Search results for: legal origin

Authors: Sudir Silwal, Surendra KC

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Nepalese legal system was derived from Hindu sacred before the democratic movement in 1990. Before this movement, Nepal had a patrimonial system. Nepal has ratified the UN Convention on the Elimination of all forms of Discrimination Against Women (CEDAW). Women organizations of the various political parties, different social organizations and women activists are playing the significant role to empower the women through the social awareness campaign across the country. As a result, 33% women representation in the local government has ascertained by the current constitution. The Constitution of Nepal-2015 has mentioned the rights of women as a fundamental right and it also has provisioned the National Women Commission as the constitutional body. This constitution is the model of gender friendly constitution in the world. As per this constitution, the Citizenship certificate is issued based on the lineage of the mother or father along with gender identity. The current constitution has guaranteed 33% women participation in judiciary, bureaucracy and legislation. This constitution further states that the parliament must elect a woman either as the president or the vice president. Similarly same rule is applied to elect the speaker and the deputy speaker in the parliament. In the same constitution, rights of the third gender also has guaranteed. The guiding principles of the constitution further explain that the constitution has followed the rule of positive discrimination and proportional representation of women in all elements of the state. This study shows that the state is not only focused in the representation of women in all structure of the nation but also need to emphasize the enhancement of the capability of the women to make them equal to the men.

Keywords: constitution, empowerment, representation, women's rights

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Authors: Amy Elkington

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Women in abusive relationships who commit crimes under duress are unfairly treated by the English legal system. Despite the offence of Coercive Control being introduced in 2015 that recognises that a woman’s autonomy has been eroded, coercion is no longer a defence to women who feel compelled to act due to their partner’s behavior or abuse. This problem is intensified by the fact that women in abusive relationships are more likely to commit crimes to ensure their survival. Furthermore, the very fact that they are ‘associating’ with their abusive partners means that they are excluded from pleading a defence of duress. Women who kill their abusers may be able to reduce their conviction from murder to manslaughter, but this depends on successfully pleading either loss of control or diminished responsibility, both not without their issues, but this does not provide a defence where a lesser crime is committed. Self-defence is also widely unavailable to either murder or non-fatal offences, as the amount of force used is often deemed disproportionate because women are more likely to use weapons in their defence. Regardless, this would not provide a defence where the crime committed is one such as theft. An alternative that has been proposed would be to introduce a new defence that would work similarly to the exemption to prosecution afforded to those who are trafficked that commit crime under duress. Despite having support in the Lords in March 2021, this recommendation has been rejected by the Government on the basis that it would not achieve an appropriate balance of justice. The result is that abused women who commit crime are left without an appropriate defence. A doctrinal approach highlights the injustices in these types of cases and concludes that it is time for the current law of duress to change.

Keywords: coercive control, crime, defences, duress

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Authors: O. Delage, H. Bencherif, T. Portafaix, A. Bourdier

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The main purpose of time series analysis is to learn about the dynamics behind some time ordered measurement data. Two approaches are used in the literature to get a better knowledge of the dynamics contained in observation data sequences. The first of these approaches concerns time series decomposition, which is an important analysis step allowing patterns and behaviors to be extracted as components providing insight into the mechanisms producing the time series. As in many cases, time series are short, noisy, and non-stationary. To provide components which are physically meaningful, methods such as Empirical Mode Decomposition (EMD), Empirical Wavelet Transform (EWT) or, more recently, Empirical Adaptive Wavelet Decomposition (EAWD) have been proposed. The second approach is to reconstruct the dynamics underlying the time series as a trajectory in state space by mapping a time series into a set of Rᵐ lag vectors by using the method of delays (MOD). Takens has proved that the trajectory obtained with the MOD technic is equivalent to the trajectory representing the dynamics behind the original time series. This work introduces the singular spectrum decomposition (SSD), which is a new adaptive method for decomposing non-linear and non-stationary time series in narrow-banded components. This method takes its origin from singular spectrum analysis (SSA), a nonparametric spectral estimation method used for the analysis and prediction of time series. As the first step of SSD is to constitute a trajectory matrix by embedding a one-dimensional time series into a set of lagged vectors, SSD can also be seen as a reconstruction method like MOD. We will first give a brief overview of the existing decomposition methods (EMD-EWT-EAWD). The SSD method will then be described in detail and applied to experimental time series of observations resulting from total columns of ozone measurements. The results obtained will be compared with those provided by the previously mentioned decomposition methods. We will also compare the reconstruction qualities of the observed dynamics obtained from the SSD and MOD methods.

