Search results for: author's moral rights

Authors: Marie Manikis

Abstract:

This paper argues that the scholarship to date on victims in the criminal process has mainly adopted a private conception of victims –as bearers of individual interests, rights, and remedies– rather than a conception of the victim as an actor with public functions and interests, who has historically and continuously taken on an active role in the common law tradition. This conception enables a greater understanding of the various developments around victim participation in common law criminal justice systems and provides a useful analytical tool to understand the different roles of victims in England and Wales and the United States. Indeed, the main focus on individual rights and the conception of the victim as a private entity undermines the distinctive and increasing role victims play in the wider criminal justice process as agents of accountability through administrative-based processes within and outside courts, including private prosecutions, internal review processes within prosecutorial agencies, judicial review, and ombudsmen processes.

Keywords: victims, participation, criminal justice, accountability

Procedia PDF Downloads 116

Authors: Siham Boulaknadel

Abstract:

Every culture has its share of a rich history of storytelling in oral, visual, and textual form. The Amazigh language, as many languages, has its own which has entertained and informed across centuries and cultures, and its instructional potential continues to serve teachers. According to many researchers, listening to stories draws attention to the sounds of language and helps children develop sensitivity to the way language works. Stories including repetitive phrases, unique words, and enticing description encourage students to join in actively to repeat, chant, sing, or even retell the story. This kind of practice is important to language learners’ oral language development, which is believed to correlate completely with student’s academic success. Today, with the advent of multimedia, digital storytelling for instance can be a practical and powerful learning tool. It has the potential in transforming traditional learning into a world of unlimited imaginary environment. This paper reports on a research project on development of multimedia Storytelling Website using traditional Amazigh oral narratives called “tell me a story”. It is a didactic tool created for the learning of good moral values in an interactive multimedia environment combining on-screen text, graphics and audio in an enticing environment and enabling the positive values of stories to be projected. This Website developed in this study is based on various pedagogical approaches and learning theories deemed suitable for children age 8 to 9 year-old. The design and development of Website was based on a well-researched conceptual framework enabling users to: (1) re-play and share the stories in schools or at home, and (2) access the Website anytime and anywhere. Furthermore, the system stores the students work and activities over the system, allowing parents or teachers to monitor students’ works, and provide online feedback. The Website contains following main feature modules: Storytelling incorporates a variety of media such as audio, text and graphics in presenting the stories. It introduces the children to various kinds of traditional Amazigh oral narratives. The focus of this module is to project the positive values and images of stories using digital storytelling technique. Besides development good moral sense in children using projected positive images and moral values, it also allows children to practice their comprehending and listening skills. Reading module is developed based on multimedia material approach which offers the potential for addressing the challenges of reading instruction. This module is able to stimulate children and develop reading practice indirectly due to the tutoring strategies of scaffolding, self-explanation and hyperlinks offered in this module. Word Enhancement assists the children in understanding the story and appreciating the good moral values more efficiently. The difficult words or vocabularies are attached to present the explanation, which makes the children understand the vocabulary better. In conclusion, we believe that the interactive multimedia storytelling reveals an interesting and exciting tool for learning Amazigh. We plan to address some learning issues, in particularly the uses of activities to test and evaluate the children on their overall understanding of story and words presented in the learning modules.

Keywords: Amazigh language, e-learning, storytelling, language teaching

Procedia PDF Downloads 389

Authors: Saska Alexandria Hayes

Abstract:

Multiple Convention Refugees in New Zealand are stuck in a state of immigration limbo due to a lack of defined immigration policies. The Refugee Convention of 1951 does not give the right to be issued a permanent right to live and work in the country of asylum. A gap in New Zealand's immigration law and policy has left Convention Refugees without the right to obtain a resident or temporary entry visa. The significant lack of literature on this topic suggests that the lack of visa options for Convention Refugees in New Zealand is a widely unknown or unacknowledged issue. Refugees in New Zealand enjoy the right of non-refoulement contained in Article 33 of the Refugee Convention 1951, whether lawful or unlawful. However, a number of rights contained in the Refugee Convention 1951, such as the right to gainful employment and social security, are limited to refugees who maintain lawful immigration status. If a Convention Refugee is denied a resident visa, the only temporary entry visa a Convention Refugee can apply for in New Zealand is discretionary. The appeal cases heard at the Immigration Protection Tribunal establish that Immigration New Zealand has declined resident and discretionary temporary entry visa applications by Convention Refugees for failing to meet the health or character immigration instructions. The inability of a Convention Refugee to gain residency in New Zealand creates a dependence on the issue of discretionary temporary entry visas to maintain lawful status. The appeal cases record that this reliance has led to Convention Refugees' lawful immigration status being in question, temporarily depriving them of the rights contained in the Refugee Convention 1951 of lawful refugees. In one case, the process of applying for a discretionary temporary entry visa led to a lawful Convention Refugee being temporarily deprived of the right to social security, breaching Article 24 of the Refugee Convention 1951. The judiciary has stated a constant reliance on the issue of discretionary temporary entry visas for Convention Refugees can lead to a breach of New Zealand's international obligations under Article 7 of the International Covenant on Civil and Political Rights. The appeal cases suggest that, despite successful judicial proceedings, at least three persons have been made to rely on the issue of discretionary temporary entry visas potentially indefinitely. The appeal cases establish that a Convention Refugee can be denied a discretionary temporary entry visa and become unlawful. Unlawful status could ultimately breach New Zealand's obligations under Article 33 of the Refugee Convention 1951 as it would procedurally deny Convention Refugees asylum. It would force them to choose between the right of non-refoulement or leaving New Zealand to seek the ability to access all the human rights contained in the Universal Declaration of Human Rights elsewhere. This paper discusses how the current system has given rise to these breaches and emphasizes a need to create a designated temporary entry visa category for Convention Refugees.

