Search results for: workers’ rights
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 2679

Search results for: workers’ rights

1329 Battle on Historical Water: An Analysis Roots of conflict between India and Sri Lanka and Victimization of Arrested Indian Fishermen

Authors: Xavier Louis, Madhava Soma Sundaram

Abstract:

The Palk Bay, a narrow strip of water, separates the state of Tamil Nadu in India from north Sri Lanka. The bay, which is 137 km in length and varies from 64 to 137 kilometers in width and is home to more than 580 fish species and chunks of shrimp’s resources, is divided by the International Maritime Boundary Line (IMBL). The bay, bordering it are five Tamil Nadu districts of India and three Sri Lankan districts and assumes importance as it is one of the areas presenting permanent and serious challenges to both India and Sri Lanka with respect to the fishing rights in the Bay. Fishermen from both sides were enjoying fishing with hormones for centuries. Katchchadeevu is a tiny Island located in the Bay, which was a part of India. After the Katchchadeevu agreement 1974 it became a part of Sri Lanka and a fishing conflict arose between the two countries' fishermen. Fuelling the dispute over Katchatheevu is the overfishing of Indian mechanized trawlers in Palk Bay and the damaging environmental and economic effects of trawling. Since 2008, more than 300 Indian fishermen have been killed by firing by Sri Lankan Navy, nearly 100 fishermen have gone missing and more than 3000 fishermen were arrested and later released after the trials for trespassing into Sri Lankan waters. Currently, more than 120 fishing boats and 29 fishermen are in Sri Lankan custody. This paper attempts to find out the causes of fishing conflict and who has the fishing rights in the mentioned waters, how the international treaties are complied with at the time of arrest and trials, how the arrested fishermen are treated by them and how they suffer from fishermen families without a breadwinner. A Semi-structured interview schedule tool was prepared by the researcher, which is suitable for measuring quantitative and qualitative aspects of the above-mentioned theme. One hundred arrested fishermen were interviewed and recorded their prison experiences in Sri Lanka. The research found that the majority of the fishermen believe that they have the right to fish in the historical water and that the Sri Lankan Naval personnel have brutally attacked the Indian fishermen at the time of the arrest. The majority of the fishermen accepted that they had limited fishing grounds. As a result, they entered Sri Lankan waters for their livelihood. The majority of the fishermen expected that they would also get their belongings back at the time of release, primarily the boats. Most of the arrested fishermen's families face financial crises in the absence of their breadwinners and this situation has created conditions for child labor among the affected families and some fishers migrate to different places for different occupations. The majority of the fishers have trauma about their victimization and face uncertainty in the future of their occupation. We can discuss more the causes and nature of the fishing conflict and the financial and psychological victimization of Indian fishermen in relation to the conflict.

Keywords: palk bay, historical water, fishing conflict, arrested fishermen, victimization

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1328 Active Victim Participation in the Criminal Justice System: The Indian Scenario

Authors: Narayani Sepaha

Abstract:

In earlier days, the sufferer was burdened to prove the offence as well as to put the offender to punishment. The adversary system of legal procedure was characterized simply by two parties: the prosecution and the defence. With the onset of this system, firstly the judge started acting as a neutral arbitrator, and secondly, the state inadvertently started assuming the lead role and thereby relegated the victims to the position of oblivion. In this process, with the increasing role of police forces and the government, the victims got systematically excluded from the key stages of the case proceedings and were reduced to the stature of a prosecution witness. This paper tries to emphasise the increasing control over the various stages of the trial, by other stakeholders, leading to the marginalization of victims in the trial process. This monopolization has signalled the onset of an era of gross neglect of victims in the whole criminal justice system. This consciousness led some reformists to raise their concerns over the issue, during the early part of the 20th century. They started supporting the efforts which advocated giving prominence to the participation of victims in the trial process. This paved the way for the evolution of the science of victimology. Markedly the innovativeness to work out facts, seek opinions and statements of the victims and reassure that their voice is also heard has ensured the revival of their rightful roles in the justice delivery system. Many countries, like the US, have set an example by acknowledging the advantages of participation of victims in trials like in the proceedings of the Ariel Castro Kidnappings of Cleveland, Ohio and enacting laws for protecting their rights within the framework of the legal system to ensure speedy and righteous delivery of justice in some of the most complicated cases. An attempt has been made to flag that the accused have several rights in contrast to the near absence of separate laws for victims of crime, in India. It is sad to note that, even in the initial process of registering a crime the victims are subjected to the mercy of the officers in charge and thus begins the silent suffering of these victims, which continues throughout the process of their trial. The paper further contends, that the degree of victim participation in trials and its impact on the outcomes, can be debated and evaluated, but its potential to alter their position and make them regain their lost status cannot be ignored. Victim participation in trial proceedings will help the court in perceiving the facts of the case in a better manner and in arriving at a balanced view of the case. This will not only serve to protect the overall interest of the victims but will act to reinforce the faith in the criminal justice delivery system. It is pertinent to mention that there is an urgent need to review the accused centric prosecution system and introduce appropriate amendments so that the marginalization of victims comes to an end.

Keywords: victim participation, criminal justice, India, trial, marginalised

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1327 The Politics of Land Grabbing in Ethiopia

Authors: Esayas Geleta

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Within the last two decades in many sub-Saharan African countries, a large-scale acquisition (lease, concession, outright purchase) of extensive areas of farmland commonly labeled as ‘idle’ and ‘under-utilized’ has resulted in displacement and dispossession and dispossession without ‘compensation.’ This paper seeks to critically illustrate the processes and the consequences of the ‘land grabbing project’ in Ethiopia. Drawing on the theory of participatory development and empirical studies undertaken in Ethiopia, the paper elucidates the power dynamics that influence how and why dislocation and dispossession occur. The paper then demonstrates why the land-grabbing project, which was hugely supported by many international organizations, has largely failed in Ethiopia. Through a critical analysis of the process of ‘land grabbing’ in Ethiopia, the paper contributes to a more adequate and critical understanding of contemporary land deals and their social and environmental consequences.

