Search results for: consumer rights

Authors: Chih-Wen Wu

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This study examines the antecedents of heritage tourism loyalty and its relation to destination image, consumer travel experience, and destination satisfaction in the tourism context. In this respect, a number of important questions concerning how destination image, consumer travel experience, and destination satisfaction impact destination loyalty are raised. This study attempts to identify three key antecedents of loyalty in the heritage context. The author empirically tests predicted relationships by using personal interview data from 475 foreign tourists. The conceptual model investigated the relevant relationships among the constructs by using confirmatory factor analysis(CFA) and structural equation modeling (SEM) approach. Findings from the research sample support the argument that destination image, consumer travel experience, destination satisfaction are the key determinants of destination loyalty. Destination image and consumer travel experience influence destination satisfaction. The author also discusses theoretical and managerial implications of research findings for marketing the heritage globally.

Keywords: heritage, destination loyalty, destination image, consumer travel experience, destination satisfaction, tourism

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Authors: A. G. Matveev

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The copyrights system is a combination of different elements. The number, content and the correlation of these elements are different for different legal orders. The models of copyrights systems display this system in terms of the interaction of economic and author's moral rights. Monistic and dualistic models are the most popular ones. The article deals with different points of view on the monism and dualism in copyright system. A specific model of the copyright in Switzerland in the XXth century is analyzed. The evolution of a French dualistic model of copyright is shown. The author believes that one should talk not about one, but rather about a number of dualism forms of copyright system.

Keywords: copyright, exclusive copyright, economic rights, author's moral rights, rights of personality, monistic model, dualistic model

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Authors: Francesco Pinci

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This study focuses on sustainability and consumer behavior in relation to packaging aesthetics. It investigates the significance of product packaging as a potent marketing tool with a specific emphasis on commercially available pasta as a case study. The research delves into the visual components of packaging, encompassing aspects such as color, shape, packaging material, and logo design. The findings of this study hold particular relevance for food and beverage companies as they seek to gain a comprehensive understanding of the factors influencing consumer purchasing decisions. Furthermore, the study places a significant emphasis on the sustainability aspects of packaging, exploring how eco-friendly and environmentally conscious packaging choices can impact consumer preferences and behaviors. The insights generated from this research contribute to a more sustainable approach to packaging practices and inform marketers on the effective integration of sustainability principles in their branding strategies. Overall, this study provides valuable insights into the dynamic interplay between aesthetics, sustainability, and consumer behavior, offering practical implications for businesses seeking to align their packaging practices with sustainable and consumer-centric approaches. In this study, packaging designs and images from the website of Eataly US.Eataly is one of the leading distributors of authentic Italian pasta worldwide, and its website serves as a rich source of packaging visuals and product representations. By analyzing the packaging and images showcased on the Eataly website, the study gained valuable insights into consumer behavior and preferences regarding pasta packaging in the context of sustainability and aesthetics.

Keywords: consumer behaviour, sustainability, food marketing, neuromarketing

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Authors: Anna Wiltshire, Rebecca Markham

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Over the last decade, a growing body of evidence has indicated that children with disabilities are often amongst the most excluded and vulnerable in society. The World Bank estimates that 20% of those living in poverty in developing countries are disabled which means that those with the least bear the greatest burden. Furthermore, children with disabilities in Africa have to face a multitude of difficulties ranging from the physical to the psychological. Misconceptions and cultural beliefs are used to justify violence against, or complete shunning of these individuals and their families. In addition, discrimination can prevent access to both education and health services, further compromising these individuals. All children, irrespective of their disability should be able to enjoy human rights without discrimination, but this is often not the case. This poster explores how and why children with disabilities in Africa are subject to violations of their human rights, and suggests ways of addressing these problems.

Keywords: Africa, children, disability, discrimination, human rights

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Authors: Xiaoman Dong

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The refugee problem has a long history, but the scale and severity of modern refugee crises demand us to consider if the progress of political history exacerbates the refugee problem. This paper argues that although sovereignty owes its legitimacy to the protection of human rights, the modern state system complicates the refugee problem by first introducing then blurring the line between human rights and civil rights, and making national identity indispensable to basic livelihood and dignity. This paper first explains the source of the modern state system’s legitimacy by putting it in the context of social contract theories and the politics of nation-building. It then discusses how states create the concept of statelessness, which leads to more violations on human rights. Using historical records of the League of Nations High Commission for Refugees and the United Nations High Commissioner for Refugees, this paper reveals that neither the refugee problem of the Cold-War period nor the current refugee crisis is collateral damage of war, but rather the consequence of intentional exclusionary policies produced out of political interests. Finally, it contends that if the modern state system is to sustain, it cannot prioritize the protection of civil rights of a particular group over the protection of basic human rights of all.

