Search results for: freedom of choice principle
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 3304

Search results for: freedom of choice principle

3304 Victims Legal Representation before International Criminal Court: Freedom of Choice and Role of Victims Legal Representatives

Authors: Erinda Male

Abstract:

Participation of a lawyer in any criminal proceedings on behalf of an accused person or a victim is essential to a fair trial. Legal representation is particularly crucial in proceedings before international tribunals, especially in the International Criminal Court. The paper thus focuses on the importance of the legal representation of victims and defendants before the ICC, as well as on the role of the legal representative in the proceedings before the court and the principle of freedom of choice of legal representatives. Also, the paper presents a short overview of the significance of legal representatives for victims and the necessity to protect their primary role in the ICC system, and ensure that it is coherent and respectful of victims’ rights. Victim participation is an important part of the ICC Statute and it is designed to help ensure that those most affected by the crimes are able to engage with the Court. Proper and quality legal representation ensures meaningful participation of victims at stages of the proceedings before ICC. Finally, the paper acknowledges the role of legal representatives during the pre-trial, trial and post-trial phase, the different modalities in selecting the legal representatives as well as balancing victims’ participation with the right of the accused to a fair trial.

Keywords: fair trial, freedom of choice principle, international criminal court, legal representatives, victims

Procedia PDF Downloads 360
3303 Economic Analysis of Interaction Freedom, Institutions and Development in the countries of North Africa: Amartya Sen Approach of Capability

Authors: Essardi Omar, Razzouk Redouane

Abstract:

The concept of freedom requires notice of countries all over the world to consider welfare and the quality of life. Despite, many economics efforts in the field of development literature, they have often failed to incorporate the ideas of freedom and rights into their theoretical and empirical work. However, with Amartya Sen’s approach of capability and researches, we can provide a basis for moving forward in theory and measure of development. Indeed, with an approach based on the correlation and the analysis of data, particularly on the tool of principle component analysis, we are going to study assessments of World Bank, Freedom House, Fraster institute, and MINEFE experts. Our empirical objective is to reveal the existence of the institutional and freedom characteristics related to the development of the emergent countries. In order to help us to explain the recent performance reached by Central and Eastern Europe and Latine America in compared with the case of countries of North Africa. To do this, first we will try to build indicators based on dilemma liberties /institutions. Second we will introduce institutional variables and freedom variables to make comparisons in freedom, quality of institutions and development in the countries observed.

Keywords: freedoms, institutions, development, approach of capability, principle component analysis

Procedia PDF Downloads 398
3302 Human Trafficking: Stand for Freedom

Authors: Madhumitha Rajasekaran

Abstract:

Freedom is a short, powerful word we take for granted every day. It is hard to fully appreciate freedom when we have never had it snatched away from us. We get to choose our jobs, where we live, what we eat. If we are unhappy at work, we have the freedom to quit and find work elsewhere.

Keywords: human trafficking, standing for freedom, social work, social research

Procedia PDF Downloads 356
3301 Religion and the Constitutional Regulation

Authors: Valbona Metaj

Abstract:

The relationship between the state and the religion is different based on the fact that how powerful is the religion faith in a state and of the influences that affected the views of the constitution drafters according to the constitutional system they were based to draft their constitution. This paper aims at providing, through a comparative methodology, how it is regulated by the constitution the relationship between the state and the religion. The object of this study are the constitutions of Italy as a nation with catholic religious tradition, Greece as a nation with orthodox religion tradition, and Turkey as a nation which represents Muslim religion, while Albania as a nation known for its religious plurality. In particular, the analysis will be focused on the secular or religious principle provided in the constitution of each respective state. This comparative overview intends to discern which of the states analyzed is more tolerant and fully respects the freedom of religion. It results that most of the states subject of this study, despite their religious tradition have chosen the secular principle in their constitutions, but the religious freedom is differently guaranteed.

Keywords: constitution, religion, religious freedom, secular

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3300 Using the Notion of Terrorism Irrespective of the Principle of Legality While Countering Terrorism

Authors: Tugce Duygu Koksal

Abstract:

In recent years, given the fact that the acts of terrorism and the threat of the latter are taking place without any border and distinction, it has led the states to deal with the terrorism as a priority issue. More recently, as seen in different countries during state of emergency, the adoption of anti-terrorism measures motivated by the sole need of the prevention of terrorism targets directly the fundamental rights of individuals. Therefore, a contribution to the understanding of the value of the principle of legality is becoming more and more important nowadays. This paper aims to reflect the probable effects of the adoption of anti-terrorism measures regardless of the principle of legality, on the fundamental rights. In this respect, this paper will first discuss the margin of appreciation of the national authorities by countering terrorism, and then, the importance of the respect of the legality of the anti-terrorism measures will be examined in the light of actual examples. Indeed, one of the major findings of this study is the fact that the anti-terrorism laws and measures were taken in this framework must be subject to close scrutiny in democracies, which adopted the principle of the rule of law and respect human rights. Although the state's margin of appreciation in the field of counter-terrorism is broad, these measures which are based on the legitimate aim of a democracies’ legitimate right to protect itself against the activities of terrorist organizations should have the legal basis and be strictly required by the exigencies of the fight against terrorism. While combating terrorism, the legal basis shall only be achieved if the legal consequences of an individuals’ actions related to terrorism shall be clear and foreseeable by the individuals of a society. On the other hand, particularly during the state of emergency, the ambiguity of the law might be used to include a wide range of actions under acts of terrorism. This is becoming more dangerous where freedom of expression, freedom of the press, freedom of association and the right to information is in the substance of these actions. Disregarding the principle of legality is susceptible to create a chilling effect on the exercise of human rights, and therefore, the fight against terrorism can be transformed into a repressive regime on opponents. As a result, the efforts to counter terrorism of the national authorities irrespective of the principle of legality are susceptible to cause a transformation of the rule of law to a state of law which cannot be appreciated in a democratic society.

Keywords: anti-terrorism measures, chilling effect, predictability, the principle of legality, state of emergency

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3299 From Protector to Violator: Assessing State's Role in Protecting Freedom of Religion in Indonesia

Authors: Manotar Tampubolon

Abstract:

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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3298 Freedom and the Value of Games: How to Overcome the Challenges in the Gamification of Necessary Learning Tasks

Authors: Jonathan May

Abstract:

This paper argues that the value of games relates to the sensation of freedom they create, and this in turn results from their nature as voluntary, non-necessary tasks. Attempts to gamify necessary learning tasks are therefore challenged to create this sensation of freedom and so they often fail to create the pleasure and value found in traditional games. It then demonstrates a route to creating this sensation of freedom through the maximization of varied and creative solutions to such problems.

Keywords: gamification, games, philosophy of games, freedom, voluntary action, necessity, motivation, value of games

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3297 Freedom with Limitations: The Nature of Free Expression in the European Case-Law

Authors: Laszlo Vari

Abstract:

In the digital age, the spread of the mobile world and the nature of the cyberspace, offers many new opportunities for the prevalence of the fundamental right to free expression, and therefore, for free speech and freedom of the press; however, these new information communication technologies carry many new challenges. Defamation, censorship, fake news, misleading information, hate speech, breach of copyright etc., are only some of the violations, all of which can be derived from the harmful exercise of freedom of expression, all which become more salient in the internet. Here raises the question: how can we eliminate these problems, and practice our fundamental freedom rightfully? To answer this question, we should understand the elements and the characteristic of the nature of freedom of expression, and the role of the actors whose duties and responsibilities are crucial in the prevalence of this fundamental freedom. To achieve this goal, this paper will explore the European practice to understand instructions found in the case-law of the European Court of Human rights for the rightful exercise of freedom of expression.

Keywords: collision of rights, European case-law, freedom opinion and expression, media law, freedom of information, online expression

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3296 Academic Freedom Policy: A Case Study

Authors: Marlin Killen

Abstract:

The American Association of University Professors (AAUP) describes academic freedom as essential to the purposes of research and teaching. The importance of academic freedom as a bedrock foundation that supports the work of the professoriate cannot be overstated, and there have been innumerable challenges that have attempted to curtail it. These challenges come from a variety of sources that span legal, ethical, cultural, institutional, and professional perspective and are amplified by social media, traditional media, and political action efforts. Because of these challenges, the development of a comprehensive institutional policy on academic freedom that addresses the principles, practices, and appropriate responses to modern challenges can be a daunting task. This presentation will focus on a case study of a university’s effort to develop an updated, evolving policy on academic freedom that provides a framework and remedies for contemporary challenges to this critical function in higher education.

