Search results for: theories of rights
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 2492

Search results for: theories of rights

872 The Promise of Nunca Más after Cambiemos: Representations of the 2x1 Decision of the Supreme Court and Santiago Maldonado's Disappearance in the Newspaper La Nación

Authors: Uluhan Berk Ondul

Abstract:

This article aims to shed light on the new stage of transitional justice in Argentina through examining the representations of the 2x1 decision of the Supreme Court and Santiago Maldonado’s Disappearance in the newspaper, La Nación. The two events hold the key to understanding Argentina’s journey since return to democracy as they are about the same crimes of the dictatorship, namely, the forced disappearance of civilians and the subsequent impunity that follows. In the case of a convicted torturer, The Supreme Court of Argentina ruled on 3rd of May 2017 that the days spent in preventive detention after two years should be counted double for the overall sentence. This court decision was met with severe resistance from the members of the parliament as well as the human rights movement. The second item on the list still continues and divides the country into two camps: (1) those who think that the police force has committed another act of forced disappearance in the case of activist Santiago Maldonado and (2) the others who blame the peronistas (the party and supporters of the ex-president Cristina Fernandez de Kirchner) of using this subject as a means to score political points. As a newspaper known for its proximity to the current administration, La Nación offers an insight to the direction of the country and also demonstrates how the neoliberal mindset works. The results of the study show that the transitional justice process in Argentina is far from being complete as the Promise of Nunca Más is still not a shared value but a political statement.

Keywords: Argentina, Fallo 2x1, impunity, Santiago Maldonado, transitional justice

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871 The Role of Strategic Alliances, Innovation Capability, Cost Reduction in Enhancing Customer Loyalty and Firm’s Competitive Advantage

Authors: Soebowo Musa

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Mining industries are known to be very volatile due to their sensitive nature toward changes in the environment, particularly coal mining. Heavy equipment distributors and coal mining contractors are among heavily affected by such volatility. They are facing more uncertainty on the sustainability of the coal mining industry. Strategic alliances and organizational capabilities such as innovation capability have long been seen as ways to stay competitive with a focus more on the strategic alliances partner-to-partner in serving their customers. In today’s rapid change in the environment, a shift in consumer behaviors, and the human-centric business approach, this study looks at the strategic alliance partner-to-customer relationship in both the industrial organization and resource-based theories. This study was conducted based on 250 respondents from the strategic alliances partner-to-customer between heavy equipment distributors and coal mining contractors in Indonesia. This study finds strategic alliances have the highest association toward cost reduction, a proxy of operational efficiency followed by its association toward innovation capability. Further, strategic alliances and innovation capability have a positive relationship with customer loyalty, while innovation capability and customer loyalty have no significant relationships toward the firm’s competitive advantage. This study also indicates that cost reduction is not a condition to develop customer loyalty in the strategic alliance partner-to-customer relationship. It confirms strategic alliances are a strategy that creates a firm’s operational efficiency, innovation capability that develops customer loyalty, and competitive advantage.

Keywords: strategic alliance, innovation capability, cost reduction, customer loyalty, competitive advantage

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870 Effect of Muscle Energy Technique on Anterior Pelvic Tilt in Lumbar Spondylosis Patients

Authors: Enas El Sayed Abutaleb, Mohamed Taher Eldesoky, Shahenda Abd El Rasol

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Background: Muscle energy techniques (MET) have been widely used by manual therapists over the past years, but still limited research validated its use and there was limited evidence to substantiate the theories used to explain its effects. Objective: To investigate the effect of muscle energy technique (MET) on anterior pelvic tilt in patients with lumbar spondylosis. Design: Randomized controlled trial. Subjects: Thirty patients with anterior pelvic tilt from both sexes were involved, aged between 35 to 50 years old and they were divided into MET and control groups with 15 patients in each. Methods: All patients received 3 sessions/week for 4 weeks where the study group received MET, Ultrasound and Infrared, and the control group received U.S and I.R only. Pelvic angle was measured by palpation meter, pain severity by the visual analogue scale and functional disabilities by the Oswestry disability index. Results: Both groups showed significant improvement in all measured variables. The MET group was significantly better than the control group in pelvic angle, pain severity, and functional disability as p-value were (0.001, 0.0001, 0.0001) respectively. Conclusion and implication: The study group fulfilled greater improvement in all measured variables than the control group which implies that application of MET in combination with U.S and I.R were more effective in improving pelvic tilting angle, pain severity and functional disabilities than using electrotherapy only.

