Search results for: legal research
24323 The Role of the Basel Accords in Mitigating Systemic Risk
Authors: Wassamon Kun-Amornpong
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When a financial crisis occurs, there will be a law and regulatory reform in order to manage the turmoil and prevent a future crisis. One of the most important regulatory efforts to help cope with systemic risk and a financial crisis is the third version of the Basel Accord. Basel III has introduced some measures and tools (e.g., systemic risk buffer, countercyclical buffer, capital conservation buffer and liquidity risk) in order to mitigate systemic risk. Nevertheless, the effectiveness of these measures in Basel III in adequately addressing the problem of contagious runs that can quickly spread throughout the financial system is questionable. This paper seeks to contribute to the knowledge regarding the role of the Basel Accords in mitigating systemic risk. The research question is to what extent the Basel Accords can help control systemic risk in the financial markets? The paper tackles this question by analysing the concept of systemic risk. It will then examine the weaknesses of the Basel Accords before and after the Global financial crisis in 2008. Finally, it will suggest some possible solutions in order to improve the Basel Accord. The rationale of the study is the fact that academic works on systemic risk and financial crises are largely studied from economic or financial perspective. There is comparatively little research from the legal and regulatory perspective. The finding of the paper is that there are some problems in all of the three pillars of the Basel Accords. With regards to Pillar I, the risk model is excessively complex while the benefits of its complexity are doubtful. Concerning Pillar II, the effectiveness of the risk-based supervision in preventing systemic risk still depends largely upon its design and implementation. Factors such as organizational culture of the regulator and the political context within which the risk-based supervision operates might be a barrier against the success of Pillar II. Meanwhile, Pillar III could not provide adequate market discipline as market participants do not always act in a rational way. In addition, the too-big-to-fail perception reduced the incentives of the market participants to monitor risks. There has been some development in resolution measure (e.g. TLAC and MREL) which might potentially help strengthen the incentive of the market participants to monitor risks. However, those measures have some weaknesses. The paper argues that if the weaknesses in the three pillars are resolved, it can be expected that the Basel Accord could contribute to the mitigation of systemic risk in a more significant way in the future.Keywords: Basel accords, financial regulation, risk-based supervision, systemic risk
Procedia PDF Downloads 11824322 Initial Concept of Islamic Social Entrepreneurship: Identification of Research Gap from Existing Model
Authors: Mohd Adib Abd Muin
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Social entrepreneurship has become a new phenomenon in a country in order to reduce social problems and eradicate poverty communities. However, the study based on Islamic social entrepreneurship from the social entrepreneurial activity is still new especially in the Islamic perspective. In addition, this research found that is lacking of model on social entrepreneurship that focus on Islamic perspective. Therefore, the objective of this paper is to identify the issues and research gap based on Islamic perspective from existing models and to develop a concept of Islamic social entrepreneurship according to Islamic perspective and Maqasid Shari’ah. The research method used in this study is literature review and comparative analysis from 11 existing models of social entrepreneurship. The research finding shows that 11 existing models on social entrepreneurship has been analyzed and it shows that the existing models on social entrepreneurship do not emphasize on Islamic perspective.Keywords: component, social entrepreneurship, Islamic perspective, research gap
Procedia PDF Downloads 43624321 The Right to Engage in Collective Bargaining in South Africa: An Exploratory Analysis
Authors: Koboro J. Selala
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Whilst the system of collective bargaining is well-researched in South Africa, recent studies reveal that this is an area of law and practice that is poorly understood. Despite the growing attention being paid by most scholars to the role of collective bargaining in the labour relations system, only a handful of the studies have considered collective bargaining as a mechanism of dispute resolution. The purpose of this paper is to provide a critical analysis of the current understanding of the right to engage in collective bargaining in South Africa to assess the extent to which collective bargaining is used to resolve labour disputes. The overall objective is to offer a deeper understanding of the role of collective bargaining in dispute resolution process within the South African constitutional labour law context. To this end, the paper examines the applicable legal framework of collective bargaining to address two fundamental questions that are critical to the proper understanding of the functioning of the South African collective labour dispute resolution system. The first concerns the extent to which the current South African legislative framework supports the fundamental labour rights entrenched in the Constitution of the Republic of South Africa. The second addresses the role of trade unions in collective dispute resolution processes and the extent to which they can best utilize collective bargaining to resolve labour disputes. Finally, the paper discusses the general implications of the findings to stimulate further research and to enhance the constitutional development of collective labour rights in South Africa.Keywords: collective bargaining, constitution, freedom of association, labour relations act
Procedia PDF Downloads 30924320 Coconut Shells as the Alternative Equipment for Foot Reflexology
Authors: Nichanant Sermsri, Chananchida Yuktirat
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This research was the experimental research. Its purpose was to find out how coconut shells can be adapted to be equipment for foot and calf reflexology. The sample group was 58 female street vendors in Thewet Market, Dusit District, Bangkok, selected by selection criteria and voluntary. The data collecting tool in this research was the Visual Analogue Scale. The massaging tool made from coconut shells (designed and produced by the research team) was the key equipment for this research. The duration of the research was 1 month. The research team assessed the level of exhaustion and heart rate among sample group before and after the massage, then analyzed the data by mean, standard deviation and paired sample t-test. We found out from the research that 1) The level of exhaustion decreased 4.529 levels after the massage. The standard deviation was 1.6195. The heart rates went down 11.67 times/minute. The standard deviation was 6.742. 2) The level of exhaustion and heart rate after the massage decreased with the statistically significance at 0.01.Keywords: foot reflexology, massaging plate, coconut shells, ecological sciences
