Search results for: Spanish Constitution
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 557

Search results for: Spanish Constitution

287 Anti Corruption Conventions in Nigeria: Legal and Administrative Challenges

Authors: Mohammed Albakariyu Kabir

Abstract:

There is a trend in development discourse to understand and explain the level of corruption in Nigeria, its anti-corruption crusade and why it is failing, as well as its level of compliance with International standards of United Nations Convention against Corruption (UNCAC) & African Union Convention on Converting and Preventing Corruption) to which Nigeria is a signatory. This paper discusses the legal and Constitutional provisions relating to corrupt practices and safeguards in Nigeria, as well as the obstacles to the implementation of these Conventions.The paper highlights the challenges posed to the Anti-Corruption crusade by analysing the loopholes that exist both in administrative structure and in scope of the relevant laws. The paper argues that Nigerian Constitution did not make adequate provisions for the implementation of the conventions, hence a proposal which will ensure adequate provision for implementing the conventions to better the lives of Nigerians. The paper concludes that there is the need to build institutional parameters, adequate constitutional and structural safeguards, as well as to synergise strategies, collaborations and alliances to facilitate the timely domestication and implementation of the conventions.

Keywords: anti-corruption, corruption, convention, domestication, poverty, state parties

Procedia PDF Downloads 420
286 Peace Based Diplomacy, Peace Communication and Peace Lobbying in the Example of Turkey-France Relations

Authors: Bilgehan Gültekin, Tuba Gültekin

Abstract:

The first stage to procure peace communication is to construct a mutual accordance, which can be defined as: To constitute reconciliation ground in order to open and constitute the right peace and dialogue areas. For example: In Turkey’s EU entry process, in order to procure French public opinion, to constitute a communication frame is a must. For the constitution of this frame, the titles of discussion in which it will be moved and for which French public opinion will show its support must be determined. The most important title of this ground is Turkey’s peace potential for Europe with its strategic position. For this reason, it’s is so strategic for peace communication that Turkey’s contributions for Europe and World should be opened up for discussion in public opinion in France and be introduced as a strong accordance ground.Peace based diplomacy, peace communication strategies and peace lobbying in the example of Turkey-France relations presents a strong peace titles.

Keywords: intercultural communication, mediation education, common sense leaders, artistic sensitivity

Procedia PDF Downloads 427
285 Intensive Biological Control in Spanish Greenhouses: Problems of the Success

Authors: Carolina Sanchez, Juan R. Gallego, Manuel Gamez, Tomas Cabello

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Currently, biological control programs in greenhouse crops involve the use, at the same time, several natural enemies during the crop cycle. Also, large number of plant species grown in greenhouses, among them, the used cultivars are also wide. However, the cultivar effects on entomophagous species efficacy (predators and parasitoids) have been scarcely studied. A new method had been developed, using the factitious prey or host Ephestia kuehniella. It allows us to evaluate, under greenhouse or controlled conditions (semi-field), the cultivar effects on the entomophagous species effectiveness. The work was carried out in greenhouse tomato crop. It has been found the biological and ecological activities of predatory species (Nesidiocoris tenuis) and egg-parasitoid (Trichogramma achaeae) can be well represented with the use of the factitious prey or host; being better in the former than the latter. The data found in the trial are shown and discussed. The developed method could be applied to evaluate new plant materials before making available to farmers as commercial varieties, at low costs and easy use.

Keywords: cultivar effects, efficiency, predators, parasitoids

Procedia PDF Downloads 240
284 A Proposal of Ontology about Brazilian Government Transparency Portal

Authors: Estela Mayra de Moura Vianna, Thiago José Tavares Ávila, Bruno Morais Silva, Diego Henrique Bezerra, Paulo Henrique Gomes Silva, Alan Pedro da Silva

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The Brazilian Federal Constitution defines the access to information as a crucial right of the citizen and the Law on Access to Public Information, which regulates this right. Accordingly, the Fiscal Responsibility Act, 2000, amended in 2009 by the “Law of Transparency”, began demanding a wider disclosure of public accounts for the society, including electronic media for public access. Thus, public entities began to create "Transparency Portals," which aim to gather a diversity of data and information. However, this information, in general, is still published in formats that do not simplify understanding of the data by citizens and that could be better especially available for audit purposes. In this context, a proposal of ontology about Brazilian Transparency Portal can play a key role in how these data will be better available. This study aims to identify and implement in ontology, the data model about Transparency Portal ecosystem, with emphasis in activities that use these data for some applications, like audits, press activities, social government control, and others.

