Search results for: legal issues in IVF
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 6266

Search results for: legal issues in IVF

5666 Securing the Electronic Commerce - The Way Forward: A Comparative Ananlysis

Authors: Sarthak Mishra, Astha Sinha

Abstract:

There’s no doubt about the convenience of making commercial and business transactions over the Internet under the new business model known as the e-Commerce. The term 'Electronic commerce' or e-Commerce refers to the use of an electronic medium to carry out commercial transactions. E-Commerce is one of the parts of Information Science framework and its uses are gradually becoming popular. Thus, the threat of security issues in Information Science has now become an important subject of discussion amongst the concerned users. These two issues i.e. security and privacy are required to be looked into through social, organizational, technical and economic perspectives. The current paper analyses the effect of these two issues in the arena of e-commerce. Here, no specification has been discussed rather an attempt has been made to provide a general overview. Further, attempts have been made to discuss the security and privacy issues in relation to the E-Commerce financial transactions. We shall also discuss in particular different steps required to be taken before online shopping and also shall discuss the purpose of security and privacy in E-Commerce and why it has currently become the need of the present hour. Lastly, an attempt has been made to discuss the plausible future course of development of this practice and its impact upon the global economy and if any changes should be bought about to ensure a smooth evolution of the practice. This paper has adopted a descriptive methodology to undertake its major area of study, wherein the major source of information has been via the secondary resources. Also, the study is of a comparative nature wherein the position of the various national regimes have compared with regards to the research question.

Keywords: business-business transaction (B2B), business-consumer transaction (B2C), e-commerce, online transaction, privacy and security threats

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5665 Regulating Information Asymmetries at Online Platforms for Short-Term Vacation Rental in European Union– Legal Conondrum Continues

Authors: Vesna Lukovic

Abstract:

Online platforms as new business models play an important role in today’s economy and the functioning of the EU’s internal market. In the travel industry, algorithms used by online platforms for short-stay accommodation provide suggestions and price information to travelers. Those suggestions and recommendations are displayed in search results via recommendation (ranking) systems. There has been a growing consensus that the current legal framework was not sufficient to resolve problems arising from platform practices. In order to enhance the potential of the EU’s Single Market, smaller businesses should be protected, and their rights strengthened vis-à-vis large online platforms. The Regulation (EU) 2019/1150 of the European Parliament and of the Council on promoting fairness and transparency for business users of online intermediation services aims to level the playing field in that respect. This research looks at Airbnb through the lenses of this regulation. The research explores key determinants and finds that although regulation is an important step in the right direction, it is not enough. It does not entail sufficient clarity obligations that would make online platforms an intermediary service which both accommodation providers and travelers could use with ease.

Keywords: algorithm, online platforms, ranking, consumers, EU regulation

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5664 Creation and Implementation of A New Palliative Care Drug Chart, via A Closed-Loop Audit

Authors: Asfa Hussain, Chee Tang, Mien Nguyen

Abstract:

Introduction: The safe usage of medications is dependent on clear, well-documented prescribing. Medical drug charts should be regularly checked to ensure that they are fit for purpose. Aims: The purpose of this study was to evaluate whether the Isabel Hospice drug charts were effective or prone to medical errors. The aim was to create a comprehensive palliative care drug chart in line with medico-legal guidelines and to minimise drug administration and prescription errors. Methodology: 50 medical drug charts were audited from March to April 2020, to assess whether they complied with medico-legal guidelines, in a hospice within East of England. Meetings were held with the larger multi-disciplinary team (MDT), including the pharmacists, nursing staff and doctors, to raise awareness of the issue. A preliminary drug chart was created, using the input from the wider MDT. The chart was revised and trialled over 15 times, and each time feedback from the MDT was incorporated into the subsequent template. In the midst of the COVID-19 pandemic in September 2020, the finalised drug chart was trialled. 50 new palliative drug charts were re-audited, to evaluate the changes made. Results: Prescribing and administration errors were high prior to the implementation of the new chart. This improved significantly after introducing the new drug charts, therefore improving patient safety and care. The percentage of inadequately documented allergies went down from 66% to 20% and incorrect oxygen prescription from 40% to 16%. The prescription drug-drug interactions decreased by 30%. Conclusion: It is vital to have clear standardised drug charts, in line with medico-legal standards, to allow ease of prescription and administration of medications and ensure optimum patient-centred care. This closed loop audit demonstrated significant improvement in documentation and prevention of possible fatal drug errors and interactions.

