Search results for: author's moral rights

Authors: Isaac Kfir

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

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

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Authors: Yuanxiang Miao

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This paper aims to examine the perceptual features of couchsurfers on a new hospitality tourism platform, the free homestay website couchsurfing. As a local host, the author has accepted 61 couchsurfers in Kyoto, Japan, and attempted to figure out couchsurfers' characteristics on perception by hosting them. Moreover, the methodology of this research is mainly based on in-depth interviews, by talking with couchsurfers, observing their behaviors, doing questionnaires, etc. Five dominant perceptual features of couchsurfers were identified: (1) Trusting; (2) Meeting; (3) Sharing; (4) Reciprocity; (5) Worries. The value of this research lies in figuring out a deeper understanding of the perceptual features of couchsurfers, and the author indeed hosted and stayed with 61 couchsurfers from 30 countries and areas over one year. Lastly, the author offers practical suggestions for future research.

Keywords: couchsurfing, depth interview, hospitality tourism, perceptual features

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Authors: Peter J. Morgan

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In response to evidential arguments from evil, Stephen Wykstra presents CORNEA (Condition of Reasonable Epistemic Access) as a foundational principle for Skeptical Theism which urges one to think in terms of what can be expected in a given situation. The use of CORNEA results in skepticism regarding the ability of human ken to know divine levels of knowledge in instances of intense evil. However, William Rowe presents a critique of Skeptical Theism that questions its ability to argue successfully for theism. Rowe contends that siding with Skeptical Theism is akin to boarding a trolley car that does not stop. Contra Wykstra, Rowe observes that, for all that can be known, there could be greater amounts of evils than goods, and the goods that are seen may not be the best possible goods. This amounts to a mortally challenging critique of Skeptical Theism. However, there is a brake on Rowe’s Trolley. This paper makes the argument that the ubiquitous presence of Moral Obligation (MO) serves as a braking system for Rowe’s Trolley. When the rider begins to feel lost in an epistemic stalemate of good and evil it is MO that turns the tide: MO serves as evidence towards the good on a basic human level, and it is a reminder that God’s character will result in actions towards the good.

Keywords: CORNEA, moral obligation, problem of evil, skeptical theism

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Authors: Tomy Prihananto, Damar Apri Sudarmadi

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

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

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Authors: Franziska Kaiser, Alexander Cuntz

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

Keywords: copyright, fictional characters, trademark, reuse

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Authors: Roger-Claude Liwanga

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Over the last seven decades, there has been a proliferation of international tribunals. Yet, they have not received unanimous approval, raising a question about their legitimacy. A legitimate international tribunal is one whose authority to adjudicate international disputes is perceived as justified. Using the case study of the International Court of Justice (ICJ), this article highlights the three criteria that should be considered in assessing the legitimacy of an international tribunal, which include legal, sociological, and moral elements. It also contends that the ICJ cannot claim 'full' legitimacy if any of these components of legitimacy is missing in its decisions. The article further suggests that the legitimacy of the ICJ has a dynamic nature, as litigating parties may constantly change their perception of the court’s authority at any time before, during, or after the judicial process. The article equally describes other factors that can contribute to maintaining the international court’s legitimacy, including fairness and unbiasedness, sound interpretation of international legal norms, and transparency.

Keywords: international tribunals, legitimacy, human rights, international law

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Authors: Manotar Tampubolon

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Indonesia is a country that upholds the law, human rights and religious freedom. The freedom that implied in various laws and constitution (Undang-undang 1945) is not necessarily applicable in practice of religious life. In one side, the state has a duty as protector and guarantor of freedom, on the other side, however, it turns into one of the actors of freedom violations of religion minority. State action that interferes freedom of religion is done in various ways both intentionally or negligently or not to perform its obligations in the enforcement of human rights (human rights due diligence). Besides the state, non-state actors such as religious organizations, individuals also become violators of the rights of religious freedom. This article will discuss two fundamental issues that interfere freedom of religion in Indonesia after democratic era. In addition, this article also discusses a comprehensive state policy that discriminates minority religions to manifest their faith.

