Search results for: judicial instructions
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 481

Search results for: judicial instructions

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

Authors: Fines Fatimah, SH. MH.

Abstract:

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

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

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270 Positive Obligations of the State Concerning the Protection of Human Rights

Authors: Monika Florczak-Wator

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The model of positive obligations of the state concerning the protection of the rights of an individual was created within the jurisdiction of the German Federal Constitutional Court in the 1970s. That model assumes that the state should protect an individual against infringement of their fundamental rights by another individual. It is based on the idea concerning the modification of the function and duties of the state towards an individual and society. Initially the state was perceived as the main infringer of the fundamental rights of an individual formulating the individual’s obligations of negative nature (obligation of noninterference), however, at present the state is perceived as a guarantor and protector of the fundamental rights of an individual of positive nature (obligation of protection). Examination of the chosen judicial decisions of that court will enable us to determine what the obligation of protection is specifically about, when it is updated and whether it is accompanied by claims of an individual requesting the state to take actions protecting their fundamental rights against infringement by the private entities. The comparative perspective for the German model of positive obligations of the state will be an analogous model present in the jurisdiction of the European Court of Human Rights. It is justified to include it in the research as the Convention, similarly to the constitution, focuses on the protection of an individual against the infringement of their rights by the state and both models have been developed within the jurisdiction for several dozens of years. Analysis of the provisions of the Constitution of the Republic of Poland as well as judgements of the Polish Constitutional Tribunal will allow for the presentation of the application the model of the protective duties of the state in Poland.

Keywords: human rights, horizontal relationships, constitution, state protection

Procedia PDF Downloads 480
269 The Role of Reading Self-Efficacy and Perception of Difficulty in English Reading among Chinese ESL Learners

Authors: Kevin Chan, Kevin K. H. Chung, Patcy P. S. Yeung, H. L. Ip, Bill T. C. Chung, Karen M. K. Chung

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Purpose: Recent evidence shows that reading self-efficacy and students perceived difficulty in reading are significantly associated with word reading and reading fluency. However, little is known about these relationships among students learning to read English as a second language, particularly in Chinese students. This study examined the contributions of reading self-efficacy, perception of difficulty in reading, and cognitive-linguistic skills to performance on English word reading and reading fluency in Chinese students. Method: A sample of 122 second-and third-grade students in Hong Kong, China, participated in this study. Students completed the measures of reading self-efficacy and perception of difficulty in reading. They were assessed on their English cognitive-linguistic and reading skills: rapid automatized naming, nonword reading, phonological awareness, word reading, and one-minute word reading. Results: Results of path analysis indicated that when students’ grades were controlled, reading self-efficacy was a significant correlate of word reading and reading fluency, whereas perception of difficulty in reading negatively predicted word reading. Conclusion: These findings underscore the importance of taking students’ reading self-efficacy and perception of difficulty in reading and their cognitive-linguistic skills into consideration when designing reading intervention and instructions for students learning English as a second language.

Keywords: self-efficacy, perception of difficulty in reading, english as a second language, word reading

Procedia PDF Downloads 185
268 Observing Teaching Practices Through the Lenses of Self-Regulated Learning: A Study Within the String Instrument Individual Context

Authors: Marija Mihajlovic Pereira

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Teaching and learning a musical instrument is challenging for both teachers and students. Teachers generally use diverse strategies to resolve students' particular issues in a one-to-one context. Considering individual sessions as a supportive educational context, the teacher can play a decisive role in stimulating and promoting self-regulated learning strategies, especially with beginning learners. The teachers who promote self-controlling behaviors, strategic monitoring, and regulation of actions toward goals could expect their students to practice more qualitatively and consciously. When encouraged to adopt self-regulation habits, students' could benefit from greater productivity on a longer path. Founded on Bary Zimmerman's cyclical model that comprehends three phases - forethought, performance, and self-reflection, this work aims to articulate self-regulated and music learning. Self-regulated learning appeals to the individual's attitude in planning, controlling, and reflecting on their performance. Furthermore, this study aimed to present an observation grid for perceiving teaching instructions that encourage students' controlling cognitive behaviors in light of the belief that conscious promotion of self-regulation may motivate strategic actions toward goals in musical performance. The participants, two teachers, and two students have been involved in the social inclusion project in Lisbon (Portugal). The author and one independent inter-observer analyzed six video-recorded string instrument lessons. The data correspond to three sessions per teacher lectured to one (different) student. Violin (f) and violoncello (m) teachers hold a Master's degree in music education and approximately five years of experience. In their second year of learning an instrument, students have acquired reasonable skills in musical reading, posture, and sound quality until then. The students also manifest positive learning behaviors, interest in learning a musical instrument, although their study habits are still inconsistent. According to the grid's four categories (parent codes), in-class rehearsal frames were coded using MaxQda software, version 20, according to the grid's four categories (parent codes): self-regulated learning, teaching verbalizations, teaching strategies, and students' in-class performance. As a result, selected rehearsal frames qualitatively describe teaching instructions that might promote students' body and hearing awareness, such as "close the eyes while playing" or "sing to internalize the pitch." Another analysis type, coding the short video events according to the observation grid's subcategories (child codes), made it possible to perceive the time teachers dedicate to specific verbal or non-verbal strategies. Furthermore, a coding overlay analysis indicated that teachers tend to stimulate. (i) Forethought – explain tasks, offer feedback and ensure that students identify a goal, (ii) Performance – teach study strategies and encourage students to sing and use vocal abilities to ensure inner audition, (iii) Self-reflection – frequent inquiring and encouraging the student to verbalize their perception of performance. Although developed in the context of individual string instrument lessons, this classroom observation grid brings together essential variables in a one-to-one lesson. It may find utility in a broader context of music education due to the possibility to organize, observe and evaluate teaching practices. Besides that, this study contributes to cognitive development by suggesting a practical approach to fostering self-regulated learning.

