Search results for: adat community rights
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 5477

Search results for: adat community rights

5297 Political Economy and Human Rights Engaging in Conversation

Authors: Manuel Branco

Abstract:

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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5296 Factors Affecting Sense of Community in Residential Communities Case Study: Residential Communities in Tehran, Iran

Authors: Parvin Foroughifar

Abstract:

The concept of sense of community refers to residents’ sense of attachment and commitment to the other residents in a residential community. It is implicitly indicative of the mental image of a physical environment in which the residents enjoy strong social ties. Sense of community, a crucial factor in improving quality of life and social welfare, leads to life satisfaction in a residential community. Despite the important functions of such a notion, few empirical studies, to the best of the authors' knowledge, have been so far carried out in Iran to investigate the effective factors in sharpening the sense of community in residential communities. This survey research examined sense of community in 360 above 20-year old residents of three residential communities in Tehran, Iran using cluster sampling and questionnaire. The study yielded the result that variables of local social ties, social control and trust, sense of security, length of residence, use of public spaces, and mixed land use have a significant relationship with sense of community.

Keywords: sense of community, local social ties, sense of security, public space, residential community, Tehran

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5295 Parental Separation and 'the Best Interests of the Child' at International Law: Guidance for Nation States in the 21st Century

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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5294 The Making of a Community: Perception versus Reality of Neighborhood Resources

Authors: Kirstie Smith

Abstract:

This paper elucidates the value of neighborhood perception as it contributes to the advancement of well-being for individuals and families within a neighborhood. Through in-depth interviews with city residents, this paper examines the degree to which key stakeholders’ (residents) evaluate their neighborhood and perception of resources and identify, access, and utilize local assets existing in the community. Additionally, the research objective included conducting a community inventory that qualified the community assets and resources of lower-income neighborhoods of a medium-sized industrial city. Analysis of the community’s assets was compared with the interview results to allow for a better understanding of the community’s condition. Community mapping revealed the key informants’ reflections of assets were somewhat validated. In each neighborhood, there were more assets mapped than reported in the interviews. Another chief supposition drawn from this study was the identification of key development partners and social networks that offer the potential to facilitate locally-driven community development. Overall, the participants provided invaluable local knowledge of the perception of neighborhood assets, the well-being of residents, the condition of the community, and suggestions for responding to the challenges of the entire community in order to mobilize the present assets and networks.

Keywords: community mapping, family, resource allocation, social networks

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5293 Stakeholders Perceptions of the Linkage between Reproductive Rights and Environmental Sustainability: Environmental Mainstreaming, Injustice and Population Reductionism

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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5292 Language Rights and the Challenge of National Integration: The Nigerian Experience

Authors: Odewumi Olatunde, Adegun Sunday

Abstract:

Linguistic diversity is seen to complicate attempts to build a stable and cohesive political community. Hence, the challenge of integration is enormous in a multi-ethno-lingual country like Nigeria. In the same vein, justification for minority language rights claims in relation to broader political theories of justice, freedom and democracy cannot be ignored. It is in the light of the fore-going that this paper explores Nigeria’s experiments at language policy and planning(LPP) and the long drawn agitations for self-determination and linguistic freedom by the minority ethnic groups in the polity which has been exacerbated by the National Policy on Education language provisions. The paper succinctly reviews Nigeria’s LPP efforts and its attendant theater of conflicts; explores international attempts at evolving normative principles of freedom and equality for language policy and finally evaluates the position of the Nigerian LPP in the light of evolving international conventions. On this premise, it is concluded that giving a conscientious and honest implementation of the Nigerian language provisions as assessed from their face validity, the nation’s efforts could be exonerated from running afoul of any known civilized values and best practices. It is, therefore, recommended that an effectual and consistent commitment to implementation driven by a renewed political will is what is required for the nation to succeed in this direction.

