Search results for: organisational Justice
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 985

Search results for: organisational Justice

325 The Perceived Impact of Consultancy Organisations and Social Enterprises: Converging and Diverging Discourses

Authors: Seda Muftugil-Yalcin

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With the proliferation of the number of social enterprises worldwide, there is now a whole ecosystem full of different organisational actors revolving around social enterprises. Impact hubs, incubation centers, and organisations (profit or non-profit) that offer consultancy services to social enterprises can be said to constitute one such cluster in the eco-system. These organisations offer a variety of services to social enterprises which desire to maximize their positive social impact. Especially with regards to impact measurement, there are numerous systems/guides/approaches/tools developed that claim to benefit social enterprises. Many organisations choose one of the existing tools and craft programs that help social enterprises to measure and to manage their social impacts. However, empirical evidence with regards to how the services of these consultancy organisations are precisely utilized on the field is scarce. This inevitably casts doubt on the impact of these organisations themselves. This research dwells on four case studies from the Netherlands and Turkey. In each country, two university-affiliated impact centers and two independent consultancy agencies that work with social entrepreneurs in the area of social impact measurement are closely examined. The overarching research question has been 'With regards to impact measurement, how do the founders/managers of these organisations perceive and make sense of their contribution to social enterprises and to the social entrepreneurship eco-system at large?' As for methodology, in-depth interviews were carried out with the managers/founders of these organisations and discourse analysis method has been used for data analysis together with grounded theory. The comparison between Turkey and Netherlands elucidate common denominators of impact measurement hype and discourses that are currently existing worldwide. In addition, it also reveals differing priorities of social enterprises in these different settings, which shape the expectations of social enterprises of consultancy organisations. Comparison between university affiliated impact hubs and independent consultancy organisations also give away important data about how different forms of consultancy organisations (in this case university based and independent) position themselves in relation to alike organisations with similar aims. The overall aim of the research is to reveal the contribution of the consultancy organisations that work with social enterprises to the social entrepreneurship field as perceived by them through a cross cultural study. The findings indicate that in both settings, the organisations that were claiming to bring positive social impact on the social entrepreneurship eco-system through their impact measurement trainings were themselves having a hard time in concretizing their own contributions; which indicated that these organisations were in need of a different impact measurement discourse than the ones they were championing.

Keywords: consultancy organisations, social entrepreneurship, social impact measurement, social impact discourse

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324 A Comparative Study of Language Used in English Newspaper Dailies of Mumbai in Addressing Disability Related Issues

Authors: Amrin Moger, Martin Mathew, Sagar Bhalerao

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Mass media may be categorized into print and digital, former being the traditional form of reaching the masses to inform and educate on various issues. The Indian print media is more than two centuries old. Its strengths have largely been shaped by its historical experience and, in particular, by its association with the freedom struggle as well as movements for social emancipation, reform, and amelioration. Therefore, it is highly regarded in the Indian society. Persons with disability are part of Indian Society. Persons with Disability have always been looked down upon and not considered as part of the society. People with disabilities were commonly feared, pitied, and neglected. Much of the literature on disability in India has pointed to the importance of the concept of karma in attitudes to disability, with disability perceived either as punishment for misdeeds in the past lives of the PWD, or the wrongdoings of their parents. Some Indian authors consider the passage of the PWD Act as a landmark step in the history of rehabilitation services in India have put it, ‘At a profoundly serious and spiritual level, disability represents divine justice’. The newspaper has to play a role where it changes this attitude of the people. A short comparative content analysis of two English newspapers of Mumbai edition was selected, to analyze the language that is used for reporting disability issues. Software Package for Social Science (SPSS) was used to gather and analyze data.

Keywords: content analysis, disability, newspaper dailies, language

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323 Compilation of Islamic Law as Law Applied Religious Courts in Indonesia (Responding to Changes in Religious Courts Authority)

Authors: Hamdan Arief Hanif, Rahmat Sidiq

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Indonesia is a country of law, the legal system adopted by Indonesia is a civil law system. A major feature of the civil law is the codified legislation. Meanwhile the majority of society Indonesia are Muslims, whilst Islamic law itself having the sources written in Qur'an, Sunnah and the opinion of Muslim scholars, generally not codified in book form of legislation that is easy on the set as a reference. in Indonesia, many scholars have different opinions in decisions so that there is no legal certainty in Muslim civil cases, so the need for legal codification, which, as the source of the judges in deciding a case, especially a case in religious courts. This paper raised the topic of discussion which offers a solution to the application of the codification of the Islamic Law which became the core resources in delivering a verdict against Islamic civil related issue; codification usually called a compilation of Islamic Law. Compilation of Islamic Law is highly recommended as a core reference for the judges in religious courts in Indonesia. This compilation which includes a collection of large number of opinions scholars (book of fiqh) that existed previously and are ripened in deduce in order to unify the existing differences. This paper also discusses how the early formation of the compilation and as the right solution in order to create legal certainty and justice especially for the muslim community in Indonesia.