Keywords: anterior pelvic tilt, lumbar spondylosis, muscle energy technique exercise, pelvic tilting angle

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869 Social Inclusion Challenges in Indigenous Communities: Case of the Baka Pygmies Community of Cameroon

Authors: Igor Michel Gachig, Samanta Tiague

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Baka ‘Pygmies’ is an indigenous community living in the rainforest region of Cameroon. This community is known to be poor and marginalized from the political, economic and social life, regardless of sedentarization and development efforts. In fact, the social exclusion of ‘Pygmy’ people prevents them from gaining basic citizen’s rights, among which access to education, land, healthcare, employment and justice. In this study, social interactions, behaviors, and perceptions were considered. An interview guide and focus group discussions were used to collect data. A sample size of 97 was used, with 60 Baka Pygmies and 37 Bantus from two Baka-Bantu settlements/villages of the south region of Cameroon. The data were classified in terms of homogenous, exhaustive and exclusive categories. This classification has enabled factors explaining social exclusion in the Baka community to be highlighted using content analysis. The study shows that (i) limited access to education, natural resources and care in modern healthcare organizations, and (ii) different views on the development expectations and integration approaches both highlight the social exclusion in the Baka ‘Pygmies’ community. Therefore, an effective and adequate social integration of ‘Pygmies’ based on cultural peculiarities and identity, as well as reduction of disparities and improvement of their access to education should be of major concern to the government and policy makers.

Keywords: development, indigenous people, integration, social exclusion

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868 Social Media or Television as Cure for Political Apathy among Nigerian Youths during Nigeria’s 2023 General Elections

Authors: Igbozuruike Chigozie Jude, Agwu Agwu Ejem

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This research examines the comparative influence of social media and TV campaigns on youth participation in the 2023 general elections in Nigeria. It interrogates the roles played by these two media in influencing youth participation, especially youths in Nigeria, while revealing the factors that influenced their exposure to the media and their participation. The study employed a survey design of quantitative research method to gather the data for this study. Data was collected through a questionnaire from 300 youths in Lagos. The sample size was selected using a multi-stage cluster sampling technique. Social media was the most media that was rated to have had the most impact on youth participation during the election period with its political campaigns. The elaborate likelihood model was used to underpin the study. The study concluded that social media campaigns played a major role in political participation among the youth during the 2023 general election. It revealed how social media contributed to the youths' participation and influenced them to engage in common forms of political participation. The main recommendation of this study is that since the majority of the youths are between the ages of 18 to 35, the media should work on coming up with more content around the year to sensitize them about their political rights and enlighten them socio-politically so that they grow up to become responsible citizens in the country both politically and socially.

Keywords: social media, general election, Nigeria, political apathy, youth

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867 Biodiversity Affects Bovine Tuberculosis (bTB) Risk in Ethiopian Cattle: Prospects for Infectious Disease Control

Authors: Sintayehu W. Dejene, Ignas M. A. Heitkönig, Herbert H. T. Prins, Zewdu K. Tessema, Willem F. de Boer

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Current theories on diversity-disease relationships describe host species diversity and species identity as important factors influencing disease risk, either diluting or amplifying disease prevalence in a community. Whereas the simple term ‘diversity’ embodies a set of animal community characteristics, it is not clear how different measures of species diversity are correlated with disease risk. We, therefore, tested the effects of species richness, Pielou’s evenness and Shannon’s diversity on bTB risk in cattle in the Afar Region and Awash National Park between November 2013 and April 2015. We also analysed the identity effect of a particular species and the effect of host habitat use overlap on bTB risk. We used the comparative intradermal tuberculin test to assess the number of bTB infected cattle. Our results suggested a dilution effect through species evenness. We found that the identity effect of greater kudu - a maintenance host – confounded the dilution effect of species diversity on bTB risk. bTB infection was positively correlated with habitat use overlap between greater kudu and cattle. Different diversity indices have to be considered together for assessing diversity-disease relationships, for understanding the underlying causal mechanisms. We posit that unpacking diversity metrics is also relevant for formulating control strategies to manage cattle in ecosystems characterized by seasonally limited resources and intense wildlife-livestock interactions.

