Search results for: human rights are universal
8822 The Political and Academic Consideration of Unregulated Concept of Rome Statute in Law No. 26 Year 2000 about Indonesia’s Human Right Court
Authors: Muhammad Iqbal Rachman, Mohammad Faisol Soleh
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The Law No. 26 Year 2000 about Indonesia’s Human Right Court became a new legal enforcement frame of human right law in Indonesia. The new spirit based on some international propulsion in order to enforce human right which basic right of everyone that appearance since in fetus. This matters indicated how crucial the arrangement of human right law, considering the role of state on human right enforcement in this context which became main pillar or instrument to accommodate citizen interest. Basically, the adopting of Law No. 26 Year 2000 came from the womb of concept international crimes regulation based on Rome Statute which became the international law instrument in order to legal enforce of international crimes. But in the other side, the enactment Rome Statute concept in Indonesia has facing with political and academics interest which resulted unaccommodating every type of international crimes in Law No. 26 Year 2000. The analyzing of political and academics background became the fundamental point to find out the solutions based on the regulation of Rome Statute concept matters in Indonesia.Keywords: academic consideration, human right, political consideration, rome statute, unregulated concept
Procedia PDF Downloads 2838821 Formulation of a Stress Management Program for Human Error Prevention in Nuclear Power Plants
Authors: Hyeon-Kyo Lim, Tong-il Jang, Yong-Hee Lee
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As for any nuclear power plant, human error is one of the most dreaded factors that may result in unexpected accidents. Thus, for accident prevention, it is quite indispensable to analyze and to manage the influence of any factor which may raise the possibility of human errors. Among lots factors, stress has been reported to have significant influence on human performance. Stress level of a person may fluctuate over time. To handle the possibility over time, robust stress management program is required, especially in nuclear power plants. Therefore, to overcome the possibility of human errors, this study aimed to develop a stress management program as a part of Fitness-for-Duty (FFD) Program for the workers in nuclear power plants. The meaning of FFD might be somewhat different by research objectives, appropriate definition of FFD was accomplished in this study with special reference to human error prevention, and diverse stress factors were elicited for management of human error susceptibility. In addition, with consideration of conventional FFD management programs, appropriate tests and interventions were introduced over the whole employment cycle including selection and screening of workers, job allocation, job rotation, and disemployment as well as Employee-Assistance-Program (EAP). The results showed that most tools mainly concentrated their weights on common organizational factors such as Demands, Supports, and Relationships in sequence, which were referred as major stress factors.Keywords: human error, accident prevention, work performance, stress, fatigue
Procedia PDF Downloads 3248820 Convergence of Media in New Era
Authors: Mohamad Reza Asariha
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The development and extension of modern communication innovations at an extraordinary speed has caused crucial changes in all financial, social, social and political areas of the world. The improvement of toady and cable innovations, in expansion to expanding the generation and dissemination needs of worldwide programs; the financial defense made it more appealing. The alter of the administration of mechanical economy to data economy and benefit economy in created nations brought approximately uncommon advancements within the standards of world exchange and as a result, it caused the extension of media organizations in outside measurements, and the advancement of financial speculations in many Asian nations, beside the worldwide demand for the utilization of media merchandise, made new markets, and the media both within the household scene of the nations and within the universal field. Universal and financial are of great significance and have and viable and compelling nearness within the condition of picking up, keeping up and expanding financial control and riches within the world. Moreover, mechanical progresses and mechanical joining are critical components in media auxiliary alter. This auxiliary alter took put beneath the impact of digitalization. That’s, the method that broke the boundaries between electronic media administrations. Until presently, the direction of mass media was totally subordinate on certain styles of data transmission that were for the most part utilized. Digitization made it conceivable for any content to be effortlessly transmitted through distinctive electronic transmission styles, and this media merging has had clear impacts on media approaches and the way mass media are controlled.Keywords: media, digital era, digital ages, media convergence
Procedia PDF Downloads 728819 Review of State Anti-Trafficking Laws in the United States of America and Their Success in Combating Human Trafficking and Protecting the Victims
Authors: Andrea Marcela Morales Reyes
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In the year 2000, the federal government of the United States of America enacted anti-trafficking legislation to prevent human trafficking, prosecute traffickers, and protect the victims. Since then, all 50 states have followed the federal government's example by enacting state-level anti-trafficking legislation. In order to fight human trafficking in the United States, it is paramount that this legislation is not only comprehensively enacted but also enforced. This study reviewed the anti-trafficking laws enacted in each of the 50 states and investigated the success of such laws by reporting the number of trafficking related prosecutions, cases identified, and victims protected. This study reviewed human trafficking reports issued by nonprofits, and state and federal level agencies. An increase in the number of cases investigated since the state laws have been passed reflects a moderate success in the fight against human trafficking in the U.S. This review also found that although every state has passed anti-trafficking legislation, many still lack a comprehensive approach to combat human trafficking; some states lack key provisions to prevent human trafficking, prosecute traffickers, and protect it victims. This, along with the lack of enforcement of the anti-trafficking plans included in each of the state legislations, has meant that the human trafficking cases investigated in fiscal year 2016 are not near the estimated numbers; which in turn suggests that this crime is still greatly unaccounted for. This study concludes that although important steps have been taken at the national and state level to combat human trafficking, the identification and prosecution of human trafficking cases still proves challenging in the United States.Keywords: enforcement of laws, human trafficking, anti-trafficking legislation, United States