Keywords: time series analysis, adaptive time series decomposition, wavelet, phase space reconstruction, singular spectrum analysis

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Authors: Rosanna Tramutoli

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Studies on several languages have demonstrated how different emotions are categorized in various linguistic constructions. It exists in several writings on the codification of emotions in Western African languages. A recent study on the semantic description of Swahili body terminology has demonstrated that body part terms, such as moyo (heart), uso (face) and jicho (eye) are involved in several metaphorical expressions describing emotions. However, so far hardly anything has been written on the linguistic description of emotions in Swahili. Thus, this study describes how emotional concepts, such as ‘love’ and ‘anger’ are codified in Swahili, in order to highlight common semantic and syntactic patterns, etymological sources and metaphorical expressions. The research seeks to answer a number of questions, such as which are the Swahili terms for ‘emotions’? Is there a distinction between ‘emotions’ and ‘feelings’? Which emotional lexical items have Bantu origin and which come from Arabic? Which metaphorical expressions/cognitive schemas are used to codify emotions? (e.g. kumpanda mtu kichwani, lit. ‘to climb on somebody’s head’, to make somebody feel angry, kushuka moyo, lit. ‘to be down the heart’, to feel discouraged, kumpa mtu moyo lit. ‘to give someone heart’, to encourage someone). Which body terms are involved as ‘containers/locus of emotions’? For instance, it has been shown that moyo (‘heart’) occurs as container of ‘love’ (e.g. kumtia mtu moyoni, lit. ‘to put somebody in the heart’, to love somebody very much) and ‘kindness’ (moyo wake ulijaa hisani, ‘his heart was filled with kindness’). The study also takes into account the syntactic patterns used to code emotions. For instance, when does the experiencer occur in subject position? (e.g. nina furaha, nimefurahi, ‘I am happy’) and when in object position (e.g. Huruma iliniingia moyoni, lit. ‘Pity entered me inside my heart’, ‘I felt pity’)? Data have been collected mostly through the analysis of Swahili digital corpora, containing different kinds of Swahili texts (e.g. novels, drama, political essays).

Keywords: emotions, cognitive linguistics, metaphors, Swahili

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Authors: Fiona S. Motswaiso, Kengo Nakamura, Takeshi Komai

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Heavy metals may occur naturally in rocks and soils, but elevated quantities of them are being gradually released into the environment by anthropogenic activities such as mining. In order to address issues of heavy metal water and soil pollution, a distinction needs to be made between natural and anthropogenic anomalies. The current study aims at characterizing the spatial distribution of trace elements and evaluate site-specific geochemical background concentrations of trace elements in the mine soils examined, and also to discriminate between lithogenic and anthropogenic sources of enrichment around a copper-nickel mining town in Selibe-Phikwe, Botswana. A total of 20 Soil samples, 11 river sediment, and 9 river water samples were collected from an area of 625m² within the precincts of the mine and the smelter. The concentrations of metals (Cu, Ni, Pb, Zn, Cr, Ni, Mn, As, Pb, and Co) were determined by using an ICP-MS after digestion with aqua regia. Major elements were also determined using ED-XRF. Water pH and EC were measured on site and recorded while soil pH and EC were also determined in the laboratory after performing water elution tests. The highest Cu and Ni concentrations in soil are 593mg/kg and 453mg/kg respectively, which is 3 times higher than the crustal composition values and 2 times higher than the South African minimum allowable levels of heavy metals in soils. The level of copper contamination was higher than that of nickel and other contaminants. Water pH levels ranged from basic (9) to very acidic (3) in areas closer to the mine/smelter. There is high variation in heavy metal concentration, eg. Cu suggesting that some sites depict regional natural background concentrations while other depict anthropogenic sources.

Keywords: contamination, geochemical baseline, heavy metals, soils

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Authors: Muñiz-Lino Marcos A.

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The ectomesenchymal tissues involved in tooth development and their remnants are the origin of different odontogenic lesions, including tumors and cysts of the jaws, with a wide range of clinical behaviors. A dentigerous cyst (DC) represents approximately 20% of all cases of odontogenic cysts, and it has been demonstrated that it can develop benign and malignant odontogenic tumors. DC is characterized by bone destruction of the area surrounding the crown of a tooth that has not erupted and contains liquid. The treatment of odontogenic tumors and cysts usually involves a partial or total removal of the jaw, causing important secondary co-morbidities. However, molecules implicated in DC pathogenesis, as well as in its development into odontogenic tumors, remain unknown. A cellular model may be useful to study these molecules, but that model has not been established yet. Here, we reported the establishment of a cell culture derived from a dentigerous cyst. This cell line was named DeCy-1. In spite of its ectomesenchymal morphology, DeCy-1 cells express epithelial markers such as cytokeratins 5, 6, and 8. Furthermore, these cells express the ODAM protein, which is present in odontogenesis and in dental follicles, indicating that DeCy-1 cells are derived from odontogenic epithelium. Analysis by electron microscopy of this cell line showed that it has a high vesicular activity, suggesting that DeCy-1 could secrete molecules that may be involved in DC pathogenesis. Thus, secreted proteins were analyzed by PAGE-SDS where we observed approximately 11 bands. In addition, the capacity of these secretions to degrade proteins was analyzed by gelatin substrate zymography. A degradation band of about 62 kDa was found in these assays. Western blot assays suggested that the matrix metalloproteinase 2 (MMP-2) is responsible for this protease activity. Thus, our results indicate that the establishment of a cell line derived from DC is a useful in vitro model to study the biology of this odontogenic lesion and its participation in the development of odontogenic tumors.