Keywords: domestic policy, immigration, migration, New Zealand

Procedia PDF Downloads 82

Authors: Arūnas Gudinavičius, Vincas Grigas

Abstract:

Purpose: The current study aims to identify and explore causes and consequences of unauthorized use of books from readers’, publishers’, and authors’ points of view. The case of Lithuania also assessed, especially historical background (banned alphabet, book smuggling, theft as the social norm in Soviet times) of the country. Design/methodology/approach: Aiming for more understanding why readers, authors and publishers are using or not using technology for unauthorized access of books, technology acceptance model approach was used, a total of 30 respondents (publishers, authors and readers) were interviewed in semi-structured face-to-face interviews and thematic analysis of collected qualitative data was conducted. Interviews were coded in English with coding software for further analysis. Findings: Findings indicate that the main cause for the unauthorized use of books is a lack of legal e-book titles and acquisition options. This mainly points at publishers, however, instead of using unauthorized sources as opportunities for author promotion or marketing, they rather concentrate on the causes of unauthorized use of books which they are not in control of, including access to unauthorized sources, habits, and economic causes. Some publishers believe that the lack of legal e-book titles is the consequence of unauthorized use of book rather than its cause. Originality: This research contributed to the body of knowledge by investigating unauthorized use of books from readers’, publishers’, and authors’ points of view which renders to have a better understanding of the causes and consequences of such behavior, as well as differences between these roles. We suggest that these causes lead to the intention to use and actual use of technology which is easier to use and which gives more perceived advantages – technology for unauthorized downloading and reading of books vs legal e-book acquisition options.

Keywords: digital piracy, unauthorized access, publishing industry, book reader, intellectual property rights

Procedia PDF Downloads 155

Authors: Bhavneet Bharti, Prahbhjot Malhi, Vandana Thakur

Abstract:

Introduction: Children of the urban migrant laborers have great difficulty in accessing government programs which are otherwise routinely available in rural settings. These include programs for child care, nutrition, health and education. There are major communicative fault-lines preventing advocacy for these marginalized children. The overarching aim of this study was to investigate the role of an innovative strategy of children’s drawings in supporting communication between children, social workers, pediatricians and other child advocates to fulfil their fundamental child rights. Materials and Methods: The data was collected over a period of one-year April 2015 to April 2016 during the routine visits by the members of the Social Pediatrics team including a social worker, pediatricians and an artist to the makeshift colony of migrant laborers. Once a week a drawing session was organized where the children including adolescents were asked to any drawing and provide a narrative thereafter. 5-30 children attended these weekly sessions for one year. All these drawings were then classified into various themes and exhibited on 16th April 2016 in the Govt. College of Art Museum. The forum was used for advocacy of Child Rights of these underprivileged children to Secretary social welfare. Results: Mean (SD) age of children in present observational study was 8.5 (2.5) years, with 60% of the boys. Majority of children demonstrated themes which were local and contextualized to their daily needs, threats and festivals which clearly underscored their fundamental right to basic services and equality of opportunities to achieve their full development Drawings of tap with flowing water, queues of people collecting water from hand pumps reflect the local problem of water availability for these children. Young children talking about fear of rape and murder following their drawings indicate the looming threat of potential abuse and neglect. Besides reality driven drawing, children also echoed supernatural beliefs, dangers and festivities in their drawings. Anyone who watched these children at work with art materials was able to see the intense level of absorption, clearly indicating the enjoyment they received, making it a meaningful activity. Indeed, this self-advocacy through art exhibition led to the successful establishment of mobile Anganwadi (A social safety net programme of the government) in their area of stay. Conclusions: This observational study is an example of how children were able to do self-advocacy to protect their rights. Of particular importance, these drawings address how psychologists and other child advocates can ensure in a child-centered manner that the voice of children is heard and represented in all assessments of their well-being and future care options.

Keywords: child advocacy, children drawings, child rights, marginalized children

Procedia PDF Downloads 164

Authors: Galit Harel

Abstract:

Deborah was referred for psychoanalytic psychotherapy following a suicide attempt and depression. She began a fascinating journey spanning more than 10 years. During therapy, many questions arose concerning the suicidal episode, which she could not register consciously. The author tried to understand the reasons for her depression and the attempted suicide through the unconscious process in the therapeutic relationship and through the music and poetry that she brought to sessions. In this paper, the author describes the process of listening for the signifiers of semiotic and symbolic language, both metaphoric and metonymic, as revealed in poetry and music according to the theories of Kristeva and Lacan. The poetry enabled the patient to retrieve childhood memories, experience the movement from unconscious to conscious, and mourn through the experience of transference and countertransference in the therapeutic relationship. Also illustrated is the transition from singing the music to more symbolic language, turning the patient’s sensory experience into language, and connecting her personal experience with the culture of her past. The patient’s mourning and the lost love objects are discussed through the prism of classical and object relations theories.