Procedia PDF Downloads 1648818 Open Access in the Economic Sphere: A Framework Interpreting the Rise of the UK, US and China at Different Historical Times
Authors: Guanghua Yu
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This article has examined the rise of the UK, US, and China at different historical times to explain the argument that it is open access in the economic sphere, as well as institutional building related to the protection of property rights, contract enforcement, financial market, the rule of law, and human resource accumulation that determine economic and human development. Both the UK, after the Glorious Revolution in the seventeenth century, and China, after its adoption of the open door policy at the end of the 1970s, follow such a path of development. The difference between the UK and China in moving toward that path is the different coordination of elites. While the coordination of elites in the UK through parliament played important roles in forcing the government to consider the wider encompassing interest in society after the Glorious Revolution, the coordination of elites in China has mainly been achieved by the Communist Party of China such that the Chinese Government has started to pay greater deal of attention to the wider encompassing interest in the country from 1978. The article has also examined the rise of the US following colonial settlement to independence and institutional building thereafter. The US case is similarly consistent with the argument that open access in the economic sphere and institutional building matter the most to economic development. More decentralized methods of the coordination of elites in the US among colonies (states), the federal governments, and other political groups similarly shaped the path towards open access in the economic sphere and institutional building. As such, open access in the political sphere plays an indirect role in development at best. If that is correct, there are possibilities that different political systems are able to achieve coordination of elites so that governments will turn their attention to development.Keywords: open access, interconnected institutions, democracy, development
Procedia PDF Downloads 798817 Sino-Africa Trade Ties: The Curse of African Minerals: Tweaking the Corporate Scorecard to Benefit the Mining Village Communities
Authors: Donald Ouko
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For decades, Africa has been home to several foreign companies doing business in various sectors. In recent years, China has consistently positioned itself as a development partner powerhouse among African nations. However, this has not been felt as equally beneficial to the local communities where the partnerships bloom in extractives trading. This paper explores the impact of Chinese involvement in mining on the local communities in three African countries, the factors that enable the sector to thrive amid the impacts, and what could be done differently for the local communities to experience a different outcome. It suggests alternative terms of engagement that aim at transparency, accountability, and anti-corruption to ensure inclusive social and economic development, and sound governance both at state and corporate levels.Keywords: law and society, social development, corporate governance, China-Africa ties, human rights, socio-economic development, accountability, transparency
Procedia PDF Downloads 268816 Mob Justice in Ghana: Implication for Peace
Authors: Ishaq Alhassan Meriga
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This study examined the phenomenon of mob violence and its implication for peace in Ghana. The study used the archival study of media reports and content analysis of other secondary data as well as eyewitness accounts. The study examined trends and patterns of vigilante violence within the Ghanaian context. Results showed a considerable increase in the occurrence of mob violence within the last 10 years. Theft and robbery emerged as the most frequently suspected crimes for which victims were attacked, while the LGBT community is not left out. Cases of mob violence were most frequently reported in urban areas. This study has shown that the patterns, scope, nature, and implication of mob justice in Ghana are fairly and comparatively similar to those found in other parts of Africa and the globe. Mob violence is identified as undermining the rule of law and thereby infringing on the fundamental human rights of the victims. It is confirmed to have a cycle of effects that is an impediment to the peace of the country. The study underscores the implications of mob violence in terms of disdaining human life and dignity, revisiting our justice systems and punishment procedures, resourcing, and empowering law enforcers to fight the menace of vigilantism. First, the archival study had a limitation regarding missing data. The majority of the cases used for the study lack information mostly on perpetrators and the steps taken by public authorities and security agencies after reports of a mob attack have been lodged with them. The study recommends for further research to be undertaken on the perpetrators and survivors of mob actions in order to get a holistic understanding of the phenomenon. This will give a more comprehensive view of the issue of mob violence in Ghana. From the findings, it can be concluded that mob justice is a social canker in Ghanaian communities, which has a great impact on the peace of the country.Keywords: LGBT, mob justice, peace, vigilantism
Procedia PDF Downloads 858815 Assessment of Time-variant Work Stress for Human Error Prevention
Authors: Hyeon-Kyo Lim, Tong-Il Jang, Yong-Hee Lee