Keywords: dentigerous cyst, ameloblastoma, MMP-2, odontogenic tumors

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Authors: Kopila Shrestha

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Adolescent sexual reproductive health is one of the most important issues in the world. Reproductive ability is taking place at an earlier age and adolescents are indulging in risk taking behaviors day by day. A descriptive cross-sectional study was conducted in Kathmandu valley to assess the knowledge regarding sexual and reproductive health among adolescent. Total of 200 respondents were selected through non-probability convenient sampling technique. Self-administered written questionnaires using semi-structured questions were used. The collected data were analyzed by using descriptive statistics such as frequency, percentage, mean, standard deviation and inferential statistics such as Chi-square test. The findings revealed that most of the respondents had adequate knowledge regarding transmission and protection of HIV/AIDs and STIs but still some respondents had a misconception regarding it. Few respondents had knowledge regarding legal age for marriage and the minimum age for first child bearing. The statistical analysis revealed that the total mean knowledge score with standard deviation was 45.02±8.674. Nearly half of the respondents (49.5%) had a moderate level of knowledge, followed by an inadequate level of knowledge 29.5% and adequate level of knowledge 21.0% regarding sexual and reproductive health. There was significant association of level of knowledge with area of residence (p-value .002) but no association with age (p-value .067), sex (p-value .999), religion (p-value .082) and ethnicity (p-value .114). Nearly half of the participants possess some knowledge about sexual and reproductive health but still effective educational intervention is required in higher secondary school to encourage more sensible and healthy behaviour.

Keywords: adolescents, higher secondary school, knowledge, sexual and reproductive health

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Authors: Mira Ezora Zainal Abidin, Siti Fauzuna Othman, Zalina Harun, M. Hafiz M. Pikri

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In a fire incident involving a Nitrogen storage tank that over-pressured and exploded, resulting in a fire in one of the units in a refinery, lack of data and evidence hampered the investigation to determine the root cause. Instrumentation and fittings were destroyed in the fire. To make it worst, this incident occurred during the COVID-19 pandemic, making collecting and testing evidence delayed. In addition to that, the storage tank belonged to a third-party company which requires legal agreement prior to the refinery getting approval to test the remains. Despite all that, the investigation had to be carried out with stakeholders demanding answers. The investigation team had to devise alternative means to support whatever little evidence came out as the most probable root cause. International standards, practices, and previous incidents on similar tanks were referred. To narrow down to just one root cause from 8 possible causes, transient simulations were conducted to simulate the overpressure scenarios to prove and eliminate the other causes, leaving one root cause. This paper shares the methodology used and details how transient simulations were applied to help solve this. The experience and lessons learned gained from the event investigation and from numerous case studies via transient analysis in finding the root cause of the accident leads to the formulation of future mitigations and design modifications aiming at preventing such incidents or at least minimize the consequences from the fire incident.

Keywords: fire, transient, simulation, relief

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Authors: Mohammed Isah Shehu

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This paper examined the context of globalization and Islam and accommodation or containment of one by the other. The paper is born out of the misconception and misunderstanding among many people that globalization is purely Western, anti-Islam and that Islam, globalization and Islam are diametrically opposed as such have no places for accommodating each other. The study used secondary sources to gather data. The study found that from its origin, Islam is in the whole context, a globalized religion and the contemporary globalization is already contained by Islam; that while contemporary globalization is centered on Western world, values and preferences (Western civilization, information and communication technology, free markets, trade and investments); some of the major foundation works that are aiding globalization were originally handiworks of past great Muslims (Islamic civilizations, Order of Algebra, tools of Navigation, Calligraphy, Medicine, Astronomy et cetera) whose major values are not Islamic; with globalization the Muslims have greater opportunities of spreading of Islam and practicing it in a most conducive atmosphere, easy and fast linkage with their fellow Muslim brothers wherever they may be; easier and freer world of trade and have the best opportunities to most things. The study however observed that Western contemporary globalization poses threats to religions such as those of globalization of immorality, injustice, trade with anti-Islamic terms and conditions, internationalized crime et cetera. Muslims would have to avoid or be cautious of many things for Islam is a complete religion that has what is forbidden and allowed (halaal and haramm) based on principles of (Shariah, justice to all, humanity and compassion, obedience to and seeking Allah’s pleasure); to Muslims, Contemporary globalization has to be in conformity with original provisions of Islam. The study recommended that Muslims must rise up in seeking knowledge on Islam and all other fields, further intellectual explorations of works by Muslim scholars/thinkers so that any advancement in globalization would be properly domesticated within Islam for the Muslims to make optimum use of any advancement to the benefit of Islam.

Keywords: accommodation, containment, Islam, globalization

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Authors: Shaojun Zheng, Lei Xu, Yunzi Wang

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The main purpose of the research is to use the cultural ecology to analyze the renewal of Shenzhen urban village in the process of China's urbanization and to evaluate and guide the renewal, which will combine the society value and economic efficiency and activate urban villages. The urban village has a long history. There are also many old buildings, various residents, and a strong connection with the surrounding environment. Cultural ecology, which uses the knowledge of ecology to study culture, provides us a cultural perspective in the renewal. We take Hubei village in Shenzhen as our example. By using cultural ecology, we find a new way dealing with the relationship between culture and other factors. It helps us to give the buildings and space the culture meanings from different scales. It enables us to find a unique development pattern of urban village. After analyzing several famous cultural blocks cases, we find it is possible to connect the unique culture of urban village with the renovation of its buildings, community, and commerce. We propose the following strategies with specific target: 1. Building renovation: We repair and rebuild the origin buildings as little as possible, and retain the original urban space tissue as much as possible to keep the original sense of place and the cultural atmosphere. 2. Community upgrade: We reshape the village stream, fix the original function, add event which will activate people to complete the existing cultural circle 3. District commerce: We implant food and drink district, boutique commercial, and creative industries, to make full use of the historical atmosphere of the site to enhance the culture feelings For the renewal of a seemingly chaotic mixed urban village, it is important to break out from the conventional practices of building shopping malls or residential towers. Without creating those building landmarks, cultural ecology activates the urban village by exploiting its unique culture, which makes the old and new combine and becomes a new stream of energy, forming the new cultural, commercial and stylish landmark of the city.

