Search results for: moral rights
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 1796

Search results for: moral rights

536 Independence of the Judiciary in South Africa: An Assessment After Twenty Years of Democracy

Authors: Serges Djoyou Kamga, Gerard Emmanuel Kamdem Kamga

Abstract:

Any serious constitutionalism entails a system of government characterised by the separation of powers between the executive, the legislature, and the judiciary. The latter is generally in charge of upholding the rule of law and the respect for human rights which are vital for the functioning of any democracy. Therefore, for the judiciary to play its role as a watchdog, it should be independent from other branches of government. The aim of this paper is to examine the independence of the judiciary in South Africa after 20 of democracy. Defining judicial independence as the courts’ ability ‘to decide cases on the basis of established law and the merits of the case, without interference from other political or governmental agents’, the paper examines the extent to which the South African judiciary is independent after twenty years of democracy. As part of assessing the independence of the judiciary, the paper begins by looking at the situation during apartheid, then proceeds with an examination of the post-apartheid legal order. It also examines the institutional independence of the judiciary by looking into its day to day activities which revolve around its self-governance, or administrative and financial independence. In addition, the paper assesses the judges’ individual independence by examining whether judicial appointment, security of tenure, judges’ remuneration and disciplinary actions and the removal of judges from office do not contain loopholes that can hinder judicial independence. Ultimately, the chapter argues that although the South African model of judicial independence is yet to be perfect, it is a good practice that can be emulated by other African countries.

Keywords: judical independence, South Africa, democracy, separation of powers

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535 Principle of Progressive Implementation and Education Policy for Former Combatants in Colombia

Authors: Ximena Rincon Castellanos

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The research target was analyzed the education public policy of Colombia according to the content of the right to education. One problematic element of that content is the principle of progressive implementation of economic, social and cultural rights. The research included a complete study of public documents and other papers; as well as, one focus group with former combatants in a city where is located one of some 'hogares de paz', which hosts these people after leaving the illegal group. This paper presents a critical approach to the public policy strategies to guarantee education to former combatants and its tension with the right to a progressive implementation. Firstly, education is understood as a technology level without considering higher education. Former combatant attends to SENA and private institutions, which offer technology education and it is counted by the Colombian Government as higher education. Therefore, statistics report a high level of attendance of excombatant to that education level, but actually, they do not expect to study a university carrier. Secondly, the budget approved has been invested in private institutions, despite public institutions are able to include this population and they need more money to strengthen the public offer, which has been considered as a better strategy to ensure education as a human right but not a good, by the special rapporteur on the right to education. As a consequence, the progressive implementation should be a guide to change and improve current strategies, invest the budget available into the public system of education in order to give former combatants the chance to access to universities.

Keywords: higher education, progressive implementation, public service, private offering and technology education

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534 Diminishing Voices of Children in Mandatory Mediation Schemes

Authors: Yuliya Radanova, Agnė Tvaronavičienė

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With the growing trend for mandating parties of family conflicts to out-of-court processes, the adopted statutory regulations often remain silent on the way the voice of the child is integrated into the procedure. Convention on the Rights of the Child (Art. 12) clearly states the obligation to assure to the child who can form his or her own views the right to express those views freely in all matters affecting him. This article seeks to explore the way children participate in the mandatory mediation schemes applicable to family disputes in the European Union. A review of scientific literature and empirical data has been conducted on those EU Member States that coerce parties to family mediation to establish that different models of practice are deployed, and there is a lack of synchronicity on how children’s role in mediation is viewed. Child-inclusive mediation processes are deemed to produce sustainable results over time but necessitate professional qualifications and skills for the purpose of mediators to accommodate that such discussions are aligned with the best interest of the child. However, there is no unanimous guidance, standards or protocols on the peculiar characteristics and manner through which children are involved in mediation. Herewith, it is suggested that the lack of such rigorous approaches and coherence in an ever-changing mediation setting transitioning towards mandatory mediation models jeopardizes the importance of children’s voices in the process. Thus, it is suggested that there is a need to consider the adoption of uniform guidelines on the specific role children have in mediation, particularly in its mandatory models.

Keywords: family mediation, child involvement, mandatory mediation, child-inclusive, child-focused

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533 Legal Responsibility of the External Auditor Qualitative Case Study of Libyan Environment

Authors: Bubaker F. Shareia

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The aim of this paper is to determine a general frame of the auditor's legal responsibilities in Libya which were implied in professional codes and rules, these codes and rules were concerned with the auditor's rights and duties in conducting his professional duties. This will provide a background for the Libyan accounting profession, and the challenges in tailoring Auditors to meet third party's needs. Being informed of the kinds of legal responsibilities which the external auditors could face during conducting their duties. The study is based on a literature review and archival research, reinforced by a qualitative case study comprised of interviews, questionnaire and a study of internal documents. To reach such an understanding, the researcher designed two questionnaires for collecting the data. One questionnaire was distributed among the certified public accountant firms in Libya and the second was distributed among a group of randomly selected lawyers and judges in the same country. Most auditors agreed upon the determination of their responsibilities toward the state and they emphasized that their responsibilities toward their clients were limited to the accepted standards of auditing. Moreover, all auditors who were surveyed emphasized that there has never been any juridical claims against them, and as a consequence they have never paid any legal fines. This study focuses on one country, which does limit its generalisability. However, it also suggests fruitful research areas in considering the impact and challenge of the historic factors in the accounting profession in emerging economies.