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For an operator in a nuclear power plant, human error is one of the most dreaded factors that may result in unexpected accidents. The possibility of human errors may be low, but the risk of them would be unimaginably enormous. Thus, for accident prevention, it is quite indispensable to analyze the influence of any factors which may raise the possibility of human errors. During the past decades, not a few research results showed that performance of human operators may vary over time due to lots of factors. Among them, stress is known to be an indirect factor that may cause human errors and result in mental illness. Until now, not a few assessment tools have been developed to assess stress level of human workers. However, it still is questionable to utilize them for human performance anticipation which is related with human error possibility, because they were mainly developed from the viewpoint of mental health rather than industrial safety. Stress level of a person may go up or down with work time. In that sense, if they would be applicable in the safety aspect, they should be able to assess the variation resulted from work time at least. Therefore, this study aimed to compare their applicability for safety purpose. More than 10 kinds of work stress tools were analyzed with reference to assessment items, assessment and analysis methods, and follow-up measures which are known to close related factors with work stress. The results showed that most tools mainly focused their weights on some common organizational factors such as demands, supports, and relationships, in sequence. Their weights were broadly similar. However, they failed to recommend practical solutions. Instead, they merely advised to set up overall counterplans in PDCA cycle or risk management activities which would be far from practical human error prevention. Thus, it was concluded that application of stress assessment tools mainly developed for mental health seemed to be impractical for safety purpose with respect to human performance anticipation, and that development of a new assessment tools would be inevitable if anyone wants to assess stress level in the aspect of human performance variation and accident prevention. As a consequence, as practical counterplans, this study proposed a new scheme for assessment of work stress level of a human operator that may vary over work time which is closely related with the possibility of human errors.Keywords: human error, human performance, work stress, assessment tool, time-variant, accident prevention
Procedia PDF Downloads 6708814 Muhammad`s Vision of Interaction with Supernatural Beings According to the Hadith in Comparison to Parallels of Other Cultures
Authors: Vladimir A. Rozov
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Comparative studies of religion and ritual could contribute better understanding of human culture universalities. Belief in supernatural beings seems to be a common feature of the religion. A significant part of the Islamic concepts that concern supernatural beings is based on a tradition based on the Hadiths. They reflect, among other things, his ideas about a proper way to interact with supernatural beings. These ideas to a large extent follow from the pre-Islamic religious experience of the Arabs and had been reflected in a number of ritual actions. Some of those beliefs concern a particular function of clothing. For example, it is known that Muhammad was wrapped in clothes during the revelation of the Quran. The same thing was performed by pre-Islamic soothsayers (kāhin) and by rival opponents of Muhammad during their trances. Muhammad also turned the clothes inside out during religious rituals (prayer for rain). Besides these specific ways of clothing which prove the external similarity of Muhammad with the soothsayers and other people who claimed the connection with supernatural forces, the pre-Islamic soothsayers had another characteristic feature which is physical flaws. In this regard, it is worth to note Muhammad's so-called "Seal the Prophecy" (h̠ ātam an- nubūwwa) -protrusion or outgrowth on his back. Another interesting feature of Muhammad's behavior was his attitude to eating onion and garlic. In particular, the Prophet didn`t eat them and forbade people who had tasted these vegetables to enter mosques, until the smell ceases to be felt. The reason for this ban on eating onion and garlic is caused by a belief that the smell of these products prevents communication with otherworldly forces. The materials of the Hadith also suggest that Muhammad shared faith in the apotropical properties of water. Both of these ideas have parallels in other cultures of the world. Muhammad's actions supposed to provide an interaction with the supernatural beings are not accidental. They have parallels in the culture of pre-Islamic Arabia as well as in many past and present world cultures. The latter fact can be explained by the similarity of the universal human beliefs in supernatural beings and how they should be interacted with. Later a number of similar ideas shared by the Prophet Muhammad was legitimized by the Islamic tradition and formed the basis of popular Islamic rituals. Thus, these parallels emphasize the commonality of human notions of supernatural beings and also demonstrate the significance of the pre-Islamic cultural context in analyzing the genesis of Islamic religious beliefs.Keywords: hadith, Prophet Muhammad, ritual, supernatural beings
Procedia PDF Downloads 3878813 Future-Proofing the Workforce: A Case Study of Integrated Human Capability Frameworks to Support Business Success
Authors: Penelope Paliadelis, Asheley Jones, Glenn Campbell
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This paper discusses the development of co-designed capability frameworks for two large multinational organizations led by a university department. The aim was to create evidence-based, integrated capability frameworks that could define, identify, and measure human skill capabilities independent of specific work roles. The frameworks capture and cluster human skills required in the workplace and capture their application at various levels of mastery. Identified capability gaps inform targeted learning opportunities for workers to enhance their employability skills. The paper highlights the value of this evidence-based framework development process in capturing, defining, and assessing desired human-focused capabilities for organizational growth and success.Keywords: capability framework, human skills, work-integrated learning, credentialing, digital badging
Procedia PDF Downloads 768812 Human Resources Management Practices in Hospitality Companies
Authors: Dora Martins, Susana Silva, Cândida Silva
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Human Resources Management (HRM) has been recognized by academics and practitioners as an important element in organizations. Therefore, this paper explores the best practices of HRM and seeks to understand the level of participation in the development of these practices by human resources managers in the hospitality industry and compare it with other industries. Thus, the study compared the HRM practices of companies in the hospitality sector with HRM practices of companies in other sectors, and identifies the main differences between their HRM practices. The results show that the most frequent HRM practices in all companies, independently of its sector of activity, are hiring and training. When comparing hospitality sector with other sectors of activity, some differences were noticed, namely in the adoption of the practices of communication and information sharing, and of recruitment and selection. According to these results, the paper discusses the major theoretical and practical implications. Suggestions for future research are also presented.Keywords: exploratory study, human resources management practices, human resources manager, hospitality companies, Portuguese companies