Keywords: Islamic law, compilation, law applied core, religious court

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

Authors: Amy Elkington

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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

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321 Challenging in Public Acceptability of Islamic Banking

Authors: Muhammad Ali Khan

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Although most Muslims are aware that Riba is a great sin in Islamic Shariah, they still do not find themselves inclined toward Islamic banking for their financial needs/activities/requirements. The main purpose of this research work is to analyse the general trend of people's views and miss conceptions among them regarding Islamic Banking and therefore suggest promoting Islamic banking. Scholars believe that Islamic finance is more stable than conventional banking because of the nature of its banking practices, which are based on real assets or partnerships. This is why Islamic banking is growing fastly worldwide, particularly in the wake of global financial crisis. Even though the scope of Islamic banking is expanding on a daily basis yet, it is not gaining the popularity it deserves. Islam declares war against Allah and his last messenger Hazrat Muhammad (PBUM) as it is a great sin and strictly forbids all interest-based transactions. Holy Quran revealed, O you who believe, do not eat up the amounts acquired through Riba (interest), doubled and multiplied. Fear Allah, so that you may be successful. Therefore a, true Muslim who believe in Judgement day always make all efforts in their life to avoid gambling and other speculative activities like Riba for themselves and their loved ones. If a Muslim does not fight against Riba to protect himself and his family, then his faith is meaningless. Allah issues warnings at numerous places in the holy Quran regarding Riba and its sin. Thus, Islamic banking is an alternative banking system where banking transactions are based on Islamic principles. The major component of Islamic Banking is Profit and loss sharing (PLS), as well as ensuring economic justice and equity.

Keywords: Islamic banking, Riba, interest, financial crises

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320 Social Inclusion Challenges in Indigenous Communities: Case of the Baka Pygmies Community of Cameroon

Authors: Igor Michel Gachig, Samanta Tiague

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Baka ‘Pygmies’ is an indigenous community living in the rainforest region of Cameroon. This community is known to be poor and marginalized from the political, economic and social life, regardless of sedentarization and development efforts. In fact, the social exclusion of ‘Pygmy’ people prevents them from gaining basic citizen’s rights, among which access to education, land, healthcare, employment and justice. In this study, social interactions, behaviors, and perceptions were considered. An interview guide and focus group discussions were used to collect data. A sample size of 97 was used, with 60 Baka Pygmies and 37 Bantus from two Baka-Bantu settlements/villages of the south region of Cameroon. The data were classified in terms of homogenous, exhaustive and exclusive categories. This classification has enabled factors explaining social exclusion in the Baka community to be highlighted using content analysis. The study shows that (i) limited access to education, natural resources and care in modern healthcare organizations, and (ii) different views on the development expectations and integration approaches both highlight the social exclusion in the Baka ‘Pygmies’ community. Therefore, an effective and adequate social integration of ‘Pygmies’ based on cultural peculiarities and identity, as well as reduction of disparities and improvement of their access to education should be of major concern to the government and policy makers.

Keywords: development, indigenous people, integration, social exclusion

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319 Hausa Home Videos: A Template for Global Peace

Authors: Ibrahim Uba Yusuf

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Conflict is a subject or, better put, theme that primarily dominates Hausa home videos. Conflict in Hausa home videos is one of the sources of attraction to viewers, but do such films achieve anything? The Hausa home video industry in Northern Nigeria, popularly called Kannywood has been making attempts by producing cultural products for consumption within and outside the country. The ability of the industry to connect issues of concern within the region is an effort to reckon with. This paper, therefore, examines how Hausa home videos on peacebuilding can serve as a template for peacebuilding. This is coming at a time when global attention to peacebuilding is increasing. The inclusion of peacebuilding as SDG Goal suggests the need for utilizing other approaches that can enhance peace in risk societies like Nigeria. The paper based its arguments using the key proponents of the auteur theory—the director’s bias, thoughts, and sense of reasoning shape the issues emphasized in the home videos. The paper argues that Hausa home video industry is one medium amongst the many producing discourse about peacebuilding, conflict, and justice, social cohesion, education, and understanding, as well as raising social consciousness on issues of public concern. It is the conclusion of the paper that Hausa home videos produced on sustaining peacebuilding in Northern Nigeria are cultural products that have become lenses to understanding the interplay between representations or portrayal of conflict and peaceful resolutions of the conflicting issues.

Keywords: hausa home videos, peacebuilding, conflict, northern Nigeria

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318 Positive Thinking Reexamined: The Reality of the Role of Negativity & Emotions in the Pursuit of Goals

Authors: Lindsay Foreman

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Introduction: Goals have become synonymous with the quest for the good life and the pursuit of happiness, with coaching and positive psychology gaining popularity as an approach in recent decades. And yet mental health is on the rise and the leading cause of disability, wellbeing is on the decline, stress is leading to 50-60% of workday absences and the need for action is indisputable and urgent. Purpose: The purpose of this study is to better understand two things we cannot see, but that play the most significant role in these outcomes - what we think and how we feel. With many working on the assumption that positive thinking and an optimistic outlook are necessary or valuable components of goal pursuit, this study uncovers the reality of the ‘inner-game’ from the coachees perspective. Method: With a mixed methods design using a Q Method study of subjectivity to ‘make the unseen seen’. First, a wide-ranging universe of subjective thoughts and feelings experienced during goal pursuit are explored.. These are generated from literature and a Qualtrics survey to create a Q-Set of 40 statements. Then 19 participants in professional and organisational settings offer their perspectives on these 40 Q-Set statements. Each rank them in a semi-forced distribution from ‘most like me’ to ‘least like me’ using Q-Sort software. From these individual perspectives, clusters of perspectives are identified using factor analysis and four distinct viewpoints, have emerged. Findings: These Goal Pursuit Viewpoints offer insight into the states and self-talk experienced by coachees and may not reflect the assumption of positive thinking associated with achieving goals. The four Viewpoints are 1) the Positive View, 2) the Realistic View 3) The Dreamer View and 4) The Conflicted View. With only a quarter of the Dreamer View, and a third of the Positive view going on to achieve their goals, these assumptions need review. And with all the Realistic View going on to achieve their goals, the role of self-doubt, overwhelm and anxiousness in goal achievement cannot be overlooked. Contribution: This study offers greater insight and understanding of people's inner experiences as they pursue goals and highlights the necessary and normal negative states associated with goal achievement. It also offers a practical tool of 40 ‘Clarity Card’ Q-set statements to help coaches and coachees explore the current state and help navigate the journey towards goal achievement. It calls into question whether goals should always be part of coaching, and if values, identity, and purpose may play a greater role than goals