Keywords: burden sharing, human rights, legitimacy of state, positive externality, sovereignty

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Authors: E. Grochowska-Niedworok, K. Brukało, M. Kardas

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The aim of this study was to analyze and evaluate the consumption of functional food by consumers by: age, sex, formal education level, place of residence and diagnosed diseases. The study employed an ad hoc questionnaire in a group of 300 inhabitants of Upper Silesia voivodship. Knowledge of functional food among the group covered in the study was far from satisfactory. The choice of functional food was of intuitive character. In addition, the group covered was more likely to choose pharmacotherapy instead of diet-related prevention then, which can be associated with presumption of too distant effects and a long period of treatment.

Keywords: consumer choice, functional food, healthy lifestyle, consumer knowledge

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Authors: Hokuma Isgandarova, Khalil Aryanfar

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The patient's rights include all care items that the patient has the right to receive. Considering the growing importance of this important issue and its effect on improving treatment results and customer satisfaction, the present study was conducted with the aim of investigating the level of respect for patient rights in the physiotherapy clinic of the Faculty of Medicine University of Medical Sciences in 2023. In this study, the patients or companions who were referred to the clinic answered questions about the performance status of the clinic with respect to various aspects of the patient's rights. The aspects that were studied: choosing the service provider, having authority, respect, safety, prevention and access were found to have inappropriate performance scores. However, communication and interaction, continuity of service, quality of basic facilities and facilities, timely and immediate attention and trust had appropriate performance. Also, the results of the data analysis showed that there is no significant relationship between the total performance score and any of the demographic variables.

Keywords: compliance, patients' rights, physiotherapy clinic, performance level

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Authors: Wilhelmus Hary Susilo

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The marketplace would have at least some resources that are unique (e.g., well communication, knowledgeable employees, consumer value, effective transaction, efficient production processes and institutional branding). The institutions should have an advantage in resources and then could lead to positions of competitive advantage. These major challenges focus on increasing unique consumer value on reliable purchases that influence of loyalty and pursuit of a sustainable competitive advantage from the Institutions in Jakarta. Furthermore, a research was conducted with a quantitative method and a confirmatory strategic research design. The research resulted in entire confirmatory factors analysis (1st CFA and 2nd CFA) among variables pertains to; χ2//Df (9.30, 4.38, 6.95, 2.76, 2.97, 2.91, 2.32 and 6.90), GFI (0.72, 0.82, 0.82, 0.81, 0.78, 0.84, 0.89 and 0.70) and CFI (0.90, 0.95, 0.93, 0.92, 0.95, 0.91, 0.96 and 0.89), which indicates a good model. Furthermore, the hybrid model is well fit with, χ2//Df=1.84, P value = 0.00, RMSEA = 0.076, GFI = 0.76, NNFI= 0.95, PNFI= 0.82, IFI= 0.96, RFI= 0.91, AGFI= 0.71 and CFI= 0.96. The result was significant hypothesis, i.e. variables of communitization marketing 3.0 and price perception influenced to unique value of consumer with tvalue =4.46 and 5.89. Furthermore, the consumers value influenced the purchasing with t value = 5.94. Additionally, the loyalty, the ‘communitization’, and the character building marketing 3.0 are affecting the pursuit of a sustainable competitive advantage from institutions with t value = 7.57, -2.12, and 2.04. Finally, the test between the most superior variable dimensions is significantly correlated between INOV and WDES, RESPON and ATT covariance matrix value= 0.72 and 0.71. Thus, ‘communitization’ and character building marketing 3.0 with dimensions of responsibility and technologies would increase a competitive advantage with the dimensions of the innovation and the job design from the institutions.

Keywords: consumer loyalty, marketing 3.0, unique consumer value, purchase, sustainable competitive advantage

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Authors: Ana Hol

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Technological inventions such as websites, blogs, smartphone applications are on a daily basis influencing our decision making, are improving our productivity and are shaping futures of many consumer and service/product providers. This research identifies that these days both customers and providers heavily rely on smart phone applications. With this in mind, iTunes mobile applications store has been studies. It was identified that food related applications used by consumers can broadly be categorized into purchase apps, diaries, tracking health apps, trip farm location apps and cooking apps. On the other hand, apps used by farmers can be classified as: weather apps, pests / fertilizer app and general Facebook apps. With the aim to blur this farmer-consumer divide our research utilizes Context Specific eTransformation Framework and based on it identifies characteristic of the app that would allow this to happen.