Keywords: audit, government transparency, ontology, public sector

Procedia PDF Downloads 468
283 A Comparative Analysis on the Impact of the Prevention and Combating of Hate Crimes and Hate Speech Bill of 2016 on the Rights to Human Dignity, Equality, and Freedom in South Africa

Authors: Tholaine Matadi

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South Africa is a democratic country with a historical record of racially-motivated marginalisation and exclusion of the majority. During the apartheid era the country was run along pieces of legislation and policies based on racial segregation. The system held a tight clamp on interracial mixing which forced people to remain in segregated areas. For example, a citizen from the Indian community could not own property in an area allocated to white people. In this way, a great majority of people were denied basic human rights. Now, there is a supreme constitution with an entrenched justiciable Bill of Rights founded on democratic values of social justice, human dignity, equality and the advancement of human rights and freedoms. The Constitution also enshrines the values of non-racialism and non-sexism. The Constitutional Court has the power to declare unconstitutional any law or conduct considered to be inconsistent with it. Now, more than two decades down the line, despite the abolition of apartheid, there is evidence that South Africa still experiences hate crimes which violate the entrenched right of vulnerable groups not to be discriminated against on the basis of race, sexual orientation, gender, national origin, occupation, or disability. To remedy this mischief parliament has responded by drafting the Prevention and Combatting of Hate Crimes and Hate Speech Bill. The Bill has been disseminated for public comment and suggestions. It is intended to combat hate crimes and hate speech based on sheer prejudice. The other purpose of the Bill is to bring South Africa in line with international human rights instruments against racism, racial discrimination, xenophobia and related expressions of intolerance identified in several international instruments. It is against this backdrop that this paper intends to analyse the impact of the Bill on the rights to human dignity, equality, and freedom. This study is significant because the Bill was highly contested and creates a huge debate. This study relies on a qualitative evaluative approach based on desktop and library research. The article recurs to primary and secondary sources. For comparative purpose, the paper compares South Africa with countries such as Australia, Canada, Kenya, Cuba, and United Kingdom which have criminalised hate crimes and hate speech. The finding from this study is that despite the Bill’s expressed positive intentions, this draft legislation is problematic for several reasons. The main reason is that it generates considerable controversy mostly because it is considered to infringe the right to freedom of expression. Though the author suggests that the Bill should not be rejected in its entirety, she notes the brutal psychological effect of hate crimes on their direct victims and the writer emphasises that a legislature can succeed to combat hate-crimes only if it provides for them as a separate stand-alone category of offences. In view of these findings, the study recommended that since hate speech clauses have a negative impact on freedom of expression it can be promulgated, subject to the legislature enacting the Prevention and Combatting of Hate-Crimes Bill as a stand-alone law which criminalises hate crimes.

Keywords: freedom of expression, hate crimes, hate speech, human dignity

Procedia PDF Downloads 141
282 Citizens’ Readiness to Adopt and Use Electronic Voting System in Ghana

Authors: Isaac Kofi Mensah

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The adoption and application of Information and Communication Technologies (ICTs) in government administration through e-government is expected to permeate all sectors of state/ public institutions as well as democratic institutions. One of such public institutions is the Electoral Commission of Ghana mandated by the 1992 Constitution to hold all public elections including presidential and parliamentary elections. As Ghana holds its 7th General Elections since 1992, on 7th November 2016, there are demands from key stakeholders for the Election Management Body, which is the Electoral Commission (EC) of Ghana to adopt and implement an electronic voting system. This case study, therefore, attempts to contribute significantly to the debate by examining influencing factors that would impact on citizen’s readiness to adopt and use an electronic voting system in Ghana. The Technology Acceptance Model (TAM) was used as a theoretical framework for this study, out of which a research model and hypotheses were developed. Importantly, the outcome of this research finding would form a basis for appropriate policy recommendation for consideration of Government and EC of Ghana.

Keywords: citizens readiness, e-government, electronic voting, technology acceptance model (TAM)

Procedia PDF Downloads 229
281 Female Labor as a Social Right: A Human Rights Perspective

Authors: Claudia Borges Colcerniani

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The paper is about a qualitative study whose main objective is to know how labor, as a Brazilian constitutionally established social right, can promote the social inclusion of female heads of one-parent families in a situation of poverty. The participants are six women, mothers, and workers living in Rocinha, a community located in the city of Rio de Janeiro, RJ, Brazil. According to the Brazilian Federal Constitution, social rights are based on the idea that socioeconomic inequalities should not limit or eliminate civil and political rights. In this perspective, labor can be a way to reach social justice, according to the theory of Nancy Fraser, the theoretical framework adopted in this research. Data were collected through socioeconomic questionnaires, and semi-structured interviews applied individually. The results analysis was made using the content analysis/categorical content analysis, according to Bardin's perspective. The results indicate that labor (as a social right) is considered, by the interviewed women, as an opportunity for social inclusion when there are the characteristics of the formality in accordance with the international labor regulations (Decent Work - International Labour Organization/United Nations).