Keywords: music education, observation grid, self-regulated learning, string instruments, teaching practices

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267 Jewish Law in Israel: State, Law, and Religion

Authors: Yuval Sinai

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As part of the historical, religious and cultural heritage of the Jewish people, Jewish law is part of the legal system in Israel, which is a Jewish and democratic state. The proper degree of use of Jewish law in judicial decisions is an issue that crops up in Israeli law from time to time. This was a burning question in the 1980s in the wake of the enactment of the Foundations of Law Act 1980, which declared Jewish heritage a supplementary legal method to Israeli law. The enactment of the Basic Law: Human Dignity and Liberty 1992, which decreed that the basic Israeli legal principles must be interpreted in light of the values of a Jewish and democratic state, marks a significant change in the impact of Judaism in the law created and applied by the courts. Both of these legislative developments revived the initiative to grant a central status to Jewish law within the state law. How should Jewish law be applied in Israel’s secular courts? This is not a simple question. It is not merely a question of identifying the relevant rule of Jewish law or tracing its development from the Talmud to modern times. Nor is it the same as asking how a rabbinic court would handle the issue. It is a matter of delicate judgment to distill out of the often conflicting Jewish law sources a rule that will fit into the existing framework of Israeli law so as to advance a policy that will best promote the interests of Israel’s society. We shall point out the occasional tensions between Jewish religious law and secular law, and introduce opinions as to how reconciliation of the two can best be achieved in light of Jewish legal tradition and in light of the reality in the modern State of Israel.

Keywords: law and politics, law and religion, comparative law, law and society

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266 Female Entrepreneurship in Egypt: Barriers and Challenges in the Aftermath of the Arab Spring

Authors: Kate Ebere Maduforo

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Examining the constraints faced by female entrepreneurs is an important subject which most literature on female entrepreneurship is centered on. However, the majority of the existing literature has focused on studying female entrepreneurs in developed societies. Recently, a sense of urgency that has emerged in trying to understand the challenges and motivations of female entrepreneurs in developing countries. The arousal of such interest has been attributed to women entrepreneurs in developing countries being identified as catalysts of economic development at a national level and champions of poverty eradication at the domestic level. This paper, therefore, examines the peculiar constraints faced by women-owned businesses in the mist of political chaos and instability. In this case, the issues experienced by female entrepreneurs in Egypt during the aftermath of the Arab Spring is the focus. Using the logit and probit regression models, data from the World Bank Middle East North Africa Enterprise Survey (MENA ES) are analyzed. The results identified that female entrepreneurs still lack business funding through financial institutions, but get significant funding assistance from family, friends, and money lenders. In addition, women-owned businesses promote and hire mostly women. Female entrepreneurs showed a preference for an impartial judicial system as a contributor to business growth.

Keywords: female entrepreneurship, development, Middle East, developing countries

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265 The Impact of Digital Transformation on the Construction Industry in Kuwait

Authors: M. Aladwani, Y. Alarfaj

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The construction industry is currently experiencing a shift towards digitisation. This transformation is driven by adopting technologies like Building Information Modelling (BIM), drones, and augmented reality (AR). These advancements are revolutionizing the process of designing, constructing, and operating projects. BIM, for instance, is a new way of communicating and exploiting technology such as software and machinery. It enables the creation of a replica or virtual model of buildings or infrastructure projects. It facilitates simulating construction procedures, identifying issues beforehand, and optimizing designs accordingly. Drones are another tool in this revolution, as they can be utilized for site surveys, inspections, and even deliveries. Moreover, AR technology provides real-time information to workers involved in the project. Implementing these technologies in the construction industry has brought about improvements in efficiency, safety measures, and sustainable practices. BIM helps minimize rework and waste materials, while drones contribute to safety by reducing workers' exposure to areas. Additionally, AR plays a role in worker safety by delivering instructions and guidance during operations. Although the digital transformation within the construction industry is still in its early stages, it holds the potential to reshape project delivery methods entirely. By embracing these technologies, construction companies can boost their profitability while simultaneously reducing their environmental impact and ensuring safer practices.

