Search results for: homeless court
209 Author’s Moral Rights in the Copyright Laws of the Baltic States: Comparative Legal Analysis
Authors: Sintija Zalane
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This paper examines the protection and implementation of authors' moral rights in the copyright laws of Latvia, Lithuania, and Estonia, focusing on their legal frameworks in light of the Berne Convention. The analysis highlights how moral rights, such as authorship attribution, integrity of the work, and opposition to derogatory treatment, are upheld in these jurisdictions. The study compares national approaches to posthumous protection of moral rights and their interplay with economic rights. Drawing on legal texts and court decisions, the paper identifies challenges in enforcement and suggests harmonization opportunities to strengthen the moral rights framework across the Baltic region.Keywords: authors’ moral rights, copyright laws, Baltic states, legal frameworks, berne convention, posthumous protection
Procedia PDF Downloads 10208 A Critical Analysis of the Concept of Unconscionable Abuse under the South African Company Law
Authors: Siphethile Phiri
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Although a company is a legal entity with separate legal personality, the courts are empowered to review and set aside the personality of a company on the ground of ‘an unconscionable abuse’. The process is called piercing of the corporate veil. Of interesting note however, it is controversial as to what the concept of ‘unconscionable abuse’ entails. The purpose of this study is to explore this concept in an attempt to understand its proper meaning and how it bears on the powers of the company director to take decision on behalf of the company as a juristic entity. Given the confounding provision, an attempt is made to identify the circumstances in which the courts may pierce the corporate veil and also to investigate the extent to which the courts can do so. The results of this study show that the term unconscionable abuse is a legislative innovation to justify the court’s interference with the separate legal personality functions of a company.Keywords: company law, unconscionable abuse, director, companies act
Procedia PDF Downloads 297207 Journey to Cybercrime and Crime Opportunity: Quantitative Analysis of Cyber Offender Spatial Decision Making
Authors: Sinchul Back, Sun Ho Kim, Jennifer LaPrade, Ilju Seong
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Due to the advantage of using the Internet, cybercriminals can reach target(s) without border controls. Prior research on criminology and crime science has largely been void of empirical studies on journey-to-cybercrime and crime opportunity. Thus, the purpose of this study is to understand more about cyber offender spatial decision making associated with crime opportunity factors (i.e., co-offending, offender-stranger). Data utilized in this study were derived from 306 U.S. Federal court cases of cybercrime. The findings of this study indicated that there was a positive relationship between co-offending and journey-to-cybercrime, whereas there was no link between offender-stranger and journey-to-cybercrime. Also, the results showed that there was no relationship between cybercriminal sex, age, and journey-to-cybercrime. The policy implications and limitations of this study are discussed.Keywords: co-offending, crime opportunity, journey-to-cybercrime, offender-stranger
Procedia PDF Downloads 179206 Predicting the Human Impact of Natural Onset Disasters Using Pattern Recognition Techniques and Rule Based Clustering
Authors: Sara Hasani
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This research focuses on natural sudden onset disasters characterised as ‘occurring with little or no warning and often cause excessive injuries far surpassing the national response capacities’. Based on the panel analysis of the historic record of 4,252 natural onset disasters between 1980 to 2015, a predictive method was developed to predict the human impact of the disaster (fatality, injured, homeless) with less than 3% of errors. The geographical dispersion of the disasters includes every country where the data were available and cross-examined from various humanitarian sources. The records were then filtered into 4252 records of the disasters where the five predictive variables (disaster type, HDI, DRI, population, and population density) were clearly stated. The procedure was designed based on a combination of pattern recognition techniques and rule-based clustering for prediction and discrimination analysis to validate the results further. The result indicates that there is a relationship between the disaster human impact and the five socio-economic characteristics of the affected country mentioned above. As a result, a framework was put forward, which could predict the disaster’s human impact based on their severity rank in the early hours of disaster strike. The predictions in this model were outlined in two worst and best-case scenarios, which respectively inform the lower range and higher range of the prediction. A necessity to develop the predictive framework can be highlighted by noticing that despite the existing research in literature, a framework for predicting the human impact and estimating the needs at the time of the disaster is yet to be developed. This can further be used to allocate the resources at the response phase of the disaster where the data is scarce.Keywords: disaster management, natural disaster, pattern recognition, prediction
Procedia PDF Downloads 153205 Survey of Personality Characteristics in Adolescents under the Care of Tehran Juvenile Detention Center
Authors: Jamal Shokrzadehmadiyeh, Kambiz Kamkari, Shohreh Shokrzadeh
