Search results for: cultural rights

Authors: Mufizur Rahman

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This thesis argues that by the citizenship policies of the Myanmar government, the rights of Rohingya have been taken away and the identity of Rohingya has been marginalized. An emphasis is made on the history, ancestors, homeland, and ideal when an individual seeks recognition for ethnic identity. Ethnic groups hold on to their unique culture, cultural heritage, language, homeland, and historical past not only to act in solidarity but also to reinforce the consciousness of national identity. Rohingya ethnic group in Rakhine state (formerly Arakan state) is in seek for identity and citizenship rights in the country. Even though Rohingya people have been living in Arakan for centuries, they are being marginalized and have been deprived of their rights by the 1982 citizenship law, which was created by the authoritarian leader after the military coup in 1962. This study elaborated marginalized and persecuted life of Rohingyas for decades by the Government of Myanmar (GOM) in their homeland and after the enactment of the 1982 Citizenship Law and citizenship policies enforced by the government. Thereby, every right was deprived systematically from the Rohingya by the GOM. By this circumstance of the country, many Rohingyas have fled from the country and sought asylum in other countries. This study primarily used the qualitative research data of in-depth personal interviews by conducting 18 Rohingya participants from the diaspora community, including male and female participants. The study examined the narrative of the Rohingya identity and citizenship policies of their homeland from the personal experience of the diaspora community.

Keywords: Rohingya, identity, citizenship policies, Diaspora community, homeland, Myanmar

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Authors: Masoud Raei, Mohammadmahdi Sadeghi

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The right to life as the most essential right in human rights issues and in the first group has devoted a special place to itself. Attention to this right and its domain and its reflection in civil rights is one of the most important axis of the rights to life issues. Issues discussed concerning this matter in public law with regard to its status in human rights are the determination of government’s duty toward identification; application and guarantee of this right. The constitutions of countries have chosen different approaches towards the identification of this right and also its limits and boundaries, determining the territory of governments for citizens. The reason for such a difference is the question arising in this regard. It is claimed that without the determination of meaningfulness of the right to life, it is not possible to provide a clear response to this question. The goal of this paper is to justify its theoretical framework from the view of meaningfulness of right to life relying on Quranic verses with a conceptual approach towards the right to life so that the relationship between government and citizens with regard to right to life is determined. Through a comparative study, it is possible to attain significant differences between the teachings of the Holy Quran and human rights documents. The method of this paper is a descriptive-analytic approach relying on interpretation books on Holy Quran.

Keywords: meaningfulness, objectivism, separatism, right to life

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Authors: Varsha Rainson

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Artificial intelligence (AI) has great potential and can be used as a powerful tool of application in various domains and sectors. But with the application of AI, there comes a wide spectrum of concerns around bias, accountability, transparency, and privacy. Hence, there is a need for responsible AI, which can uphold ethical and accountable practices to ensure that things are transparent and fair. The paper is a combination of AI and cultural heritage preservation, with a greater focus on India because of the rich cultural legacy that it holds. India’s cultural heritage in itself contributes to its identity and the economy. In this paper, along with discussing the impact culture holds on the Indian economy, we will discuss the threats that the cultural heritage is exposed to due to pollution, climate change and urbanization. Furthermore, the paper reviews some of the exciting applications of AI in cultural heritage preservation, such as 3-D scanning, photogrammetry, and other techniques which have led to the reconstruction of cultural artifacts and sites. The paper eventually moves into the potential risks and challenges that AI poses in cultural heritage preservation. These include ethical, legal, and social issues which are to be addressed by organizations and government authorities. Overall, the paper strongly argues the need for responsible AI and the important role it can play in preserving India’s cultural heritage while holding importance to value and diversity.

Keywords: responsible AI, cultural heritage, artificial intelligence, biases, transparency