Keywords: depression, lost love object, psychoanalytic psychotherapy, suicide attempt, symbolization of desire

Procedia PDF Downloads 76

Authors: Yuko Tomoto

Abstract:

The purpose of this research is to examine the assumption that female bilingual speakers more often change the way they talk or think depending on the language they use compared with male bilingual speakers. The author collected data through questionnaires on 241 bilingual speakers. Also, in-depth interview surveys were conducted with 13 Japanese/English bilingual speakers whose native language is Japanese and 16 English/Japanese bilingual speakers whose native language is English. The results indicate that both male and female bilingual speakers are more or less influenced consciously and unconsciously by the language they use, as well as by the background cultural values of each language. At the same time, it was found that female speakers are much more highly affected by the language they use, its background culture and also by the interlocutors they were talking to. This was probably due to the larger cultural expectations on women. Through conversations, speakers are not only conveying a message but also attempting to express who they are, and what they want to be like. In other words, they are constantly building up and updating their own identities by choosing the most appropriate language and descriptions to express themselves in the dialogues. It has been claimed that the images of ideal L2 self could strongly motivate learners. The author hopes to make the best use of the fact that bilingual speakers change their presence depending on the language they use, in order to motivate Japanese learners of English, especially female learners from the viewpoint of finding their new selves in English.

Keywords: cultural influence, gender expectation, language learning, L2 self

Procedia PDF Downloads 412

Authors: Odoh Ben Uruchi

Abstract:

Access to Justice implies access to social and distributive Justice. Access to social justice in Nigeria remains an illusion where cases last in courts for unduly long period of time, as is currently the situation in the country. As the popular saying goes– justice delayed is justice denied. It is, however, important to underscore the point that these perspectives are not necessarily disconnected since the extent to which one can have distributive justice in any system is largely determined by the level and effectiveness of social justice in the country. Generally, Alternative Dispute Resolution (ADR) Processes are increasingly being accepted in Nigeria as appropriate mechanisms for resolving disputes. While some jurisdictions have institutionalized ADR through the concept of a Multidoor Courthouse, many other are at different stages of doing same. With these developments, it is obvious that stakeholders in the administration of justice in Nigeria, can no longer be indifferent about understanding and fully mainstreaming ADR into their various activities and professional practice. Any framework for promoting social justice in Nigeria should therefore of necessity include provision of avenues for use of ADR in the protection and enforcement of citizen’s rights. The constitutional and other legal provisions that guarantee various rights of citizens cannot of itself ensure the enjoyment of the rights in the absence of an effective framework for dispute resolution. Excessive reliance on litigation and other adversarial approaches will also fail to ensure a sound regime of social justice. There should be structured mainstreaming of alternative dispute resolution mechanisms in justice delivery if the society must provide and guarantee social justice to the citizens. This paper seeks to address some of the fundamental issues affecting the perception, knowledge and skills of ADR in the provision of social justice. In doing this, the paper proposes to unlock the full enormous potentials of Alternative Dispute Resolution (ADR) in promoting access to justice in Nigeria.

Keywords: aspects, dimensions, alternative dispute resolution, social justice

Procedia PDF Downloads 422

Authors: Mohammad S. Islam

Abstract:

Elections in Bangladesh are always controversial, and sometimes it becomes a violent affair when state power is combined with politics. Despite the commitment of the ruling party- the polling government to ensure free, fair, and credible elections, the participants of opposition parties and the general voters became very disappointed, terribly frustrated, and severely shocked. It happened when numerous claims of serious irregularities of vote rigging and violence came out in broad daylight during the election. This paper addresses the issues of how the ruling party created frightening and a horror situation to make people silent over electoral fraud and violent incidents, including gang rape. It also seeks to demonstrate that election-2018 was simply the deceptive action of the ruling party to legitimate their power, but not to provide a minimum opportunity for voters to exercise their fundamental right to vote. The fundamental freedom and the rule of law seemed to be ignored completely in this election process and afterwards. With the help of state machinery, the government of the ruling party violated human rights, restricted fundamental freedoms, and humiliated social protection & dignity. The contestant’s views as witnessed and relevant literatures are cited first for conceptual understanding. Then, the paper will examine how a new dimension of circumstantial social measures related to sustained protection can reduce all kinds of violence against humanity towards establishing a peaceful democratic society. Finally, this paper interprets the key findings and considers wider implications.

Keywords: electoral fraud, human rights, sustained protection, social measures, vote rigging

Procedia PDF Downloads 180

Authors: Peng Lu, Liu Ting

Abstract:

Because of the difficulty of financing from the external capital market, the reorganization and merger of private enterprises have formed a family group, seeking the help of the internal capital market to alleviate the capital demand. However, the inefficiency of the internal capital market can damage the effect it should have played, and even hinder the development of enterprises. This paper takes the "Tomorrow Group" as the research object to carry on the case analysis. After using the improved cash flow sensitivity coefficient to measure the efficiency of the internal capital market of Tomorrow Group, the inefficiency phenomenon is found. Then the analysis reveals that the reasons for its inefficiency include that the pyramidal equity structure is conducive to control, the separation of cash flow rights and control rights, the concentration of equity leads to poor balance, the abandonment of real industries and information asymmetry.

Keywords: tomorrow group, internal capital market, related-party transactions, Baotou tomorrow technology Co., LTD

Procedia PDF Downloads 121

Authors: Paul M. H. J. Roekaerts

Abstract:

In recent years, it became clear that much intensive care (ICU) survivors develop a post-intensive care syndrome (PICS) consisting of psychiatric, cognitive and physical problems for a prolonged period after their ICU stay. Physical inactivity and delirium during the ICU stay are the main determinants of the post-ICU PICS. This presentation will focus on delirium, its epidemiology, prevalence, effect on outcome, risk factors and the current standard of care for managing delirium. Because ICU delirium is a predictor of prolonged length-of-stay in the ICU and of death, the use of a delirium prevention bundle (DPB) becomes mandatory in every ICU. In this presentation, a DPB bundle will be discussed consisting of six components: pain, sedation, sleep, sensory and intellectual stimulation, early mobilization, and hydration. For every of the six components, what to do and what not to do will be discussed. The author will present his own institutional policy on pharmacological and non-pharmacological interventions in the management of delirium. The component ‘early mobilization’ will be discussed more in detail, as this component is extremely important in the prevention of delirium as well as in the prevention of the PICS. The author will conclude his presentation with the remaining areas of uncertainties/work and research to be done.

