Search results for: substantive equality
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 460

Search results for: substantive equality

310 Adapting Liability in the Era of Automated Decision-Making: A South African Labour Law Perspective

Authors: Aisha Adam

Abstract:

This study critically examines the transformative impact of automated decision-making (ADM) and artificial intelligence (AI) systems on South African labour law. As AI technologies increasingly infiltrate workplaces, existing liability frameworks face challenges in addressing the unique complexities presented by these innovations. This article explores the necessity of redefining liability to accommodate the nuanced landscape of ADM and AI within South African labour law. It emphasises the importance of ensuring responsible deployment and safeguarding the rights of workers amid evolving technological dynamics. This research investigates the central concern of fairness, bias, and discrimination in ADM and AI decision-making. Focusing on algorithmic bias and discriminatory outcomes, the paper advocates for the integration of mechanisms within the South African legal framework, particularly under the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) and the Employment Equity Act (EEA). The study scrutinises the shifting dynamics of the employment relationship, calling for clear guidelines on the responsibilities and liabilities of employers, employees, and technology providers. Furthermore, the article analyses legal and policy responses to ADM and AI within South African labour law, exploring potential amendments to legislation, guidelines, and codes of practice. It assesses the role of regulatory bodies, specifically the Commission for Conciliation, Mediation, and Arbitration (CCMA), in overseeing and enforcing responsible practices in the workplace. Lastly, the research evaluates the impact of ADM and AI on human and social rights in the South African context. Emphasising the protection of constitutional rights, including fair labour practices, privacy, and equality, the study proposes remedies and safeguards. It advocates for a multidisciplinary approach involving legal, technological, and ethical considerations to redefine liability in South African labour law effectively. The article contends that a shift from accountability to responsibility is crucial for promoting fairness, antidiscrimination, and the protection of human and social rights in the age of automated decision-making. It calls for collaborative efforts among stakeholders to shape responsible practices and redefine liability in this evolving technological landscape.

Keywords: automated decision-making, artificial intelligence, labour law, vicarious liability

Procedia PDF Downloads 52
309 Modern Problems: Solutions from the Prophetic Leadership Strategy

Authors: Sajjad Azeez

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The Leadership of prophet(PBUH) indicates the basic norms of leadership to the society to be lead in the best possible manner. The prophet (PBUH) manifests the world with Justice, equality, humanity, and respect. Because of his leadership strategy, the companions who had to be depicted in the history as uncivilised and ignorant people became someone who caught the eyes of the world. Therefore, it is need of the today to understand the strategy of prophetic leadership in order to construct a good and generous society. However, this paper discusses some of the modern problems which can be solved through implementing the prophetic leadership strategy. References for preparing this paper are taken mainly from the traditions of the prophet (PBUH)

Keywords: prophet Muhammad PBUH, leadership strategy, modern problems, solutions

Procedia PDF Downloads 121
308 Analysis of Changes Being Done of the Mine Legislation of Turkey: Mining Operation Activity Process

Authors: Taşkın Deniz Yıldız, Mustafa Topaloğlu, Orhan Kural

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The right to operate a fairly long periods of prior periods and after the 3213 Mining Law has been observed to be shortened in Turkey. Permit the realization of business activities (or concession) requested the purchase of the mine operated "found mine" position, as well as the financial and technical capability to have the owner of the right to operate the mines as well as the principle of equality is important in terms of assessing the best way be. In particular, in this context, license fields "negligence" (downsizing) have noted that the current arrangement for all periods. However, in the period after 3213 Mining Act and a permit to operate more effectively within the framework of implementation of negligence is laid down.

Keywords: mining legislation, operation, permit, Turkey

Procedia PDF Downloads 381
307 Albinism in the South African Workplace: Reasonable Accommodation of a Black Person Living in a White Skin