Keywords: self-talk, mental health, inner critic, inner coach

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317 Critical Pedagogy in the Philippine K-12 Grade 8 Values Education Curriculum and Textbook

Authors: Raymon Maac, Michael Arthus Muega, Joyce Ann Calingasan, Elva Maureen Gorospe

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Critical pedagogy is known for its advocacy of humanistic and liberating education. Its far-reaching approach helps students to understand and analyze their own situations and the realities happening in their society. However, this pedagogy together with its promising features is not well-known in the Philippines. This paper determines the place of critical pedagogy in the new values education curriculum and analyzes its features in the K-12 Values Education curriculum and textbook. The study examines the position of critical pedagogy in the Philippine K-12 Values Education curriculum by closely studying and comparing their features; and scrutinizes the Grade 8 Values Education textbook specifically modules 4, 8, 10 and 13 which comprises 25% of the total 16 modules. The said modules are concerned with the role of the family in the preservation of social justice, which is one of the objectives of critical pedagogy. The findings in this research were based on the pieces of evidence gathered from the curriculum and textbook itself. Based on the evaluation done, the study found out that the ideas of critical pedagogy were the same with that of the objectives of K-12 Values Education Curriculum. Due to this, values education teachers can utilize critical pedagogy in their subject. In addition, the K-12 Values Education curriculum exhibits some of the features of critical pedagogy such as authentic student empowerment and critical thinking. Lastly, some features of critical pedagogy are also evident in some of the general parts and recommended activities in the K-12 Values Education textbook while other activities need to be fully developed by both teacher and students to reflect the genuine critical pedagogy.

Keywords: authentic student empowerment, critical pedagogy, critical thinking, liberating education

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316 The Effect of Experimentally Induced Stress on Facial Recognition Ability of Security Personnel’s

Authors: Zunjarrao Kadam, Vikas Minchekar

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The facial recognition is an important task in criminal investigation procedure. The security guards-constantly watching the persons-can help to identify the suspected accused. The forensic psychologists are tackled such cases in the criminal justice system. The security personnel may loss their ability to correctly identify the persons due to constant stress while performing the duty. The present study aimed at to identify the effect of experimentally induced stress on facial recognition ability of security personnel’s. For this study 50, security guards from Sangli, Miraj & Jaysingpur city of the Maharashtra States of India were recruited in the experimental study. The randomized two group design was employed to carry out the research. In the initial condition twenty identity card size photographs were shown to both groups. Afterward, artificial stress was induced in the experimental group through the difficultpuzzle-solvingtask in a limited period. In the second condition, both groups were presented earlier photographs with another additional thirty new photographs. The subjects were asked to recognize the photographs which are shown earliest. The analyzed data revealed that control group has ahighest mean score of facial recognition than experimental group. The results were discussed in the present research.

Keywords: experimentally induced stress, facial recognition, cognition, security personnel

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315 The Structure of Financial Regulation: The Regulators Perspective

Authors: Mohamed Aljarallah, Mohamed Nurullah, George Saridakis

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This paper aims and objectives are to investigate how the structural change of the financial regulatory bodies affect the financial supervision and how the regulators can design such a structure with taking into account; the Central Bank, the conduct of business and the prudential regulators, it will also consider looking at the structure of the international regulatory bodies and what barriers are found. There will be five questions to be answered; should conduct of business and prudential regulation be separated? Should the financial supervision and financial stability be separated? Should the financial supervision be under the Central Bank? To what extent the politician should intervene in changing the regulatory and supervisory structure? What should be the regulatory and supervisory structure when there is financial conglomerate? Semi structure interview design will be applied. This research sample selection contains a collective of financial regulators and supervisors from the emerged and emerging countries. Moreover, financial regulators and supervisors must be at a senior level at their organisations. Additionally, senior financial regulators and supervisors would come from different authorities and from around the world. For instance, one of the participants comes from the International Bank Settlements, others come from European Central Bank, and an additional one will come from Hong Kong Monetary Authority and others. Such a variety aims to fulfil the aims and objectives of the research and cover the research questions. The analysis process starts with transcription of the interview, using Nvivo software for coding, applying thematic interview to generate the main themes. The major findings of the study are as follow. First, organisational structure changes quite frequently if the mandates are not clear. Second, measuring structural change is difficult, which makes the whole process unclear. Third, effective coordination and communication are what regulators looking for when they change the structure and that requires; openness, trust, and incentive. In addition to that, issues appear during the event of crisis tend to be the reason why the structure change. Also, the development of the market sometime causes a change in the regulatory structure. And, some structural change occurs simply because of the international trend, fashion, or other countries' experiences. Furthermore, when the top management change the structure tends to change. Moreover, the structure change due to the political change, or politicians try to show they are doing something. Finally, fear of being blamed can be a driver of structural change. In conclusion, this research aims to provide an insight from the senior regulators and supervisors from fifty different countries to have a clear understanding of why the regulatory structure keeps changing from time to time through a qualitative approach, namely, semi-structure interview.