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Authors: Maritess A. Rulona

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Cultural appropriation on traditional symbols has been a worldwide problem. Indonesia’s Batak Toba, an indigenous people group has experienced such appropriation. Bataknese has rich cultural heritage and oral traditions. Their cultural symbols originated from their folklores namely myths, legends, and folktales. This research used both oral traditions and cultural symbols of Batak Toba for a comparative analysis of their ancient and modern practices. This is anchored on Franz Boas’ Cultural Relativism in analyzing their five common cultural symbols. Further, it also utilized Stith Thompson’s Motif-Index to determine the common motif evident in their ten folklores. Ten Batak Toba key respondents provided information in this study. Some informants were also featured in the 20-minute documentary of this study. Thus, the findings were: 1) Traditional customs such as weddings, burial, and reburial are still observed using their cultural symbols; 2) The five most common cultural symbols are Ulos Ragidup, Sigale Gale, Rumah Bolon, Lake Toba, and Gondang; and 3) Batak culture values animals such as buffalo, lizard, and goldfish since they have ancient beliefs of mythical creatures; In conclusion, this study proved that there is a clear connection between the tribe’s oral traditions and cultural symbols. With these findings, this study recommends that elder Bataks teach younger Batak to be immersed in the cultural practices and to incorporate their traditional practices in their modern events.

Keywords: batak toba, cultural appropriation, motif-index, oral tradition, cultural emblems

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Authors: Paloma Mendes Saldanha

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Access to information is a prerequisite for democracy while also guiding the material construction of fundamental rights. The exercise of citizenship requires knowing, understanding, questioning, advocating for, and securing rights and responsibilities. In other words, it goes beyond mere active electoral participation and materializes through awareness and the struggle for rights and responsibilities in the various spaces occupied by the population in their daily lives. In times of hyper-cultural connectivity, active citizenship is shaped through ethical trust processes, most often established between humans and algorithms. Automated decisions, so prevalent in various everyday situations, such as purchase preference predictions, virtual voice assistants, reduction of accidents in autonomous vehicles, content removal, resume selection, etc., have already found their place as a normalized discourse that sometimes does not reveal or make clear what violations of fundamental rights may occur when algorithmic explainability is lacking. In other words, technological and market development promotes a normalization for the use of automated decisions while silencing possible restrictions and/or breaches of rights through a culturally modeled, unethical, and unexplained trust process, which hinders the possibility of the right to a healthy, transparent, and complete exercise of citizenship. In this context, the article aims to identify the violations caused by the absence of algorithmic explainability in the exercise of citizenship through the construction of an unethical and silent trust process between humans and algorithms in automated decisions. As a result, it is expected to find violations of constitutionally protected rights such as privacy, data protection, and transparency, as well as the stipulation of algorithmic explainability as a fundamental right in the exercise of Brazilian citizenship in the era of virtualization, facing a threefold foundation called trust: culture, rules, and systems. To do so, the author will use a bibliographic review in the legal and information technology fields, as well as the analysis of legal and official documents, including national documents such as the Brazilian Federal Constitution, as well as international guidelines and resolutions that address the topic in a specific and necessary manner for appropriate regulation based on a sustainable trust process for a hyperconnected world.

Keywords: artificial intelligence, ethics, citizenship, trust

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Authors: Karla N. Penna, Eloise J. Hoffman, Tonya R. Carter

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This paper suggests that effective cultural landscape management plans in an Indigenous context should be undertaken using multidisciplinary approach taken into consideration context-related social and cultural aspects. In relation to working in Indigenous and mining contexts, we draw upon and contribute to International policies on human rights that promote the development of management plans on that are co-designed through genuine engagement processes. We suggest that the production of management plans that are built upon culturally relevant frameworks, lead to more inclusive economic development, a greater sense of trust, and shared managerial responsibilities. In this paper, three issues related to Indigenous engagement and cultural landscape management plans will be addressed: (1) the need for effective communication channels between proponents and Traditional Owners (Australian original Aboriginal peoples who inhabited specific regions), (2) the use of a culturally sensitive approach to engage local representatives in the decision making processes, and (3) how design of new management plans can help in establishing shared management.

Keywords: culture-centred approach, Holons’ hierarchy, inclusive economic development, indigenous engagement

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

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

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

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Authors: Sarika Siraj

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Nothing talks more about the identity of a place than its cultural heritage. More often than ever, it is the architecture of the place that embodies its cultural heritage. With these thoughts in mind, this paper looks closely into the present scene of earthen architecture of Bangladesh and the changes it has been going through due to modernity. Along with the gradual erasure of this sustainable practice, a loss of cultural identity can be observed in present times. This paper intends to examine the loss along with the reasons, taking the village of Maheshkhali, located in south east Bangladesh, as a case study for this research. Based on the empirical findings, this paper will contextualize sustainability as well as discuss western development as a creator of new cultural identities in eastern countries.