Keywords: female labor, social justice, inclusion, women, decent work

Procedia PDF Downloads 77
280 A Conceptual Framework for Managing Municipal Finances in South Africa

Authors: Abongile Zweni

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As a post-apartheid strategy to redress the social imbalances of the past, local governments are tasked with the role of delivering crucial services to their constituents. Apart from political instability, evidence shows that managers in South African municipalities lack effective financial management skills and competencies. This resulted in a failure to fulfill its administrative obligations, particularly municipal financial management. Most municipalities have, however, failed in this role, which has led them to be placed under administration by the provincial government in terms of Section 139 of the constitution of the Republic of South Africa. Thus, this study proposed a leadership conceptual framework for effectively managing ever-eroding municipal finances in South Africa. The study adopted a desktop research approach to explore the key components of leadership and municipal financial management toward the development of the conceptual framework. The study fostered a better understanding of the need for transformation in relation to the current financial management practices and sustainability of a municipality. Moreover, the conceptual framework applies not only to municipalities but also to other government departments and public authorities in the country for financial management.

Keywords: leadership, municipal finance, financial performance, management skills, municipality

Procedia PDF Downloads 265
279 Challenges to Press Freedom in Pakistan

Authors: Awais Ahmad

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People of Khyber Pakhtunkhwa (KP) and Federally Administered Tribal Areas (FATA) remains underrepresented in Pakistan’s mainstream media and their miseries and concerns are unheard and unnoticed. Rising the incidents of human rights violation in KP province of Pakistan, and its absence in the mainstream media has raised many questions on the clause of press freedom known as 19/A in the constitution of Pakistan, that has claimed freedom of speech to all Pakistani citizens. Using a ‘think a loud’ research technique, senior most journalists of KP have been interviewed to get to know reasons of why and how Pashtun’s voices have been silenced in a democratic country where individual’s opinion is considered more powerful, and they can exercise freedom to protest and speak-up for their rights. The information collected from the journalists has been used to evaluate press freedom in KP and FATA by applying the institutional theory. The paper evaluates different recent cases where Pashtun journalists, media outlets and social activists were being punished for criticizing authorities and military establishment. This study also explores that the perception of local journalists regarding press freedom and what are the factors they consider it restrictions while they perform their duties.

Keywords: press freedom, federally administered tribal areas (fata), khyber pakhtunkhwa (kp), military establishment

Procedia PDF Downloads 38
278 Imperatives for Teacher Empowerment in Devising Extension Education as Part of the Holistic Curriculum for Hospitality and Tourism Domains: A Conceptual Study in Indian Context

Authors: Rajiv Mishra, Mantun Kumar Singh

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The role of educator or teacher in the Indian context is circumscribed by the objective of social transformation as articulated in the Indian National Movement and later enshrined in the Preamble to the Indian Constitution, in the Fundamental Rights and in the Directive Principles of State Policy. Extension, which is the additional dimension of professional practice among teachers at higher education can be used as a revolutionary tool to modify the existing slogan of ‘education for all’ to ‘education for all and for-ever’, thereby making the ‘life-long education’, a reality. This conceptual paper addresses the twin needs of preparing the students for individual growth as also to facilitate them to contribute to social development. It focuses on the inclusion of the measures required to be taken for providing social consciousness and sensitivity, as this happens to be a neglected part of the curriculum. The extra effort so needed to build community based activities presupposes the requirement for professional training to be given to the hospitality and tourism educators as a continuing education initiative.

Keywords: continuing education, extension activities, holistic curriculum, hospitality and tourism educators

Procedia PDF Downloads 289
277 Fashion Magazines in Spain: History and Evolution

Authors: Ana María Velasco Molpeceres

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With this work, we try to offer a complete digest of female fashion magazines edited in Spain from the XVIII century to today. During the XIX century Spain developed an important journalistic industry and the feminine press was very popular. In addition, a lot of women wrote and directed fashion magazines which tried to improve women’s status and education. In the XX century, fashion magazines reflected the ideological conflicts and the history of Spain. Before the Civil War (1936-1939), women get many rights and the modernization was clear. In the Franco’s dictatorship, fashion magazines portrayed ideals of a conservative femininity. But, in the sixties, the media helped to connect Spain with the rest of the world, being at the same time under the censorship of the regime. After the dictatorship, fashion was a very important part of the Transition’s culture and the ‘Movida’ (reflected in Almodovar’s films) contributed and expressed the new ideals of citizenship for men and women. Fashion magazines showed the changes of the society. In the XXI century, today, these magazines are a part of a global culture and Vogue or Elle live with Spanish magazines as Telva or Hola. The objective of this research is to study the history, meaning and evolution of the fashion magazines in Spain. And, of course, the ideal of women reflected on them.