Keywords: land grabbing, human rights, dispossession, resistance, governance

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1326 Renovation of Industrial Zones in Ho Chi Minh City: An Approach from Changing Function of Processing to Urban Warehousing

Authors: Thu Le Thi Bao

Abstract:

Industrial parks have both active roles in promoting economic development and source of appearance of boarding houses and slums in the adjacent area, lacking infrastructure, causing many social evils. The context of the recent pandemic and climate change on a global scale pose issues that need to be resolved for sustainable development. Ho Chi Minh City aims to develop housing for migrant workers to stabilize human resources and, at the same time, solve problems of social evils caused by poor living conditions. The paper focuses on the content of renovating existing industrial parks and worker accommodation in Ho Chi Minh City to propose appropriate models, contributing to the goal of urban embellishment and solutions for industrial parks to adapt to abnormal impact conditions such as pandemics, climate change, crises.

Keywords: industrial park, social housing, accommodation, distribution center

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1325 Mobility and Effective Regulatory Policies in the 21st Century Transport Sector

Authors: Pedro Paulino

Abstract:

The majority of the world’s population is already living in urban areas and the urban population is expected to keep increasing in the next decades. This exponential increase in urban population carries with it obvious mobility problems. Not only a new paradigm in the transport sector is needed in order to address these problems; effective regulatory policies to ensure the quality of services, passenger rights, competition between operators and consistency of the entire mobile ecosystem are needed as well. The purpose of this paper is to present the problems the world faces in this sector and contribute to their solution. Indeed, our study concludes that only through the active supervision of the markets and the activity of monitoring the various operators will it be possible to develop a sustainable and efficient transport system which meets the needs of a changing world.

Keywords: mobility, regulation policies, sanctioning powers, sustainable transport

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1324 The Algorithmic Dilemma: Virtue Development in the Midst of Role Conflict and Role Ambiguity in Platform Work

Authors: Thumesha Jayatilake

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As platform work continues to proliferate, algorithmic management, which takes care of its operational role, poses complex challenges, including job satisfaction, worker involvement, ethical decision-making, and worker well-being. This conceptual paper scrutinizes how algorithmic management influences virtue development among platform workers, with an emphasis on the effects of role conflict and role ambiguity. Using an interdisciplinary approach, the research elucidates the complex relationship between algorithmic management systems and the ethical dimensions of work. The study also incorporates the interplay of human interaction and short-term task orientation, thus broadening the understanding of the impacts of algorithmic management on virtue development. The findings have significant implications for policymakers, academics, and industry practitioners, illuminating the ethical complexities presented by the use of algorithms in modern employment settings.

Keywords: algorithmic management, ethics, platform work, virtue

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1323 Investigation of Occupational Health and Safety of Bakeries in Izmir, Turkey

Authors: Pinar Ercan, Bulut Mert

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The baking industry is prone to occupational health challenges like other industries. Workers in bakeries face many hazards in their work environment; hazards have the potential for causing injury, illness or work accidents. Most of these hazards are preventable and arise from the neglect of occupational safety measures. Some bakeries in Izmır Turkey was evaluated according to occupational health and safety. First of all, the production process was evaluated. The survey was administered to a total of 50 employees. The survey consisted of two sections. The first one comprised only demographic questions and items related to job characteristics. The remaining section was assessing the satisfaction and confidence about occupational health and safety in terms of employees consist of a 10-item questionnaire by using HSE (2010) survey with some modifications. Also, hazards, risks and control measures in the bakeries were determined. Risk assessment has been done by the use of '5x5 Risk Assessment Table' for this purpose.

Keywords: bakeries, occupational health and safety, hazards, risks, risk assessment

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1322 Obstruction to Treatments Meeting International Standards for Lyme and Relapsing Fever Borreliosis Patients

Authors: J. Luché-Thayer, C. Perronne, C. Meseko

Abstract:

We reviewed how certain institutional policies and practices, as well as questionable research, are creating obstacles to care and informed consent for Lyme and relapsing fever Borreliosis patients. The interference is denying access to treatments that meet the internationally accepted standards as set by the Institute of Medicine. This obstruction to care contributes to significant human suffering, disability and negative economic effect across many nations and in many regions of the world. We note how evidence based medicine emphasizes the importance of clinical experience and patient-centered care and how these patients benefit significantly when their rights to choose among treatment options are upheld.  

Keywords: conflicts of interest, obstacles to healthcare accessibility, patient-centered care, the right to informed consent

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1321 Exploring the Challenges of Post-conflict Peacebuilding in the Border Districts of Eastern Zone of Tigray Region

Authors: Gebreselassie Sebhatleab

Abstract:

According to the Global Peace Index report (GPI, 2023), global peacefulness has deteriorated by more than 0.42%. Old and new conflicts, COVID-19, and political and cultural polarization are the main drivers of conflicts in the world. The 2022 was the deadliest year for armed conflict in the history of the GPI. In Ethiopia, over half a million people died in the Tigray war, which was the largest conflict death event since the 1994 Rwandan genocide. In total, 84 countries recorded an improvement, while 79 countries recorded a deterioration in peacefulness across the globe. The Russia-Ukraine war and its consequences were the main drivers of the deterioration in peacefulness globally. Both Russia and Ukraine are now ranked amongst the ten least peaceful countries, and Ukraine had the largest deterioration of any country in the 2023 GPI. In the same year, the global impact of violence on the economy was 17 percent, which was equivalent to 10.9% of global GDP. Besides, the brutal conflict in Tigray started in November. 2020 claimed more than half a million lives lost and displaced nearly 3 million people, along with widespread human rights violations and sexual violence has left deep damage on the population. The displaced people are still unable to return home because the western, southern and Eastern parts of Tigray are occupied by Eritrean and Amhara forces, despite the Pretoria Agreement. Currently, armed conflicts in Amhara in the Oromya regions are intensified, and human rights violations are being reported in both regions. Meanwhile, protests have been held by war-injured TDF members, IDPs and teachers in the Tigray region. Hence, the general objective of this project is to explore the challenges of peace-building processes in the border woredas of the Eastern Zone of the Tigray Region. Methodologically, the project will employ exploratory qualitative research designs to gather and analyze qualitative data. A purposive sampling technique will be applied to gather pertinent information from the key stakeholders. Open-ended interview questions will be prepared to gather relevant information about the challenges and perceptions of peacebuilding in the study area. Data will be analyzed using qualitative methods such as content analysis, narrative analysis and phenomenological analysis to deeply investigate the challenges of peace-building in the study woredas. Findings of this research project will be employed for program intervention to promote sustainable peace in the study area.

