Search results for: linguistic and cultural human rights

Authors: Kira Gulko Morse

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Choosing one’s primary language may not be as common as choosing an additional foreign language to study or use during travel. In some instances, however, it becomes a matter of internal personal struggle, as language is tied not only to specific circumstances but also to human background and identity. This phenomenological qualitative study focuses on the factors affecting the decision of a person to undergo a language shift. Specifically, it considers how these factors relate to identity negotiation and expression. The data for the study include the analysis of published autobiographical narratives and personal interviews conducted using the Responsive Interviewing model. While research participants come from a variety of geographical locations and have used different reasons for undergoing their individual language shift, the study identifies a number of common features shared by all the participants. Specifically, while all the participants have been able to maintain their first language to varying degrees of proficiency, they have all completed the shift to establish a primary language different from their first. Additionally, the process of self-identification is found to be directly connected to the phenomenon of language choice for each of the participants. The findings of the study further tie the phenomenon of individual language shift to a more comprehensive issue of individual life choices – ethnic revival, immigration, and inter-cultural marriage among others. The study discusses varying language roles and the data indicate that language shift may occur whether it is a symbolic driving force or a secondary means in fulfilling a set life goal. The concept of language addition is suggested as an alternative to the arbitrariness of language shift. Thus, instead of focusing on subtractive bilingualism or language loss, the emphasis becomes the integration of languages within the individual. The study emphasizes the importance of the construct of personal choice in its connection to individual language shift. It places the focus from society onto an individual and the ability of an individual to make decisions in matters of linguistic identification.

Keywords: choice theory, identity negotiation, language shift, psycholinguistics

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Authors: Rika van Zyl

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It was ruled that an inter vivos trust must be amended according to the rules of the stipulatio alteri, or ‘contract in favour of a third party’, that South African adopted from its Roman-Dutch common law. The application of the principles of the stipulatio alteri on the inter vivos trust has developed in case law to imply that once the beneficiary has accepted benefits, he becomes a party to the contract. This consequently means that he must consent to any amendments that the trustees want to make. This poses practical difficulties such as finding all the beneficiaries that have accepted to sign the amendment that the trustees would want to circumvent in administering the trust. One of the questions relating to this issue is, however, whether the principles of the stipulatio alteri are correctly interpreted and consequently applied to the inter vivos trust to mean that the beneficiaries who accepted must consent to any amendment. The subsequent question relates to the rights the beneficiary receives upon acceptance. There seems to be a different view of what a vested right or a contingent right of the beneficiary means in relation to the inter vivos trust. These rights also have an impact on the amendment of a trust deed. Such an investigation and refining of the interpretation of the stipulatio alteri’s application on the inter vivos trust may result in solutions to circumvent the adverse effects of getting the beneficiary’s consent for amendments.

Keywords: inter vivos trust, stipulatio alteri, amendment, beneficiary rights

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Authors: Sun Gang

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A variety of functional spaces are distributed on the vast mountain waterfront. Their functional positioning presents a spontaneous form of settlement space, and the construction features show a passive impact on the natural environment. As the precious heritage of inheriting human civilization and promoting historical culture, the traditional settlement space in mountainous areas is also the local expression of landscape pattern pattern gene. Under the impact of rapid urban construction and the stimulation of the transformation of social consumption demand, the original texture, scale and ecology of the traditional mountain settlement space, especially the historical and cultural settlement space, have been affected, and the decline of characteristics hinders the development. This paper selects Anju Ancient Town, the fourth largest ancient city in China, which is located in the city of mountains and waters as the research object, and combines spatial analysis and other methods to study the characteristics and causes of its spatial morphology, analyze the internal logic in its formation and development process, build a genetic analysis map, explore the possibility of settlement inheritance and development, and provide reference for the construction, protection and inheritance of traditional mountain settlements.

Keywords: mountain traditional settlement, historical and cultural settlement space, spatial form, spatial gene

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Authors: Tamila Dilaverova

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In our era of globalization, the unhindered intercultural communication represents an essential element of development. To be proficient in a language one needs to get acquainted with cultural and national peculiarities of the language of native speakers. Cultural peculiarities are explicitly reflected in the nation’s cultural heritage, monuments, literary works, tales, even in clothes. A specific role in the evaluation of cultural performances, establishment, broadcasting, and preservation of behavior norms belongs to the folk texts, among which the fables occupy one of the most important places. A fable, as a genre has existed since ancient times. Fables are universal because they are absolutely appropriate for any century and for any society. Even in the era of the internet, fables turned out to be actual. Internet offers a wide range of re-made fables. Generally, they are new interpretations of Aesop’s fables, but in some cases they are original. These fables became the subject of our research because they contain some modern slangs and jargons and their language is not that much literary. But, besides the changes in the language, there are some changes in the fields of their occupation, everyday activities and the ways of moneymaking. Because of the numerous changes, these new fables can be called 'anti-fables.' Anti-fables are the very new kinds of fables, that can be absolutely suitable for internet generation and perfectly reflects modern reality. All these changes are the reflections of thoughts and actions of new generation and these anti-fables can become a new internet literary genre.