Keywords: delirium, delirium prevention bundle, early mobilisation in intensive care (ICU), post-intensive care syndrome (PICS)

Procedia PDF Downloads 302

Authors: Meshandren Naidoo, Amy Gooden

Abstract:

The concept of personhood extending from the moral status of an artificial intelligence system has been explored – but predominantly from a Western conception of personhood. African personhood, however, is distinctly different from Western personhood in that communitarianism is central rather than individualism. Given the decolonization projects happening in Africa, it’s paramount to consider these views. This research demonstrates that the African notion of personhood may extend for an artificial intelligent system where the pre-conditions are met.

Keywords: artificial intelligence, ethics, law, personhood, policy

Procedia PDF Downloads 110

Authors: Zuzana Durajova, Natasa Diatkova, Shreya Bhardwaj

Abstract:

This paper introduces the project START, its activities, goals, evaluation and final results. Over the past few decades, the legal discourse surrounding mental health has resulted in improvement in patient rights (in Netherlands, etc.), the appointment of Ombudspersons for psychiatric patients (in Austria, Sweden) and facilitating the participation of patients in decision-making processes. Czech legislation already recognizes the position of “patient’s advocate” as a person of trust. However, this instrument is not very widely known and rarely used in practice. In the pilot study of the project, legal training for patient advocacy is provided to persons with experience with mental health problems/psychiatric hospitalization chosen from a Czech-based NGO. These persons (patient advocates) visit patients in involuntary hospitalization in one closed ward in the chosen psychiatric institution. During visits, the patient advocates inform patients about their legal standing, their procedural rights and also offer them individual support in contacting their counsel, family members etc. To understand the effect of the intervention, qualitative interviews and participant observations are conducted with the patients, advocates, the hospital management and staff and other identifiable stakeholders, such as government officials responsible for mental health care reform. The interviews are held before, during and after the intervention (support from patient advocates in hospitals). Given the ethical quandaries arising from using psychiatric wards as a field setting, we assume a participatory approach to ensure respect for patient boundaries and dignity. Through this project, we seek to establish a profession of patient advocates based on professional standards.

Keywords: patient advocacy, involuntary hospitalization, Czech Republic, patient Rights, professionalization

Procedia PDF Downloads 182

Authors: Lola Vivour-Adeniyi, Oluwatoyosi Abikoye

Abstract:

Domestic and sexual violence inflicts profound trauma on individuals, with particularly distressing consequences for young people when experienced in familiar settings such as homes, schools, religious institutions, or with trusted individuals. Research conducted at the Lagos State Domestic and Sexual Violence Agency (DSVA) from 2015 to 2023 reveals a disconcerting trend where young people often misconstrue abusive actions as tolerable, partially acceptable, or merely morally wrong due to a lack of awareness about their rights as guaranteed under the Lagos State Child’s Right Law. This paper delves into the grassroots initiatives of the Lagos State DSVA, specifically the Kings and Queens Club, designed to combat domestic and sexual violence (DSV) among teens. The club focuses on raising awareness and ensuring access to support services. The paper provides a concise analysis of the club's impact, contextualizing Lagos State's efforts to eradicate DSV for future generations. Additionally, it comprehensively examines the legal rights of children and young persons as outlined in the Lagos State Child’s Right Law 2007, Protection Against Domestic Violence Law 2007, Criminal Law 2011, and Domestic and Sexual Violence Agency Law 2021. In conclusion, this paper aims to inform policy and community development initiatives, emphasizing the effectiveness of school-based approaches in creating a sustainably equitable society for children and young persons.

Keywords: school-based approach, domestic and sexual violence, Lagos state child’s rights law, Lagos state DSVA

Procedia PDF Downloads 55

Authors: Oscar Sang, Shadrack David Rotich

Abstract:

Parliamentary immunity is grounded on the notion that parliaments need certain rights or immunities to ensure they can operate independently make fair and impartial decisions without capitulating to political pressure or intimidation. The 2013 election in Kenya marked an important milestone in the development of the law of parliamentary privilege. Such importance relates to the dramatic increase in the number of legislatures in the country from one unicameral parliament, to a bicameral national parliament and forty-seven other regional legislative assemblies. The increase in legislatures has resulted in a dramatic increase in political contestations which have led to legal wrangles. The judiciary in Kenya, once considered submissive, has been invited to arbitrate on various matters pitting individual rights and parliamentary privilege and have invalidated a number of legislative action. While judicial intervention is indeed necessary to ensure that legislatures in Kenya live true to the constitutional aspirations of the Kenyan people, certain judicial decisions have had an effect on eroding parliamentary immunity. This paper highlights a number of instances in which it could be argued that parliamentary privilege came under attack by the courts in Kenya. The paper aims to make a case that while Kenya’s progressive constitution necessitates the scope and extent of legislature’s immunities and privilege to be determined by the courts, it is important that courts exercise restraint in its review of legislative action. The paper makes the argument that unrestrained judicial action in Kenya on questions within the realm parliamentary privilege may undermine the functioning of Kenya’s legislatures. The paper explores approaches taken by a number of jurisdictions in establishing a proper balance between maintaining a viable parliamentary privilege regime in a rights-based constitutional system.