Keywords: religious freedom, constitution, minority faith, state actor

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Authors: Louise Reyntjens

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The last quarter of the twentieth century was characterized by the emergence of a new kind of terrorism: religiously-inspired terrorism. Islam finds itself at the heart of this new wave, considering the number of international attacks committed by Islamic-inspired perpetrators. With religiously inspired terrorism as an operating framework, governments increasingly rely on immigration law to counter such terrorism. Immigration law seems particularly useful because its core task consists of keeping ‘unwanted’ people out. Islamic terrorists more often than not have an immigrant background and will be subject to immigration law. As a result, immigration law becomes more and more ‘securitized’. The European migration crisis has reinforced this trend. The research explores the human rights consequences of immigration law’s securitization in Europe. For this, the author selected four European countries for a comparative study: Belgium, France, the United Kingdom and Sweden. All these countries face similar social and security issues but respond very differently to them. The United Kingdom positions itself on the repressive side of the spectrum. Sweden on the other hand also introduced restrictions to its immigration policy but remains on the tolerant side of the spectrum. Belgium and France are situated in between. This contribution evaluates the situation in Belgium. Through a series of legislative changes, the Belgian parliament (i) greatly expanded the possibilities of expelling foreign nationals for (vaguely defined) reasons of ‘national security’; (ii) abolished almost all procedural protection associated with this decision (iii) broadened, as an extra security measure, the possibility of depriving individuals condemned of terrorism of their Belgian nationality. Measures such as these are obviously problematic from a human rights perspective; they jeopardize the principle of legality, the presumption of innocence, the right to protection of private and family life and the prohibition on torture. Moreover, this contribution also raises questions about the efficacy of immigration law’s suitability as a counterterrorism instrument. Is it a legitimate step, considering the type of terrorism we face today? Or, is it merely a strategic move, considering the broader maneuvering space immigration law offers and the lack of political resistance governments receive when infringing the rights of foreigners? Even more so, figures demonstrate that today’s terrorist threat does not necessarily stem from outside our borders. Does immigration law then still absorb - if it has ever done so (completely) - the threat? The study’s goal is to critically assess, from a human rights perspective, the counterterrorism strategies European governments have adopted. As most governments adopt a variation of the same core concepts, the study’s findings will hold true even beyond the four countries addressed.

Keywords: Belgium, counterterrorism strategies, human rights, immigration law

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Authors: Aleksandra Chiniaeva

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The following paper describes the activity of national and international parliamentary assemblies of the European region in protection and promotion of human rights. It may be said that parliamentarians have a “double mandate” — as members of the international assembly and of their respective national parliaments. In other words, parliamentarization at both international and national level provides a situation for parliamentarians, where they link people, national governments and international organizations. The paper is aimed towards demonstrating that the activity of the main international parliamentary assemblies of the European region have a real positive impact on the human rights situation in the European region. In addition, the paper describes the assemblies that include protection of human rights in their Agenda as one of the main subjects: the EP, the PACE, the OSCE PA and the IPA CIS. Co-operation activities such as joint election observation; participation in inter-parliamentary associations, such as the IPU; conclusion agreements allow assemblies to provide observation of human right situation in the states that are not members of the particular organization and as consequence make their impact broader.

Keywords: human rights, international parliamentary assembly, IPU, EP, PACE, OSCE, international election observation

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Authors: Ademola Ibukunolu Atanda, Gbenga Nathaniel Adeola

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The study examined awareness of child rights as a determinant of effective student personnel services in public secondary schools in Southwestern Nigeria. It was survey research. The sample comprised 433 teachers, 137 school administrators, and 968 students who were drawn by simple random sampling techniques. The respondents were given copies of questionnaires tagged “school administrator/teacher’s awareness of child’s rights and student personnel services elements inventory.” Key Informant Interview (KII) was also employed. The data were analysed using frequency count, percentages, weighted average, grand mean, standard deviation, and Pearson Product Moment Correlation, while KII was qualitatively analysed. The findings of the study revealed that public secondary school administrator awareness of child rights was at a moderate level, but the awareness of child rights was low among the teachers. The study equally revealed that student personnel services are moderately provided in public secondary schools in Southwestern Nigeria, but security remains a major challenge. It was also found that there was a significant relationship between awareness of child rights and effective student personnel services. It was therefore recommended, based on the findings, that attention should be given to heightening awareness of child rights among public secondary school administrators and teachers for effective student personnel services. Copies of the Child Right Act 2003 should also be made available in all public secondary schools in Southwestern Nigeria, as the study revealed that the documents were not available.