Keywords: smart phone applications, SME - farmers, consumer, technology, business innovation

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Authors: Farangiz Davranbekova

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Subject: The study explores the impact of Over-the-Top services in the sports rights market, focusing on football games. This impact is analysed in the big five European football markets. The research entails how the pay-TV market is combating the disruptors' entry, how the fans are adjusting to these changes and how leagues and football clubs are orienting in the transitional period of more choice. Aims and methods: The research aims to offer a general overview of the impact of OTT players in the football rights market. A theoretical framework of Jenkins’ five layers of convergence is implemented to analyse the transition the sports rights market is witnessing from various angles. The empirical analysis consists of secondary research data as and seven expert interviews from three different clusters. The findings are bound by the combination of the two methods offering general statements. Findings: The combined secondary data as well as expert interviews, conducted on five layers of convergence found: 1. Technological convergence presents that football content is accessible through various devices with innovative digital features, unlike the traditional TV set box. 2. Social convergence demonstrates that football fans multitask using various devices on social media when watching the games. These activities are complementary to traditional TV viewing. 3. Cultural convergence points that football fans have a new layer of fan engagement with leagues, clubs and other fans using social media. Additionally, production and consumption lines are blurred. 4. Economic convergence finds that content distribution is diversifying and/or eroding. Consumers now have more choices, albeit this can be harmful to them. Entry barriers are decreased, and bigger clubs feel more powerful. 5. Global convergence shows that football fans are engaging with not only local fans but with fans around the world that social media sites enable. Recommendation: A study on smaller markets such as Belgium or the Netherlands would benefit the study on the impact of OTT. Additionally, examination of other sports will shed light on this matter. Lastly, once the direct-to-consumer model is fully taken off in Europe, it will be of importance to examine the impact of such transformation in the market.

Keywords: sports rights, OTT, pay TV, football

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Authors: Luciana Steffen

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People with disabilities are often neglected in the exercise of their sexuality, facing several prejudices and discrimination in this area. For women with disabilities, the negligence is even major. Studies that relate sexual and reproductive rights with the experience of women with disabilities are rare, and in the field of Theology, practically nonexistent in Brazil. The aim of this work is to reflect on the relationship between women with disabilities, sexual and reproductive rights and Theology, according to a feminist perspective. The work is a literature review and involves the areas of Gender Studies, Disability Studies, Feminist Studies and Theology. In the article it will be addressed the relations between disability, sexual and reproductive rights, feminism, as well as the relations with the area of Theology, reflecting on these themes toward a fairer and more inclusive understanding of feminism, sexuality and women with disabilities. To reflect on sexual and reproductive rights of women with disabilities, it is important to reflect on religious concepts about the body, sexuality, reproduction and gender roles, because they are all connected. So, a critical analysis of traditional theological values taking into consideration the dimensions of sexuality and women with disability is important for a more liberating and inclusive understand about sexual and reproductive rights of women with disabilities. Theology should help the other areas in the understanding that all people have the right to live their lives with completeness, dignity and respect, so women with disabilities must have the opportunity of making their own choices on the fields of sexuality and reproduction.