Keywords: intercultural, fable, language, internet

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Authors: Chibuzo Okoye Daniels, Gillian Glegg, Lynda Rodwell

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Marine debris from fishing nets to medical equipment to food packaging that play major roles in boosting the economy and protecting human health is now more than an environmental problem that can be solved by legislation, law enforcement and technical solutions. It has also been identified as a cultural problem that can only be addressed by identifying instruments that can be used to change human attitudes and behaviors. This may be through management approaches, education and involvement of all sectors/interests, including the public. To contribute to the sustainable development of coastal Nigeria, two case study areas (Ikoyi and Victoria Islands of Lagos State) were used to evaluate the socio-economic impacts of marine debris problem in coastal Nigeria. The following methods were used: (1) semi-structured interviews with key stakeholders and businesses on beaches, waterfronts and waterways within the study areas and (2) observational study of beaches, waterfronts and waterways within the study areas. The results of the study have shown that marine debris is a cultural and multi-sectoral problem that poses great threat not only to the environmental sustainability of the study areas but also to the wellbeing of its citizens and the economy of coastal Nigeria. Current solid waste and marine debris management practices are inefficient due to inadequate knowledge of how to tackle the problem. To ensure environmental sustainability in coastal Nigeria and avoid waste of scarce financial resources, adequate, appropriate and cost effective solutions to the marine debris problem need to be identified and effectively transferred for implementation in the study areas.

Keywords: sustainability, coastal Nigeria, study areas, aquaculture

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Authors: Caterina Calicchio, Talia Sbardella

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The ability to move through geographical and symbolic spaces is key for building new nodes and social relationships. Especially in the framework of language learning, accepting and valuing diversity can help to create a constructive atmosphere of cooperation, innovation, and creativity. Thus, it is important to outline the stages of forming a learning community, focusing on the characteristics that can favor its development. It is known that elements like curiosity and motivation are significant for individual language learning; hence, the study attempts to investigate how factors like openness to diversity and cultural immersion could improve Italian learning and teaching. This paper aims to indicate the factors that could be significant for the development of a Learning Community by presenting a case study on a course on Italian as a second language for beginners: first, the theoretical matrices underlying social learning will be outlined. Secondly, a quantitative study will be described based on an adaptation of the openness to diversity and some insights psychometric scale questionnaire developed at the Umbra Institute. The questionnaire was delivered to 52 American college students with open-ended and closed-ended questions. Students were asked to specify their level of agreement to a set of statements on a six-point Likert scale ranging from (1) Strongly disagree to (6) Strongly agree. The data has been analyzed with a quantitative and qualitative method and has been represented in a pie chart and in a histogram. Moreover, mean and frequency have been calculated. The research findings demonstrate that openness to diversity and challenge enhances cross-cutting skills such as intercultural and communicative competence: through cultural immersion and the facility of speaking with locals, the participants have been able to develop their own Italian L2 language community. The goal is to share with the scientific community some insights to trace possible future lines of research.

Keywords: Italian as second language, language learning, learning community, openness to diversity

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Authors: Binod C. Agrawal

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In modern history, industrial and media merchandising in South Asia from East Asia, Europe, United States and other countries of the West is over 200 years old. Hence, continued external technology and media exposure is not a new experience in multi-lingual and multi religious South Asia which evolved cultural means to withstand structural change. In the post-World War II phase, media exposure especially of telecommunication, film, Internet, radio, print media and television have increased manifold. South Asia did not lose any time in acquiring and adopting digital media accelerated by chip revolution, computer and satellite communication. The penetration of digital media and utilization are exceptionally high though the spread has an unequal intensity, use and effects. The author argues that industrial and media products are “cultural products” apart from being “technological products”; hence their influences are most felt in the cultural domain which may lead to blunting of unique cultural specifics in the multi-cultural, multi-lingual and multi religious South Asia. Social scientists, political leaders and parents have voiced concern of “Cultural domination”, “Digital media colonization” and “Westernization”. Increased digital media access has also opened up doors of pornography and other harmful information that have sparked fresh debates and discussions about serious negative, harmful, and undesirable social effects especially among youth. Within ‘techno-social’ perspective, based on recent research studies, the paper aims to describe and analyse possible socio-economic change due to digital media penetration. Further, analysis supports the view that the ancient multi-lingual and multi-religious cultures of South Asia due to inner cultural strength may sustain without setting in a process of irreversible structural changes in South Asia.

Keywords: cultural sustainability, digital media effects, digital media impact in South Asia, social change in South Asia

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Authors: Jiexiu Chen

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This research aims to examine several vital issues relating to the foreign scholars’ cross-cultural adaptation in China, including how they perceive about the adaptation process, what the affecting factors are in the adaptation, and which strategies they will apply to deal with perceived cultural differences. The target population of this research is academics regularly working or long-term visiting in these joint colleges, and semi-structured interviews are used in data collection. Moreover, the theoretical perspectives mainly include Ward’s sociocultural and psychological adaptation theory, Berry’s adaptation strategies and Black and his colleague’s expatriate’s adjustment model. This research offers an in-depth profile as well as theory-based analysis about this unique group, and the results of this research are profound in offering directory suggestions for foreign scholars to facilitate their adaptation in China better and for the Chinese universities to eliminate intercultural obstacles, and optimize the international cooperation programs in China.

Keywords: cross-cultural adaptation, foreign scholars, expatriates

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Authors: Eric Enongene Ekembe

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Recent calls on EFL teaching posit the centrality of context factors and argue for a correlation between effectiveness in teaching with the learners’ culture in the EFL classroom. Context is not everything; it is defined with indicators of learners’ cultural artifacts and stereotypes in meaningful interactions in the language classroom. In keeping with this, it is difficult to universalise pedagogic procedures given that appropriate procedures are context-sensitive- and contexts differ. It is necessary to investigate what counts as cultural specificities or stereotypes of specific learners to reflect on how different language learning contexts affect or are affected by English language teaching procedures, most especially in under-represented cultures, which have appropriated the English language. This paper investigates cultural stereotypes of EFL learners in the culturally diverse Cameroon to examine how they mediate teaching and learning. Data collected on mixed-method basis from 83 EFL teachers and 1321 learners in Cameroon reveal a strong presence of typical cultural artifacts and stereotypes. Statistical analysis and thematic coding demonstrate that teaching procedures in place were insensitive to the cultural artifacts and stereotypes, resulting in trending tension between teachers and learners. The data equally reveal a serious contradiction between the communicative goals of language teaching and learning: what teachers held as effective teaching was diametrically opposed to success in learning. In keeping with this, the paper argues for a ‘decentred’ teacher preparation in Cameroon that is informed by systemic learners’ feedback. On this basis, applied linguistics has the urgent task of exploring dimensions of what actually counts as contextualized practice in ELT.