Keywords: accounting, external auditor, legal responsibilities, libyan accounting profession

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532 Capacity for Care: A Management Model for Increasing Animal Live Release Rates, Reducing Animal Intake and Euthanasia Rates in an Australian Open Admission Animal Shelter

Authors: Ann Enright

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More than ever, animal shelters need to identify ways to reduce the number of animals entering shelter facilities and the incidence of euthanasia. Managing animal overpopulation using euthanasia can have detrimental health and emotional consequences for the shelter staff involved. There are also community expectations with moral and financial implications to consider. To achieve the goals of reducing animal intake and the incidence of euthanasia, shelter best practice involves combining programs, procedures and partnerships to increase live release rates (LRR), reduce the incidence of disease, length of stay (LOS) and shelter intake whilst overall remaining financially viable. Analysing daily processes, tracking outcomes and implementing simple strategies enabled shelter staff to more effectively focus their efforts and achieve amazing results. The objective of this retrospective study was to assess the effect of implementing the capacity for care (C4C) management model. Data focusing on the average daily number of animals on site for a two year period (2016 – 2017) was exported from a shelter management system, Customer Logic (CL) Vet to Excel for manipulation and comparison. Following the implementation of C4C practices the average daily number of animals on site was reduced by >50%, (2016 average 103 compared to 2017 average 49), average LOS reduced by 50% from 8 weeks to 4 weeks and incidence of disease reduced from ≥ 70% to less than 2% of the cats on site at the completion of the study. The total number of stray cats entering the shelter due to council contracts reduced by 50% (486 to 248). Improved cat outcomes were attributed to strategies that increased adoptions and reduced euthanasia of poorly socialized cats, including foster programs. To continue to achieve improvements in LRR and LOS, strategies to decrease intake further would be beneficial, for example, targeted sterilisation programs. In conclusion, the study highlighted the benefits of using C4C as a management tool, delivering a significant reduction in animal intake and euthanasia with positive emotional, financial and community outcomes.

Keywords: animal welfare, capacity for care, cat, euthanasia, length of stay, managed intake, shelter

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531 Descriptive Analysis of Community-Based Needs among Asylum Seekers in New England before and after COVID-19

Authors: Viknesh Kasthuri, Victoria Angenent-Mari, Jade Wexler

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The COVID-19 pandemic dramatically altered the landscape of asylum medicine. Brown Human Rights Asylum Clinic (BHRAC) is a medical-student-run asylum clinic that provides pro-bono medical evaluations and forensic affidavits for individuals seeking asylum in New England. After the outbreak of COVID-19 in March 2020, BHRAC experienced numerous changes both in the number of clients requesting services as well as in the resource needs of these clients. Uniquely, BHRAC assesses the needs of clients during their affidavit interview and seeks to address these needs by connecting clients to local community organizations and resources. Data regarding the specific needs of clients range from 2019-present day. Analysis of internal BHRAC’s internal data suggested a small increase in requests for assistance with light and gas (from 5% of total resource requests pre-COVID to 11%), as well as a decrease in requests for mental health services (from 20% of resources pre-COVID to 13% post-COVID). Furthermore, BHRAC witnessed a decline in clinic volume during the second half of 2020. In short, our data suggest that the pandemic affected asylum seekers' access to medico-legal services and the resources they need. Future research with larger sample sizes and in other geographic locations is required to determine the holistic impact of the COVID-19 pandemic on asylum seekers.

Keywords: asylum clinic, asylum medicine, COVID, social determinants of health

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530 Access to Justice for Persons with Intellectual Disabilities in Indonesia: Case and Problem in Indonesian Criminal Justice System

Authors: Fines Fatimah, SH. MH.

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Indonesia is one of the countries that has ratified the UNCRPD (United Nations Convention on the Rights of Persons with Disabilities). The ratification of this convention brings consequences on the adjustment of national legislation with the UNCRPD convention, where this ratification at the same time is a measure in the eyes of the international community that a state party could be consistent with the issues and problems of disability. Persons with disabilities often have little access to justice when they are forced to deal with the criminal justice system. Pursuit of justice through litigation are often not in their favor, therefore without any awareness of law enforcement/awareness of disability will further complicate access to justice for persons with disabilities. Under Article 13 of the UNCRPD, it appeared that the convention requires ratifying states to guarantee equal opportunity and treatment in justice for persons with disabilities. The States should also ensure that any judicial rules must be adapted to the circumstances of persons with disabilities so that people with disabilities can fully participate in all stages of the trial court and, for example, as a witness. Finally, the state must provide training to understand these persons with disabilities (for those who work in the judiciary institution such as police or prison officials). Further, this paper aims to describe problem faced by persons with intellectual disabilities to access justice in Indonesian Criminal Justice System. This paper tries to find and propose the alternative solutions to promote the quality of law enforcement in Indonesia, especially for persons with intellectual disabilities.

Keywords: access to justice, Indonesian criminal justice system, intellectual disability, ratifying states

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529 Perception of Discrimination Amongst Minorites in Canada Following the Inception of Bill 21

Authors: Ayman Mohammed, Abdul Raffay Ilyas, Syeda Rohma Sadia, Zuha Durrani, Fareeha Kamal, Shaheryar Syed, Arshiya Shareef, Mukarram Zaidi

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On June 16, 2019, Coalition Avenir de Québec (CAQ) passed Bill 21, a controversial bill impacting many Canadians. The Bill prohibits workers in the Quebec provincial sector from wearing any form of religious articles. While the Bill claims to treat all religious symbols equally, those with distinctive items of dress such as hijabs, kippahs, and turbans become targets of the discriminatory nature of the Bill. With the rise in xenophobic behaviour across Canada and the West, Think For Actions conducted a study of Bill 21. The study included responses from Indigenous, Muslims, Sikhs and Jewish people residing in Calgary. The focus was on the recent passing of Bill 21, their opinions on the perceived attitudes of intolerance, and the perceptions of common stereotypes. The data collection and analysis happened over 9 weeks. The method of data collection was semi-structured interviews held in focus groups in different religious institutions and cultural/community centres in Calgary. The focus groups generated unanimously negative responses to the Bill. Participants described the Bill as “hateful” and one which “targets minority religions”. The participants had hopes that the Bill would be defeated and Quebec residents would be protected by their basic rights to practice their religion.