Keywords: cultural identity, sustainability, architecture, heritage

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Authors: Camila Dazzi, Crisitiane Passos de Mattos, Thiago Leite

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The paper discusses the cultural identity of the communities located in Environmental Protection Area (APAs), in the mountainous region of Rio de Janeiro, constituted almost entirely by descendants of Swiss immigrants who arrived in Brazil in the nineteenth century. The communication is the result of an extension project named "Cultural Identity in Environmental Protection Areas of Nova Friburgo." The objectives of this project were framed in the identification of local history, cultural demonstrations, crafts, religious events, festivals, the "know-how" and traditions. While an extension project, developed by students and teachers of a Bachelor of Tourism Management program, the work provided a more practical action: awareness the communities that inhabit the APAs on the possible implementation of the cultural community-based tourism, a sustainable alternative for economic development, involving local people as propagators of local culture, and tourism as a way of valuing and safeguarding of Intangible Heritage.

Keywords: tourism and cultural heritage, tourism and cultural impacts, tourism and cultural change, cultural identity

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Authors: Osinubi Olufemi Bankole

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Cultural tourism is an industry committed to making a low impact on the environment, locale culture, festival, etc. while helping to generate income and employment opportunities for the locale. Tourists who promote cultural tourism are sensitive to the cultural belief and norms that are gradually going into extinction and the rich cultural resources that abound in Nigeria. The paper focus on culture been a unique way of life of particular people that differentiates them from their neighbors. It examined the socioeconomic roles of cultural tourism to the development of Nigeria using Osun state as case study. The data collected were analyzed using simple percentage method, result shows that 35 respondents representing 87.5% agreed that cultural tourism has a significant role to play in the socioeconomic development of Nigeria. The study concluded that cultural tourism is an important aspect of the nation’s economic sector that should be given adequate consideration for economic sustainability. The researcher recommended that various investment opportunities abound in the nation’s cultural resources if well developed and maintained.

Keywords: culture, development, industry, tourism

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Authors: Akbar

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Pros and cons of the capital punishment in Indonesia have been out of the date. The discourse of capital punishment has no relevance to the theory of punishment and theories of cultural relativism. In fact, the provisions of exceptions to the right to life by administering the death penalty against the perpetrators of serious crimes in Indonesia is a narrow perspective that does not pay attention to the development of the punishment of the crime. This thing is aggravated by an error to understand the natural right and legal right where the prohibition of those rights is result from a failure to distinguish the characteristic of the rights and to remember the raison d’être of law. To parse the irrational above, this paper will try to analyze normatively the error referring to the complementary theory between the sources of international law and the sources of municipal law of Indonesia. Both sources of the law above should be understood in the mutually reinforcing relationship enforceability because of false perceptions against those will create the disintegration between international law and municipal law of Indonesia. This disintegration is explicit not only contrary to the integrative theory of international law but also integrative theory of municipal law of Indonesia.

Keywords: capital punishment, municipal law, right to life, international law, the raison d’être of law, complementary theory, integrative theory

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Authors: Ekaterina Semenova

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

Keywords: illicit content, liability, Russia, website blocking

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Authors: Tomas Macsotay

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

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

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Authors: Niina Meriläinen

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

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

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Authors: Dakeyi Athanase

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The ratification of an international human rights legal instrument provides signatory States with an opportunity to assume a set of obligations and rights for the benefit of their citizens, offering increased possibilities, opportunities, and means to access an improved quality of life – to be, to appear, and to become. Developed nations typically experience cultural, political, social, economic, legal, and regulatory transformations in response to this transition. In a methodologically proactive approach, mechanisms undergo a visible and comprehensible process of qualitative and quantitative change. Conversely, in nations undergoing development, the response to such ratification varies. Some demonstrate positive policy changes, while others remain stagnant or regress. Cameroon falls into the second category, despite efforts, as it legally prohibits 50% of its population with disabilities from acquiring the status of a person with a disability. The overarching goal of this communication is to highlight these deficiencies and their detrimental effects on various aspects of life, fostering awareness among beneficiaries and advocating for more inclusive transformations in the country. Our project employs a popular and participatory methodological approach by involving beneficiaries and their organizations in its preparation. It is also inclusive, representing the diversity of disabilities and engaging natural and legal persons from various backgrounds. Active consultations occur at all levels of the activities. Anticipated outcomes include raising awareness globally among nations, international cooperation organizations, NGOs, and other inclusive development actors. We seek their support for local advocacy efforts to fully implement the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Concurrently, we hope they express solidarity with the victims in Cameroon who have been left behind and recommend legal reforms to align domestic and international legislation with the promotion and protection of disability rights.