Keywords: cultural ecology, urban village, renewal, combination

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Authors: Norah Salem Al Mosa

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This paper critically examines the ethical position of academic scholarship concerning "women in leadership" in Saudi Arabia, focusing on the context of the Saudi Vision 2030 initiative. While this vision places a strong emphasis on empowering women and increasing their presence in the workforce, women still face significant cultural, organisational, and personal barriers to leadership roles. The existing literature highlights the challenges Saudi women encounter, including the male guardianship system, and international perspectives add complexity to the issue. The debate among scholars about considering cultural context versus highlighting ongoing challenges is explored. The paper underscores that despite efforts to enhance women's representation in leadership positions, progress has been slow due to cultural norms, the absence of legal quotas, and limited access to education and professional development. It raises questions about the seriousness of research efforts and the government's commitment to gender equality in leadership roles, emphasising the need for increased academic scrutiny in this area. Ultimately, the paper aims to enhance understanding of the challenges and opportunities for women in leadership roles, their contributions to corporate governance in Saudi Arabia, and potential implications beyond its borders.

Keywords: female directors, gender diversity, women on executive positions, Saudi vision 2030

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Authors: M. A. Abdelfattah, F. K. Waleed

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Anticoccidials were utilized widely in veterinary practice for the avoidance of coccidiosis in poultry and assume a huge job as development promotants in ruminants. Ionophore harming is every now and again happens because of accidental access to medicated feed, errors in feed mixing, incorrect dosage calculation or misuse in non-recommended species. Camels on several farms in Eastern area of Saudi Arabia were accidently fed with a feed pellet containing 13 ppm salinomycin. One hundred and sixty-three camels died with mortality rate of 100%. The poisoning was clinically characterized by restlessness with tail lift to the top, jerk in the muscles of legs and thighs, excessive sweating, frequent setting and standing with body imbalance, lateral and sternal recumbences with the legs stretched back, eye tears with dilated pupil, vomiting of the stomach content, loss of consciousness and death of some of them. Feed analysis indicated the presence of salinomycin in pelleted feed in a range of 13 mg/kg-47 mg/kg. Necropsy findings and histopathological examinations were presented. Regulations and legal implications concerning with sale of contaminated feed in Saudi market are discussed in the light of feed law and by-law. The necessity for an effective implication of regulation concerning application of quality assurance systems based on the principles of Good Manufacturing Practice (GMP) and the application of Hazard Analysis of Critical Control Point (HACCP) during feed production is necessary to avoid feed accident.

Keywords: medicated feed, salinomycin, anticoccidial, camel, toxicity

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Authors: Karun K. Karki

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Globalization has intensified the transnational movement of people, mainly from the Global South to the Global North. In this context of transnationalism, migration is framed within the national interests required for economic prosperity. More specifically, the competition for the ‘best and the brightest of highly educated immigrants from around the world can be perceived as evidence that countries in the North are competing in the knowledge-based global economy. Canada is not an exception. Since the early 1970s, Canada has successfully admitted, on average, 200,000 to 280,000 immigrants annually for permanent residency, primarily for economic development, family reunification and humanitarian affairs. Among these three components, economic class immigrants are the highest priority in its immigration policy. Although Canada admits highly qualified immigrant professionals with the expectation of easily integrating them, many highly skilled immigrants are marginalized in the labour market due to a myriad of layered structural and institutional barriers that prevent them from working in the professions for which they were trained in their country of origin. More than 67% of highly skilled immigrants are more likely to be in jobs for which they are formally overqualified. The deteriorating employment situation of highly educated immigrants, particularly the immigrants of racialized groups, needs analytical scrutiny of the immigration policy of Canada. In this paper, author examine how the historical legacy of colonialism still continues in Canada’s immigration policymaking and how this legacy has impacted developing countries in the global South. Author argue that the Canadian immigration policy is based on the notion of exploiting/dominating smaller countries and immigrants from these countries. Such colonial policies have systematically ‘Othered’ immigrants based on their race, ethnicity, gender, culture, and linguistic characteristics. Recommendations are made to revisit contemporary immigration and settlement policies to effectively integrate immigrants into Canadian society.

Keywords: colonialism, Canadian immigration policy, racialized immigrants, skilled immigrants

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Authors: E. K. Linsenmayer

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Traditional international relations theorists define state security, the principal national interest, as a state’s military force. However, many political theorists argue the current definition of security is not comprehensive and therefore, problematic. This paper argues that women’s physical security is not only linked but also necessary to achieve state security. In today’s unipolar political international system, the United States continues to accredit national security to its military. However, in one of the most militarized countries, women remain insecure. Through a case study method of the United States, this paper illuminates a necessary political prescription: the empowerment of women through an inside-out, feminist theoretical approach that makes state security attainable. The research through empirical testing, drawing from several databases, shows the positive effects of women’s physical security on state security. Women’s physical security is defined in terms of equal legal practices, health, education, and female representation in the government. State security is measured by the relative peace of a state, its involvement in conflict and a state’s relations with neighboring states. This paper shows that empowering women, 50% of the world’s population, is necessary for ending the current vicious circle of militarization, war, and insecurity. Without undoing gender power dynamics at the individual and societal level, security at all levels remains unattainable.