Keywords: peace building, conflcit and violence, political instability, insecurity

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1320 International Protection Mechanisms for Refugees

Authors: Djehich Mohamed Yousri

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In recent years, the world has witnessed a phenomenon of displacement that is unprecedented in history. The number of refugees has reached record levels, due to wars, persecution, many conflicts and repression in a number of countries. The interest of United Nations bodies and international and regional organizations in the issue of refugees has increased, as they have defined a refugee and thus Determining who is entitled to this legal protection, and the 1951 Convention for the Protection of Refugees defines rights for refugee protection and sets obligations that they must perform. The institutional mechanisms for refugee protection are represented in the various agencies that take care of refugee affairs. At the forefront of these agencies is the United Nations High Commissioner for Refugees, as well as the various efforts provided by the International Committee of the Red Cross and the United Nations Relief and Works Agency for Palestine Refugees in the Middle East (UNRWA).

Keywords: protection, refugees, international, persecution, legal

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1319 Integration Program Through Physical Education Lessons for The Influence of Some Physical Fitness Health-Related Components in Visual Handicapped Children

Authors: Said S. Almaiuof

Abstract:

Integration Program Through Physical Education Lessons for The Influence of Some Physical Fitness Health-Related Components in Visual Handicapped Children. Propose of the study: The aim of this study is to design and evaluate a program for the physical education lesson to improve the cardio-respiratory endurance, considering the lesson of physical education as one of the educational means to achieve the society aims toward health and fitness, concerning the importance of the cardio-respiratory endurance as an essential one of the physical fitness health-related components. And this program tried to give them hand of help as a part of the society having the same rights as the rest of the society. Methodology: The researcher used the experimental method as a suitable method for this study and tested its hypothesis. The subject of the research selected randomly of the two classes from primary education in TRIPOLI-LIBYA, it was 28 boys (14-15) years old, then divided into groups, experimental group, n=13, which practiced the special exercises program and control group, n=15, which only practiced the normal school program. The selected child subjected to a medical examination in order to make sure that they are healthy, and the Vo2max measured by cycle ergometry and test some physical fitness makers before and after the program. Results: The study cleared that the experimental group developed in all physical variation in comparison with the control group which has a little development in a general balance only. Results are following: 1. The experimental group was successful more than the control group in all the research variation. 2. There were some improvements in time of keeping Balance in control group only. Discussion /conclusion: According to statistical analysis of data related to the values of the variables in this study; the suggested exercise program according to development the cardio respiratory endurance (CRE), and some physical fitness more than the program which already implemented in the school was less effective, just there is developing on keep balancing. It’s statistically significant (p<0.05) after applying this program. Improving the experimental group on (CRE), balance, running, sit and reach, from the suggested exercise program of what indicate the partaking program positive in improve those physical variables, and the selected exercises may contributed in improving the (CRE) for visual impairment and its pivotal in visual impairment children’s life. A health-related physical education curriculum can provide students with substantially more physical activity during physical education classes. The results show that the physical rehabilitation program for visual impairment children helped them in developing their defects due to the injury which means that this program should be in every organization having this part of people to increase their production and give them hand of help as a part of the society having the same rights as the rest of the society and to establish the idea of sport for all.

Keywords: visual handicapped, cardio-respiratory endurance, health, ergometry, education

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1318 Evaluation of the Role of Advocacy and the Quality of Care in Reducing Health Inequalities for People with Autism, Intellectual and Developmental Disabilities at Sheffield Teaching Hospitals

Authors: Jonathan Sahu, Jill Aylott

Abstract:

Individuals with Autism, Intellectual and Developmental disabilities (AIDD) are one of the most vulnerable groups in society, hampered not only by their own limitations to understand and interact with the wider society, but also societal limitations in perception and understanding. Communication to express their needs and wishes is fundamental to enable such individuals to live and prosper in society. This research project was designed as an organisational case study, in a large secondary health care hospital within the National Health Service (NHS), to assess the quality of care provided to people with AIDD and to review the role of advocacy to reduce health inequalities in these individuals. Methods: The research methodology adopted was as an “insider researcher”. Data collection included both quantitative and qualitative data i.e. a mixed method approach. A semi-structured interview schedule was designed and used to obtain qualitative and quantitative primary data from a wide range of interdisciplinary frontline health care workers to assess their understanding and awareness of systems, processes and evidence based practice to offer a quality service to people with AIDD. Secondary data were obtained from sources within the organisation, in keeping with “Case Study” as a primary method, and organisational performance data were then compared against national benchmarking standards. Further data sources were accessed to help evaluate the effectiveness of different types of advocacy that were present in the organisation. This was gauged by measures of user and carer experience in the form of retrospective survey analysis, incidents and complaints. Results: Secondary data demonstrate near compliance of the Organisation with the current national benchmarking standard (Monitor Compliance Framework). However, primary data demonstrate poor knowledge of the Mental Capacity Act 2005, poor knowledge of organisational systems, processes and evidence based practice applied for people with AIDD. In addition there was poor knowledge and awareness of frontline health care workers of advocacy and advocacy schemes for this group. Conclusions: A significant amount of work needs to be undertaken to improve the quality of care delivered to individuals with AIDD. An operational strategy promoting the widespread dissemination of information may not be the best approach to deliver quality care and optimal patient experience and patient advocacy. In addition, a more robust set of standards, with appropriate metrics, needs to be developed to assess organisational performance which will stand the test of professional and public scrutiny.