Keywords: gender, disability, sexual and reproductive rights, theology

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Authors: Manushi Srivastava

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Introduction: Doctor’s role, and relation with respect to patient care is at the core of medical ethics. The rapid pace of medical advances along with increasing consumer awareness about their rights and hike in cost of effective health care demand a robust, transparent and patient-friendly medical care system. However, doctors’ role performance is still in the frame of activity-passivity model of Doctor-Patient Relationship (DPR) where doctors act as parent and use to instruct their patients, without their consensus that is not going to help in the 21st century. Thus the current situation is a new challenge for traditional doctor-patient relationship after the introduction of Consumer Protection Act (CPA) in medical profession and the same is evidenced by increasing cases of medical litigation. To strengthen this system of medical services, the doctor plays a vital role, and the same should be reviewed in the present context. Objective: To understand the opinion of consultants regarding medical negligence and effect of Consumer Protection Act in terms of current practices of patient care. Method: This is a cross-sectional study in which both quantitative and qualitative methods are applied. Total 69 consultants were selected from multi-specialty hospitals of densely populated Varanasi city catering a population of about 1.8 million. Two-stage sampling was used for selection of respondents. At the first stage, selection of major wards (Medicine, Surgery, Ophthalmology, Gynaecology, Orthopaedics, and Paediatrics) was carried out, which are more susceptible to medical negligence. At the second stage, selection of consultants from the respective wards was carried out. In-depth Interviews were conducted with the help of semi-structured schedule. Two case studies of medical negligence were also carried out as part of the qualitative study. Analysis: Data were analyzed with the help of SPSS software (21.0 trial version). Semi-structured research tool was used to know consultant’s opinion about the pattern of medical negligence cases, litigations and claims made by patient community and inclusion of government medical services in CPA. Statistical analysis was done to describe data, and non-parametric test was used to observe the association between the variables. Analysis of Verbatim was used in case-study. Findings and Conclusion: Majority (92.8%) of consultants felt changes in the behaviour of community (patient) after implementation of CPA, as it had increased awareness about their rights. Less than half of the consultants opined that Medical Negligence is an Unintentional act of doctors and generally occurs due to communication gap and behavioural problem between doctor and patients. Experienced consultants ( > 10 years) pointed out that unethical practice by doctors and mal-intention of patient to harass doctors were additional reasons of Medical Negligence. In-depth interview revealed that now patients’ community expects more transparency and hence they demand cafeteria approach in diagnosis and management of cases. Thus as study results, we propose ‘Agreement Model’ of DPR to re-ensure ethical practice in medical profession.

Keywords: doctors, communication, consumer protection act (CPA), medical error

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Authors: Muhammad Sheeraz, Mehwish Ejaz

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This study endeavors to enhance the understanding of the determinants of oppositional brand loyalty, particularly within the context of fans of a sports brand. The primary focus is on investigating how oppositional brand loyalty fosters rivalry among the fans and exploring the interplay between various variables, namely self-congruence, consumer brand identification, consumer brand engagement, and narcissism, in influencing the likelihood of endorsing a rival team. The research adopts a cross-sectional survey methodology, employing a structured questionnaire distributed both online and onsite to gather responses from a representative sample of 460 PSL fans in Pakistan. The data collection process involved obtaining responses from diverse settings, including universities, shopping malls, and other public spaces frequented by PSL enthusiasts. Participants were prompted to indicate their allegiance to a specific PSL team and subsequently respond to the questionnaire based on their preferences. The findings of the study reveal that narcissism, as a moderating factor, exhibits no significant influence on consumer brand identification, consumer brand engagement, and oppositional brand loyalty. However, it does emerge as a significant moderator in the relationship between self-congruence and consumer brand identification. Particularly, consumers express brand identification through self-congruence, elucidating the existence of oppositional sentiments among PSL fans and their counterparts supporting rival teams. The implications of these results underscore the importance for marketers to establish a brand identity that resonates with consumers on a personal level. Such an approach fosters a strong sense of identification with the brand, prompting consumers to vigorously defend and support their favored brands, even in the face of opposition from rival teams. Marketers are encouraged to focus on cultivating long-term consumer loyalty, as it proves pivotal in maintaining a competitive advantage over industry counterparts.

Keywords: oppositional brand loyalty, consumer brand identification, consumer brand engagement, narcissism, self-congruence

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Authors: Rana Muhammad Ayyub, Muhammad Bilal, Tahir Mahmood

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In multicultural societies, food preferences are taking dimensions in both minorities as well as majority ethnic groups. The food consumption behavior of minority ethnic groups has been studied adequately; however, this paper intends to study the consumer behavioral dimensions of majority ethnic groups regarding Halal foods (a minority-related food) in the USA. In this quantitative study, the online questionnaire survey (n=223) was collected through surveymonkey.com from non-Muslims living in various cities in the USA through random sampling. The theory of consumer animosity was a theoretical underpinning. The validated scales were adopted and adapted for all constructs. AMOS 24 was used to apply structural equation modelling (SEM) to the data. Among the majority of ethnic groups, it was found that consumer racism (β= -25) and consumer animosity (β= - 27) negatively affect intention to choose Halal foods, whereas food neophobia has a positive effect (β=36) on this intention. This study will prove instrumental in removing the blame of “Marketing Myopia” from marketing academics and will highlight the importance of prevalent market realities for one of the fastest growing ethnic food markets, i.e., Halal of the world. It has practical implications for Halal food marketers in particular and other ethnic food marketers in general.