Procedia PDF Downloads 18124319 Addressing Cultural Discrimination in Research Design: The Responsibilities of Ethics Committees
Authors: Elspeth McInnes
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Research design is central to ethical research. Discriminatory research design is a key risk for researchers examining diverse cultural groups without conscious commitment to anti-discrimination values or knowledge of their culture. Culturally discriminatory research design is defined here as research proceeding from negative assumptions about people on the basis of race, colour, ethnicity, nationality or religion. Such discrimination can be direct or indirect. Direct discrimination is the uncritical mobilization of dominant group negative stereotypes of cultural minorities. Indirect discrimination is the examination of policies or programs grounded in dominant culture negative stereotypes that have been uncritically accepted by the researchers. This paper draws on anonymized elements of planned research projects and considers both direct and indirect cultural discrimination in research design and the responsibilities of ethics committees. Human research ethics committees provide a point of scrutiny with responsibility to alert researchers to risks of basing research on negative cultural stereotypes, as well as protecting participants from being subjected to negative discourses about them. This issue has become an increasing concern in a globalizing world of human displacement and migration creating a rise in the presence of minority cultures in host countries. As a nation established through colonization and immigration Australia has a long history of negative cultural stereotypes of Indigenous Australians as well as a legacy of the White Australia policy, which still echoes in attitudes to each wave of non-European immigration. The task of eliminating cultural discrimination in research design is vital to sustaining research integrity and ensuring that research is not used to reinforce or justify cultural discrimination.Keywords: cultural discrimination, cultural stereotypes, participant risk, research design
Procedia PDF Downloads 12624318 The Human Process of Trust in Automated Decisions and Algorithmic Explainability as a Fundamental Right in the Exercise of Brazilian Citizenship
Authors: Paloma Mendes Saldanha
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Access to information is a prerequisite for democracy while also guiding the material construction of fundamental rights. The exercise of citizenship requires knowing, understanding, questioning, advocating for, and securing rights and responsibilities. In other words, it goes beyond mere active electoral participation and materializes through awareness and the struggle for rights and responsibilities in the various spaces occupied by the population in their daily lives. In times of hyper-cultural connectivity, active citizenship is shaped through ethical trust processes, most often established between humans and algorithms. Automated decisions, so prevalent in various everyday situations, such as purchase preference predictions, virtual voice assistants, reduction of accidents in autonomous vehicles, content removal, resume selection, etc., have already found their place as a normalized discourse that sometimes does not reveal or make clear what violations of fundamental rights may occur when algorithmic explainability is lacking. In other words, technological and market development promotes a normalization for the use of automated decisions while silencing possible restrictions and/or breaches of rights through a culturally modeled, unethical, and unexplained trust process, which hinders the possibility of the right to a healthy, transparent, and complete exercise of citizenship. In this context, the article aims to identify the violations caused by the absence of algorithmic explainability in the exercise of citizenship through the construction of an unethical and silent trust process between humans and algorithms in automated decisions. As a result, it is expected to find violations of constitutionally protected rights such as privacy, data protection, and transparency, as well as the stipulation of algorithmic explainability as a fundamental right in the exercise of Brazilian citizenship in the era of virtualization, facing a threefold foundation called trust: culture, rules, and systems. To do so, the author will use a bibliographic review in the legal and information technology fields, as well as the analysis of legal and official documents, including national documents such as the Brazilian Federal Constitution, as well as international guidelines and resolutions that address the topic in a specific and necessary manner for appropriate regulation based on a sustainable trust process for a hyperconnected world.Keywords: artificial intelligence, ethics, citizenship, trust
Procedia PDF Downloads 5424317 A Scoping Review of Trends in Climate Change Research in Ghana
Authors: Emmanuel Bintaayi Jeil, Kabila Abass, David Forkuor, Divine Odame Appiah
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In Ghana, the nature and trends of climate change-related research are not clear. This study synthesises various research evidence on climate change published in Ghana between 1999 and 2018. Data for the review was gathered using a set of search words performed in Google Scholar, Web of Science, ProQuest, and ScienceDirect following scoping review guidelines stipulated by the Joanna Briggs Institute. Data were analysed using a scoping review. A total of 114 eligible articles were identified and included in the synthesis. Findings revealed that research on climate change in Ghana is growing steadily, and most of the studies were conducted in 2018. Trends in climate change research in Ghana relate to agriculture and development. There is a lack of attention on climate change issues related to women, water availability and management, and health. Future research should therefore focus on addressing these issues in addition to alternative livelihoods for vulnerable people.Keywords: scoping review, trends, climate change, research, Ghana
Procedia PDF Downloads 10424316 Global Migration and Endangered Majorities in Europe
Authors: Liav Orgad
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This article challenges one of the most fundamental propositions in the democratic theory that the majority culture is protected merely by the forces of democracy and thus needs no special legal protection. By describing changes in the patterns of migration to Europe, in the face of the European society, and in the world as a whole, the Article demonstrates that the majority culture is no longer automatically protected by the forces of democracy. It claims that the changing reality is not adequately addressed by political theory and human rights law and advances the promotion of a new concept—'cultural majority rights'.Keywords: European migration, European demography, democratic theory, majority rights, integration
Procedia PDF Downloads 39124315 Carbon Capture and Storage in Geological Formation, its Legal, Regulatory Imperatives and Opportunities in India
Authors: Kalbende Krunal Ramesh