Keywords: fashion, Spain, magazines, women

Procedia PDF Downloads 264
276 Palliative Care: Optimizing the Quality of Life through Strengthening the Legal Regime of Bangladesh

Authors: Sonia Mannan, M. Jobair Alam

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The concept of palliative care in Bangladesh largely remained limited to the sympathetic caring of patients with a life-limiting illness. Quality of Life (QoL) issues are rarely practiced in Bangladesh. Furthermore, palliative medicine, in the perspective of holistic palliative care service, does not have its proper recognition in Bangladesh. Apart from those socio-medical aspects, palliative care patients face legal issues that impact their quality of life, including access to health services and social benefits and dealing with other life-transactions of the patients and their families (such as disposing of property; planning for children). This paper is an attempt to articulate these legal dimensions of the right to palliative care in the context of Bangladesh. The major focus of this paper will be founded on the doctrinal analysis of the constitutional provisions and other relevant legislation on the right to health and their judicial interpretation, which is argued to offer a meaningful space for the right to palliative care. This paper will also investigate the gaps in the said legal framework to better secure such care. In conclusion, a few recommendations are made so that the palliative care practices in Bangladesh are better aligned with international standards, and it can respond more humanely to the patients who need palliative care.

Keywords: Bangladesh, constitution, legal regime, palliative care, quality of life

Procedia PDF Downloads 116
275 A Political Analytical Evaluation of Religion Influence on Indian Politics

Authors: Mangesh Govindrao Acharya

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The influence of religion on politics in India can be seen in the British period. The British used partition politics to create a schism between Hindus and Muslims in India. India was partitioned in1947 due to this policy of the British. In independent India, the principle of secularism was prioritized as a solution to this in the constitution created by the people. Secularism was provided for in 1978 by the 42nd Constitutional Amendment. Although India has embraced secularism, the role of religion in politics has not ended. Although 75 years of India's independence have been completed, politics is still done in the name of religion in India. Political parties choose their candidates, keeping in mind the influence of religion in a particular constituency. People think more about religion and caste while choosing their candidates. Caste riots occur due to the influence of religion-influenced politics. There is a new dispute between the minority and the majority. The Temple-Masjid controversy has become a focal point of Indian politics. Religious hatred in India is causing a huge loss of lives and property and is creating tension among the citizens. All the aspects of Indian politics that have been corrupted by religious fanaticism have been studied in this research paper. This paper mainly explores the causality of the influence of religion on Indian politics.

Keywords: religion, Indian politics, equality and justice, Muslim society, political parties

Procedia PDF Downloads 98
274 Students’ Perceptions of Communication Design in Media: Case Study of Portuguese and Spanish Communication Students

Authors: Fátima Gonçalves, Joaquim Brigas, Jorge Gonçalves

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The proliferation of mobile devices in society enables the media to disseminate information and knowledge more rapidly. Higher education students access these contents and share them with each other, in the most diverse platforms, allowing the ubiquity in access to information. This article presents the results and respective quantitative analysis of a survey applied to communication students of two higher education institutions: one in Portugal and another in Spain. The results show that, in this sample, higher education students regularly access news content believing traditional news sources to be more credible. Regarding online sources, it was verified that the access was mostly to free news contents. This study intends to promote the knowledge about the changes that occur in the relationship of higher education students with the media, characterizing how news consumption is processed by these students, considering the resulting effects of the digital media evolution. It is intended to present not only the news sources they use, but also to know some of their habits and relationship with the news media.

Keywords: students' perceptions, communication design, mass media, higher education, digital media

Procedia PDF Downloads 214
273 The Impact of Gender and Residential Background on Racial Integration: Evidence from a South African University

Authors: Morolake Josephine Adeagbo

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South Africa is one of those countries that openly rejected racism, and this is entrenched in its Bill of Rights. Despite the acceptance and incorporation of racial integration into the South Africa Constitution, the implementation within some sectors, most especially the educational sector, seems difficult. Recent occurrences of racism in some higher institutions of learning in South Africa are indications that racial integration / racial transformation is still farfetched in the country’s higher educational sector. It is against this background that this study was conducted to understand how gender and residential background influence racial integration in a South African university which was predominantly a white Afrikaner institution. Using a quantitative method to test the attitude of different categories of undergraduate students at the university, this study found that the factors- residential background and gender- used in measuring student’s attitude do not necessarily have a significant relationship towards racial integration. However, this study concludes with a call for more research with a range of other factors in order to better understand how racial integration can be promoted in South African institutions of higher learning.

Keywords: racial integration, gender, residential background, transformation

Procedia PDF Downloads 415
272 Alternative Dispute Resolution in the Settlement of Environmental Disputes in South Africa

Authors: M. van der Bank, C. M. van der Bank

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Alternative Dispute Resolution denotes all forms of dispute resolution other than litigation or adjudication through the courts. This definition of Alternative Dispute Resolution, however, makes no mention of a vital consideration. ADR is the generally accepted acronym for alternative dispute resolution. Despite the choice not to proceed before a court or statutory tribunal, ADR will still be regulated by law and by the Constitution. Fairness is one of the core values of the South African constitutional order. Environmental disputes occur frequently, but due to delays and costs, ADR is a mechanism to resolve this kind of disputes which is a resolution of non-judicial mechanism. ADR can be used as a mechanism in environmental disputes that are less expensive and also more expeditious than formal litigation. ADR covers a broad range of mechanisms and processes designed to assist parties in resolving disputes creatively and effectively. In so far as this may involve the selection or design of mechanisms and processes other than formal litigation, these mechanisms and processes are not intended to supplant court adjudication, but rather to supplement it. A variety of ADR methods have been developed to deal with numerous problems encountered during environmental disputes. The research questions are: How can ADR facilitate environmental disputes in South Africa? Are they appropriate? And what improvements should be made?