Keywords: Bill 21, Islamophobia, Quebec, minorities, discrimination

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528 The Effect of Technology in Improving Tourism Cluster Competitveness

Authors: Nancy Ayman Kamal Mohamed Mehrz

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Like the economies of other countries in the Mediterranean region, the tourism sector in our country has excellent economic prospects. Tourism companies are building tourism, a sector that faces various challenges in its activities. These problems have made business activities and competition between companies difficult. In this study, which was conducted to identify the problems of the tourism sector in the Central Anatolia region, most of the problems faced by the tourism sector and consumer information on consumer rights were used. The aim is to contribute to the awareness of workers and managers working in the tourism sector and to attract the attention of companies and legislators working in the tourism sector. E-tourism is one of the newest issues in the field of tourism. Infrastructure and Information Technology (or ICT) and partner government and tourism organizations are required to achieve this type of tourism. This study measures the views of managers and tourism managers in Leman City regarding e-tourism; In addition, the effect of the literacy level of the tourism management system on tourist attractions was also examined. This research has been carried out. One of the suburbs of Isfahan province. This research is a documentary research and source material that includes literature and surveys. The results obtained show that if managers use ICT, it can help the development of e-tourism in the region, and increasing managers' views about e-tourism and improving their literacy levels can affect the development of tourism.

Keywords: financial problems, the problems of tourism businesses, tourism businesses, internet, marketing, tourism, tourism management economic competitiveness, enhancing competitiveness

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527 Design of an Ensemble Learning Behavior Anomaly Detection Framework

Authors: Abdoulaye Diop, Nahid Emad, Thierry Winter, Mohamed Hilia

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Data assets protection is a crucial issue in the cybersecurity field. Companies use logical access control tools to vault their information assets and protect them against external threats, but they lack solutions to counter insider threats. Nowadays, insider threats are the most significant concern of security analysts. They are mainly individuals with legitimate access to companies information systems, which use their rights with malicious intents. In several fields, behavior anomaly detection is the method used by cyber specialists to counter the threats of user malicious activities effectively. In this paper, we present the step toward the construction of a user and entity behavior analysis framework by proposing a behavior anomaly detection model. This model combines machine learning classification techniques and graph-based methods, relying on linear algebra and parallel computing techniques. We show the utility of an ensemble learning approach in this context. We present some detection methods tests results on an representative access control dataset. The use of some explored classifiers gives results up to 99% of accuracy.

Keywords: cybersecurity, data protection, access control, insider threat, user behavior analysis, ensemble learning, high performance computing

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526 Challenges of New Technologies in the Field of Criminal Law: The Protection of the Right to Privacy in the Spanish Penal Code

Authors: Deborah Garcia-Magna

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The use of new technologies has become widespread in the last decade, giving rise to various risks associated with the transfer of personal data and the publication of sensitive material on social media. There are already several supranational instruments that seek to protect the citizens involved in this growing traffic of personal information and, especially, the most vulnerable people, such as minors, who are also the ones who make the most intense use of these new means of communication. In this sense, the configuration of the concept of privacy as a legal right has necessarily been influenced by these new social uses and supranational instruments. The researcher considers correct the decision to introduce sexting as a new criminal behaviour in the Penal Code in 2015, but questions the concrete manner in which it has been made. To this end, an updated review of the various options that our legal system already offered is made, assessing whether these legal options adequately addressed the new social needs and guidelines from jurisprudence and other supranational instruments. Some important issues emerge as to whether the principles of fragmentarity and subsidiarity may be violated since the new article 197.7 of the Spanish Penal Code could refer to very varied behaviours and protect not only particularly vulnerable persons. In this sense, the research focuses on issues such as the concept of 'seriousness' of the infringement of privacy, the possible reckless conduct of the victim, who hang over its own private material to third parties, the affection to other legal rights such as freedom and sexual indemnity, the possible problems of concurrent offences, etc.

Keywords: criminal law reform, ECHR jurisprudence, right to privacy, sexting

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525 Obstetric Violence Consequences And Coping Strategies: Insights Through The Voices Of Arab And Jewish Women In Israel

Authors: Dganit Sharon, Raghda Alnabilsy

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The goal of this qualitative research was to sound the voices of Jewish and Arab women in Israel who had experienced obstetric violence, to learn the consequences of the violence to them on different levels and over time, and to present their coping strategies from their perspective. Another goal was to expand the research knowledge on an issue that has not been studied among Arab and Jewish women in Israel. The premise of this study is the feminist approach that aims to promote human rights, and to eradicate phenomena related to cultural, structural, gender and patriarchal structures of women, their bodies, and their health. The research was based on the qualitative-constructivist methodology, by means of thematic analysis of 20 in-depth semi-structured interviews. Two main themes emerged from the analysis. First, the physical and emotional consequences of obstetric violence, consequences to spousal relationships, and mistrust of the health system and service providers. Second, women’s coping strategies with obstetric violence that included repression and avoidance as a way of coping with the pain and trauma of the abuse; garnering inner strengths, resilience, knowledge and awareness of the delivery process; recruiting and relying on external help; sharing on social media, and discussions with other women who had similar experiences; or reaching out to therapists / legal aid / public complaints.