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The Carbon Capture and Storage Technology (CCS) provides a veritable platform to bridge the gap between the seemingly irreconcilable twin global challenges of ensuring a secure, reliable and diversified energy supply and mitigating climate change by reducing atmospheric emissions of carbon dioxide. Making its proper regulatory policy and making it flexible for the government and private company by law to regulate, also exploring the opportunity in this sector is the main aim of this paper. India's total annual emissions was 1725 Mt CO2 in 2011, which comprises of 6% of total global emission. It is very important to control the greenhouse gas emission for the environment protection. This paper discusses the various regulatory policy and technology adopted by some of the countries for successful using CCS technology. The brief geology of sedimentary basins in India is studied, ranging from the category I to category IV and deep water and potential for mature technology in CCS is reviewed. Areas not suitable for CO2 storage using presently mature technologies were over viewed. CSS and Clean development mechanism was developed for India, considering the various aspects from research and development, project appraisal, approval and validation, implementation, monitoring and verification, carbon credit issued, cap and trade system and its storage potential. The opportunities in oil and gas operations, power sector, transport sector is discussed briefly.Keywords: carbon credit issued, cap and trade system, carbon capture and storage technology, greenhouse gas
Procedia PDF Downloads 42524314 Retrospective Reconstruction of Time Series Data for Integrated Waste Management
Authors: A. Buruzs, M. F. Hatwágner, A. Torma, L. T. Kóczy
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The development, operation and maintenance of Integrated Waste Management Systems (IWMS) affects essentially the sustainable concern of every region. The features of such systems have great influence on all of the components of sustainability. In order to reach the optimal way of processes, a comprehensive mapping of the variables affecting the future efficiency of the system is needed such as analysis of the interconnections among the components and modelling of their interactions. The planning of a IWMS is based fundamentally on technical and economical opportunities and the legal framework. Modelling the sustainability and operation effectiveness of a certain IWMS is not in the scope of the present research. The complexity of the systems and the large number of the variables require the utilization of a complex approach to model the outcomes and future risks. This complex method should be able to evaluate the logical framework of the factors composing the system and the interconnections between them. The authors of this paper studied the usability of the Fuzzy Cognitive Map (FCM) approach modelling the future operation of IWMS’s. The approach requires two input data set. One is the connection matrix containing all the factors affecting the system in focus with all the interconnections. The other input data set is the time series, a retrospective reconstruction of the weights and roles of the factors. This paper introduces a novel method to develop time series by content analysis.Keywords: content analysis, factors, integrated waste management system, time series
Procedia PDF Downloads 31824313 Perceived Barriers and Benefits of Technology-Based Progress Monitoring for Non-Academic Individual Education Program Goals
Authors: A. Drelick, T. Sondergeld, M. Decarlo-Tecce, K. McGinley
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In 1975, a free, appropriate public education (FAPE) was granted for all students in the United States regardless of their disabilities. As a result, the special education landscape has been reshaped through new policies and legislation. Progress monitoring, a specific component of an Individual Education Program (IEP) calls, for the use of data collection to determine the appropriateness of services provided to students with disabilities. The recent US Supreme Court ruling in Endrew F. v. Douglas County warrants giving increased attention to student progress, specifically pertaining to improving functional, or non-academic, skills that are addressed outside the general education curriculum. While using technology to enhance data collection has become a common practice for measuring academic growth, its application for non-academic IEP goals is uncertain. A mixed-methods study examined current practices and rationales for implementing technology-based progress monitoring focused on non-academic IEP goals. Fifty-seven participants responded to an online survey regarding their progress monitoring programs for non-academic goals. After isolated analysis and interpretation of quantitative and qualitative results, data were synthesized to produce meta-inferences that drew broader conclusions on the topic. For the purpose of this paper, specific focus will be placed on the perceived barriers and benefits of implementing technology-based progress monitoring protocols for non-academic IEP goals. The findings of this study highlight facts impacting the use of technology-based progress monitoring. Perceived barriers to implementation include: (1) lack of training, (2) access to technology, (3) outdated or inoperable technology, (4) reluctance to change, (5) cost, (6) lack of individualization within technology-based programs, and (7) legal issues in special education; while perceived benefits include: (1) overall ease of use, (2) accessibility, (3) organization, (4) potential for improved presentation of data, (5) streamlining the progress-monitoring process, and (6) legal issues in special education. Based on these conclusions, recommendations are made to IEP teams, school districts, and software developers to improve the progress-monitoring process for functional skills.Keywords: special education, progress monitoring, functional skills, technology
Procedia PDF Downloads 23224312 'I'm in a Very Safe Place': Webcam Sex Workers in Aotearoa, New Zealand and Their Perceptions of Danger and Risk
Authors: Madeline V. Henry
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Sex work is a contested subject in academia. Many authors now argue that the practice should be recognized as a legitimate and rationally chosen form of labor, and that decriminalization is necessary to ensure the safety of sex workers and reduce their stigmatization. However, a prevailing argument remains that the work is inherently violent and oppressive and that all sex workers are directly or indirectly coerced into participating in the industry. This argument has been complicated by the recent proliferation of computer-mediated technologies that allow people to conduct sex work without the need to be physically co-present with customers or pimps. One example of this is the practice of ‘camming’, wherein ‘webcam models’ stream themselves stripping and/or performing autoerotic stimulation in an online chat-room for payment. In this presentation, interviews with eight ‘camgirls’ (aged 22-34) will be discussed. Their talk has been analyzed using Foucauldian discourse analysis, focusing on common discursive threads in relation to the work and their subjectivities. It was found that the participants demonstrated appreciation for the lack of physical danger they were in, but emphasized the unique and significant dangers of online-based sex work (their images and videos being recorded and shared without their consent, for example). Participants also argued that their largest concerns were based around stigma, which they claimed remained prevalent despite the decriminalized legal model in Aotearoa/New Zealand (which has been in place for over 14 years). Overall, this project seeks to challenge commonplace academic approaches to sex work, adding further research to support sex workers’ rights and highlighting new issues to consider in a digital environment.Keywords: camming, sex work, stigma, risk