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According to the research topic, the purpose of the current paper is to research personality characteristics in adolescents under the care of the Tehran Juvenile Detention Centre, and a survey research method has been used. In this regard, through systematic random sampling, 120 people from the research population were selected as a sample, who were referred to Tehran Juvenile Detention Centre after the decision was reached by the court. Data collection was carried out by separate examination using NEO-PI-III personality inventory, and statistical analysis was done using a one-sample t-test. Finally, the results of the research revealed that the level of neuroticism is higher than the average level, the level of conscientiousness is lower than the average level, and the level of extraversion, agreeableness, and openness are at the average level.Keywords: personality characteristics, adolescents, Juvenile Detention Center, Tehran city
Procedia PDF Downloads 105204 [Keynote Talk] The Practices and Issues of Career Education: Focusing on Career Development Course on Various Problems of Society
Authors: Azusa Katsumata
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Several universities in Japan have introduced activities aimed at the mutual enlightenment of a diversity of people in career education. However, several programs emphasize on delivering results, and on practicing the prepared materials as planned. Few programs focus on unexpected failures and setbacks. This way of learning is important in career education so that classmates can help each other, overcome difficulties, draw out each other’s strengths, and learn from them. Seijo University in Tokyo offered excursion focusing Various Problems of Society, as second year career education course, Students will learn about contraception, infertility, homeless people, LGBT, and they will discuss based on the excursion. This paper aims to study the ‘learning platform’ created by a series of processes such as the excursion, the discussion, and the presentation. In this course, students looked back on their lives and imagined the future in concrete terms, performing tasks in groups. The students came across a range of values through lectures and conversations, thereby developing feelings of self-efficacy. We conducted a questionnaire to measure the development of career in class. From the results of the questionnaire, we can see, in the example of this class, that students respected diversity and understood the importance of uncertainty and discontinuity. Whereas the students developed career awareness, they actually did not come across that scene and would do so only in the future when it became necessary. In this class, students consciously considered social problems, but did not develop the practical skills necessary to deal with these. This is appropriate for one of project, but we need to consider how this can be incorporated into future courses. University constitutes only a single period in life-long career formation. Thus, further research may be indicated to determine whether the positive effects of career education at university continue to contribute to individual careers going forward.Keywords: career education of university, excursion, learning platform, problems of society
Procedia PDF Downloads 262203 The Lighthouse Project: Recent Initiatives to Navigate Australian Families Safely Through Parental Separation
Authors: Kathryn McMillan
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A recent study of 8500 adult Australians aged 16 and over revealed 62% had experienced childhood maltreatment. In response to multiple recommendations by bodies such as the Australian Law Reform Commission, parliamentary reports and stakeholder input, a number of key initiatives have been developed to grapple with the difficulties of a federal-state system and to screen and triage high-risk families navigating their way through the court system. The Lighthouse Project (LHP) is a world-first initiative of the Federal Circuit and Family Courts in Australia (FCFOCA) to screen family law litigants for major risk factors, including family violence, child abuse, alcohol or substance abuse and mental ill-health at the point of filing in all applications that seek parenting orders. It commenced on 7 December 2020 on a pilot basis but has now been expanded to 15 registries across the country. A specialist risk screen, Family DOORS, Triage has been developed – focused on improving the safety and wellbeing of families involved in the family law system safety planning and service referral, and ¬ differentiated case management based on risk level, with the Evatt List specifically designed to manage the highest risk cases. Early signs are that this approach is meeting the needs of families with multiple risks moving through the Court system. Before the LHP, there was no data available about the prevalence of risk factors experienced by litigants entering the family courts and it was often assumed that it was the litigation process that was fueling family violence and other risks such as suicidality. Data from the 2022 FCFCOA annual report indicated that in parenting proceedings, 70% alleged a child had been or was at risk of abuse, 80% alleged a party had experienced Family Violence, 74 % of children had been exposed to Family Violence, 53% alleged through substance misuse by party children had caused or was at risk of causing harm to children and 58% of matters allege mental health issues of a party had caused or placed a child at risk of harm. Those figures reveal the significant overlap between child protection and family violence, both of which are under the responsibility of state and territory governments. Since 2020, a further key initiative has been the co-location of child protection and police officials amongst a number of registries of the FCFOCA. The ability to access in a time-effective way details of family violence or child protection orders, weapons licenses, criminal convictions or proceedings is key to managing issues across the state and federal divide. It ensures a more cohesive and effective response to family law, family violence and child protection systems.Keywords: child protection, family violence, parenting, risk screening, triage.