Keywords: integration, rights, challenge, conventions, policy

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5291 Meaningfulness of Right to Life in Holy Quran

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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5290 Economic and Social Well-Being for Migrant Workers: Asian Experiences

Authors: Mohsin Reza, Thirunaukarasu Subramaniam, M. Rezaul Islam

Abstract:

In Asia, economic and social well-being issues are rarely addressed. The major characteristics of the migrant workers in Asian countries are seriously exploited, marginalized, and infrequently looked from human rights perspective. This paper explored the opportunities and shortages of economic and social well-being for the migrant workers in Asia. A Qualitative Interpretative Meta-Synthesis (QIMS) was conducted to analyze the contextual socio-economic factors that characterized migrant workers’ economic and social well-being. It is perceived that in most of the recruiting countries, there are lacks of government commitments to the international protocols, conventions and laws that they ratified towards safeguarding migrant workers’ economic and social well-being. Results showed that the migrant workers had lack of job security, poor salary, long working hours, low access to the public services, poor health, poor living and working conditions, lack of legal rights, physical and mental threats. The finding would be important guideline to the governments, policy makers, legal rights practitioners, and human rights organizations.

Keywords: Asia, economic well-being, social well-being, migrant workers, human rights

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5289 Protection of Website Owners' Rights: Proportionality of Website Blocking in Russia and Beyond

Authors: Ekaterina Semenova

Abstract:

The article explores the issue of website owners’ liability for the illicit content. Whilst various issues of secondary liability of internet access providers for the illicit content have been widely discussed in the law doctrine, the liability of website owners has attracted less attention. Meanwhile, the website blocking injunctions influence website owners’ rights most, since website owners have the interest to keep their website online, rather than internet access providers. The discussion of internet access providers’ liability overshadows the necessity to protect the website owners’ rights to due process and proportionality of blocking injunctions. The analysis of Russian website blocking regulation and case law showed that the protection of website owners’ rights depends on the kind of illicit content: some content induces automatic blocking injunctions without prior notice of website owners and any opportunity to appeal, while other content does not invoke automatic blocking and provides an opportunity for the website owner to avoid or appeal an injunction. Comparative analysis of website blocking regulations in European countries reveals different approaches to the proportionality of website blocking and website owner’s rights protection. Based on the findings of the study, we conclude that the global trend to impose website blocking injunctions on wide range of illicit content without due process of law interferes with the rights of website owners.

Keywords: illicit content, liability, Russia, website blocking

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5288 Human Rights on Digital Platforms

Authors: Niina Meriläinen

Abstract:

Digital platforms are arenas for dialogue, various kinds of political debates, information and news gathering, policymaking, and social change processes. Human rights serve as examples of social and political issues that are universally noted as principles and yet often violated on digital platforms as well as in the analog world. Digital platforms in this study are different Internet sites, blogs, discussion platforms, social media apps, and gaming. Various actors, from human rights activists and non-governmental organizations to individual people, governments, and corporations, use digital platforms along with analog arenas to discuss and defend human rights, while violators can find new victims and continue violating rights on the same platforms. Digital platforms create opportunities for various women and minorities to empower themselves and others and to be active in various arenas of society and policymaking. At the same time, digital platforms pose threats to human rights globally, especially to women, girls, and minorities. The results of this meta-study of n=120 academic case studies indicate that more research is needed to determine the framework of human rights and human rights on digital platforms. A broad discussion must be had on what human rights require in the digital realm and how ICTs may enhance or threaten our ability to respect, protect, and fulfill a wide variety of human rights while various digital platforms pose multiple threats to human rights. This relates to the willingness of political decision-makers to act upon various crimes committed on and with online platforms. More research is needed to determine the framework of digital human rights and human rights on digital platforms in relation to political communication and decision-making. It is important to develop a framework in which these are defined. It must be discussed who participates in this process: those whose rights are violated, companies that profit by selling our personal data, activists, governments, and some unknown actors. In the end, the question comes back to who has the power to define what we talk about, when, and where. This use of power plays a big role. Digital platforms illustrate the darker side of technological progress, which, on the one hand, has given various people the possibility to engage in society, empower themselves, and take ownership of their rights globally. At the same time, the platforms enable others to use the same platforms to find victims, abuse them, and exploit them. Bullying, harassment, and violence are rampant on various digital platforms, where minorities and people with limited support are victims. There is indeed a need for a discussion of normative values in the era of fake news, the power of influencers, Trumpism, and institutionalized disregard for human rights, gender equality, and the elimination of gender-based violence online. Attention and obligations must be placed on politicians and internet architecture, such as corporations, and their roles in human rights and their violations online.