Keywords: student personnel, child right, administrator awareness, practice of child right

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Authors: Pearl K. Atuhaire, Sylvia Kaye

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While the need for equal access to civil, political as well as economic, social and cultural rights is clear under the international law, the adoption of the Convention on the Elimination of all forms of Discrimination against women in 1979 made this even clearer. Despite this positive progress, the abuse of refugee women's rights is one of the basic underlying root causes of their marginalisation and violence in their countries of asylum. This paper presents a critical review on the development of refugee women's rights at the international levels and national levels. It provides an array of scholarly literature on this issue and examines the measures taken by the international community to curb the problem of violence against women in their various provisions through the instruments set. It is cognizant of the fact that even if conflict affects both refugee women and men, the effects on women refugees are deep-reaching, due to the cultural strongholds they face. An important aspect of this paper is that it is conceptualised against the fact that refugee women face the problem of sexual and gender based first as refugees and second as women, yet, their rights are stumbled upon. Often times they have been rendered "worthless victims" who are only in need of humanitarian assistance than active participants committed to change their plight through their participation in political, economic and social participation in their societies. Scholars have taken notice of the fact that women's rights in refugee settings have been marginalized and call for a need to incorporate their perspectives in the planning and management of refugee settings in which they live. Underpinning this discussion is feminism theory which gives a clear understanding of the root cause of refugee women's problems. Finally, this paper suggests that these policies should be translated into action at local, national international and regional levels to ensure sustainable peace.

Keywords: feminism theory, human rights, refugee women, sexual and gender based violence

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Authors: Seyed Salahedin Naghshbandi, Mahnaz Ahmadikhatir, Siavash Hamidzadeh

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The purpose of this study was to investigate the relationship between organizational political behavior and ethical values with the job enthusiasm of the sport personnel of the National Iranian Gas Company. The population of this research included all personnel of the National Iranian Gas Company's sports personnel (150 people). For collecting information, library resources and three questionnaires, organizational political behavior by Kaspar and Carlsen (1997), Lewall's moral values questionnaire (1986) and job enthusiasm questionnaire Schaufeli & Bekker (2003) have been used. Validity of the questionnaires was confirmed by university professors. Using Cronbach alpha correlation coefficient, the reliability of the organizational political behavior questionnaire was 0.92, the moral values questionnaire was 0.86 and the Schaufeli & Baker job enthusiasm questionnaire was 0.91-0.96. The results of this research show a significant, direct and positive relationship between the components of job aspiration with political behavior and ethical values. Therefore, managers of organizations should, as far as possible, remove political behaviors from the organization and be able to institutionalize ethical values in their organization so that they can increase employee eagerness.

Keywords: political behavior, ethical values, job enthusiasm, staff, national Iranian gas company

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Authors: Jan Podkowik

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The article discusses issues of mutual relationships of human dignity and personal autonomy. According to constitutions of many countries and international human rights law, human dignity is a fundamental and inviolable value. It is the source of all freedoms and rights, including personal autonomy. Human dignity, as an inherent, inalienable and non-gradable value comprising an attribute of all people, justifies freedom of action according to one's will and following one's vision of good life. On the other hand, human dignity imposes immanent restrictions to personal autonomy regarding decisions on commercialization of the one’s body, etc. It points to the paradox of dignity – the source of freedom and conditions (basic) of its limitations. The paper shows the theoretical concept of human dignity as an objective value among legal systems, determining the boundaries of legal protection of personal autonomy. It is not, therefore, the relevant perception of human dignity and freedom as opposite values. Reference point has been made the normative provisions of the Polish Constitution and the European Convention on Human Rights and Fundamental Freedoms as well as judgments of constitutional courts.