Keywords: obstetric violence, Jewish and arab women in israel, consequences, coping strategies, gender-related perspective

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524 On Being a Fugitive from the State-Sponsored Witch Hunt of Homosexuals in Egypt's Media Discourse

Authors: Mahitab A. A. Mahmoud

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Despite the international community’s galvanized efforts to achieve gender equality, the Arab world still lags behind for their sustained suppression of diversity and freedoms. In Egypt, homosexuals are defamed and hunted not only by authorities but also by politicized religious institutions and media platforms. The resultant state-sponsored homophobia is reflected in media. This paper offers a critical discourse analysis of the representation of LGBTQs in Egypt’s local news articles and movies in an attempt to investigate the underlying ideology. The results reveal a clichéd portrayal of homosexuals as a social parasite that requires cleansing by the government. LGBTQs are depicted as an outcome of debauchery, unhappy marriage, sexual deviancy, deficiency of masculinity/femininity, absence of the mother and/or father figure(s), abject poverty, excessive wealth, psychiatric disorder, debased instincts, childhood sexual molestation, immorality, deviation from religion, chaos, treason, conspiracy against the regime, to name only a few. This image, which is imposed and sustained by the state, exposes homosexuals to a violation of their human rights by both the police and the society, endangers their lives, breeds intolerance, social inequality and violence, prevents healthy coexistence; and deprives them of living a normal life.

Keywords: critical discourse analysis, gender studies, homophobia, homosexuality, ideology, media studies

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523 A Study of Welfare State and Indian Democracy by Exploration of Social Welfare Programmes in India

Authors: Kuldeep Singh

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The present paper is an attempt for tracing the changes in the welfare state in Indian democracy from the starting point till now and aims to critical analyse the social-welfare programmes in India with respect to welfare state. After getting independence from Britishers, India became a welfare state and is aiming towards the upliftment of its citizens. Indian democracy is considered to be the largest amongst democratic countries, instead of this after forty-five years of independence, Panchayati Raj Institution became one of the branches of democratic decentralization institutions in India by 73rd and 74th Constitutional Amendment in 1992. Unfortunately, desired purpose of introducing Panchayati Raj Institution is not achieved after all these delayed efforts. The basic problem regarding achievement of welfare state in India in true sense is unawareness and non-implementation of these social-welfare programmes. Presently, Indian government is only focusing on economic growth of the country but lacking from the social point. The doctrinal method of research is used in this research paper. In the concluding remarks, researcher is partly favoring the government in introducing welfare programmes as there are abundant of welfare schemes and programmes, but majority are facing implementation problem. In last, researcher has suggested regarding programmes and schemes that these should be qualitative in nature and power would be given to effective machinery for further check upon their proper implementation and aware the citizens regarding their rights so that welfare state would be achieved.

Keywords: democratic decentralization, Indian democracy, Panchayati Raj institution, social-welfare programmes, welfare state

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522 Sociological Analysis of Fulfillment Regarding Basic Needs of Females(Women) at Home with Special Reference of Balochistan (Pakistan)

Authors: Shabana Mohammad, Muhammad Irfan

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The aim of this study was to bring out the facts regarding the effects of gender discrimination in fulfilling the basic needs of females at home. The purpose of the study was to observe whether gender discrimination affects the fulfillment of their basic needs in comparison to male siblings. Balochistan is the largest province of Pakistan geographically and has a tribal system. Due to having tribal systems, the women are not treated equally as men at home because males are considered the strength and privilege of tribes; males are more valuable because they support their families economically as well, and females are not allowed to work outside the home. That’s why females are deprived of their basic needs of life. The females (women) are neglected to have better nourishment, health facilities, easy access to get an education, safe house, and self-confidence. The type of research is quantitative, and data was collected from all government girls’ degree colleges of Quetta city (the capital of Balochistan province) under the age of 18. Two hundred (200) Students of all FA arts faculty (first year) were selected through simple random sampling (fishbowl draw). Data were analyzed by SPSS, and a coefficient test was applied to test the hypothesis. The regression of coefficient has a significant association between gender discrimination and basic needs (P-value =.000). The results showed that women are underprivileged from all basic needs (fundamental rights) of life, which are entitled to everyone by their birth because of male preference that creates gender disparity between men and women.

Keywords: basic needs, discrimination, value of women at home, hurdles of women

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521 Barriers of the Development and Implementation of Health Information Systems in Iran