Authors: Laetitia Fourie

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Dangerous myths and stereotypes contribute to the fact that persons living with albinism are amongst the most vulnerable groups in society. The prevalence of albinism varies around the world and the World Health Organization estimates that around 1 in 5000 people in Sub-Saharan Africa are affected by this genetic disorder. Persons who are living with the condition usually experience a lack of melanin in their skin, eyes and hair that results in possible physical impairments such as poor eyesight and skin cancers. Being affected by such disorders and consequently classified as an albino, give way for unequal treatment which ultimately requires safeguarding these persons against unfair discrimination - not only on the basis of their race and color (or lack thereof), but also on the basis of their disability. The Constitution of the Republic of South Africa provides that everyone is equal before the law and prohibits unfair discrimination on the grounds of race, color and disability. This right is given effect to by the Employment Equity Act, which strives to eliminate unfair discrimination on similar grounds within any employment policy or practice. An essential non-discrimination measure that can be implemented in the labor market to achieve equality is the duty of reasonable accommodation that rests upon employers. However, reasonable accommodation is only introduced as an affirmative action measure in order to provide equal employment opportunities to the identified designated groups who include black people (defined to include Indians, Chinese and Colored), women and people with disabilities. Even though this duty exists, South African law does not elaborate on the scope of the duty, except for a Disability Code, which does not hold the force of law. Furthermore, in respect of applying affirmative action measures to people with disabilities, the law does not elaborate on the meaning of disability. Considering that persons living with albinism will find it difficult to show that they are black or disabled in order to be acknowledged as part of the designated groups, their access to reasonable accommodation will be limited to a great extent. This paper will aim to illustrate to which extent South African law currently fails to implement its international obligations as a State Party to the Conventions of the United Nations, and how these failures should be corrected in order to serve the needs of all South Africans, including albinos.

Keywords: albinism, disability, equality, South Africa, United Nations

Procedia PDF Downloads 156
306 Optimal Allocation of Oil Rents and Public Investment In Low-Income Developing Countries: A Computable General Equilibrium Analysis

Authors: Paule Olivia Akotto

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The recent literature suggests spending between 50%-85% of oil rents. However, there are not yet clear guidelines for allocating this windfall in the public investment system, while most of the resource-rich countries fail to improve their intergenerational mobility. We study a design of the optimal spending system in Senegal, a low-income developing country featuring newly discovered oil fields and low intergenerational mobility. We build a dynamic general equilibrium model in which rural and urban (Dakar and other urban centers henceforth OUC) households face different health, education, and employment opportunities based on their location, affecting their intergenerational mobility. The model captures the relationship between oil rents, public investment, and multidimensional inequality of opportunity. The government invests oil rents in three broad sectors: health and education, road and industries, and agriculture. Through endogenous productivity externality and human capital accumulation, our model generates the predominant position of Dakar and OUC households in terms of access to health, education, and employment in line with Senegal data. Rural households are worse off in all dimensions. We compute the optimal spending policy under two sets of simulation scenarios. Under the current Senegal public investment strategy, which weighs more health and education investments, we find that the reform maximizing the decline in inequality of opportunity between households, frontloads investment during the first eight years of the oil exploitation and spends the perpetual value of oil wealth thereafter. We will then identify the marginal winners and losers associated with this policy and its redistributive implications. Under our second set of scenarios, we will test whether the Senegalese economy can reach better equality of opportunity outcomes under this frontloading reform, by allowing the sectoral shares of investment to vary. The trade-off will be between cutting human capital investment in favor of agricultural and productive infrastructure or increasing the former. We will characterize the optimal policy by specifying where the higher weight should be. We expect that the optimal policy of the second set strictly dominates in terms of equality of opportunity, the optimal policy computed under the current investment strategy. Finally, we will quantify this optimal policy's aggregate and distributional effects on poverty, well-being, and gender earning gaps.

Keywords: developing countries, general equilibrium, inequality of opportunity, oil rents

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305 Gender Diversity Practices in Talent Management: An Exploratory Study in the Space Industry in Luxembourg

Authors: K. Usanova

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This study contributes to the conceptual and empirical understanding of how gender diversity management (GDM) is integrated into talent management (TM). Following the grounded theory, we interviewed 40 HR managers and talents from the space industry in Luxembourg. We provide a nuanced picture of what attitude on the GDM in TM organizations have, what strategies and practices they conduct, and how they differ from each other. Based on these differences, we developed three types of GDM integration to TM and explained the talents’ view on this issue. To the author's best knowledge, this study is the first empirical investigation of GDM in TM in the space industry that integrates both the TM executives' and TM receivers' views on gender equality in TM.

Keywords: gender diversity management, high-technology industry, human resource management, talent management

Procedia PDF Downloads 114
304 The Tiv Oral Poet and Taraba Crisis: Anger, Frustration and Uncotrollable Emotionalism in Obadia Kehemen Orkor's Ballads

Authors: Peter Nave Shirga

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Obadia Kehemen Orkor’s songs that focus on the predicament of the Tiv man in Taraba in North Central Nigeria handle themes such as poverty, social inequality, discrimination and tyranny perpetrated by Jukun against the Tiv. The major thrust of his focus in the songs is the overriding longing for mutual understanding between the Jukun and Tiv that would usher in love, equality, peace and harmonious co-existence for the two antagonistic ethnic groups. This paper examines Obadia’s hard-hitting lyrics that reveal the anger, frustration and boiling emotionalism of Tiv people in Taraba state of Nigeria.