Procedia PDF Downloads 77202 A Method to Enhance the Accuracy of Digital Forensic in the Absence of Sufficient Evidence in Saudi Arabia
Authors: Fahad Alanazi, Andrew Jones
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Digital forensics seeks to achieve the successful investigation of digital crimes through obtaining acceptable evidence from digital devices that can be presented in a court of law. Thus, the digital forensics investigation is normally performed through a number of phases in order to achieve the required level of accuracy in the investigation processes. Since 1984 there have been a number of models and frameworks developed to support the digital investigation processes. In this paper, we review a number of the investigation processes that have been produced throughout the years and introduce a proposed digital forensic model which is based on the scope of the Saudi Arabia investigation process. The proposed model has been integrated with existing models for the investigation processes and produced a new phase to deal with a situation where there is initially insufficient evidence.Keywords: digital forensics, process, metadata, Traceback, Sauid Arabia
Procedia PDF Downloads 359201 Provide Adequate Protection to Avoid Secondary Victimization: Ensuring the Rights of the Child Victims in the Criminal Justice System
Authors: Muthukuda Arachchige Dona Shiroma Jeeva Shirajanie Niriella
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The necessity of protection of the rights of victims of crime is a matter of concerns today. In the criminal justice system, child victims who are subjected to sexual abuse/violence are more vulnerable than the other crime victims. When they go to the police to lodge the complaint and until the end of the court proceedings, these victims are re-victimized in the criminal justice system. The rights of the suspects, accused and convicts are recognized and guaranteed by the constitution under fair trial norm, contemporary penal laws where crime is viewed as an offence against the State and existing criminal justice system in many jurisdictions including Sri Lanka. In this backdrop, a reasonable question arises as to whether the existing criminal justice system, especially which follow the adversarial mode of judicial trial protect the fair trial norm in the criminal justice process. Therefore, this paper intends to discuss the rights of the sexually abused child victims in the criminal justice system in order to restore imbalance between the rights of the wrongdoer and victim and suggest legal reforms to strengthen their rights in the criminal justice system which is essential to end secondary victimization. The paper considers Sri Lanka as a sample to discuss this issue. The paper looks at how the child victims are marginalized in the traditional adversarial model of the justice process, whether the contemporary penal laws adequately protect the right of these victims and whether the current laws set out the provisions to provide sufficient assistance and protection to them. The study further deals with the important principles adopted in international human rights law relating to the protection of the rights of the child victims in sexual offences cases. In this research paper, rights of the child victims in the investigation, trial and post-trial stages in the criminal justice process will be assessed. This research contains an extensive scrutiny of relevant international standards and local statutory provisions. Case law, books, journal articles, government publications such as commissions’ reports under this topic are rigorously reviewed as secondary resources. Further, randomly selected 25 child victims of sexual offences from the decided cases in last two years, police officers from 5 police divisions where the highest numbers of sexual offences were reported in last two years and the judicial officers both Magistrates and High Court Judges from the same judicial zones are interviewed. These data will be analyzed in order to find out the reasons for this specific sexual victimization, needs of these victims in various stages of the criminal justice system, relationship between victimization and offending and the difficulties and problems that these victims come across in criminal justice system. The author argues that the child victims are considerably neglected and their rights are not adequately protected in the adversarial model of the criminal justice process.Keywords: child victims of sexual violence, criminal justice system, international standards, rights of child victims, Sri Lanka
Procedia PDF Downloads 368200 Tackling Corruption in Nigeria Using Social Studies and Other Agents of Socialization
Authors: Joshua Garba Dodo
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Corruption has become endemic in Nigeria, affecting almost all facets of the society, thereby thwarting the effort of national development. The thrust of this paper, therefore, is to see how corruption can be brought to its barest minimum if not totally eradicated using social studies and other agents of socialization. In doing that, the paper defines the concepts of corruption, social studies, and socialization. Discourse on the causes of corruption and the effect on national development is made. The paper examines the role of social studies, family, and the mass media in tackling corruption. The paper also asserts that if an aggressive campaign is mounted by the mass media as a way of supporting the present government in her effort to solve the corruption problem in the country, it will help in changing the psyche of the citizenry about corruption. Finally, the paper recommends, among others, that families and communities should sanction their sons and daughters involved in corrupt practices if proven by a competent court of law.Keywords: corruption, social studies, family, mass media, socialization
Procedia PDF Downloads 93199 A Descriptive Study on Micro Living and Its Importance over Large Houses by Understanding Various Scenarios and Case Studies
Authors: Belal Neazi
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'Larger Houses Consume More Resources’ – both in construction and during operation. The most important aspect of smaller homes is that it uses less electricity and fuel for construction and maintenance. Here, an urban interpretation of the contemporary minimal existence movement is explained. In an attempt to restrict urban decay and to encourage inner-city renewal, the Tiny House principles are interpreted as alternative ways of dwelling in urban neighbourhoods. These tiny houses are usually pretty different from each other in interior planning, but almost similar in size. The disadvantage of large homes came up when people were asked to vacate as they were not able to pay the massive amount of mortgages. This made them reconsider their housing situation and discover the ideas of minimalism and the general rising inclination in environmental awareness that serve as the basis for the tiny house movement. One of the largest benefits of inhabiting a tiny house is the decrease in carbon footprint. Also, to increase social behaviour and freedom. It’s better for the environmental concern, financial concerns, and desire for more time and freedom. Examples of the tiny house village which are sustaining homeless population and the use of different reclaimed materials for the construction of these tiny houses are explained in the paper. It is proposed in the paper, that these houses will reflect the diversity while proposing an alternative model for the rehabilitation of decaying row-homes and the renewal of fading communities. The core objective is to design small or micro spaces for the economically backward people of the place and increase their social behaviour and freedom. Also, it’s better for the environmental concern, financial concerns, and desire for more time and freedom.Keywords: city renewal, environmental concern, micro-living, tiny house