Procedia PDF Downloads 14624311 Employment Discrimination on Civil Servant Recruitment
Authors: Li Lei, Jia Jidong
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Employment right is linked to the people’s livelihood in our society. As a most important and representative part in the labor market, the employment of public servants is always taking much attention. But the discrimination in the employment of public servants has always existed and, to become a controversy in our society. The paper try to discuss this problem from four parts as follows: First, the employment of public servants has a representative status in our labor market. The second part is about the discrimination in the employment of public servants. The third part is about the right of equality and its significance. The last part is to analysis the legal predicament about discrimination in the employment of public servants in China.Keywords: discrimination, employment of public servants, right of labor, law
Procedia PDF Downloads 39424310 Closing the Front Door of Child Protection: Rethinking Mandated Reporting
Authors: Miriam Itzkowitz, Katie Olson
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Through an interdisciplinary and trauma-responsive lens, this article reviews the legal and social history of mandated reporting laws and family separation, examines the ethical conundrum of mandated reporting as it relates to evidence-based practice, and discusses alternatives to mandated reporting as a primary prevention strategy. Using existing and emerging data, the authors argue that mandated reporting as a universal strategy contributes to racial disproportionality in the child welfare system and that anti-racist practices should begin with an examination of our reliance on mandated reporting.Keywords: child welfare, education, mandated reporting, racial disproportionality, trauma
Procedia PDF Downloads 33324309 Science Communication: A Possible Dialogue between Researchers and Agribusiness Farmers
Authors: Cristiane Hengler Corrêa Bernardo
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The communication is an essential part of the process that characterizes scientific research. It should be present in every stage of research in a systemic way. However, this process is not always efficient and effective. Reports of researchers focused on agribusiness point to difficulties in communicating with farmers that negatively impact on research results and may cause distortions and even quite significant inconsistencies. This research aims at identifying the main noise and barriers in communication between agribusiness researchers and farmers. It discusses the possibility of creating a specific strategy to correct or minimize such failures. The main research question: what features of the communication process will be decisive for the communication between agribusiness researcher and farmer occur with greater efficiency? It is expected that the research will result in processes that may correct or minimize such problems, promoting dialogues more efficient knowledge. The research will adopt a qualitative approach, using action research as a form of investigative action for social and educational nature, aiming at promoting understanding and interaction between researchers and members of the investigated situations. To collect and analyze data to document analysis will be used; questionnaires and interviews and content analysis.Keywords: agribusiness farmers, researchers, science communication, analysis
Procedia PDF Downloads 26924308 A Systematic Review of Process Research in Software Engineering
Authors: Tulasi Rayasa, Phani Kumar Pullela
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A systematic review is a research method that involves collecting and evaluating the information on a specific topic in order to provide a comprehensive and unbiased review. This type of review aims to improve the software development process by ensuring that the research is thorough and accurate. To ensure objectivity, it is important to follow systematic guidelines and consider multiple sources, such as literature reviews, interviews, and surveys. The evaluation process should also be streamlined by incorporating research from journals and other sources, such as grey literature. The main goal of a systematic review is to identify the consistency of current models in the field of computer application and software engineering.Keywords: computer application, software engineering, process research, data science
Procedia PDF Downloads 9124307 Graffiti as Intelligence: an Analysis of Encoded Messages in Gang Graffiti Renderings
Authors: Timothy Kephart
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Many law enforcement officials believe that gangs communicate messages to both the community and to rival gangs through graffiti. Some social scientists have documented this as well, however no recent research has examined gang graffiti for its underlying meaning. Empirical research on gang graffiti and gang communication through graffiti is limited. This research can be described as an exploratory effort to better understand how, and perhaps why, gangs employ this medium for communication. Furthermore this research showcases how law enforcement agencies can utilize this hidden form of communication to better direct resources and impact gang violence.Keywords: gangs, graffiti, juvenile justice, policing
Procedia PDF Downloads 42924306 The Continuing Professional Development of the Assessment through Research-Based Learning in Higher Education of Thailand
Authors: P. Junpeng, A. Tungkasamit
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Research-based learning is the key for the national research universities of Thailand. The indicator reflects the success of the study in assessing the learning outcomes of students. The development of the lecturers is the most important mechanism in driving. Nowadays the lecturers lack the knowledge and skills of assessment for learning. Therefore, this study aims to develop the knowledge and skills for lecturer’s assessment through research-based learning in higher education. The target group were lecturers who teach in higher education from Khon Kaen University of Thailand. This study was a research and development involved the concept of continuing professional development. Research was conducted in 3 phases: 1) to inspire one’s thought, to accomplish both knowledge and skill, 2) to focus on changes, and 3) to reflect the changes as well as suggest the guidelines for development. The results showed that the lecturers enhanced their knowledge and skill in assessment and emphasized on assessment for learning rather than assessment of learning.Keywords: research-based nexus, professional development, assessment for learning, higher education