Keywords: advocacy, autism, health inequalities, intellectual developmental disabilities, quality of care

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1317 Ethnic Relations in Social Work Education: A Study of Teachers’ Strategies and Experiences in Sweden

Authors: Helene Jacobson Pettersson, Linda Lill

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Research that combines educational science, social work and migration studies shows that ethnic relations tend to be represented from various angles and with different content. As studied here, it is found in steering documents, literature, and teaching that the construction of ethnic relations related to social work varies in education over time. The study has its actuality in changed preconditions to social work education caused by the demographic development and the on-going globalization in the Swedish society. In this presentation we will explore strategies and experiences of teaching ethnic relations at social work educations in Sweden. The purpose is to investigate the strategies that are used and what content is given to ethnic relations in the social work education. University teachers are interviewed concerning their interpretation of steering documents related to the content and how they transform this in their teaching. Even though there has been a tradition to include aspects as intercultural relations and ethnicity, the norms of the welfare state has continued to be the basis for how to conceptualize people’s way of living and social problems. Additionally, the contemporary migration situation with a large number of refugees coming to Sweden peaking in 2015, dramatically changes the conditions for social work as a practice field. Increasing economic and social tensions in Sweden, becomes a challenge for the universities to support the students to achieve theoretical and critical knowledge and skills needed to work for social change, human rights and equality in the ethnic diverse Swedish society. The study raises questions about how teachers interpret the goals of the social work programs in terms of ethnic relations. How do they transform this into teaching? How are ethnic relations in social work described and problematized in lectures, cases and examinations? The empirical material is based on interviews with teachers involved in the social work education at four Swedish universities. The interviewees were key persons in the sense that they could influence the course content, and they were drawn from different semesters of the program. In depth interviews are made on the themes; personal entrance, description and understanding of ethnic relations in social work, teachers’ conception of students understanding of ethnic relations, and the content, form and strategies for teaching used by the teachers. The analysis is thematic and inspired from narrative analysis. The results show that the subject is relatively invisible in steering documents. The interviewees have experienced changes in the teaching over time, with less focus on intercultural relations and specific cultural competence. Instead ethnic relations are treated more contextually and interacting with categories as gender, class and age. The need of theoretical and critical knowledge of migration and ethnic relations in a broad sense but also for specific professional use is emphasized.

Keywords: ethnic relations, social work education, social change, human rights, equality, ethnic diversity in Sweden

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1316 Better Together: Diverging Trajectories of Local Social Work Practice and Nationally-Regulated Social Work Education in the UK

Authors: Noel Smith

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To achieve professional registration, UK social workers need to complete a programme of education and training which meets standards set down by central government. When it comes to practice, social work in local authorities must fulfil requirements of national legislation but there is considerable local variation in the organisation and delivery of services. This presentation discusses the on-going reform of social work education by central government in the context of research of social work services in a local authority. In doing so it highlights that the ‘direction of travel’ of the national reform of social work education seems at odds with the trajectory of development of local social work services. In terms of education reform, the presentation cites key government initiatives including the knowledge and skills requirements which have been published separately for, respectively, child and family social work and adult social work. Also relevant is the Government’s new ‘teaching partnership’ pilot which focuses exclusively on social work in local government, in isolation from social work in NGOs. In terms of research, the presentation discusses two studies undertaken by Professor Smith in Suffolk County Council, a local authority in the east of England. The first is an equality impact analysis of the introduction of a new model for the delivery of adult and community services in Suffolk. This is based on qualitative research with local government representatives and NGOs involved in social work with older people and people with disabilities. The second study is an on-going, mixed method evaluation of the introduction of a new model of social care for children and young people in Suffolk. This new model is based on the international ‘Signs of Safety’ approach, which is applied in this model to a wide range of services from early intervention to child protection. While both studies are localised, the service models they examine are good illustrations of the way services are developing nationally. Analysis of these studies suggest that, if services continue to develop as they currently are, then social workers will require particular skills which are not be adequately addressed in the Government’s plans for social work education. Two issues arise. First, education reform concentrates on social work within local government while increasingly local authorities are outsourcing service provision to NGOs, expecting greater community involvement in providing care, and integrating social care with health care services. Second, education reform focuses on the different skills required for working with older and disabled adults and working with children and families, to the point where potentially the profession would be fragmented into two different classes of social worker. In contrast, the development of adult and children’s services in local authorities re-asserts the importance of common social work skills relating to personalisation, prevention and community development. The presentation highlights the importance for social work education in the UK to be forward looking, in terms of the changing design of service delivery, and outward looking, in terms of lessons to be drawn from international social work.

Keywords: adult social work, children and families social work, European social work, social work education

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1315 Implementation of European Court of Human Right Judgments and State Sovereignty