Keywords: poet, crisis, emotionalism, frustration

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303 Comparison Constructions in the Language of the Qur'an

Authors: Safiah Ahmed Yahya Madkhali

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The aim of the present paper is to provide a characterization of the expression of comparison in the language of the Qur’an, the language of the Divine Book of the Muslim nation. It focuses on quantitative as well as qualitative comparisons. While works on comparison constructions in Arabic focus on a type(s) of the comparison construction and exclude another and investigate its behaviour in Standard Arabic, the paper aims to be inclusive of the varied instances that are scalar comparison constructions and describe its aspects in the language of the Qur’an. To the best of my knowledge, comparative constructions in the language of the Qur’an has not been tackled before and hence the characterization provided in the paper would be the contribution of the present work. The paper highlights the several rhetorical features of the construction as present in the different verses in the Qur’an which set them distinct from the ordinary use of the construction in the different verities of the Arabic language.

Keywords: comparison constructions, inequality, comparative, superlative, equality

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302 The Epistemology of Human Rights Cherished in Islamic Law and Its Compatibility with International Law

Authors: Malik Imtiaz Ahmad

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Human beings are the super organism granted the gift of consciousness of life by the Almighty God and endowed with an intrinsic legal value to their humanity that shall be guarded and protected respecting dignity regardless of your cultural, religious, race, or physical background; you want to be treated equally for a reason for being human. Islam graces the essential integrity of humanity and confirms the freedom and accountability impact on individuality and the open societal sphere, including the moral, economic, and political aspects. Human Rights allow people to live with dignity, equality, justice, freedom, and peace. The Kantian approach to morality expresses that ethical actions follow universal moral laws. Hence, human rights are based upon the normative approaches setting the international standards to promote, guard, and protect the fundamental rights of the people. Islam is a divine religion commanding human rights based upon the principles of social justice and regulates all facets of the moral and spiritual ethics of Muslims besides bringing balance abreast in the non-Muslims to respect their lives with safety and security and property. The Canon law manifests the faith and equality amongst Christianity, regulating the communal dignity to build and promote the sanctity of Holy life (can. 208 to 223). This concept of the community is developed after the insight of the Islamic 'canon law', which is the code of revelation itself and inseparable from the natural part of the salvation of mankind. The etymology and history of human rights is a polemical debate in a preview of Islamic and Western culture. On the other hand, international law is meticulous about the fundamental part of Conon law that focuses on the communal political, social and economic relationship. The evolving process of human rights is considered to be an exclusive universal thought regarding an open society that forms a legal base for the constituent of international instruments of the protection of Human Rights, viz. UDHR. On the other side, Muslim scholars emphasize that human rights are devolving around Islamic law. Both traditions need a dire explanation of contemporary openness for bringing the harmonious universal law acceptable and applicable to the international communities concerning the anthropology of political, economic, and social aspects of a human being.

Keywords: human rights-based approach (HRBA), human rights in Islam, evolution of universal human rights, conflict in western, Islamic human rights

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301 Risk-Realistic Decision Support Intervention for Women in the Workplace

Authors: Joshua Midha

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This paper provides an evaluation of an intervention designed to promote a risk-realistic environment for women in the workplace and regulate their risk-related decision-making. In past research, women -specifically women of color- are highly risk-averse, and this may prove to be an innate obstacle in gender progress in corporations. By helping women see the risks and the benefits and increasing potential benefits, we can increase the chances of success in the workplace. Our intervention was a success and significantly increased comfort, trust, and frequency in the use of decision-making skills in the workplace. In this paper, we explore the intervention, the methods, the results, and the implications.

Keywords: behavioral economics, decision support, risk, gender equality

Procedia PDF Downloads 194
300 Teaching Ethnic Relations in Social Work Education: A Study of Teachers' Strategies and Experiences in Sweden