Procedia PDF Downloads 35424305 A Scoping Review of Technology-Facilitated Gender-Based Violence: Findings from Asia
Authors: Vaiddehi Bansal, Laura Hinson, Mayumi Rezwan, Erin Leasure, Mithila Iyer, Connor Roth, Poulomi Pal, Kareem Kysia
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As digital usage becomes increasingly ubiquitous worldwide, technology-facilitated gender-based violence (GBV) has garnered increasing attention in the recent years, especially during the COVID-19 pandemic. This form of violence is defined as “action by one or more people that harms others based on their sexual or gender identity or by enforcing harmful gender norms. This action is carried out using the internet and/or mobile technology that harms others based on their sexual or gender identity or by enforcing harmful gender norms”.Common forms of technology-facilitated GBV include cyberstalking, cyberbullying, sexual harassment, image-based abuse, doxing, hacking, gendertrolling, hate speech, and impersonation. Most literature on this pervasive yet complex issue has emerged from high-income countries, and few studies comprehensively summarize its prevalence, manifestations, and implications. This rigorous scoping review examines the evidence base of this phenomenon in low and middle-income countries across Asia, summarizing trends and gaps to inform actionable recommendations. The research team developed search terms to conduct a comprehensive search of peer-reviewed and grey literature. Query results were eligible for inclusion if they were published in English between 2006-2021 and with an explicit emphasis on technology-facilitated violence, gender, and the countries of interest in the Asia region. Title, abstracts, and full-texts were independently screened by two reviewers based on inclusion criteria, and data was extracted through deductive coding. Of 2,042 articles screened, 97 met inclusion criteria. The review revealed a gap in the evidence-base in Central Asia and the Pacific Islands. Findings across South and Southeast Asia indicate that technology-facilitated GBV comprises various forms of abuse, violence, and harassment that are largely shaped by country-specific societal norms and technological landscapes. The literature confirms that women, girls, and sexual minorities, especially those with intersecting marginalized identities, are often more vulnerable to experiencing online violence. Cultural norms and patriarchal structures tend to stigmatize survivors, limiting their ability to seek social and legal support. Survivors are also less likely to report their experience due to barriers such as lack of awareness of reporting mechanisms, the perception that digital platforms will not address their complaints, and cumbersome reporting systems. The COVID-19 pandemic has further exacerbated perpetration and strained support mechanisms. Prevalence varies by the form of violence but is difficult to estimate accurately due to underreporting and disjointed, outdated, or non-existent legal definitions. Addressing technology-facilitated GBV in Asia requires collective action from multiple actors, including government authorities, technology companies, digital and feminist movements, NGOs, and researchers.Keywords: gender-based violence, technology, online sexual harassment, image-based abuse
Procedia PDF Downloads 12024304 The Conundrum of Marital Rape in Malawi: The Past, the Present and the Future
Authors: Esther Gumboh
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While the definition of rape has evolved over the years and now differs from one jurisdiction to another, at the heart of the offence remains the absence of consent on the part of the victim. In simple terms, rape consists in non-consensual sexual intercourse. Therefore, the core issue is whether the accused acted with the consent of the victim. Once it is established that the act was consensual, a conviction of rape cannot be secured. Traditionally, rape within marriage was impossible because it was understood that a woman gave irrevocable consent to sex with her husband throughout the duration of the marriage. This position has since changed in most jurisdictions. Indeed, Malawian law now recognises the offence of marital rape. This is a victory for women’s rights and gender equality. Curiously, however, the definition of marital rape endorsed differs from the standard understanding of rape as non-consensual sex. Instead, the law has introduced the concept of unreasonableness of the refusal to engage in sex as a defence to an accused. This is an alarming position that undermines the protection sought to be derived from the criminalisation of rape within marriage. Moreover, in the Malawian context where rape remains an offence only men can commit against women, the current legal framework for marital rape perpetuates the societal misnomer that a married woman gives a once-off consent to sexual intercourse by virtue of marriage. This takes us back to the old common law position which many countries have moved away from. The present definition of marital rape under Malawian law also sits at odd with the nature of rape that is applicable to all other instances of non-consensual sexual intercourse. Consequently, the law fails to protect married women from unwanted sexual relations at the hands of their husbands. This paper critically examines the criminalisation of marital rape in Malawi. It commences with a historical account of the conceptualisation of rape and then looks at judgments that rejected the validity of marital rape. The discussion then moves to the debates that preceded the criminalisation of marital rape in Malawi and how the Law Commission reasoned to finally make a recommendation in its favour. Against this background, the paper analyses the legal framework for marital rape and what this means for the elements of the offence and defences that may be raised by an accused. In the final analysis, this contribution recommends that there is need to amend the definition of marital rape. Better still, the law should simply state that the fact of marriage is not a defence to a charge of rape, or, in other words, that there is no marital rape exemption. This would automatically mean that husbands are subjected to the same criminal law principles as their unmarried counterparts when it comes to non-consensual sexual intercourse with their wives.Keywords: criminal law, gender, Malawi, marital rape, rape, sexual intercourse
Procedia PDF Downloads 33424303 The Development of Ability in Reading Comprehension Based on Metacognitive Strategies for Mattayom 3 Students
Authors: Kanlaya Ratanasuphakarn, Suttipong Boonphadung