Authors: Valentina Tereshkova

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The paper shows how the relationship between international law and national sovereignty is viewed through the implementation of European Court of Human Right judgments. Methodology: Сonclusions are based on a survey of representatives of the legislative authorities and judges of the Krasnoyarsk region, the Rostov region, Sverdlovsk region and Tver region. The paper assesses the activities of the Russian Constitutional Court from 1998 to 2015 related to the establishment of the implementation mechanism and the Russian Constitutional Court judgments of 14.07.2015, № 21-P and of 19.04.2016, № 12-P where the Constitutional Court stated the impossibility of executing ECtHR judgments. I. Implementation of ECHR judgments by courts and other authorities. Despite the publication of the report of the RF Ministry of Justice on the implementation, we could not find any formal information on the Russian policy of the ECtHR judgment implementation. Using the results of the survey, the paper shows the effect of ECtHR judgments on law and legal practice in Russia. II. Implementation of ECHR judgments by Russian Constitutional Court. Russian Constitutional Court had implemented the ECtHR judgments. However, the Court determined on July, 14, 2015 its competence to consider the question of implementation of ECHR judgments. Then, it stated that the execution of the judgment [Anchugov and Gladkov case] was impossible because the Russian Constitution has the highest legal force on April, 19, 2016. Recently the CE Committee of Ministers asked Russia to provide ‘without further delay’ a compensation plan for the Yukos case. On November 11, 2016, Constitutional Court accepted a request from the Ministry of Justice to consider the possibility of execution of the ECtHR judgment in the Yukos case. Such a request has been made possible due to a lack of implementation mechanism. Conclusion: ECtHR judgments are as an effective tool to solve the structural problems of a legal system. However, Russian experts consider the ECHR as a tool of protection of individual rights. The paper shows link between the survey results and the absence of the implementation mechanism. New Article 104 par. 2 and Article 106 par. 2 of the Federal Law of the Constitutional Court are in conflict with international obligations of the Convention on the Law on Treaties 1969 and Article 46 ECHR. Nevertheless, a dialogue may be possible between Constitutional Court and the ECtHR. In its judgment [19.04.2016] the Constitutional Court determined that the general measures to ensure fairness, proportionality and differentiation of the restrictions of voting rights were possible in judicial practice. It also stated the federal legislator had the power ‘to optimize the system of Russian criminal penalties’. Despite the fact that the Constitutional Court presented the Görgülü case [Görgülü v Germany] as an example of non-execution of the ECtHR judgment, the paper proposes to draw on the experience of German Constitutional Court, which in the Görgülü case, on the one hand, stressed national sovereignty and, on the other hand, took advantage of this sovereignty, to resolve the issue in accordance with the ECHR.

Keywords: implementation of ECtHR judgments, sovereignty, supranational jurisdictions, principle of subsidiarity

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1314 Adhering to the Traditional Standard of Originality in the Era of Artificial Intelligence Copyright Protection

Authors: Xiaochen Mu

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Whether in common law countries that adhere to the "commercial copyright theory" or in civil law countries that center around "author's rights," the standards for judging originality have undergone continuous adjustments in response to the development of information technology. The adherence to originality standards does not arbitrarily dictate that all types of works be judged according to a single standard of originality, nor does it rigidly ignore the changes in creative methods and dissemination models brought about by technology. Adjustments and interpretations should be allowed based on the different forms of expression of works. Appropriate adjustments and interpretations are our response to technological advancements. However, what should be upheld are the principles and bottom lines of these adjustments and interpretations, namely the legislative intent and purpose of copyright law, which are to encourage the creation and dissemination of outstanding cultural works and to promote the flourishing of culture.

Keywords: generative artificial intelligence, originality, works, copyright

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1313 The Concept of Customary International Law. Redefining The Formation Requirements of Customary International Law Based on The Rules-And-Principles-Model of Robert Alexy

Authors: Marlene Anzenberger

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The emergence of customary international law has always been controversial. Even with the two fundamental elements of origin, longa consuetudo and opinio juris the process of origin is highly unclear. It is uncertain how much time must pass, how many subjects must act, how many actions must be taken and how strong the opinio iuris must be in order for customary international law to emerge. The most appropriate solutions are based on sliding scales. Every aspect of the emergence of customary international law is up for debate, depending on the specific circumstances. The given approach is to rationalise this process by constructing an internal line of justification for all the arguments developed in the literature and used in the external justification process. This requires defining the elements of the justification process as formal principles. Such an approach is a milestone considering the fact that formal principles are highly questioned nowadays and - if they are accepted at all - are mostly used in relation to competences. Furthermore, the application of formal principles needs to be scrutinised and extended. In the national context (eg fundamental rights), principles have so far only been able to collide. However, their optimisation character also allows for other applications, for example cooperation instead of collision. Taking these aspects into account, a rational origination scheme is to be developed that is based on Robert Alexy's weight formula. First, one has to examine the individual components of the two fundamental elements of emergence and establish whether these are all-or-nothing requirements (rules) or partially fulfillable parameters (principles) and to what extent the gradually fulfillable parameters are definitely of necessity in every case. Second, one has to look at the previous research on formal principles, which is based in particular on Matthias Klatt's theory stating that formal principles are equivalent to competences and occur only in this context. However, the outcome of the paper will not merely show that this identity theory is too narrowly conceived, but that the application of principles to date only represents a partial area of their possible applications. The context of fundamental rights review has suggested to representatives such as Robert Alexy that it is purely the nature of principles to collide with each other and that the task of the practitioner is purely to resolve this collision by means of a proportionality test. However, the application of the development process of customary international law shows that a complementary application of principles is equally possible. The highly praised optimisation requirement is merely attributable to the specific circumstances and is rather based on a general optimisation possibility.The result is twofold. On one side, it is an internal justification scheme that rationalises the development process of customary international law in the sense of an internal justification, whereby a cooperation behaviour between the sub-parameters within the development elements is to be depicted. On the other side, it is a fully developed test to identify the emergence of customary international law in practice.