Keywords: BIM, digital construction, construction technologies, digital transformation

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264 Sri Lankan Contribution to Peace and Security in the World: Legal Perspective

Authors: Muthukuda Arachchige Dona Shiroma Jeeva Shirajanie Niriella

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Suppressing terrorism and ensuring peace and security of the people is one of the topics which have gained serious attention of the world community. Commissions of terrorist activities, locally and internationally lead to an uncertainty of peace and security, violations of human rights of the people. Thereby it demands stringent security laws and strong criminal justice systems, both at domestic and international levels. This paper intends to evaluate security laws in Sri Lanka through the criminal justice perspective, including their efficacy in relation to combat terrorism. The paper further intends to discuss the importance of such laws in upholding the peace and security at both local and universal levels. The paper argues that the term ‘efficacy’ does not stand for, sending people to jail at large-scale, but the ability to combat terrorism crime without violating the rights of the innocent people. The qualitative research method is followed to conduct this research which contains an extensive examination of security laws available as counter-terrorism laws in Sri Lanka with the relevant international standards adopted by the UN treaties. Primary sources which are relevant to the research, including judicial pronouncements are also discussed in this regard. Secondary sources such as reports, research articles and textbooks on this topic and information available on the internet are also reviewed in this analysis.

Keywords: terrorism, security laws, criminal justice system, Sri Lanka, international treaty law

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263 Role of Social Workers in Juvenile Justice Board as a Child Protection Mechanism for Children in Conflict with Law

Authors: Ida D. Souza, Lena Ashok

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Every child has a fundamental right to be protected and it is only a safe, supported child who can effectively cope with difficult circumstances and lead a happy childhood. The vulnerability of children has increased due to emerging lifestyles, raising cost of living, higher expectations from adults, parental and care-giver stress /burn-out and a general raise in demand for services for children. A major area of concern is the rise of juvenile crimes in the overall crimes committed in the country. The UNCRC 1989 and JJ Act 2000 enables the structures to handle the juvenile children in care and concern in its real terms. One of the mechanisms to protect the children is the JJB a justice system. The aim is to hold a child culpable (guilty) for offence they committed, not through punishment, but counseling the child to understand their actions and persuade them away from such deviated activities in the future. The JJB consists of two social workers and a judicial magistrate and one of whom should be a woman. This study aims at understanding the role of social workers in best practices in deciding the best course of action for the rehabilitation of the child. Two case studies were carried out through in-depth interviews with the social worker member of the JJB of two Udupi and Mangalore districts. The best practices reported in which children are being allowed to express themselves in a child friendly environment and in the best interest of the child. The study highlighted team work to be very effective in understanding the child in their reformation.

Keywords: child protection, best practices, juvenile justice, reformation teamwork

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262 Survey on the Use of Anti-ticks in Cattle by Breeders in the Department of Korhogo

Authors: Coulibaly Fatoumata, Seme Kpassi, Aboly Nicolas, Ccoulibaly Zonzereke

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Introduction and Objective: Microbial resistance is nowadays a major public health problem. In the perspective of a better understanding of the resistance of ticks against acaricides, a study was conducted in the Department of Korhogo. The general objective was to verify the knowledge and skills of breeders on the use of acaricides and contribute to reducing the impact of ticks on livestock productivity. Methodology: To carry out the work, a cross-sectional survey was conducted using elaborate questionnaires, followed by specific interviews with livestock stakeholders in the Korhogo sub-prefecture. Results: The results showed that in the study area, cattle breeders, the majority of whom (58.06%) are Ivorians, use anti-ticks without strict compliance with recommendations of the instructions and standards for use. 68% of them performed under-dosed treatments, and 32% an over-dosed treatment. The most common method for treating cattle against ticks was spraying. Conclusion: Despite the use of tick repellents by these breeders, tick-borne diseases still persist. This could be explained by the misuse of the products (under dosage and overdose), which can cause harmful effects or even resistance of certain ticks. It is, therefore important to respect the normal dosage of the products used as well as the methods of use (bath, spray, pour-on, etc.). In order to minimize the problems of resistance, awareness is necessary among breeders for the proper use of acaricidal products as well as all other drugs.

Keywords: ticks, resistance, anti-tick, cattle, korhogo

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261 Challenges for Implementing Standards Compliant with Iso/Iec 17025, for Narcotics and DNA Laboratory’s

Authors: Blerim Olluri

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A forensic science laboratory in Kosovo has never been organized at the level of most modern forensic science laboratories. This was made possible after the war of 1999 with the help and support from the United States. The United States Government/ICITAP provided 9.5 million dollars to support this project, this support have greatly benefitted law enforcement in Kosovo. With the establishment of Operative Procedures of Work and the law for Kosovo Agency of Forensic, the accreditation with ISO/IEC 17025 of the KAF labs it becomes mandatory. Since 2012 Laboratory’s DNA/Serology and Narcotics has begun reviewing and harmonizing their procedures according to ISO/IEC 17025. The focus of this work was to create quality manuals, procedures, work instructions, quality documentation and quality records. Furthermore, during this time is done the validation of work methods from scientific qualified personnel of KAF, without any help from other foreign agencies or accreditation body.In October 2014 we had the first evaluation based on ISO 17025 standards. According to the initial report of this assessment we have non conformity in test and Calibration methods method’s, and accommodation and environmental conditions. We identified several issues that are of extreme importance to KAF. One the most important issue is to create a professional group with experts of KAF, which will work in all the obligations, requested from ISO/IEC 17025. As conclusions that we earn in this path of accreditation, are that laboratory’s need to take corrective action, and all nonconformance’s must be addressed and corrective action taken before accreditation can be granted.

