only Intellectual Property Law and Rights but also their definitions need to be updated and improved. Ignoring the situations that are outside the scope of the current Intellectual Property Term is not enough to solve the problem and brings uncertainty. The fact that laws and definitions that have been operating on the same theories for years exclude today's innovative technologies from the scope contradicts intellectual property, which is expressed as a new and innovative field. Today, as a result of the innovative creation of poetry, painting, animation, music and even theater works with artificial intelligence, it must be recognized that the definition of Intellectual Property must be revised.Keywords: artificial intelligence, innovation, the term of intellectual property, right
Procedia PDF Downloads 7227358 Analysis of Beams with Web Opening Subject to Vertical Loads
Authors: P. Chantarawitoon, H. Askarinejad
Abstract:
The steel beams with web opening including the cellular and castellated I-beams are fabricated from a solid web I-beam through a double cutting method to a specific shape and size along the beam. The two halves of the beams are then welded together, increasing the overall depth of the web section. In this paper, the deflection of the cellular and castellated beams subject to uniform vertical loads are investigated using Finite Element Autodesk simulation package. The structural response of the beams with web opening are compared with regular solid beams. Additionally, parametric studies are carried out to study the influence of the geometric properties of a cellular beam to its structural responses.Keywords: beams with web opening, cellular and castellated beams, finite element analysis, vertical deflection
Procedia PDF Downloads 24127357 Gender Policy in Nigeria: Implications for Sustainable Development in the Fourth Republic
Authors: Adadu Yahaya, Abdullahi Erunke Canice
Abstract:
The study sets out to examine the interface that tends to exist in the relationship between gender policy and Nigeria’s socio-economic development. Despite Nigeria’s ratification of virtually all international instruments on the protection and promotion of gender rights and equality, it appears that the practice is honored in the breach than in observance; hence, these policies have not been adequately domesticated and implemented. The implication of this is that the women folks have generally been isolated from mainstream politics and their political rights and privileges truncated in the scheme of things. The paper observes that gender inequality and marginalization in Nigeria has practically occasioned the unwholesome subjugation of Nigerian women to the background, hence poses more critical questions and challenges to the national question. The consequence of this, to this paper, is that Nigeria’s development process will be adversely affected if this trend is not checked. The paper sums up with appropriate policy options which are believed to have the potentials of giving women the right pride of place in the socio-economic and political dynamics in the 21st century Nigeria and beyond.Keywords: development, equality, gender, policy
Procedia PDF Downloads 49227356 Theorization of Dalit Feminism: Critical Reflection on Caste
Authors: Sheetal Dinkar Kamble
Abstract:
The philosophy of Dalit women revolves around the question of how gender and caste inequality manifest itself in social institutions such as the workplace, home, community, rural economy, and the public and private spaces. On the other hand, Dalit feminism explains the range of untouchability related discriminatory practices and how they incorporate the factor of gender in all social relationships. Gender theories are needed to explain how the caste system works on gendered assumptions and are selectively subject to the notion of caste in established ways of life and the punishments for deviating from them. Dalit feminists working in the field of traditional philosophy, from anthropology to epistemology, have introduced new concepts and approaches that would have to form the basis of their philosophy. It also presents philosophical knowledge of caste, gender, religion, class, and sexuality. They are bringing a particularly feminist lens on the issues of globalization, human rights, popular culture, and caste. Dalit women’s philosophy leads to Dalit feminism and knowledge creation. It is an analysis of caste history, contributions, and the challenges faced by Dalit women in rural India. The researcher claims that the method of the case study, to understand caste and gender involved in the discussion of Dalit feminist philosophy, is important. This study will contribute towards the development of dynamic theoretical frameworks directed towards social justice and equality.Keywords: caste, gender, class, religion
Procedia PDF Downloads 10727355 Improving Mathematics and Engineering Interest through Programming
Authors: Geoffrey A. Wright
Abstract:
In an attempt to address shortcomings revealed in international assessments and lamented in legislation, many schools are reducing or eliminating elective courses, applying the rationale that replacing "non-essential" subjects with core subjects, such as mathematics and language arts, will better position students in the global market. However, there is evidence that systematically pairing a core subject with another complementary subject may lead to greater overall learning in both subjects. In this paper, we outline the methods and preliminary findings from a study we conducted analyzing the influence learning programming has on student mathematical comprehension and ability. The purpose of this research is to demonstrate in what ways two subjects might complement each other, and to better understand the principles and conditions that encourage what we call lateral transfer, the synergistic effect that occurs when a learner studies two complementary subjects.Keywords: programming, engineering, technology, complementary subjects
Procedia PDF Downloads 35727354 Consideration for a Policy Change to the South African Collective Bargaining Process: A Reflection on National Union of Metalworkers of South Africa v Trenstar (Pty) (2023) 44 ILJ 1189 (CC)
Authors: Carlos Joel Tchawouo Mbiada
Abstract:
At the back of the apartheid era, South Africa embarked on a democratic drive of all its institution underpinned by a social justice perspective to eradicate past injustices. These democratic values based on fundamental human rights and equality informed all rights enshrined in the Constitution of the Republic of South Africa, 1996. This means that all rights are therefore infused by social justice perspective and labour rights are no exception. Labour law is therefore regulated to the extent that it is viewed as too rigid. Hence a call for more flexibility to enhance investment and boost job creation. This view articulated by the Free Market Foundation fell on deaf ears as the opponents believe in what is termed regulated flexibility which affords greater protection to vulnerable workers while promoting business opportunities and investment. The question that this paper seeks to examine is to what extent the regulation of labour law will go to protect employees. This question is prompted by the recent Constitutional Court’s judgment of National Union of Metalworkers of South Africa v Trenstar which barred the employer from employing labour replacement in response to the strike action by its employees. The question whether employers may use replacement labour and have recourse to lock-outs in response to strike action is considered in the context of the dichotomy between the Free market foundation and social justice perspectives which are at loggerheads in the South African collective bargaining process. With the current unemployment rate soaring constantly, the aftermath of the Covid 19 pandemic, the effects of the war in Ukraine and lately the financial burden of load shedding on companies to run their businesses, this paper argues for a policy shift toward deregulation or a lesser state and judiciary intervention. This initiative will relieve the burden on companies to run a viable business while at the same time protecting existing jobs.Keywords: labour law, replacement labour, right to strike, free market foundation perspective, social justice perspective
Procedia PDF Downloads 10627353 Identification of Text Domains and Register Variation through the Analysis of Lexical Distribution in a Bangla Mass Media Text Corpus
Authors: Mahul Bhattacharyya, Niladri Sekhar Dash
Abstract:
The present research paper is an experimental attempt to investigate the nature of variation in the register in three major text domains, namely, social, cultural, and political texts collected from the corpus of Bangla printed mass media texts. This present study uses a corpus of a moderate amount of Bangla mass media text that contains nearly one million words collected from different media sources like newspapers, magazines, advertisements, periodicals, etc. The analysis of corpus data reveals that each text has certain lexical properties that not only control their identity but also mark their uniqueness across the domains. At first, the subject domains of the texts are classified into two parameters namely, ‘Genre' and 'Text Type'. Next, some empirical investigations are made to understand how the domains vary from each other in terms of lexical properties like both function and content words. Here the method of comparative-cum-contrastive matching of lexical load across domains is invoked through word frequency count to track how domain-specific words and terms may be marked as decisive indicators in the act of specifying the textual contexts and subject domains. The study shows that the common lexical stock that percolates across all text domains are quite dicey in nature as their lexicological identity does not have any bearing in the act of specifying subject domains. Therefore, it becomes necessary for language users to anchor upon certain domain-specific lexical items to recognize a text that belongs to a specific text domain. The eventual findings of this study confirm that texts belonging to different subject domains in Bangla news text corpus clearly differ on the parameters of lexical load, lexical choice, lexical clustering, lexical collocation. In fact, based on these parameters, along with some statistical calculations, it is possible to classify mass media texts into different types to mark their relation with regard to the domains they should actually belong. The advantage of this analysis lies in the proper identification of the linguistic factors which will give language users a better insight into the method they employ in text comprehension, as well as construct a systemic frame for designing text identification strategy for language learners. The availability of huge amount of Bangla media text data is useful for achieving accurate conclusions with a certain amount of reliability and authenticity. This kind of corpus-based analysis is quite relevant for a resource-poor language like Bangla, as no attempt has ever been made to understand how the structure and texture of Bangla mass media texts vary due to certain linguistic and extra-linguistic constraints that are actively operational to specific text domains. Since mass media language is assumed to be the most 'recent representation' of the actual use of the language, this study is expected to show how the Bangla news texts reflect the thoughts of the society and how they leave a strong impact on the thought process of the speech community.Keywords: Bangla, corpus, discourse, domains, lexical choice, mass media, register, variation
Procedia PDF Downloads 17427352 Demystifying Mathematics: Handling Learning Disabilities in Mathematics Among Low Achievers in Kenyan Schools
Authors: Gladys Gakenia Njoroge
Abstract:
Mathematics is a compulsory subject in both primary and secondary schools in Kenya. However, learners’ poor performance in the subject in Kenya national examinations year in year out remains a serious concern for teachers of Mathematics, parents, curriculum developers, and the general public. This is particularly worrying because of the importance attached to the subject in national development hence the need to find out what could be affecting learning of Mathematics in Kenyan schools. The research on which this paper is based sought to examine the factors that influence performance in Mathematics in Kenyan schools; identify the characteristics of Mathematics learning disabilities; determine how the learners with such learning disabilities can be assessed and identified and interventions for these difficulties implemented. A case study was undertaken on class six learners in a primary school in Nairobi County. The tools used for the research were: classroom observations and an Individualized Education Program (IEP) developed by the teachers with the help of the researcher. This paper therefore highlights the findings from the research, discusses the implications of the findings and suggests the way forward as far as teaching, learning and assessment of Mathematics in Kenyan schools is concerned. Perhaps with the application of the right interventions, poor performance in Mathematics in the national examinations in Kenya will be a thing of the past.Keywords: demystifying mathematics, individualized education program, learning difficulties, assessment