Keywords: autonomy, constitution, human dignity, human rights

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Authors: Abdulrahman Fahim M. Alsulami

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The current research seeks to explore the regulation of vaccine-related IP rights in light of the areas of divergence between the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement and investment treaties. The study is conducted in the context of the COVID-19 pandemic; therefore, it seems natural that a specific chapter is devoted to the examination of vaccine arrangements related to vaccine supplies. The chapter starts with the examination of a typical vaccine from the perspective of IP rights. It presents the distinctive features of vaccines as pharmaceutical products and investments, reviews the basics of their patent protection, reviews vaccines’ components, and discusses IPR protection of different components of vaccines. The subsection that focuses on vaccine development and licensing reviews vaccine development stages investigates differences between vaccine licensing in different countries and presents barriers to vaccine licensing. The third subsection, at the same time, introduces the existing arrangements related to COVID-19 vaccine supplies, including COVAX arrangements, international organizations’ assistance, and direct negotiations between governments and vaccine manufacturers.

Keywords: bilateral investment treaties, COVID-19 vaccine, IP rights, TRIPs agreement

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Authors: Martin Bloomfield

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This paper examines frictions that lie at the heart of any pragmatist conception of religion and moral progress. I take moral progress to require the ability to correctly analyse social problems, provide workable solutions to these problems, and then rationally justify the analyses and solutions used. I take religion here to involve, as a minimal requirement, belief in the existence of God, a god, or gods, such that they are recognisable to most informed observers within the Western tradition. I take pragmatism to belong to, and borrow from, the philosophical traditions of non-absolutism, anti-realism, historicism, and voluntarism. For clarity, the relevant brands of each of these traditions will be examined during the paper. The friction identified in the title may be summed up as follows: those who, like Cornel West (and, when he was alive, Hilary Putnam), are theistic pragmatists with an interest in realising moral progress, have all been aware of a problem inherent in their positions. Assuming it can be argued that religion and moral progress are compatible, a non-absolutist, anti-realist, historicist position nevertheless raises problems that, as Leon Wieseltier pointed out, the pragmatist still believes in a God who isn’t real, and that the truth of any religious statement (including “God exists”) is relative not to any objective reality but to communities of engaged interlocutors; and that, where there are no absolute standards of right and wrong, any analysis of (and solution to) social problems can only be rationally justified relative to one or another community or moral and epistemic framework. Attempts made to universalise these frameworks, notably by Dewey, Gadamer, and Bernstein, through democracy and hermeneutics, fall into either a vicious and infinite regress, or (taking inspiration from Habermas) the problem of moral truths being decided through structures of power. The paper removes this friction by highlighting the work of Christian pragmatist Cornel West through the lens of the philosopher of religion Eleanore Stump. While West recognises that for the pragmatist, the correctness of any propositions about God or moral progress is impossible to rationally justify to any outside the religious, moral or epistemic framework of the speakers themselves without, as he calls it, a ‘locus of truth’ (which is itself free from the difficulties Dewey, Gadamer and Bernstein fall victim to), Stump identifies routes to knowledge which provide such a locus while avoiding the problems of relativism, power dynamics, and regress. She describes “Dominican” and “Franciscan” knowledge (roughly characterised as “propositional” and “non-propositional”), and uses this distinction to identify something Bernstein saw as missing from Gadamer: culture-independent norms, upon which universal agreement can be built. The “Franciscan knowledge” Stump identifies as key is second-personal knowledge of Christ. For West, this allows the knower to access vital culture-independent norms. If correct, instead of the classical view (religion is incompatible with pragmatism), Christianity becomes key to pragmatist knowledge and moral-knowledge claims. Rather than being undermined by pragmatism, Christianity enables pragmatists to make moral and epistemic claims, free from troubling power dynamics and cultural relativism.