Authors: Helene Jacobson Pettersson, Linda Lill

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Demographic changes and globalization in society provide new opportunities for social work and social work education in Sweden. There has been an ambition to include these aspects into the Swedish social work education. However, the Swedish welfare state standard continued to be as affectionate as invisible starting point in discussions about people’s way of life and social problems. The aim of this study is to explore content given to ethnic relations in social work in the social work education in Sweden. Our standpoint is that the subject can be understood both from individual and structural levels, it changes over time, varies in different steering documents and differs from the perspectives of teachers and students. Our question is what content is given to ethnic relations in social work by the teachers in their strategies and teaching material. The study brings together research in the interface between education science, social work and research of international migration and ethnic relations. The presented narratives are from longer interviews with a total of 17 university teachers who teach in social work program at four different universities in Sweden. The universities have in different ways a curriculum that involves the theme of ethnic relations in social work, and the interviewed teachers are teaching and grading social workers on specific courses related to ethnic relations at undergraduate and graduate levels. Overall assesses these 17 teachers a large number of students during a semester. The questions were concerned on how the teachers handle ethnic relations in education in social work. The particular focus during the interviews has been the teacher's understanding of the documented learning objectives and content of literature and how this has implications for their teaching. What emerges is the teachers' own stories about the educational work and how they relate to the content of teaching, as well as the teaching strategies they use to promote the theme of ethnic relations in social work education. The analysis of this kind of pedagogy is that the teaching ends up at an individual level with a particular focus on the professional encounter with individuals. We can see the shortage of a critical analysis of the construction of social problems. The conclusion is that individual circumstance precedes theoretical perspective on social problems related to migration, transnational relations, globalization and social. This result has problematic implications from the perspective of sustainability in terms of ethnic diversity and integration in society. Thus these aspects have most relevance for social workers’ professional acting in social support and empowerment related activities, in supporting the social status and human rights and equality for immigrants.

Keywords: ethnic relations in Swedish social work education, teaching content, teaching strategies, educating for change, human rights and equality

Procedia PDF Downloads 233
299 Taylor’s Law and Relationship between Life Expectancy at Birth and Variance in Age at Death in Period Life Table

Authors: David A. Swanson, Lucky M. Tedrow

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Taylor’s Law is a widely observed empirical pattern that relates variances to means in sets of non-negative measurements via an approximate power function, which has found application to human mortality. This study adds to this research by showing that Taylor’s Law leads to a model that reasonably describes the relationship between life expectancy at birth (e0, which also is equal to mean age at death in a life table) and variance at age of death in seven World Bank regional life tables measured at two points in time, 1970 and 2000. Using as a benchmark a non-random sample of four Japanese female life tables covering the period from 1950 to 2004, the study finds that the simple linear model provides reasonably accurate estimates of variance in age at death in a life table from e0, where the latter range from 60.9 to 85.59 years. Employing 2017 life tables from the Human Mortality Database, the simple linear model is used to provide estimates of variance at age in death for six countries, three of which have high e0 values and three of which have lower e0 values. The paper provides a substantive interpretation of Taylor’s Law relative to e0 and concludes by arguing that reasonably accurate estimates of variance in age at death in a period life table can be calculated using this approach, which also can be used where e0 itself is estimated rather than generated through the construction of a life table, a useful feature of the model.

Keywords: empirical pattern, mean age at death in a life table, mean age of a stationary population, stationary population

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298 The Trend and Implementation of Bargaining Agreements at University of Fort Hare, Eastern Cape, South Africa 2012 to 2016

Authors: Olusola Olasupo, E. O. C. Ijeoma

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The University of Fort Hare and the National Education Health and Allied Workers Union (NEHAWU), the registered labor union at the University recognizes the significance of collective bargaining. This prompted both parties to enter into agreement with the notion to strengthening the relationship between them. The agreement was therefore entered into between NEHAWU representing the employees and the University. The agreement was signed on August 31st, 2005. The study adopting historical research method reveals the trend and implementation of bargaining agreements at University of Fort Hare from 2012 to 2016. This study examines how the implementation of bargaining agreement is utilized to solve labor related challenges and also improve on employee’s wages and conditions of service thereby strengthening the relationship between the management and employees at University of Fort Hare. The study contributes to knowledge on the effects of the implementation of bargaining agreement on wages and other conditions of service leading to harmonious relationship between the Staff and the management towards the effective administration of the University of Fort Hare. Findings reveal that ever since 2005 when the agreement was reached, University of Fort Hare and NEHAWU have been committed to improving the employees’ wages through substantive agreement. The study concludes by recommending a more effective implementation of bargaining agreement at University of Fort Hare.

Keywords: agreement, bargaining, implementation, trend

Procedia PDF Downloads 252
297 The Attitude towards Sustainable Development Issues among Malaysian Engineering Undergraduates

Authors: Balamuralithara Balakrishnan

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This paper reports the findings of the perception and attitude towards Sustainable Development among Malaysian undergraduates. The study was carried out involving 86 engineering undergraduates from three universities in Malaysia. This research was conducted based on a survey whereby the respondents were given a questionnaire to gauge their attitude towards sustainable development. The output of the analyses showed that the respondents have an appropriate attitude towards the sustainability issues expect for economic and social equality aspects. These findings suggest that the engineering educators involved in sustainable development education need to educate undergraduate students on this important issue. This investigation serves as a cornerstone to which the current paradigm of sustainable development education can be examined for further improvement by related stakeholders.