Keywords: gender inequality, politics, state security, women's security

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Authors: Philippa Anne French

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This paper presents a case study of 3000acres, a for-purpose organisation established in 2013 to improve the health of Melbournians by enabling them to grow more of their own food. Over the past four years, the organisation has encountered a number of barriers, both obvious and less obvious, which discourage communities from beginning their own food-growing projects. These include soil contamination, planning policies, public perception and access to land. 3000acres has been working to remove these barriers if possible, or otherwise to find ways around them. Strategies have included the use of removable planter boxes on temporarily vacant land, separating the site soil from above-ground garden beds, writing planning exemptions, developing relationships with land management authorities and recording both the quantitative and qualitative products of food gardens in Melbourne. While creating change in policy and legal requirements will be a gradual process, discernable progress has been made in the attitudes of land management authorities and the establishment of new food gardens is becoming easier. Over the past four years, 3000acres has supported the establishment of 14 food gardens in and around Melbourne, including public community gardens, fenced community gardens and urban farms supplying food to a food relief organisation.

Keywords: case study, community gardens, land access, land contamination, urban agriculture

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Authors: Saheed Biodun Qaasim-Badmusi

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A lot has been written on peaceful co-existence with non-Muslims in Islam, but little attention is paid to the conflict between Ahadith relating to dissociation from non-Muslims as a kernel of Islamic faith, and the one indicating peaceful co-existence with them. Undoubtedly, proper understanding of seemingly contradictory prophetic traditions is an antidote to the bane of pervasive extremism in our society. This is what calls for need to shed light on ‘Harmonization of Conflict Ahadith between Dissociation and Peaceful Co-existence with Non-Muslims. It is in view of the above that efforts are made in this paper to collate Ahadith pertaining to dissociation from non-Muslims as well as co-existence with them. Consequently, a critical study of their authenticity is briefly explained before proceeding to analysis of their linguistic and contextual meanings. To arrive at the accurate interpretation, harmonization is graphically applied. The result shows that dissociation from non –Muslims as a bedrock of Islamic faith could be explained in Sunnah by prohibition of participating or getting satisfaction from their religious matters, and anti-Islamic activities. Also, freedom of apostasy, ignoring da`wah with wisdom and seeking non-Muslims support against Muslims are frowned upon in Sunnah as phenomenon of dissociation from non –Muslims. All the aforementioned are strictly prohibited in Sunnah whether under the pretext of enhancing peaceful co-existence with non-Muslims or not. While peaceful co-existence with non-Muslims is evidenced in Sunnah by permissibility of visiting the sick among them, exchange of gift with them, forgiving the wrong among them, having good relationship with non-Muslim neighbours, ties of non-Muslim kinship, legal business transaction with them and the like. Finally, the degree of peaceful co-existence with non-Muslims is determined by their attitude towards Islam and Muslims.

Keywords: Ahadith, conflict, co-existence, non-Muslims

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Authors: Christine Marie Cocchiola

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This study assesses the relationship between coercive control and subjugation. Coercive control is the foundation of most domestic violence and a serious public health problem, having significant legal and social justice ramifications. Beyond the physical, it oftentimes is preceded by or motivated by a need for control. Subjugation, as a personality trait and a maladaptive schema, leads individuals to minimize their own needs or wants and, thereby, often to a loss of autonomy, a dismissal of what one might know to be true. This includes a dismissal of the trademarks of an abusive relationship. Subjugation may contribute to a person engaging in or remaining in a coercively controlling relationship. One hundred fifty-four female survivors of domestic violence participated in this study, assessing their own level of subjugation. Participants were limited to individuals who experienced non-physical abuse in their relationships. Subjugation was attributed as a “concern” or greater in 137 of the 154 participants. 11 participants were interviewed to determine their personal experiences in this abusive relationship. Common themes emerged from interviews, including that the participants worked diligently to fix these abusive relationships by regulating their own behaviors and attempting to please the offender. The results indicate a continued need for advocacy and support of this vulnerable population. Further education is indicated for mental health professionals and for individuals in or having left an abusive relationship on how to identify signs of subjugation, thereby empowering individuals to avoid future experiences of abuse.

Keywords: coercive control, intimate partner violence, subjugation, schemas, gender oppression, autonomy, gaslighting

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Authors: Serges Djoyou Kamga, Gerard Emmanuel Kamdem Kamga

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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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Authors: Tewelde Gebreslassie Gebreanenia, Frie Ayalew Yimam, Seada Hussen Adem

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Patient safety and quality of care are essential goals of health care delivery, but they are often compromised by human errors, system failures, or resource constraints. In a variety of healthcare contexts, artificial intelligence (AI), a quickly developing field, can provide fresh approaches to enhancing patient safety and treatment quality. Artificial Intelligence (AI) has the potential to decrease errors and enhance patient outcomes by carrying out tasks that would typically require human intelligence. These tasks include the detection and prevention of adverse events, monitoring and warning patients and clinicians about changes in vital signs, symptoms, or risks, offering individualized and evidence-based recommendations for diagnosis, treatment, or prevention, and assessing and enhancing the effectiveness of health care systems and services. This study examines the state-of-the-art and potential future applications of AI-based technologies for enhancing patient safety and care quality, as well as the opportunities and problems they present for patients, policymakers, researchers, and healthcare providers. In order to ensure the safe, efficient, and responsible application of AI in healthcare, the paper also addresses the ethical, legal, social, and technical challenges that must be addressed and regulated.