Keywords: Cornel West, Cultural Relativism, Gadamer, Philosophy of Religion, Pragmatism

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Authors: Thalia Viveros-Uehara

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The virtues of Corporate Social Responsibility (CSR) are explored widely in the academic literature. However, few studies address its link to human rights, per se; specifically, the right to a safe, clean and healthy environment. Fewer still are the research works in this area that relate to developing countries, where a number of areas are biodiversity hotspots. In Mexico, despite the rise and evolution of CSR schemes, grave episodes of pollution persist, especially those caused by the mining industry. These cases set up the question of the correspondence between the current CSR practices of mining companies in the country and their responsibility to respect the right to a safe, clean and healthy environment. The present study approaches precisely such a bridge, which until now has not been fully tackled in light of Mexico's 2011 constitutional human rights amendment and the United Nation's Guiding Principles on Business and Human Rights (UN Guiding Principles), adopted by the Human Rights Council in 2011. To that aim, it initially presents a contextual framework; it then explores qualitatively the adoption of human rights’ language in the CSR strategies of the three main mining companies in Mexico, and finally, it examines their standing with respect to the UN Guiding Principles. The results reveal that human rights are included in the RSE strategies of the analysed businesses, at least at the rhetoric level; however, they do not embrace the right to a safe, clean and healthy environment as such. Moreover, we conclude that despite the finding that corporations publicly express their commitment to respect human rights, some operational weaknesses that hamper the exercise of such responsibility persist; for example, the systematic lack of human rights impact assessments per mining unit, the denial of actual and publicly-known negative episodes on the environment linked directly to their operations, and the absence of effective mechanisms to remediate adverse impacts.

Keywords: corporate social responsibility, environmental impacts, human rights, right to a safe, clean and healthy environment, mining industry

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Authors: Waheed Oseni

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This article reviews emergent global trends in intellectual property protection and identifies patenting as a strategic initiative. Recent developments in software and method of doing business patenting are fast transforming the e‐business landscape. The article discusses the emergent global regulatory framework concerning intellectual property rights and the strategic value of patenting. Important features of a corporate patenting portfolio are described. Superficially, the e‐commerce landscape appears to be dominated by dotcom start-ups or the “dotcomization” of existing brick and mortar companies. But, in reality, at its very bedrock is intellectual property (IP). In this connection, the recent avalanche of patenting of software and method‐of‐doing‐business (MDB) in the USA is a very significant development with regard to rules governing IP rights and, therefore, e‐commerce. Together with the World Trade Organization’s (WTO) IP rules, there is an emerging global regulatory framework for IP rights, an understanding of which is necessary for designing effective e‐commerce strategies.

Keywords: intellectual property, patents, methods, computer software

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Authors: E. G. Popkova, I. A. Morozova, T. N. Litvinova

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As a result, numerous studies of economic systems the authors have identified and substantiated the existence of a“underdevelopment whirlpool” is a phenomenon of considerable differentiation level of economic development in developed and developing countries. This article reflects the relationship “underdevelopment whirlpools” marketing areas as a tool to overcome them. The article presents the author's recommendations for dealing with “underdevelopment whirlpools”. Based on the experience of successful developing countries showing strong economic growth, the author analyzes possible future direction of overcoming the “underdevelopment whirlpools”. The author details the aspect of increasing product through the positioning of the territory as a way out of the “underdevelopment whirlpools”.

Keywords: underdevelopment whirlpool, developed countries, developing countries, disparities of economic growth, marketing territories

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Authors: Shaykh-Luqman Jimoh

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In Nigeria, aside the eight Government hospitals designated Psychiatric hospitals, there are also many local psychiatric centers managed by muslims and non-muslim individuals. These centers have been heavily criticized for human right abuses. This study is an inquiry into the truth or otherwise of the criticism. The study focuses on the activities of local centers managed by muslim individuals in South-West Nigeria with a view to determining the extent they uphold or violate their patients’ fundamental human rights as guaranteed by Islam. Information about the activities of the centers were collected through oral interviews. Both descriptive and analytical methods were used in the study. The study revealed that while there are some activities of the local centers managed by muslims in the study area that could be regarded as outright violation of patients’ fundamental human rights, some others, in view of the rationale behind them, may not necessarily constitute outright violation of the patients’ fundamental human rights as hitherto painted except where excesses are committed. The study therefore, using Islamic paradigm, suggests general measures that could be taken to improve on the activities of the centers.