Keywords: sustainable development, engineering education, Malaysia, attitude

Procedia PDF Downloads 127
296 Culturally Diverse Working Teams in Finnish and Italian Oil and Gas Industry: Intersecting Differences in Organizational and Employee Interactions

Authors: Elisa Bertagna

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The aim of the research is to study diversity issues and gender equality in the Finnish and Italian oil and gas companies. Particular attention is given to the effects on the organization’s and employees’ interactions resulting from intersecting social categories. The study is aimed to be settled in companies where social inequalities and diversity management problematics are present. Consequently, ten semi-structured interviews with key managers from the companies and four focus groups composed of culturally diverse employees aim to depict and analyze the situation from both points of view. Social discourse and intersectionality are employed as the analysis methods. Trainings, workshops, and suggestions are to be offered in the required situations.

Keywords: diversity, gender, intersectionality, oil and gas companies, social constructionism

Procedia PDF Downloads 151
295 Internal and External Influences on the Firm Objective

Authors: A. Briseno, A, Zorrilla

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Firms are increasingly responding to social and environmental claims from society. Practices oriented to attend issues such as poverty, work equality, or renewable energy, are being implemented more frequently by firms to address impacts on sustainability. However, questions remain on how the responses of firms vary across industries and regions between the social and the economic objectives. Using concepts from organizational theory and social network theory, this paper aims to create a theoretical framework that explains the internal and external influences that make a firm establish its objective. The framework explains why firms might have a different objective orientation in terms of its economic and social prioritization.

Keywords: organizational identity, social network theory, firm objective, value maximization, social responsibility

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294 Effect of Cap and Trade Policies for Carbon Emission Reduction on Delhi Households

Authors: Vikram Singh

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This paper aims to take into account carbon tax or cap-and-trade legislation to manage Delhi carbon emissions after a post-Kyoto treaty. This report estimated the influence of the carbon taxes or rebate/compensation cost at the household level. Here, the three possible scenarios will help to comprehend the difference between a straightforward compensation/rebate, and two clearly denoting progressive formula. The straightforward compensation is basically minimizing the regressive applications that will bears on cost. On the other hand, both the progressive formula will generate extra revenue, which will help for feasibility of more efficient, vehicles, appliances and buildings in the low-income household. For the hypothetical case of carbon price $40/tonne, low-income household for both urban and rural region could experience price burden up to 5% and 9% on their income as compared to 3% and 7% for high-income household respectively. The survey report also shown that carbon emission due low-income household are primarily by the substantive requirement like housing and transportation whereas almost 40% emission due to high-income household are by luxurious and non-essential items. The equal distribution of revenue cum incentives will not completely overcome high-income household’s investment in inessential items. However, it will merely help in investing their income in energy efficient and less carbon intensive items. Therefore, the rebate distribution on per capita basis instead on per households will benefit more especially large families at low-income group.

Keywords: household emission, carbon credit, carbon intensity, green house gas emission, carbon generation based insentives

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293 Investigating the Abolishment of Virginity Testing in South Africa

Authors: Nqobizwe Mvelo Ngema

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This paper argues that the custom of virginity testing has been revived in order to combat against social ills such as unwanted pregnancies, immorality, promiscuity and the spread of HIV/AIDS. However, virginity testing is not free from challenges such as the belief that having sexual intercourse with a virgin can cure men from AIDS, virginity testing is not accurate because there is scientific evidence supporting the fact that there many ways of losing virginity other than sexual intercourse, for example, the usage of tampons and participation in physical activities may tear the hymen. South African parliament took some positive steps in combatting against harm associated with virginity testing by regulating it in the Children’s Act. It is argued, in this paper, that the abolition of virginity testing may lead to paper law and it would be premature to abolish virginity testing in South Africa.

Keywords: equality rights, virginity testing, human rights, interdisciplinary law and legal studies

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292 Gender and Sexual Education in Morocco

Authors: Zouhair Gassim

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The reconfiguration of representations of women's bodies as a "chest of pregnancies", the growing commitment of their bodies to the decision of pregnancies previously monopolized by men, the emergence of new practices of the bodies of men and women suggest that the borders between the masculine and the feminine in Morocco are moving. However, the persistence of sexual violence against girls/women indicates that these changes did not contribute to the lifting of the men's control over the bodies of women. This paper aims to analyze the lessons learned about sex education as a discourse related to the fabric of bodies in relation to sexuality in school in order to understand to what extent this institution contributes to the (re) production of gender inequalities. As a result, the educational discourse on sexuality still remains one of the spaces of resistance against gender equality and thus contributes to the (re) production of gender inequalities.