Keywords: cultural stereotypes, EFL, implications, procedures

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Authors: Ahmed M. AlHasem

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The Kuwaiti society has long been aware of climatic changes and their annual dates and trying to link them to astronomy in an attempt to forecast the future weather conditions. The reason for this concern is that many of the economic, social and living activities of the society depend deeply on the nature of the weather conditions directly and indirectly. In other words, Kuwaiti society, like the case of many human societies, has in the past tried to predict climatic conditions by linking them to astronomy or popular statements to indicate the timing of climate changes. Accordingly, this study was devoted to scientific investigation based on the statistical analysis of climatic data to show the accuracy and compatibility of some of the most important elements of the cultural heritage in relation to climate change and to relate it scientifically to precise climatic measurements for decades. The research has been divided into 10 topics, each topic has been focused on one legacy, whether by linking climate changes to the appearance/disappearance of star or a popular statement inherited through generations, through explain the nature and timing and thereby statistical analysis to indicate the proportion of accuracy based on official climatic data since 1962. The study's conclusion is that the relationship is weak and, in some cases, non-existent between the popular heritage and the actual climatic data. Therefore, it does not have a dependable relationship and a reliable scientific prediction between both the popular heritage and the forecast of weather conditions.

Keywords: astronomy, cultural heritage, statistical analysis, weather prediction

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Authors: Faraz Nikpour Arani, Shahin Haghi Navand

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After Two years of operation, the “Nahj Al Balaghe” riverside park, redesigning research was ordered by second region of Tehran municipality, the goal was to construct the first cultural tourism center in city of Tehran. After Pathological and analytical studies of existing situation, that made by field work research’s and interviews, the main problems was identified as lack of thematic design and some physical problems that reduced the activity and livability ratio of the park. The main approach of this project was thematic physical redesign and redefinition of activities in order to the “Nahj Al Balaghe’s” ideas, cultural days in “shamsi calendar”, the “7 artistic dimensions” and “four classical elements”. This paper is the abstraction of a full research that was done by writers.

Keywords: thematic redesign, Nah Al Balaghe riverside park, cultural tourism center, Tehran

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Authors: Flavia Kroetz

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From 1964 to 1985, Brazil was ruled by a dictatorial regime that, under the discourse of fight against terrorism and subversion, implemented cruel and atrocious practices against anyone who opposed the State ideology. At the same time, several Latin American countries faced dictatorial periods and experienced State repression through apparatuses of violence institutionalized in the very governmental structure. Despite the correspondence between repressive methods adopted by authoritarian regimes in States such as Argentina, Chile, El Salvador, Peru and Uruguay, the mechanisms of democratic transition adopted with the end of each dictatorship were significantly different. While some States have found ways to deal with past atrocities through serious and transparent investigations of the crimes perpetrated in the name of repression, in others, as in Brazil, a culture of impunity remains rooted in society, manifesting itself in the widespread disbelief of the population in governmental and democratic institutions. While Argentina, Chile, Peru and Uruguay are convincing examples of the possibility and importance of the prosecution of crimes such as torture, forced disappearance and murder committed by the State, El Salvador demonstrates the complete failure to punish or at least remove from power the perpetrators of serious crimes against civilians and political opponents. In a scenario of widespread violations of human rights, State violence becomes entrenched within society as a daily and even necessary practice. In Brazil, a lack of political and judicial will withstands the impunity of those who, during the military regime, committed serious crimes against human rights under the authority of the State. If the reproduction of violence is a direct consequence of the culture of denial and the rejection of everyone considered to be different, ‘the other’, then the adoption of transitional mechanisms that underpin the historical and political contexts of the time seems essential. Such mechanisms must strengthen democracy through the effective implementation of the rights to memory and to truth, the right to justice and reparations for victims and their families, as well as institutional changes in order to remove from power those who, when in power, could not distinguish between legality and authoritarianism. Against this background, this research analyses the importance of transitional justice for the restoration of democracy, considering the adoption of amnesty laws as a strategy to preclude criminal prosecution of offenses committed during dictatorial regimes. The study investigates the scope of Law No 6.683/79, the Brazilian amnesty law, which, according to a 2010 decision of the Brazilian Constitutional Supreme Court, granted amnesty to those responsible for political crimes and related crimes, committed between September 2, 1961 and August 15, 1979. Was the purpose of this Law to grant amnesty to violent crimes committed by the State? If so, is it possible to recognize the legitimacy of a Congress composed of indirectly elected politicians controlled by the dictatorship?