Keywords: accreditation, assessment, narcotics, DNA

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260 Sociodemographic Approach to Juveniles Directed to Delinquent Behaviour in Zonguldak

Authors: Riza Yilmaz, Samet Kiyak, Sezin Nur Yilmaz, Yasemin Yilmaz

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Child delinquency has been increasing in our country as well as in many countries of the world. Child intelligence, abilities, family's social environment and life conditions are the factors which affect the child delinquency. The reports of 73 cases ages of 12-15 which were sent to the University of Bulent Ecevit, School of Medicine, Forensic Medicine Department between January 2011-September 2015, in order to evaluate medically, children pushed to crime by the judicial authorities are examined in terms of age, gender, educational background, place of residence, reasons for being sent, whether it’s a repeating crime or not, type of intelligence test, results revealed by forensic medicine and department of mental and neurological disorders. When children pushed to crime examined in terms of their crimes, the most common type of crime was identified as theft (n = 24). The crimes with 19 physical attacks and 12 sexual abuse were seen. Following that other 12 crimes were determined as damage to property, hemp crop, insult, incitement to crime, forgery of private documents, illegal excavation, threatening, involuntary manslaughter. The alleged crimes in 6 cases were more than one. The children pushed to crime are one of the major social problems of many countries. In this sense, it is not only the responsibility of government agencies to protect children pushed to crime, also, the civil society organizations should take place in this struggle.

Keywords: delinquent behaviour, forensic medicine, crime, punishment

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259 Possibilities and Challenges of Using Machine Translation in Foreign Language Education

Authors: Miho Yamashita

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In recent years, there have been attempts to introduce Machine Translation (MT) into foreign language teaching, especially in writing instructions. This is because the performance of neural machine translation has improved dramatically since 2016, and some university instructors started to introduce MT translations to their students as a "good model" to learn from. However, MT is still not perfect, and there are many incorrect translations. In order to translate the intended text into a foreign language, it is necessary to edit the original manuscript written in the native language (pre-edit) and revise the translated foreign language text (post-edit). The latter is considered especially difficult for users without a high proficiency level of foreign language. Therefore, the author allowed her students to use MT in her writing class in one of the private universities in Japan and investigated 1) how groups of students with different English proficiency levels revised MT translations when translating Japanese manuscripts into English and 2) whether the post-edit process differed when the students revised alone or in pairs. The results showed that in 1), certain non-post-edited grammatical errors were found regardless of their proficiency levels, indicating the need for teacher intervention, and in 2), more appropriate corrections were found in pairs, and their frequent use of a dictionary was also observed. In this presentation, the author will discuss how MT writing instruction can be integrated effectively in an aim to achieve multimodal foreign language education.

Keywords: machine translation, writing instruction, pre-edit, post-edit

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258 Initial Experiences of the First Version of Slovene Sustainable Building Indicators That are Based on Level(s)

Authors: Sabina Jordan, Marjana Šijanec Zavrl, Miha Tomšič, Friderik Knez

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To determine the possibilities for the implementation of sustainable building indicators in Slovenia, testing of the first version of the indicators, developed in the CARE4CLIMATE project and based on the EU Level(s) framework, was carried out in 2022. Invited and interested stakeholders of the construction process were provided with video content and instructions on the Slovenian e-platform of sustainable building indicators. In addition, workshops and lectures with individual subjects were also performed. The final phase of the training and testing procedure included a questionnaire, which was used to obtain information about the participants' opinions regarding the indicators. The analysis of the results of the testing, which was focused on level 2, confirmed the key preliminary finding of the development group, namely that currently, due to the lack of certain knowledge, data, and tools, all indicators for this level are not yet feasible in practice. The research also highlighted the greater need for training and specialization of experts in this field. At the same time, it showed that the testing of the first version itself was a big challenge: only 30 experts fully participated and filled out the online questionnaire. This number seems alarmingly low at first glance, but compared to level(s) testing in the EU member states, it is much more than 50 times higher. However, for the further execution of the indicators in Slovenia, it will therefore be necessary to invest a lot of effort and engagement. It is likely that state support will also be needed, for example, in the form of financial mechanisms or incentives and/or legislative background.

Keywords: sustainability, building, indicator, implementation, testing, questionnaire

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257 [Keynote Speech]: Guiding Teachers to Make Lessons Relevant, Appealing, and Personal (RAP) for Academically-Low-Achieving Students in STEM Subjects

Authors: Nazir Amir

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Teaching approaches to present science and mathematics content amongst academically-low-achieving students may need to be different than approaches that are adopted for the more academically-inclined students, primarily due to the different learning needs and learning styles of these students. In crafting out lessons to motivate and engage these students, teachers need to consider the backgrounds of these students and have a good understanding of their interests so that lessons can be presented in ways that appeal to them, and made relevant not just to the world around them, but also to their personal experiences. This presentation highlights how the author worked with a Professional Learning Community (PLC) of teachers in crafting out fun and feasible classroom teaching approaches to present science and mathematics content in ways that are made Relevant, Appealing, and Personal (RAP) to groups of academically-low-achieving students in Singapore. Feedback from the students and observations from their work suggest that they were engaged through the RAP-modes of instruction, and were able to appreciate the role of science and mathematics through a variety of low-cost design-based STEM (Science, Technology, Engineering, and Mathematics) activities. Such results imply that teachers teaching academically-low-achieving students, and those in under-resourced communities, could consider infusing RAP-infused instructions into their lessons in getting students develop positive attitudes towards STEM subjects.