Procedia PDF Downloads 182198 Batman Forever: The Economics of Overlapping Rights
Authors: Franziska Kaiser, Alexander Cuntz
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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
Procedia PDF Downloads 209197 From Within a Domestic Violence Shelter Identifying the Sociological and Psychological Impact of Refugee Muslim Women and Children in America
Authors: Asma Inge-Hanif, Ayyub Ansari Hanif
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The impact of conflicts, the subsequent refugee migration to America and their attempted use of societal resources implicate the lack of further humanitarian aid as a consequence of the abrupt decrease in services and policy changes stemming from new governmental mandates and Executive Orders. Statistical research data indicates a substantial decline in access to standardized health services by refugee women creating a significant alteration in the management of their maternal health care in America, previously shown to result in decreased mortality and morbidity. Studying nursing at Howard University in Washington, D.C., observed doctors were not always sensitive to the needs and modesty concerns of immigrant Muslim women - often unintentionally. Among health care professionals, the prevailing belief should be that every man, woman and child has the right to quality care in a dignified manner and the achievement of optimal health and well-being, regardless of race, creed, socio-economic level or status. In 1987 Muslimat Al Nisaa Health and Social Services Center was established to care for underserved and uninsured women and children. This Center, plus the subsequent shelter, provided direct access to those homeless, refugees, human trafficking and women victims of domestic violence was established and provides the data for this study. Understanding specific culture, social, economic and religious nuances respects their diversity and addressing their basic human needs that they achieve optimal success. The ultimate goal being to facilitate the rescue and housing of those whom escaped from a country/communities where girls are devalued, brought, sold and abused.Keywords: women, refugee, domestic violence, health care
Procedia PDF Downloads 89196 Peculiar Implications of Self Perceived Identity as Policy Tool for Transgender Recognition in Pakistan
Authors: Hamza Iftikhar
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The research study focuses on the transgender community's gender recognition challenges. It is one of the issues for the transgender community, interacting directly with the difficulties of gender identity and the lives of these people who are facing gender disapproval from society. This study investigates the major flaws of the transgender act. The study's goal is to look into the strange implications of self-perceived identity as a policy tool for transgender recognition. This policy tool jeopardises the rights of Pakistan's indigenous gender-variant people as well as the country's legal and social framework. Qualitative research using semi structured interviews will be carried out. This study proposes developing a scheme for mainstreaming gender-variant people on the basis of the Pakistani Constitution, Supreme Court guidelines, and internationally recognised principles of law. This would necessitate a thorough review of current law using a new approach and reference point.Keywords: transgender act, self perceived identity, gender variant, policy tool
Procedia PDF Downloads 117195 Monitoring the Change of Padma River Bank at Faridpur, Bangladesh Using Remote Sensing Approach
Authors: Ilme Faridatul, Bo Wu
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Bangladesh is often called as a motherland of rivers. It contains about 700 rivers among all these the Padma River is one of the largest rivers of Bangladesh. The change of river bank and erosion has become a common environmental natural hazard in Bangladesh. The river banks are under intense pressure from natural processes such as erosion and accretion as well as anthropogenic processes such as urban growth and pollution. The Padma River is flowing along ten districts of Bangladesh among all these Faridpur district is most vulnerable to river bank erosion. The severity of the river erosion is so high that each year a thousand of populations become homeless and lose their agricultural lands. Though the Faridpur district is most vulnerable to river bank erosion no specific research has been conducted to identify the changing pattern of river bank along this district. The outcome of the research may serve as guidance to prepare river bank monitoring program and management. This research has utilized integrated techniques of remote sensing and geographic information system to monitor the changes from 1995 to 2015 at Faridpur district. To discriminate the land water interface Modified Normalized Difference Water Index (MNDWI) algorithm is applied and on screen digitization approach is used over MNDWI images of 1995, 2002 and 2015 for river bank line extraction. The extent of changes in the river bank along Faridpur district is estimated through overlaying the digitized maps of all three years. The river bank lines are highlighted to infer the erosion and accretion and the changes are calculated. The result shows that the middle of the river is gaining land through sedimentation and the both side river bank is shifting causing severe erosion that consequently resulting the loss of farmland and homestead. Over the study period from 1995 to 2015 it witnessed huge erosion and accretion that played an active role in the changes of the river bank.Keywords: river bank, erosion and accretion, change monitoring, remote sensing
Procedia PDF Downloads 325194 Perpetrators of Ableist Sexual Violence: Understanding Who They Are and Why They Target People with Intellectual Disabilities in Australia
Authors: Michael Rahme