Keywords: local psychiatric centers, muslim exorcists, patients’ rights, South-West Nigeria

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Authors: Tracy Smith-Carrier

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In 1995, the World Health Organization declared that poverty was the biggest killer and the greatest cause of suffering in the world. Income is certainly a key social determinant of health, the lack of which causes innumerable health and mental health conditions. In seeking to provide relief from financial hardship for residents within their populace, states in the Global North have largely turned to the non-profit and charitable sector. The stigma and shame of accessing charity is a significant barrier for many, but what is more problematic is that the embrace of the charitable model has let governments off the hook from responding to their international human rights obligations. Although states are signatories to various human rights treaties and conventions internationally, many of these laws have not been implemented domestically. This presentation explores the limits of the charitable model in addressing poverty in countries of the Global North. Unlike in the ages passed, when poverty was thought to be an individual problem, we now know that poverty is largely systemic in nature. In this presentation, we will identify the structural determinants of poverty, outline why people are reticent to access charitable programs and services and how income security is reproduced through the charitable model, and discuss evidence-informed solutions, such as a basic income guarantee, to move beyond the charitable model in favour of a rights-based justice model. To move beyond charity, we must demand that governments recognize our fundamental human rights and address poverty and hunger using a justice model based on substantive human rights.

Keywords: basic income, charity, poverty, income security, hunger, food security, social justice, human rights

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Authors: Aleksandar Savanović

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In this paper we will analyze the relationship between the neo-liberal concept of property rights and redistribution policy. This issue is back in the focus of interest due to the crisis 2008. The crisis has reaffirmed the influence of the state on the free-market processes. The interference of the state with property relations re-opened a classical question: is it legitimate to redistribute resources of a man in favor of another man with taxes? The dominant view is that the neoliberal philosophy of natural rights is incompatible with redistributive measures. In principle, this view can be accepted. However, when we look into the details of the theory of natural rights proposed by some coryphaei of neoliberal philosophy, such as Hayek, Nozick, Buchanan and Rothbard, we can see that it is not such an unequivocal view.

Keywords: economic neoliberalism, natural law, property, redistribution

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Authors: Marc Angelo C. Balon, Maxine Joy A. Yongoyong

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Female masturbation has been an age-old controversy. In fact, it is not widely talked about specifically in the Philippines since the Filipino culture still preserves the space for conservativeness. Although, considering the numerous and emerging studies on female masturbation, this study will focus on the perspectives of secular and non-secular male groups with regard to female masturbation. The objectives of this study is to identify the perceptions of these male groups and their taking on considering women who masturbate as their sexual partner, as a sexual object, and as a life partner and lastly, to have a comparative analysis of the perceptions of these male groups drawing out their sense of meaning on the masturbation of women. The researchers made use of purposive sampling technique and interview guide questionnaire. The secular male group were psychology students while the non-secular male group was drawn from a Catholic Church seminary in Tagaytay City, Cavite. Results showed that the secular male group had scientific perspectives such as exploring the genitals, contradicting moral perspectives on masturbation as a regular practice, while the non-secular male groups had theological perspectives in accordance with the fundamental moral theology, moral perspectives and perspectives on masturbation as a regular practice. Moreover, men who came from the non-secular group highly believe that masturbation is immoral. Otherwise, men who came from the secular group noted that masturbation is primary physiological need.

Keywords: secular, non-secular, masturbation, comparative analysis

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Authors: Siriporn Meenanan

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The objective of this study is to study about the uses and gratification of the sample who use the website that named secret-thai.com which provides moral contents, inspires, and builds up the spirit. The study found that the samples mainly use this website to follow up on the dharma activities. They also use the space as the web board to discuss about dharma issues. Moreover, the contents help readers to relax and also provides the guidelines to deal with stress and uncomfortable situations properly. The samples found to be most satisfied. In other words, the samples found the contents of the website are complete, and can cover their needs. Moreover, they found that contents useful in their ways of living. In addition, they are satisfied with the beautiful and interesting design of the website and well classification of the contents that readers can easily find the information that they want.