Keywords: financial regulation bodies, financial regulatory structure, global financial regulation, financial crisis

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314 Revitalization of Pancasila as an Alternative Solution to the Conflict in Indonesia Is Based on a Case Study of Separatist Movements in Papua

Authors: Teten Masduki

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Indonesia is a unitary state which has a wide range of cultures, local languages, religions, ethnicity, race, traditions, and beliefs held by people who are scattered in several islands Indonesia. But with such diversity has the potential to cause various problems in society. Because one of the characteristics of diversity is the difference. Unresolved differences could develop into conflicts or contradictions in society. Pancasila as the philosophy and ideology of the nation was stated in the opening of the 1945 Constitution as an alternative solution to the conflict that occurred in Indonesia. Because the ideology of Pancasila role as a nation and also as an integral tool that upholds humanity, justice, unity, harmony, and balance on the belt by the five precepts. If the values contained in Pancasila can be applied and lived by the public of Indonesia, it will be the creation of a just, peaceful and peace. However, the lack of public awareness in implementing pancsila can lead to conflict within the community itself, such as the existence of separatist movements in Papua who gathered in the Organisasi Papua Merdeka (OPM) with the active movement that has a lot of casualties. This paper raised the topic of which offer solutions revitalization (reviving) the values of Pancasila as an alternative solution to the conflict in Indonesia is based on a case study of separatist movements in Papua. This paper will also discuss the implementation of strategic steps in the implementation of solutions which are summarized in the conclusions of this paper.

Keywords: Pancasila, separatism, revitalization, democracy

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313 Perfect Prey: Coercive Control and Subjugation, A Foundation for Dismissing the Truth

Authors: Christine Marie Cocchiola

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This study assesses the relationship between coercive control and subjugation. Coercive control is the foundation of most domestic violence and a serious public health problem, having significant legal and social justice ramifications. Beyond the physical, it oftentimes is preceded by or motivated by a need for control. Subjugation, as a personality trait and a maladaptive schema, leads individuals to minimize their own needs or wants and, thereby, often to a loss of autonomy, a dismissal of what one might know to be true. This includes a dismissal of the trademarks of an abusive relationship. Subjugation may contribute to a person engaging in or remaining in a coercively controlling relationship. One hundred fifty-four female survivors of domestic violence participated in this study, assessing their own level of subjugation. Participants were limited to individuals who experienced non-physical abuse in their relationships. Subjugation was attributed as a “concern” or greater in 137 of the 154 participants. 11 participants were interviewed to determine their personal experiences in this abusive relationship. Common themes emerged from interviews, including that the participants worked diligently to fix these abusive relationships by regulating their own behaviors and attempting to please the offender. The results indicate a continued need for advocacy and support of this vulnerable population. Further education is indicated for mental health professionals and for individuals in or having left an abusive relationship on how to identify signs of subjugation, thereby empowering individuals to avoid future experiences of abuse.

Keywords: coercive control, intimate partner violence, subjugation, schemas, gender oppression, autonomy, gaslighting

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312 Trafficking, Forced Prostitution, and Minors in the Sex Trade in Post-Legalisation New Zealand

Authors: Natalie Thorburn

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New Zealand legalised and regulated prostitution 13 years ago with the hope of eradicating unsafe or exploitative practices in the sex trade, but the extent to which this has been successful has been hotly contested, with the New Zealand Government denying any existence of sex trafficking and evidence generally indicating the success of the 2004 reform. The aim of the research was therefore to establish the circumstances in which sex trafficking may be occurring without using any previously instrumental gatekeepers of the New Zealand sex industry. 14 survivors of gang, family, or intimate partner trafficking (all of whom had first been trafficked prior to the age of 16) were interviewed, as well as several key informants. It was found that there was a perceived lack of commitment by Police to investigate instances of trafficking, and this was considered to be linked to the legal status of prostitution. The lack of recognition at both community and political levels of the existence and prevalence of trafficking also meant that medical and social service practitioners were unaware trafficking was occurring, and would not know who to refer to if it was disclosed. Participants commonly normalised coercion into sex, seeing this as a continuation of prior sexually abusive experiences that were prevalent in their childhood and early adolescent environments. Their experiences with the helping services were typically either negative or non-existent, and they expressed frustration regarding the absence of justice, the lack of awareness, and health and outcomes they suffered in relation to their experiences of having been trafficked. Barriers to engagement and strategies to facilitate meaningful and sustainable engagement with this population group are therefore presented.

Keywords: legalisation, regulation, service access, socio-political context

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311 Internalising Islamic Principles of Theocracy as a Pedestal for Good Governance in Nigeria

Authors: Busari Moshood Olanyi

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Good governance remains the expectation of every political party in power, especially in this democratic dispensation of the Nigerian Nation. The need to ensure that the citizenry enjoys the dividends of democracy as often promised during various electioneering campaigns is envisioned to be the motif for different agendas and political slogans by different administrations. Unfortunately, different political agendas towards the security of lives and properties, halting the pillage of the economy by corrupt public officials and creation of employment opportunities for the youths, have a record of setback in the history of political leadership and governance in Nigeria. Therefore, the paper examined the principles of Islamic theocracy in its advocacy for a paradigm shift in the Nigerian political system, with a view to engendering good governance. Islamic political terms such as Shūrā (mutual consultation), ‘Adālah (equality and justice), Khilāfah (succession and stewardship) Majlis ash-Shūrā (consultative forum) and Muḥāsabah (accountability) were espoused as sacrosanct to implementing Islamic theocracy as an alternative system of government in Nigeria. The paper concluded by being flexible on the nomenclature of the suggested political system, considering the multi-religious nature of the country as a political entity. Among other recommendations, infusion of politics into our moral/religious system and not the other way round was considered a good step in the direction of a political paradigm shift for ensuring good governance and guaranteeing its sustainability in Nigeria.