Keywords: palliative care, drug chart, medication errors, drug-drug interactions, COVID-19, patient safety

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5663 The Political and Academic Consideration of Unregulated Concept of Rome Statute in Law No. 26 Year 2000 about Indonesia’s Human Right Court

Authors: Muhammad Iqbal Rachman, Mohammad Faisol Soleh

Abstract:

The Law No. 26 Year 2000 about Indonesia’s Human Right Court became a new legal enforcement frame of human right law in Indonesia. The new spirit based on some international propulsion in order to enforce human right which basic right of everyone that appearance since in fetus. This matters indicated how crucial the arrangement of human right law, considering the role of state on human right enforcement in this context which became main pillar or instrument to accommodate citizen interest. Basically, the adopting of Law No. 26 Year 2000 came from the womb of concept international crimes regulation based on Rome Statute which became the international law instrument in order to legal enforce of international crimes. But in the other side, the enactment Rome Statute concept in Indonesia has facing with political and academics interest which resulted unaccommodating every type of international crimes in Law No. 26 Year 2000. The analyzing of political and academics background became the fundamental point to find out the solutions based on the regulation of Rome Statute concept matters in Indonesia.

Keywords: academic consideration, human right, political consideration, rome statute, unregulated concept

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5662 An International Comparison of Forensic Identification Evidence Legislation: Balancing Community Interests and Individual Rights

Authors: Marcus Smith

Abstract:

DNA profiling has made a valuable contribution to criminal investigations over the past thirty years. Direct matching DNA profiles from a crime scene and suspect, or between a suspect and a database remain of great importance to crimes such as murder, assault, and property theft. As scientific and technological advancement continues, a wide range of new DNA profiling applications has been developed. The application of new techniques involves an interesting balancing act between admitting probative evidence in a criminal trial, evaluating its degree of relevance and validity, and limiting its prejudicial impact. The impact of new DNA profiling applications that have significant implications for law enforcement and the legal system can be evaluated through a review of relevant case law, legislation and the latest empirical evidence from jurisdictions around the world including the United States, United Kingdom, and Australia. There are benefits in further examining the implications of these new developments, including how the criminal law can best be adapted to ensure that new technology is used to enhance criminal investigation and prosecution while ensuring it is applied in a measured way that respects individual rights and maintains principles of fairness enshrined in the legal system.

Keywords: criminal procedure, forensic evidence, DNA profiling, familial searching, phenotyping

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5661 Polar Bears in Antarctica: An Analysis of Treaty Barriers

Authors: Madison Hall

Abstract:

The Assisted Colonization of Polar Bears to Antarctica requires a careful analysis of treaties to understand existing legal barriers to Ursus maritimus transport and movement. An absence of land-based migration routes prevent polar bears from accessing southern polar regions on their own. This lack of access is compounded by current treaties which limit human intervention and assistance to ford these physical and legal barriers. In a time of massive planetary extinctions, Assisted Colonization posits that certain endangered species may be prime candidates for relocation to hospitable environments to which they have never previously had access. By analyzing existing treaties, this paper will examine how polar bears are limited in movement by humankind’s legal barriers. International treaties may be considered codified reflections of anthropocentric values of the best knowledge and understanding of an identified problem at a set point in time, as understood through the human lens. Even as human social values and scientific insights evolve, so too must treaties evolve which specify legal frameworks and structures impacting keystone species and related biomes. Due to costs and other myriad difficulties, only a very select number of species will be given this opportunity. While some species move into new regions and are then deemed invasive, Assisted Colonization considers that some assistance may be mandated due to the nature of humankind’s role in climate change. This moral question and ethical imperative against the backdrop of escalating climate impacts, drives the question forward; what is the potential for successfully relocating a select handful of charismatic and ecologically important life forms? Is it possible to reimagine a different, but balanced Antarctic ecosystem? Listed as a threatened species under the U.S. Endangered Species Act, a result of the ongoing loss of critical habitat by melting sea ice, polar bears have limited options for long term survival in the wild. Our current regime for safeguarding animals facing extinction frequently utilizes zoos and their breeding programs, to keep alive the genetic diversity of the species until some future time when reintroduction, somewhere, may be attempted. By exploring the potential for polar bears to be relocated to Antarctica, we must analyze the complex ethical, legal, political, financial, and biological realms, which are the backdrop to framing all questions in this arena. Can we do it? Should we do it? By utilizing an environmental ethics perspective, we propose that the Ecological Commons of the Arctic and Antarctic should not be viewed solely through the lens of human resource management needs. From this perspective, polar bears do not need our permission, they need our assistance. Antarctica therefore represents a second, if imperfect chance, to buy time for polar bears, in a world where polar regimes, not yet fully understood, are themselves quickly changing as a result of climate change.