Procedia PDF Downloads 9427351 Crossing Borders: A Case Study on the Entry and Asylum of Sirius Refugees in Turkey
Authors: Stephanie M. De Oliveira
Abstract:
For a long time, migrations are characterized as a difficult problem to solve. Various phenomena throughout human history caused personnel migrations, whether by the free will of migrants or not. Nowadays, governments that seek to give these people protection and dignity, either to asylum or to build a new life in a different country, make refugee protection. At present, a large amount of people, have been crossing their country's borders by land, air or sea, becoming refugees and seeking a new life away from fear, threat or violence they suffered in their country of origin. It is known that some countries have already instituted rights and rules for refugees who wish to become citizens in the country to which they immigrated, even though this is not what happens in most cases. The article will be based on research made with UN Refugee Agency (UNHCR) material as well as will analyze the interaction of the Turkish government with the European Union. Since Turkey is not part of the Union, it will be understood how the interaction was made, as well as the search for consensus, and not only humanitarian but also financial aid. The treatment of refugees and the defense of human rights within the country will also be considered.Keywords: refugees, Turkey, asylum seekers, United Nations
Procedia PDF Downloads 36927350 The Victim as a Public Actor: Understanding the Victim’s Role as an Agent of Accountability
Authors: Marie Manikis
Abstract:
This paper argues that the scholarship to date on victims in the criminal process has mainly adopted a private conception of victims –as bearers of individual interests, rights, and remedies– rather than a conception of the victim as an actor with public functions and interests, who has historically and continuously taken on an active role in the common law tradition. This conception enables a greater understanding of the various developments around victim participation in common law criminal justice systems and provides a useful analytical tool to understand the different roles of victims in England and Wales and the United States. Indeed, the main focus on individual rights and the conception of the victim as a private entity undermines the distinctive and increasing role victims play in the wider criminal justice process as agents of accountability through administrative-based processes within and outside courts, including private prosecutions, internal review processes within prosecutorial agencies, judicial review, and ombudsmen processes.Keywords: victims, participation, criminal justice, accountability
Procedia PDF Downloads 13027349 Convention Refugees in New Zealand: Being Trapped in Immigration Limbo without the Right to Obtain a Visa
Authors: Saska Alexandria Hayes
Abstract:
Multiple Convention Refugees in New Zealand are stuck in a state of immigration limbo due to a lack of defined immigration policies. The Refugee Convention of 1951 does not give the right to be issued a permanent right to live and work in the country of asylum. A gap in New Zealand's immigration law and policy has left Convention Refugees without the right to obtain a resident or temporary entry visa. The significant lack of literature on this topic suggests that the lack of visa options for Convention Refugees in New Zealand is a widely unknown or unacknowledged issue. Refugees in New Zealand enjoy the right of non-refoulement contained in Article 33 of the Refugee Convention 1951, whether lawful or unlawful. However, a number of rights contained in the Refugee Convention 1951, such as the right to gainful employment and social security, are limited to refugees who maintain lawful immigration status. If a Convention Refugee is denied a resident visa, the only temporary entry visa a Convention Refugee can apply for in New Zealand is discretionary. The appeal cases heard at the Immigration Protection Tribunal establish that Immigration New Zealand has declined resident and discretionary temporary entry visa applications by Convention Refugees for failing to meet the health or character immigration instructions. The inability of a Convention Refugee to gain residency in New Zealand creates a dependence on the issue of discretionary temporary entry visas to maintain lawful status. The appeal cases record that this reliance has led to Convention Refugees' lawful immigration status being in question, temporarily depriving them of the rights contained in the Refugee Convention 1951 of lawful refugees. In one case, the process of applying for a discretionary temporary entry visa led to a lawful Convention Refugee being temporarily deprived of the right to social security, breaching Article 24 of the Refugee Convention 1951. The judiciary has stated a constant reliance on the issue of discretionary temporary entry visas for Convention Refugees can lead to a breach of New Zealand's international obligations under Article 7 of the International Covenant on Civil and Political Rights. The appeal cases suggest that, despite successful judicial proceedings, at least three persons have been made to rely on the issue of discretionary temporary entry visas potentially indefinitely. The appeal cases establish that a Convention Refugee can be denied a discretionary temporary entry visa and become unlawful. Unlawful status could ultimately breach New Zealand's obligations under Article 33 of the Refugee Convention 1951 as it would procedurally deny Convention Refugees asylum. It would force them to choose between the right of non-refoulement or leaving New Zealand to seek the ability to access all the human rights contained in the Universal Declaration of Human Rights elsewhere. This paper discusses how the current system has given rise to these breaches and emphasizes a need to create a designated temporary entry visa category for Convention Refugees.Keywords: domestic policy, immigration, migration, New Zealand