Keywords: human rights, digital platforms, violations, internet, social media

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5287 Transmission of Food Wisdom for Salaya Community

Authors: Supranee Wattanasin

Abstract:

The objectives of this research are to find and collect the knowledge in order to transmit the food wisdom of Salaya community. The research is qualitative tool to gather the data. Phase 1: Collect and analyze related literature review on food wisdom including documents about Salaya community to have a clear picture on Salaya community context. Phase 2: Conduct an action research, stage a people forum to exchange knowledge in food wisdom of Salaya community. Learning stage on cooking, types, and benefits of the food wisdom of Salaya community were also set up, as well as a people forum to find ways to transmit and add value to the food wisdom of Salaya community. The result shows that Salaya old market community was once a marketplace located by Mahasawat canal. The old market had become sluggish due to growing development of land transportation. This had affected the ways of food consumption. Residents in the community chose 3 menus that represent the community’s unique food: chicken green curry, desserts in syrup and Khanom Sai-Sai (steamed flour with coconut filling). The researcher had the local residents train the team on how to make these meals. It was found that people in the community transmit the wisdom to the next generation by teaching and telling from parents to children. ‘Learning through the back door’ is one of the learning methods that the community used and still does.

Keywords: transmission, food wisdom, Salaya, cooking

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5286 Economic Stability and Legitimate Expectations in Foreign Investment Rights

Authors: Mehdi Ghaemi

Abstract:

Within the current paper, there is an attempt to examine the legal system that overrules economic stability and legitimate expectations of foreign investment rights. Studies show that Meeting the legitimate expectations of foreign investment is one of the rights and privileges which obviously are to be benefited from by all types of foreign investments. The legitimate expectations of foreign investors are protected and structured strongly with the help of international investment laws. The body of international investment laws is faced with multiple challenges with respect to the legitimate expectations of foreign investments, including the Economic stability and the public interest of the host country, the attitude of the host country towards the legitimate rights and privileges of the foreign investment, the ways to meet and to control those expectations, and also the assessment of the regulations of the host country which would affect the investing bodies within different circumstances.

Keywords: foreign investment, legitimate expectations, regulating investments, international investment

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5285 Atmospheres, Ghosts and Shells to Reform our Memorial Cultures

Authors: Tomas Macsotay

Abstract:

If monument removal and monument effacement may call to mind a Nietzschean proposal for vitalist disregard of conventional morality, it remains the case that it is often only by a willingness to go “beyond good and evil” in inherited monument politics that truthful, be it unexpected aspects of our co-existence with monuments can finally start to rise into fuller consciousness. A series of urgent questions press themselves in the panorama created by the affirmative idea that we can, as a community, make crucial decisions with regard to monumental preservation or discontinuation. Memorials are not the core concern for decolonial and racial dignity movements like Black Lives Matter (BLM), which have repeatedly shown they regard these actions as a welcome, albeit complementary, part of a reckoning with a past of racial violence and injustice, slavery, and colonial subaltern existence. As such, the iconoclastic issue of “rights and prohibitions of images” only tangentially touches on a cultural movement that seems rather question dominant ideas of history, pertinence, and the long life of the class, gender, and racial conflict through ossified memorial cultures. In the recent monument insurrection, we face a rare case of a new negotiation of rights of existence for this particular tract of material culture. This engenders a debate on how and why we accord rights to objects in public dominion ― indeed, how such rights impinge upon the rights of subjects who inhabit the public sphere. Incidentally, the possibility of taking away from monuments such imagined or adjoined rights has made it possible to tease open a sphere of emotionality that could not be expressed in patrimonial thinking: the reality of atmospheres as settings, often dependent on pseudo-objects and half-conscious situations, that situate individuals involuntarily in a pathic aesthetics. In this way, the unique moment we now witness ― full of the possibility of going “beyond good and evil” of monument preservation ― starts to look more like a moment of involuntary awaking: an awakening to the encrypted gaze of the monument and the enigma that the same monument or memorial site can carry day-to-day habits of life for some bystanders, while racialized and disenfranchised communities experience discomfort and erosion of subjective life in the same sites.