Keywords: polar bear, climate change, environmental ethics, Arctic, Antarctica, assisted colonization, treaty

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5660 Public Environmental Investment Analysis of Japan

Authors: K. Y. Chen, H. Chua, C. W. Kan

Abstract:

Japan is a well-developed country but the environmental issues are still a hot issue. In this study, we will analyse how the environmental investment affects the sustainable development in Japan. This paper will first describe the environmental policy of Japan and the effort input by the Japan government. Then, we will collect the yearly environmental data and also information about the environmental investment. Based on the data collected, we try to figure out the relationship between environmental investment and sustainable development in Japan. In addition, we will analyse the SWOT of environmental investment in Japan. Based on the economic information collected, Japan established a sound material-cycle society through changes in business and life styles. A comprehensive legal system for this kind of society was established in Japan. In addition, other supporting measures, such as financial measures, utilization of economic instruments, implementation of research and promotion of education and science and technology, help Japan to cope with the recent environmental challenges. Japan’s excellent environmental technologies changed its socioeconomic system. They are at the highest global standards. This can be reflected by the number of patents registered in Japan which has been on the steady growth. Country by country comparison in the application for patents on environmental technologies also indicates that Japan ranks high in such areas as atmospheric pollution and water quality management, solid waste management and renewable energy. This is a result of the large expenditure invested on research and development.

Keywords: Japan, environmental investment, sustainable development, analysis

Procedia PDF Downloads 245
5659 Methods of Categorizing Architectural Technical Debt

Authors: Blessing Igbadumhe

Abstract:

The continuous long- and short-term delivery of value to customers continues to be the overarching objective of software organizations. Software engineering professionals and organizations face challenges in the maintenance and evolution of software as a result of architectural, technical debt. The issues of architectural, technical debt continue to receive a significant amount of attention because of its important impact on successful system implementation. The cost of doing nothing as far as architectural, technical debt is concerned can be significant both in financial terms and impacts on customers. Different architectural, technical debt issues exist, and this qualitative research design reviewed existing literature on the subject to identify and categorize them. This research intends to contribute to the existing bludgeoning body of knowledge on categorizations and descriptive model of technical debt related issues related to system architecture. The results identify the most common characteristics of architectural and technical debt categories. Raising awareness of the intricacies of architectural and technical debt helps technology stakeholders reduce negative consequences and increase the system success rate.

Keywords: architecture, categorizing TD, system design, technical debt

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5658 The Sustainability of Farm Forestry Management in Bulukumba Regency, South Sulawesi, Indonesia

Authors: Nuraeni, Suryanti, Saida, Annas Boceng

Abstract:

Farm forestry is a forest where farmers or landowners do cultivation and farming activities on their land. This study aims to determine the dimensions of sustainable development of farm forestry and to analyze the leverage factors to improve the sustainability status of farm forestry management in Bulukumba Regency. This research was conducted in Kajang District, Bulukumba Regency. The analysis of the sustainability of farm forestry management applied Multi-Dimensional Scaling (MDS), a modification of the Rapid Appraisal of The Status of Farming (RAPFARM). The index value of farm forestry sustainability was by 62.01% for ecological dimension, 51.54% for economic dimension, 61.00% for the social and cultural dimension, and 63.24% for legal and institutional dimension with sustainable enough category status. Meanwhile, the index value for the technology and infrastructure was by 47.16% of less sustainable category status. The result of leverage analysis of attributes for the dimensions of ecological, economic, social and cultural, legal and institutional as well as infrastructure and technology afforded twenty-two (22) leverage sensitive factors that influence the sustainability of farm forestry.

Keywords: farm forestry, South Sulawesi, management, sustainability

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5657 Reconciling the Fatigue of Space Property Rights

Authors: King Kumire

Abstract:

The Outer Space Treaty and the Moon Treaty have been the backbone of space law. However, scientists, engineers, and policymakers have been silent about how human settlement on celestial bodies would change the legal dimensions of space law. Indeed, these legal space regimes should have a prescription on how galactic courts should deal with the aspect of space property ownership. On this planet earth, one can vindicate his own assets. In extraterrestrial environments, this is not the case because space law is fatigued by terrestrial body sovereignty, which must be upheld. However, the recent commercialization of microgravity environments requires property ownership laws to be enacted. Space activities have mutated to the extent that it is almost possible to build communities in space. The discussions on the moon village concept will be mentioned as well to give clarity on the subject to the audience. It should be stated that launchers can now explore the cosmos with space tourists. The world is also busy doing feasibility studies on how to implement space mining projects. These activities indisputably show that the research is important because it will not only expose how the cosmic world is constrained by existing legal frameworks, but it will provide a remedy for how the inevitable dilemma of property rights can be resolved through the formulation of multilateral and all-inclusive policies. The discussion will model various aspects of terrestrial property rights and the associated remedies against what can be applicable and customized for use in extraterrestrial environments. Transfer of ownership in space is also another area of interest as the researcher shall try to distinguish between envisaged personal and real rights in the new frontier vis-a-vis mainland transfer transactions. The writer imagines the extent to which the concepts of servitudes, accession, prescription and commixes, and other property templates can act as a starting point when cosmic probers move forward with the revision of orbital law. The article seeks to reconcile these ownership constraints by working towards the development of a living space common law which is elastic and embroidered by sustainable recommendations. A balance between transplanting terrestrial laws to the galactic arena and the need to enact new ones which will complement the existing space treaties will be meticulously pivoted.