Keywords: gender, sexual education, Morocco, educational system

Procedia PDF Downloads 126
291 The Use of Social Media in a UK School of Pharmacy to Increase Student Engagement and Sense of Belonging

Authors: Samantha J. Hall, Luke Taylor, Kenneth I. Cumming, Jakki Bardsley, Scott S. P. Wildman

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Medway School of Pharmacy – a joint collaboration between the University of Kent and the University of Greenwich – is a large school of pharmacy in the United Kingdom. The school primarily delivers the accredited Master or Pharmacy (MPharm) degree programme. Reportedly, some students may feel isolated from the larger student body that extends across four separate campuses, where a diverse range of academic subjects is delivered. In addition, student engagement has been noted as being limited in some areas, as evidenced in some cases by poor attendance at some lectures. In January 2015, the University of Kent launched a new initiative dedicated to Equality, Diversity and Inclusivity (EDI). As part of this project, Medway School of Pharmacy employed ‘Student Success Project Officers’ in order to analyse past and present school data. As a result, initiatives have been implemented to i) negate disparities in attainment and ii) increase engagement, particularly for Black, Asian and Minority Ethnic (BAME) students which make up for more than 80% of the pharmacy student cohort. Social media platforms are prevalent, with global statistics suggesting that they are most commonly used by females between the ages of 16-34. Student focus groups held throughout the academic year brought to light the school’s need to use social media much more actively. Prior to the EDI initiative, social media usage for Medway School of Pharmacy was scarce. Platforms including: Facebook, Twitter, Instagram, YouTube, The Student Room and University Blogs were either introduced or rejuvenated. This action was taken with the primary aim of increasing student engagement. By using a number of varied social media platforms, the university is able to capture a large range of students by appealing to different interests. Social media is being used to disseminate important information, promote equality and diversity, recognise and celebrate student success and also to allow students to explore the student life outside of Medway School of Pharmacy. Early data suggests an increase in lecture attendance, as well as greater evidence of student engagement highlighted by recent focus group discussions. In addition, students have communicated that active social media accounts were imperative when choosing universities for 2015/16. It allows students to understand more about the University and community prior to beginning their studies. By having a lively presence on social media, the university can use a multi-faceted approach to succeed in early engagement, as well as fostering the long term engagement of continuing students.

Keywords: engagement, social media, pharmacy, community

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290 The Principle of Transparency as a Tool to Potentiate Gender-Based Approaches in the World Trade Organization

Authors: Desiree Llaguno Cerezo, Elizabeth Valdes-Miranda Fernandez

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Women have a critical role in sustaining the economy and in the development of trade. However, such a role has long been invisible due to orthodox conceptions that have ignored the gender variable in commercial analyses. Today, it is generally accepted that neither the economy nor business are gender-neutral and that the performance of these activities often impact negatively the lives of women. Women’s participation in trade, on equal terms as men, in any of the various possible roles -producer, wage earner, consumer, merchant, taxpayer- will not only favour the lives of women but also the performance of the economies in which they participate. Transparency, as a principle of the multilateral trading system, can play a significant role as a strategy for the empowerment of women.

Keywords: trade, human rights, gender equality, transparency, WTO, women workers, women's economic empowerment

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289 Artificial Law: Legal AI Systems and the Need to Satisfy Principles of Justice, Equality and the Protection of Human Rights