Keywords: alternative dispute, environmental disputes, non-judicial, resolution and settlement

Procedia PDF Downloads 209
271 Pakistan’s Taxation System: A Critical Appraisal

Authors: Khalid Javed, Rashid Mahmood

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The constitution empowers the Federal Government to collect taxes on income other than agricultural income, taxes on capital value, customs, excise duties and sales taxes. The Central Board of Revenue (CBR) and its subordinate departments administer the tax system. Each of the three principal taxes has a different history and different set of issues. For a large number of income tax payers the core of the business process is pre-audit and assessment by a tax official. This process gives considerable discretion to tax officials, with potential for abuse. Moreover, this process is also not tenable as the number of taxpayers increase. The report is focused on a total overhaul of the process and organization of income tax. Sales tax is recent and its process and organization is adjusted to the needs of an expanding tax base. These are based on self-assessment and selective audit. Similarly, in customs the accent is on accelerating and broadening the changes begun in recent years. Before long, central excise will be subsumed in sales tax. During the nineties, despite many changes in the tax regime and introduction of withholding and presumptive taxes, Federal Government tax to GDP ratio has varied narrowly around eleven percent. The tax base has grown but still remains narrow and skewed. The number of income tax filers is around one million.

Keywords: central board of revenue, GDP, sale tax, income tax

Procedia PDF Downloads 402
270 The Effects of an Intervention Program on Psychosocial Factors and Consequences during the COVID-19 Pandemic in a Chilean Technology Services Company: A Quasi-Experimental Study

Authors: Julio Lavarello-Salinas, Verónica Kramm-Vergara, Pedro Gil-La Orden

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During the COVID-19 pandemic, mental health became a relevant factor in people’s performance within organizations. The aim of this study was to analyze the effects of an organizational intervention program on the psychosocial factors of demands, resources, and the consequences of psychosocial risks in a technology services company during the COVID-19 pandemic. A quasi-experimental study was carried out with 105 employees who took part in an eight-week intervention program divided into two large stages. Pre- and post- measurements were collected using the UNIPSICO Questionnaire, considering its factors of demands, resources, and consequences of psychosocial risks. The Spanish Burnout Inventory (SBI) was also included. The results showed significant improvements in the perception of some psychosocial demand factors, all the resource factors, and all the consequences of psychosocial risks, except the guilt dimension of the SBI. Thus, we can conclude that the program was effective and that the study limitations should be improved in future studies.

Keywords: UNIPSICO questionnaire, occupational health, work stress, work psychosocial risk

Procedia PDF Downloads 72
269 Visual Working Memory, Reading Abilities, and Vocabulary in Mexican Deaf Signers

Authors: A. Mondaca, E. Mendoza, D. Jackson-Maldonado, A. García-Obregón

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Deaf signers usually show lower scores in Auditory Working Memory (AWM) tasks and higher scores in Visual Working Memory (VWM) tasks than their hearing pairs. Further, Working Memory has been correlated with reading abilities and vocabulary in Deaf and Hearing individuals. The aim of the present study is to compare the performance of Mexican Deaf signers and hearing adults in VWM, reading and Vocabulary tasks and observe if the latter are correlated to the former. 15 Mexican Deaf signers were assessed using the Corsi block test for VWM, four different subtests of PROLEC (Batería de Evaluación de los Procesos Lectores) for reading abilities, and the LexTale in its Spanish version for vocabulary. T-tests show significant differences between groups for VWM and Vocabulary but not for all the PROLEC subtests. A significant Pearson correlation was found between VWM and Vocabulary but not between VWM and reading abilities. This work is part of a larger research study and results are not yet conclusive. A discussion about the use of PROLEC as a tool to explore reading abilities in a Deaf population is included.