Keywords: evenness, diversity, greater kudu, identity effect, maintenance hosts, multi-host disease ecology, habitat use overlap

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866 Ethnolinguistic Identity and Language Policies: Negotiating Identity and Diversity in Modern Linguistic Environment in Malawi

Authors: Peter Mayeso Jiyajiya

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The question of language and identity in the post-colonial Africa has resulted in the policy inconsistencies and perceived wayward practices regarding language use. The need to reside and situate oneself in the global village has alienated local identities, with most countries, Malawi in particular promoting exogenous colonial language(s) at the expense of local languages that mirror people’s identities. This has brought a mismatch between language policy and implementation. The resultant effect has been alienation of the ‘Self’ from one’s indigenous identity and creation of the ‘other’ in the foreign identity, and the undermining of the linguistic rights of the minority language speakers. The need to negotiate the identity and modernity in the global village is thus imperative. The paper attempts to review the language situation in Malawi in light of the growing desire for international integration vis-à-vis the cultivation and maintenance of national ethnolinguistic identity. It further highlights the dilemma that the promotion of vernacular languages is facing in the modern Malawi. It also examines the Malawi language policy and its implementation. The failures, challenges, and inconsistencies are discussed in order to negotiate the position of minority languages in the modern Malawi. The paper notes that identity construction and maintenance within the framework of language policy in Malawi is undermined by attitudinal factors towards one’s culture and language. The paper then provides suggestions of negotiating identity in Malawi within the framework of globalisation through the placement of premiums on the minority languages.

Keywords: identity, language policy, minority languages, vernacular language

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

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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864 Adding a Few Language-Level Constructs to Improve OOP Verifiability of Semantic Correctness

Authors: Lian Yang

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Object-oriented programming (OOP) is the dominant programming paradigm in today’s software industry and it has literally enabled average software developers to develop millions of commercial strength software applications in the era of INTERNET revolution over the past three decades. On the other hand, the lack of strict mathematical model and domain constraint features at the language level has long perplexed the computer science academia and OOP engineering community. This situation resulted in inconsistent system qualities and hard-to-understand designs in some OOP projects. The difficulties with regards to fix the current situation are also well known. Although the power of OOP lies in its unbridled flexibility and enormously rich data modeling capability, we argue that the ambiguity and the implicit facade surrounding the conceptual model of a class and an object should be eliminated as much as possible. We listed the five major usage of class and propose to separate them by proposing new language constructs. By using well-established theories of set and FSM, we propose to apply certain simple, generic, and yet effective constraints at OOP language level in an attempt to find a possible solution to the above-mentioned issues regarding OOP. The goal is to make OOP more theoretically sound as well as to aid programmers uncover warning signs of irregularities and domain-specific issues in applications early on the development stage and catch semantic mistakes at runtime, improving correctness verifiability of software programs. On the other hand, the aim of this paper is more practical than theoretical.

Keywords: new language constructs, set theory, FSM theory, user defined value type, function groups, membership qualification attribute (MQA), check-constraint (CC)

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863 'Infection in the Sentence': The Castration of a Black Woman's Dream of Authorship as Manifested in Buchi Emecheta's Second Class Citizen

Authors: Aseel Hatif Jassam, Hadeel Hatif Jassam

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The paper discusses the phallocentric discourse that is challenged by women in general and of women of color in particular in spite of the simultaneity of oppression due to race, class, and gender in the diaspora. Therefore, the paper gives a brief account of women's experience in the light of postcolonial feminist theory. The paper also cast light on the theories of Luce Irigaray and Helen Cixous, two Feminist theorists who support and advise women to have their own discourse to challenge the infectious patriarchal sentence advocated by Sigmund Freud and Harold Bloom's model of literary history. Black women authors like BuchiEmecheta as well as her alter ego Adah, a Nigerian-born girl and the protagonist of her semi-autobiographical novel, Second Class Citizen, suffer from this phallocentric and oppressive sentence and displacement as they migrate from Nigeria, a former British colony where they feel marginalized to North London with the hope of realizing their dreams. Yet, in the British diaspora, they get culturally shocked and continue to suffer from further marginalization due to class and race and are insulted and interiorized ironically by their patriarchal husbands who try to put an end to their dreams of authorship. With the phallocentric belief that women aren't capable of self-representation in the background of their mindsets, the violent Sylvester Onwordi and Francis Obi, the husbands of both Emecheta and Adah, respectively have practiced oppression on them by burning their own authoritative voice, represented by the novels they write while they are struggling with their economically atrocious living experience in the British diaspora.