Authors: Abbas Sheikhtaheri, Nasim Hashemi

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Health information systems have great benefits for clinical and managerial processes of health care organizations. However, identifying and removing constraints and barriers of implementing and using health information systems before any implementation is essential. Physicians are one of the main users of health information systems, therefore, identifying the causes of their resistance and concerns about the barriers of the implementation of these systems is very important. So the purpose of this study was to determine the barriers of the development and implementation of health information systems in terms of the Iranian physicians’ perspectives. In this study conducted in 8 selected hospitals affiliated to Tehran and Iran Universities of Medical Sciences, Tehran, Iran in 2014, physicians (GPs, residents, interns, specialists) in these hospitals were surveyed. In order to collect data, a research made questionnaire was used (Cronbach’s α = 0.95). The instrument included 25 about organizational (9), personal (4), moral and legal (3) and technical barriers (9). Participants were asked to answer the questions using 5 point scale Likert (completely disagree=1 to completely agree=5). By using a simple random sampling method, 200 physicians (from 600) were invited to study that eventually 163 questionnaires were returned. We used mean score and t-test and ANOVA to analyze the data using SPSS software version 17. 52.1% of respondents were female. The mean age was 30.18 ± 7.29. The work experience years for most of them were between 1 to 5 years (80.4 percent). The most important barriers were organizational ones (3.4 ± 0.89), followed by ethical (3.18 ± 0.98), technical (3.06 ± 0.8) and personal (3.04 ± 1.2). Lack of easy access to a fast Internet (3.67±1.91) and the lack of exchanging information (3.61±1.2) were the most important technical barriers. Among organizational barriers, the lack of efficient planning for the development and implementation systems (3.56±1.32) and was the most important ones. Lack of awareness and knowledge of health care providers about the health information systems features (3.33±1.28) and the lack of physician participation in planning phase (3.27±1.2) as well as concerns regarding the security and confidentiality of health information (3.15 ± 1.31) were the most important personal and ethical barriers, respectively. Women (P = 0.02) and those with less experience (P = 0.002) were more concerned about personal barriers. GPs also were more concerned about technical barriers (P = 0.02). According to the study, technical and ethics barriers were considered as the most important barriers however, lack of awareness in target population is also considered as one of the main barriers. Ignoring issues such as personal and ethical barriers, even if the necessary infrastructure and technical requirements were provided, may result in failure. Therefore, along with the creating infrastructure and resolving organizational barriers, special attention to education and awareness of physicians and providing solution for ethics concerns are necessary.

Keywords: barriers, development health information systems, implementation, physicians

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520 Physical Education Effect on Sports Science Analysis Technology

Authors: Peter Adly Hamdy Fahmy

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The aim of the study was to examine the effects of a physical education program on student learning by combining the teaching of personal and social responsibility (TPSR) with a physical education model and TPSR with a traditional teaching model, these learning outcomes involving self-learning. -Study. Athletic performance, enthusiasm for sport, group cohesion, sense of responsibility and game performance. The participants were 3 secondary school physical education teachers and 6 physical education classes, 133 participants with students from the experimental group with 75 students and the control group with 58 students, and each teacher taught the experimental group and the control group for 16 weeks. The research methods used surveys, interviews and focus group meetings. Research instruments included the Personal and Social Responsibility Questionnaire, Sports Enthusiasm Scale, Group Cohesion Scale, Sports Self-Efficacy Scale, and Game Performance Assessment Tool. Multivariate analyzes of covariance and repeated measures ANOVA were used to examine differences in student learning outcomes between combining the TPSR with a physical education model and the TPSR with a traditional teaching model. The research findings are as follows: 1) The TPSR sports education model can improve students' learning outcomes, including sports self-efficacy, game performance, sports enthusiasm, team cohesion, group awareness and responsibility. 2) A traditional teaching model with TPSR could improve student learning outcomes, including sports self-efficacy, responsibility, and game performance. 3) The sports education model with TPSR could improve learning outcomes more than the traditional teaching model with TPSR, including sports self-efficacy, sports enthusiasm, responsibility and game performance. 4) Based on qualitative data on teachers' and students' learning experience, the physical education model with TPSR significantly improves learning motivation, group interaction and sense of play. The results suggest that physical education with TPSR could further improve learning outcomes in the physical education program. On the other hand, the hybrid model curriculum projects TPSR - Physical Education and TPSR - Traditional Education are good curriculum projects for moral character education that can be used in school physics.

Keywords: approach competencies, physical, education, teachers employment, graduate, physical education and sport sciences, SWOT analysis character education, sport season, game performance, sport competence

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519 A Constitutional Theory of the American Presidency

Authors: Elvin Lim

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This article integrates the debate about presidential powers with the debate about federalism, arguing that there are two ways of exercising presidential powers, one working in tandem with expanding federal powers, and the other working against it. Alexander Hamilton and Thomas Jefferson—the former a Federalist and the latter echoing the views of many Anti-Federalists—disagreed not only on the constitutional basis of prerogative, but also on the ends for which it should be deployed. This tension has always existed in American politics, and is reproduced today. Modern Democrats and Republicans both want a strong executive, but the Democrats who want a strong executive to pass legislation to expand the reach of the federal government; naturally, they must rely on an equally empowered Congress to do so. Republicans generally do not want an intrusive federal government, which is why their defense of a strong presidency does not come alongside a call for a strong Congress. This distinction cannot be explained without recourse to foundational yet opposing views about the appropriate role of federal power. When we bring federalism back in, we see that there are indeed two presidencies; one neo-Federalist, in favor of moderate presidential prerogative alongside a robust Congress directed collectively to a national state-building agenda and expanding the federal prerogative; another, neo-Anti-Federalist, in favor of expansive presidential prerogative and an ideologically sympathetic Congress equally suspicious of federal power to retard or roll back national state-building in favour of states rights.

Keywords: US presidency, federalism, prerogative, anti-federalism

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518 The Impact of Task Type and Group Size on Dialogue Argumentation between Students