Keywords: amnesty law, criminal justice, dictatorship, state violence

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Authors: Mohammad Mozammel Haque

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That feminism is nothing but the name of a belief that women should have the same rights as men needs no telling. The history of modern western feminism is divided into three waves and each is described as dealing with different aspects of the same feminist issues. The first wave refers to the movement of the 19th through early 20th centuries, which dealt mainly with suffrage, working conditions and educational rights for women. The second wave (1960s-1980s) dealt with the inequality of laws and the role of women in society. The third wave (late 1980s-early 2000s) is seen as both a continuation of the second wave and a response to the perceived failures. Mary Wollstonecraft struggled for the emancipation and freedom of the women of Europe, Begum Rokeya brought about revolution for the women of the East and West Bengal, Jeremy Bentham wrote for the independence of women in England. But if feminism refers to the movement of giving women what they deserve, then it won’t be an overstatement to state that Mohammad is the precursor of what we call feminism. This paper investigates the background of official starting of feminism, and also the backdrop of the women of Muhammad’s time. The article, besides showing that this great prophet and philosopher firstly brought about a movement for the education and rights of women and took them out of grave where they were buried alive, also delineates Mohammedan endeavours he attempted to give the women what they ought to have.

Keywords: education, equality, feminism, precursor

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Authors: Shailendra M. Pradhan, Upendra M. Pradhan

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Disasters are perennial features of human civilization. The recurring earthquakes, floods, cyclones, among others, that result in massive loss of lives and devastation, is a grim reminder of the fact that, despite all our success stories of development, and progress in science and technology, human society is perennially at risk to disasters. The apparent threat of climate change and global warming only severe our disaster risks. Darjeeling hills, situated along Eastern Himalayan region of India, and famous for its three Ts – tea, tourism and toy-train – is also equally notorious for its disasters. The recurring landslides and earthquakes, the cyclone Aila, and the Ambootia landslides, considered as the largest landslide in Asia, are strong evidence of the vulnerability of Darjeeling hills to natural disasters. Given its geographical location along the Hindu-Kush Himalayas, the region is marked by rugged topography, geo-physically unstable structure, high-seismicity, and fragile landscape, making it prone to disasters of different kinds and magnitudes. Most of the studies on disasters in Darjeeling hills are, however, scientific and geographical in orientation that focuses on the underlying geological and physical processes to the neglect of social and political conditions. This has created a tendency among the researchers and policy-makers to endorse and promote a particular type of discourse that does not consider the social and political aspects of disasters in Darjeeling hills. Disaster, this paper argues, is a complex phenomenon, and a result of diverse factors, both physical and human. The hazards caused by the physical and geological agents, and the vulnerabilities produced and rooted in political, economic, social and cultural structures of a society, together result in disasters. In this sense, disasters are as much a result of political and economic conditions as it is of physical environment. The human aspect of disasters, therefore, compels us to address intricating social and political challenges that ultimately determine our resilience and vulnerability to disasters. Set within the above milieu, the aims of the paper are twofold: a) to provide a political and sociological account of disasters in Darjeeling hills; and, b) to identify and address the root causes of its vulnerabilities to disasters. In situating disasters in Darjeeling Hills, the paper adopts the Pressure and Release Model (PAR) that provides a theoretical insight into the study of social and political aspects of disasters, and to examine myriads of other related issues therein. The PAR model conceptualises risk as a complex combination of vulnerabilities, on the one hand, and hazards, on the other. Disasters, within the PAR framework, occur when hazards interact with vulnerabilities. The root causes of vulnerability, in turn, could be traced to social and political structures such as legal definitions of rights, gender relations, and other ideological structures and processes. In this way, the PAR model helps the present study to identify and unpack the root causes of vulnerabilities and disasters in Darjeeling hills that have largely remained neglected in dominant discourses, thereby providing a more nuanced and sociologically sensitive understanding of disasters.

Keywords: Darjeeling, disasters, PAR, vulnerabilities

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Authors: Lucrezia Crescenzi-Lanna, Silvia Cataldi, Williams Contreras, Valerio Pieri

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According to the European Commission, gender-based violence (GBV) is a violation of human rights and a form of discrimination against women in five areas: physical violence, sexual violence, psychological violence, mistreatment of women, and economic violence (henceforth EV). The TESORO project "Treatment, ExpoSition, and ORigin of economic viOlence: An innovation and internationalization project between Italy and Spain" focuses on this last dimension of gender-based violence, the least studied and the one that has received least media coverage. In Spain, 12% (2,350,684) of women over fifteen years of age have suffered economic violence from their partner or ex-partner during their lives. In Italy, another country participating in the project, many women who are welcomed in refuges and who report cases of psychological violence (79%) and/or physical violence (61%) are also victims of economic violence (34%), according to the D.i.Re. Thermometer: "Donne in Rete contro la Violenza", the association that brings together more than eighty refuges against violence in Italy. At the social level, this form of violence is incorporated into practices of inequality that manifest themselves in both the daily management of couples and families and the workplace and institutional settings. As for the mechanisms related to EV, the literature argues that it is a complex and multidimensional phenomenon that has socioeconomic and cultural roots. EV manifests itself through various strategies, which represent forms of power and control aimed at preventing women's financial independence. To analyse the issue of EV we use a multidisciplinary approach and a mixed design that includes: 1) a questionnaire administered to a stratified sample of more than a thousand Italian and Spanish citizens to study the cultural and socio-relational mechanisms and the origin of EV in family and couple contexts; and 2) interviews with those running refuges as part of the struggle against gender violence, to understand how mechanisms and educational activities in the field of economic violence are manifested in the respective region and are supportive of women. The decision to use this strategy responds to the need to combine an exploratory perspective with an explanatory one in order to understand some of the relevant concepts related to the complex phenomena of EV and the interventions dedicated to its prevention. The data will be finalized in June 2022 and presented at the ICWS conference. Among TESORO’s contributions, its collection of qualitative and quantitative data on EV in Italy and Spain stands out, deepening its origin, prevention, and treatment beyond its incidence, which has already been studied in the Macro-Survey on Violence against Women.