Keywords: authorship, British diaspora, discourse, phallocentric, patriarchy

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862 An Event-Related Potentials Study on the Processing of English Subjunctive Mood by Chinese ESL Learners

Authors: Yan Huang

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Event-related potentials (ERPs) technique helps researchers to make continuous measures on the whole process of language comprehension, with an excellent temporal resolution at the level of milliseconds. The research on sentence processing has developed from the behavioral level to the neuropsychological level, which brings about a variety of sentence processing theories and models. However, the applicability of these models to L2 learners is still under debate. Therefore, the present study aims to investigate the neural mechanisms underlying English subjunctive mood processing by Chinese ESL learners. To this end, English subject clauses with subjunctive moods are used as the stimuli, all of which follow the same syntactic structure, “It is + adjective + that … + (should) do + …” Besides, in order to examine the role that language proficiency plays on L2 processing, this research deals with two groups of Chinese ESL learners (18 males and 22 females, mean age=21.68), namely, high proficiency group (Group H) and low proficiency group (Group L). Finally, the behavioral and neurophysiological data analysis reveals the following findings: 1) Syntax and semantics interact with each other on the SECOND phase (300-500ms) of sentence processing, which is partially in line with the Three-phase Sentence Model; 2) Language proficiency does affect L2 processing. Specifically, for Group H, it is the syntactic processing that plays the dominant role in sentence processing while for Group L, semantic processing also affects the syntactic parsing during the THIRD phase of sentence processing (500-700ms). Besides, Group H, compared to Group L, demonstrates a richer native-like ERPs pattern, which further demonstrates the role of language proficiency in L2 processing. Based on the research findings, this paper also provides some enlightenment for the L2 pedagogy as well as the L2 proficiency assessment.

Keywords: Chinese ESL learners, English subjunctive mood, ERPs, L2 processing

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861 The Determinants of Corporate Hedging Strategy

Authors: Ademola Ajibade

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Previous studies have explored several rationales for hedging strategies, but the evidence provided by these studies remains ambiguous. Using a hand-collected dataset of 2460 observations of non-financial firms in eight African countries covering 2013-2022, this paper investigates the determinants and extent of corporate hedge use. In particular, this paper focuses on the link between country-specific conditions and the corporate hedging behaviour of firms. To our knowledge, this represents the first African studies investigating the association between country-specific factors and corporate hedging policy. The evidence based on both univariate and multivariate reveal that country-level corruption and government quality are important indicators of the decisions and extent of hedge use among African firms. However, the connection between country-specific factors as a rationale for corporate hedge use is stronger for firms located in highly corrupt countries. This suggest that firms located in corrupt countries are more motivated to hedge due to the large exposure they face. In addition, we test the risk management theories and observe that CEOs educational qualification and experience shape corporate hedge behaviour. We implement a lagged variables in a panel data setting to address endogeneity concern and implement an interaction term between governance indices and firm-specific variables to test for robustness. Generally, our findings reveal that institutional factors shape risk management decisions and have a predictive power in explaining corporate hedging strategy.

Keywords: corporate hedging, governance quality, corruption, derivatives

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

Authors: Ximena Rincon Castellanos

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

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

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859 Uncertainties and Resilience: A Study of Pandemic Impact on the Pastoral-Nomadic Communities in India

Authors: Arati S. Kade, Iftikhar Hussain, Somnath Dadas

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The paper studies resilience and uncertainties among nomadic-pastoral communities in India during large events such as pandemics and attempts to understand that with changing times and increased uncertainties, how nomadic communities historically showed their resilience. A review of the literature was performed concerning nomadism and development relations and conflicts by focusing on structural violence on nomadic communities from the caste class and patriarchy as a framework along with the role of the state. Philosophical views on the anti-nomad bias of political theories by Erik Ringmar, along with the decolonial approach by Linda Smith and debrahmanization by Braj Ranjan Mani were used to analyze criminalization of nomads. Data were collected using in-depth telephonic interviews and news reports published during the COVID-19 lockdown in India. Focusing on historical context of current crises, the paper leads to the discussion on how nomadic communities negotiate with the sedentary society during the COVID-19 pandemic. Findings of the current paper approve the hypotheses that the COVID-19 pandemic followed by lockdown deeply impacted the pastoral production system, building on the continued cycle of marginalization by the state and caste society in India, while traditional knowledge stood the test of time. Be it developmental states or pandemics, the nomadic communities have shown their resilience in a number of ways, such as keeping distance from sedentary society, usage of traditional medicine, and relying on traditional leadership.