Keywords: consumer racism, animosity, Halal foods, ethnic consumption, food neophobia

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Authors: Nilamadhab Mohanty

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It is essential to use message formats that make communication understandable and correct. It is because; the information format can influence consumer decision on the purchase of a product. This study combines information from qualitative inquiry, media trend analysis, eye tracking experiment, and questionnaire data to examine the impact of specific message format and consumer perceived risk on attention to the information and risk retention. We investigated the influence of message framing (goal framing, attribute framing, and mix framing) on consumer memory, study time, and decisional uncertainty while deciding on the purchase of drugs. Furthermore, we explored the impact of consumer perceived risk (associated with the use of the drug, i.e., RISK-AB and perceived risk associated with the non-use of the drug, i.e., RISK-EB) on message format preference. The study used eye-tracking methods to understand the differences in message processing. Findings of the study suggest that the message format influences information processing, and participants' risk perception impacts message format preference. Eye tracking can be used to understand the format differences and design effective advertisements.

Keywords: message framing, consumer perceived risk, advertising, eye tracking

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Authors: Taezoon Park, Wonil Hwang

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This study aims to build a design guideline for the effective visual display used for consumer products considering user characteristics; gender and age. Although a number of basic experiments identified the limits of human visual perception, the findings remain fragmented and many times in an unfriendly form. This study compiled a design cases along with tables aggregated from the experimental result of visual perception; brightness/contrast, useful field of view, color sensitivity. Visual design elements commonly used for consumer product, were selected and appropriate guidelines were developed based on the experimental result. Since the provided data with case example suggests a feasible design space, it will save time for a product designer to find appropriate design alternatives.

Keywords: design guideline, consumer product, visual design element, visual perception, emotional design

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Authors: Alfons Aziz Asaad Hozain

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The goal of sustainable architecture is to design buildings that have the least negative impact on the environment and provide better conditions for people. What forms of development enhance the area? This question was asked at the Center for the Study of Spatial Development and Building Forms in Cambridge in the late 1960s. This has resulted in many influential articles that have had a profound impact on the practice of urban planning. This article focuses on the sustainability outcomes caused by the climatic conditions of traditional Iranian architecture in hot and dry regions. Since people spend a lot of time at home, it is very important that these homes meet their physical and spiritual needs as well as the cultural and religious aspects of their lifestyle. In a country as large as Iran with different climates, traditional builders have put forward a number of logical solutions to ensure human comfort. With these solutions, the environmental problems of the have long been solved. Taking into account the experiences of traditional architecture in Iran's hot and dry climate, sustainable architecture can be achieved.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security

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Authors: Nandita Narayan

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In most constitutional democracies, courts have been the gatekeepers of fundamental rights. The task of determining whether a violation is in fact justified, therefore, is judicial. Any state action, legislative or administrative, has to be tested by the application of two standards – first, the action must be within the scope of the authority conferred by law and, second, it must be reasonable. If any action, within the scope of the authority conferred by law is found to be unreasonable, it will be struck down as unconstitutional or ultra vires. This paper seeks to analyse the varying standards of reasonableness adopted by the Supreme Court of India where there is a violation of fundamental rights by state action. This is sought to be done by scrutinising case laws and classifying the legality of the violation under one of three levels of judicial scrutiny—strict, intermediate, or weak. The paper concludes by proving that there is an irregularity in the standards adopted, thus resulting in undue discretionary power of the judiciary which strikes at the very concept of reasonableness and ultimately becomes arbitrary in nature. This conclusion is reached by the comparison of reasonableness review of fundamental rights in other jurisdictions such as the USA and Canada.

Keywords: constitutional law, judicial review, fundamental rights, reasonableness, India

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Authors: Cherouk Amr Yassin

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This study aims to provide insight into consumer decision-making, which has become very complicated to understand and predict in the existing world of sustainable development. The deficiency of a good understanding of the tourist's perception and attitude toward sustainable development in the tourism industry may impede the ability of organizations to build a sustainable marketing orientation and may negatively influence predicted consumer response. Therefore, this research paper adds further insights into the attitude toward recommended eco-friendly hotel advertisements and their effect on the purchase intention of eco-friendly services. Structural equational modeling was completed to realize the effects of the variables under investigation. The findings revealed that consumer decision-making in choosing eco-friendly hotels is affected by the positive attitude toward sustainable development ads, influenced by informativeness and credibility as values perceived by eco-friendly hotels. This study provides practical implications for tourism, marketers, hotel managers, promoters, and consumers.