Keywords: artificial intelligence, health care, human intelligence, patient safty, quality of care

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Authors: D. T. Tran, H. P. Tran, L. G. Hoang, V. N. H. Bui, Q. T. Nguyen, A. K. Das

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This paper provides some insight information about a current situation of e-procurement implementation in Vietnam, including opportunities and challenges. A case study of Phuc Thien Company which is classified as a medium enterprise in the country, specialising on animal feed production. Since the technological development rapidly changes, companies have implemented advanced technologies in supply chain management to increase efficiency and gain collaboration amidst partners in their manufacturing and development activities. The findings of this research reveal strengths and ongoing weaknesses when Phuc Thien company internally implemented eProcurement system. Although cost savings, visibility of payment and speedy procurement process are one of the largest benefits of eProcurement implementation, the company faces greater hurdles, such as employee capability to use technology and their resistance to change, that overshadow everything else. In terms of governmental policy, the adaptation of e-invoicing has commenced since June 2015 in Vietnam, legal regulations and administrative framework related to e-Procurement carries various ambiguous in its content and extremely fragment. Hence, this adds a great burden to enterprises in general and Phuc Thien in particular in view of creating higher competitive advantage for animal feed industry in Vietnam as well as South East Asia region.

Keywords: procurement, e-procurement, animal feed industry, efficiency

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Authors: Massimo Mozzon, Nadia Raffaelli

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Proteases from herbs, woody plants, and trees are exploited for cheesemaking in several countries, especially in South Europe and West Africa. Particularly, “thistles” belonging to several genera within the Asteraceae family (Cynara, Silybum, Centaurea, Carlina, Cirsium, Onopordum) are traditionally used in Mediterranean countries for clotting raw ewe’s and goat’s milk. For the first time, the clotting performance of an aqueous extract from flowers of Onopordum tauricum Willd. (Taurian thistle, bull cottonthistle) were tested in milk of different origin (cow, goat, ewe). The vegetable material was collected in the Central Apennines range, between the Marche and Umbria regions. A response surface methodology (RSM) approach was used to study the effect of the curdling variables (temperature, pH, amount of enzymatic extract) on the technological performance of the thistle extract. A three-step procedure for the purification of the enzyme (ammonium sulphate precipitation, gel filtration and ion-exchange chromatography) was also carried out. The milk clotting activity (MCA) of O. tauricum crude extracts was strongly affected by temperature, pH and by the interaction between these two variables, according to a second-order response surface model, while the milk/coagulant ratio did not affect in a significant way the clotting properties. Experimental data showed that the addition of 10 mM CaCl2 reduced the clotting time of ewe’s, goat’s, and cow’s milk by about 3-fold, 8-fold, and 14-fold, respectively, at 35°C and pH 6.7-6.8. After purification, an enzymatic preparation very close to homogeneity was obtained, which showed a major band at about 30 kDa when analyzed by SDS-PAGE. The identity of the enzyme as an aspartic protease was confirmed by inhibition studies. Cheese-making trials were carried out to check the scale-up (1 to 5 L of milk; 37 °C; 10 mM CaCl2 fortification) and set the recipe: 35-45% of curd yields were recorded, according to curd cutting and pressing.

Keywords: milk clotting activity, Onopordum tauricum, plant proteases, vegetable rennet

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Authors: Samuel Abraham Berhane, Lingbing Bu

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This paper presents the spatiotemporal variability of aerosols, clouds, and precipitation within the major cities in Eritrea and it investigates the relationship between aerosols, clouds, and precipitation concerning the presence of aerosols over the study region. In Eritrea, inadequate water supplies will have both direct and indirect adverse impacts on sustainable development in areas such as health, agriculture, energy, communication, and transport. Besides, there exists a gap in the knowledge on suitable and potential areas for cloud seeding. Further, the inadequate understanding of aerosol-cloud-precipitation (ACP) interactions limits the success of weather modification aimed at improving freshwater sources, storage, and recycling. Spatiotemporal variability of aerosols, clouds, and precipitation involve spatial and time series analysis based on trend and anomaly analysis. To find the relationship between aerosols and clouds, a correlation coefficient is used. The spatiotemporal analysis showed larger variations of aerosols within the last two decades, especially in Assab, indicating that aerosol optical depth (AOD) has increased over the surrounding Red Sea region. Rainfall was significantly low but AOD was significantly high during the 2011 monsoon season. Precipitation was high during 2007 over most parts of Eritrea. The correlation coefficient between AOD and rainfall was negative over Asmara and Nakfa. Cloud effective radius (CER) and cloud optical thickness (COT) exhibited a negative correlation with AOD over Nakfa within the June–July–August (JJA) season. The hybrid single-particle Lagrangian integrated trajectory (HYSPLIT) model that is used to find the path and origin of the air mass of the study region showed that the majority of aerosols made their way to the study region via the westerly and the southwesterly winds.