Keywords: gender-based violence, economic violence, economic harm, gender inequality, workplace and family contexts

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Authors: Fouzia Ajmal

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Global Citizenship Education (GCED) could prove to be the best solution to prevent violent extremism as it will sustain a respect for all and build up a feeling of having a place with humankind. To meet the target 4.7 of sustainable development goals, it is important to focus on global citizenship education at all levels of education in general and in pre-service teacher education in particular so that the message and practices reach the young masses. The pre-service education is imperative to develop knowledge, skills and disposition of prospective teachers. The current study was conducted to investigate the integration of GCED in pre-service teacher education curriculum of Pakistan. The study was delimited to B.Ed (hons) Elementary Education programme. The curriculum of B.Ed Elementary developed by Higher Education Commission was analyzed through Curriculum Alignment Matrix. 31 course outlines were analyzed, and percentage was used to analyze the level of integration of GCED in courses. The analyses depicted that the concepts of civic sense, tolerance, duties and rights of citizens and fundamental rights of humans are partially aligned in a few of the courses. The tolerance, active citizenship, and respect for cultural diversity and religious harmony are evident in Pakistan Studies and teaching of social studies courses. The relevant books are also mentioned as resources in these courses. The intercultural understanding is not very evident while globalization is mentioned in a few courses. It is recommended that a deliberate effort may be made to integrate concepts of Global Citizenship Education so as to enable the prospective teachers in developing necessary skills to play their active role in promoting peace and building resilience to extremism in elementary school students.

Keywords: curriculum analysis, global citizenship education, preservice teacher education, resilience building

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Authors: Maniam Kaliannan

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Studies on best practice or “bundles” of human resource management aims at providing a ‘universal solution’ to organizations yet critics challenge this view and place importance on the architecture of human resource processes in response to the dynamic needs of organizations. This paper identifies these best practices and explores how the applications of selected human resource management practices to a case study help solved their human resource problems. The case study includes insights on the problems faced; the approach taken to identify its root causes and explores how selected human resource management practices helped managed the overall predicament. The case study results supports the importance of aligning ‘bundles’ of practices with organizational architecture and ensuring that the architecture of human resource practices evolve with the changing needs of organizations. In addition, a framework based on the events of the case study is proposed to systematically manage their human resources

Keywords: bundles, best practices, human resource management, organizational architecture, framework

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Authors: Sadullah Rahmani

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Legends, stories, beliefs and traditions in every nation represent the collective dreams, secrets and aspirations of a nation and on the other hand, the foundation of their collective memory; What generally forms the foundation of the culture of any nation has undergone changes and transformations due to the passage of time and changes in political, religious and social conditions. Afghanistan is one of the richest countries in terms of cultural diversity. This country is home to people of different languages, ethnicities and religions. The purpose of this article is to analyze the contrasts and cultural commonalities between two ethnic groups in Afghanistan, namely the Hazara and Uzbek peoples. This research was done with qualitative method and structured interview tool. The method of data analysis is content analysis. In order to explain the intercultural sensitivities of the two groups, Milton Bennett's intercultural sensitivities measures have been used. Based on the theory of intercultural sensitivities, the development of communication is an important factor in reducing intercultural sensitivities. In this research, 8 people from the Hazara and Uzbek tribes were interviewed. Various factors such as customs and manners, music, language, art, lifestyle, etc. have been examined in the article. These factors can contribute to cultural differences and commonalities between the Hazara and Uzbek peoples. The results of this research show that according to Bennett's theory, there are less cultural sensitivities between the Hazara and Uzbek peoples of Afghanistan, especially in matters of marriage, language, economic poverty, being discriminated against, and work relationships; But cultural sensitivities are more in many other cases such as education, religion and the formation of cultural communities.

Keywords: Keywords: Uzbek, language, culture, religion, Hazara.

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Authors: Donato Vese

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According to the common interpretation, in a legal system, public powers are established by law. Exceptions are admitted in an emergency or particular relationship with public power. However, we currently agree that law allows public administration a margin of decision, even in the case of non-discretionary acts. Hence, the administrative decision not exclusively established by law becomes the rule in the ordinary state of things, non-only in state of exception. This paper aims to analyze and discuss different ideas on discretionary power on the Rule of Law and Rechtsstaat. Observing the legal literature in Europe and Nord and South America, discretionary power can be described as follow: it could be considered a margin that law accords to the executive power for political decisions or a choice between different interpretations of vague legal previsions. In essence, this explanation admits for the executive a decision not established by law or anyhow not exclusively established by law. This means that the discretionary power of public administration integrates the law. However, integrating law does not mean to decide according to the law, but it means to integrate law with a decision involving public power. Consequently, discretionary power is essentially free will. In this perspective, also the Rule of Law and the Rechtsstaat are notions explained differently. Recently, we can observe how the European notion of Rechtsstaat is founded on the formal validity of the law; therefore, for this notion, public authority’s decisions not regulated by law represent a problem. Thus, different systems of law integration have been proposed in legal literature, such as values, democracy, reasonableness, and so on. This paper aims to verify how, looking at those integration clauses from a logical viewpoint, integration based on the recourse to the legal system itself does not resolve the problem. The aforementioned integration clauses are legal rules that require hard work to explain the correct meaning of the law; in particular, they introduce dangerous criteria in favor of the political majority. A different notion of public power can be proposed. This notion includes two main features: (a) sovereignty belongs to persons and not the state, and (b) fundamental rights are not grounded but recognized by Constitutions. Hence, public power is a system based on fundamental rights. According to this approach, it can also be defined as the notion of public interest as concrete maximization of fundamental rights enjoyments. Like this, integration of the law, vague or subject to several interpretations, must be done by referring to the system of fundamental individual rights. We can think, for instance, to fundamental rights that are right in an objective view but not legal because not established by law.