Keywords: attitude, consumer behavior, consumer decision making, eco-friendly hotels, perception, the tourism industry

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Authors: Anjali Sharma, R. R. K. Sharma

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The purpose of this study is to examine relationships between personality factors and customer switching for services. Earlier research was directed towards establishing relationship between individual personality traits and customer switching variables considering five-factors model comprised of five personality dimensions (OCEAN), in which personality was not the only influencing factor. Moreover, these works were found to be focused on products and not services. In contrast, the current study is aimed at investigating role of personality using Myer Briggs Type indicator (MBTI) as well as Five-Big Factors, on customer switching and building the conceptual framework on services rather than products. MBTI also known as four opposite pairs or dichotomies of personality dimensions are studied using different levels Involvement (High, Low) of consumer and Value of service-offering (Value for money and Premium) as moderators associated with Consumer Switching. The study is unique in sense that consequences of these indicators of personality on switching behavior has never been studied using considering moderating effect of involvement and value of services. According to our prepositions for a more Extrovert, Intuitive Personality the switching is going to be high whereas the switching is going to be less for an Introvert, Judgmental kind of personality. Similarly, for a consumer with high Neuroticism and Agreeableness the switching would be less as compared to an Open and Conscious Personality type. These level differs with level of a consumer’s involvement and type of a service being offered based on its value.

Keywords: consumer switching, involvement, Myer Briggs personality type indicators, personality, value of service

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Authors: Fahad Javed, Tasneem Akhter, Maria Zafar, Adnan Shafique

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Evaluation and quantification of techniques is critical element of research and development of technology. Simulations and models play an important role in providing the tools for such assessments. When we look at technologies which impact or is dependent on an average Joe consumer then modeling the socio-economic and psychological aspects of the consumer also gain an importance. For feed in tariff for home consumers which is being deployed for average consumer may force many consumers to be adapters of the technology. Understanding how consumers will adapt this technologies thus hold as much significance as evaluating how the techniques would work in consumer agnostic scenarios. In this paper we first build the case for simulators which accommodate socio-economic realities of the consumers to evaluate smart grid technologies, provide a glossary of data that can aid in this effort and present an abstract model to capture and simulate consumers' adaptation and behavioral response to smart grid technologies. We provide a case study to express the power of such simulators.

Keywords: smart grids, simulation, socio-economic parameters, feed in tariff (FiT), forecasting

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Authors: Chris Preston

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As we devise ever more sophisticated methods of on-line marketing, devising systems that are able to reach into the everyday lives of consumers, we are confronted by a generation of children who face unprecedented intervention by commercial organisations into young minds, via electronic devices, and whether by computer, tablet or phone, such children have been somehow reduced to the status of their devices, with little regard for their well being as individuals. This discussion paper seeks to draw attention to such practice and questions the ethics of digital marketing methods.

Keywords: online marketing to children, online research of children, online targeting of children, consumer rights, ethics

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Authors: Vanja Skoric

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The paper examines whether the impacts of artificial intelligence (AI) can be meaningfully addressed through the rights-based approach to AI design, investigating in particular how the inclusive, participatory process of assessing the AI impact would make this viable. There is a significant gap between envisioning rights-based AI systems and their practical application. Plausibly, internalizing human rights approach within AI design process might be achieved through identifying and assessing implications of AI features human rights, especially considering the case of vulnerable individuals and communities. However, there is no clarity or consensus on how such an instrument should be operationalised to usefully identify the impact, mitigate harms and meaningfully ensure relevant stakeholders’ participation. In practice, ensuring the meaningful inclusion of those individuals, groups, or entire communities who are affected by the use of the AI system is a prerequisite for a process seeking to assess human rights impacts and risks. Engagement in the entire process of the impact assessment should enable those affected and interested to access information and better understand the technology, product, or service and resulting impacts, but also to learn about their rights and the respective obligations and responsibilities of developers and deployers to protect and/or respect these rights. This paper will provide an overview of the study and practice of the participatory design process for AI, including inclusive impact assessment, its main elements, propose a framework, and discuss the lessons learned from the existing theory. In addition, it will explore pathways for enhancing and promoting individual and group rights through such engagement by discussing when, how, and whom to include, at which stage of the process, and what are the pre-requisites for meaningful and engaging. The overall aim is to ensure using the technology that works for the benefit of society, individuals, and particular (historically marginalised) groups.