Authors: Nadia Soledad Peralta

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Within the framework of socio-cognitive interaction, argumentation is understood as a psychological process that supports and induces reasoning and learning. Most authors emphasize the great potential of argumentation to negotiate with contradictions and complex decisions. So argumentation is a target for researchers who highlight the importance of social and cognitive processes in learning. In the context of social interaction among university students, different types of arguments are analyzed according to group size (dyads and triads) and the type of task (reading of frequency tables, causal explanation of physical phenomena, the decision regarding moral dilemma situations, and causal explanation of social phenomena). Eighty-nine first-year social sciences students of the National University of Rosario participated. Two groups were formed from the results of a pre-test that ensured the heterogeneity of points of view between participants. Group 1 consisted of 56 participants (performance in dyads, total: 28), and group 2 was formed of 33 participants (performance in triads, total: 11). A quasi-experimental design was performed in which effects of the two variables (group size and type of task) on the argumentation were analyzed. Three types of argumentation are described: authentic dialogical argumentative resolutions, individualistic argumentative resolutions, and non-argumentative resolutions. The results indicate that individualistic arguments prevail in dyads. That is, although people express their own arguments, there is no authentic argumentative interaction. Given that, there are few reciprocal evaluations and counter-arguments in dyads. By contrast, the authentically dialogical argument prevails in triads, showing constant feedback between participants’ points of view. It was observed that, in general, the type of task generates specific types of argumentative interactions. However, it is possible to emphasize that the authentically dialogic arguments predominate in the logical tasks, whereas the individualists or pseudo-dialogical are more frequent in opinion tasks. Nerveless, these relationships between task type and argumentative mode are best clarified in an interactive analysis based on group size. Finally, it is important to stress the value of dialogical argumentation in educational domains. Argumentative function not only allows a metacognitive reflection about their own point of view but also allows people to benefit from exchanging points of view in interactive contexts.

Keywords: sociocognitive interaction, argumentation, university students, size of the grup

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517 Controlling Images and Survival Strategies for Muslim Women in Pakistan

Authors: Ayesha Murtza

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Controlling images develop misinformed behaviors about impoverished Muslim Pakistani women that add to the oppression these Pakistani women endure their whole lives. Meanwhile, patriarchal and stereotypical societies provide an ideological justification for gender, class, and racial oppression, especially for women. Cojoining the concepts of controlling images by Patricia Hill Collins (1990) and binary thinking by Barbara Christian (1987), this paper discusses the ways in which various controlling images of urban and rural women are being presented in Pakistani dramas. These images reinforce an interlocking system of oppression for women in Pakistan. This paper further explores how these controlling images of intersecting components like class, gender, religion, ethnicity, physical appearance, color, and caste normalize hegemonic gendered oppression in society and how men have the same attitude towards women of their family whether they belong to the rural or urban class since they are the product of the same society. It further sheds light on how these matrixes of domination are an inevitable part of Pakistani women’s everyday lives and how these women reinforce survival strategies for coping with all these forms of oppression. By employing the feminist interactional framework, this paper elucidates the role of masculinity, femininity, feminist activism, and traditional knowledge against a monolithic image of Pakistani women. By highlighting these, this paper complicates the role of descriptive and visual images, religion, women’s rights, and the stereotypical role of women in Pakistani dramas.

Keywords: controlling images, oppression, women, Pakistan

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516 Research Inspiration for Urban Renewal in Regions with Historical Value in Developed Areas of China: A Case Study of the Hubei Ancient Village

Authors: Qingxiang Zeng

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Since the beginning of the 21st century, China's urbanization process has rapidly progressed. Since 2005, China's developed regions have gradually entered the stage of urban conservation and updating. The over-pursuit of economic market benefits in urban construction in China has led to issues such as disrespect for residents' rights, neglect of historical context protection, and gentlemanization, which hinder urban social development in some developed urban areas. This article takes the Hubei Ancient Village renewal project in Shenzhen, China, as an example. The project took eight years to obtain government approval and implementation since its renewal proposal was launched, which has attracted attention from society and urban planning circles. Through an introduction to the project's general situation and renewal process, this article reflects on the issues of planning systems, historical context protection, conflicts between multiple values, and neglect of vulnerable groups in the Hubei Ancient Village renewal and protection project. Based on this reflection, this article summarizes the corresponding experience and provides theoretical help for urban renewal in developed regions in China, providing case references for urban renewal and construction in other developing countries and offering critical thinking and valuable experience for urban planning practitioners and policymakers.

Keywords: urban renewal, Hubei Ancient Village, historical context, public participation

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515 Experiences of Students with SLD at University: A Case Study

Authors: Lorna Martha Dreyer

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Consistent with the changing paradigm on the rights of people with disabilities and in pursuit of social justice, there is internationally an increase in students with disabilities enrolling at Higher Education Institutions (HEIs). This trend challenges HEI’s to transform and attain Education for All (EFA) as a global imperative. However, while physical and sensory disabilities are observable, students with specific learning disabilities (SLD) do not present with any visible indications and are often referred to as “hidden” or “invisible” disabilities. This qualitative case study aimed to illuminate the experiences of students with SLDs at a South African university. The research was, therefore, guided by Vygotsky’s social-cultural theory (SCT). This research was conducted within a basic qualitative research methodology embedded in an interpretive paradigm. Data was collected through an online background survey and semi-structured interviews. Thematic qualitative content analysis was used to analyse the collected data systematically. From a social justice perspective, the major findings suggest that there are several factors that impede equal education for students with SLDs at university. Most participants in this small-scale study experienced a lack of acknowledgment and support from lecturers. They reported valuing the support of family and friends more than that of lecturers. It is concluded that lecturers need to be reflective of their pedagogical practices if authentic inclusion is to be realised.

Keywords: higher education, inclusive education, pedagogy, social-cultural theory, specific learning disabilities

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514 Re-Imagining and De-Constructing the Global Security Architecture

Authors: Smita Singh

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The paper develops a critical framework to the hegemonic discourses resorted to by the dominant powers in the global security architecture. Within this framework, security is viewed as a discourse through which identities and threats are represented and produced to legitimize the security concerns of few at the cost of others. International security have long been driven and dominated by power relations. Since the end of the Cold War, the global transformations have triggered contestations to the idea of security at both theoretical and practical level. These widening and deepening of the concept of security have challenged the existing power hierarchies at the theoretical level but not altered the substance and actors defining it. When discourses are introduced into security studies, several critical questions erupt: how has power shaped security policies of the globe through language? How does one understand the meanings and impact of those discourses? Who decides the agenda, rules, players and outliers of the security? Language as a symbolic system and form of power is fluid and not fixed. Over the years the dominant Western powers, led by the United States of America have employed various discursive practices such as humanitarian intervention, responsibility to protect, non proliferation, human rights, war on terror and so on to reorient the constitution of identities and interests and hence the policies that need to be adopted for its actualization. These power relations are illustrated in this paper through the narratives used in the nonproliferation regime. The hierarchical security dynamics is a manifestation of the global power relations driven by many factors including discourses.