Keywords: administrative discretion, free will, fundamental rights, public power, sovereignty

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Authors: O. B. Oriolowo, O. J. John

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Empirical findings have shown insects to be nutritious and good source of food for man. However, human food preferences are not only determined by nutritional values of food consumed but, more importantly, by sociology and economic pressure. This study examined the interrelation between science and sociology in sustaining the acceptance of entomophagy among college students to combat food insecurity. A twenty items five Likert scale, College Students Entomophagy Questionnaire (CSEQ), was used to elucidate information from the respondents. The reliability coefficient was obtained to be 0.91 using Spearman-Brown Prophecy formula. Three research questions and three hypotheses were raised. Also, quantitative nutritional analysis of few insects and some established conventional protein sources were undertaking in order to compare their nutritional status. The data collected were analyzed using descriptive statistics of percentages and inferential statistics of correlation and Analysis of Variance (ANOVA). The results obtained showed that entomophagy has cultural heritage among different tribes in Nigeria and is an acceptable practice; it cuts across every social stratum and is practiced among both major religions. Moreover, insects compared favourably in term of nutrient contents when compared with the conventional animal protein sources analyzed. However, there is a gradual decline in the practice of entomophagy among students, which may be attributed to the influence of western civilization. This study, therefore, recommended an intensification of research and enlightenment of people on the usefulness of entomophagy so as to preserve its cultural heritage as well as boost human food security.

Keywords: entomophagy, food security, malnutrition, poverty alleviation, sociology

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Authors: William Thomas Worster

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This paper will highlight the failure of international adjudication to prevent a state from evading an order of provisional measures by simply issuing a diplomatic assurance to the court. This practice changes the positions of the litigants as equals before a court, prevents the court from inquiring into the reliability of the political pledge as it would with assurances from a state to an individual, and diminishes the court’s ability to control its own proceedings in the face of concerns over sovereignty. Both the European Court of Human Rights (ECtHR) and International Court of Justice (ICJ) will entertain these kinds of unilateral pledges, but they consider them differently when the declaration is made between states or between a state and an individual, and when made directly to the court. In short, diplomatic assurances issued between states or to individuals are usually considered not to be legally binding and are essentially questions of fact, but unilateral assurances issued directly to an international court are questions of law, and usually legally binding. At the same time, orders for provisional measures are now understood also to be legally binding, yet international courts will sometimes permit a state to substitute an assurance in place of an order for provisional measures. This emerging practice has brought the nature of a state as a sovereign capable of creating legal obligations into the forum of adjudication where the parties should have equality of arms and permitted states to create legal obligations that escape inquiry into the reliability of the outcome. While most recent practice has occurred at the ICJ in state-to-state litigation, there is some practice potentially extending the practice to human rights courts. Especially where the litigants are factually unequal – a state and an individual – this practice is problematic since states could more easily overcome factual failings in their pledges and evade the control of the court. Consider, for example, the potential for evading non-refoulement obligations by extending the current diplomatic assurances practice from the state-to-state context to the state-to-court context. The dual nature of assurances, as both legal and factual instruments, should be considered as addressed to distinct questions, each with its own considerations, and that we need to be more demanding about their precise legal and factual effects.

Keywords: unilateral, diplomacy, assurances, undertakings, provisional measures, interim measures

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Authors: Greta Rizzi, Ashley Gallitto, Federica Vacca

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Looking at design artifacts as bearers and disseminators of material knowledge and intangible socio-cultural meanings, the significance of archival jewelry was investigated following digital cultural heritage research streams. The application of the reverse engineering concept guided the research path: starting with the study of Gianfranco Ferré's archival jewelry and analyzing its technical heritage and symbolic value, the digitalization, dematerialization, and rematerialization of the artifact were carried out. According to that, the proposed paper results from research conducted within the residency program between the Gianfranco Ferré Research Center (GFRC) and Massachusetts Institute of Technology (MIT), involving both the Design and Mechanical Engineering Departments of Politecnico di Milano. The paper will discuss the analysis of traditional design manufacturing techniques, re-imagined through 3D scanning, 3D modeling, and 3D printing technical knowledge while emphasizing the significance of the designer's role as an explorer of socio-cultural meanings and technological mediators in the analog-digital-analog transition.

Keywords: Archival jewelry, cultural heritage, rematerialization, reverse engineering.

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Authors: J. Jayaletchmi

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In seeking to manage a multiracial and multi-religious society, Singapore provides a unique solution – a dual court system whereby a common law system co-exists with a Syariah law system that administers Syariah law for the Muslim population. In this respect, Singapore seems to provide a feasible example of legal pluralism to countries grappling with a burgeoning Muslim population. However, problems have arisen regarding this peaceful coexistence of secular and religious laws that seek to balance the rights of women and religious freedom. Singapore’s interpretation of Syariah law in the context of marriage and divorce has resulted in certain inequalities for Muslim women, which are exemplified in light of the Women’s Charter, a landmark piece of legislation which provides the legal basis for equity between husband and wife, but excludes Muslims from its ambit. The success of Singapore’s dual court system has largely been at the expense of Muslim women’s rights, and, as a result, the Muslim community as a whole has begun trailing behind the progressive society it forms a part of. This paper explores the prevailing unfairness of rules governing Muslim marriage and divorce in Singapore, and puts forth bold reforms.