Keywords: uses and gratification, website, Secret-Thai.com, moral contents

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Authors: Oktawia Braniewicz

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The phenomenon of emigration and migration increasingly affects Poland's borders as well. For this reason, it is necessary to examine the level of protection of Human Rights in Polish Centres for Foreigners. The field study covered 11 centers for Foreigners in the provinces Kujawsko-Pomorskie Region, Lubelskie Region, Lodzkie Region, Mazowieckie Region and Podlaskie Region. Photographic documentation of living and social conditions, conversations with center employees and refugees allow to show a comprehensive picture of the situation prevailing in Centres for Foreigners. The object of reflection will be, in particular, the standards resulting from art. 8 and 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms and article 2 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms. The degree of realization of the right to education and the right to respect for family and private life will be shown. Issues related to learning the Polish language, access to a professional translator and psychological help will also be approximated. Learning Polish is not obligatory, which causes problems with assimilation and integration with other members of the new community. In centers for foreigners, there are no translators - a translator from an external company is rented if necessary. The waiting time for an interpreter makes the refugees feel anxious, unable to communicate with the employees of the centers (this is a situation in which the refugees do not know either English, Polish or Russian). Psychologist's help is available on designated days of the week. There is no separate specialist in child psychology, which is a serious problem.

Keywords: human rights, Polish centres, foreigners, fundamental freedoms

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Authors: Fedorova Elena

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In this article, we draw a distinction between two important functions of public policy in private international law. The first function is widely recognized and relates to the prevention of application of foreign laws and enforcement of foreign court judgments whenever their effects are incompatible with the domestic legal system of the forum. This effectively protects sovereign rights of the forum state as it allows to resist against the undesirable effects of foreign law-making and law-enforcement policies. The second function is less obvious, but not less important. As the internal private legal relationships, international private relationships are usually governed by rules of public policy, to which the parties can not derogate by mutual agreement. Thefore, for international private law relations public policy has a different function than previously mentioned: in this case, the public policy acts as a defense against unacceptable effects of the party autonomy. Thus, this second function of public policy consists in the limitation of the party autonomy wich effects would be unacceptable for the local legal system. In the frame of this second function the author will analyse two types of public policy which can limit the party autonomy: « substantial » public policy (which regulates the substance of international legal relationship) and « conflictual » public policy (which regulates the party autonomy to choose the law applicable for the substance of relationship). The author provides an analysis of these functions of the public policy in the field of international contract law because of the important role of the principle of party autonomy for international contract relations.

Keywords: public policy, general theory of private international law, substantial public policy, conflictual public policy

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Authors: Trina Isabel Santiago, Daniel Chua, Jumee Tayaban, Joseph Daniel Timbol, Joshua Yanes

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Numerous instances of human rights violations on healthcare workers have been reported during the COVID-19 pandemic in the Philippines. This brief aims to explore these civil and political rights violations and propose recommendations to address these. Our review shows that a wide range of civic and political human rights violations have been committed by individual citizens and government agencies on individual healthcare workers and health worker groups. These violations include discrimination, red-tagging, evictions, illegal arrests, and acts of violence ranging from chemical attacks to homicide. If left unchecked, these issues, compounded by the pandemic, may lead to the exacerbations of the pre-existing problems of the Philippine healthcare system. Despite all pre-existing reports by human rights groups and public media articles, there still seems to be a lack of government action to condemn and prevent these violations. The existence of government agencies which directly contribute to these violations with the lack of condemnation from other agencies further propagate the problem. Given these issues, this policy brief recommends the establishment of an interagency task force for the protection of human rights of healthcare workers as well as the expedited passing of current legislative bills towards the same goal. For more immediate action, we call for the establishment of a dedicated hotline for these incidents with adequate appointment and training of point persons, construction of clear guidelines, and closer collaboration between government agencies in being united against these issues.