Keywords: Kenya, constitution, judicial restraint, parliamentary privilege

Procedia PDF Downloads 155

Authors: Sunghyun Cho, Seung-Ah Lee

Abstract:

Parental overprotection is known to have negative effects such as low independence, immature emotion regulation, and immoral behaviors on children’s development. This study investigated the effects of parental overprotection on Korean college students’ moral behaviors. In order to test the hypothesis that overprotected participants are more likely to show immoral behaviors in moral dilemma situations, we measured perceived parental overprotection using Korean-Parental Overprotection Scale (K-POS), Helicopter Parenting Behaviors, and Helicopter Parenting Instrument (HPI) for 200 college students. Participants’ level of morality was assessed using two types of online experimental tasks consisting of a word-searching puzzle and a visual perception task. Based on the level of perceived parental overprotection, 14 participants with high total scores in overparenting scales and 14 participants with average total scores in the scales were assigned to a high perceived overparenting student group, and control group, respectively. Results revealed that the high perceived overparenting group submitted significantly more untruthful answers compared to the control group in the visual perception task (t = 2.72, p < .05). However, there was no significant difference in immorality in the word-searching puzzle(t = 1.30, p > .05), yielding inconsistent results for the relationship between. These inconsistent results of two tasks assessing morality may be because submitting untruthful answers in the word-searching puzzle initiated a larger sense of immorality compared to the visual perception task. Thus, even the perceived overparenting participants seemingly tended not to submit immoral answers. Further implications and limitations of the study are discussed.

Keywords: college students, morality, overparenting, parental overprotection

Procedia PDF Downloads 165

Authors: Sheikh, R. Author, Bhardwaj S. Author, Jr.

Abstract:

The emphasis of this paper is to investigate the identity shifts experienced within the Indian community and among Muslim refugee women in Sydney. Using Goffman’s paradigm of everyday interactions, attention is paid to how migrants navigate and perform their multiple identities in their daily life. By focusing on narratives of the migrant- migration is understood as processual instead of a one time decision of re-location. The paper aims to highlight how individuals choose and re-adapt their cultural and social practices within the context of Australia. Migrant narratives are rooted in specific socio-cultural settings of one’s own community as well as the nature of migration to a specific country. Differences and similarities will be observed within the Indian community, and among Muslim refugee women in terms of how identity is negotiated, social networks are re-established in Australia. Some attention will also be paid to difficulties that are being faced by migrants-especially in terms of Muslim identity for Refugee women, particularly in terms of assimilation, building on Ghassan Hage’s use of appraisal theory and how a diversity of language and religion is accommodated within the Indian community. By using two diverse groups, it would be able to identify and contrast migrant experiences.

Keywords: identity, migrant, refugee, women, assimilation, narratives

Procedia PDF Downloads 181

Authors: Lei Liu

Abstract:

Since the famous opening up and reform strategy of China, lots of migrants have flowed from rural areas to urban areas. In this paper, the author investigates the rural elderly left behind, which are defined aged people left alone at home while their adult children have to migrant outside. This phenomenon is a quite general and serious social problem that cannot be ignored, accompanied by the process of urbanization and regional transferring of rural labor. The Chinese internal migration not only exerts great influence to China’s economy and urbanization but also obviously reduces the labor and care to rural aged people. Contrary to assumptions in some migration and aging studies, which show the inevitable negative effects of migration upon the old age care, the author highlights unique features in their daily strategies of house holding to integrate into society with the analysis of the conception of social inclusion. Through life history interviews with elderly left behind in one rural village, this article sheds light on three different factors of social inclusion, namely, economic inclusion, social identity and political inclusion and shows its necessaries to fully understand the status of the social wellbeing of rural elderly left behind.

Keywords: labor migration, elderly left behind, social inclusion, rural China

Procedia PDF Downloads 289

Authors: Vickie Knox

Abstract:

Since the ‘urgent humanitarian crisis’ of the arrival of tens of thousands of Central American minors at the Mexico-US border in early 2014, the USA has increasingly externalised migration controls to Mexico. Although the resulting policy ‘Plan Frontera Sur’ claimed to protect migrants’ human rights, it has manifested as harshly delivered in-country controls and an alarming increase in deportations, particularly of minors. This is of particular concern given the ongoing situation of forced migration caused by criminal violence in Central America because these deportations do not all comply with Mexico’s international obligations and with its own legal framework for international protection that allows inter alia verbal asylum claims and grants minors additional protection against deportation. Notably, the volume of deportations, the speed with which they are carried out and the lack of adequate screening indicate non-compliance with the principle of non-refoulement and the right to claim asylum or other forms of protection. Based on qualitative data gathered in fieldwork in 2015 and quantitative data covering the period 2014-2016, this research details three types of adverse outcome resulting from these externalised controls: human rights violations perpetrated in order to deliver the policy–namely, deportations that may not comply with the principle of non-refoulement or the protection of minors; human rights violations perpetrated in the execution of policy–such as violations by state actors during apprehension and detention; and adverse consequences of the policy – such as increased risk during transit. This research has particular resonance as the Trump era brings tighter enforcement in the region, and has broader relevance for the study of externalisation tools on a global level.