Keywords: legal pluralism, Singapore, Syariah law, women’s rights

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Authors: Zhe Ginnie Wang

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Recent cultural design studies have begun to shed light on the discussion of Western-Eastern cultural and aesthetic hybridization, especially in the field of fashion. With the unprecedented spread of cultural Chinese fashion design in the global fashion system, the under-identified ‘Guochao’ aesthetic that has emerged in the global market needs to be academically emphasized with a methodological approach looking at the Western-Eastern cultural hybridization present in fashion visualization. Through an in-depth and comprehensive investigation of a representative international-based Chinese designer, Angel Chen's fashion show 'Madam Qing', this paper provides a methodological approach on how a form of traditional culture can be effectively extracted and applied to modern design using the most effective techniques. The central approach examined in this study involves creating aesthetic revolutions by addressing Chinese cultural identity through re-creating and modernizing traditional Chinese culture in design.

Keywords: style modernization, Chinese culture, guochao, design identity, fashion show, Angel Chen

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Authors: Luke Galvani

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The cultural representations of people with disabilities are frequently biased which can lead to a general misunderstanding of disability. Representations of disabled deviance are especially problematic given that they typify or generally abstract disability as being abnormal, which then begin to take root in the cultural mind. This study utilizes critical discourse analysis to investigate how discourses of disabled sexual deviance are promoted within two major films that portray disabled sexual subjects. The findings indicate that perceptions of disabled sexual deviance are heightened by cinematic representations of sex and disability, which characterize disabled sexual expression as being undesirable due to the ephemeral and abnormal qualities ascribed to it.

Keywords: deviance, disability, discourse analysis, sexuality

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Authors: Nina Ponikvar, Katja Zajc Kejžar

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While the positive impacts of heritage on a broad societal spectrum have long been recognized and measured, the economic effects of the heritage sector are often less visible and frequently underestimated. At macro level, economic effects are usually studied based on one of the two mainstream approach, i.e. either the multiplier approach or the value chain approach. Consequently, there is limited comparability of the empirical results due to the use of different methodological approach in the literature. Furthermore, it is also not clear on which criteria the used approach was selected. Our aim is to bring the attention to the difference in the scope of effects that are encompassed by the two most frequent methodological approaches to valuation of economic effects of cultural heritage on macroeconomic level, i.e. the multiplier approach and the value chain approach. We show that while the multiplier approach provides a systematic, theory-based view of economic impacts but requires more data and analysis, the value chain approach has less solid theoretical foundations and depends on the availability of appropriate data to identify the contribution of cultural heritage to other sectors. We conclude that the multiplier approach underestimates the economic impact of cultural heritage, mainly due to the narrow definition of cultural heritage in the statistical classification and the inability to identify part of the contribution of cultural heritage that is hidden in other sectors. Yet it is not possible to clearly determine whether the value chain method overestimates or underestimates the actual economic impact of cultural heritage since there is a risk that the direct effects are overestimated and double counted, but not all indirect and induced effects are considered. Accordingly, these two approaches are not substitutes but rather complementary. Consequently, a direct comparison of the estimated impacts is not possible and should not be done due to the different scope. To illustrate the difference of the impact assessment of the cultural heritage, we apply both approaches to the case of Slovenia in the 2015-2022 period and measure the economic impact of cultural heritage sector in terms of turnover, gross value added and employment. The empirical results clearly show that the estimation of the economic impact of a sector using the multiplier approach is more conservative, while the estimates based on value added capture a much broader range of impacts. According to the multiplier approach, each euro in cultural heritage sector generates an additional 0.14 euros in indirect effects and an additional 0.44 euros in induced effects. Based on the value-added approach, the indirect economic effect of the “narrow” heritage sectors is amplified by the impact of cultural heritage activities on other sectors. Accordingly, every euro of sales and every euro of gross value added in the cultural heritage sector generates approximately 6 euros of sales and 4 to 5 euros of value added in other sectors. In addition, each employee in the cultural heritage sector is linked to 4 to 5 jobs in other sectors.

Keywords: economic value of cultural heritage, multiplier approach, value chain approach, indirect effects, slovenia

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Authors: Inga Žukovaitė

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This work aims to present postdoc research on remote criminal proceedings in court in order to streamline the proceedings and, at the same time, ensure the effective participation of the parties in criminal proceedings and the court's obligation to administer substantive and procedural justice. This study tests the hypothesis that remote criminal proceedings do not in themselves violate the fundamental principles of criminal procedure; however, their implementation must ensure the right of the parties to effective legal remedies and a fair trial and, only then, must address the issues of procedural economy, speed and flexibility/functionality of the application of technologies. In order to ensure that changes in the regulation of criminal proceedings are in line with fair trial standards, this research will provide answers to the questions of what conditions -first of all, legal and only then organisational- are required for remote criminal proceedings to ensure respect for the parties and enable their effective participation in public proceedings, to create conditions for quality legal defence and its accessibility, to give a correct impression to the party that they are heard and that the court is impartial and fair. It also seeks to present the results of empirical research in the courts of Lithuania that was made by using the interview method. The research will serve as a basis for developing a theoretical model for remote criminal proceedings in the EU to ensure a balance between the intention to have innovative, cost-effective, and flexible criminal proceedings and the positive obligation of the State to ensure the rights of participants in proceedings to just and fair criminal proceedings. Moreover, developments in criminal proceedings also keep changing the image of the court itself; therefore, in the paper will create preconditions for future research on the impact of remote criminal proceedings on the trust in courts. The study aims at laying down the fundamentals for theoretical models of a remote hearing in criminal proceedings and at making recommendations for the safeguarding of human rights, in particular the rights of the accused, in such proceedings. The following criteria are relevant for the remote form of criminal proceedings: the purpose of judicial instance, the legal position of participants in proceedings, their vulnerability, and the nature of required legal protection. The content of the study consists of: 1. Identification of the factual and legal prerequisites for a decision to organise the entire criminal proceedings by remote means or to carry out one or several procedural actions by remote means 2. After analysing the legal regulation and practice concerning the application of the elements of remote criminal proceedings, distinguish the main legal safeguards for protection of the rights of the accused to ensure: (a) the right of effective participation in a court hearing; (b) the right of confidential consultation with the defence counsel; (c) the right of participation in the examination of evidence, in particular material evidence, as well as the right to question witnesses; and (d) the right to a public trial.