Procedia PDF Downloads 4818811 Police Violence, Activism, and the Changing Rural United States: A Digital History and Mapping Narrative
Authors: Joel Zapata
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Chicana/o Activism in the Southern Plains Through Time and Space, a digital history project available at PlainsMovement.com, helps reveal an understudied portion of the Chicana/o Civil Rights Movement: the way it unfolded on the Southern Plains. The project centers around an approachable interactive map and timeline along with a curated collection of materials. Therefore, the project provides a digital museum experience that has not emerged within the region’s museums. That is, this digital history project takes scholarly research to the wider public, making it is also a publicly facing history project. In this way, the project adds to both scholarly and socially significant conversations, showing that the region was home to a burgeoning wing of the Chicana/o Movement and that instances of police brutality largely spurred this wing of the social justice movement. Moreover, the curated collection of materials demonstrates that police brutality united the plains’ Mexican population across political ideology, a largely overlooked aspect within the study of Mexican American civil rights movements. Such a finding can be of use today since contemporary Latina/o social justice organizations generally ignore policing issues even amid a rise in national awareness regarding police abuse. In making history accessible to Mexican origin and Latina/o communities, these same communities may in-turn use the knowledge gained from historical research towards the betterment of their social positions—the foundational goal of Chicana/o history and the related field of Chicana/o Studies. Ultimately, this digital history project is intended to draw visitors to further explore the Chicana/o Civil Rights Movement within and beyond the plains.Keywords: Chicana/o Movement, digital history, police brutality, newspapers, protests, student activism
Procedia PDF Downloads 1228810 Bedouin Dispersion in Israel: Between Sustainable Development and Social Non-Recognition
Authors: Tamir Michal
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The subject of Bedouin dispersion has accompanied the State of Israel from the day of its establishment. From a legal point of view, this subject has offered a launchpad for creative judicial decisions. Thus, for example, the first court decision in Israel to recognize affirmative action (Avitan), dealt with a petition submitted by a Jew appealing the refusal of the State to recognize the Petitioner’s entitlement to the long-term lease of a plot designated for Bedouins. The Supreme Court dismissed the petition, holding that there existed a public interest in assisting Bedouin to establish permanent urban settlements, an interest which justifies giving them preference by selling them plots at subsidized prices. In another case (The Forum for Coexistence in the Negev) the Supreme Court extended equitable relief for the purpose of constructing a bridge, even though the construction infringed the Law, in order to allow the children of dispersed Bedouin to reach school. Against this background, the recent verdict, delivered during the Protective Edge military campaign, which dismissed a petition aimed at forcing the State to spread out Protective Structures in Bedouin villages in the Negev against the risk of being hit from missiles launched from Gaza (Abu Afash) is disappointing. Even if, in arguendo, no selective discrimination was involved in the State’s decision not to provide such protection, the decision, and its affirmation by the Court, is problematic when examined through the prism of the Theory of Recognition. The article analyses the issue by tools of theory of Recognition, according to which people develop their identities through mutual relations of recognition in different fields. In the social context, the path to recognition is cognitive respect, which is provided by means of legal rights. By seeing other participants in Society as bearers of rights and obligations, the individual develops an understanding of his legal condition as reflected in the attitude to others. Consequently, even if the Court’s decision may be justified on strict legal grounds, the fact that Jewish settlements were protected during the military operation, whereas Bedouin villages were not, is a setback in the struggle to make the Bedouin citizens with equal rights in Israeli society. As the Court held, ‘Beyond their protective function, the Migunit [Protective Structures] may make a moral and psychological contribution that should not be undervalued’. This contribution is one that the Bedouin did not receive in the Abu Afash verdict. The basic thesis is that the Court’s verdict analyzed above clearly demonstrates that the reliance on classical liberal instruments (e.g., equality) cannot secure full appreciation of all aspects of Bedouin life, and hence it can in fact prejudice them. Therefore, elements of the recognition theory should be added, in order to find the channel for cognitive dignity, thereby advancing the Bedouins’ ability to perceive themselves as equal human beings in the Israeli society.Keywords: bedouin dispersion, cognitive respect, recognition theory, sustainable development
Procedia PDF Downloads 3508809 A Theory of Aftercare for Human Trafficking Survivors: A Grounded Theory Analysis of Survivors and Aftercare Providers in South Africa
Authors: Robyn L. Curran, Joanne R. Naidoo, Gugu Mchunu
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Along with the increasing awareness of human trafficking, is the acknowledgement that it is no longer just a social problem but also a significant public health problem that requires both increased knowledge and the specialist equipping of aftercare providers such as nurses who care for human trafficking survivors. Current discourse regarding aftercare of human trafficking survivors, is that approaches do not clearly explain the function or content of aftercare and what aftercare entails. Although psychological and medical aftercare are emphasized as important components, little practical attention is devoted to what these components actually involve and the effectiveness of current practice in aftercare. Review of the literature on the processes that take place from aftercare to empowerment, revealed the need for emphasis to be placed on the voices of survivors concerning their liberation from oppression. The aim of the study was to develop a theory for aftercare of human trafficking survivors, through analyzing the experiences of survivors and aftercare providers in shelters in three provinces in South Africa. Through using a Straussian grounded theory approach, the researcher developed a theory to inform care of human trafficking survivors in low resource settings using the voice of the survivors and those experienced in direct care of human trafficking survivors. Four human trafficking survivors and three aftercare providers from three shelters in three provinces in South Africa were individually interviewed in order for the theory to emerge. The findings of the study elicited a theoretical model of the renewed self, and the conditions that facilitate this process in care of human trafficking survivors. The process that human trafficking survivors navigate to empowerment require mutual collaboration of the aftercare provider and survivor as the survivor awakens vision, confronts reality, re-salvages autonomy and liberates self. Psychological resilience of the survivor facilitates the transition to renewed self. The recommendations of this study may improve the nursing care provided to human trafficking survivors and equip professionals with knowledge and skills to promote the process of renewing self for survivors.Keywords: aftercare, aftercare providers, grounded theory, human trafficking survivors