Keywords: balancing, consuetudo, customary international law, formal principles, opinio iuris, proportionality, weight formula

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1312 Assessment of Food Safety Culture in Select Restaurants and a Produce Market in Doha, Qatar

Authors: Ipek Goktepe, Israa Elnemr, Hammad Asim, Hao Feng, Mosbah Kushad, Hee Park, Sheikha Alzeyara, Mohammad Alhajri

Abstract:

Food safety management in Qatar is under the shared oversight of multiple agencies in two government ministries (Ministry of Public Health and Ministry of Municipality and Environment). Despite the increasing number and diversity of the food service establishments, no systematic food surveillance system is in place in the country, which creates a gap in terms of determining the food safety attitudes and practices applied in the food service operations. Therefore, this study seeks to partially address this gap through determination of food safety knowledge among food handlers, specifically with respect to food preparation and handling practices, and sanitation methods applied in food service providers (FSPs) and a major market in Doha, Qatar. The study covered a sample of 53 FSPs randomly selected out of 200 FSPs. Face-to-face interviews with managers at participating FSPs were conducted using a 40-questions survey. Additionally, 120 produce handlers who are in direct contact with fresh produce at the major produce market in Doha were surveyed using a questionnaire containing 21 questions. A written informed consent was obtained from each survey participant. The survey data were analyzed using the chi-square test and correlation test. The significance was evaluated at p ˂ 0.05. The results from the FSPs surveys indicated that the average age of FSPs was 11 years, with the oldest and newest being established in 1982 and 2015, respectively. Most managers (66%) had college degree and 68% of them were trained on the food safety management system known as HACCP. These surveys revealed that FSP managers’ training and education level were highly correlated with the probability of their employees receiving food safety training while managers with lower education level had no formal training on food safety for themselves nor for their employees. Casual sit-in and fine dine-in restaurants consistently kept records (100%), followed by fast food (36%), and catering establishments (14%). The produce handlers’ survey results showed that none of the workers had any training on safe produce handling practices. The majority of the workers were in the age range of 31-40 years (37%) and only 38% of them had high-school degree. Over 64% of produce handlers claimed to wash their hands 4-5 times per day but field observations pointed limited handwashing as there was soap in the settings. This observation suggests potential food safety risks since a significant correlation (p ˂ 0.01) between the educational level and the hand-washing practices was determined. This assessment on food safety culture through determination of food and produce handlers' level of knowledge and practices, the first of its kind in Qatar, demonstrated that training and education are important factors which directly impact the food safety culture in FSPs and produce markets. These findings should help in identifying the need for on-site training of food handlers for effective food safety practices in food establishments in Qatar.

Keywords: food safety, food safety culture, food service providers, food handlers

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1311 Repeated Suicidal Attempts in Foster Teenagers: Breaking the Cycle Using a Stepped Care Approach

Authors: Mathilde Blondon, Salla Aicha Dieng, Catherine Pfister

Abstract:

In a paradoxical way, teenagers nowadays seem to use suicidal attempts to elaborate on their trauma abuses and regain some kind of control in their lives. As their behavior becomes life-threatening, the hospital offers a variety of expertise to address their need, with Child Protective Services also joining in, to a point when teenagers could have a feeling of losing control of their lives, which results in them making more suicidal attempts. Our goal here is to walk with these foster teenagers long enough to step therapy up first, then as their mental health is restored enough to step the therapy down in a way that is secure and will give them their life back. This would prevent them from making suicidal attempts to get a feeling of control over their life. We’ll present a clinical case of a 14-year-old girl named Sofia, who was suffering from parental deprivation, an identity disorder, and severe depression disorder. Our intervention took place in January 2024, after Sofia had undergone four hospitalizations, including a two-month period in a specialized clinic. In a stepping-up effort, a substantial setting has been built around Sofia. She was coming three days a week to therapeutic activities at the Child Psychiatry Day Hospital, she had one psychotherapy session a week at the Medical-Psychological Center, and she was meeting with the Adolescent Psychiatrist on a regular basis. However, her suicidal attempts frequency continued to increase to the point when she couldn’t stay more than four days outside the hospital unit without harming herself and being brought back to the Emergency Unit. We were all stuck in some kind of medical deadlock, writing to clinics that had no room for her while social workers were calling foster homes that wouldn’t even accept her either. At some point, a clinical decision was made by the psychiatrist to stop what appeared to be a global movement of traumatic repetition, which involved Sofia’s family, the medical team and the social workers as one. This decision to step therapy down created a surprise and put an end to the cycle. It provided a new path, a new solution where Sofia could securely settle without being unfaithful to her family. Her suicidal attempts stopped for four weeks. She had one relapse, then didn’t make another attempt so far. There is a fine line between too little and too much, a pathway with the right amount of care and support. We believe it is not a steady line but rather a path up and down the hill. It’s about building up this moment when medication and mental processes have improved the subject’s condition enough to allow the medical team to step therapy down and give more control back to the subject. These needed variations used to come from a change of hospital or medical team. Stepped care avoids any breaking of bonds and appears to be decisive in stopping teenagers’ suicidal attempts.

Keywords: child protection, adolescent psychiatry, teenager suicidal attempt, foster teenagers, parental deprivation, stepped care

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1310 Kidnapping of Migrants by Drug Cartels in Mexico as a New Trend in Contemporary Slavery

Authors: Itze Coronel Salomon

Abstract:

The rise of organized crime and violence related to drug cartels in Mexico has created serious challenges for the authorities to provide security to those who live within its borders. However, to achieve a significant improvement in security is absolute respect for fundamental human rights by the authorities. Irregular migrants in Mexico are at serious risk of abuse. Research by Amnesty International as well as reports of the NHRC (National Human Rights) in Mexico, have indicated the major humanitarian crisis faced by thousands of migrants traveling in the shadows. However, the true extent of the problem remains invisible to the general population. The fact that federal and state governments leave no proper record of abuse and do not publish reliable data contributes to ignorance and misinformation, often spread by the media that portray migrants as the source of crime rather than their victims. Discrimination and intolerance against irregular migrants can generate greater hostility and exclusion. According to the modus operandi that has been recorded criminal organizations and criminal groups linked to drug trafficking structures deprive migrants of their liberty for forced labor and illegal activities related to drug trafficking, even some have been kidnapped for be trained as murderers . If the victim or their family cannot pay the ransom, the kidnapped person may suffer torture, mutilation and amputation of limbs or death. Migrant women are victims of sexual abuse during her abduction as well. In 2011, at least 177 bodies were identified in the largest mass grave found in Mexico, located in the town of San Fernando, in the border state of Tamaulipas, most of the victims were killed by blunt instruments, and most seemed to be immigrants and travelers passing through the country. With dozens of small graves discovered in northern Mexico, this may suggest a change in tactics between organized crime groups to the different means of obtaining revenue and reduce murder profile methods. Competition and conflict over territorial control drug trafficking can provide strong incentives for organized crime groups send signals of violence to the authorities and rival groups. However, as some Mexican organized crime groups are increasingly looking to take advantage of income and vulnerable groups, such as Central American migrants seem less interested in advertising his work to authorities and others, and more interested in evading detection and confrontation. This paper pretends to analyze the introduction of this new trend of kidnapping migrants for forced labors by drug cartels in Mexico into the forms of contemporary slavery and its implications.