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The research on the development of ability in reading comprehension based on metacognitive strategies aimed to (1) improve the students’development of ability in reading comprehension based on metacognitive strategies, (2) evaluate the students’ satisfaction on using metacognitive strategies in learning as a tool developing the ability in reading comprehension. Forty-eight of Mattayom 3 students who have enrolled in the subject of research for learning development of semester 2 in 2013 were purposively selected as the research cohort. The research tools were lesson plans for reading comprehension, pre-posttest and satisfaction questionnaire that were approved as content validity and reliability (IOC=.66-1.00,0.967). The research found that the development of ability in reading comprehension of the research samples before using metacognitive strategies in learning activities was in the normal high level. Additionally, the research discovered that the students’ satisfaction of the research cohort after applying model in learning activities appeared to be high level of satisfaction on using metacognitive strategies in learning as a tool for the development of ability in reading comprehension.Keywords: development of ability, metacognitive strategies, satisfaction, reading comprehension
Procedia PDF Downloads 29824302 Retrospection and Introspection on the Three-Decade Sight Translation Research in China—Bibliometric Analysis of CNKI (1987—2015) Relevant Articles
Authors: Wei Deng
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Based on sorting and analyzing related literature on CNKI for nearly three decades between 1987—2015, this paper, adopting the method of bibliometrics, summarized and reviewed the domestic research on sight translation from three aspects. The analysis concluded the following findings: 1) The majority research had focused on the noumenon of sight translation. The rest of the three main research perspectives are in descending order: sight translation teaching, sight translation skills and other associated skills, and cognitive research of sight translation. 2) The domestic research increased significantly in recent five years, but there is much room for the quality. 3) The non-empirical study has had higher proportion, while the empirical study is unitary with the lack of triangle validation. This paper suggested that sight translation being in sore need of unified definition, multilingual, even interdisciplinary cooperation.Keywords: bibliometric analysis, perspectives, sight translation, tendency
Procedia PDF Downloads 33024301 Regulation of Cultural Relationship between Russia and Ukraine after Crimea’s Annexation: A Comparative Socio-Legal Study
Authors: Elena Sherstoboeva, Elena Karzanova
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This paper explores the impact of the annexation of Crimea on the regulation of live performances and tour management of Russian pop music performers in Ukraine and of Ukrainian performers in Russia. Without a doubt, the cultural relationship between Russia and Ukraine is not limited to this issue. Yet concert markets tend to respond particularly rapidly to political, economic, and social changes, especially in Russia and Ukraine, where the high level of digital piracy means that the music businesses mainly depend upon income from performances rather than from digital rights sales. This paper argues that the rules formed in both countries after Russia’s annexation of Crimea in 2014 have contributed to the separation of a single cultural space that had existed in Soviet and Post-Soviet Russia and Ukraine before the annexation. These rules have also facilitated performers’ self-censorship and increased the politicisation of the music businesses in the two neighbouring countries. This study applies a comparative socio-legal approach to study Russian and Ukrainian live events and tour regulation. A qualitative analysis of Russian and Ukrainian national and intergovernmental legal frameworks is applied to examine formal regulations. Soviet and early post-Soviet laws and policies are also studied, but only to the extent that they help to track the changes in the Russian–Ukrainian cultural relationship. To identify and analyse the current informal rules, the study design includes in-depth semi-structured interviews with 30 live event or tour managers working in Russia and Ukraine. A case study is used to examine how the Eurovision Song Contest, an annual international competition, has played out within the Russian–Ukrainian conflict. The study suggests that modern Russian and Ukrainian frameworks for live events and tours have developed Soviet regulatory traditions when cultural policies served as a means of ideological control. At the same time, contemporary regulations mark a considerable perspective shift, as the previous rules have been aimed at maintaining close cultural connections between the Russian and Ukrainian nations. Instead of collaboration, their current frameworks mostly serve as forms of repression, implying that performers must choose only one national market in which to work. The regulatory instruments vary and often impose limitations that typically exist in non-democratic regimes to restrict foreign journalism, such as visa barriers or bans on entry. The more unexpected finding is that, in comparison with Russian law, Ukrainian regulations have created more obstacles to the organisation of live tours and performances by Russian artists in Ukraine. Yet this stems from commercial rather than political factors. This study predicts that the more economic challenges the Russian or Ukrainian music businesses face, the harsher the regulations will be regarding the organisation of live events or tours in the other country. This study recommends that international human rights organisations and non-governmental organisations develop and promote specific standards for artistic rights and freedoms, given the negative effects of the increasing politicisation of the entertainment business and cultural spheres to freedom of expression and cultural rights and pluralism.Keywords: annexation of Crimea, artistic freedom, censorship, cultural policy
Procedia PDF Downloads 11224300 Large-scale GWAS Investigating Genetic Contributions to Queerness Will Decrease Stigma Against LGBTQ+ Communities
Authors: Paul J. McKay
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Large-scale genome-wide association studies (GWAS) investigating genetic contributions to sexual orientation and gender identity are largely lacking and may reduce stigma experienced in the LGBTQ+ community by providing an underlying biological explanation for queerness. While there is a growing consensus within the scientific community that genetic makeup contributes – at least in part – to sexual orientation and gender identity, there is a marked lack of genomics research exploring polygenic contributions to queerness. Based on recent (2019) findings from a large-scale GWAS investigating the genetic architecture of same-sex sexual behavior, and various additional peer-reviewed publications detailing novel insights into the molecular mechanisms of sexual orientation and gender identity, we hypothesize that sexual orientation and gender identity are complex, multifactorial, and polygenic; meaning that many genetic factors contribute to these phenomena, and environmental factors play a possible role through epigenetic modulation. In recent years, large-scale GWAS studies have been paramount to our modern understanding of many other complex human traits, such as in the case of autism spectrum disorder (ASD). Despite possible benefits of such research, including reduced stigma towards queer people, improved outcomes for LGBTQ+ in familial, socio-cultural, and political contexts, and