Keywords: STEM Education, STEAM Education, Curriculum Instruction, Academically At-Risk Students, Singapore

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256 JaCoText: A Pretrained Model for Java Code-Text Generation

Authors: Jessica Lopez Espejel, Mahaman Sanoussi Yahaya Alassan, Walid Dahhane, El Hassane Ettifouri

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Pretrained transformer-based models have shown high performance in natural language generation tasks. However, a new wave of interest has surged: automatic programming language code generation. This task consists of translating natural language instructions to a source code. Despite the fact that well-known pre-trained models on language generation have achieved good performance in learning programming languages, effort is still needed in automatic code generation. In this paper, we introduce JaCoText, a model based on Transformer neural network. It aims to generate java source code from natural language text. JaCoText leverages the advantages of both natural language and code generation models. More specifically, we study some findings from state of the art and use them to (1) initialize our model from powerful pre-trained models, (2) explore additional pretraining on our java dataset, (3) lead experiments combining the unimodal and bimodal data in training, and (4) scale the input and output length during the fine-tuning of the model. Conducted experiments on CONCODE dataset show that JaCoText achieves new state-of-the-art results.

Keywords: java code generation, natural language processing, sequence-to-sequence models, transformer neural networks

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255 Interpersonal Body-Synchronization in Young Children When Watching Video Together

Authors: Saeko Takahashi, Kazuo Hiraki

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Is it more fun to watch videos together than watching alone? Previous studies showed that synchronizing with others enhances subsequent prosocial behavior and affiliation, and conversely, prosocial individuals tend to coordinate with a partner to a greater extent. However, compared to adults, less is known about interpersonal coordination of young children in real-life situations because most studies have focused on children’s particular movement using specific tools or tasks in a laboratory setting. It has also been unclear if prosociality of young children affect the extent of interpersonal coordination within dyads. The present study examined data from motion capture of five body parts of 4-year-old dyads watching the same stimuli together or alone. A questionnaire survey including participants’ prosocial trait was also conducted. The wavelet coherence of each body parts within dyads was calculated as a measure of the extent of interpersonal coordination. Results showed that the dyads became significantly more coordinated in a social situation compared to a non-social situation. Moreover, dyads with averagely higher prosociality were more coordinated. These results shed some light on the development of interpersonal coordination in terms of social ability in young children. This study also offers a useful method for a study of spontaneous coordination in young children and infants without instructions or verbal responses.

Keywords: child development, interpersonal coordination, prosociality, synchrony, wavelet transform

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254 Understanding Europe’s Role in the Area of Liberty, Security, and Justice as an International Actor

Authors: Barrere Sarah

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The area of liberty, security, and justice within the European Union is still a work in progress. No one can deny that the EU struggles between a monistic and a dualist approach. The aim of our essay is to first review how the European law is perceived by the rest of the international scene. It will then discuss two main mechanisms at play: the interpretation of larger international treaties and the penal mechanisms of European law. Finally, it will help us understand the role of a penal Europe on the international scene with concrete examples. Special attention will be paid to cases that deal with fundamental rights as they represent an interesting case study in Europe and in the rest of the World. It could illustrate the aforementioned duality currently present in the Union’s interpretation of international public law. On the other hand, it will explore some specific European penal mechanism through mutual recognition and the European arrest warrant in the transnational criminality frame. Concerning the interpretation of the treaties, it will first, underline the ambiguity and the general nature of some treaties that leave the EU exposed to tension and misunderstanding then it will review the validity of an EU act (whether or not it is compatible with the rules of International law). Finally, it will focus on the most complete manifestation of liberty, security and justice through the principle of mutual recognition. Used initially in commercial matters, it has become “the cornerstone” of European construction. It will see how it is applied in judicial decisions (its main event and achieving success is via the European arrest warrant) and how European member states have managed to develop this cooperation.

Keywords: European penal law, international scene, liberty security and justice area, mutual recognition

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253 Victims and Violators: Open Source Information, Admissibility Standards, and War Crimes Investigations in Iraq and Syria

Authors: Genevieve Zingg

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Modern technology and social media platforms have fundamentally altered the nature of war crimes investigations by providing new forms of data, evidence, and documentation, and pose a unique opportunity to expand the efficacy of international law. However, much of the open source information available is deemed inadmissible in subsequent legal proceedings and fails to function as evidence largely due to issues of reliability and verifiability. Focusing on current judicial investigations related to ongoing conflicts in Syria and Iraq, this paper will examine key challenges and opportunities for the effective use of open source information in securing justice. This paper will consider strategies and approaches that can be used to ensure that information collected by affected populations meets basic admissibility standards. This paper argues that the critical failure to equip civilian populations in conflict zones with knowledge and information regarding established admissibility standards and guidelines both jeopardizes the potential of open source information and compromises the ability of victims to participate effectively in justice and accountability processes. The ultimate purpose of this paper is, therefore, to examine how to maximize the value of open source information based on the rules of evidence in international, regional, and national courts, and how to maximize the participation of affected populations in holding their abusers to account.