Keywords: international law, migration, transnational organized crime

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1309 Understanding Psychological Distress and Protection Issues among Children Associated with Armed Groups

Authors: Grace Onubedo

Abstract:

The primary objective of this research study is to contribute to and deepen the understanding of the realities and conditions for which children recruited by violent extremist organisations in Nigeria live, as well as ascertain the state of their mental health following their reunification with either family or protection workers. The research is intended to contribute to a more focused child protection programming agenda for children associated with armed forces and groups in Nigeria and the wider conflict setting. The extent to which violence has affected the psychological well-being and mental health of children abducted and exposed to activities of Violent Extremist groups remains a largely empirical question. This research attempts to answer the following research questions with the aim of providing further evidences for informed programming: I. What are the demographic characteristics of children associated with armed groups? II. What is the state of their mental health? III. What is the relationship between their background and their mental health?

Keywords: counterterrorism, psychosocial support, psychological distress, children, armed groups

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1308 Looking Elsewhere for Job: Relationship between Procedural Justice and Survivors’ Turnover Intent in Consolidated Nigeria Banks

Authors: Fasanmi Samuel Sunday

Abstract:

The study examines the relationship between procedural justice and turnover intent among survivors in a consolidated Nigeria bank. Opinions of eight hundred and eighty five staff of First City Monumental Bank and Finbank who survived the consolidated process were conveniently sampled using battery of tests. Two hypotheses were tested for this study. Results revealed that procedural justice and demographic variables (sex, age, previous banking job experience, and year of work experience) were significantly, independently and jointly influence turnover intent among survivors in consolidated banks in Nigeria. Also, there was a significant relationship between procedural justice and turnover intent among survivors in a consolidated bank in Nigeria. It was recommended that if the workers perceived the process of downsizing to be fair, they tend to reason with their management and coast along with the process rather than increasing in their turnover intent which will eventually drastically reduce the profitability matrix which the banks desired so desperately.

Keywords: bankers, procedural justice, sex, turnover intent

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1307 The Impact of Job Meaningfulness on the Relationships between Job Autonomy, Supportive Organizational Climate, and Job Satisfaction

Authors: Sashank Nyapati, Laura Lorente-Prieto, Maria Peiro

Abstract:

The general objective of this study is to analyse the mediating role of meaningfulness in the relationships between job autonomy and job satisfaction and supportive organizational climate and job satisfaction. Theories such as the Job Characteristics Model, Conservation of Resources theory, as well as the Job Demands-Resources theory were used as theoretical framework. Data was obtained from the 5th European Working Conditions Survey (EWCS), and sample was composed of 1005 and 1000 workers from Spain and Portugal respectively. The analysis was conducted using the SOBEL Macro for SPSS (A multiple regression mediation model) developed by Preacher and Hayes in 2003. Results indicated that Meaningfulness partially mediates both the Job Autonomy-Job Satisfaction as well as the Supportive Organizational Climate-Job Satisfaction relationships. However, the percentages are large enough to draw substantial conclusions, especially that Job Meaningfulness plays an essential – if indirect – role in the amount of Satisfaction that one experiences at work. Some theoretical and practical implications are discussed.

Keywords: meaningfulness, job autonomy, supportive organizational climate, job satisfaction

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1306 Global Collaboration During Global Crisis a Response to Rigorous Field Education in Social Work

Authors: Ruth Gerritsen-McKane, Mimi Sodhi, Lisa Gray, Donette Considine, Henry Kronner, Tameca Harris-Jackson

Abstract:

During these extraordinary times amid a global pandemic, political/civil unrest, and natural disasters, the need for appropriately trained professional social workers has never been stronger. Needs do not diminish but are heightened during such remarkable times. All too often, “developed” countries see the crisis in developing countries as uniquely theirs; 2020 has shown, there are no “others”; there is only us. Consequently, engaging in meaningful collaboration worldwide is essential! This presentation speaks to the fundamentals of global collaboration and, more importantly, how an in these trying times, the development of strong international partnerships can create opportunities for social work students across the planet to engage in meaningful field education opportunities. Accomplished by multiple modalities, a deeper understanding and response to social work students becoming formidable global citizens can be achieved.

Keywords: global citizens, global crisis, global collaboration, modalities

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1305 Legal Rights of Parents of Justice-Involved Youth in the United Arab Emirates

Authors: Yusra Ibrahim

Abstract:

Parental involvement in their children’s education and behavioral modification is important. This article provides a policy analysis that describes laws and public education regulations concerning justice-involved youth and youth at risk of delinquency in the United Arab Emirates. The article aims to clarify the UAE laws for parents and guardians regarding their involvement in addressing school violations and crimes committed by their children, particularly those with emotional and behavioral disorders, youths at risk for delinquency, and justice-involved youths. The article concludes with implications for parents, policymakers, and educators and suggests ways to improve services and support for these parents and their youth.

Keywords: justice-involved youth, parents, incarceration, incarcerated youth, United Arab Emirates.