Keywords: Nigerian nation, democracy, good governance, Islamic theocracy, paradigm shift

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310 The Impact of Cognition and Communication on the Defense of Capital Murder Cases

Authors: Shameka Stanford

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This presentation will discuss how cognitive and communication disorders in the areas of executive functioning, receptive and expressive language can impact the problem-solving and decision making of individuals with such impairments. More specifically, this presentation will discuss approaches the legal defense team of capital case lawyers can add to their experience when servicing individuals who have a history of educational decline, special education, and limited intervention and treatment. The objective of the research is to explore and identify the correlations between impaired executive function skills and decision making and competency for individuals facing death penalty charges. To conduct this research, experimental design, randomized sampling, qualitative analysis was employed. This research contributes to the legal and criminal justice system related to how they view, defend, and characterize, and judge individuals with documented cognitive and communication disorders who are eligible for capital case charges. More importantly, this research contributes to the increased ability of death penalty lawyers to successfully defend clients with a history of academic difficulty, special education, and documented disorders that impact educational progress and academic success.

Keywords: communication disorders, cognitive disorders, capital murder, death penalty, executive function

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309 The EU’s Role in Exporting Digital Privacy and Security Standards: A Legal Framework for Global Normative Diffusion

Authors: Yuval Reinfeld

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This paper explores the European Union’s expanding influence as a global regulatory power, particularly in the realms of legal, security, and privacy challenges within the digital landscape. As digital regulation becomes increasingly vital, the EU has positioned itself as a leading exporter of privacy and cybersecurity standards through landmark frameworks like the General Data Protection Regulation (GDPR), the Artificial Intelligence Act (AIA), and the Digital Services Act (DSA). These regulations have set global benchmarks, extending their influence well beyond Europe’s borders by shaping legal frameworks in third countries and guiding the development of global digital governance. Central to this regulatory diffusion is the European Court of Justice (CJEU), whose rulings consistently reinforce and extend the reach of EU standards on an international scale. Through mechanisms such as trade agreements, adequacy decisions, and multilateral cooperation, the EU has constructed a regulatory ecosystem that other jurisdictions increasingly adopt. This paper investigates key CJEU cases to illustrate how the EU’s legal instruments in privacy, security, and AI contribute to its role as a global standard-setter. By examining the intersection of digital governance, international law, and normative power, this research provides a thorough analysis of the EU’s regulatory impact on global privacy, cybersecurity, and AI frameworks.

Keywords: digital privacy, cybersecurity, GDPR, European Union Law, artificial intelligence, global normative power

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308 Urgency of Islamic Economic System Implementation in Indonesian Banking

Authors: Muhammad Rifqi Hafizhudin Arif, Mukhamad Zulfal Faradis, Ahmad Hidayatullah

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Indonesia is the country that uses conventional financial system adopted from European countries as a form of finance in the national banking system. Many of the derivative products of conventional banks either investment, buy and sell, saving and loan, which is not in accordance with Islamic Ethics. While the majority population in Indonesia are belief in Islam, which Islam has had financial management guide is written in the Quran, the Hadith, as well as the opinions of experts who strongly prohibits the use of interest in each transaction activities. Many different expert opinions on the application of the Islamic financial system in Indonesia. However, as the majority of the population of Indonesia, Islamic community have not been able to get the opportunities to choose the Islamic financial system that has mutual benefit between consumers and banks, particularly fairness in transactions, ethical investment, uphold the values of solidarity and brotherhood in every transaction activities, and avoid speculation. In this paper, we will discuss the reasons for the importance of providing an option for Islamic community as the majority of the population of Indonesia to use the banking system which adopted the Islamic ethical values that have been much discussed by other researchers in various countries. The existence of this research is expected to Government, academia and the general public aware of the urgency of Islamic economic system implementation in Indonesian banking as the solution and justice especially for the Islamic community to use the values which they held.

Keywords: Islamic economic system, conventional system, Islamic value, banking

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307 Imperialism, Sustainability and Role of United States of America

Authors: Subhashini Chaturvedi

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The New World Order of the 21st century which is largely lead by Global Technological Leadership, and a workforce of United Nations coming together in the wake of our planet's future. The objective of this study is to understand the approach taken to implement sustainable use of resources and adequate architectural interventions. The framework of global policies in terms of sustainability has to be checked whether they commensurate and do justice to various nations with highly variable resource availability and development index. The method used to analyse the subject is a study of linkage between Age, Development, and exertion of the land, which attribute to the history of nations worldwide. The study also questions whether the use of term Sustainability is even ethical to be suggested in under developed or developing nations. Evolving through examples of American Imperialism to steady decline of Indian state of Punjab over last few decades, shows how sustainability has acted like scoop taken from a whole container in case of developed societies whereas it has acted like scratching the bottom of an empty container in case of embryonic societies where needs for sustenance are still far fed. The result comes out in favour of more innovative and rational implementation of architecture, sustainability and urban planning in context to indigenous space of a society and its statistics. The bridge to reduce the gap of fiscal deficit in resource premises can be consolidated by balancing on a global level majorly and this research paper is in the pursuance of the same idea.