Keywords: rights, commercialisation, ownership, sovereignty

Procedia PDF Downloads 104
5656 Environmental Education Programmes in Oil Producing Indigenous Communities in Ogoniland, Nigeria

Authors: Lele Dominic Dummene

Abstract:

Economic development and environmental development have been a long-lasting debate between capitalist and environmentalist. It is also seen as a debate between modernisation, globalisation at one end, and environmental justice at the other end. Our society today is moving rapidly towards development and increased industrial revolutions, and globalisation. Indigenous communities in Ogoniland are also experiencing such development due to multinationals’ exploration of crude oil in the communities. The oil exploration activities have caused environmental, socio-economic, health, and political problems in indigenous communities in Ogoniland. These issues require depth understanding from all sectors (public, government, and corporate sectors) to address them. Hence, this paper presents the types of environmental education programs used in indigenous communities in Ogoniland to address environmental issues and other problems caused by oil exploration in Ogoniland, Nigeria. These environmental education programs contributes to environmental policy creation, development of environmental curriculum, and pragmatic actions towards mitigating environmental degradation and related environmental socio-economic and political issues in indigenous communities.

Keywords: environmental education, indigenous communities, environmental problems, ogoniland

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5655 The Importance of Student Feedback in Development of Virtual Engineering Laboratories

Authors: A. A. Altalbe, N. W Bergmann

Abstract:

There has been significant recent interest in on-line learning, as well as considerable work on developing technologies for virtual laboratories for engineering students. After reviewing the state-of-the-art of virtual laboratories, this paper steps back from the technology issues to look in more detail at the pedagogical issues surrounding virtual laboratories, and examines the role of gathering student feedback in the development of such laboratories. The main contribution of the paper is a set of student surveys before and after a prototype deployment of a simulation laboratory tool, and the resulting analysis which leads to some tentative guidelines for the design of virtual engineering laboratories.

Keywords: engineering education, elearning, electrical engineering, virtual laboratories

Procedia PDF Downloads 339
5654 The Role of State Practices and Custom in Outer Space Law

Authors: Biswanath Gupta, Raju Kd

Abstract:

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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5653 Mining User-Generated Contents to Detect Service Failures with Topic Model

Authors: Kyung Bae Park, Sung Ho Ha

Abstract:

Online user-generated contents (UGC) significantly change the way customers behave (e.g., shop, travel), and a pressing need to handle the overwhelmingly plethora amount of various UGC is one of the paramount issues for management. However, a current approach (e.g., sentiment analysis) is often ineffective for leveraging textual information to detect the problems or issues that a certain management suffers from. In this paper, we employ text mining of Latent Dirichlet Allocation (LDA) on a popular online review site dedicated to complaint from users. We find that the employed LDA efficiently detects customer complaints, and a further inspection with the visualization technique is effective to categorize the problems or issues. As such, management can identify the issues at stake and prioritize them accordingly in a timely manner given the limited amount of resources. The findings provide managerial insights into how analytics on social media can help maintain and improve their reputation management. Our interdisciplinary approach also highlights several insights by applying machine learning techniques in marketing research domain. On a broader technical note, this paper illustrates the details of how to implement LDA in R program from a beginning (data collection in R) to an end (LDA analysis in R) since the instruction is still largely undocumented. In this regard, it will help lower the boundary for interdisciplinary researcher to conduct related research.

Keywords: latent dirichlet allocation, R program, text mining, topic model, user generated contents, visualization

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5652 The Influence of Advertising in the Respect of the Right to Adequate Food: Some Notes regarding the Portuguese Legal Framework

Authors: Susana Almeida

Abstract:

The right to adequate food is a human right protected under several international human rights treaties of universal or regional application. In addition, this social right is – as we intend to demonstrate – guaranteed under the Portuguese Constitution. Therefore, in order to assure the protection of this right, the Portuguese State must not only abstain from interfering with this human right (negative obligation) but also take action to secure the human right to adequate food (positive obligation). In this context, the Portuguese State has developed several governmental policies, such as taxing sugary drinks, setting the maximum amount of salt in the bread or creating the National Program for the Promotion of Healthy Food. Nevertheless, we intend to demonstrate that special attention should be given to advertising, as advertisements have an extreme influence on the consumers' decisions and hence on the food decisions. In this paper, besides explaining the cross construction of the human right to adequate food, we aim to examine the Advertising Portuguese Code and to study the several provisions that could be held by the Portuguese consumer to challenge some advertisements due to the violation of the right to health and the right to adequate food. Moreover, having in mind the influence of advertising on the food decisions and the serious problems that unhealthy food may bring (e.g., child obesity), one should ask if this legal framework should not be reviewed in order to lay out some restrictions on advertising, namely setting advices like in alcohol advertisements.