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Over the past decade, there is an overwhelming consensus spanning across academia, government commissions, and civil societies that concede that individuals with disabilities (IWDs), particularly those with intellectual differences, are a demographic most ‘vulnerable’ to experiences of sexual violence. From this global accord, numerous policies have sprouted in the protection of this ‘pregnable’ sector of society, primarily framed around liberal obligations of stewardship over the ‘defenceless.’ As such, these initiatives mainly target post-incident or victim-based factors of sexual violence, which is apparent in proposals for more inclusive sexual education and accessible contact lines for IWDs. Yet despite the necessity of these initiatives, sexual incidents among this demographic persist and, in nations such as Australia, continue to rise. Culture of Violence theory reveals that such discrepancies in theory and practice stem from societal structures that frame individuals as ‘vulnerable’, ‘impregnable’, or ‘defenceless’ because of their disability, thus propagating their own likelihood of abuse. These structures, as embodied by the Australian experience, allow these sexual violences to endure through cultural ideologies that place the IWDs ‘failures’ at fault while sidelining the institutions that permit this abuse. Such is representative of the initiatives of preventative organizations like People with Disabilities Australia, which have singularly strengthened victim protection networks, despite abuse continuing to rise dramatically among individuals with intellectual disabilities alone. Yet regardless of this rise, screenings of families and workers remain inadequate and practically untouched, a reflection of a tremendous societal warp in understanding surrounding the lived experiences of IWDs. This theory is also representative of broader literature, where the study of the perpetrators of disability rights, particularly sexual rights, is almost unapparent in a field that is already seldom studied. Therefore, placing power on the abuser via stripping that of the victims. As such, the Culture of Violence theory (CVT) sheds light on the institutions that allow these perpetrators to prosper. This paper, taking a CVT approach, aims to dissipate this discrepancy in the Australian experience by way of a qualitative analysis of all available court proceedings and tribunals between 2020-2022. Through an analysis of the perpetrator, their relation to the IWD, and the motives for their actions granted by court and tribunal transcripts and the psychological, and behavioural reports, among other material, that have been presented and consulted during these proceedings. All of which would be made available under the 1982 Freedom of Information Act. The findings from this study, through the incorporation of CVT, determine the institutions in which these abusers function and the ideologies which motivate such behaviour; while being conscious of the issue of re-traumatization and language barriers of the abusees. Henceforth, this study aims to be a potential policy guide on strengthening support institutions that provide IWDs with their basic rights. In turn, undermining sexual violence among individuals with intellectual disabilities at its roots.Keywords: criminal profiling, intellectual disabilities, prevention, sexual violence
Procedia PDF Downloads 93193 “Polytic Iconography”: The Sky and Pants of Nicolas-Antoine Taunay (1755-1830)
Authors: Bárbara Dantas
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Nicolas-Antoine Taunay had everything to have a quiet life with his numerous family, his colleagues from the Paris Academy of Art, and as a renowned painter of the French Court, but the conjuncture was quite complicated in those final years of the eighteenth century and first decades of the 19th century. The painter had to adapt to various political and social ruptures: from royalty to the French Revolution, from the empire of Napoleon Bonaparte to the empire of King John VI. According to the method of analysis that involves the idea of "political iconography" from Carlo Ginzburg and the concept of "representation" associated with Georges Didi-Huberman, this work wishes to insert Taunay in its context through the analysis of his portrait made by a colleague of the profession and of a Brazilian landscape painted of his own (1816-1821) and, in which he represented himself. Finally, the intention is to find in these two paintings how Nicolas-Antoine Taunay faced himself and in the middle that surrounded him in the traffic that was forced to make it between Paris and Rio de Janeiro.Keywords: Nicolas-Antoine Taunay, politic iconography, French art, Brazilian art, 19th century
Procedia PDF Downloads 94192 Freedom with Limitations: The Nature of Free Expression in the European Case-Law
Authors: Laszlo Vari
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In the digital age, the spread of the mobile world and the nature of the cyberspace, offers many new opportunities for the prevalence of the fundamental right to free expression, and therefore, for free speech and freedom of the press; however, these new information communication technologies carry many new challenges. Defamation, censorship, fake news, misleading information, hate speech, breach of copyright etc., are only some of the violations, all of which can be derived from the harmful exercise of freedom of expression, all which become more salient in the internet. Here raises the question: how can we eliminate these problems, and practice our fundamental freedom rightfully? To answer this question, we should understand the elements and the characteristic of the nature of freedom of expression, and the role of the actors whose duties and responsibilities are crucial in the prevalence of this fundamental freedom. To achieve this goal, this paper will explore the European practice to understand instructions found in the case-law of the European Court of Human rights for the rightful exercise of freedom of expression.Keywords: collision of rights, European case-law, freedom opinion and expression, media law, freedom of information, online expression
Procedia PDF Downloads 139191 The Lacuna in Understanding of Forensic Science amongst Law Practitioners in India
Authors: Poulomi Bhadra, Manjushree Palit, Sanjeev P. Sahni