improved access to healthcare (particularly for trans populations); important risks and considerations remain surrounding this type of research. To mitigate possibilities such as invalidation of the queer identities of existing LGBTQ+ individuals, genetic discrimination, or the possibility of euthanasia of embryos with a genetic predisposition to queerness (through reproductive technologies like IVF and/or gene-editing in utero), we propose a community-engaged research (CER) framework which emphasizes the privacy and confidentiality of research participants. Importantly, the historical legacy of scientific research attempting to pathologize queerness (in particular, falsely equating gender variance to mental illness) must be acknowledged to ensure any future research conducted in this realm does not propagate notions of homophobia, transphobia or stigma against queer people. Ultimately, in a world where same-sex sexual activity is criminalized in 69 UN member states, with 67 of these states imposing imprisonment, 8 imposing public flogging, 6 (Brunei, Iran, Mauritania, Nigeria, Saudi Arabia, Yemen) invoking the death penalty, and another 5 (Afghanistan, Pakistan, Qatar, Somalia, United Arab Emirates) possibly invoking the death penalty, the importance of this research cannot be understated, as finding a biological basis for queerness would directly oppose the harmful rhetoric that “being LGBTQ+ is a choice.” Anti-trans legislation is similarly widespread: In the United States in 2022 alone (as of Oct. 13), 155 anti-trans bills have been introduced preventing trans girls and women from playing on female sports teams, barring trans youth from using bathrooms and locker rooms that align with their gender identity, banning access to gender affirming medical care (e.g., hormone-replacement therapy, gender-affirming surgeries), and imposing legal restrictions on name changes. Understanding that a general lack of knowledge about the biological basis of queerness may be a contributing factor to the societal stigma faced by gender and sexual orientation minorities, we propose the initiation of large-scale GWAS studies investigating the genetic basis of gender identity and sexual orientation.Keywords: genome-wide association studies (GWAS), sexual and gender minorities (SGM), polygenicity, community-engaged research (CER)
Procedia PDF Downloads 6324299 Modern Wars: States Responsibility
Authors: Lakshmi Chebolu
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'War’, the word itself, is so vibrant and handcuffs the entire society. Since the beginning of manhood, the world has been evident in constant struggles. However, along with the growth of communities, relations, on the one hand, and disputes, on the other hand, infinitely increased. When states cannot or will not settle their disputes or differences by means of peaceful agreements, weapons are suddenly made to speak. It does not mean states can engage in war whenever they desire. At an international level, there has been a vast development of the law of war in the 20th century. War, it may be internal or international, in all situations, belligerent actors should follow the principles of warfare. With the advent of technology, the shape of war has changed, and it violates fundamental principles without observing basic norms. Conversely, states' attitudes towards international relationships are also undermined to some extent as state parties are not prioritized the communal interest rather than political or individual interest. In spite of the persistent development of communities, still many people are innocent victims of modern wars. It costs a toll on many lives, liberties, and properties and remains a major obstacle to nations' development. Recent incidents in Afghan are a live example to World Nations. We know that the principles of international law cannot be implemented very strictly on perpetrators due to the lacuna in the international legal system. However, the rules of war are universal in nature. The Geneva Convention, 1949 which are the core element of IHL, has been ratified by all 196 States. In fact, very few international treaties received this much of big support from nations. State’s approach towards Modern International Law, places a heavy burden on States practice towards in implementation of law. Although United Nations Security Council possesses certain powers under ‘Pacific Settlement of Disputes’, (Chapter VI) of the United Nations Charter to prevent disputes in a peaceful manner, conversely, this practice has been overlooked for many years due to political interests, favor, etc. Despite international consensus on the prohibition of war and protection of fundamental freedoms and human dignity, still, often, law has been misused by states’. The recent tendencies trigger questions about states’ willingness towards the implementation of the law. In view of the existing practices of nations, this paper aims to elevate the legal obligations of the international community to save the succeeding generations from the scourge of modern war practices.Keywords: modern wars, weapons, prohibition and suspension of war activities, states’ obligations
Procedia PDF Downloads 7524298 Implementation of Unclos 1982 on Capture Fisheries in the Case of Illegal Fishing in the Waters of Indonesia’s Exclusive Economic Zone
Authors: Habson Batubara, Patawari, Lisa Mery, Mohammad Syaichuddin, Sitti Faridah, Hamzah, Akmal, Abdul Gafur, Iman Sudrajad, Lideman, Yuani Mundaya, Kamaruddin, Muslimin, Herlina Jompa, Joula Sondack, Nani Undap, Suciati, Elisa Winanda, Arfandi Amin, Suciati
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This study aims to determine the status of the law, legislation, and its implementation against Foreign Nationals (WNA) Illegal Fishing Business Actors in the waters of the Indonesian Exclusive Economic Zone (EEZ), based on the Indonesian Positive Law and UNCLOS 1982. The research method used is normative juridical with a qualitative approach to study the Fisheries Criminal Verdict (Tipikan) and the Bitung District Court / Fisheries SIPP from 2019 to 2020. The results showed that cases of Illegal Fishing by Foreign Nationals (WNA) in the Indonesian Exclusive Economic Zone (EEZ) were examined, tried, and decided in accordance with the fisheries law, criminal sanctions were not in accordance with and contrary to Indonesian positive law, both criminal law and fisheries law, but followed and were in line with UNCLOS Year 1982. Legal status and responsibility are only imposed on the master as the leader on board the ship as the representative of the ship owner/company. Meanwhile, the application of Indonesia's positive law to Unclos in 1982 was only in the form of fines and confiscation of evidence as an effort to seek compensation for illegal fishing activities in the waters of the Indonesian Exclusive Zone (EEZ).Keywords: EEZ, illegal fishing, WNA, positive law, Unclos 1982
Procedia PDF Downloads 5824297 Selection of Qualitative Research Strategy for Bullying and Harassment in Sport
Authors: J. Vveinhardt, V. B. Fominiene, L. Jeseviciute-Ufartiene