Procedia PDF Downloads 10427348 Foucault and Governmentality: International Organizations and State Power
Authors: Sara Dragisic
Abstract:
Using the theoretical analysis of the birth of biopolitics that Foucault performed through the history of liberalism and neoliberalism, in this paper we will try to show how, precisely through problematizing the role of international institutions, the model of governance differs from previous ways of objectifying body and life. Are the state and its mechanisms still a Leviathan to fight against, or can it be even the driver of resistance against the proponents of modern governance and the biopolitical power? Do paradigmatic examples of biopolitics still appear through sovereignty and (international) law, or is it precisely this sphere that shows a significant dose of incompetence and powerlessness in relation to, not only the economic sphere (Foucault’s critique of neoliberalism) but also the new politics of freedom? Have the struggle for freedom and human rights, as well as the war on terrorism, opened a new spectrum of biopolitical processes, which are manifested precisely through new international institutions and humanitarian discourse? We will try to answer these questions, in the following way. On the one hand, we will show that the views of authors such as Agamben and Hardt and Negri, in whom the state and sovereignty are seen as enemies to be defeated or overcome, fail to see how such attempts could translate into the politicization of life like it is done in many examples through the doctrine of liberal interventionism and humanitarianism. On the other hand, we will point out that it is precisely the humanitarian discourse and the defense of the right to intervention that can be the incentive and basis for the politicization of the category of life and lead to the selective application of human rights. Zizek example of the killing of United Nations workers and doctors in a village during the Vietnam War, who were targeted even before police or soldiers, because they were precisely seen as a powerful instrument of American imperialism (as they were sincerely trying to help the population), will be focus of this part of the analysis. We’ll ask the question whether such interpretation is a kind of liquidation of the extreme left of the political (Laclau) or on this basis can be explained at least in part the need to review the functioning of international organizations, ranging from those dealing with humanitarian aid (and humanitarian military interventions) to those dealing with protection and the security of the population, primarily from growing terrorism. Based on the above examples, we will also explain how the discourse of terrorism itself plays a dual role: it can appear as a tool of liberal biopolitics, although, more superficially, it mostly appears as an enemy that wants to destroy the liberal system and its values. This brings us to the basic problem that this paper will tackle: do the mechanisms of institutional struggle for human rights and freedoms, which is often seen as opposed to the security mechanisms of the state, serve the governance of citizens in such a way that the latter themselves participate in producing biopolitical governmental practices? Is the freedom today "nothing but the correlative development of apparatuses of security" (Foucault)? Or, we can continue this line of Foucault’s argumentation and enhance the interpretation with the important question of what precisely today reflects the change in the rationality of governance in which society is transformed from a passive object into a subject of its own production. Finally, in order to understand the skills of biopolitical governance in modern civil society, it is necessary to pay attention to the status of international organizations, which seem to have become a significant place for the implementation of global governance. In this sense, the power of sovereignty can turn out to be an insufficiently strong power of security policy, which can go hand in hand with freedom policies, through neoliberal governmental techniques.Keywords: neoliberalism, Foucault, sovereignty, biopolitics, international organizations, NGOs, Agamben, Hardt&Negri, Zizek, security, state power
Procedia PDF Downloads 21127347 A Comparative Human Rights Analysis of Deprivation of Citizenship as a Counterterrorism Instrument: An Evaluation of Belgium
Authors: Louise Reyntjens
Abstract:
In response to Islamic-inspired terrorism and the growing trend of foreign fighters, European governments are increasingly relying on the deprivation of citizenship as a security tool. This development fits within a broader securitization of immigration, where the terrorist threat is perceived as emanating from abroad. As a result, immigration law became more and more ‘securitized’. The European migration crisis has reinforced this trend. This research evaluates the deprivation of citizenship from a human rights perspective. For this, the author selected four European countries for a comparative study: Belgium, France, the United Kingdom and Sweden. All these countries face similar social and security issues, vitalizing (the debate on) deprivation of citizenship as a counterterrorism tool. Yet, they adopt a very different approach on this: The United Kingdom positions itself on the repressive side of the spectrum. Sweden on the other hand, also ‘securitized’ its immigration policy after the recent terrorist hit in Stockholm but remains on the tolerant side of the spectrum. Belgium and France are situated in between. This contribution evaluates the deprivation of citizenship in Belgium. Belgian law has provided the possibility to strip someone of their Belgian citizenship since 1919. However, the provision long remained a dead letter. The 2015 Charlie Hebdo attacks in Paris sparked a series of legislative changes, elevating the deprivation measure to a key security tool in Belgian law. Yet, the measure raises profound human rights issues. Firstly, it infringes the right to private and family life. As provided by Article 8 (2) European Court of Human Right (ECHR), this right can be limited if necessary for national security and public safety. Serious questions can however be raised about the necessity for the national security of depriving an individual of its citizenship. Behavior giving rise to this measure will generally be governed