Keywords: hegemonic discourse, global security, non-proliferation regime, power politics

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513 The Effect of Articial Intelligence on Physical Education Analysis and Sports Science

Authors: Peter Adly Hamdy Fahmy

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The aim of the study was to examine the effects of a physical education program on student learning by combining the teaching of personal and social responsibility (TPSR) with a physical education model and TPSR with a traditional teaching model, these learning outcomes involving self-learning. -Study. Athletic performance, enthusiasm for sport, group cohesion, sense of responsibility and game performance. The participants were 3 secondary school physical education teachers and 6 physical education classes, 133 participants with students from the experimental group with 75 students and the control group with 58 students, and each teacher taught the experimental group and the control group for 16 weeks. The research methods used surveys, interviews and focus group meetings. Research instruments included the Personal and Social Responsibility Questionnaire, Sports Enthusiasm Scale, Group Cohesion Scale, Sports Self-Efficacy Scale, and Game Performance Assessment Tool. Multivariate analyzes of covariance and repeated measures ANOVA were used to examine differences in student learning outcomes between combining the TPSR with a physical education model and the TPSR with a traditional teaching model. The research findings are as follows: 1) The TPSR sports education model can improve students' learning outcomes, including sports self-efficacy, game performance, sports enthusiasm, team cohesion, group awareness and responsibility. 2) A traditional teaching model with TPSR could improve student learning outcomes, including sports self-efficacy, responsibility, and game performance. 3) The sports education model with TPSR could improve learning outcomes more than the traditional teaching model with TPSR, including sports self-efficacy, sports enthusiasm, responsibility and game performance. 4) Based on qualitative data on teachers' and students' learning experience, the physical education model with TPSR significantly improves learning motivation, group interaction and sense of play. The results suggest that physical education with TPSR could further improve learning outcomes in the physical education program. On the other hand, the hybrid model curriculum projects TPSR - Physical Education and TPSR - Traditional Education are good curriculum projects for moral character education that can be used in school physics.

Keywords: approach competencies, physical, education, teachers employment, graduate, physical education and sport sciences, SWOT analysis character education, sport season, game performance, sport competence

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512 ‘A Ghost of One’s Own’: Spectral Intrusions and Trauma in the Poetry of Joanna Baillie and Anne Bannerman

Authors: Elli Karampela

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In Specters of Marx (1993), Jacques Derrida refers to the ghost as an Other presence that occupies the space of the self and emanates from there, haunting in its shadowy pastness and threatening/striving to break free. In times of change, ghosts both reflect the dissolution of set principles and voice traumas of the past that create a sense of fear and instability. This paper observes the way female ghosts create connections with the living in the poetry of Joanna Baillie and Anne Bannerman, both integral, albeit under-researched in different ways, writers of the English Romantic period working in the aftermath of the French Revolution. Especially at the beginning of the nineteenth century, when ghost narratives were devoured by readers and enjoyed as stories that re-awakened sensation in times of revolution, there was at the same time fear of intrusion by terror’s unruly forces that threatened to turn the readers restless. The ghost was particularly dangerous because it was associated with memory and the intrusion of past trauma in the here and now. As will be seen, both Baillie and Bannerman explore the idea of the female ghost’s ‘return’ (a Freudian term that will be approached) which breaks both time and space boundaries to raise the suppressed female voice, threaten stability, and correct wrongs. As a result, the varied manifestations of female ghosts render Baillie and Bannerman active in the contemporary discourse about human rights and the reclamation of the agency.

Keywords: poetry, romanticism, spectrality, trauma, women

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511 The Social Conflicts and Evaluation of Times Square, Middletown Manhattan District in Development Since the Inceptive Point

Authors: Seung Oh, Satoshi Okada

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This study is information-intensive research that provides insight from the factual history, social perception, and robust ideas derived from the social conflict in the most progressively thriving district in the world, Times Square. The case study provides the socio-environmental setup since the Inceptive Point of the development, the Great Depression, the history archives, and evaluation based on the master-level journals as standard. The Great Depression invited macro-sized changes, including financial systems, to raise fluidity by gutting off the debt limit by the gold value, organizing the labor, and social problems in the major cities. The locality of Times Square was implemented by the socio-political changes, overturning ownerships of properties, including theaters, delocalizing tourism, and re-entering the labors with organizations through infrastructure projects and civil activities for minorities and preservations amid the progressive developments over time. Naturally, chasing the media for factual research before and after Inceptive Points. Times Square is understood not just the ‘tower with subway’ progression but also social conflicts raised for adjustment for civil rights, preservations, and progression to deliver the environmental background to trigger the 42nd Street Development (42DP) in the 1990s.