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Forensic science uses all branches of science for criminal investigation and trial and has increasingly emerged as an important tool in the administration of justice. However, the growth and development of this field in India has not been as rapid or widespread as compared to the more developed Western countries. For successful administration of justice, it is important that all agencies involved in law enforcement adopt an inter-professional approach towards forensic science, which is presently lacking. In light of the alarmingly high average acquittal rate in India, this study aims to examine the lack of understanding and appreciation of the importance and scope of forensic evidence and expert opinions amongst law professionals such as lawyers and judges. Based on a study of trial court cases from Delhi and surrounding areas, the study underline the areas in forensics where the criminal justice system has noticeably erred. Using this information, the authors examine the extent of forensic understanding amongst legal professionals and attempt to conclusively identify the areas in which they need further appraisal. A cross-sectional study done using a structured questionnaire was conducted amongst law professionals across age, gender, type and years of experience in court, to determine their understanding of DNA, fingerprints and other interdisciplinary scientific materials used as forensic evidence. In our study, we understand the levels of understanding amongst lawyers with regards to DNA and fingerprint evidence, and how it affects trial outcomes. We also aim to understand the factors that prevent credible and advanced awareness amongst legal personnel, amongst others. The survey identified the areas in modern and advanced forensics, such as forensic entomology, anthropology, cybercrime etc., in which Indian legal professionals are yet to attain a functional understanding. It also brings to light, what is commonly termed as the ‘CSI-effect’ in the Western courtrooms, and provides scope to study the existence of this phenomenon and its effects on the Indian courts and their judgements. This study highlighted the prevalence of unchallenged expert testimony presented by the prosecution in criminal trials and impressed upon the judicial system the need for independent analysis and evaluation of the scientist’s data and/or testimony by the defense. Overall, this study aims to define a clearer and rigid understanding of why legal professionals should have basic understanding of the interdisciplinary nature of forensic sciences. Based on the aforementioned findings, the author suggests various measures by which judges and lawyers might obtain an extensive knowledge of the advances and promising potentialities of forensic science. This includes promoting a forensic curriculum in legal studies at Bachelor’s and Master’s level as well as in mid-career professional courses. Formation of forensic-legal consultancies, in consultation with the Department of Justice, will not only assist in training police, military and law personnel but will also encourage legal research in this field. These suggestions also aim to bridge the communication gap that presently exists between law practitioners, forensic scientists and the general community’s awareness of the criminal justice system.Keywords: forensic science, Indian legal professionals, interdisciplinary awareness, legal education
Procedia PDF Downloads 341190 Public-Public Partnership and Tourism Development Strategy: The Case of Municipality of Gazi Baba in Macedonia
Authors: Dejan Metodijeski, Elizabeta Mitreva, Nako Taskov, Oliver Filiposki
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Tourism development strategies are an important link in the tourism policy that is used to make its management better and easier. A public-public partnership (PUP) is a partnership between two or more public authorities or between a public authority and any non-profit organization with the goal of providing services and facilities or transferring technical skills. The paper presents this kind of partnership between two public authorities in Macedonia, the Municipality of Gazi Baba on one hand, and the University of Goce Delcev on the other. The main idea of this partnership is the development of a tourism strategy for the Municipality of Gazi Baba by the University on one side, and on the other, the construction of a mini park in the court of the University by the Municipality. This paper presents the causes and analyzes the procedures relating to this partnership and the methodology of the tourism development strategy. It contains a relevant literature review related to PUPs and tourism development strategy. The results and benefits of this partnership are presented with figures.Keywords: public-public partnership, tourism development strategy, municipality of Gazi Baba, Macedonia
Procedia PDF Downloads 363189 The Lawfulness of the Determination of a Criminal Suspect as a New Pre-Trial's Object
Authors: Muhammad Tanziel Aziezi
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In Indonesia, pre-trial (in Indonesia called ‘praperadilan’) is a mechanism that is regulated on Criminal Procedure Code as a form of oversight and check and balance on the process at the stage of inquiry, investigation, and prosecution, so that actions taken by the State (in this case, the police and prosecutor) is carried out in accordance with its authority and not violate human rights. Article 77 of the Criminal Procedure Code has been set that the object may be filed pretrial is just about the lawfulness of the arrest, the lawfulness of the detention, and the legitimacy of stopping investigation and prosecution. However, since the beginning of 2015, there was a further object which is then entered as a pre-trial object, namely the lawfulness of the determination of a criminal suspect. This is because the determination of the suspect is considered as one of the forceful measures that could restrict the rights of a person, so the implementation should have oversight and checks and balances by the courts. This paper will discuss the development of the pre-trial on the lawfulness of the determination of a criminal suspect as a new judicial mechanism as the protection of human rights in Indonesia.Keywords: criminal procedure law, pre-trial, lawfulness of determination of a criminal suspect, check and balance by the court
Procedia PDF Downloads 339188 A Passive Digital Video Authentication Technique Using Wavelet Based Optical Flow Variation Thresholding
Authors: R. S. Remya, U. S. Sethulekshmi
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Detecting the authenticity of a video is an important issue in digital forensics as Video is used as a silent evidence in court such as in child pornography, movie piracy cases, insurance claims, cases involving scientific fraud, traffic monitoring etc. The biggest threat to video data is the availability of modern open video editing tools which enable easy editing of videos without leaving any trace of tampering. In this paper, we propose an efficient passive method for inter-frame video tampering detection, its type and location by estimating the optical flow of wavelet features of adjacent frames and thresholding the variation in the estimated feature. The performance of the algorithm is compared with the z-score thresholding and achieved an efficiency above 95% on all the tested databases. The proposed method works well for videos with dynamic (forensics) as well as static (surveillance) background.Keywords: discrete wavelet transform, optical flow, optical flow variation, video tampering
Procedia PDF Downloads 359187 The Effect of Artificial Intelligence on Media Production
Authors: Mona Mikhail Shakhloul Gadalla