Procedia PDF Downloads 2768808 Marriage, Foundation of Family Strength and the Best Opportunity for Human Existence and Relationships
Authors: Tamriko Pavliashvili
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Marriage is such an important institution of family law, which is an indicator of the development of society. Although a family can be created by the birth of a child between an unmarried couple, marriage is still the main basis for the creation of a family, during which the rights and duties imposed require legal regulation. At present, in the conditions of globalization, there are different types of marriage, although, in the main countries, it is still a union of a woman and a man, which involves voluntary cohabitation and assuming and fulfilling the norms and responsibilities established on the basis of the law. Modern society is at the stage where there is a need to create a family, and therefore marriage provides the best opportunity for relationships and existence between people. The mentioned paper about the state institution - of marriage gives us the opportunity to get more information about the existing habits and legal norms from ancient times to the modern period in Georgia, and also through comparison, we will see what the differences and commonalities were and are in the marriage law of the countries of the world and Georgia.Keywords: marriage, family law, the union of man and woman, church law, concubinage, registered marriage, impeding circumstances, positive and negative conditions of marriage
Procedia PDF Downloads 688807 Engaging with Security and State from a Gendered Lens in the South Asian Context: Indian State’s Construction of Internal Security and State Responses
Authors: Pooja Bakshi
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In the following paper, an attempt would be made to engage with the relationship between the state and the imperatives of security from a gendered lens. This will be juxtaposed with the feminist engagement with International Law. Theorizations from the literature on South Asian politics and Global politics would be applied to the manner in which the Indian state has defined and proposed to deal with concerns of internal security pertaining to the ‘Left Wing Extremism’ in 2010-2011. It would be argued that the state needs to be disaggregated into the legislature, executive and the judiciary; since there are times when some institutional parts of the state provide space for progressive democratic engagement whilst other institutions don’t. The specific contours of violence faced by women and children at the hands of the state, in the above-mentioned discourse would also be examined. In the end, implications of the security state discourse on debates in International Law would be elaborated.Keywords: feminist engagement, human rights, state response to left extremism, security studies in South Asia
Procedia PDF Downloads 4938806 Spiritual Causes of Unusual Happenings in Life: An Analytical Study in Religious Perspective
Authors: Muhammad Samiullah
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Unquestionably, Human life has been complex from the beginning. In the modern era, with all advancements in science and technology, this complexity is increasing day by day, and human life is becoming more and more difficult its survive. The world has become more mysterious than before. Human beings are facing unusual happenings and blockages in their lives in the form of illnesses, diseases, relationship problems, and hurdles in the economy with all their advanced knowledge, information, and exposure to the universe and themselves as well. This paper will discuss and analyze the underlying spiritual causes and their effects on human life and also suggests their remedies from an Islamic perspective, i.e., in the light of Theology and Islamic literature. Hermeneutics, narrative, and case study approach are adopted within the qualitative methodology in our findings throughout the research. In our outcomes, we will see that Islam eloquently and adequately describes the spiritual causes and factors regarding the unusual foundations and their effects on human life and also provides the remedies and cures to overcome these blockages.Keywords: religious psychology, spiritual theology, Islam and spirituality, unusual happenings
Procedia PDF Downloads 958805 Separation of Powers and Judicial Review vis-a-vis Judicial Overreach in South Africa: A Critical Analysis
Authors: Linda Muswaka
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The Constitution of the Republic of South Africa, 1996 ranks the Constitution as the Supreme law of the Republic. Law or conduct, inconsistent with the provisions of the Constitution is invalid to the extent of the inconsistency. The Constitution binds all persons and legislative, executive and judicial organs of the State at all levels of government. The Constitution embodies a Bill of Rights and expressly allows for judicial review. The introduction of a chapter of rights requires the judiciary to examine the decisions of the legislature and the executive. In a situation where these conflicts with the Bill of Rights, the judiciary have the constitutional power to overrule such decisions. In exercising its adjudicatory and interpretative powers, the judiciary sometimes arrives at unpopular decisions and accusations of judicial overreach are made. A problem, therefore, emerges on the issue of the separation of powers and judicial review. This paper proposes to, through the South African perspective, investigate the application of the doctrine of separation of powers and judicial review. In this regard, the qualitative method of research will be employed. The reason is that it is best suited to this type of study which entails a critical analysis of legal issues. The following findings are made: (i) a complete separation of powers is not possible. This is because some overlapping of the functions of the three branches of state are unavoidable; (ii) the powers vested in the judiciary does not make it more powerful than the executive and the legislature; (iii) interference by the judiciary in matters concerning other branches is not automatically, judicial overreach; and (iv) if both the executive and legislative organs of government adhere to their constitutional obligations there would be a decrease in the need for judicial interference through court adjudication. The researcher concludes by submitting that the judiciary should not derogate from their constitutionally mandated function of judicial review. The rationale being that that if the values contained in the Constitution are not scrupulously observed and their precepts not carried out conscientiously, the result will be a constitutional crisis of great magnitude.Keywords: constitution, judicial review, judicial overreach, separation of powers