Keywords: development, district, progressive, preservation, social conflict, value chasing

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510 Legal Warranty in Real Estate Registry in Albania

Authors: Elona Saliaj

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The registration of real estate in Albania after the 90's has been a long process in time and with high cost for the country. Passing the registration system from a centralized system to a free market private system, it’s accompanied by legal uncertainties that have led to economic instability. The reforms that have been undertaken in terms of property rights have been numerous and continuous throughout the years. But despite the reforms, the system of registration of real estate, has failed to be standards requirements established by the European Union. The completion of initial registration of real estate, legal treatment of previous owners or legalization of illegal constructions remain among the main problems that prevent the development of the country in its economic sector. The performance of the registration of real estate system and dealing with issues that have appeared in the Court of First Instance, the civil section of the Albanian constitute the core of handling this analysis. This paper presents a detailed analysis on the registration system that is chosen to be applied in our country for real estate. In its content it is also determined the institution that administrates these properties, the management technique and the law that determinate its functionality. The strategy is determined for creating a modern and functional registration system and for the country remains a challenge to achieve. Identifying practical problems and providing their solutions are also the focus of reference in order to improve and modernize this important system to a state law that aims to become a member of the European Union.

Keywords: real estates registration system, comparative aspects, cadastral area, property certificate, legal reform

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509 The Impact of Misogyny on Women's Leadership in the Local Sphere of Government: The Case of Dr. Kenneth Kaunda District Municipality

Authors: Josephine Eghonghon Ahiante, Barry Hanyane

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To give effect to the constitutional rights of gender equality, the South African government instituted various legislative policy frameworks and legislations to equalise the public service. Nonetheless, gender inequality in senior management positions remains a rift in government institutions, particularly the local sphere of government. The methodology for gathering and analysing data for this study was based on both primary and secondary data sources, namely literature review, qualitative and quantitative data collection and analysis, triangulation, and inductive and deductive thematic analysis. The study found that misogynist tendencies which are manifest in organisational culture suffocate the good intentions of government in ensuring social justices, leadership diversity, and women equality. It also demonstrates that traditional gender role expectation still informs the ground in which senior management positions are allocated, men perceive women as non-leadership fit and discriminate against them during recruitment, selection, and promotion into high positions. The analyses from the study portray that, while government legislation and framework has been instrumental in the leadership acceleration of women, much more has to be done to deconstruct internalised leadership stereotypes on women's gender roles and leadership requirements. The study recommends that gender bias training intervention is needed to teach public employees on management excellence.

Keywords: gender, leadership, misogyny, orgnisational cultural, patriachy

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508 Inclusion of Children with Disabilities in Early Childhood Development Programs in Nepal: Construction of a Stakeholder Informed Framework

Authors: Divya Dawadi, Kerry Bissaker

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Inclusion of children with a disability (CwD) in Early Childhood Education and Development (ECED) programs in Nepal while viewed as desirable is not widespread. Even though the ECED program is currently providing access to ECED services for one million young children, with the aim to improve children's school readiness by equipping them with the necessary knowledge and skills to succeed more effectively in their primary schooling, access to early year's education in inclusive settings for CwD is challenging. Using a heuristic qualitative design, this research aims to construct a framework by analyzing the perspectives of parents and professionals through interviews and focus group discussions, with a view to recommending a new policy to address the rights of CwD and their families. Several school-based and/or organizational and contextual factors interact to contribute to CwD becoming victims of multiple layers of exclusion. The school-based factors include policy, attitudes, teacher efficacy, resources, coordination and parental engagement. The contextual factors are spirituality, caste ethnicity, language, economic status, and geographic location. However, there is a varied effect of the interaction between school-based and contextual factors on different groups of CwD. A policy needs to recognize the multiplicity of the interactions between these factors that inhibit the inclusion of varied groups of CwD in ECED programs and address them separately.

Keywords: children with a disability, early childhood education and development, framework, inclusion

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507 The Ethics of Documentary Filmmaking Discuss the Ethical Considerations and Responsibilities of Documentary Filmmakers When Portraying Real-life Events and Subjects

Authors: Batatunde Kolawole

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Documentary filmmaking stands as a distinctive medium within the cinematic realm, commanding a unique responsibility the portrayal of real-life events and subjects. This research delves into the profound ethical considerations and responsibilities that documentary filmmakers shoulder as they embark on the quest to unveil truth and weave compelling narratives. In the exploration, they embark on a comprehensive review of ethical frameworks and real-world case studies, illuminating the intricate web of challenges that documentarians confront. These challenges encompass an array of ethical intricacies, from securing informed consent to safeguarding privacy, maintaining unwavering objectivity, and sidestepping the snares of narrative manipulation when crafting stories from reality. Furthermore, they dissect the contemporary ethical terrain, acknowledging the emergence of novel dilemmas in the digital age, such as deepfakes and digital alterations. Through a meticulous analysis of ethical quandaries faced by distinguished documentary filmmakers and their strategies for ethical navigation, this study offers invaluable insights into the evolving role of documentaries in molding public discourse. They underscore the indispensable significance of transparency, integrity, and an indomitable commitment to encapsulating the intricacies of reality within the realm of ethical documentary filmmaking. In a world increasingly reliant on visual narratives, an understanding of the subtle ethical dimensions of documentary filmmaking holds relevance not only for those behind the camera but also for the diverse audiences who engage with and interpret the realities unveiled on screen. This research stands as a rigorous examination of the moral compass that steers this potent form of cinematic expression. It emphasizes the capacity of ethical documentary filmmaking to enlighten, challenge, and inspire, all while unwaveringly upholding the core principles of truthfulness and respect for the human subjects under scrutiny. Through this holistic analysis, they illuminate the enduring significance of upholding ethical integrity while uncovering the truths that shape our world. Ethical documentary filmmaking, as exemplified by "Rape" and countless other powerful narratives, serves as a testament to the enduring potential of cinema to inform, challenge, and drive meaningful societal discourse.

Keywords: filmmaking, documentary, human right, film

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