Keywords: monument, memorial, atmosphere, racial justice, decolonialism

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5284 Perceptions on Community Media for Effective Acculturation in Nigerian Indigenous Languages

Authors: Chima Onwukwe

Abstract:

This study examined perceptions on the effectiveness, attendant challenges and remedies of community media for effective acculturation in Nigerian languages. The qualitative survey design was adopted with Focus Group Discussions (FGD) and Key Informant Interviews (KIIs) of 50 purposively chosen informants. It was perceived that community media could serve as veritable platform for effective acculturation in Nigerian languages since they would engender the setting of acculturation in Nigerian languages as national objective or goal. It was further held that the strengths of community media for acculturation were in being goal-defined, ensuring local content and diversification. The study identified that as palatable as the proposal for community media for effective acculturation in Nigerian languages is; it would be fraught with some set-backs or challenges that were very much surmountable. Perceptions pointed towards transient nature of community media and funding as challenges, as well as multi-based funding as one remedy. Immediate establishment of community media for the purpose of acculturation in Nigerian languages was recommended.

Keywords: perception, community media, acculturation, indigenous language

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5283 Global Migration and Endangered Majorities in Europe

Authors: Liav Orgad

Abstract:

This article challenges one of the most fundamental propositions in the democratic theory that the majority culture is protected merely by the forces of democracy and thus needs no special legal protection. By describing changes in the patterns of migration to Europe, in the face of the European society, and in the world as a whole, the Article demonstrates that the majority culture is no longer automatically protected by the forces of democracy. It claims that the changing reality is not adequately addressed by political theory and human rights law and advances the promotion of a new concept—'cultural majority rights'.

Keywords: European migration, European demography, democratic theory, majority rights, integration

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5282 Normative Reflections on the International Court of Justice's Jurisprudence on the Protection of Human Rights in Times of War

Authors: Roger-Claude Liwanga

Abstract:

This article reflects on the normative aspects of the jurisprudence on the protection of human rights in times of war that the International Court of Justice (ICJ) developed in 2005 in the Case Concerning Armed Activities on the Territory of the Congo (Democratic Republic of Congo v. Uganda). The article focuses on theories raised in connection with the Democratic Republic of Congo (DRC)'s claim of the violation of human rights of its populations by Uganda as opposed to the violation of its territorial integrity claims. The article begins with a re-visitation of the doctrine of state extraterritorial responsibility for violations of human rights by suggesting that a state's accountability for the breach of its international obligations is not territorially confined but rather transcends the State's national borders. The article highlights the criteria of assessing the State's extraterritorial responsibility, including the circumstances: (1) where the concerned State has effective control over the territory of another State in the context of belligerent occupation, and (2) when the unlawful actions committed by the State's organs on the occupied territory can be attributable to that State. The article also analyzes the ICJ's opinions articulated in DRC v. Uganda with reference to the relationship between human rights law and humanitarian law, and it contends that the ICJ had revised the traditional interaction between these two bodies of law to the extent that human rights law can no longer be excluded from applying in times of war as both branches are complementary rather than exclusive. The article correspondingly looks at the issue of reparations for victims of human rights violations. It posits that reparations for victims of human rights violations should be integral (including restitution, compensation, rehabilitation, satisfaction, and guarantees of non-repetition). Yet, the article concludes by emphasizing that reparations for victims were not integral in DRC v. Uganda because: (1) the ICJ failed to set a reasonable timeframe for the negotiations between the DRC and Uganda on the amount of compensation, resulting in Uganda paying no financial reparation to the DRC since 2005; and (2) the ICJ did not request Uganda to domestically prosecute the perpetrators of human rights abuses.