Keywords: advertising code, consumer law, right to adequate food, social human right

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5651 Reforming the Law to Allow a Duress Defence to Those Committing Crime under Coercive Control

Authors: Amy Elkington

Abstract:

Women in abusive relationships who commit crimes under duress are unfairly treated by the English legal system. Despite the offence of Coercive Control being introduced in 2015 that recognises that a woman’s autonomy has been eroded, coercion is no longer a defence to women who feel compelled to act due to their partner’s behavior or abuse. This problem is intensified by the fact that women in abusive relationships are more likely to commit crimes to ensure their survival. Furthermore, the very fact that they are ‘associating’ with their abusive partners means that they are excluded from pleading a defence of duress. Women who kill their abusers may be able to reduce their conviction from murder to manslaughter, but this depends on successfully pleading either loss of control or diminished responsibility, both not without their issues, but this does not provide a defence where a lesser crime is committed. Self-defence is also widely unavailable to either murder or non-fatal offences, as the amount of force used is often deemed disproportionate because women are more likely to use weapons in their defence. Regardless, this would not provide a defence where the crime committed is one such as theft. An alternative that has been proposed would be to introduce a new defence that would work similarly to the exemption to prosecution afforded to those who are trafficked that commit crime under duress. Despite having support in the Lords in March 2021, this recommendation has been rejected by the Government on the basis that it would not achieve an appropriate balance of justice. The result is that abused women who commit crime are left without an appropriate defence. A doctrinal approach highlights the injustices in these types of cases and concludes that it is time for the current law of duress to change.

Keywords: coercive control, crime, defences, duress

Procedia PDF Downloads 184
5650 Europe's War on Refugees: The Increased Need for International Protection and Promotion of Migrant Rights

Authors: Rai Friedman

Abstract:

The recent migrant crisis has revealed an unmet demand for increased international protection and promotion of migrant rights. Europe has found itself at the centre of the migration crisis, being the recipient to the largest number of asylum-seekers since the conclusion of the second World War. Rather than impart a unified humanitarian lens of offering legal protections, the Schengen territory is devising new, preventative measures to confront the influx of asylum-seekers. This paper will focus on the refugee crisis in Europe as it relates to the Central Mediterranean route. To do so, it will outline the increased need for international protection for migrant rights through analyzing historic human rights treaties and conventions; the formation of the current composition of the Schengen area; the evolutionary changes in policies and legal landscapes throughout Europe and the Central Mediterranean route; the vernacular transformation surrounding refugees, migrants, and asylum-seekers; and expose the gaps in international protection. It will also discuss Europe’s critical position, both geographically and conceptually, critiquing the notion of European victimization. Lastly, it will discuss the increased harm of preventative border measures and argue for tangible sustainability solutions through economic programming models in highly vulnerable countries. To do so, this paper will observe a case study in Algeria that has conceded to an economic programming model for forced migrants. In 2017 amid worker shortages, Algeria announced it would grant African migrants’ legal status to become agriculturalists and construction workers. Algeria is one of the few countries along the Central Mediterranean route that has adopted a law to govern foreign nationals’ conditions of entry, stay and circulation. Thereafter, it will provide recommendations for solutions for forced migration along the Central Mediterranean route and advocate for strengthened protections under international law.

Keywords: refugees, migrants, human rights, middle east, Africa, mediterranean, international humanitarian law, policy

Procedia PDF Downloads 92
5649 Knowledge regarding Sexual and Reproductive Health among Adolescents in Higher Secondary School

Authors: Kopila Shrestha

Abstract:

Adolescent sexual reproductive health is one of the most important issues in the world. Reproductive ability is taking place at an earlier age and adolescents are indulging in risk taking behaviors day by day. A descriptive cross-sectional study was conducted in Kathmandu valley to assess the knowledge regarding sexual and reproductive health among adolescent. Total of 200 respondents were selected through non-probability convenient sampling technique. Self-administered written questionnaires using semi-structured questions were used. The collected data were analyzed by using descriptive statistics such as frequency, percentage, mean, standard deviation and inferential statistics such as Chi-square test. The findings revealed that most of the respondents had adequate knowledge regarding transmission and protection of HIV/AIDs and STIs but still some respondents had a misconception regarding it. Few respondents had knowledge regarding legal age for marriage and the minimum age for first child bearing. The statistical analysis revealed that the total mean knowledge score with standard deviation was 45.02±8.674. Nearly half of the respondents (49.5%) had a moderate level of knowledge, followed by an inadequate level of knowledge 29.5% and adequate level of knowledge 21.0% regarding sexual and reproductive health. There was significant association of level of knowledge with area of residence (p-value .002) but no association with age (p-value .067), sex (p-value .999), religion (p-value .082) and ethnicity (p-value .114). Nearly half of the participants possess some knowledge about sexual and reproductive health but still effective educational intervention is required in higher secondary school to encourage more sensible and healthy behaviour.