Keywords: aerosol-cloud-precipitation, aerosol optical depth, cloud effective radius, cloud optical thickness, HYSPLIT

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Authors: Natalie Thorburn

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New Zealand legalised and regulated prostitution 13 years ago with the hope of eradicating unsafe or exploitative practices in the sex trade, but the extent to which this has been successful has been hotly contested, with the New Zealand Government denying any existence of sex trafficking and evidence generally indicating the success of the 2004 reform. The aim of the research was therefore to establish the circumstances in which sex trafficking may be occurring without using any previously instrumental gatekeepers of the New Zealand sex industry. 14 survivors of gang, family, or intimate partner trafficking (all of whom had first been trafficked prior to the age of 16) were interviewed, as well as several key informants. It was found that there was a perceived lack of commitment by Police to investigate instances of trafficking, and this was considered to be linked to the legal status of prostitution. The lack of recognition at both community and political levels of the existence and prevalence of trafficking also meant that medical and social service practitioners were unaware trafficking was occurring, and would not know who to refer to if it was disclosed. Participants commonly normalised coercion into sex, seeing this as a continuation of prior sexually abusive experiences that were prevalent in their childhood and early adolescent environments. Their experiences with the helping services were typically either negative or non-existent, and they expressed frustration regarding the absence of justice, the lack of awareness, and health and outcomes they suffered in relation to their experiences of having been trafficked. Barriers to engagement and strategies to facilitate meaningful and sustainable engagement with this population group are therefore presented.

Keywords: legalisation, regulation, service access, socio-political context

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Authors: Adelina Vrancianu

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The problem of artificial real accession will be analyzed in this study both in terms of old and current Civil Code provisions and in terms of comparative law, European legal and Canadian systems. The current Civil Code from 2009 has brought new changes about the application and solutions regarding artificial real accession. The hypothesis in which a person is making works with his own materials on the real estate belonging to another person is developed and analyzed in detail from national and international point of view in relation with the good faith. The scope of this analysis is to point out what are the changes issued from case-law and which ones are new, inspired from other law systems in regard to the good/bad faith. The new civil code has promoted a definition for this notion. Is this definition a new one inspired from the comparative law or is it inspired from the case-law? Is it explained for every case scenario of accession or is a general notion? The study tries to respond to these questions and to present the new aspects in the area. has reserved a special place for the situation of execution of works with own materials exceeding the border with violation of another’s right of property, where the variety of solutions brings into discussion the case of expropriation for private interest. The new Civil Code is greatly influenced by the Civil Code from Quebec in comparison with the old code of French influence. The civil reform was needed and has brought into attention new solutions inspired from the Canadian system which has mitigated the permanent conflict between the constructor and the immovable owner.

Keywords: accession, good faith, new civil code, comparative law

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Authors: Harsha Nagar, Vineet Aniya, Alka Kumari, Satyavathi B.

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In the present study, engineered bio-coal was produced from pressed seed cake, which otherwise is non-edible in origin. The production process involves a slow pyrolysis wherein, based on the optimization of process parameters; a substantial reduction in H/C and O/C of 77% was achieved with respect to the original ratio of 1.67 and 0.8, respectively. The bio-coal, so the product was found to have a higher heating value of 29899 kJ/kg with surface area 17 m²/g and pore volume of 0.002 cc/g. The functional characterization of bio-coal and its subsequent modification was carried out to enhance its active sites, which were further used as an adsorbent material for removal of 2,4,6-Trichlorophenol (2,4,6-TCP) herbicide from the aqueous stream. The point of zero charge for the bio-coal was found to be pH < 3 where its surface is positively charged and attracts anions resulting in the maximum 2, 4, 6-TCP adsorption at pH 2.0. The parametric optimization of the adsorption process was studied based on the Box-Behken design with the desirability approach. The results showed optimum values of adsorption efficiency of 74.04% and uptake capacity of 118.336 mg/g for an initial metal concentration of 250 mg/l and particle size of 0.12 mm at pH 2.0 and 1 g/L of bio-coal loading. Negative Gibbs free energy change values indicated the feasibility of 2,4,6-TCP adsorption on biochar. Decreasing the ΔG values with the rise in temperature indicated high favourability at low temperatures. The equilibrium modeling results showed that both isotherms (Langmuir and Freundlich) accurately predicted the equilibrium data, which may be attributed to the different affinity of the functional groups of bio-coal for 2,4,6-TCP removal. The possible mechanism for 2,4,6-TCP adsorption is found to be physisorption (pore diffusion, p*_p electron donor-acceptor interaction, H-bonding, and van der Waals dispersion forces) and chemisorption (phenolic and amine groups chemical bonding) based on the kinetics data modeling.