by criminal law. From a security perspective, criminal detention will thus already provide in removing the individual from society. Moreover, simply stripping an individual of its citizenship and deporting them constitutes a failure of criminal law’s responsibility to prosecute criminal behavior. Deprivation of citizenship is also discriminatory, because it differentiates, without a legitimate reason, between those liable to deprivation and those who are not. It thereby installs a secondary class of citizens, violating the European Court of Human Right’s principle that no distinction can be tolerated between children on the basis of the status of their parents. If followed by expulsion, deprivation also seriously jeopardizes the right to life and prohibition of torture. This contribution explores the human rights consequences of citizenship deprivation as a security tool in Belgium. It also offers a critical view on its efficacy for protecting national security.Keywords: Belgium, counterterrorism strategies, deprivation of citizenship, human rights, immigration law
Procedia PDF Downloads 12627346 Protection of Television Programme Formats in Comparative Law
Authors: Mustafa Arikan, Ibrahim Ercan
Abstract:
In this paper, protection of program formats was investigated in terms of program formats. Protection of program formats was studied in the French Law in the sense of competition law and CPI. Since the English Judicial system exhibits differences from the legal system of Continental Europe, its investigation bears a special significance. The subject was also handled in German Law at length. Indeed, German Law was investigated in detail within the overall framework of the study. Here, the court decisions in the German Law and the views in the doctrine were expressed in general. There are many court decisions in the American legal system concerning the subject. These decisions also present alternatives in terms of a solution to the problem.Keywords: comparative law, protection of television programme formats, intellectual property, american legal system
Procedia PDF Downloads 33127345 Drawbacks of Second Generation Urban Re-Development in Addis Ababa
Authors: Ezana Haddis Weldeghebrael
Abstract:
Addis Ababa City Administration is engaged in a massive facelift of the inner-city. The paper, therefore, aims to analyze the challenges of the current urban regeneration effort by paying special attention to Lideta and Basha Wolde Chilot projects. To this end, the paper has adopted a documentary research strategy to collect the data and Institutionalist perspective as well as the concept of urban regeneration to analyze the data. The sources were selected based on relevance and recency. Academic research outputs were used primarily. However, where much scholastic publications are not available institutional reports, newspaper articles, and expert presentations were used. The major findings of the research revealed that although the second generation of urban redevelopment projects have attempted to involve affected groups and succeeded in designing better neighborhoods, they are riddled with three major drawbacks. The first one is institutional constraints, i.e. absence of urban redevelopment strategy as well as housing policy, broad definition of ‘public purpose’, little regard for informal businesses, limitation on rights groups, negotiation power not devolved at sub-city level and no plan for groups that cannot afford to pay the down payment for low-cost apartments. The second one is planning limitation, i.e. absence of genuine affected group participation as well as consultative level of public engagement. The third one is implementation failure, i.e. no regard to maintaining social bond, non-participatory and ill-informed resettlement, interference from senior government officials, failure to protect the poor from speculators, corruption and disregard to heritage buildings. Based on the findings, the paper concluded that the current inner-city redevelopment has failed to be socially sustainable and calls for enactment of housing policy as well as redevelopment strategy, affected group participation, on-site resettlement, empowering the Sub-city to manage the project and allowing housing rights groups to advocate for the poor slum dwellers.Keywords: participation, redevelopment, planning, implementation, consultation
Procedia PDF Downloads 43027344 A Review of the Fundamental Aspects and Dimensions of Alternative Dispute Resolution (ADR) as Important Components in the Promotion of Social Justice in Nigeria
Authors: Odoh Ben Uruchi
Abstract:
Access to Justice implies access to social and distributive Justice. Access to social justice in Nigeria remains an illusion where cases last in courts for unduly long period of time, as is currently the situation in the country. As the popular saying goes– justice delayed is justice denied. It is, however, important to underscore the point that these perspectives are not necessarily disconnected since the extent to which one can have distributive justice in any system is largely determined by the level and effectiveness of social justice in the country. Generally, Alternative Dispute Resolution (ADR) Processes are increasingly being accepted in Nigeria as appropriate mechanisms for resolving disputes. While some jurisdictions have institutionalized ADR through the concept of a Multidoor Courthouse, many other are at different stages of doing same. With these developments, it is obvious that stakeholders in the administration of justice in Nigeria, can no longer be indifferent about understanding and fully mainstreaming ADR into their various activities and professional practice. Any framework for promoting social justice in Nigeria should therefore of necessity include provision of avenues for use of ADR in the protection and enforcement of citizen’s rights. The constitutional and other legal provisions that guarantee various rights of citizens cannot of itself ensure the enjoyment of the rights in the absence of an effective framework for dispute resolution. Excessive reliance on litigation and other adversarial approaches will also fail to ensure a sound regime of social justice. There should be structured mainstreaming of alternative dispute resolution mechanisms in justice delivery if the society must provide and guarantee social justice to the citizens. This paper seeks to address some of the fundamental issues affecting the perception, knowledge and skills of ADR in the provision of social justice. In doing this, the paper proposes to unlock the full enormous potentials of Alternative Dispute Resolution (ADR) in promoting access to justice in Nigeria.Keywords: aspects, dimensions, alternative dispute resolution, social justice