Keywords: deportation, externalisation, forced migration, non-refoulement

Procedia PDF Downloads 142

Authors: Sanelisiwe Ndlovu

Abstract:

Cities have become testbeds for automation and experimenting with artificial intelligence (AI) in managing urban services and public spaces. Smart Cities and AI systems are changing most human experiences from health and education to personal relations. For instance, in healthcare, social robots are being implemented as tools to assist patients. Similarly, in education, social robots are being used as tutors or co-learners to promote cognitive and affective outcomes. With that general picture in mind, one can now ask a further question about Smart Cities and artificial agents and their moral standing in the African context of personhood. There has been a wealth of literature on the topic of personhood; however, there is an absence of literature on African personhood in highly automated environments. Personhood in African philosophy is defined by the role one can and should play in the community. However, in today’s technologically advanced world, a risk is that machines become more capable of accomplishing tasks that humans would otherwise do. Further, on many African communitarian accounts, personhood and moral standing are associated with active relationality with the community. However, in the Smart City, human closeness is gradually diminishing. For instance, humans already do engage and identify with robotic entities, sometimes even romantically. The primary aim of this study is to investigate how African conceptions of personhood and community interact in a highly automated environment such as Smart Cities. Accordingly, this study lies in presenting a rarely discussed African perspective that emphasizes the necessity and the importance of relationality in handling Smart Cities and AI ethically. Thus, the proposed approach can be seen as the sub-Saharan African contribution to personhood and the growing AI debates, which takes the reality of the interconnectedness of society seriously. And it will also open up new opportunities to tackle old problems and use existing resources to confront new problems in the Fourth Industrial Revolution.

Keywords: smart city, artificial intelligence, personhood, community

Procedia PDF Downloads 190

Authors: Johannes Van Der Sandt

Abstract:

This paper explores and reflects on the power of music, and more specific singing as an instrument for integration, inclusion, group cohesion, collective cooperation, repairing social relationships and facilitating dialogue between groups in conflict. The General Assembly of the United Nations has declared the 21st of September as International Day of Peace. This day is dedicated to advocate and strengthen among all people, an annual day to strive for no violence and cease-fire. What role does music play in strengthening ideals of peace? The findings of this paper is a result of field and online research as well as a literature survey to identify the most important examples of institutions, instruments or initiatives where music serves as a vehicle for the transmission and promoting of peace ideals and acting to assist movements for social change. Important examples where singing and music were used as tools for peace activism are the 1987 Estonian Singing Revolution and the more recent peace engagement in the Afghan Conflict, both very good examples of the cultural capital of the local population used as catalyst for promoting peace. The author offers a concise and relevant overview of such initiatives with the aim to validate the power of music and song as tools to support the United Nation’s Declaration on the Promotion Among Youth of the Ideals of Peace, Mutual Respect and Understanding Between Peoples: Young people should be educated and made aware of the ideals of peace. They should be educated in a spirit of mutual understanding and respect for one another in order to develop an attitude of striving for equal rights for all human beings, believing in economic and social growth for all, together with a belief in disarmament and working towards the maintenance of peace and security worldwide.

Keywords: conflict, music, peace, singing

Procedia PDF Downloads 268

Authors: Szilvia Halmos

Abstract:

Hungary was one of the first countries to sign and ratify the UN Convention on the Rights of Persons with Disabilities (hereinafter: CRPD). Consequently, Hungary assumed an obligation under international law to review the national law in the light of the Article 12 of the CRPD requiring the States parties to guarantee the equality of persons with disabilities in terms of legal capacity, and to replace the regimes of substitute decision-making by the instruments of supported decision-making. This article is often characterized as one of the key norms of the CRPD, since the legal autonomy of the persons with disabilities is an essential precondition of their participation in the social life on an equal basis with others, envisaged by the social paradigm of disability. This paper examines the impact of the CRPD on the relevant Hungarian national legal norms, with special focus on the relevant rules of the recently codified Civil Code. The employed research methodologies include (1) the specification of the implementation requirements imposed by the Article 12 of the CRPD, (2) the determination of the indicators of the appropriate implementation, (3) the critical analysis of compliance of the relevant Hungarian legal regulation with the indicators, (4) with respect to the relevant case law of the Hungarian Constitutional Court and ordinary courts, the European Court of Human Rights and the Committee of Rights of Persons with Disabilities and (5) to the available empirical figures on the functioning of substitute and supported decision-making regimes. It will be established that the new Civil Code has made large steps toward the equality of persons with disabilities in terms of legal capacity and the support model of decision-making by the introduction of some specific instruments of supported decision-making and the restriction of the application of guardianship. Nevertheless, the regulation currently in effect fails to represent some crucial principles of the Article 12 of the CRPD, such as the non-discrimination of persons with psycho-social disabilities, the support of the articulation of the will and preferences of the individual instead of his/her best interest in the course of decision-making. The changes in the practice of the substitute and the support model brought about by the new legal norms can also be assessed as significant, however, so far unsatisfactory. The number of registered supporters is rather low, and the preconditions of the effective functioning of the support (e.g. the proper training of the supporters) are not ensured.

Keywords: Article 12 of the UN CRPD, Hungarian law on legal capacity, persons with intellectual and psycho-social disabilities, supported decision-making

Procedia PDF Downloads 278

Authors: Febi Eka Putri, Prabowo Anggorono

Abstract:

Human Trafficking has become a threat in the global phenomenon, including Indonesia as a country adopting democracy to uphold the human rights value. Indonesia is classified as a source of trafficking in persons which dominate by women and children for sexual exploitation and forced labor purposes. In this case, Indonesia has committed to combat trafficking in persons by enacted domestic law to criminalize all types of human trafficking in domestic and international level. Tracing to the efforts, we cannot just simplify it, however, in 2016 Indonesia has placed as a tier 2 country because the government does not fully achieve the minimum standard by U. S. Trafficking Victims Protection Act due to only making efforts as progress. While as a part of ASEAN member, Indonesia has signed ASEAN Human Rights Declaration but when it comes to Human Trafficking issue, there is only few ASEAN member who has ratified ASEAN Convention on Trafficking in Persons, in particular Women and Children such as Singapore, Cambodia, and Thailand. This brings the evidence to structuring the role of Indonesia to combat human trafficking.