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The brand-new media revolution, which features a huge range of new media technologies like blogs, social networking, visual worlds, and wikis, has had a tremendous impact on communications, traditional media and across different disciplines. This paper gives an evaluation of the impact of recent media technology on the news, social interactions and conventional media in developing and advanced nations. The look points to the reality that there is a widespread impact of recent media technologies on the news, social interactions and the conventional media in developing and developed nations, albeit undoubtedly and negatively. Social interactions have been considerably affected, in addition to news manufacturing and reporting. It's miles reiterated that regardless of the pervasiveness of recent media technologies, it might now not carry a complete decline of conventional media. This paper contributes to the theoretical framework of the new media and will assist in assessing the extent of the effect of the new media in special places.Keywords: court reporting, offenders in media, quantitative content analysis, victims in mediamedia literacy, ICT, internet, education communication, media, news, new media technologies, social interactions, traditional media
Procedia PDF Downloads 34186 The Standard of Reasonableness in Fundamental Rights Adjudication under the Indian Constitution
Authors: Nandita Narayan
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In most constitutional democracies, courts have been the gatekeepers of fundamental rights. The task of determining whether a violation is in fact justified, therefore, is judicial. Any state action, legislative or administrative, has to be tested by the application of two standards – first, the action must be within the scope of the authority conferred by law and, second, it must be reasonable. If any action, within the scope of the authority conferred by law is found to be unreasonable, it will be struck down as unconstitutional or ultra vires. This paper seeks to analyse the varying standards of reasonableness adopted by the Supreme Court of India where there is a violation of fundamental rights by state action. This is sought to be done by scrutinising case laws and classifying the legality of the violation under one of three levels of judicial scrutiny—strict, intermediate, or weak. The paper concludes by proving that there is an irregularity in the standards adopted, thus resulting in undue discretionary power of the judiciary which strikes at the very concept of reasonableness and ultimately becomes arbitrary in nature. This conclusion is reached by the comparison of reasonableness review of fundamental rights in other jurisdictions such as the USA and Canada.Keywords: constitutional law, judicial review, fundamental rights, reasonableness, India
Procedia PDF Downloads 149185 Shifting Constitutionalism: An Analysis of Emerging Paradigms within the United Kingdom
Authors: Stephen Clear
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Brexit, the relationship between devolved administrations, and Westminster, as well as recent Supreme Court judgments, all evidence that traditional paradigms in the divide between legal and political constitutionalism are changing within the United Kingdom. Whilst not mutually exclusive concepts, these latest constitutional developments suggest that the UK is about to embark upon radical constitutional reform over the course of the next decade. Such will systematically redefine the roles and relationships of each of the three arms of the State. In mapping these three latest events, this paper starts by defining constitutionalism as a jurisprudential concept, from the Age of Enlightenment, through to its present day manifestations in 2020. Such thereafter explains why the UK is seeking to move further away from political constitutionalism, and instead towards an increased reliance on newly defined laws and rules, particularly given that the UK now has a government with a stronger working majority following the general election results in 2019. In doing so, this paper concludes by commenting upon recent concerns surrounding the potential for the politicization of the judiciary within the United Kingdom, at a time when the UK Prime Minister is seeking to redefine the country’s constitutional rulebook.Keywords: United Kingdom, Brexit, constitutionalism, law, politics, constitutional reform, separation of powers
Procedia PDF Downloads 138184 Migrant and Population Health, Two Sides of a Coin: A Descriptive Study
Authors: A. Sottomayor, M. Perez Duque, M. C. Henriques
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Introduction: Migration is not a new phenomenon; nomads often traveled, seeking better living conditions, including food and water. The increase of migrations affects all countries, rising health-related challenges. In Portugal, we have had migrant movements in the last decades, pairing with economic behavior. Irregular immigrants are detained in Santo António detention center from Portuguese Immigration and Borders Service (USHA-SEF) in Porto until court decision for a maximum of 60 days. It is the only long stay officially designated detention center for immigrants in Portugal. Immigrant health is important for public health (PH). It affects and is affected by the community. The XXVII Portuguese Government considered immigrant integration, including access to health, health promotion, protection and reduction of inequities a political priority. Many curative, psychological and legal services are provided for detainees, but until 2015, no structured health promotion or prevention actions were being held at USHA-SEF. That year, Porto Occidental PH Local Unit started to provide vaccination and health literacy on this theme for detainees and SEF workers. Our activities include a vaccine lecture, a medical consultation with vaccine prescription and administration, along with documented proof of vaccination. All vaccines are volunteer and free of charge. This action reduces the risk of importation and transmission of diseases, contributing to world eradication and elimination programs. We aimed to characterize the demography of irregular immigrant detained at UHSA-SEF and describe our activity. Methods: All data was provided by Porto Occidental Public Health Unit. All paper registers of vaccination were uploaded to MicrosoftExcel®. We included all registers and collected demographic variables, nationality, vaccination date, category, and administered vaccines. Descriptive analysis was performed using MicrosoftExcel®. Results: From 2015 to 2018, we delivered care to 256 individuals (179 immigrants; 77 workers). Considering immigrants, 72% were male, and 8 (16%) women were pregnant. 85% were between 20-54 years (ᵡ=30,8y; 2-71y), and 11 didn’t report any age. Migrants came from 48 countries, and India had the highest number (9%). MMR and Tetanus vaccines had > 90% vaccination rate and Poliomyelitis, hepatitis B and flu vaccines had around 85% vaccination rates. We had a consistent number of refusals. Conclusion: Our irregular migrant population comes from many different countries, which increases the risk of disease importation. Pregnant women are present as a particular subset of irregular migrants, and vaccination protects them and the baby. Vaccination of migrant is valuable for them and for the countries in which they pass. It contributes to universal health coverage, for eradication programmes and accomplishment of the Sustainable Development Goals. Peer influence may present as a determinant of refusals so we must consistently educate migrants before vaccination. More studies would be valuable, particularly on the migrant trajectory, duration of stay, destiny after court decision and health impact.Keywords: migrants, public health, universal health coverage, vaccination