Keywords: rights-based design, AI impact assessment, inclusion, harm mitigation

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Authors: Fatimah Opebiyi

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Economic growth promotion, inflation reduction and consumer protection are among the core public interest aims of governments. Nevertheless, higher rates of default by consumers in relation to credit card loans and mortgages in recent times illustrate that government’s performance in balancing the protection of the economy and consumer is subpar. This thereby raises an important question on the role of government in protecting consumers during prolonged spells of inflation, particularly when such inflationary trends may be traceable to the acts of the government. Adopting a doctrinal research methodology, this article investigates the evolution of the concept of consumer protection in the United Kingdom and also brings to the fore the tensions and conflicts of interests in the aims and practices of the main regulators within the financial services industry. Relying on public interest theories of regulation and responsive regulatory theory, the article explores the limitations in the state’s ability to strike the right balance in meeting regulatory aims of the regulatory agencies at the opposite ends of the spectrum.

Keywords: financial regulation, consumer protection, prudential regulation, public interest theories of regulation, central bank

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Authors: Manuel Branco

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This paper argues that mainstream economics is one of the reasons that can explain the difficulty in fully realizing human rights because its logic is intrinsically contradictory to human rights, most especially economic, social and cultural rights. First, its utilitarianism, both in its cardinal and ordinal understanding, contradicts human rights principles. Maximizing aggregate utility along the lines of cardinal utility is a theoretical exercise that consists in ensuring as much as possible that gains outweigh losses in society. In this process an individual may get worse off, though. If mainstream logic is comfortable with this, human rights' logic does not. Indeed, universality is a key principle in human rights and for this reason the maximization exercise should aim at satisfying all citizens’ requests when goods and services necessary to secure human rights are at stake. The ordinal version of utilitarianism, in turn, contradicts the human rights principle of indivisibility. Contrary to ordinal utility theory that ranks baskets of goods, human rights do not accept ranking when these goods and services are necessary to secure human rights. Second, by relying preferably on market logic to allocate goods and services, mainstream economics contradicts human rights because the intermediation of money prices and the purpose of profit may cause exclusion, thus compromising the principle of universality. Finally, mainstream economics sees human rights mainly as constraints to the development of its logic. According to this view securing human rights would, then, be considered a cost weighing on economic efficiency and, therefore, something to be minimized. Fully realizing human rights needs, therefore, a different approach. This paper discusses a human rights-based political economy. This political economy, among other characteristics should give up mainstream economics narrow utilitarian approach, give up its belief that market logic should guide all exchanges of goods and services between human beings, and finally give up its view of human rights as constraints on rational choice and consequently on good economic performance. Giving up mainstream’s narrow utilitarian approach means, first embracing procedural utility and human rights-aimed consequentialism. Second, a more radical break can be imagined; non-utilitarian, or even anti-utilitarian, approaches may emerge, then, as alternatives, these two standpoints being not necessarily mutually exclusive, though. Giving up market exclusivity means embracing decommodification. More specifically, this means an approach that takes into consideration the value produced outside the market and an allocation process no longer necessarily centered on money prices. Giving up the view of human rights as constraints means, finally, to consider human rights as an expression of wellbeing and a manifestation of choice. This means, in turn, an approach that uses indicators of economic performance other than growth at the macro level and profit at the micro level, because what we measure affects what we do.

Keywords: economic and social rights, political economy, economic theory, markets

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Authors: Achutha Raman

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Today's brave new world features a bonanza of digitally interconnected products, or ‘things,’ that improve convenience, possibilities, and in some cases efficiency for consumers. Nonetheless, even as the market accelerates, this Internet of ‘things’ is subject to substantial leakage of consumer personal data. First defining the fluid concept of ‘things,’ this paper subsequently uses case studies taken from the EU, Asia, and the US, to highlight large gaps and comprehensively evaluate the state of security for consumer ‘things.’ Ultimately, this paper offers several ways of improving the present status quo, and especially focuses on an evaluative approach that augments the standard mechanism of Firmware Over the Air Updates, and ought to be easily implementable.