Keywords: Indonesia, Association of Southeast Asian Nations (ASEAN), human trafficking, Tier 2 country

Procedia PDF Downloads 344

Authors: Rinaldo Diricchardi

Abstract:

In this paper, author theoretically and empirically explores the ethnic identity of the descendants of the Indian travelers in Slovenia Sinti, who are in modern time, for the researchers, still a "tabula rasa". He investigates the extent to which Sinti ethnic particular identities (e.g. Sinti chiefs, Sinti’s individual political structure…), the Sinti language (dialect, which is topic and it is not allowed to be spoken in public), culture and habits still in the impact of anachronism, moreover, to what extent the community is still “tabula rasa” (to non–Sinti population). The relationships within the Sinti entity: "in se–intra se" is a mirror of duality of the relation of "extra se". Is it possible that the concepts of social/economical relationships are reflecting the Sinti community, moreover, the possible influence of minority from outside to inside? Is the stratification of their ethnicity and their language ethnicism? In addition, is the result of stratification of discourse still inherited and discounted the Indian caste system? In present article, author uses the word Gypsy with high respect and with a large measure of prudentiality, without negative connotations. At the first Gypsy World Congress in 1971 in London the Sinti did not accept unification with Romani, but Sinti and others Gypsies still keep the name Gypsy/Romanichals, Gypsy/Kale, Gypsy/Manouches, Gypsy/Manoesje, Gypsy/Xoraxano, Gypsy/Machaways and Gypsy/Kalderashe. In addition, all of the European documents taken into account respect and use the name Gypsy.

Keywords: Sinti, Gypsy, identity, stratification, inclusion, exclusion

Procedia PDF Downloads 361

Authors: Nahid Ferdousi

Abstract:

Juvenile justice is a key component of the child rights to keep the best interest and completely different from criminal justice. After independence of Bangladesh in 1971, the Children Act 1974 and the Children Rules 1976 were considered as the basic law for juvenile justice which written before many international instruments on children’s rights came into existence, did not align with the international mandate set by those instruments. These Acts were not really child rights-based and modern concept such as diversion, restorative justice and community-based rehabilitation has not developed accordingly. In this backdrop, government has enacted the new Children Act 2013 and introduced extensive reforms to the juvenile justice system in Bangladesh. The Act has been adopted with the provisions for child-friendly juvenile courts in each district and different kinds of child-oriented practices in a number of settings, such as, child affairs police officer, probation officer, national child welfare board, diversion, alternative preventive measures on the basis of international principles. Prior to the Act, there had been a number of High Court rulings which considered the international standards for juvenile justice. But the recent reforms to juvenile justice system hail a new commitment to the country’s international obligations to its children and a change in the philosophy guiding the treatment of offender children. This is high time to create an effective juvenile justice system for the 21st century in Bangladesh by the proper implementation of the Children Act 2013. Additionally, the new Children Rules should be enacted and juvenile courts along with correctional institutions should be established in each district in Bangladesh. This study assesses the juvenile justice reforms in Bangladesh over the five decades (1974-2014) and focuses on changes that will improve the system as a whole and enable us to better achieve the ends of fair juvenile justice.

Keywords: Juvenile justice reforms, international obligations, child-oriented practices, commitment of the state

Procedia PDF Downloads 412

Authors: Olayinka Adeniyi, Melissa Omino

Abstract:

The field of data privacy and data protection in Africa is still an evolving area, with many African countries yet to enact legislation on the subject. While African Governments are bringing their legislation to speed in this field, how patriarchy pervades every sector of African thought and manifests in society needs to be considered. Moreover, the laws enacted ought to be inclusive, especially towards women. This, in a nutshell, is the essence of data feminism. Data feminism is a new way of thinking about data science and data ethics that is informed by the ideas of intersectional feminism. Feminising data privacy and protection will involve thinking women, considering women in the issues of data privacy and protection, particularly in legislation, as is the case in this paper. The line of thought of women inclusion is not uncommon when even international and regional human rights specific for women only came long after the general human rights. The consideration is that these should have been inserted or rather included in the original general instruments in the first instance. Since legislation on data privacy is coming in this century, having seen the rights and shortcomings of earlier instruments, then the cue should be taken to ensure inclusive wholistic legislation for data privacy and protection in the first instance. Data feminism is arguably an area that has been scantily researched, albeit a needful one. With the spate of increase in the violence against women spiraling in the cyber world, compounding the issue of COVID-19 and the needful response of governments, and the effect of these on women and their rights, fast forward, the research on the feminism of data privacy and protection in Africa becomes inevitable. This paper seeks to answer the questions, what is data feminism in the African context, why is it important in the issue of data privacy and protection legislation; what are the laws, if any, existing on data privacy and protection in Africa, are they women inclusive, if not, why; what are the measures put in place for the privacy and protection of women in Africa, and how can this be made possible. The paper aims to investigate the issue of data privacy and protection in Africa, the legal framework, and the protection or provision that it has for women if any. It further aims to research the importance and necessity of feminizing data privacy and protection, the effect of lack of it, the challenges or bottlenecks in attaining this feat and the possibilities of accessing data privacy and protection for African women. The paper also researches the emerging practices of data privacy and protection of women in other jurisprudences. It approaches the research through the methodology of review of papers, analysis of laws, and reports. It seeks to contribute to the existing literature in the field and is explorative in its suggestion. It suggests a draft of some clauses to make any data privacy and protection legislation women inclusive. It would be useful for policymaking, academic, and public enlightenment.