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1304 Combating the Practice of Open Defecation through Appropriate Communication Strategies in Rural India

Authors: Santiagomani Alex Parimalam

Abstract:

Lack of awareness on the consequences of open defecation and myths and misconceptions related to use of toilets have led to the continued practice of open defecation in India. Government of India initiated a multi-pronged intensive communication campaign against the practice of open defecation in the last few years. The primary vision of this communication campaign was to provide increased demand for toilets and to ensure that all have access to safe sanitation. The campaign strategy included the use of mass media, group and folk media, and interpersonal communication to expedite achieving its objectives. The campaign included the use of various media such as posters, wall writings, slides in cinema theatres, kiosks, pamphlets, newsletters, flip charts and folk media to bring behavioural changes in the communities. The author did a concurrent monitoring and process documentation of the campaigns initiated by the state of Tamilnandu, India between 2013 and 2016 commissioned by UNICEF India. The study was carried out to assess the effectiveness of the communication campaigns in combating the practice of open defecation and promote construction of toilets in the state of Tamilnadu, India. Initial findings revealed the gap in understanding the audience and the use of appropriate media. The first phase of the communication campaign by name as Chi Chi Chollapa (bringing shame concept) also revealed that use of interpersonal communication, group and community media were the most effective strategy in reaching the rural masses. The failure of various other media used especially the print media (poster, handbills, newsletter, kiosks) provides insights as to where the government needs to invest its resources in bringing health-seeking behaviour in the community. The findings shared with the government enabled to strengthen the campaign resulting in improved response. Taking cues from the study, the government understood the potency of the women, school children, youth and community leaders as the effective carriers of the message. The government narrowed down its focus and invested on the voluntary workers (village poverty reduction committee workers VPRCs) in the community. The effectiveness of interpersonal communication and peer education by the credible community worker threw light on the need for localising the content and communicator. From this study, we could derive that only community and group media are preferred by the people in the rural community. Children, youth, women, and credible local leaders are proved to be ambassadors in behaviour change communication. This study discloses the lacunae involved in the communication campaign and points out that the state should have carried out a proper communication need analysis and piloting. The study used a survey method with random sampling. The study used both quantitative and qualitative tools such as interview schedules, in-depth interviews, and focus group discussions in rural areas of Tamilnadu in phases. The findings of the study would provide directions to future campaigns to any campaign concerning health and rural development.

Keywords: appropriate, communication, combating, open defecation

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1303 Channels Splitting Strategy for Optical Local Area Networks of Passive Star Topology

Authors: Peristera Baziana

Abstract:

In this paper, we present a network configuration for a WDM LANs of passive star topology that assume that the set of data WDM channels is split into two separate sets of channels, with different access rights over them. Especially, a synchronous transmission WDMA access algorithm is adopted in order to increase the probability of successful transmission over the data channels and consequently to reduce the probability of data packets transmission cancellation in order to avoid the data channels collisions. Thus, a control pre-transmission access scheme is followed over a separate control channel. An analytical Markovian model is studied and the average throughput is mathematically derived. The performance is studied for several numbers of data channels and various values of control phase duration.

Keywords: access algorithm, channels division, collisions avoidance, wavelength division multiplexing

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1302 The Economic Impact of State Paid Family Leave and Medical Acts on Working Families with Old and Disabled Adults

Authors: Ngoc Dao

Abstract:

State Paid Leave Programs (PFL) complement the Federal Family and Medical Leave Act (FMLA) by offering workers time off to take care of their newborns or sick family members with supplemental income, and further job protection. Up to date, four states (California, New Jersey, Rhode Island, and New York) implemented paid leave policies. This study adds further understanding of how state PFL policies help working families with elder parents improve their work balance by examining the paid leave policies on labor outcomes. Early findings suggest State Paid Leave Policies reduced the likelihood to exit the labor market by 1.6 percentage points, with larger effects among paid leave policies with job protection feature. In addition, the results imply job protection in paid leave policies matters in helping employed caregivers attach to the labor market.

Keywords: family paid leave, working caregivers, employment, social welfare

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1301 Involving Children in Creating a Healthy Environment in Low Socioeconomic Position (SEP) Neighborhoods in the Netherlands: A Participatory Action Research (PAR) Project.

Authors: Lisa Wilderink, Ingrid Bakker, Albertine J. Schuit, Jacob C. Seidell, Carry M. Renders

Abstract:

To ensure that health behavior interventions for children living in low socioeconomic position (SEP) neighborhoods are in line with children’s wishes and needs, participation of the children in the development, implementation, and evaluation is crucial. In this paper, we show how children living in three low-SEP neighborhoods in the Netherlands can be involved in Participatory Action Research (PAR) and what influences this participation process. The Photovoice method was used and provided comprehensive information from the children’s perspectives. With the help of the community workers, the children identified feasible actions. This paper shows that it is possible to involve children from low SEP neighborhoods in a meaningful way. We found that it is important to constantly discuss the process with participants, start with a concrete question or problem and adapt the project to the local context and skills of participants

Keywords: children, healthy behavior, participatory action research, socioeconomic health inequalities

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1300 The Dialectic of Law and Politics for George Friedrich Wilhelm Hegel

Authors: Djehich Mohamed Yousri

Abstract:

This paper aims to address the dialectic of law and politics in the philosophy of the state of the philosopher Hegel by addressing the concept of law, which refers to its general meaning to the set of rules and legislation that man sets to apply them within society, as it is considered one of the primary and necessary conditions for the functioning of And organizing social life, when it defines the rights and duties of every individual belonging to the state, by approaching it with central concepts in political philosophy, such as the state, freedom and the people. The most prominent result that we reached through our analysis of the details of the problematic research is the relationship between law and politics in the philosophical system of Hegel; on the one hand, We find that the state is rational only to the extent that it resorts to the law and works under it, and the latter does not realize its essence and effectiveness unless it is extracted from the customs, traditions, and culture of the people so that it does not conflict with the ideal goal of its existence, which is to achieve freedom and protect it from all possible. A state does not mean at all to reduce the freedom of the people, so there is no conflict between law and freedom.

Keywords: hegel, the law, country, freedom, citizen

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