Keywords: remote criminal proceedings, fair trial, right to defence, technology progress

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Authors: Catherine Coron

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This paper first tries to scrutinize the diverse meanings and policies of inclusive education in the United Kingdom and France in the recent period thanks to a comparative analysis of the recent literature as well as the various definitions, legislation and good practices of inclusive education. The central question is to find the links between inclusion and economic wellbeing in the economic, social and cultural context of the two countries. The first part questions the economic, social and cultural meaning of the definitions thanks to a comparison between the various perspectives to envisage the notions of inclusion and wellbeing in the two countries in order to better understand the way they are interpreted according to each cultural background. The second part analyses the various policies implemented recently in order to determine the main characteristics, the differences, and the similarities, as well as the economic challenges in terms of wellbeing. The final goal of this paper is to identify the main economic, social and cultural values as regards sustainability in each country.

Keywords: education, inclusion, students with special needs, wellbeing

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Authors: Erika Mae L. Valencia

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Third Culture Kids (TCKs) are children who experienced a cross-cultural upbringing – being raised and lived outside their parents’ culture. As a result, TCKs experience the difficulty of building and attaining a concrete cultural identity. However, in the context of globalization and the emergence of ICTs, the internet, and mobile technology creates better ways of constructing cultural identities. This study investigates the social and cultural impacts of the internet and mobile technology on the multi-cultural identity development among selected Filipino TCKs. Moreover, this research seeks to understand how the Filipino TCKs form their identity and address their complex issue of belonging with the use of different internet platforms and mobile technology. To explore the lived experiences of Filipino TCKs, this research employs a transcendental phenomenological design. Also, this study uses purposive and snowball sampling and conduct in-depth interviews through Skype, phone call, or face-to-face. This study utilizes Pierre Bourdieu’s social capital as a theoretical lens to gain understanding of the TCKs’ identity formation process in relation to the said ICTs. This research argues that the internet and mobile technology play a significant role in facilitating multi-cultural identity formation of Filipino TCKs, as well as potentially broadening their social network through its various technological platforms.

Keywords: identity, internet, third culture kids, mobile technology

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Authors: Heejin Song

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Employing a critical action research approach that rejects essentialist onto-epistemological orientations to research in English language teaching (ELT) and interrogates the hegemonic relations in the knowledge construction and reconstruction processes, this study illuminates how an action research-informed pedagogical practice can transform the English for academic purposes (EAP) teaching to be more culturally and linguistically inclusive and critically oriented for English language learners’ advancement in academic literacies skills. More specifically, this paper aims to showcase the action research-informed pedagogical innovations that emphasize multilingual learners’ multiliteracies engagement and experiential education-oriented learning to facilitate the development of learners’ academic literacies, intercultural communicative competence, and inclusive global citizenship in the context of Canadian university EAP classrooms. The pedagogical innovations through action research embarked in response to growing discussions surrounding pedagogical possibilities of plurilingualism in ELT and synchronous online teaching. The paper is based on two iterations of action research over the pandemic years between 2020 and 2022. The data includes student work samples, focus group interviews, anonymous surveys, teacher feedback and comments on student work and teaching reflections. The first iteration of the action research focused on the affordances of multimodal expressions in individual learners’ academic endeavors for their literacy skills development through individual online activities such as ‘my language autobiography,’ ‘multimodal expression corner’ and public speeches. While these activities help English language learners enhance their knowledge and skills of English-spoken discourses, these tasks did not necessarily require learners’ team-based collaborative endeavors to complete the assigned tasks. Identifying this area for improvement in the instructional design, the second action research cycle/iteration emphasized collaborative performativity through newly added performance/action-based innovative learning tasks, including ‘situational role-playing’, ‘my cooking show & interview’, and group debates in order to provide learners increased opportunities to communicate with peers who joined the class virtually from different parts of the world and enhance learners’ intercultural competence through various strategic and pragmatic communicative skills to collaboratively achieve their shared goals (i.e., successful completion of the given group tasks). The paper exemplifies instances wherein learners’ unique and diverse linguistic and cultural strengths were amplified, and critical literacies were further developed through learners’ performance-oriented multiliteracies engagement. The study suggests that the action research-informed teaching practice that advocates for collaborative multiliteracies engagement serves to facilitate learners’ activation of their existing linguistic and cultural knowledge and contributes to the development of learners’ academic literacy skills. Importantly, the study illuminates that such action research-informed pedagogical initiatives create an inclusive space for learners to build a strong sense of connectedness as global citizens with increased intercultural awareness in their community of language and cultural practices, and further allow learners to actively participate in the construction of ‘collaborative relations of power’ with their peers.

Keywords: action research, EAP, higher education, multiliteracies

Procedia PDF Downloads 79