Keywords: human rights law, humanitarian law, civilian protection, extraterritorial responsibility

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5281 Transgenders Rights in Pakistan: From an Islamic Perspective

Authors: Zaid Haris

Abstract:

Since the beginning of time, transgender people have faced difficult circumstances, particularly in Pakistan. They have experienced discrimination, physical abuse, sexual assault, and murder in their lives. In response to their complaints, the Pakistani Supreme Court established a landmark that enables them to participate in society on an equal base. As a result, transgendered people living all around Pakistan have seen their legal, political, and cultural advocacy blossom since 2009. In order to provide and defend the human rights of Pakistan's transgender persons, this paper aims to identify and analyse the constitutional and legal framework set out there. The Supreme Court's momentous decision sparked legal reform in the nation for these rights, most notably the Transgender Persons (Protection of Rights) Act of 2017, a bill that was filed in Parliament. The implementation of the rights granted to transgender people in Pakistan, whether it relates to education, health, or any other area, requires close inspection. Additionally, for society to be accepting and inclusive, a significant and radical change in behaviour is required. This paper also includes the interviews of a few transgenders from Pakistan.

Keywords: discrimination, islam, pakistan, physical abuse, sexual assault, transgenders

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5280 Culture as a Barrier: Political Rights of Women in Pakhtun Society

Authors: Muhammad Adil

Abstract:

Women in different parts of the world confront several barriers to accomplishing their legal rights, particularly political rights. One of the common barriers in this respect is the indigenous culture of the locality. In the same way, women in Khyber Pakhtunkhwa are facing difficulties in accomplishing their political rights. The most significant obstacle in this context is Pakhtunwali, the traditional code of conduct in Pakhtun society, which is perceived as a substantial impediment for Pakhtun women in practicing their political rights as guaranteed by the Constitution of Pakistan and international legal instruments. Several codes of Pakhtunwali, like peghor (slander or abuse), tor (blame or disgraced), sharam (shame and dishonor), purdah (gender segregation), and ghayrat (honor) have a prominent role in this regard. The research approach employed a combination of both qualitative and quantitative methods to ensure a thorough exploration of the subject. Not only different documents have been analyzed but also a questionnaire has been developed to get accurate findings. Simultaneously, both primary and secondary data have been utilized. The finding shows that the Pakhtun culture is a formidable hurdle in accomplishing women’s political rights in Pakhtun society, particularly in rural areas. Observation reveals that a prevailing societal perception is that having women as their representatives would be viewed as a challenge to the honor of Pakhtun men. Consequently, women candidates who participated in the general elections in Khyber Pakhtunkhwa received only 1 percent or less than 1 percent of the votes compared to their male counterparts. It is recommended that certain codes of Pakhtunwali should be redefined and made compatible with international legal instruments.

Keywords: constitution, fundamental rights, honor, pakhtunwali.

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5279 The Effectiveness of the Workers' Constitutional Rights of Citizenship as One of the Embodiments of the Democratic and Social State of the Brazilian Law

Authors: Christine S. Veviani

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By observing the Brazilian labor reality, considered as degrading and oppressive, as well as responsible for creating obstacles to rights, this paper is aimed at demonstrating the obligatoriness of complying with the Constitution, as an effective instrument of the Democratic and Social State of Law established in the country since 1988, which identifies and determines the recognition of a single type of citizenship, as representation of equality, social inclusion and human dignity. To achieve this purpose, that is, to awake to a new culture focused on human respect / fundamental rights engraved in the Brazilian Constitution, doctrinal works, case law and labor courts (how they work) will be used as methodology. Thus, by concluding that there is a need for a change in behavior, by employers, intended to respect the Constitution, especially with regard to the concept and citizenship content if an attempt is made to achieve as a result few steps effectiveness of fundamental social rights protective of the Brazilian working class. Thus, by analyzing the Brazilian labor reality, the result is the employers' denial of full and single citizenship of workers, whose effects are directly related to the violation of rights, which leads to the conclusion that there is a need for a change in the behavior regarding the respect for the Constitution, especially concerning the effectiveness of fundamental social rights, which protect the working class in Brazil.