Keywords: deaf signers, visual working memory, reading, Mexican sign language

Procedia PDF Downloads 140
268 Need for Policy and Legal Framework for Caste Based Atrocities as Violation of International Human Rights in View of Indian Diaspora

Authors: Vijayalaxmi Khopade

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The Prima facie caste system is intrinsic to Indian society. It is an ancient system of intense social stratification based upon birth and enjoying religious sanction. The uppermost strata and privileges are ascribed and enjoyed by brahmins (priestly class), while the lowest strata are occupied by Dalits who are not ascribed with any privileges. The caste system is inherently hierarchical, patriarchal, and systematic and thrives solely on exploitation justified through means of the Brahminical system of hegemony based singularly on birth. The caste system has extended its tentacles to other religions like Christianity, Buddhism, Jainism, and Islam in South Asia. Term Dalit is colloquially used to categorize persons belonging to lower strata in the caste hierarchy. However, this category is heterogenous and highly stratified, following practices like untouchability and exclusion amongst themselves. The modern Indian legal system acknowledges the existence of Caste and its perils. Therefore, by virtue of the Indian Constitution, provisions for affirmative action for the protection and development of Dalits are made. Courts in India have liberally interpreted laws to benefit Dalits. However, the modern system of governance is not immune from Caste based biases. These biases are reflected in the implementation of governance, including the dispensation of justice. The economic reforms of the 1990s gave a huge boost to the Indian diaspora. Persons of Indian origin are now seen making great strides in almost every sector and enjoying positions of power globally. As one peels off the layer of ethnic Indian origin, a deep seated layer of Caste and Caste based patriarchy is clearly visible. Indian diaspora enjoying positions of power essentially belongs to upper castes and carry Caste based biases with them. These castes have long enjoyed the benefits of education; therefore, they were the first ones to benefit from LPG (Liberalization, Privatization, Globalization) model adopted in the 1990s. Dalits, however, had little formal education until recently. The western legal system, to the best of our knowledge, does not recognize Caste and, therefore, cannot afford protection for Dalits, wherein discrimination and exploitation take place solely on the basis of Caste. Therefore, Dalits are left with no legal remedy outside domestic jurisdiction. Countries like the UK have made an attempt to include Caste in their Equality Bill 2010. This has met with tough resistance from Upper caste Hindus who shy away from recognizing their caste privileges and, therefore, the existence of Caste. In this paper, an attempt for comparative analysis is made between various legal protections accorded to Dalits in India vis-à-vis international human rights as protected by the United Nations under its declaration of Universal Human rights. An attempt has been made to mark a distinction between race and Caste and to establish a position of women in Caste based hierarchy. The paper also makes an argument for the inclusion of atrocities committed against Dalits as a violation of international human rights, their protection by the United Nations, and the trial of their violations by International Courts. The paper puts into perspective the need for an external agency like the United Nations and International courts to interfere in rights guaranteed by the Indian Constitution, even with the existence of a modern legal system in a sovereign democratic country.

Keywords: atrocity, caste, diaspora, legal framework

Procedia PDF Downloads 188
267 Human Resources and Business Result: An Empirical Approach Based on RBV Theory

Authors: Xhevrie Mamaqi

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Organization capacity learning is a process referring to the sum total of individual and collective learning through training programs, experience and experimentation, among others. Today, in-business ongoing training is one of the most important strategies for human capital development and it is crucial to sustain and improve workers’ knowledge and skills. Many organizations, firms and business are adopting a strategy of continuous learning, encouraging employees to learn new skills continually to be innovative and to try new processes and work in order to achieve a competitive advantage and superior business results. This paper uses the Resource Based View and Capacities (RBV) approach to construct a hypothetical relationships model between training and business results. The test of the model is applied on transversal data. A sample of 266 business of Spanish sector service has been selected. A Structural Equation Model (SEM) is used to estimate the relationship between ongoing training, represented by two latent dimension denominated Human and Social Capital resources and economic business results. The coefficients estimated have shown the efficient of some training aspects explaining the variation in business results.

Keywords: business results, human and social capital resources, training, RBV theory, SEM

Procedia PDF Downloads 273
266 Explanation and Temporality in International Relations

Authors: Alasdair Stanton

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What makes for a good explanation? Twenty years after Wendt’s important treatment of constitution and causation, non-causal explanations (sometimes referred to as ‘understanding’, or ‘descriptive inference’) have become, if not mainstream, at least accepted within International Relations. This article proceeds in two parts: firstly, it examines closely Wendt’s constitutional claims, and while it agrees there is a difference between causal and constitutional, rejects the view that constitutional explanations lack temporality. In fact, this author concludes that a constitutional argument is only possible if it relies upon a more foundational, causal argument. Secondly, through theoretical analysis of the constitutional argument, this research seeks to delineate temporal and non-temporal ways of explaining within International Relations. This article concludes that while the constitutional explanation, like other logical arguments, including comparative, and counter-factual, are not truly non-causal explanations, they are not bound as tightly to the ‘real world’ as temporal arguments such as cause-effect, process tracing, or even interpretivist accounts. However, like mathematical models, non-temporal arguments should aim for empirical testability as well as internal consistency. This work aims to give clear theoretical grounding to those authors using non-temporal arguments, but also to encourage them, and their positivist critics, to engage in thoroughgoing empirical tests.