Keywords: COVID-19, criminalization, India, nomadism, pandemic, pastoralism, resilience, traditional knowledge

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858 Diminishing Voices of Children in Mandatory Mediation Schemes

Authors: Yuliya Radanova, Agnė Tvaronavičienė

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

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

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

Authors: Bubaker F. Shareia

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

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

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

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

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

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

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

Authors: Fines Fatimah, SH. MH.

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

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

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

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

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

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

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853 Modelling the Effect of Psychological Capital on Climate Change Adaptation among Smallholders from South Africa

Authors: Unity Chipfupa, Aluwani Tagwi, Edilegnaw Wale

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Climate change adaptation studies are challenged by a limited understanding of how non-cognitive factors such as psychological capital affect adaptation decisions of smallholder farmers. The concept of psychological capital has not been fully applied in the empirical literature on climate change adaptation strategies. Hence, the study was meant to assess how psychological capital endowment affects climate change adaptation among smallholder farmers. A multivariate probit regression model was estimated using data collected from 328 smallholder farmers in KwaZulu-Natal, South Africa. The findings indicate that, among other factors, self-confidence and hope or aspirations in farming influence climate change adaptation decisions of smallholders. The psychological capital theory proved to be comprehensive in identifying specific psychological dimensions associated with adaptation decisions. However, the non-alignment of approaches for measuring non-cognitive factors made it difficult to compare results among different studies. In conclusion, the study recommends the need for practical ways for enhancing smallholders’ endowment with key non-cognitive abilities. Researchers should develop and agree on a comprehensive framework for assessing non-cognitive factors critical for climate change adaptation. This will improve the use of positive psychology theories to advance the literature on climate change adaptation. Other key recommendations include targeted support for communities facing higher risks of climate change, improving smallholders’ ability to adapt, promotion of social networks and the inclusion of farming objectives as an important indicator in climate change adaptation research.

Keywords: adaptive capacity, climate change adaptation, psychological capital, multivariate probit, non-cognitive factors.

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852 The Effect of Technology in Improving Tourism Cluster Competitveness

Authors: Nancy Ayman Kamal Mohamed Mehrz

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

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

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851 Design of an Ensemble Learning Behavior Anomaly Detection Framework

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

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

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

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

Authors: Deborah Garcia-Magna

Abstract:

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

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

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849 Methodologies for Crack Initiation in Welded Joints Applied to Inspection Planning

Authors: Guang Zou, Kian Banisoleiman, Arturo González

Abstract:

Crack initiation and propagation threatens structural integrity of welded joints and normally inspections are assigned based on crack propagation models. However, the approach based on crack propagation models may not be applicable for some high-quality welded joints, because the initial flaws in them may be so small that it may take long time for the flaws to develop into a detectable size. This raises a concern regarding the inspection planning of high-quality welded joins, as there is no generally acceptable approach for modeling the whole fatigue process that includes the crack initiation period. In order to address the issue, this paper reviews treatment methods for crack initiation period and initial crack size in crack propagation models applied to inspection planning. Generally, there are four approaches, by: 1) Neglecting the crack initiation period and fitting a probabilistic distribution for initial crack size based on statistical data; 2) Extrapolating the crack propagation stage to a very small fictitious initial crack size, so that the whole fatigue process can be modeled by crack propagation models; 3) Assuming a fixed detectable initial crack size and fitting a probabilistic distribution for crack initiation time based on specimen tests; and, 4) Modeling the crack initiation and propagation stage separately using small crack growth theories and Paris law or similar models. The conclusion is that in view of trade-off between accuracy and computation efforts, calibration of a small fictitious initial crack size to S-N curves is the most efficient approach.