Keywords: employment relationships, opposing citizenships, constitutionalism, capitalism

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5278 Intellectual Property Rights Applicability in the Sport Industry

Authors: Poopak Dehshahri

Abstract:

The applicability of intellectual property rights in the sports industry from the present paper’s perspective includes athletic skills, which are comprised of two parts: athletic movements and athletic methods. Also, the applicability pertaining to the athletes᾽ personality, such as the Name, the Image, the Voice, the Signature and their Shirt Number, are deemed as related to the sports natural persons. Radio and TV broadcasting rights of the sports events, the signs and symbols of the athletic institutions including the sign and symbol, trademark (brand name), the name and the place of residence of the sports clubs, the Sports events and the special sports, special slogan of the sports clubs or sports competitions and the sports clothing design are Included under the athletic institutions᾽ applicability of intellectual property rights.

Keywords: sport industry, intellectual property, sport skills, right to fame, radio and television broadcasting right, sport sign

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5277 Characterization and Predictors of Community Integration of People with Psychiatric Problems: Comparisons with the General Population

Authors: J. Cabral, C. Barreto Carvalho, C. da Motta, M. Sousa

Abstract:

Community integration is a construct that an increasing body of research has shown to have a significant impact in well-being and recovery of people with psychiatric problems. However, there are few studies that explore which factors can be associated and predict community integration. Moreover, community integration has been mostly studied in minority groups, and currently literature on the definition and manifestation of community integration in the more general population is scarce. Thus, the current study aims to characterize community integration and explore possible predictor variables in a sample of participants with psychiatric problems (PP, N=183) and a sample of participants from the general population (GP, N=211). Results show that people with psychiatric problems present above average values of community integration, but are significantly lower than their healthy counterparts. It was also possible to observe that community integration does not vary in terms of the socio-demographic characteristics of both groups in this study. Correlation and multiple regression showed that, among several variables that literature present as relevant in the community integration process, only three variables emerged as having the most explanatory value in community integration of both groups: sense of community, basic needs satisfaction and submission. These results also shown that those variables have increased explanatory power in the PP sample, which leads us to emphasize the need to address this issue in future studies and increase the understanding of the factors that can be involved in the promotion of community integration, in order to devise more effective interventions in this field.

Keywords: community integration, mental illness, predictors, psychiatric problems

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5276 Comparative International Law and Feminist Legal Studies, Uniting to Make a Difference in Addressing the Disempowerment of Women

Authors: Isaac Kfir

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In thinking about the role of the law and its impact on socially constructed norms and identities, scholars have come to explore a multitude of issues to do with equality, empowerment, and views. The aim of this contribution is threefold. Firstly, offer a descriptive framework of feminist legal studies (FLS) through a review of the evolution of the field in the context of equality, rights, and justice. Secondly, encourage those working on equality, rights, and justice in respect to ‘women’s issues’ to engage in international comparative legal studies. Third, to highlight that those seeking solutions to disempowerment and discrimination must recognize that they need to contend with claims that one is seeking to undermine cultural norms. Therefore, one effective way for feminists to address this situation is by relying more on the international legal mechanism, which reflects basic legal tenets as to the universality of equality, rights, and justice, that can then help shape the domestic setting.

Keywords: international comparative law, feminist legal studies, equality, rights, justice

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5275 Community Product Development of Basket Handicraft-Bag, Ang Thong Province, Thailand

Authors: Patsara Sirikamonsin

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The purposes of this study were I) to study development guidelines of community product which was basket handicraft-bag of Ang Thong province; II) to study consumer demand for the community of basket handicraft-bag products of Ang Thong province. Data were collected via group interview of the community of basket handicraft-bag and consumer in order to obtain information related to product development guidelines in line with consumer demand. The study revealed that development guidelines of community product which was basket handicraft-bag of Ang Thong province caused by the demand of consumers changed by the era which made community of basket handicraft-bag products of Ang Thong province might develop community products to be novel, stylish and accessible. The consumer demand for the product came from the need to consume goods that are like local symbols. Most of them were foreigners and tourists. The advantage of this research was that it would lead to policy implementation and lead to the development of basket handicraft-bag community products of Ang Thong to meet the needs of consumers.