Keywords: droit, convention, handicap, discrimination, participation, inclusion

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Authors: Mehdi Ghaemi

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

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

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Authors: Roger-Claude Liwanga

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

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

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Authors: Muhammad Adil

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

Keywords: constitution, fundamental rights, honor, pakhtunwali.

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Authors: Christine S. Veviani

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

Keywords: employment relationships, opposing citizenships, constitutionalism, capitalism

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Authors: Mousouris Spiridon, Kavakli Evangelia

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This paper focuses on Digital Libraries (DLs) that contain and geovisualise cultural data, highlighting the need to define them as a separate category termed Cultural Mapping Libraries, based on their inherent connection of culture with geographic location and their design requirements in support of visual representation of cultural data on the map. An exploratory analysis of DLs that conform to the above definition brought forward the observation that existing Cultural Mapping Libraries fail to geovisualise the entirety of cultural data per point of interest thus resulting in a Cultural Snapshot phenomenon. The existence of this phenomenon was reinforced by the results of a systematic bibliographic research. In order to address the Cultural Snapshot, this paper proposes the use of the Semantic Web principles to efficiently interconnect spatial cultural data through time, per geographic location. In this way points of interest are transformed into scenery where culture evolves over time. This evolution is expressed as occurrences taking place chronologically, in an event oriented approach, a conceptualization also endorsed by the CIDOC Conceptual Reference Model (CIDOC CRM). In particular, we posit the use of CIDOC CRM as the baseline for defining the logic of Cultural Mapping Libraries as part of the Culture Domain in accordance with the Digital Library Reference Model, in order to define the rules of cultural data management by the system. Our future goal is to transform this conceptual definition in to inferencing rules that resolve the Cultural Snapshot and lead to a more complete geovisualisation of cultural data.

Keywords: digital libraries, semantic web, geovisualization, CIDOC-CRM

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Authors: Poopak Dehshahri

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

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

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Authors: Qianyu Zhang

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The spread of digital technology in China has worsened the generation gap and intergenerational competition for cultural and aesthetic discourse. Meanwhile, the increased accessibility of cultural works has encouraged the sharing and inheritance of collective cultural memories between generations. However, not each cultural work can engage positively with efforts to bridge intergenerational aesthetic differences. This study argues that in contemporary China, where new media and the Internet are widely available, featured cultural works have more potential to help enhance the cultural aesthetic consensus among different generations, thus becoming an effective countermeasure to narrow the intergenerational aesthetic rift and cultural discontinuity. Specifically, the generational aesthetic gap is expected to be bridged or improved through the shared appreciation or consumption of cultural works that meet certain conditions by several generations. In-depth interviews of Gen X and Gen Z (N=15, respectively) in China uncovered their preferences and commonalities for cultural works and shared experiences in appreciating them. Results demonstrate that both generations’ shared appreciation of cultural work is a necessary but insufficient condition for its effective response to the generational aesthetic gap. Coding analysis rendered six dimensions that cultural works with the potential to bridge the intergenerational aesthetic divide should satisfy simultaneously: genre, theme, content, elements, quality, and accessibility. Cultural works that engage multiple senses/ compound realistic, domestic and contemporary cultural memories/ contain the narrative of family life and nationalism/ include more elements familiar to the previous generation/ are superb-produced and unaffected/ are more accessible better promote intergenerational aesthetic exchange and value recognition. Moreover, compared to the dilemma of the previous generation facing the aesthetic gap, the later generation plays a crucial role in bridging the generational aesthetic divide.

Keywords: cultural works, generation gap, generation X, generation Z, cultural memory

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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: 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: 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: Pau Rausell-Koster, Jordi Sanjuan-Belda

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The economic crisis of 2008 had a special impact on cultural consumption in Spain. It fell by almost 30% in a few years, and its share of total family spending decreased from 3.19% in 2007 to 2.38% in 2015. In 2017, unlike other indicators, cultural consumption levels were still far from recovering their pre-crisis values. In times of economic difficulties, the satisfaction of primary subsistence needs takes priority over that of social, cultural and experiential needs, among which cultural consumption would mostly be framed. However, its evolution cannot be attributed exclusively to macroeconomic trends. In parallel to these, technological advances mainly related to the Internet have been disseminated in recent years, which have a very marked impact on the consumption patterns of some cultural sectors. Thus, the aim of this study is to define the causes of the decline in cultural consumption in Spain in recent years, and analyse what type of products, territories and population profiles suffered it especially. From the data analysis of the Family Budget Survey, the study seeks to improve the understanding of the determinants of cultural consumption and their behaviour in the face of macroeconomic trends, as well as identify and extract some policy implications regarding to the upcoming crisis caused by COVID-19.