Keywords: crack initiation, fatigue reliability, inspection planning, welded joints

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

Authors: Dganit Sharon, Raghda Alnabilsy

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

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

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847 Integrating Explicit Instruction and Problem-Solving Approaches for Efficient Learning

Authors: Slava Kalyuga

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There are two opposing major points of view on the optimal degree of initial instructional guidance that is usually discussed in the literature by the advocates of the corresponding learning approaches. Using unguided or minimally guided problem-solving tasks prior to explicit instruction has been suggested by productive failure and several other instructional theories, whereas an alternative approach - using fully guided worked examples followed by problem solving - has been demonstrated as the most effective strategy within the framework of cognitive load theory. An integrated approach discussed in this paper could combine the above frameworks within a broader theoretical perspective which would allow bringing together their best features and advantages in the design of learning tasks for STEM education. This paper represents a systematic review of the available empirical studies comparing the above alternative sequences of instructional methods to explore effects of several possible moderating factors. The paper concludes that different approaches and instructional sequences should coexist within complex learning environments. Selecting optimal sequences depends on such factors as specific goals of learner activities, types of knowledge to learn, levels of element interactivity (task complexity), and levels of learner prior knowledge. This paper offers an outline of a theoretical framework for the design of complex learning tasks in STEM education that would integrate explicit instruction and inquiry (exploratory, discovery) learning approaches in ways that depend on a set of defined specific factors.

Keywords: cognitive load, explicit instruction, exploratory learning, worked examples

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846 Investigating the Subjective Factors Related to the Need for Psychological Help of the College Students

Authors: Ismail Ay

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In this study, it is aimed to analyze the relations of the factors such as the learned resourcefulness, self-efficacy, self-regulation and subjective well-being which are thought to affect the needs of the university students for psychological help and to determine if the subjective well-being mediates other factors in the prediction of the needs of the university students for psychological help. The population of the study is formed of undergraduates who get education in 16 faculties in the central campus of the University of Atatürk in the spring term of 2012-2013 academic years. The sample of the study is formed of 1205 undergraduates (female=666, 55,3 %; male=539, 44,7 %; average of age =21,49; Sd=2,18) selected from the mentioned universe by convenience sampling method. “Need for Psychological Help Scale” has been developed as a part of the study to determine the needs for psychological help. “Short Self-Regulation Questionnaire” has been adapted into Turkish to determine the self-regulation skills. Apart from these, Rosenbaum’s Learned Resourcefulness Scale, General Self-Efficacy Scale and to determine subjective well-being; Satisfaction with Life Scale and Positive and Negative Affect Scale have been used within the study. SPSS 22.0 and LISREL 9.1 have been used in the analysis of the data. Pearson product-moment correlation, descriptive analysis, factor analysis and path analysis to test the research hypothesis has been used in the study. According to obtained data, the learned resourcefulness factor does not predict the subjective well-being; however, it highly predicts the self-regulation and self-efficacy factors. It has been determined that the self-regulation and self-efficacy factors predict the subjective well-being in a positive way and medium level, and subjective well-being mediates self-regulation and self-efficacy factors to predict the needs for psychological help. It was also determined that subjective well-being predicts the needs for psychological help in a negative way and fair level. All these results have been discussed in terms of the related theories and literature, and several suggestions have been made.

Keywords: need for psychological help, self-regulation, self-efficacy, learned resourcefulness, subjective well-being, Maslow, psychological needs

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845 Personal Characteristics and Personality Traits as Predictors of Compassion Fatigue among Counselors from Dominican Schools in the Philippines