Keywords: adolescents, higher secondary school, knowledge, sexual and reproductive health

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5648 Maximising the Therapeutic Value of the Mental Capacity Act of Singapore for People Who Lack Legal Capacity

Authors: Kenji Gwee

Abstract:

The Mental Capacity Act is a new legislation that allows for lasting powers of attorney and court-appointed deputies, in respect of people who lack legal capacity. While the UK Act, after which the Singapore Act is modeled, has been shown to be therapeutic to donors, the Singapore Act differs from its UK counterpart and it is unclear if the Singapore Act can be beneficial to donors as purported. The purpose of this study was to determine what the perceptions of three groups of stakeholders (patients, caregivers and psychiatrists) are about the aspects of the Mental Capacity Act that are therapeutic to donors. In addition, ways to increase the therapeutic value of the Act to donors are sought. A qualitative methodology was used and the research was guided by two theoretical frameworks: therapeutic jurisprudence and an interpretive constructive framework. Interviews with 12 psychiatrists, and focus groups with twenty three patients and seven caregivers showed agreement that, allowing donors to nominate more than one decision- maker, and whistle-blowing mechanisms for recourse for abuse, were therapeutic to donors. To further increase the therapeutic value of the Act, 2 suggestions were made: the Act should provide for (i) advanced healthcare directives- allowing donors to make advance decisions to refuse treatment, or cease existing treatment, and (ii) independent advocacy services- to have a case worker to represent people who have no family or friends and are thus unable to find suitable donees.

Keywords: Mental Capacity Act, therapeutic jurisprudence, qualitative methodology, the UK Act

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5647 Security Threats on Wireless Sensor Network Protocols

Authors: H. Gorine, M. Ramadan Elmezughi

Abstract:

In this paper, we investigate security issues and challenges facing researchers in wireless sensor networks and countermeasures to resolve them. The broadcast nature of wireless communication makes Wireless Sensor Networks prone to various attacks. Due to resources limitation constraint in terms of limited energy, computation power and memory, security in wireless sensor networks creates different challenges than wired network security. We will discuss several attempts at addressing the issues of security in wireless sensor networks in an attempt to encourage more research into this area.

Keywords: wireless sensor networks, network security, light weight encryption, threats

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5646 Policy Initiatives That Increase Mass-Market Participation of Fuel Cell Electric Vehicles

Authors: Usman Asif, Klaus Schmidt

Abstract:

In recent years, the development of alternate fuel vehicles has helped to reduce carbon emissions worldwide. As the number of vehicles will continue to increase in the future, the energy demand will also increase. Therefore, we must consider automotive technologies that are efficient and less harmful to the environment in the long run. Battery Electric Vehicles (BEVs) have gained popularity in recent years because of their lower maintenance, lower fuel costs, and lower carbon emissions. Nevertheless, BEVs show several disadvantages, such as slow charging times and lower range than traditional combustion-powered vehicles. These factors keep many people from switching to BEVs. The authors of this research believe that these limitations can be overcome by using fuel cell technology. Fuel cell technology converts chemical energy into electrical energy from hydrogen power and therefore serves as fuel to power the motor and thus replacing heavy lithium batteries that are expensive and hard to recycle. Also, in contrast to battery-powered electric vehicle technology, Fuel Cell Electric Vehicles (FCEVs) offer higher ranges and lower fuel-up times and therefore are more competitive with electric vehicles. However, FCEVs have not gained the same popularity as electric vehicles due to stringent legal frameworks, underdeveloped infrastructure, high fuel transport, and storage costs plus the expense of fuel cell technology itself. This research will focus on the legal frameworks for hydrogen-powered vehicles, and how a change in these policies may affect and improve hydrogen fueling infrastructure and lower hydrogen transport and storage costs. These policies may also facilitate reductions in fuel cell technology costs. In order to attain a better framework, a number of countries have developed conceptual roadmaps. These roadmaps have set out a series of objectives to increase the access of FCEVs to their respective markets. This research will specifically focus on policies in Japan, Europe, and the USA in their attempt to shape the automotive industry of the future. The researchers also suggest additional policies that may help to accelerate the advancement of FCEVs to mass-markets. The approach was to provide a solid literature review using resources from around the globe. After a subsequent analysis and synthesis of this review, the authors concluded that in spite of existing legal challenges that have hindered the advancement of fuel-cell technology in the automobile industry in the past, new initiatives that enhance and advance the very same technology in the future are underway.

Keywords: fuel cell electric vehicles, fuel cell technology, legal frameworks, policies and regulations

Procedia PDF Downloads 100
5645 Managing Gender Based Violence in Nigeria: A Legal Conundrum

Authors: Foluke Dada

Abstract:

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

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

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5644 The Sustainability of Eco–City Model: Green and Energy Efficiency Technology-Related Framing and Selectivity Issues in Eco–City Projects in Stockholm

Authors: Simon Elias Bibri, Vera Minavere Bardici

Abstract:

In this article, we investigate framing, discursive and material selectivity as important issues that need to be addressed in the planning of eco–city as a model of sustainable urban form. Focusing on the Stockholm region in Sweden, we discuss issues of the contribution of eco–city model to sustainability and examine key themes associated with the construction of the discourse on eco–city projects, namely the integration of environmental, economic, and social sustainability as well as design and technology as solutions in urban projects documents pertaining specifically to Hammarby Sjöstad and Stockholm Royal Seaport. The article is divided into four sections. First, we elucidate the concept and problem of framing and discursive and material selectivity. Second, we briefly discuss the discourse of sustainability, sustainable urban forms, and eco–city, pointing out some key issues that need to be addressed in sustainable urban planning. In the third and main section of the article, we investigate plans and projects for sustainable urban development, focusing on framing and discursive and material selectivity issues in the construction of the discourse on eco–city projects in Stockholm and discussing the findings in terms of the integration of sustainability dimensions, the economic benefits of and the negative environmental effects of energy efficiency and green technology, the shaping influence of cultural frames, the links of eco–city to macro–processes of regulation, the technological orientation of eco–city projects and the associated selectivity aspects. The article concludes with a call for further research for the possibilities for a more environmentally sound and holistic approach to sustainable urban forms.

Keywords: framing, selectivity, sustainability, eco–city, sustainable urban form, design, energy efficiency, green technology, Hammarby Sjöstad, Stockholm Royal Seaport

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5643 The Hijras of Odisha: A Study of the Self-Identity of the Eunuchs and Their Identification with Stereotypical Feminine Roles

Authors: Purnima Anjali Mohanty, Mousumi Padhi

Abstract:

Background of the study: In the background of the passage of the Transgender Bill 2016, which is the first such step of formal recognition of the rights of transgender, the Hijras have been recognized under the wider definition of Transgender. Fascinatingly, in the Hindu social context, Hijras have a long social standing during marriages and childbirths. Other than this ironically, they live an ostracized life. The Bill rather than recognizing their unique characteristics and needs, reinforces the societal dualism through a parallelism of their legal rights with rights available to women. Purpose of the paper: The research objective was to probe why and to what extent did they identify themselves with the feminine gender roles. Originality of the paper: In the Indian context, the subject of eunuch has received relatively little attention. Among the studies that exist, there has been a preponderance of studies from the perspective of social exclusion, rights, and physical health. There has been an absence of research studying the self-identity of Hijras from the gender perspective. Methodology: The paper adopts the grounded theory method to investigate and discuss the underlying gender identity of transgenders. Participants in the study were 30 hijras from various parts of Odisha. 4 Focus group discussions were held for collecting data. The participants were approached in their natural habitat. Following the methodological recommendations of the grounded theory, care was taken to select respondents with varying experiences. The recorded discourses were transcribed verbatim. The transcripts were analysed sentence by sentence, and coded. Common themes were identified, and responses were categorized under the themes. Data collected in the latter group discussions were added till saturation of themes. Finally, the themes were put together to prove that despite the demand for recognition as third gender, the eunuchs of Odisha identify themselves with the feminine roles. Findings: The Hijra have their own social structure and norms which are unique and are in contrast with the mainstream culture. These eunuchs live and reside in KOTHIS (house), where the family is led by a matriarch addressed as Maa (mother) with her daughters (the daughters are eunuchs/effeminate men castrated and not castrated). They all dress up as woman, do womanly duties, expect to be considered and recognized as woman and wife and have the behavioral traits of a woman. Looking from the stance of Feminism one argues that when the Hijras identify themselves with the gender woman then on what grounds they are given the recognition as third gender. As self-identified woman; their claim for recognition as third gender falls flat. Significance of the study: Academically it extends the study of understanding of gender identity and psychology of the Hijras in the Indian context. Practically its significance is far reaching. The findings can be used to address legal and social issues with regards to the rights available to the Hijras.

Keywords: feminism, gender perspective, Hijras, rights, self-identity

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5642 The Impact of Corporate Governance Regulation in the Nigerian Banking Sector

Authors: Simisola I. Akintoye, Sunday K. Iyaniwura

Abstract:

Recent global corporate failures have called for increase in the need to regulate corporate governance across the world. In Nigeria, the impact of corporate governance regulation in the banking sector has reached epidemic levels contributing to the country’s economic depression. This study critically evaluates Nigeria’s corporate governance regime and explores how weak regulation has impacted on the banking sector. By adopting a socio legal methodology, the study analyses both theoretical and empirical works from a socio-scientific point of view to examine the role of Nigeria’s legal, cultural and social arrangements in corporate governance regulation. The study reveals that Nigeria’s institutional arrangement has contributed to its weak system of corporate governance regulation with adverse effects on the banking sector. The research mainly impacts on current global corporate governance literature in sub-Saharan Africa by contributing to knowledge of the peculiarities of corporate governance regulation in different institutional jurisdictions. The particular focus on emerging economies such as Nigeria expands on the need for countries to develop a bespoke system of corporate governance regulation that takes into consideration the peculiarities of individual countries devoid of external influence.