Procedia PDF Downloads 43527343 Human Rights and Fundamental Freedoms in Crisis as Viewed during Bangladesh Parliamentary Election-2018 and Afterwards: A Contestant's Perspective on Social Measures
Authors: Mohammad S. Islam
Abstract:
Elections in Bangladesh are always controversial, and sometimes it becomes a violent affair when state power is combined with politics. Despite the commitment of the ruling party- the polling government to ensure free, fair, and credible elections, the participants of opposition parties and the general voters became very disappointed, terribly frustrated, and severely shocked. It happened when numerous claims of serious irregularities of vote rigging and violence came out in broad daylight during the election. This paper addresses the issues of how the ruling party created frightening and a horror situation to make people silent over electoral fraud and violent incidents, including gang rape. It also seeks to demonstrate that election-2018 was simply the deceptive action of the ruling party to legitimate their power, but not to provide a minimum opportunity for voters to exercise their fundamental right to vote. The fundamental freedom and the rule of law seemed to be ignored completely in this election process and afterwards. With the help of state machinery, the government of the ruling party violated human rights, restricted fundamental freedoms, and humiliated social protection & dignity. The contestant’s views as witnessed and relevant literatures are cited first for conceptual understanding. Then, the paper will examine how a new dimension of circumstantial social measures related to sustained protection can reduce all kinds of violence against humanity towards establishing a peaceful democratic society. Finally, this paper interprets the key findings and considers wider implications.Keywords: electoral fraud, human rights, sustained protection, social measures, vote rigging
Procedia PDF Downloads 18827342 English Language Performance and Emotional Intelligence of Senior High School Students of Pit-Laboratory High School
Authors: Sonia Arradaza-Pajaron
Abstract:
English as a second language is widely spoken in the Philippines. In fact, it is used as a medium of instruction in school. However, Filipino students, in general, are still not proficient in the use of the language. Since it plays a very crucial role in the learning and comprehension of some subjects in the school where important key concepts and in English, it is imperative to look into other factors that may affect such concern. This study may post an answer to the said concern because it aimed to investigate the association between a psychological construct, known as emotional intelligence, and the English language performance of the 55 senior high school students. The study utilized a descriptive correlational method to determine the significant relationship of variables with preliminary data, like GPA in English subject as baseline information of their performance. Results revealed that the respondents had an average GPA in the English subject; however, improving from their first-year high school level to the fourth year. Their English performance resulted to an above average level with a notable higher performance in the speaking test than in the written. Further, a strong correlation between English performance and emotional intelligence was manifested. Based on the findings, it can be concluded that students with higher emotional intelligence their English language performance is expected to be the same. It can be said further that when students’ emotional intelligence (EI components) is facilitated well through various classroom activities, a better English performance would just be spontaneous among them.Keywords: English language performance, emotional intelligence, EI components, emotional literacy, emotional quotient competence, emotional quotient outcomes, values and beliefs
Procedia PDF Downloads 45027341 Internal Capital Market Efficiency Study Based on Improved Cash Flow Sensitivity Coefficient - Take Tomorrow Group as an Example
Abstract:
Because of the difficulty of financing from the external capital market, the reorganization and merger of private enterprises have formed a family group, seeking the help of the internal capital market to alleviate the capital demand. However, the inefficiency of the internal capital market can damage the effect it should have played, and even hinder the development of enterprises. This paper takes the "Tomorrow Group" as the research object to carry on the case analysis. After using the improved cash flow sensitivity coefficient to measure the efficiency of the internal capital market of Tomorrow Group, the inefficiency phenomenon is found. Then the analysis reveals that the reasons for its inefficiency include that the pyramidal equity structure is conducive to control, the separation of cash flow rights and control rights, the concentration of equity leads to poor balance, the abandonment of real industries and information asymmetry.Keywords: tomorrow group, internal capital market, related-party transactions, Baotou tomorrow technology Co., LTD
Procedia PDF Downloads 13727340 Floating Quantifiers in Hijazi Arabic
Authors: Tagreed Alzahrani
Abstract:
The syntax of quantifiers has received much attention by linguists, philosophers and logicians within different frameworks and in various languages. However, the syntax of Arabic quantifiers has received limited attention in the literature, especially in relation to floating quantifiers. There have been a few discussions of floating quantifiers in Modern Standard Arabic (henceforth, MSA), although the analysis and the properties of their counterparts in other Saudi dialects are rare. Therefore, the aim of the paper is to provide a clear description of floating quantifiers (FQs) in Hijazi dialect (henceforth, HA) by utilising the following approaches: the adverbial approach, and the derivational (stranding) analysis. For a long time, Linguists have tried to explain the floating quantifiers’ phenomenon, as exemplified in the following sentences: 1. All the friends have watched the movie. 2. The friends have all watched the movie. The adverbial approach assumes that the floating quantifier is a type of adverb, because it occupies the adverbial position next to the verb. Thus, the subject in the first example is all the friends and the subject in the second example is the friends with all becoming an adverb, as it is located in an adverbial position. However, in stranding analysis, it is argued that the floating quantifier becomes stranded when its complement has moved to a higher position in the sentence [SPEC, TP]. Therefore, both sentences have the same subject all the friends, although in second example the friends has moved to a higher position and has stranded the quantifier all. The paper will investigate the floating quantifiers in HA using both approaches. The analysis will show that neither view is entirely successful in providing a unified account for FQs in HA.Keywords: floating quantifier, adverbial analysis, stranding approach, universal quantifier
Procedia PDF Downloads 35227339 Development and Validation of an Electronic Module in Linear Motion for First Year College Students of Iloilo City
Authors: Donna H. Gabor
Abstract:
This study aimed to develop and validate an electronic module in physics for first-year college students of Iloilo and find out if there would be a significant difference in the performance of students before and after using the electronic module. The e-module was composed of one topic with two sub-lessons in linear motion (kinematics). The participants of the study were classified into three groups: the subject matter experts who are physics instructors who suggested the content, physical appearance, and limitations of the e-module; the IT experts who are active both in teaching and developing computer programs; and 28 students divided into two groups, 15 in the pilot group and 13 in the final test group. A researcher created 30 items checklist form (difficulty of a sample problem, comprehension, application, and definition of terms) was prepared and validated by the experts in subject matter for gathering data. To test the difference in student performance in physics, the researcher prepared an achievement test containing 25 items, multiple choices. The findings revealed that there was an increase in the performance of students in the pretest and post-test. T-test results revealed that there was a significant difference in the test scores of the students before and after using the module which can be used as a future reference for linear motion as an additional teaching tool in physics.Keywords: electronic module, kinematics, linear motion, physics
Procedia PDF Downloads 13527338 Patent Protection for AI Innovations in Pharmaceutical Products
Authors: Nerella Srinivas
Abstract:
This study explores the significance of patent protection for artificial intelligence (AI) innovations in the pharmaceutical sector, emphasizing applications in drug discovery, personalized medicine, and clinical trial optimization. The challenges of patenting AI-driven inventions are outlined, focusing on the classification of algorithms as abstract ideas, meeting the non-obviousness standard, and issues around defining inventorship. The methodology includes examining case studies and existing patents, with an emphasis on how companies like Benevolent AI and Insilico Medicine have successfully secured patent rights. Findings demonstrate that a strategic approach to patent protection is essential, with particular attention to showcasing AI’s technical contributions to pharmaceutical advancements. Conclusively, the study underscores the critical role of understanding patent law and innovation strategies in leveraging intellectual property rights in the rapidly advancing field of AI-driven pharmaceuticals.Keywords: artificial intelligence, pharmaceutical industry, patent protection, drug discovery, personalized medicine, clinical trials, intellectual property, non-obviousness
Procedia PDF Downloads 1527337 An Exploratory Research of Human Character Analysis Based on Smart Watch Data: Distinguish the Drinking State from Normal State
Authors: Lu Zhao, Yanrong Kang, Lili Guo, Yuan Long, Guidong Xing
Abstract:
Smart watches, as a handy device with rich functionality, has become one of the most popular wearable devices all over the world. Among the various function, the most basic is health monitoring. The monitoring data can be provided as an effective evidence or a clue for the detection of crime cases. For instance, the step counting data can help to determine whether the watch wearer was quiet or moving during the given time period. There is, however, still quite few research on the analysis of human character based on these data. The purpose of this research is to analyze the health monitoring data to distinguish the drinking state from normal state. The analysis result may play a role in cases involving drinking, such as drunk driving. The experiment mainly focused on finding the figures of smart watch health monitoring data that change with drinking and figuring up the change scope. The chosen subjects are mostly in their 20s, each of whom had been wearing the same smart watch for a week. Each subject drank for several times during the week, and noted down the begin and end time point of the drinking. The researcher, then, extracted and analyzed the health monitoring data from the watch. According to the descriptive statistics analysis, it can be found that the heart rate change when drinking. The average heart rate is about 10% higher than normal, the coefficient of variation is less than about 30% of the normal state. Though more research is needed to be carried out, this experiment and analysis provide a thought of the application of the data from smart watches.Keywords: character analysis, descriptive statistics analysis, drink state, heart rate, smart watch
Procedia PDF Downloads 16727336 The Promise of Nunca Más after Cambiemos: Representations of the 2x1 Decision of the Supreme Court and Santiago Maldonado's Disappearance in the Newspaper La Nación
Authors: Uluhan Berk Ondul
Abstract:
This article aims to shed light on the new stage of transitional justice in Argentina through examining the representations of the 2x1 decision of the Supreme Court and Santiago Maldonado’s Disappearance in the newspaper, La Nación. The two events hold the key to understanding Argentina’s journey since return to democracy as they are about the same crimes of the dictatorship, namely, the forced disappearance of civilians and the subsequent impunity that follows. In the case of a convicted torturer, The Supreme Court of Argentina ruled on 3rd of May 2017 that the days spent in preventive detention after two years should be counted double for the overall sentence. This court decision was met with severe resistance from the members of the parliament as well as the human rights movement. The second item on the list still continues and divides the country into two camps: (1) those who think that the police force has committed another act of forced disappearance in the case of activist Santiago Maldonado and (2) the others who blame the peronistas (the party and supporters of the ex-president Cristina Fernandez de Kirchner) of using this subject as a means to score political points. As a newspaper known for its proximity to the current administration, La Nación offers an insight to the direction of the country and also demonstrates how the neoliberal mindset works. The results of the study show that the transitional justice process in Argentina is far from being complete as the Promise of Nunca Más is still not a shared value but a political statement.Keywords: Argentina, Fallo 2x1, impunity, Santiago Maldonado, transitional justice
Procedia PDF Downloads 23127335 Patient Advocates to Improve Access to Justice in Involuntary Hospitalisation
Authors: Zuzana Durajova, Natasa Diatkova, Shreya Bhardwaj
Abstract:
This paper introduces the project START, its activities, goals, evaluation and final results. Over the past few decades, the legal discourse surrounding mental health has resulted in improvement in patient rights (in Netherlands, etc.), the appointment of Ombudspersons for psychiatric patients (in Austria, Sweden) and facilitating the participation of patients in decision-making processes. Czech legislation already recognizes the position of “patient’s advocate” as a person of trust. However, this instrument is not very widely known and rarely used in practice. In the pilot study of the project, legal training for patient advocacy is provided to persons with experience with mental health problems/psychiatric hospitalization chosen from a Czech-based NGO. These persons (patient advocates) visit patients in involuntary hospitalization in one closed ward in the chosen psychiatric institution. During visits, the patient advocates inform patients about their legal standing, their procedural rights and also offer them individual support in contacting their counsel, family members etc. To understand the effect of the intervention, qualitative interviews and participant observations are conducted with the patients, advocates, the hospital management and staff and other identifiable stakeholders, such as government officials responsible for mental health care reform. The interviews are held before, during and after the intervention (support from patient advocates in hospitals). Given the ethical quandaries arising from using psychiatric wards as a field setting, we assume a participatory approach to ensure respect for patient boundaries and dignity. Through this project, we seek to establish a profession of patient advocates based on professional standards.Keywords: patient advocacy, involuntary hospitalization, Czech Republic, patient Rights, professionalization
Procedia PDF Downloads 19727334 The Shrinking Nature of Parliamentary Immunity in Kenya: A Proposal for Judicial Restraint
Authors: Oscar Sang, Shadrack David Rotich
Abstract:
Parliamentary immunity is grounded on the notion that parliaments need certain rights or immunities to ensure they can operate independently make fair and impartial decisions without capitulating to political pressure or intimidation. The 2013 election in Kenya marked an important milestone in the development of the law of parliamentary privilege. Such importance relates to the dramatic increase in the number of legislatures in the country from one unicameral parliament, to a bicameral national parliament and forty-seven other regional legislative assemblies. The increase in legislatures has resulted in a dramatic increase in political contestations which have led to legal wrangles. The judiciary in Kenya, once considered submissive, has been invited to arbitrate on various matters pitting individual rights and parliamentary privilege and have invalidated a number of legislative action. While judicial intervention is indeed necessary to ensure that legislatures in Kenya live true to the constitutional aspirations of the Kenyan people, certain judicial decisions have had an effect on eroding parliamentary immunity. This paper highlights a number of instances in which it could be argued that parliamentary privilege came under attack by the courts in Kenya. The paper aims to make a case that while Kenya’s progressive constitution necessitates the scope and extent of legislature’s immunities and privilege to be determined by the courts, it is important that courts exercise restraint in its review of legislative action. The paper makes the argument that unrestrained judicial action in Kenya on questions within the realm parliamentary privilege may undermine the functioning of Kenya’s legislatures. The paper explores approaches taken by a number of jurisdictions in establishing a proper balance between maintaining a viable parliamentary privilege regime in a rights-based constitutional system.Keywords: Kenya, constitution, judicial restraint, parliamentary privilege
Procedia PDF Downloads 17127333 The Role of Societas Europaea in Business Environment of Czech Republic
Authors: Werner Bernatik, Pavel Adamek
Abstract:
The Societas Europaea is the legal form of company which plays its role within European Union since 2004. Since that it has settled in particular EU's member according to conditions. There is several hundreds of Societas Europaea found in EU and the article pays attention to historical background of conditions which formed the European Entrepreneurial Environment. Also, the differences of particular details of Societas Europaea are mentioned. Furthermore, the case of Czech Republic Business Environment is subject of interest where, surprisingly, the total amount of registered Societas Europaea was identified as the highest. The possible reasons of such situation are subject of research and results are to be presented in the article.Keywords: Societas Europaea, business environment, legal form of company, entrepreneurial environment, European Union, competitivness
Procedia PDF Downloads 424