Keywords: community product, product development, basket handicraft-bag, business research

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5274 Local Pricing Strategy Should Be the Entry Point of Equitable Benefit Sharing and Poverty Reduction in Community Based Forest Management: Some Evidences from Lowland Community Forestry in Nepal

Authors: Dhruba Khatri

Abstract:

Despite the short history of community based forest management, the community forestry program of Nepal has produced substantial positive effects to organize the local people at a local level institution called Community Forest User Group and manage the local forest resources in the line of poverty reduction since its inception in 1970s. Moreover, each CFUG has collected a community fund from the sale of forest products and non-forestry sources as well and the fund has played a vital role to improve the livelihood of user households living in and around the forests. The specific study sites were selected based on the criteria of i) community forests having dominancy of Sal forests, and ii) forests having 3-5 years experience of community forest management. The price rates of forest products fixed by the CFUGs and the distribution records were collected from the respective community forests. Nonetheless, the relation between pricing strategy and community fund collection revealed that the small change in price of forest products could greatly affect in community fund collection and carry out of forest management, community development, and income generation activities in the line of poverty reduction at local level.

Keywords: benefit sharing, community forest, equitable, Nepal

Procedia PDF Downloads 358
5273 Strengthening Legal Protection of Personal Data through Technical Protection Regulation in Line with Human Rights

Authors: Tomy Prihananto, Damar Apri Sudarmadi

Abstract:

Indonesia recognizes the right to privacy as a human right. Indonesia provides legal protection against data management activities because the protection of personal data is a part of human rights. This paper aims to describe the arrangement of data management and data management in Indonesia. This paper is a descriptive research with qualitative approach and collecting data from literature study. Results of this paper are comprehensive arrangement of data that have been set up as a technical requirement of data protection by encryption methods. Arrangements on encryption and protection of personal data are mutually reinforcing arrangements in the protection of personal data. Indonesia has two important and immediately enacted laws that provide protection for the privacy of information that is part of human rights.

Keywords: Indonesia, protection, personal data, privacy, human rights, encryption

Procedia PDF Downloads 157
5272 The Effect of Climatic and Cultural Conditions in Increasing the Sense of Community in Residential Complexes (Case Study: Saedyeh Residential Complex)

Authors: Razieh Esfandiarisedgh

Abstract:

Community architecture has been proposed as an alternative approach in architecture, with three political, sociological, and psychological approaches. In community architecture, the psychological approach, as the only approach related to community design, has an important index called a sense of community. Changes in today's modern society, such as the shrinking of families, cause a decrease in the sense of community and unwillingness of people. It has become a residential complex to be present in public spaces. This issue can be increased by creating motivation with the help of design for the presence and participation of people in public spaces and taking advantage of the facilities and quality of these spaces. This research used the qualitative research method, studied and collected information, and used observation and interviews in the selected sample. Through targeted sampling and matching it with the extracted design table, it was concluded that climate and culture are known as two important factors in the collective view of housing in Hamedan.

Keywords: community architecture, sense of community, environmental psychology, architecture

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5271 Preventing Violent Extremism through Augmenting Community Resilience and Empowering Community Members in Swat

Authors: Dr. Muhammad Idris Idris, Dr. Said Saeed Saeed

Abstract:

Terrorism is the chronic issue of the hour. It is the disciplined practice of vicious activities like assassinating, slaughtering, mutilating, and frightening of the innocents to attain religious, fiscal, and political goals and to question the authority of the government. Leaders of the world promised to transform the planet by empowering community members and building community resilience (CR) against terrorism. This study concentrates to explore building community resilience against terrorism and empowering community members and implement strategies for strengthening community resilience. For data collection a mixed methods methodology will be used. Means, STD deviation, Pearson correlation, and thematic analysis will be employed to analyze the gathered data. The findings of the study will be interpreted and recommendations will be furnished accordingly. Study results will be disseminated to all concerned through conferences and seminar sessions. It is predicted that after the completion, the project team will be in a robust position to start writing the report that concentrates on strengthening community resilience, which is the crucial goal of this project. The publication will contribute effectively to all stakeholders and society, particularly to the lower rungs of social order. Moreover, it is expected that this project will contribute to future research in the domain of community resilience. This project will also reveal the remarkable potential of archival research on community resilience.