Keywords: human rights, international criminal law, international justice, international law, Iraq, open source information, social media, Syria, transitional justice, war crimes

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252 Improving Human Resources Management in Indian Civil Service

Authors: Anant Deogaonkar, Archana Nanoty

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The term civil service plays a vital role in functioning of any government. In today’s modern era of globalization civil services essentially contribute for the success of the good governance system. The civil service in India refers to the body of government officials employed in civil occupations that are neither political nor judicial. The Indian Civil Services were created to foster the idea of unity in diversity with the expectation of giving continuity and change in administration independent of the political scenario and turmoil affecting the country. The civil service is an integral part of administration and the structures of administration to determine the way civil service functions. The concept of good governance necessarily precludes the effective human resource management ensuring the root level reach of the good governance. The serious matter of concern is the element of change. The civil service in general has maintained status quo instead of sweeping changes in social and economic scenario. One may disagree for this but it is a fact on the street that the Indian civil service was not able to deliver up to the expectations of the people and was lacking on the service front. The effective management of human resources at civil service needs to be prioritized and will form a key factor in successful delivery of the desired results may be in minimum duration. This paper focuses on the various ways of effective management of human resources in civil services. It also highlights the importance of improvement in human resource management in civil services with the detailed discussion of positives and negatives if any of the human resource management in civil services.

Keywords: civil services, human resources management, India, governance

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251 The Role of the Accused’s Attorney in the Criminal Justice System of Iran, Mashhad 2014

Authors: Mahdi Karimi

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One of the most basic standards of fair trial is the right to defense, hire an attorney and its presence in the hearing stages. On the one hand, based on the reason and justice, as the legal issues, particularly criminal affairs, become complicated, the accused must benefit from an attorney in the court in order to defend itself which requires legal knowledge. On the other hand, as the judicial system has jurists such as investigation judges at its disposal, the accused must enjoy the same right to defend itself and reject allegations so that the balance is maintained between the litigating parties based on the principle of "equality of arms". The right to adequate time and facilities for defense is cited among the principles and rights relevant to the proceedings in international regulations such as the International Covenant on Civil and Political Rights. The innovations made in the Code of Criminal Procedure in 2013 guaranteed the presence of the accused’s attorney in the proceedings. The present study aims at assessing the result of the aforementioned guarantee in practice and made attempts to investigate the effect of the presence of accused’s attorney on reducing the punishment by asking the question and addressing the statistical population of this study including 48 judges of lower courts and courts of appeal. It seems that in despite of guarantees provided in the new Code of Criminal Procedure, Iran's penal system, does not tolerate the presence of an attorney in practice.

Keywords: defense attorney, equality of arms, fair trial, reducing the penalty, right to defense

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250 The Ethio-Eritrea Claims Commission on Use of Force: Issue of Self-Defense or Violation of Sovereignty

Authors: Isaias Teklia Berhe

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A decision that deals with international disputes, be it arbitral or judicial, has to properly reflect objectivity and coherence with existing rules of international law. This paper shows the decision of the Ethio-Eritrea Claims Commission on the jus ad bellum case is bereft of objectivity and coherence, which contributed a disservice to international law on many aspects. The Commission’s decision that holds Eritrea in contravention to Art 2(4) of the UN Charter based on Ethiopia’s contention is flawed. It fails to consider: the illegitimacy of an actual authority established over contested territory through hostile acts, the proper determination of effectivites under international law, the sanctity of colonially determined boundaries, Ethiopia’s prior firm political recognition and undergirds to respect colonial boundary, and Ethio-Eritrea Border Commission’s decision. The paper will also argue that the Commission confused Eritrea’s right of self-defense with the rule against the non-use of force to settle territorial disputes; wherefore its decision sanitizes or sterilizes unlawful change of territory resulted through unlawful use of force to the effect of advantaging aggressions. The paper likewise argues that the decision is so sacrilegious that it disregards the ossified legal finality of colonial boundaries. Moreover, its approach toward armed attack does not reflect the peculiarity of the jus ad bellum case rather it brings about definitional uncertainties and sustains the perception that the law on self-defense is unsettled.

Keywords: armed attack, Eritrea, Ethiopia, self-defense, territorial integrity, use of force

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249 The Role of Digital Text in School and Vernacular Literacies: Students Digital Practices at Cybercafés in Mexico

Authors: Guadalupe López-Bonilla

Abstract:

Students of all educational levels participate in literacy practices that may involve print or digital media. Scholars from the New Literacy Studies distinguish practices that fulfill institutional purposes such as those established at schools from literate practices aimed at doing other kinds of activities, such as reading instructions in order to play a video game; the first are known as institutional practices while the latter are considered vernacular literacies. When students perform these kinds of activities they engage with print and digital media according to the demands of the task. In this paper, it is aimed to discuss the results of a research project focusing on literacy practices of high school students at 10 urban cybercafés in Mexico. The main objective was to analyze the literacy practices of students performing both school tasks and vernacular literacies. The methodology included a focused ethnography with online and face to face observations of 10 high school students (5 male and 5 female) and interviews after performing each task. In the results, it is presented how students treat texts as open, dynamic and relational artifacts when engaging in vernacular literacies; while texts are conceived as closed, authoritarian and fixed documents when performing school activities. Samples of each type of activity are shown followed by a discussion of the pedagogical implications for improving school literacy.