Authors: Begum Koru, Isik Aybay, Demet Celik Ulusoy

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The discipline of law is quite complex and has its own terminology. Apart from written legal rules, there is also living law, which refers to legal practice. Basic legal rules aim at the happiness of individuals in social life and have different characteristics in different branches such as public or private law. On the other hand, law is a national phenomenon. The law of one nation and the legal system applied on the territory of another nation may be completely different. People who are experts in a particular field of law in one country may have insufficient expertise in the law of another country. Today, in addition to the local nature of law, international and even supranational law rules are applied in order to protect basic human values and ensure the protection of human rights around the world. Systems that offer algorithmic solutions to legal problems using artificial intelligence (AI) tools will perhaps serve to produce very meaningful results in terms of human rights. However, algorithms to be used should not be developed by only computer experts, but also need the contribution of people who are familiar with law, values, judicial decisions, and even the social and political culture of the society to which it will provide solutions. Otherwise, even if the algorithm works perfectly, it may not be compatible with the values of the society in which it is applied. The latest developments involving the use of AI techniques in legal systems indicate that artificial law will emerge as a new field in the discipline of law. More AI systems are already being applied in the field of law, with examples such as predicting judicial decisions, text summarization, decision support systems, and classification of documents. Algorithms for legal systems employing AI tools, especially in the field of prediction of judicial decisions and decision support systems, have the capacity to create automatic decisions instead of judges. When the judge is removed from this equation, artificial intelligence-made law created by an intelligent algorithm on its own emerges, whether the domain is national or international law. In this work, the aim is to make a general analysis of this new topic. Such an analysis needs both a literature survey and a perspective from computer experts' and lawyers' point of view. In some societies, the use of prediction or decision support systems may be useful to integrate international human rights safeguards. In this case, artificial law can serve to produce more comprehensive and human rights-protective results than written or living law. In non-democratic countries, it may even be thought that direct decisions and artificial intelligence-made law would be more protective instead of a decision "support" system. Since the values of law are directed towards "human happiness or well-being", it requires that the AI algorithms should always be capable of serving this purpose and based on the rule of law, the principle of justice and equality, and the protection of human rights.

Keywords: AI and law, artificial law, protection of human rights, AI tools for legal systems

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288 Striking a Balance between Certainty and Flexibility: The Role of Ubuntu in South African Contract Law

Authors: Yeukai Mupangavanhu

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The paper examines the concept of ubuntu and the extent to which it can play a role in ensuring fairness and justice in contractual relationships. Courts are expected to balance sanctity of contract and fairness. Public policy is currently a mechanism which is used by courts when balancing the above two competing interests. It, however, generally favours the freedom and sanctity of contract. The question which is addressed in this paper is whether the concept of ubuntu is an alternative mechanism that may be used to mitigate the sometimes harsh and unfair consequences of the doctrine of freedom and sanctity of contract. A comparative study and case analysis is the methodology that is used in this article. Unfairness in contracts is generally related to the problem of inequality in bargaining power underscored by deeply entrenched social and economic inequalities that are a consequence of apartheid and patriarchy. The transformative nature of the constitution demands the inclusion of African legal ideas and values in the legal order. There is a need for the harmonisation of western ideals which are based on the classical model of law of contract with relevant African principles. In order to attain a transformative legal order that promotes a societal transformation and enhances the lives of everyone courts cannot continue to frown upon African values. Ubuntu has the potential of steering the law of contract in a more equitable direction. The substantive rules of contract law undoubtedly need to be infused with the notion of ubuntu. The reconciliation of Western and African values is at the heart of legal transformation.

Keywords: fairness, sanctity of contract, contractual justice, transformative constitutionalism

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287 Elimination of Occupational Segregation By Sex: A Critical Analysis

Authors: Mutiat Temitayo James, Oladapo Olakunle James, Kabiru Oyetunde

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This paper examines occupational segregation by sex and sought to justify a case for its elimination or not. In doing this, we found that occupations are categorised among men and women in all parts of the world and this, in turn, affects the labour force participation rate of men and women in different sectors and aspects of the labour market. Data from the previous study shows that women are the most discriminated against as regards occupational segregation as many high profile jobs are regarded as men’s job and women relegated to the background. This has brought about low productivity for women and inequity in the labour market which can hinder the productivity levels of participants. It was however recommended that occupational segregation should be eliminated totally so that men and women alike can choose occupations of their choice irrespective of what gender the society ascribe to such occupation.

Keywords: occupation, gender, gender equality, labour market, segregation, discrimination

Procedia PDF Downloads 1386
286 Accessible Sustainability Assessment Tools and Approach of the University level Academic Programs

Authors: S. K. Ashiquer Rahman

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The innovative knowledge threshold significantly shifted education from traditional to an online version which was an emergent state of arts for academic programs of any higher education institutions; the substantive situation thus raises the importance of deliberative integration of education, Knowledge, technology and sustainability as well as knowledge platforms, e.g., ePLANETe. In fact, the concept of 'ePLANETe' an innovative knowledge platform and its functionalities as an experimental digitized platform for contributing sustainable assessment of academic programs of higher education institution(HEI). Besides, this paper assessed and define the common sustainable development challenges of higher education(HE) and identified effective approach and tools of 'ePLANETe’ that is enable to practices sustainability assessment of academic programs through the deliberation methodologies. To investigate the effectiveness of knowledge tools and approach of 'ePLANETe’, I have studied sustainable challenges digitized pedagogical content as well as evaluation of academic programs of two public universities in France through the 'ePLANETe’ evaluation space. The investigation indicated that the effectiveness of 'ePLANETe’s tools and approach perfectly fit for the quality assessment of academic programs, implementation of sustainable challenges, and dynamic balance of ecosystem within the university communities and academic programs through 'ePLANETe’ evaluation process and space. The study suggests to the relevant higher educational institution’s authorities and policymakers could use this approach and tools for assessing sustainability and enhancing the sustainability competencies of academic programs for quality education