Procedia PDF Downloads 2158804 Freedom of Speech, Dissent and the Right to be Governed By Consensus are Inherent Rights Under Classical Islamic Law
Authors: Ziyad Motala
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It is often proclaimed by leasers in Muslim majority countries that Islamic Law does not permit dissent against a ruler. This paper will evaluate and discuss freedom of speech and dissent as found in concrete prophetic examples during the time of the Prophet Muhammad. It will further look at the examples and practices during the time of the four Noble Caliphs, the immediate successors to the Prophet Muhammad. It will argue that the positivist position of absolute obedience to a ruler is inconsistent with the prophetic tradition. The examples of the Prophet and his immediate four successors (whose lessons Sunni Islam considers to be a source of Islamic Law) demonstrates among the earliest example of freedom of speech and dissent in human history. That tradition frowned upon an inert and uninvolved citizenry. It will conclude with lessons for modern day Muslim majority countries arguing with empirical evidence that freedom of speech, dissent and the right to be governed by consensus versus coercion are fundamental requisites of Islamic law.Keywords: islamic law, demoracy, freedom of speech, right to dissent
Procedia PDF Downloads 728803 Ecological Concerns in Food Systems: An Ethnographical Approach on Vegan Impact in Governmentality
Authors: Jessica Gonzalez
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Veganism, along with different types of vegetarianism, consists in the abstinence of animal products. Far from being only an alimentary regulation, it stands as a political posture against the food industry generating itself a set of beliefs, prohibitions, and attitudes that compel the individual to a reevaluation of his obligations towards the environment. Veganism defends animal rights and at the same time reinforces a different conception of natural resources embodying it in alimentary restrictions. These practices emerge in the context of alimentary modernity, which is characterized by bringing new concerns to the consumer. An increased skepticism towards the government ability to protect food supply; a notable distrust toward the market guaranties on providing safe food with sustainable techniques and the desire to react to the neoliberal forms of exploitation are some of its consequences of this phenomenon. This study aims to approach the concept of governmentality as a coproduced system of legitimized practices and knowledge, formed by the interaction of the different actors that are involved. In a scenario where the State seems to retreat from centralized regulation of food production giving up importance to citizens, dietary consultants, farmers, and stockbreeders, veganism plays its role on the conformation of distinctive forms of environmentalism, nature rights and responses to ecological crisis. The ethnographic method allows observing the mechanisms of interaction of consumers and discourses with the mainstream food system, providing evidence about the means of generation of new conceptions about nature and the environment. The paper focuses on how the dietary restrictions, consumption patterns and public discourses of vegans in Barcelona impact local consumption, demonstrating its relevance as a mechanism that associates particular concerns about food with political economy.Keywords: animal rights, environmentalism, food system, governmentality, veganism
Procedia PDF Downloads 1278802 Managing Diversity in MNCS: A Literature Review of Existing Strategic Models for Managing Diversity and a Roadmap to Transfer Them to the Subsidiaries
Authors: Debora Gottardello, Mireia Valverde Aparicio, Juan Llopis Taverner
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Globalization has given rise to a great diversity in the composition of people in organizations. Diversity management is therefore key to create growth in today’s competitive global marketplace. This work develops a literature review related to the existing models for managing diversity covering the period from 1980 until 2014. Furthermore, it identifies limitations in previous models. More specifically, the literature review reveals that there is a lack of information about how these models can be adapted from the headquarters to the subsidiaries. Therefore, the contribution of this paper is to suggest how the models should be adapted when they are directed to host countries. Our aim is to highlight the limitations of the developed models with regards to the translation of the diversity management practices to the subsidiaries. Accordingly, a model that will enable MNCs to ensure a global strategy is suggested. Taking advantage of the potential incorporated in a culturally diverse work team should be at the top of every international company’s aims. Executives from headquarters need to use different attitudes when transferring diversity practices towards their subsidiaries. Further studies should reassess local practices of diversity management to find out how this universal management model is translated.Keywords: culture diversity, diversity management, human resources management, MNCs, subsidiaries, workforce diversity
Procedia PDF Downloads 2538801 Role of Biotechnology on Pharmaceutical Inventions: An Analysis
Authors: E. Prema
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Biotechnology is a study relating to the practical application of living beings in different fields. Generally, it is a study with regard to living organisms in the industrial utilization. It is the technology, which uses living organisms or its parts for specific commercial use. Modification and application of living beings for different practical purposes is possible through biotechnology. Furthermore, today biotechnology is being used in different fields for better results. It is worthwhile to note here that biotechnology is one of the most innovative and intensive industries. It has used the genetically based characteristics in microorganisms, plants and animals to create drugs and to develop drug therapies, which may prevent, cure or alleviate disease and their symptoms. Drugs are basically chemicals and while patenting drugs, the conditions of patentability of chemicals and the types that can be patented are equally applicable to drugs also. Nowadays, the role of biotechnology for manufacturing drugs has assumed much importance because of intellectual property rights. By way using biotechnology, most of the pharmaceutical inventions are getting protection for the period of 20 years as per the Patents Act, 1970 as amended in 2005. There is no doubt that biotechnology is serving the public at large with regard manufacturing drugs and helping the needy people on time.Keywords: biotechnology, drugs, intellectual property rights, patents