Keywords: cybersecurity, FOTA, Internet of Things, transnational privacy

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Authors: Amy Gooden

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Despite its prevalence, direct-to-consumer genetic testing (DTC-GT) remains under-investigated in South Africa (SA), and the issue of regulation is yet to be examined. Therefore, this research maps the current legal landscape relating to DTC-GT in SA through a legal analysis of the extant law relevant to the industry and the issues associated therewith – with the intention of determining if and how DTC-GT is legally governed. This research analyses: whether consumers are legally permitted to collect their saliva; whether DTC-GT are medical devices; licensing, registering, and advertising; importing and exporting; and genetic research conducted by companies.

Keywords: direct-to-consumer genetic testing, genetic testing, health, law, regulation, South Africa

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Authors: Cassandra Seery

Abstract:

During the twentieth century, the notion of child rights at the international level began with the League of Nations’ Geneva Declaration of the Rights of the Child 1924, culminating in the development and adoption of the UN Convention on the Rights of the Child (‘the Convention’) in 1989. A key foundation of child rights lies in the development of the ‘best interests of the child’ principle and its subsequent incorporation into domestic legislation across the globe. This principle has become a key concept in child rights protection and has become a widely recognized principle in the protection of child rights. However, despite its status as the primary operating standard in child and family law and its ‘deepening hold in domestic and international instruments’, the meaning of the ‘best interests of the child’ principle has been criticised as open-ended and vague. This paper explores the evolution and development of the principle in the context of parental separation at international law throughout the 21st century and identifies opportunities for the Nation States to further improve legislative responses in associated child protection cases. An extensive review of relevant United Nations documentation (including instruments, resolutions and comments, jurisprudence, reports, guidelines and policies, training materials and so forth) explores: (i) what progress has been made to further develop the principle at the international level with regard to parental separation; and (ii) what developments participating the Nation States should consider as part of future legal and social policy reforms in this space. It will highlight opportunities for improvement and explore the benefit and relevance of international approaches for the Nation States moving forward.

Keywords: international human rights, best interests of the child, legal and social policy, child rights

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Authors: Celine Delacroix

Abstract:

Analyses of global emission scenarios demonstrate that slowing population growth could lead to substantial emissions reductions and play an important role to avoid dangerous climate change. For this reason, the advancement of individual reproductive rights might represent a valid climate change mitigation and adaptation option. With this focus, we reflected on population ethics and the ethical dilemmas associated with environmental degradation and climate change. We conducted a mixed-methods qualitative data study consisting of an online survey followed by in-depth interviews with stakeholders of the reproductive health and rights and environmental sustainability movements to capture the ways in which the linkages between family planning, population growth, and environmental sustainability are perceived by these actors. We found that the multi-layered marginalization of this issue resulted in two processes, the polarization of opinions and its eschewal from the public fora through population reductionism. Our results indicate that stakeholders of the reproductive rights and environmental sustainability movements find that population size and family planning influence environmental sustainability and overwhelmingly find that the reproductive health and rights ideological framework should be integrated in a wider sustainability frame reflecting environmental considerations. This position, whilst majoritarily shared by all participants, was more likely to be adopted by stakeholders of the environmental sustainability sector than those from the reproductive health and rights sector. We conclude that these processes, taken in the context of a context of a climate emergency, threaten to weaken the reproductive health and rights movement.

Keywords: environmental sustainability, family planning, population growth, population ethics, reproductive rights

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Authors: Masoud Raei, Mohammadmahdi Sadeghi

Abstract:

The right to life as the most essential right in human rights issues and in the first group has devoted a special place to itself. Attention to this right and its domain and its reflection in civil rights is one of the most important axis of the rights to life issues. Issues discussed concerning this matter in public law with regard to its status in human rights are the determination of government’s duty toward identification; application and guarantee of this right. The constitutions of countries have chosen different approaches towards the identification of this right and also its limits and boundaries, determining the territory of governments for citizens. The reason for such a difference is the question arising in this regard. It is claimed that without the determination of meaningfulness of the right to life, it is not possible to provide a clear response to this question. The goal of this paper is to justify its theoretical framework from the view of meaningfulness of right to life relying on Quranic verses with a conceptual approach towards the right to life so that the relationship between government and citizens with regard to right to life is determined. Through a comparative study, it is possible to attain significant differences between the teachings of the Holy Quran and human rights documents. The method of this paper is a descriptive-analytic approach relying on interpretation books on Holy Quran.

Keywords: meaningfulness, objectivism, separatism, right to life

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