Keywords: causal explanation, constitutional understanding, empirical, temporality

Procedia PDF Downloads 155
265 The Expanding Role of Islamic Law in the Current Indonesian Legal Reform

Authors: Muhammad Ilham Agus Salim, Saufa Ata Taqiyya

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In many Muslim countries, secularization has successfully reduced the role of Islamic law as a formal legal source during this last century. The most obvious fact was the reform of Daulah Utsmaniyah to be Secular Republic of Turkey. Religion is strictly separated from the state authorities in many countries today. But these last decades in Indonesia, a remarkable fact is apparent. Islamic law has expanded its role in Indonesian legal system, especially in districts regulations. In Aceh province, as a case in point, shariah has been the basic source of law in all regulations. There are more provinces in Indonesia which adopted Islamic law as a formal legal source by the end of 2014. Different from some other countries which clearly stipulates the status of Islam in formal ways, Indonesian constitution formally does not render any recognition for Islam to be the formal religion of the state. But in this Muslim majority country, Islamic law takes a place in democratic way, namely on the basis of the voice of majority. This paper will analyze how this reality increases significantly since what so called by Indonesian reformation era (end of nineties). Some causes will be identified regarding this tendency of expansion of role. Some lessons learned also will be recommended as the concluding remarks by the end of the paper.

Keywords: Islamic law, Indonesia, legal reform, Syariah local regulation

Procedia PDF Downloads 324
264 The Influence of Gender and Harmful Alcohol Consumption on Academic Performance in Spanish University Students

Authors: M. S. Rodríguez, F. Cadaveira, M. F. Páramo

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First year university students comprise one of the groups most likely to indulge in hazardous alcohol consumption. The transition from secondary school to university presents a range of academic, social and developmental challenges requiring new responses that will meet the demands of this highly competitive environment. The main purpose of this research was to analyze the influence of gender and hazardous alcohol consumption on academic performance of 300 university students in Spain in a three-year follow-up study. Alcohol consumption was measured using the Alcohol Use Identification Test (AUDIT), and the average university grades were provided by the Academic Management Services of the University. Analysis of variance showed that the level of alcohol consumption significantly affected academic performance. Students undertaking hazardous alcohol consumption obtained the lowest grades during the first three years at university. These effects were particularly marked in the sample of women with a hazardous pattern of alcohol consumption, although the interaction between gender and this type of consumption was not significant. The study highlights the impact of hazardous alcohol consumption on the academic trajectory of university students. The findings confirm that alcohol consumption predicts poor academic performance in first year students and that the low level of performance is maintained throughout the university career.

Keywords: academic performance, alcohol consumption, gender, university students

Procedia PDF Downloads 278
263 Dual Language Immersion Models in Theory and Practice

Authors: S. Gordon

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Dual language immersion is growing fast in language teaching today. This study provides an overview and evaluation of the different models of Dual language immersion programs in US K-12 schools. First, the paper provides a brief current literature review on the theory of Dual Language Immersion (DLI) in Second Language Acquisition (SLA) studies. Second, examples of several types of DLI language teaching models in US K-12 public schools are presented (including 50/50 models, 90/10 models, etc.). Third, we focus on the unique example of DLI education in the state of Utah, a successful, growing program in K-12 schools that includes: French, Chinese, Spanish, and Portuguese. The project investigates the theory and practice particularly of the case of public elementary and secondary school children that study half their school day in the L1 and the other half in the chosen L2, from kindergarten (age 5-6) through high school (age 17-18). Finally, the project takes the observations of Utah French DLI elementary through secondary programs as a case study. To conclude, we look at the principal challenges, pedagogical objectives and outcomes, and important implications for other US states and other countries (such as France currently) that are in the process of developing similar language learning programs.

Keywords: dual language immersion, second language acquisition, language teaching, pedagogy, teaching, French

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262 Structural Challenges, the Forgotten Elephant in the Quest of Access to Justice: The Case of the South African Labour and Labour Appeal Courts

Authors: Carlos Joel Tchawouo Mbiada

Abstract:

This paper intends to refrain from debating the different meanings of justice, such as its social or moral meaning, nor to discuss the different theories of justice. This paper focuses on the legal understanding of access to justice to mean access to the court. Using the Labour and Labour Appeal Courts as a case study, this paper investigates whether the composition of the bench, the personnel and state mechanisms to promote access to court offer ideal conditions to access to court. The investigation is benchmarked against the South African new constitutional order underpinned by the concept of social justice to eradicate past injustices. To provide justice to all, the Constitution of the Republic of South Africa 1996 guarantees the right to access to the court. The question that takes centre stage in this paper is whether litigants are denied the right to access the Labour and Labour Appeal Courts. The paper argues that factors such as the status of the Labour and Labour Appeal Courts, the number of judges, and the building structure prevent litigants from accessing these courts. The paper advocates for a legislative overhaul of the Labour and Labour Appeal Courts structure so that litigants may access the courts. Until such time, the paper argues that the right to access the Labour and Labour Appeal Courts would remain far from the reach of many litigants.