Keywords: human rights violations, healthcare workers, COVID-19 pandemic, Philippines

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Authors: Sae-Yeon Seong, EunSun Chung, Dongjoo Chin

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Conflict of interest (COI) is one of the dominant circumstantial factors of moral corruption across various fields. Several management strategies have been proposed to prevent self-interested decision making in COIs. Among these strategies, message persuasion has been considered as a practical and effective approach. Framing and repetition are two of the major factors in the persuasion effect of message. Therefore, their effect on moral decision making in COI should be explored systematically. The purpose of this study was to compare the differential effects of positively framed message and negatively framed message, and secondly, to investigate how the effectiveness of persuasive message changes through repetitive exposures. A total of 63 participants were randomly assigned to one of 3 framing conditions: positive framing, negative framing, and no-message condition. Prior to the online experiment involving a consultation task, the differently framed persuasive message was presented to the participants. This process was repeated four times in a row. The results showed that participants with positive-framing message were less likely to provide self-interested consultation than participants in the no-message condition. Also, a U-shaped quadric relation between repetition and self-interest consultation was found. Implications and limitations are further discussed.

Keywords: conflicts of interest, persuasive message, framing effect, repetition effect, self-interested behavior

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Authors: Sisay Tamrat Ayalew

Abstract:

This paper explores the concept of humanism as a guiding philosophy in education, specifically focusing on Ethiopian Higher Education Institutions (EHEIs). It highlights the perceived lack of humanistic elements within the educational system and the resulting intellectual and moral decay among students. The aim of this study is to critically reflect on the essence of humanism and its relevance to Ethiopian higher education. By examining the philosophy and practice of humanism, the paper seeks to evaluate the existing state of EHEIs in relation to this educational approach. The methodology employed in this research is qualitative. The study relies primarily on literature review and analysis of policy documents to gain insights into the subject matter. A hermeneutic approach is utilized to interpret the realities observed in various contexts. The key finding of this paper is that Ethiopian higher education institutions lack humanistic elements in their educational practices. This deficiency contributes to the overall moral and intellectual decay among students. The study accentuates that humanism is not merely an optional extra but an essential tool for creating a clean academic environment and fostering the holistic development of students.

Keywords: humanism, higher education, human dignity, intellectual decadence, moral sickness

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Authors: Congrui Chen

Abstract:

The European Court of Human Rights (hereinafter ECtHR) delivered its judgment of just satisfaction on the case of Cyprus v. Turkey, ordering a lump sum of 9,000,000 euros as the just compensation. It is the first time that the ECtHR applied the Article 41 of just compensation in an inter-state case, and it stands as the highest amount of just compensation awarded in the history of the ECtHR. The Cyprus v. Turkey case, which represents the most crucial contribution to European peace in the history of the court. This thesis uses the methodologies of textual research, comparison analysis, and case law study to go further on the following two questions specifically:(i) whether the just compensation is applicable in an inter-state case; (ii) whether such just compensation is of punitive nature. From the point of view of general international law, the essence of the case is the state's responsibility for the violation of individual rights. In other words, the state takes a similar diplomatic protection approach to seek relief. In the course of the development of international law today, especially with the development of international human rights law, States that have a duty to protect human rights should bear corresponding responsibilities for their violations of international human rights law. Under the specific system of the European Court of Human Rights, the just compensation for article 41 is one of the specific ways of assuming responsibility. At the regulatory level, the European Court of Human Rights makes it clear that the just satisfaction of article 41 of the Convention does not include punitive damages, as it relates to the issue of national sovereignty. Nevertheless, it is undeniable that the relief to the victim and the punishment to the responsible State are two closely integrated aspects of responsibility. In other words, compensatory compensation has inherent "punitive".

Keywords: European Court of Human Right, inter-state cases, just satisfaction, punitive damages

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Authors: Fatima Ahdash

Abstract:

Over the last 6-7 years, the UK has resorted to using the family courts and the family justice system more generally as a way of dealing with children and young people either traveling to or returning from ISIS territories in the Middle East. This is an important innovation in counter-terrorism laws and practices in the UK: never before have the family courts been used for the purpose of preventing and countering terrorism anywhere in the world. This paper will examine this innovation; it will explore how, why, and the implications of the interaction between family law and counter-terrorism, particularly on the human rights of the parents and children involved. It will question whether the use of the family courts provides a more useful, and perhaps human rights compliant, method of tackling terrorism and extremism when compared to other more Draconian legal and administrative methods.

Keywords: counter-terrorism, family justice, law, human rights

Procedia PDF Downloads 179