Keywords: feminism, women, law, data, Africa

Procedia PDF Downloads 184

Authors: Virginia Andrea Garrido Meirelles

Abstract:

Noah Webster was a lexicographer and a language reformer and is considered the ‘Father of American Scholarship and Education’ because of the exceptional contributions he made as a teacher and grammarian. The goal of this study is to show that the success of his plan can be explained by the fact that it matched the language-in-education policies of his time. To accomplish that goal the present study analyzes the Massachusetts School Laws of 1642, 1647 and 1648 and compares them to the preface of the first edition of The Grammatical Institute of the English Language. The referred laws were three legislative acts enacted in the Massachusetts Colony and replicated almost identically in the other New England colonies. The purpose of those laws was to eradicate pauperism and poverty, on the one side, and to disseminate the idea of right citizenship, on the other. However, until the Declaration of Independence in 1776, all the primers used in the colony were printed in Britain. In 1783, Noah Webster published the first part of his Grammatical Institute of the English Language. In this book, the author states that his goal is to promote the republican principles that guide the civil rights of that time. The material included many texts taken from the Bible to inspire aversion to inadequate behavior and preference for service and good manners. In addition, its goal was to present ‘a new plan of reducing the pronunciation of our language to an easy standard,’ and in that way, create a unified language to abolish ignorance and language corruption. The comparison between the laws and Webster’s Spelling Book shows that the book is the result of the historical and political situation when it was conceived and it satisfied the requirements of the language-in-education policies of the time.

Keywords: American English, language policy, the Massachusetts school laws, webster's spelling book

Procedia PDF Downloads 197

Authors: Keroles Akram Saed Ghatas

Abstract:

The political violence that characterized 1992 continued into 1993, creating a major security crisis for President Hosni Mubarak's government as the death toll and human rights abuses soared. Increasingly sensitive to criticism of 's human rights activities, the government established human rights departments in key ministries, beginning with the Foreign Office in February. Similar offices have been set up in the Justice and Agriculture Ministries, and plans to set up an office in the Home Office have been announced. It turned out that the main task of the law unit was to overturn the conclusions of international human rights organizations.President Mubarak was elected in a national referendum on October 4 for a third six-year term after being appointed on July 21 by the People's Assembly, an elected parliament overwhelmingly dominated by the in-power National Democratic Party will Mr. Mubarak ran unhindered. The Interior Ministry announced that nearly 16 million people cast their votes (84% of eligible voters), of which 96.28%. voted for presidential re-election.In 1993, armed Islamic extremists escalated their attacks on Christian citizens, government officials, police officers and senior security officials, resulting in casualties among the intended victims and bystanders. Sporadic attacks on buses, boats and tourist attractions also occurred throughout the year. From March 1992 to October 28, 1993, a total of 222 people lost their lives in the riots: 36 Coptic Christians and 38 other citizens; If one is a foreigner; sixty-six members of the Security Forces; and seventy-six known or suspected activists who were killed while resisting arrest. The latter was killed in airstrikes and firefights with security forces and at the site of planned attacks. On March 9-10, a series of airstrikes in Cairo, Giza, Qalyubiya province north of the capital and Aswan killed fifteen suspected militants and five members of the security forces.One of the airstrikes in Giza, part of Greater Cairo, killed the wife and son of Khalifa Mahmoud Ramadan, a suspected militant who was himself killed. The government agency Middle East News Agency reported on March 10 that the raids were part of a "broad confrontational plan aimed at ofterrorist elements"The state of emergency declared in October 1981 after the assassination of President Anwar el-Sadat was still in force in Egypt. The law, previously in effect continuously from June 1967 to May 1980, continued to grant the executive branch unique legal powers that effectively overrode the human rights guarantees of the Egyptian constitution. These provisions included wide discretionary powers in arresting and detaining individuals, as well as the ability to try civilians in military courts. The Cairo-based Independent Organization for Human Rights said so in a document sent to the United Nations in July 1993The human rights committee said the continued imposition of the state of emergency had resulted in "another constitution for the country" and "led to widespread misconduct by the security apparatus".

Keywords: constitution, human rights, legal power, president, anwar, el-sadat, assassination, state of emergency, middle east, news, agency, confrontational, arresting, fugitive, leaders, terrorist, elements, armed islamic extremists.

Procedia PDF Downloads 23

Authors: Leah Samples

Abstract:

Barriers to participation persist for people with disabilities despite a long history of legislation designed to support equal opportunity for people with disabilities. Historically, the focus has been solely placed on structural barriers, but newer research highlights the importance of looking at social and informational barriers to participation. Collectively, these barriers prevent people with disabilities from fully engaging in community life and consequently from achieving full citizenship. Disability is crucial to understanding the meaning of citizenship. Drawing upon the influences of feminist, critical race and human rights theorists, citizenship can be defined as a set of rights and responsibilities that an individual has because they are a part of a community. However, when those rights are taken away or denied one’s citizenship is in question. Employing this definition of citizenship allows one to examine how barriers to citizenship present themselves in societies that are built on an ideal of a non-disabled person. To understand at a deeper level how this notion of citizenship manifests itself, this study seeks to unearth commonly experienced barriers to participation in the lives of visually-impaired adults in everyday environments. The purpose of this qualitative study is to explore commonly-experienced barriers to participation in the lives of visually impaired adults in leisure settings (e.g. restaurants, stores, etc.). Thirty adults with visual impairments participated in semi-structured interviews, as well as participant observations. The results suggest that barriers to participation are still pervasive in everyday environments and subsequently have an adverse effect on participation and belonging for people with visual impairments. This study highlights the importance of exploring and acknowledging the daily tensions that persons with disabilities face in their communities. A full exploration of these tensions is necessary in order to develop solutions and tools to create more just communities for everyone.

Keywords: barriers, citizenship, belonging, everyday environments

Procedia PDF Downloads 401

Authors: Queen Modestus

Abstract:

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

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

Procedia PDF Downloads 74