Keywords: engineered biocoal, 2, 4, 6-trichlorophenol, box behnken design, biosorption

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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

Procedia PDF Downloads 91

Authors: M. Bokhtiar Hasan, M. Delowar Hossain, Abu N. M. Wahid

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The principal aim of the study is to find out a way to effectively manage the agricultural risks like price volatility, weather risks, and fund shortage. To hedge price volatility, farmers sometimes make contracts with agro-traders but fail to protect themselves effectively due to not having legal framework for such contracts. The study extensively reviews existing literature and find evidence that the majority studies either deal with price volatility or weather risks. If we could address these risks through a single model, it would be more useful to both the farmers and traders. Intrinsically, the authors endeavor in this regard, and the key contribution of this study basically lies in it. Initially, we conduct a small survey aspiring to identify the shortcomings of existing contracts. Later, we propose a model encompassing forward and insurance contracts together where forward contract will be used to hedge price volatility and insurance contract will be used to protect weather risks. Contribution/Originality: The study adds to the existing literature through proposing an integrated model comprising of forward contract and crop insurance which will support both farmers and traders to cope with the agricultural risks like price volatility, weather hazards, and fund shortage. JEL Classifications: O13, Q13

Keywords: agriculture, forward contract, insurance contract, risk management, model

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Authors: Y. A. Kumar

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Environmental awareness issues in Kazakhstan are one of the most undermined topics both among the public community and in terms of state rhetoric. In the context of official state documents, so far only two official environmental codes and national programs called Zhasyl Kazakhstan were introduced in the country in 2021. While on the one hand the Environmental Code was introduced with the purpose to modernize, frame and enlist main legislative aspects on various sectors of environmental law in Kazakhstan, on the other hand, the Zhasyl Kazakhstan Program has been implemented as a state program to address with numerous environmental projects various environmental issues ranging from air pollution to waste management as well as aspects related to ecological education and low environmental awareness matters. In this regard, the main goal of this paper is to analyze critically the main content of both of these documents with a particular focus on sections related to environmental awareness-raising aspects. For that, this paper applied a subjective-based content analysis in order to identify interesting insights on regulatory legal aspects, future research streams, and uncovering of improved legislative frameworks in the context of an environmental awareness issue. Apart from that, five open-ended questions were sent out to the Ministry of Ecology, Geology and Natural Resources to obtain primary data on the state’s view in regards to current previous, recent and future aspects of environmental awareness issues in the country.

Keywords: Kazakhstan, environmental awareness, environmental code, Zhasyl Kazakhstan, content analysis

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Authors: Syahrir Andi Mangga, Ipranta

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The geological, paleomagnetic, geochemical and geophysical Investigation in The Sumatra Region has yielded some new data, has stimulated a reassessment of stratigraphy, structure, tectonic evolution and which can show a Sumatra geodynamic model. Sumatra island has in the margin of southwest part of the Eurasia plate in the Sundaland cratonic block and occurred as the amalgamation of allochtonous microplates, continental fragments, Island arc and accrctionary by foreland complex which assembled prior to Tertiary. The allochtonous rocks (terranes), can be divided into 4 (four) Terranes with Paleozoic to Mesosoic in age, had different origin, lithology and are separated by a Suture as main fault with trending NW-SE. The terranes are: the Tigapuluh-Bohorok (East Sumatra block / Sibumasu block), Permo-Carboniferous in age and is characterized by the rock types formed in glacio-marine and was intruded by Late Triassic to Early Jurrasic granitics, occupied in the Eastern part of Sumatra, the paleomagnetic data shown 41° South. Tanjung Karang - Gunung Kasih Terrane, is composed of higher metamorphic rocks and supposed to be pre-Carboniferous in age, covered by Mesozoic sedimentary rocks and were intruded by granitic-dioritic rocks, occupied in the Southern part of Sumatra, the paleomagnetic data shown 19° North. The Kuantan-Duabelas Mountain (West Sumatra block) is occupied by metamorphic, sedimentary and volcanic rocks of Paleozoic - Mesozoic (Carboniferous - Triassic) in age, contains a Cathaysion fauna and flora and are intruded by the Mesozoic granitoid rocks. The terrane occurred in the western part of Sumatra. Meanwhile, the Gumai-Garba (Waloya Terrane) which is occupied by the tectonite/melange, metasediment, carbonate and volcanic rocks of Mesozoic (Jurassic - Cretaceous) in age, are intruted by the Late Cretaceous granitoid rocks, the paleomagnetic data shown 30° - 31° South.

Keywords: tectonostratigraphy, amalgamation, allochtonous, terranes, sumatra

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Authors: Jia Liu

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This article explores the shifting nature of physician-patient relationship in mainland China. Specifically, it takes the physician-patient relationship during the barefoot doctor program in 1968-1978, the marketization of healthcare services in 1978-2002, and the healthcare reform in 2003-2020 as three typical historical periods, illustrating how the nature of the physician-patient relationship has changed over time in mainland China. Drawing on recent jurisprudential literature that emphasizes the roles and functions done by and through obligation rather than right, it explores how the obligations of physicians and patients along with the implementation of informed consent, marketization of the healthcare system, and the basic healthcare reform have affected their relationship. One key feature of this article is that it analyzes the ways in which commodification and decommodification of healthcare have defined and in many different ways have determined the expectations and practices of physicians and patients, which illustrates how the trust between physicians and patients threatens to collapse and the bond between the citizen and the state fails to be firmly established in the mainland Chinese healthcare context. It also pays special attention to the role played by law and legal institutions—for instance, the implementation of informed consent and the liability law—in being complicit in facilitating the decoupling of the practices of physicians and patients from their ethical senses of obligation and undermining the bond (the trust relationship) between them.

Keywords: healthcare, marketization, physician-patient relationship, sense of obligation

Procedia PDF Downloads 126