Authors: Neil Jordan M. Uy, Fe Pelilia V. Hernandez

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A counselor is always regarded as a professional who embodies the willingness to help others through the process of counseling. He is knowledgeable and skillful of the different theories, tools, and techniques that are useful in aiding the client to cope with their dilemmas. The negative experiences of the clients that are shared during the counseling session can affect the professional counselor. Compassion fatigue, a professional impairment, is characterized by the decline of one’s productivity and the feeling of anxiety and stress brought about as the counselor empathizes, listens, and cares for others. This descriptive type of research aimed to explore variables that are predictors of compassion fatigue utilizing three research instruments; Demographic Profile Sheet, Professional Quality of Life Scale, and Neo-Pi-R. The 52 respondents of this study were counselors from the different Dominican schools in the Philippines. Generally, the counselors have low level of compassion fatigue across personal characteristics (age, gender, years of service, highest educational attainment, and professional status) and personality traits (extraversion, agreeableness, conscientiousness, openness, and neuroticism). ANOVA validated the findings of this that among the personal characteristics and personality traits, extraversion with f-value of 3.944 and p-value of 0.026, and conscientiousness, with f-value of 4.125 and p-value of 0.022 were found to have significant difference in the level of compassion fatigue. A very significant difference was observed with neuroticism with f-value of 6.878 and p-value 0.002. Among the personal characteristics and personal characteristics, only neuroticism was found to predict compassion fatigue. The computed r2 value of 0.204 using multiple regression analysis suggests that 20.4 percent of compassion fatigue can be predicted by neuroticism. The predicting power of neuroticism can be computed from the regression model Y=0.156x+26.464; where x is the number of neuroticism.

Keywords: big five personality traits, compassion fatigue, counselors, professional quality of life scale

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844 A Global Organizational Theory for the 21st Century

Authors: Troy A. Tyre

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Organizational behavior and organizational change are elements of the ever-changing global business environment. Leadership and organizational behavior are 21st century disciplines. Network marketing organizations need to understand the ever-changing nature of global business and be ready and willing to adapt to the environment. Network marketing organizations have a challenge keeping up with a rapid escalation in global growth. Network marketing growth has been steady and global. Network marketing organizations have been slow to develop a 21st century global strategy to manage the rapid escalation of growth degrading organizational behavior, job satisfaction, increasing attrition, and degrading customer service. Development of an organizational behavior and leadership theory for the 21st century to help network marketing develops a global business strategy to manage the rapid escalation in growth that affects organizational behavior. Managing growth means organizational leadership must develop and adapt to the organizational environment. Growth comes with an open mind and one’s departure from the comfort zone. Leadership growth operates in the tacit dimension. Systems thinking and adaptation of mental models can help shift organizational behavior. Shifting the organizational behavior requires organizational learning. Organizational learning occurs through single-loop, double-loop, and triple-loop learning. Triple-loop learning is the most difficult, but the most rewarding. Tools such as theory U can aid in developing a landscape for organizational behavioral development. Additionally, awareness to espoused and portrayed actions is imperatives. Theories of motivation, cross-cultural diversity, and communications are instrumental in founding an organizational behavior suited for the 21st century.

Keywords: global, leadership, network marketing, organizational behavior

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843 Not Three Gods but One: Why Reductionism Does Not Serve Our Theological Discourse

Authors: Finley Lawson

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The triune nature of God is one of the most complex doctrines of Christianity, and its complexity is further compounded when one considers the incarnation. However, many of the difficulties and paradoxes associated with our idea of the divine arise from our adherence to reductionist ontology. In order to move our theological discourse forward, in respect to divine and human nature, a holistic interpretation of our profession of faith is necessary. The challenge of a holistic interpretation is that it questions our ability to make any statement about the genuine, ontological individuation of persons (both divine and human), and in doing so raises the issue of whether we are, ontologically, bound to descend in to a form of pan(en)theism. In order to address the ‘inevitable’ slide in to pan(en)theism. The impact of two forms of holistic interpretation, Boolean and Non-Boolean, on our concept of personhood will be examined. Whilst a Boolean interpretation allows for a greater understanding of the relational nature of the Trinity, it is the Non-Boolean interpretation which has greater ontological significance. A Non-Boolean ontology, grounded in our scientific understanding of the nature of the world, shows our quest for individuation rests not in ontological fact but in epistemic need, and that it is our limited epistemology that drives our need to divide that which is ontologically indivisible. This discussion takes place within a ‘methodological’, rather than ‘doctrinal’ approach to science and religion - examining assumptions and methods that have shaped our language and beliefs about key doctrines, rather than seeking to reconcile particular Christian doctrines with particular scientific theories. Concluding that Non-Boolean holism is the more significant for our doctrine is, in itself, not enough. A world without division appears much removed from the distinct place of man and divine as espoused in our creedal affirmation, to this end, several possible interpretations for understanding Non-Boolean human – divine relations are tentatively put forward for consideration.

Keywords: holism, individuation, ontology, Trinitarian relations

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