Procedia PDF Downloads 4548800 River Catchment’s Demography and the Dynamics of Access to Clean Water in the Rural South Africa
Authors: Yiseyon Sunday Hosu, Motebang Dominic Vincent Nakin, Elphina N. Cishe
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Universal access to clean and safe drinking water and basic sanitation is one of the targets of the 6th Sustainable Development Goals (SDGs). This paper explores the evidence-based indicators of Water Rights Acts (2013) among households in the rural communities in the Mthatha River catchment of OR Tambo District Municipality of South Africa. Daily access to minimum 25 litres/person and the factors influencing clean water access were investigated in the catchment. A total number of 420 households were surveyed in the upper, peri-urban, lower and coastal regions of Mthatha Rivier catchment. Descriptive and logistic regression analyses were conducted on the data collected from the households to elicit vital information on domestic water security among rural community dwellers. The results show that approximately 68 percent of total households surveyed have access to the required minimum 25 litre/person/day, with 66.3 percent in upper region, 76 per cent in the peri-urban, 1.1 percent in the lower and 2.3 percent in the coastal regions. Only 30 percent among the total surveyed households had access to piped water either in the house or public taps. The logistic regression showed that access to clean water was influenced by lack of water infrastructure, proximity to urban regions, daily flow of pipe-borne water, household size and distance to public taps. This paper recommends that viable integrated rural community-based water infrastructure provision strategies between NGOs and local authority and the promotion of point of use (POU) technologies to enhance better access to clean water.Keywords: domestic water, household technology, water security, rural community
Procedia PDF Downloads 3538799 The Aspect of the Human Bias in Decision Making within Quality Management Systems and LEAN Theory
Authors: Adriana Avila Zuniga Nordfjeld
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This paper provides a literature review to document the state of the art with respect to handling 'human bias' in decision making within the established quality management systems (QMS) and LEAN theory, in the context of shipbuilding. Previous research shows that in shipbuilding there is a huge deviation from the planned man-hours under the project management to the actual man-hours used because of errors in planning and reworks caused by human bias in the information flows among others. This reduces the efficiency and increases operational costs. Thus, the research question is how QMS and LEAN handle biases. The findings show the gap in studying the integration of methods to handle human bias in decision making into QMS and lean, not only within shipbuilding but also in general. Theoretical and practical implications are discussed for researchers and practitioners in the areas of decision making QMS, LEAN, and future research is suggested.Keywords: human bias, decision making, LEAN shipbuilding, quality management systems
Procedia PDF Downloads 5468798 The Impact of the Russian Democratic Weaknesses on the International Society
Authors: Leone Sherman
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While the democratic rights of a citizen may be very clearly outlined in a country’s constitution, it’s not uncommon for political elite to undermine those rights and gain more power and control over a country than it is allowed by this constitution. Moreover, while such a change in some smaller states may not have a substantial impact on the international community, the same change in countries with vast resources and political influence, such as Russia, is always a considerable factor for the world policy. This article aims to research the weaknesses of the Russian democratic system and their effect on the international policy through the three key aspects: The Russian people’s ability to produce the required political will to control their government’s decisions, the current development of the Russian political environment, and the affection of this environment on the world community as a whole during the recent years. The used methodology is a narrative analysis of recent political events, official statistics, international investigations and media statements. As a result, the ever-widening gap between the people and the government becomes evidently seen, as well as the challenges it imposes on the political world arena, both current and those that still lie ahead of us.Keywords: Russia, political analysis, democratic weaknesses, international society
Procedia PDF Downloads 3458797 Musical Composition by Computer with Inspiration from Files of Different Media Types
Authors: Cassandra Pratt Romero, Andres Gomez de Silva Garza
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This paper describes a computational system designed to imitate human inspiration during musical composition. The system is called MIS (Musical Inspiration Simulator). The MIS system is inspired by media to which human beings are exposed daily (visual, textual, or auditory) to create new musical compositions based on the emotions detected in said media. After building the system we carried out a series of evaluations with volunteer users who used MIS to compose music based on images, texts, and audio files. The volunteers were asked to judge the harmoniousness and innovation in the system's compositions. An analysis of the results points to the difficulty of computational analysis of the characteristics of the media to which we are exposed daily, as human emotions have a subjective character. This observation will direct future improvements in the system.Keywords: human inspiration, musical composition, musical composition by computer, theory of sensation and human perception
Procedia PDF Downloads 1818796 Kant’s Conception of Human Dignity and the Importance of Singularity within Commonality
Authors: Francisco Lobo