Keywords: digital literacy, text, school literacy, vernacular practices

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248 Nursing Experience of Providing Nursing Care to a Lung Transplantation Patient by Applying the Self-Efficacy Theory

Authors: Hsin-Yi Huang

Abstract:

This study mainly discussed the disease-induced and surgery-induced physical, psychological, and spiritual issues faced by a patient who suffered from emphysema and respiratory failure and had underwent a right-lung transplantation surgery. Nursing care was provided from May 21 to May 29. Based on the observations, interviews, physical examinations, and evaluations that were carried out using Roy’s adaptation model, the following nursing issues were identified: risk of infection, lack of knowledge, and anxiety. Active care was provided and a good nursing relationship with the patient and the patient’s family was established. The four strategies of Bandura’s self-efficacy theory (self-transcendence, vicarious experience, verbal persuasion, and biofeedback) were employed. Instructions for the appropriate rehabilitation exercises were given, immunosuppressant concentration was monitored, and special measures were taken to prevent infection. The patient was encouraged to express feelings and was provided with sufficient information to alleviate anxiety. With assistance from nursing personnel and the medical team, the patient was successfully discharged from the hospital and thereafter embarked on the path of postoperative recovery. The patient learned about the importance of home self-care and regular follow-up outpatient visits, and patient management was implemented for discharge preparation services. This nursing case study may serve as a reference to nurses managing similar cases in future.

Keywords: anxiety, lung transplantation, Roy's adaptation model, self-efficacy theory

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247 Assay for SARS-Cov-2 on Chicken Meat

Authors: R. Mehta, M. Ghogomu, B. Schoel

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Reports appeared in 2020 about China detecting SARS-Cov-2 (Covid-19) on frozen meat, shrimp, and food packaging material. In this study, we examined the use of swabs for the detection of Covid-19 on meat samples, and chicken breast (CB) was used as a model. Methods: Heat inactivated SARS-Cov-2 virus (IV) from Microbiologics was loaded onto the CB, swabbing was done, and the recovered inactivated virus was subjected to the Machery & Nagel NucleoSpin RNAVirus kit for RNA isolation according to manufacturer's instructions. For RT-PCR, the IDT 2019-nCoV RUO Covid-19 test kit was used with the Taqman Fast Virus 1-step master mix. The limit of detection (LOD) of viral load recovered from the CB was determined under various conditions: first on frozen CB where the IV was introduced on a defined area, then on frozen CB, with IV spread-out, and finally, on thawed CB. Results: The lowest amount of IV which can be reliably detected on frozen CB was a load of 1,000 - 2,000 IV copies where the IV was loaded on one spot of about 1 square inch. Next, the IV was spread out over a whole frozen CB about 16 square inches. The IV could be recovered at a lowest load of 4,000 to 8,000 copies. Furthermore, the effects of temperature change on viral load recovery was investigated i.e., if raw unfrozen meat became contaminated and remains for 1 hour at 4°C or gets refrozen. The amount of IV recovered successfully from CB kept at 4°C and the refrozen CB was similar to the recovery gotten from loading the IV directly on the frozen CB. In conclusion, an assay using swabs was successfully established for the detection of SARS-Cov-2 on frozen or raw (unfrozen) CB with a minimal load of up to 8,000 copies spread over 16 square inches.

Keywords: assay, COVID-19, meat, SARS-Cov-2

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246 The Effect of Mindfulness on Eating Enjoyment and Behavior in Preschool and Elementary Children: A Field Experiment across Four Schools

Authors: Phan Hong, David Lishner, Matthew Hanson

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Sixty-five children across four school research sites participated in the present experiment, which was designed to examine whether mindfulness promotes eating enjoyment and diverse eating behaviors in preschool- and early elementary-age children. Children, ages 3-9 years old, were randomly assigned to a 4-week mindfulness intervention condition or a 4-week exposure, control condition. Each week for four days, children received one of four different foods (celery, cauliflower, kidney beans, or garbanzo beans). Children either received instructions to mindfully engage with the food or were given the food and allowed to eat without mindfulness prompts from the researchers. Following the eating exercise, they recorded the amount eaten and rated their enjoyment level. Across all sessions, researchers modeled eating behaviors for the children by eating all the offered food. Results suggested that a brief mindfulness intervention promoted more diverse eating behaviors and more overall food consumption of typically not preferred and unfamiliar foods (celery, cauliflower, and garbanzo beans), compared with an exposure, control condition in preschool children and elementary-age children. However, food enjoyment ratings did not significantly differ between the two conditions for any of the foods. Implications of the finding for addressing eating behavior of young children are considered.

Keywords: children, control trial, eating behavior, eating enjoyment, mindfulness, schools

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245 Azan in Funeral: A Local Islamic Tradition in Indonesia