Keywords: access to justice, access to court, labour court, labour appeal court

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261 The Application of International Law in Terms of Earthlife Africa Johannesburg and Another v Minister of Energy and Others 65662/16 (2017) Case

Authors: M. van der Bank

Abstract:

This study involves a legal analysis of the case Earthlife Africa Johannesburg v Minister of Environmental Affairs and Others. The case considered the impact of the Thabametsi Power Project if it operated to the expected year 2060 on the global climate and ever-changing climate, in South Africa. This judgment highlights the significance, place and principles of climate change and where climate change impacts the South African environmental law which has its founding principles in the Constitution of the Republic of South Africa, 1996. This paper seeks to examine the advances for climate change regulation and application in terms of international law, in South Africa, through a qualitative study involving comparative national and international case law. A literature review study was conducted to compare and contrast the various aspects of law in order to support the argument undertaken. The paper presents a detailed discussion of the current legislation and the position as it currently stands with reference to international law and interpretation. The relevant protections as outlined in the National Environmental Management Act will be discussed. It then proceeds to outline the potential liability of the Minister in the interpretation and application of international law.

Keywords: climate change; environment, environmental review, international law; and principles

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260 Judicial Activism and the Supreme Court of India

Authors: Shreeya Umashankar

Abstract:

The Supreme Court of India has emerged as the most powerful organ of State and amongst the foremost constitutional courts in the world through the instrument of Public Interest Litigation (PIL), the exercise of writ jurisdiction and the expansive interpretation of fundamental rights guaranteed by the Constitution of India. Judicial activism impinging on every facet of governance has become the norm in recent times. This paper traces the evolution of judicial activism since Independence through pronouncements of the Supreme Court. It brings out distinct phases in this evolution– the initial phase of judicial restraint, the first phase of an activist judiciary where the Supreme Court primarily was concerned with protection of fundamental rights and humane treatment of citizens; the second phase where the Supreme Court took keen interest in preservation and protection of the environment; the third phase where the Supreme Court extended its reach into the socio-economic arena and the fourth phase when issues of transparency and probity in governance led to interventions by the Supreme Court. The paper illustrates through judgements of the Supreme Court that the instrument of the PIL and the exercise of writ jurisdiction by the Supreme Court go beyond the traditional postulates of judicial processes and political theory on separation of powers between the organs of State.

Keywords: fundamental rights, judicial activism, public interest litigation, Supreme Court of India

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259 Motherhood Medicalization and Marketing: From Media Frames to Women's Decisions

Authors: Leila Mohammadi

Abstract:

This article discusses the technology of social egg freezing in the context of existing literature on medicalization, motherhood, and marketing. The social egg freezing technique offers to preserve some healthy eggs for age-related fertility decline in the future. The study draws on a qualitative analysis and participants observation of media publications, including text, images, or audio-visual about social egg freezing technology and postpone maternity, to identify and compare their communication strategies from a framing theory perspective. Using 442 surveys and 158 pieces of publications in Spanish media, this study demonstrated that the narratives used by these publications and their structures follow a marketing objective to medicalize motherhood. Within these frames, the market of preserving fertility is cast to show compassion and concern about women. In the opinion of participants, egg freezing technology liberates, empowers, and automates women from patriarchal control, and also gives them the responsibility of taking care of their body and reproductive system. This study showed this opinion is significantly influenced by media and their communication strategies supported by providers of this business.

Keywords: motherhood, social egg freezing, medicalization, marketing, media frames, fertility, assisted reproductive system

Procedia PDF Downloads 100
258 Analogical Reasoning on Preschoolers’ Linguistic Performance

Authors: Yenie Norambuena

Abstract:

Analogical reasoning is a cognitive process that consists of structured comparisons of mental representations and scheme construction. Because of its heuristic function, it is ubiquitous in cognition and could play an important role in language development. The use of analogies is expressed early in children and this behavior is also reflected in language, suggesting a possible way to understand the complex links between thought and language. The current research examines factors of verbal and non-verbal reasoning that should be taken into consideration in the study of language development for their relations and predictive value. The study was conducted with 48 Chilean preschoolers (Spanish speakers) from 4 to 6-year-old. We assessed children’s verbal analogical reasoning, non-verbal analogical reasoning and linguistics skills (Listening Comprehension, Phonemic awareness, Alphabetic principle, Syllabification, Lexical repetition and Lexical decision). The results evidenced significant correlations between analogical reasoning factors and linguistic skills and they can predict linguistic performance mainly on oral comprehension, lexical decision and phonological skills. These findings suggest a fundamental interrelationship between analogical reasoning and linguistic performance on children’s and points to the need to consider this cognitive process in comprehensive theories of children's language development.

Keywords: verbal analogical reasoning, non-verbal analogical reasoning, linguistic skills, language development

Procedia PDF Downloads 241