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Relevance of Research: Qualitative research is still regarded as highly subjective and not sufficiently scientific in order to achieve objective research results. However, it is agreed that a qualitative study allows revealing the hidden motives of the research participants, creating new theories, and highlighting the field of problem. There is enough research done to reveal these qualitative research aspects. However, each research area has its own specificity, and sport is unique due to the image of its participants, who are understood as strong and invincible. Therefore, a sport participant might have personal issues to recognize himself as a victim in the context of bullying and harassment. Accordingly, researcher has a dilemma in general making to speak a victim in sport. Thus, ethical aspects of qualitative research become relevant. The plenty fields of sport make a problem determining the sample size of research. Thus, the corresponding problem of this research is which and why qualitative research strategies are the most suitable revealing the phenomenon of bullying and harassment in sport. Object of research is qualitative research strategy for bullying and harassment in sport. Purpose of the research is to analyze strategies of qualitative research selecting suitable one for bullying and harassment in sport. Methods of research were scientific research analyses of qualitative research application for bullying and harassment research. Research Results: Four mane strategies are applied in the qualitative research; inductive, deductive, retroductive, and abductive. Inductive and deductive strategies are commonly used researching bullying and harassment in sport. The inductive strategy is applied as quantitative research in order to reveal and describe the prevalence of bullying and harassment in sport. The deductive strategy is used through qualitative methods in order to explain the causes of bullying and harassment and to predict the actions of the participants of bullying and harassment in sport and the possible consequences of these actions. The most commonly used qualitative method for the research of bullying and harassment in sports is semi-structured interviews in speech and in written. However, these methods may restrict the openness of the participants in the study when recording on the dictator or collecting incomplete answers when the participant in the survey responds in writing because it is not possible to refine the answers. Qualitative researches are more prevalent in terms of technology-defined research data. For example, focus group research in a closed forum allows participants freely interact with each other because of the confidentiality of the selected participants in the study. The moderator can purposefully formulate and submit problem-solving questions to the participants. Hence, the application of intelligent technology through in-depth qualitative research can help discover new and specific information on bullying and harassment in sport. Acknowledgement: This research is funded by the European Social Fund according to the activity ‘Improvement of researchers’ qualification by implementing world-class R&D projects of Measure No. 09.3.3-LMT-K-712.Keywords: bullying, focus group, harassment, narrative, sport, qualitative research
Procedia PDF Downloads 17024296 Neuropedagogy as a Scientific Discipline: Interdisciplinary Description of the Theoretical Basis for the Development of a Research Field
Authors: M. Chojak
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Recently, more and more scientific disciplines refer to research in the field of neurobiology. Interdisciplinary research procedures are created using modern methods of brain imaging. Neither did the pedagogues start looking for neuronal conditions for various processes. The publications began to show concepts such as ‘neuropedagogy’, ‘neuroeducation’, ‘neurodidactics’, ‘brain-friendly education’. They were and are still used interchangeably. In the offer of training for teachers, the topics of multiple intelligences or educational kinesiology began to be more and more popular. These and other ideas have been actively introduced into the curricula. To our best knowledge, the literature on the subject lacks articles organizing the new nomenclature and indicating the methodological framework for research that would confirm the effectiveness of the above-mentioned innovations. The author of this article tries to find the place for neuropedagogy in the system of sciences, define its subject of research, methodological framework and basic concepts. This is necessary to plan studies that will verify the so-called neuromyths.Keywords: brain, education, neuropedagogy, research
Procedia PDF Downloads 16924295 Assessment and Analysis of Literary Criticism and Consumer Research
Authors: Mohammad Mirzaei
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This article proposes literary criticism as a source of insight into consumer behavior, provides an extensive overview of literary criticism, provides concrete illustrative analysis, and offers suggestions for further research. To do, a literary analysis of advertising copy identifies elements that provide additional information to consumer researchers and discusses the contribution of literary criticism to consumer research. Important post-war critical schools of thought are reviewed, and relevant theoretical concepts are summarized. Ivory Flakes' advertisements are analyzed using a variety of concepts drawn from literary schools, primarily sociocultural and reader responses. Suggestions for further research on content analysis, image analysis, and consumption history are presented.Keywords: consumer behaviour, consumer research, consumption history, criticism
Procedia PDF Downloads 8824294 Improving the Students’ Writing Skill by Using Brainstorming Technique
Authors: M. Z. Abdul Rofiq Badril Rizal
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This research is aimed to know the improvement of students’ English writing skill by using brainstorming technique. The technique used in writing is able to help the students’ difficulties in generating ideas and to lead the students to arrange the ideas well as well as to focus on the topic developed in writing. The research method used is classroom action research. The data sources of the research are an English teacher who acts as an observer and the students of class X.MIA5 consist of 35 students. The test result and observation are collected as the data in this research. Based on the research result in cycle one, the percentage of students who reach minimum accomplishment criteria (MAC) is 76.31%. It shows that the cycle must be continued to cycle two because the aim of the research has not accomplished, all of the students’ scores have not reached MAC yet. After continuing the research to cycle two and the weaknesses are improved, the process of teaching and learning runs better. At the test which is conducted in the end of learning process in cycle two, all of the students reach the minimum score and above 76 based on the minimum accomplishment criteria. It means the research has been successful and the percentage of students who reach minimum accomplishment criteria is 100%. Therefore, the writer concludes that brainstorming technique is able to improve the students’ English writing skill at the tenth grade of SMAN 2 Jember.Keywords: brainstorming technique, improving, writing skill, knowledge and innovation engineering
Procedia PDF Downloads 357