Keywords: developing nations, economy, holistic development, innovation, logical approach, statistics, USA

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

Authors: Natalia Kalinowska

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

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

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305 The Thoughts and Feelings Associated with Goal Achievement

Authors: Lindsay Foreman

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Introduction: Goals have become synonymous with the quest for the good life and the pursuit of happiness, with coaching and positive psychology gaining popularity as an approach in recent decades. And yet mental health is on the rise and the leading cause of disability, wellbeing is on the decline, stress is leading to 50-60% of workday absences and the need for action is indisputable and urgent. Purpose: The purpose of this study is to better understand two things we cannot see, but that play the most significant role in these outcomes - what we think and how we feel. With many working on the assumption that positive thinking and an optimistic outlook are necessary or valuable components of goal pursuit, this study uncovers the reality of the ‘inner-game’ from the coachee's perspective. Method: With a mixed methods design using a Q Method study of subjectivity to ‘make the unseen seen’. First, a wide-ranging universe of subjective thoughts and feelings experienced during goal pursuit are explored. These are generated from literature and a Qualtrics survey to create a Q-Set of 40 statements. Then 19 participants in professional and organisational settings offer their perspectives on these 40 Q-Set statements. Each rank them in a semi-forced distribution from ‘most like me’ to ‘least like me’ using Q-Sort software. From these individual perspectives, clusters of perspectives are identified using factor analysis and four distinct viewpoints have emerged. Findings: These Goal Pursuit Viewpoints offer insight into the states and self-talk experienced by coachees and may not reflect the assumption of positive thinking associated with achieving goals. The four Viewpoints are 1) the Optimistic View, 2) the Realistic View 3) The Dreamer View and 4) The Conflicted View. With only a quarter of the Dreamer View, and a third of the Optimistic view going on to achieve their goals, these assumptions need review. And with all the Realistic Views going on to achieve their goals, the role of self-doubt, overwhelm and anxiousness in goal achievement cannot be overlooked. Contribution: This study offers greater insight and understanding of people's inner experiences as they pursue goals and highlights the necessary and normal negative states associated with goal achievement. It also offers a practical tool of the Q-set statements to help coaches and coachees explore the current state and help navigate the journey towards goal achievement. It calls into question whether goals should always be part of coaching and if values, identity, and purpose may play a greater role than goals.

Keywords: coaching, goals, positive psychology, mindset, leadership, mental health, beliefs, cognition, emotional intelligence

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304 Conflicts of Interest in the Private Sector and the Significance of the Public Interest Test

Authors: Opemiposi Adegbulu

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Conflicts of interest is an elusive, diverse and engaging subject, a cross-cutting problem of governance; all levels of governance, ranging from local to global, public to corporate or financial sectors. In all these areas, its mismanagement could lead to the distortion of decision-making processes, corrosion of trust and the weakening of administration. According to Professor Peters, an expert in the area, conflict of interest, a problem at the root of many scandals has “become a pervasive ethical concern in our professional, organisational, and political life”. Conflicts of interest corrode trust, and like in the public sector, trust is mandatory for the market, consumers/clients, shareholders and other stakeholders in the private sector. However, conflicts of interest in the private sector are distinct and must be treated in like manner when regulatory efforts are made to address them. The research looks at identifying conflicts of interest in the private sector and differentiating them from those in the public sector. The public interest is submitted as a criterion which allows for such differentiation. This is significant because it would for the use of tailor-made or sector-specific approaches to addressing this complex issue. This is conducted through extensive review of literature and theories on the definition of conflicts of interest. This study will employ theoretical, doctrinal and comparative methods. The nature of conflicts of interest in the private sector will be explored, through an analysis of the public sector where the notion of conflicts of interest appears more clearly identified, reasons, why they are of business ethics concern, will be advanced, and then, once again, looking at public sector solutions and other solutions, the study will identify ways of mitigating and managing conflicts in the private sector. An exploration of public sector conflicts of interest and solutions will be carried out because the typologies of conflicts of interest in both sectors appear very similar at the core and thus, lessons can be learnt with regards to the management of these issues in the private sector. Conflicts of interest corrode trust, and like in the public sector, trust is mandatory for the market, consumers/clients, shareholders and other stakeholders in the private sector. This research will then focus on some specific challenges to understanding and identifying conflicts of interest in the private sector; origin, diverging theories, the psychological barrier to the definition, similarities with public sector conflicts of interest due to the notions of corrosion of trust, ‘being in a particular kind of situation,’ etc. The notion of public interest will be submitted as a key element at the heart of the distinction between public sector and private sector conflicts of interests. It will then be proposed that the appreciation of the notion of conflicts of interest differ according to sector, country to country, based on the public interest test, using the United Kingdom (UK), the United States of America (US), France and the Philippines as illustrations.