Keywords: ePLANETe, deliberation, evaluation, competencies

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285 Trusting the Eyes: The Changing Landscape of Eyewitness Testimony

Authors: Manveen Singh

Abstract:

Since the very advent of law enforcement, eyewitness testimony has played a pivotal role in identifying, arresting and convicting suspects. Reliant heavily on the accuracy of human memory, nothing seems to carry more weight with the judiciary than the testimony of an actual witness. The acceptance of eyewitness testimony as a substantive piece of evidence lies embedded in the assumption that the human mind is adept at recording and storing events. Research though, has proven otherwise. Having carried out extensive study in the field of eyewitness testimony for the past 40 years, psychologists have concluded that human memory is fragile and needs to be treated carefully. The question that arises then, is how reliable is eyewitness testimony? The credibility of eyewitness testimony, simply put, depends on several factors leaving it reliable at times while not so much at others. This is further substantiated by the fact that as per scientific research, over 75 percent of all eyewitness testimonies may stand in error; quite a few of these cases resulting in life sentences. Although the advancement of scientific techniques, especially DNA testing, helped overturn many of these eyewitness testimony-based convictions, yet eyewitness identifications continue to form the backbone of most police investigations and courtroom decisions till date. What then is the solution to this long standing concern regarding the accuracy of eyewitness accounts? The present paper shall analyze the linkage between human memory and eyewitness identification as well as look at the various factors governing the credibility of eyewitness testimonies. Furthermore, it shall elaborate upon some best practices developed over the years to help reduce mistaken identifications. Thus, in the process, trace out the changing landscape of eyewitness testimony amidst the evolution of DNA and trace evidence.

Keywords: DNA, eyewitness, identification, testimony, evidence

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284 Inclusive Education of Roma Students from Socially Disadvantaged Background as a Determinant of Their Social Inclusion in the Slovak Republic

Authors: L. Horňák

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The aim of the paper is to analyze a longstanding problem in Slovakia – the effective education of Roma students coming from socially disadvantaged backgrounds. Although it is a relatively small country, there are over 630 communities in the Slovak Republic. The efficiency of the projects was verified by interviews with participants; questionnaires; and direct observations. Evaluation reports which summarized and evaluated the outcomes of the projects only confirmed their success. Slovakia realizes that appropriate social inclusion of marginalized citizens coming from the Roma ethnic group can only be achieved through education based on equality of all students and acceptance of diversity.

Keywords: inclusive education, marginalized communities, Roma pupil, equity in education, socially disadvantaged backgrounds, social inclusion

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283 Some Results for F-Minimal Hypersurfaces in Manifolds with Density

Authors: M. Abdelmalek

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In this work, we study the hypersurfaces of constant weighted mean curvature embedded in weighted manifolds. We give a condition about these hypersurfaces to be minimal. This condition is given by the ellipticity of the weighted Newton transformations. We especially prove that two compact hypersurfaces of constant weighted mean curvature embedded in space forms and with the intersection in at least a point of the boundary must be transverse. The method is based on the calculus of the matrix of the second fundamental form in a boundary point and then the matrix associated with the Newton transformations. By equality, we find the weighted elementary symmetric function on the boundary of the hypersurface. We give in the end some examples and applications. Especially in Euclidean space, we use the above result to prove the Alexandrov spherical caps conjecture for the weighted case.

Keywords: weighted mean curvature, weighted manifolds, ellipticity, Newton transformations

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

Authors: Helene Jacobson Pettersson, Linda Lill

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

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

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281 Diversity Strands in Library and Information Science Graduate Curricula

Authors: Bibi Alajmi, Israa Alshammari

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This study investigates diversity strands covered in courses offered by library and information sciences (LIS) graduate programs. It aims to identify the extent to which these programs prepare students to work in diverse communities. Information was collected from 17 ALA-accredited MLIS programs. Diversity-related topics were identified and categorized. The methodology consisted of content analysis of course syllabi. The findings show that coverage of diversity-related content in LIS graduate curricula is increasing at a slow but significant rate, and is often a low priority. Apart from LIS graduate courses for future librarians and information professionals in public libraries, school libraries, and museums providing services to young adults and children, there is not enough interest in the provision of services to diverse communities.

Keywords: diversity, multiculturalism, inclusion, equality, gender

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