Authors: Muhajirin Gafar

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In Indonesia, Azan not only used as a reminder or call to prayer, its also used at the birth of a child, as the direction of the Prophet Muhammad PBUH, but also become part of a 'tradition’ to echoed in obsequies or the funeral, even there is a tradition in which the Azan echoed in the four corners of the grave. This tradition has become a necessity and has become part of the local Islamic culture preserved from time to time, although it certainly can not be known legal basis underlying the tradition. Based on the phenomenon, this paper proposed three research objective, namely: 1) To described the history about tradition Azan in funeral, 2) To analyze some of the postulates supporting the occurrence of the tradition, 3) To find out the postulates/ hadist which has been arranged in accordance with the instructions of the Prophet Muhammad PBUH about the rules of funeral. To reconstruct the history of the emergence of events azan tradition in the funeral this research used historical method, while the second and third objective used library research. Data and facts systematically processed and analyzed so as to be able to answer the questions of what, who, where, when, how, and why an event occurred. Finally, this research used Takhrij al-hadith a method to look at the validity of the arguments of the hadith. Result found that tradition of Azan in funeral has been around since the presence of Islam in Indonesia. This tradition continued and became a local Islamic culture which spread almost all over Indonesia, even considered part of religious guidance. While there are no decisive postulates which can be accounted for this tradition, except ‘qiyas’ postulates which are not appropriate. Most Indonesian Muslim put Azan as the first priority to do in funeral while oblivious other compulsory things that must be recited when lay down the corpse. They tend to assume that this tradition is a part of Islamic local culture.

Keywords: Azan, tradition, qiyas, Islamic local, hadist

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244 Applicability of Cameriere’s Age Estimation Method in a Sample of Turkish Adults

Authors: Hatice Boyacioglu, Nursel Akkaya, Humeyra Ozge Yilanci, Hilmi Kansu, Nihal Avcu

Abstract:

The strong relationship between the reduction in the size of the pulp cavity and increasing age has been reported in the literature. This relationship can be utilized to estimate the age of an individual by measuring the pulp cavity size using dental radiographs as a non-destructive method. The purpose of this study is to develop a population specific regression model for age estimation in a sample of Turkish adults by applying Cameriere’s method on panoramic radiographs. The sample consisted of 100 panoramic radiographs of Turkish patients (40 men, 60 women) aged between 20 and 70 years. Pulp and tooth area ratios (AR) of the maxilla¬¬ry canines were measured by two maxillofacial radiologists and then the results were subjected to regression analysis. There were no statistically significant intra-observer and inter-observer differences. The correlation coefficient between age and the AR of the maxillary canines was -0.71 and the following regression equation was derived: Estimated Age = 77,365 – ( 351,193 × AR ). The mean prediction error was 4 years which is within acceptable errors limits for age estimation. This shows that the pulp/tooth area ratio is a useful variable for assessing age with reasonable accuracy. Based on the results of this research, it was concluded that Cameriere’s method is suitable for dental age estimation and it can be used for forensic procedures in Turkish adults. These instructions give you guidelines for preparing papers for conferences or journals.

Keywords: age estimation by teeth, forensic dentistry, panoramic radiograph, Cameriere's method

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243 Effects of Fishbone Creative Thinking Strategy on Problem-Solving Skills of Teaching Personnel in Ogun State, Nigeria

Authors: Olusegun Adeleke Adenuga

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The study examined effect of fishbone creative thinking strategy on problem-solving skills of public teachers in Ogun state, Nigeria. A 2x2x2 factorial design was employed for the study which consisted of 80 participants made up of 40 male and 40 female public teachers randomly selected among public teaching personnel from the two local government area headquarters (Ijebu-ode and Ijebu-Igbo) within Ogun East Senatorial District. Each treatment group received 45minutes instructions and training per week for 8weeks. Data was collected from participants with the use of standardized instrument tagged ‘Problem Solving Inventory’ (PSI) developed by the researchers prior to the training to form a pre-test and immediately after eight weeks of training to form a post-test. One hypothesis was tested; the data obtained was analyzed using Analysis of Covariance (ANCOVA) tested at significance level of 0.05. The result of the data analysis shows that there was a significant effect of the fishbone creative thinking technique on the participants (F (2,99) = 12.410; p <.05). Based on the findings, it is therefore recommended that the report of this study be used to effect organizational change and development of teaching service in Nigeria through teachers’ retraining and capacity building.

Keywords: fishbone, creative thinking strategy, and problem-solving skills, public teachers

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242 Investigation of the Space in Response to the Conditions Caused by the Pandemics and Presenting Five-Scale Design Guidelines to Adapt and Prepare to Face the Pandemics

Authors: Sara Ramezanzadeh, Nashid Nabian

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Historically, pandemics in different periods have caused compulsory changes in human life. In the case of Covid-19, according to the limitations and established care instructions, spatial alignment with the conditions is important. Following the outbreak of Covid-19, the question raised in this study is how to do spatial design in five scales, namely object, space, architecture, city, and infrastructure, in response to the consequences created in the realms under study. From the beginning of the pandemic until now, some changes in the spatial realm have been created spontaneously or by space users. These transformations have been mostly applied in modifiable parts such as furniture arrangement, especially in work-related spaces. To implement other comprehensive requirements, flexibility and adaptation of space design to the conditions resulting from the pandemics are needed during and after the outbreak. Studying the effects of pandemics from the past to the present, this research covers eight major realms, including three categories of ramifications, solutions, and paradigm shifts, and analytical conclusions about the solutions that have been created in response to them. Finally, by the consideration of epidemiology as a modern discipline influencing the design, spatial solutions in the five scales mentioned (in response to the effects of the eight realms for spatial adaptation in the face of pandemics and their following conditions) are presented as a series of guidelines. Due to the unpredictability of possible pandemics in the future, the possibility of changing and updating the provided guidelines is considered.

Keywords: pandemics, Covid 19, spatial design, ramifications, solutions, paradigm shifts, guidelines

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