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Kant’s household theory of human dignity as a common feature of all rational beings is the starting point of any intellectual endeavor to unravel the implications of this normative notion. Yet, it is incomplete, as it neglects considering the importance of the singularity or uniqueness of the individual. In a first, deconstructive stage, this paper describes the Kantian account of human dignity as one among many conceptions of human dignity. It reads carefully into the original wording used by Kant in German and its English translations, as well as the works of modern commentators, to identify its shortcomings. In a second, constructive stage, it then draws on the theories of Aristotle, Alexis de Tocqueville, John Stuart Mill, and Hannah Arendt to try and enhance the Kantian conception, in the sense that these authors give major importance to the singularity of the individual. The Kantian theory can be perfected by including elements from the works of these authors, while at the same time being mindful of the dangers entailed in focusing too much on singularity. The conclusion of this paper is that the Kantian conception of human dignity can be enhanced if it acknowledges that not only morality has dignity, but also the irreplaceable human individual to the extent that she is a narrative, original creature with the potential to act morally.Keywords: commonality, dignity, Kant, singularity
Procedia PDF Downloads 2828795 Copyright Infringement for Academic Authorship in Uganda: Implications on Exemptions of Fair Use for Educational Purposes in Universities
Authors: Elisam Magara
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Like any other property, Intellectual Property (IP) must be regarded, respected, and remunerated to address the historical, ethical, economical and informational needs of society. Article 26 of the Constitution of the Republic of Uganda 1995, the Copyright and Neighbouring Rights (CNR) Act 2006 and CNR Regulations 2010 guide copyright protection in Uganda. However, an unpredictable environment has negatively impact on certain author/intellectual freedoms; and the infringements on academic works that affect the economic rights of authors that limit authors from fully enjoying the benefits of authorship. Notwithstanding the different licensing systems and copyright protection avenues, educational institutions and custodians of copyright works (libraries, archives) have continued to advocate for open access to information resources, under the legal exceptions of fair use for educational purposes. Thus, a study was conducted in educational institutions, libraries and archives in Uganda to assess the state of copyright infringement in Uganda in an increased use of academic authored works. The study attempted to establish the nature and forms of Copyright Infringement, the circumstances for copyright infringement, assessed the opinions from the custodians on strategies for balancing copyright protection for economic and moral gains by authors and increased access to information for educational purposes and fair-use. Through a survey, using a self-administered questionnaire, interviews and physical visits, the study was conducted in higher education institutions, libraries and archives among the officers that manage and keep copyright works. It established that the uncontrolled reproduction of copyright works in educational institutions and information institutions, have contributed copyright infringement robbing authors of their potential economic earnings and limiting their academic innovativeness and creativity. The study also established that lack of consciousness and awareness on copyright issues by lecturers, universities and libraries has made copyright works in Universities highly susceptible to copyright infringement. Thus the increased access to materials without restrictions has resulted in copyright infringement among the educational institutions, libraries and archives. A strategic alliance by the collecting Society (Uganda Reproduction Rights Organisation (URRO), government, Universities and right holders organisations (UTANA) to work together and institute a programme to address copyright protection and access to information is pertinently required.Keywords: access to information, academic Writing, copyright, copyright infringement, copyright protection, exemptions of fair use, intellectual property rights
Procedia PDF Downloads 4508794 Human Errors in IT Services, HFACS Model in Root Cause Categorization
Authors: Kari Saarelainen, Marko Jantti
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IT service trending of root causes of service incidents and problems is an important part of proactive problem management and service improvement. Human error related root causes are an important root cause category also in IT service management, although it’s proportion among root causes is smaller than in the other industries. The research problem in this study is: How root causes of incidents related to human errors should be categorized in an ITSM organization to effectively support service improvement. Categorization based on IT service management processes and based on Human Factors Analysis and Classification System (HFACS) taxonomy was studied in a case study. HFACS is widely used in human error root cause categorization across many industries. Combining these two categorization models in a two dimensional matrix was found effective, yet impractical for daily work.Keywords: IT service management, ITIL, incident, problem, HFACS, swiss cheese model
Procedia PDF Downloads 4868793 Study of Radioactivity of Oil and Gas
Authors: Harish Aryal, Thalia Balderas, Alondra Rodriguez
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Radioactivity present in nature possess a major challenge to public health and occupational concerns. Even at low doses, NORM can cause radiation-induced cancers, heritable diseases, genetic defects, etc. There have not been enough radiological studies and consequently, there is a lack of supportive data. In addition, there is no universal medical surveillance program for low-level doses and there is a need for NORM management guidelines for appropriate control. Naturally Occurring Radioactive Material (NORM) is present everywhere during oil/gas exploration. Currently, there is limited data available to quantify radioactivity. This research presents the study of radioactivity in different areas in the United States to be encouraged to be used for further study in Texas or similar areas within the oil and gas industry. Many materials that are found in the oil and gas industry are NORM (Naturally Occurring Radioactive Materials). The NORM is made of various types of materials, including Radium 226, Radium 228, and Radon 222. Efforts to characterize the geographic distribution of NORM have been limited by poor statistical representation in this area of study. In addition, the fate of NORM in the environment has not been fully defined, and few human health risk assessments have been conducted. To further comprehend how to measure radioactivity in oil and gas, it will be essential to understand the amount and type of radioactivity that is wasted on the water and soil of the industry.Keywords: NORM, radium 226, radon 222, radionuclides, geological formations
Procedia PDF Downloads 87