Keywords: banks, corporate governance, emerging economies, Nigeria

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5641 Impact of Implementation of Right to Education in Pakistan

Authors: Rukhsar Ahmed, Jawed Aziz Masudi

Abstract:

In the present study, an attempt has been made about the right to an education in Pakistan. The research is the focus in respect of International Law Article 26 of the Universal Declaration of Human Rights. The main motivation behind getting great training is, as a rule, decent resident and afterward being effective in close to home and expert life. We are fragmented without decent instruction since training makes us the right mastermind and right chief. In such a focused world, instruction has turned into a need for people after sustenance, dress and haven. It can give answers for all issues; it advances great propensities and mindfulness about defilement, fear-mongering, and other social issues among us.

Keywords: education, right to education, human right, universal declaration, law

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5640 Psychiatric/Psychological Issues in the Criminal Courts In Australia

Authors: Judge Paul Smith

Abstract:

Abstract—This paper addresses the use and admissibility of psychiatric/psychological evidence in Australia Courts. There have been different approaches in the Courts to the acceptance of such expert evidence. It details how such expert evidence is admissible at trial and sentence. The methodology used is an examination of the decided cases and relevant legislative provisions which relate to the admission of such evidence. The major findings are that the evidence can be admissible if it is relevant to issues in a trial or sentence. It concludes that psychiatric/psychological evidence can be very useful and indeed may be essential at sentence or trial.

Keywords: criminal, law, psychological, evidence

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5639 Risk Analysis in Off-Site Construction Manufacturing in Small to Medium-Sized Projects

Authors: Atousa Khodadadyan, Ali Rostami

Abstract:

The objective of off-site construction manufacturing is to utilise the workforce and machinery in a controlled environment without external interference for higher productivity and quality. The usage of prefabricated components can save up to 14% of the total energy consumption in comparison with the equivalent number of cast-in-place ones. Despite the benefits of prefabrication construction, its current project practices encompass technical and managerial issues. Building design, precast components’ production, logistics, and prefabrication installation processes are still mostly discontinued and fragmented. Furthermore, collaboration among prefabrication manufacturers, transportation parties, and on-site assemblers rely on real-time information such as the status of precast components, delivery progress, and the location of components. From the technical point of view, in this industry, geometric variability is still prevalent, which can be caused during the transportation or production of components. These issues indicate that there are still many aspects of prefabricated construction that can be developed using disruptive technologies. Practical real-time risk analysis can be used to address these issues as well as the management of safety, quality, and construction environment issues. On the other hand, the lack of research about risk assessment and the absence of standards and tools hinder risk management modeling in prefabricated construction. It is essential to note that no risk management standard has been established explicitly for prefabricated construction projects, and most software packages do not provide tailor-made functions for this type of projects.

Keywords: project risk management, risk analysis, risk modelling, prefabricated construction projects

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5638 Using Focused Free-Writing to Help English to Speakers of Other Languages Students Generate Ideas for Critical, Academic Writing

Authors: Ratnawati Mohd Asraf, Sabreena Ahmed

Abstract:

This paper describes how the method of focused freewriting can be used to help teachers to foster critical thinking through writing. In this study, we used focused freewriting during the pre-writing stage of our writing course to help our English to Speakers of Other Languages (ESOL) students to generate ideas and to think critically about the issues they were to write on. In each of the four classes where we applied this technique, we used pictures or videos to stimulate their thinking during the prewriting stage of writing and then asked them to write non-stop for ten minutes about whatever that came to their minds as a result of being presented with these prompts. We then asked them to focus on the themes that emerged from their brief writing. Using observations, in-depth interviews, and an analysis of their brief essays, our study found that focused freewriting helped our students to generate ideas and think critically about the issues they were writing on. We postulate that by using focused freewriting and discussions during the prewriting stage of writing, instructors can help their students to think critically about various issues and facilitate their efforts at organising their arguments for critical, academic essays.

Keywords: academic writing, critical writing, critical thinking, focused free-writing, pre-writing

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5637 Factors Influencing the Use of Green Building Practices in the South African Residential Apartment Construction

Authors: Mongezi Nene, Emma Ayesu-Koranteng, Christopher Amoah, Ayo Adeniran

Abstract:

Although its use has been criticized over the years as being unencouraging, the green building concept is quickly overtaking other concepts, particularly in the construction of commercial properties. The goal of the study is to identify the variables influencing the use of green building practices when developing residential structures. A qualitative methodology, using interviews with semi-structured open-ended questions to 35 property practitioners operating residential apartments in Bloemfontein, South Africa, was used to collect primary data which was analysed using thematic content analysis. The findings show that while respondents have a good understanding of green building principles, they are not being used in the construction of residential buildings in South Africa due to issues with green building approval procedures, the potential for tenant rent increases, the cost of materials, technical issues, contractual issues, and a lack of awareness, among others. This paper recommends among others an urgent need to implement measures by stakeholders towards enhancing the adoption of green building concepts in the construction of residential buildings as well as incentivising its construction through lowered property rates.

Keywords: green building, residential apartments, construction, South Africa

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