Keywords: conflicts of interest, corporate governance, global governance, public interest

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303 An Assessment of Radio-Based Education about Female Genital Cutting and Health and Human Rights Issues in Douentza, Mali

Authors: Juliet Sorensen, Megan Schliep

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Introduction: After a multidisciplinary assessment of health and human rights issues in central Mali, a musical album was created in 2014 in Douentza, Mali to provide health information on female genital mutilation/cutting (FGM/C), malaria, HIV/AIDS, girls’ education, breastfeeding, and sanitation. The objective of this study was to assess the impact of this album. Methods: A mixed-methods assessment was conducted with 149 individuals across 10 villages in Douentza Cercle. Analyses focused on the association of radio listening habits, age, sex, ethnicity and education with a public health knowledge score. Results: Over 90% of respondents reported daily radio listening, many listening five or more hours per day. Potential risks of FGM/C cited by participants included death (59%), difficulty in childbirth (48%), sterility (34%), and fistula (33%); when asked about their level of control over FGM/C, 28% stated they would never cut their daughters. Being a listener for 1-5 hours per day was associated with a 11.5% higher score of 'public health knowledge' compared to those listening only a little or not at all (p < 0.01). Education (marginal versus no formal education) was associated with 7.6% increased score (p < 0.01). Conclusion: Radio appears to be a significant part of community members’ daily routines and may be a valuable medium for transmitting information, particularly for lower literacy individuals.

Keywords: female genital cutting, public health and social justice education, radio, Mali

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302 Criminalizing the Transmission of HIV-Lessons for South Africa

Authors: Desiree David

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South Africa has one of the highest rates of HIV infection in the world, with a sizable percentage of the population living with HIV. A substantial number of new infections occur as a result of sexual activity. South African courts have awarded civil claims for damages as a result of the transmission of HIV as a result of non-disclosure by the HIV-positive sexual partner, and more recently, the criminal courts have also convicted and sentenced individuals accused of infecting others as a result of sexual activity. This paper will analyse some case law from South African court cases that have dealt with criminal convictions for the transmission of HIV, and the potential for more widespread prosecutions of these cases. It will also address the desirability of this trend in light of the social public health system, as well as human rights concerns surrounding this highly contentious issue. This will be done by considering some applicable provisions of the Bill of Rights such as the right to privacy and equality, as espoused in the Constitution of the Republic of South Africa. The paper further addresses the experience of other jurisdictions such as Canada, Singapore, Lesotho and Uganda, by analyzing case law, and consider the pitfalls of criminalizing a wide spectrum of sexual conduct that could result in the transmission of HIV. The paper concludes with a proposal that the issue of criminalizing the transmission of HIV cannot be addressed by the criminal justice system alone, as to do so could result in harsh consequences for those living with HIV. As such individuals may be burdened with additional responsibilities that could potentially impact on the rights of the individual. This may ultimately result in injustice for those living with HIV.

Keywords: criminalization, HIV, human rights, South Africa

Procedia PDF Downloads 342
301 Prototype of Low-Cost Safety-Suit for Manual Scavengers in India

Authors: Noopur Anand, Amit Gupta

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Sewage divers are the workers involved in cleaning and maintaining of the sewerage lines by entering through manholes. The working conditions of sewage divers in India are more challenging than in other countries. Though India has legal acts framed to ensure protection of the divers called 'The Prohibition of Employment of Manual Scavengers and their Rehabilitation Act, 2013' by Ministry of Law and Justice but these are usually not implemented. Further, the divers are not even provided with safety gear like mask, eyewear, helmet, safety suit, safety belt, gloves, and shoes because of lack of initiative among the agencies/individuals employing them and low awareness of importance of the protective gear amongst workers themselves. Several reports and studies show that because of the non-availability of safety gear, many sewage workers get infected and many of them retire even before attaining superannuation and about 70% of the manual scavengers die while on job. Though there are neoprene safety suits, costing only a few thousand, available in the market which can suffice but is beyond the buying capacity of the sewage diver and agencies/individuals employing them are reluctant to procure it as they find it expensive. In absence of safety suits, the divers get exposed to the parasites, viruses, and disease-causing germs present in the sewage. The research was undertaken with the objective of developing an affordable safety-suit which would save diver from coming into direct contact with the sewage thus preventing infections and diseases. The low cost of the suit may also motivate their employers to procure them for sewage divers.

Keywords: manhole cleaner, manual scavenger, prototype, low-cost safety-suit

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300 Corruption and Anti-Corruption Policies: The Case of Iraq

Authors: Sarwan Hasan

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This article is to investigate the main forms and causes of corruption and provides anti-corruption policies. It is significant to find out how both interact and affect each other. The research focuses particularly on the case study of Iraq from 2003 to 2023. In this way, the main methods of analysis will be the system approach to analyze the relationship of different elements of the political system of Iraq in the context of corruption, the process-tracing method to explain the reasons for corruption, and content analysis of the official documents important for the research topic. Moreover, the SWOT analysis will be used in the part about the anti-corruption policies. This article concludes that the main causes behind corruption in Iraq are power distribution based on muhassasa tayifiya (power apportionment based on ethno-sectarianism), decentralized political system, sectarian division, Iran, and socio-cultural structure. The main forms of corruption in the country are illegal enrichment, using public positions for sectarian agenda, criminal corruption, bribery, political patronage, clientelism, cronyism, nepotism, embezzlement, kickback, extortion, money laundry, speed money, theft, and justice obstruction. The main anti-corruption policies in Iraq are establishing the Commission of Integrity, Board of Supreme Audit, Inspectors General and Parliamentary Committee, Internalization (assistance from foreign actors), economic adjustment and financial reform, and the new anti-corruption program of the new Prime Minister (Mohamed Shiyah al-Sudani).