Keywords: consume patterns, cultural consumption, economic crisis, economic trends

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Authors: Mirjana Dokmanovic

Abstract:

In recent years, the disadvantaged and marginalised position of rural women in the Republic of Serbia has been recognised in a number of national strategies and policy papers. A number of measures have been adopted by the government aimed at economic empowerment of rural women and eliminating barriers to accessing decision making and economic and social opportunities. However, their implementation pace is still slow. The aim of the paper is to indicate the necessity of a comprehensive policy approach to eliminating discrimination against rural women that would include policy and financial commitments for enhancing agricultural and rural development as a whole, instead of taking fragmented measures targeting consequences instead of causes. The paper introduces main findings of the study of challenges, constraints, and opportunities of rural women in Serbia to enjoy their economic and social rights. The research methodology included the desk research and the qualitative analysis of the available data, statistics, policy papers, studies, and reports produced by the government, ministries and other governmental bodies, independent human rights bodies, and civil society organizations (CSOs). The findings of the study reveal that rural women are at great risk of poverty, particularly in remote areas, and when getting old or widowed. Young rural women working in agriculture are also in unfavorable position, as they do not have opportunities to enjoy their rights during pregnancy and maternity leave, childcare leave and leave due to the special care of a child. The study indicates that the main causes of their unfavorable position are related to the prevalent patriarchal surrounding and economic and social underdevelopment of rural areas in Serbia. Gender inequalities have been particularly present in accessing land and property rights, inheritance, education, social protection, healthcare, and decision making. Women living in the rural areas are exposed at high risk of discrimination in all spheres of public and private life that undermine their enjoyment of basic economic, social and cultural rights. The vulnerability of rural women to discrimination increases in cases of the intersectionality of other grounds of discrimination, such as disability, ethnicity, age, health condition and sexual discrimination. If they are victims of domestic violence, their experience lack of access to shelters and protection services. Despite the State’s recognition of the marginalized position of rural women, there is still a lack of a comprehensive policy approach to improving the economic and social position of rural women.

Keywords: agricultural and rural development, care economy, discrimination against women, economic and social rights, feminization of poverty, Republic of Serbia, rural women

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Authors: Farangiz Davranbekova

Abstract:

Subject: The study explores the impact of Over-the-Top services in the sports rights market, focusing on football games. This impact is analysed in the big five European football markets. The research entails how the pay-TV market is combating the disruptors' entry, how the fans are adjusting to these changes and how leagues and football clubs are orienting in the transitional period of more choice. Aims and methods: The research aims to offer a general overview of the impact of OTT players in the football rights market. A theoretical framework of Jenkins’ five layers of convergence is implemented to analyse the transition the sports rights market is witnessing from various angles. The empirical analysis consists of secondary research data as and seven expert interviews from three different clusters. The findings are bound by the combination of the two methods offering general statements. Findings: The combined secondary data as well as expert interviews, conducted on five layers of convergence found: 1. Technological convergence presents that football content is accessible through various devices with innovative digital features, unlike the traditional TV set box. 2. Social convergence demonstrates that football fans multitask using various devices on social media when watching the games. These activities are complementary to traditional TV viewing. 3. Cultural convergence points that football fans have a new layer of fan engagement with leagues, clubs and other fans using social media. Additionally, production and consumption lines are blurred. 4. Economic convergence finds that content distribution is diversifying and/or eroding. Consumers now have more choices, albeit this can be harmful to them. Entry barriers are decreased, and bigger clubs feel more powerful. 5. Global convergence shows that football fans are engaging with not only local fans but with fans around the world that social media sites enable. Recommendation: A study on smaller markets such as Belgium or the Netherlands would benefit the study on the impact of OTT. Additionally, examination of other sports will shed light on this matter. Lastly, once the direct-to-consumer model is fully taken off in Europe, it will be of importance to examine the impact of such transformation in the market.

Keywords: sports rights, OTT, pay TV, football

Procedia PDF Downloads 128