Procedia PDF Downloads 123183 The Duty of Application and Connection Providers Regarding the Supply of Internet Protocol by Court Order in Brazil to Determine Authorship of Acts Practiced on the Internet
Authors: João Pedro Albino, Ana Cláudia Pires Ferreira de Lima
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Humanity has undergone a transformation from the physical to the virtual world, generating an enormous amount of data on the world wide web, known as big data. Many facts that occur in the physical world or in the digital world are proven through records made on the internet, such as digital photographs, posts on social media, contract acceptances by digital platforms, email, banking, and messaging applications, among others. These data recorded on the internet have been used as evidence in judicial proceedings. The identification of internet users is essential for the security of legal relationships. This research was carried out on scientific articles and materials from courses and lectures, with an analysis of Brazilian legislation and some judicial decisions on the request of static data from logs and Internet Protocols (IPs) from application and connection providers. In this article, we will address the determination of authorship of data processing on the internet by obtaining the IP address and the appropriate judicial procedure for this purpose under Brazilian law.Keywords: IP address, digital forensics, big data, data analytics, information and communication technology
Procedia PDF Downloads 124182 Income Inequality and the Poverty of Youth in the Douala Metropolis of Cameroon
Authors: Nanche Billa Robert
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More and more youth are doubtful of making a satisfactory labour market transition because of the present global economic instability and this is more so in Africa of the Sahara and metropolis like Douala. We use the explanatory sequential mixed method: in the first phase we randomly administered 610 questionnaires in the Douala metropolis respecting the population size of each division and its gender composition. We constructed the questionnaire using the desired values for living a comfortable life in Douala. In the second phase, we purposefully selected and interviewed 50 poor youth in order to explain in detail the initial quantitative results. We obtain the following result: The modal income class is 24,000-74,000 frs Central Africa Franc (CFA) and about 67% of the youth of the Douala metropolis earn below 75,000 frs CFA. They earn only 31.02% of the total income. About 85.7% earn below 126,000 frs CFA and about 92.14% earn below 177,000 frs CFA. The poverty-line is estimated at 177,000 frs CFA per month based on the desired predominant values in Douala and only about 9% of youth earn this sum, therefore, 91% of the youth are poor. We discovered that the salary a youth earns influences his level of poverty. Low income earners eat once or twice per day, rent low-standard houses of below 20,000 frs, are dependent and possess very limited durable goods, consult traditional doctors when they are sick, sleep and gamble during their leisure time. Intermediate income earners feed themselves either twice or thrice per day, eat healthy meals weekly, possess more durable goods, are independent, gamble and drink during their leisure time. High income earners feed themselves at least thrice per day, eat healthy food daily, inhabit high quality and expensive houses, are more stable by living longer in their neighbourhoods, like travelling and drinking during their leisure time. Unsalaried youth, are students, housewives or unemployed youth, they eat four times per day, take healthy meals daily, weekly, fortnightly or occasionally, are dependent or homeless depending on whether they are students or unemployed youth. The situation of the youth can be ameliorated through investing in the productive sector and promoting entrepreneurship as well as formalizing the informal sector.Keywords: income, inequality, poverty, metropolis
Procedia PDF Downloads 94181 Conceptual Metaphors of Responsibility in Arabic to English Translation of Political Speeches: A Corpus-Based Study
Authors: Amr Anany
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This study offers a corpus-based analysis of the conceptual metaphors of RESPONSIBILITY inherent in the Arabic political speeches of King Abdulla II and their English translations rendered by the translators of the Royal Hashemite Court ("RHC translators"). In view of the Conceptual Metaphor Theory (CMT), the current study aims to uncover the extent to which the dominant ideology in the source Arabic speeches of King Abdulla II is conveyed into the target English translation. The study explores a bilingual corpus, including eleven authentic Arabic speeches delivered by King Abdulla II and their English translations. The study finds that both Arabic and English share several metaphorical expressions of RESPONSIBILITY that are based on bodily experience such as RESPONSIBILITY IS UP, RESPONSIBILITY IS AN OBJECT, and RESPONSIBILITY IS AN HONOR. Apparently, the study concludes that RHC translators succeed to convey the dominant ideology from the source Arabic speeches to the English ones using specific translation strategies.Keywords: cognitive linguistics, CDA, conceptual metaphor theory, ideology, responsibility
Procedia PDF Downloads 71180 Understanding Racial Disparate Treatment of Juvenile Interpersonal Violent Offenders in the Juvenile Justice System Using Focal Concerns Theory
Authors: Suzanne Overstreet-Juenke
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Disproportionate minority contact (DMC) is a salient issue that has been found at every stage of the decision-making process in the juvenile justice system. Existing research indicates that DMC influences adjudication for drug, property, and personal crimes. Because intimate partner violence (IPV) is a major public health problem and global concern, the current study examines DMC at adjudication among youth charged for crimes of interpersonal violence. This research uses administrative, Court Designated Worker (CDW) data collected from 2014 to 2016. The results are contextualized using Steffensmeier’s version of focal concerns theory of judicial decision-making. This study assesses race and two seriousness of offense measures to establish whether a link exists between race and adjudication. The results of the study is similar to prior research on the topic. These results are discussed in terms of policy implications, limitations, and future research.Keywords: race, disproportionate minority contact, focal concerns theory, juvenile
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