Keywords: anti-corruption, corruption, Iraq, anti-corruption policies

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299 A Critique of The English And Nigerian Marine Insurance Laws on Insurable Interest

Authors: Omotolani Victoria Somoye

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The paper examines modern approaches to the insurable interest, which is a fundamental principle of insurance law that affects the enforceability of insurance contracts. The study starts by examining the competing definitions of the nature of the insurable interest doctrine. It finds that while legal interest theory is seen to be sufficient as the test of insurable interest, the paper argues on how this approach deprives the insured of a full indemnity of losses suffered. The problem with the Nigerian and English current legislative framework is that it defines insurable interest as a legally recognized interest of the insured in the subject matter of insurance. However, other countries like Australia, the United States, South Africa, and more recently, Canada, have rejected the English test and trodden their own path along the factual expectancy line. The study justifies the rationale behind the departure of similar common law jurisdictions and argues that the English and Nigerian position, which appears to be too rigid, harsh on the insured, and no longer fit for purpose in the 21st century, should be revised. The paper concludes that the common law doctrine does not represent better interests of certainty, justice, and fairness, as well as not meeting the policy behind the requirement of insurable interest. This paper adopts a doctrinal comparative research methodology to examine complex areas of insurable interest in selected countries and work out some suggestions for reforming the Nigerian and English laws by referring to the approaches of other jurisdictions.

Keywords: Australia, common law, English law, insurable interest, insurance, Nigeria

Procedia PDF Downloads 139
298 The Impact of Human Rights Violation in Modern Society

Authors: Hanania Nasan Shokry Abdelmasih

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The interface between improvement and human rights has long been the subject of scholarly debate. As an end result, a hard and fast of principles, starting from the proper improvement to a human rights-based totally technique to development, have been adopted to understand the dynamics among the two concepts. In spite of those attempts, the precise link between development and human rights is not yet fully understood. However, the inevitable interdependence between the two standards and the idea that development efforts must be made while respecting human rights have received prominence in recent years. Then again, the emergence of sustainable development as a widely spread method in development dreams and rules similarly complicates this unresolved convergence. The place of sustainable improvement inside the human rights discourse and its role in ensuring the sustainability of improvement programs require systematic research. The purpose of this newsletter is, therefore, to take a look at the relationship between development and human rights, with particular attention to the area of the standards of sustainable improvement in international human rights regulation. It's going to examine whether it recognizes the proper to achieve sustainable improvement. Hence, the Article states that the principles of sustainable improvement are diagnosed immediately or implicitly in numerous human rights devices, which is an affirmative solution to the question posed above. Therefore, this report scrutinizes worldwide and local human rights gadgets, as well as the case regulation and interpretations of human rights in our bodies, to support this speculation.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security.

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297 The Proposal of a Shared Mobility City Index to Support Investment Decision Making for Carsharing

Authors: S. Murr, S. Phillips

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One of the biggest challenges entering a market with a carsharing or any other shared mobility (SM) service is sound investment decision-making. To support this process, the authors think that a city index evaluating different criteria is necessary. The goal of such an index is to benchmark cities along a set of external measures to answer the main two challenges: financially viability and the understanding of its specific requirements. The authors have consulted several shared mobility projects and industry experts to create such a Shared Mobility City Index (SMCI). The current proposal of the SMCI consists of 11 individual index measures: general data (demographics, geography, climate and city culture), shared mobility landscape (current SM providers, public transit options, commuting patterns and driving culture) and political vision and goals (vision of the Mayor, sustainability plan, bylaws/tenders supporting SM). To evaluate the suitability of the index, 16 cities on the East Coast of North America were selected and secondary research was conducted. The main sources of this study were census data, organisational records, independent press releases and informational websites. Only non-academic sources where used because the relevant data for the chosen cities is not published in academia. Applying the index measures to the selected cities resulted in three major findings. Firstly, density (city area divided by number of inhabitants) is not an indicator for the number of SM services offered: the city with the lowest density has five bike and carsharing options. Secondly, there is a direct correlation between commuting patterns and how many shared mobility services are offered. New York, Toronto and Washington DC have the highest public transit ridership and the most shared mobility providers. Lastly, except one, all surveyed cities support shared mobility with their sustainability plan. The current version of the shared mobility index is proving a practical tool to evaluate cities, and to understand functional, political, social and environmental considerations. More cities will have to be evaluated to refine the criteria further. However, the current version of the index can be used to assess cities on their suitability for shared mobility services and will assist investors deciding which city is a financially viable market.

Keywords: carsharing, transportation, urban planning, shared mobility city index

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296 Contribution of Women to Post-Colonial Education and Leadership

Authors: Naziema Begum Jappie

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This paper explores the relationship between educational transformation and gender equity in higher education. It draws on various policies and experiences and investigates the paradox of increased female leadership in higher education and the persistence of gender discrimination in the sphere of work. The paper will also address specific aspects of culture and education in post-colonial South Africa. Traditional features of past education systems were not isolated, they became an essential component of the education system, post-democracy. This is currently contested through the call for decolonizing the education system. The debates and discussions seek to rectify the post-colonial education structure within which women suffered triple oppression. Using feminist critical policy analysis and post-colonial theory, the paper examines how transformation over the past two decades has impacted on gender equity and how educational reform is itself gendered. It considers the nature of gender restructuring and key developments in gender equity policy. The social inequality in education is highlighted throughout this discussion. Through an analysis of research and interviews, this paper argues that gender can no longer be privileged when identifying and responding to educational and workplace inequality. In conclusion, the paper discusses the important assumptions that support how social and educational change deliver equity and how social justice may inform equity policy and practice in a culturally diverse educational framework.

Keywords: culture, educational leadership, gender inequality in the workplace, policy implementation

Procedia PDF Downloads 273