Keywords: Violent Extremism, community Role, community resilience, community empowerment, Leadership role

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5270 An Analysis on Community Based Heritage Tourism: A Resource for a Small Community in Rural County Clare, Ireland

Authors: Marie Taylor, Catriona Murphy

Abstract:

The aim of this paper is to identify the factors of success in community based heritage tourism initiatives. Heritage and community are central to many tourism initiatives with heritage tourism having the potential to act as a catalyst for community development. This paper presents the findings of research that examined the relationship between heritage tourism and community development. The findings recognised that heritage tourism had economic, social and cultural benefits for a community as well as a role in strengthening concepts such as sense of identity, place, and authenticity. In addition, this paper proposes an assessment framework for sustainable community based heritage tourism to identify factors and contextual influences involved in their success or failure. In evaluating the sustainability of such initiatives, a number of issues are investigated including the continued role of stakeholders, the role of funding, the influence of collaboration and the changing role of rural development and its impact on community engagement. The research is descriptive, evaluative and explanatory research, exploring and analysing issues such as the development of community structures in community based heritage tourism. Thus, it will contribute to the development of potential tourism and community development policies and strategies at a local, national and international level. An interpretative and inductive approach is utilised, and a mixed method approach followed as it encapsulates the best of quantitative and qualitative research methods. The case studies focus on social enterprises in relation to tourism and community based tourism cooperatives as there are limited study and knowledge of these. Consequently, this research will contribute to the discourse on community based heritage tourism as an aspect of community development.

Keywords: collaboration, community-based heritage tourism, stakeholders, sustainable tourism

Procedia PDF Downloads 328
5269 Batman Forever: The Economics of Overlapping Rights

Authors: Franziska Kaiser, Alexander Cuntz

Abstract:

When copyrighted comic characters are also protected under trademark laws, intellectual property (IP) rights can overlap. Arguably, registering a trademark can increase transaction costs for cross-media uses of characters, or it can favor advertise across a number of sales channels. In an application to book, movie, and video game publishing industries, we thus ask how creative reuse is affected in situations of overlapping rights and whether ‘fuzzy boundaries’ of right frameworks are, in fact, enhancing or decreasing content sales. We use a major U.S. Supreme Court decision as a quasi-natural experiment to apply an IV estimation in our analysis. We find that overlapping rights frameworks negatively affect creative reuses. At large, when copyright-protected comic characters are additionally registered as U.S. trademarks, they are less often reprinted and enter fewer video game productions while generating less revenue from game sales.

Keywords: copyright, fictional characters, trademark, reuse

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5268 Spatial Planning of Community Green Infrastructure Based on Public Health Considerations: A Case Study of Kunhou Community

Authors: Shengdan Yang

Abstract:

The outbreak of the COVID-19 pandemic in early 2020 has made public health issues to be re-examined. The value of green space configuration is an important measure of community health quality. By combining quantitative and qualitative methods, the structure and function of community green space can be better evaluated. This study selects Wuhan Kunhou Community as the site and proposes to analyze the daily health service function of the community's green infrastructure. Through GIS-based spatial analysis, case study, and field investigation, this study evaluates the accessibility of green infrastructure and discusses the ideal green space form based on health indicators. The findings show that Kunhou Community lacks access to green infrastructure and public space for daily activities. The research findings provide a bridge between public health indicators and community space planning and propose design suggestions for green infrastructure planning.

Keywords: accessibility, community health, GIS, green infrastructure

Procedia PDF Downloads 86