Keywords: academic freedom, academic freedom policy, higher education policy

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3295 Freedom of Information and Freedom of Expression

Authors: Amin Pashaye Amiri

Abstract:

Freedom of information, according to which the public has a right to have access to government-held information, is largely considered as a tool for improving transparency and accountability in governments, and as a requirement of self-governance and good governance. So far, more than ninety countries have recognized citizens’ right to have access to public information. This recognition often took place through the adoption of an act referred to as “freedom of information act”, “access to public records act”, and so on. A freedom of information act typically imposes a positive obligation on a government to initially and regularly release certain public information, and also obliges it to provide individuals with information they request. Such an act usually allows governmental bodies to withhold information only when it falls within a limited number of exemptions enumerated in the act such as exemptions for protecting privacy of individuals and protecting national security. Some steps have been taken at the national and international level towards the recognition of freedom of information as a human right. Freedom of information was recognized in a few countries as a part of freedom of expression, and therefore, as a human right. Freedom of information was also recognized by some international bodies as a human right. The Inter-American Court of Human Rights ruled in 2006 that Article 13 of the American Convention on Human Rights, which concerns the human right to freedom of expression, protects the right of all people to request access to government information. The European Court of Human Rights has recently taken a considerable step towards recognizing freedom of information as a human right. However, in spite of the measures that have been taken, public access to government information is not yet widely accepted as an international human right. The paper will consider the degree to which freedom of information has been recognized as a human right, and study the possibility of widespread recognition of such a human right in the future. It will also examine the possible benefits of such recognition for the development of the human right to free expression.

Keywords: freedom of information, freedom of expression, human rights, government information

Procedia PDF Downloads 511
3294 Impact of Flexibility on Residential Buildings in Egypt

Authors: Aly Mohamed El Husseiny, Azza Ezz Abdelkader

Abstract:

There is a critical thin line between freedom of choice and randomness. The distance between imagination and perception and between perception and execution varies depending on numerous factors. While in developed areas residents have the opportunity and abilities to build flexible homes, residents in developing areas create their own dwellings in informal settlements, even though none of them is comfortable at home in the long run. This paper explores three factors: What residents really need, what they do with limited flexibility, and what they do when there are no limits, as in the case of informal settlements. This paper studies alteration to residential buildings and how they connect to the changes in people’s lifecycle in all past cases. This study also examines all approaches to flexibility, focusing on a social approach. The results of this study are based on three practical studies: Interviews with residents in an informal settlement (Eshash Mahfouz in Minya in Egypt), a civil study of buildings in a middle-class district, and a survey of residents from many countries, including Egypt, and interviews with a number of them to determine residents’ needs and the extent of renovations they made or would like to make to their homes.

Keywords: flexibility, housing, freedom of choice, social, changes, residents

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3293 E-Consumers’ Attribute Non-Attendance Switching Behavior: Effect of Providing Information on Attributes

Authors: Leonard Maaya, Michel Meulders, Martina Vandebroek

Abstract:

Discrete Choice Experiments (DCE) are used to investigate how product attributes affect decision-makers’ choices. In DCEs, choice situations consisting of several alternatives are presented from which choice-makers select the preferred alternative. Standard multinomial logit models based on random utility theory can be used to estimate the utilities for the attributes. The overarching principle in these models is that respondents understand and use all the attributes when making choices. However, studies suggest that respondents sometimes ignore some attributes (commonly referred to as Attribute Non-Attendance/ANA). The choice modeling literature presents ANA as a static process, i.e., respondents’ ANA behavior does not change throughout the experiment. However, respondents may ignore attributes due to changing factors like availability of information on attributes, learning/fatigue in experiments, etc. We develop a dynamic mixture latent Markov model to model changes in ANA when information on attributes is provided. The model is illustrated on e-consumers’ webshop choices. The results indicate that the dynamic ANA model describes the behavioral changes better than modeling the impact of information using changes in parameters. Further, we find that providing information on attributes leads to an increase in the attendance probabilities for the investigated attributes.

Keywords: choice models, discrete choice experiments, dynamic models, e-commerce, statistical modeling

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3292 Tunnelling Concepts in Overstressed Weak Rocks

Authors: Entfellner Manuel, Wannenmacher Helmut, Reisenbauer Josef, Schubert Wulf

Abstract:

When tunnelling in overstressed weak rocks ("squeezing ground"), two basic design approaches are available: the resistance principle, and the yielding principle. The resistance principle relies on rigid support systems to withstand the ground pressure. Alternatively, the yielding principle prioritizes controlled deformation, allowing the ground to deform without compromising tunnel integrity. This paper highlights the beneficial factors of the yielding principle for conventionally excavated tunnels in overstressed weak rocks. Especially the application of a ductile shotcrete lining with yielding elements is analysed in detail. Construction costs, safety, short- and long-term stabilities are discussed.

Keywords: squeezing ground, yielding principle, yielding element, conventional tunneling

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3291 Early Modern Controversies of Mobility within the Spanish Empire: Francisco De Vitoria and the Peaceful Right to Travel

Authors: Beatriz Salamanca

Abstract:

In his public lecture ‘On the American Indians’ given at the University of Salamanca in 1538-39, Francisco de Vitoria presented an unsettling defense of freedom of movement, arguing that the Spanish had the right to travel and dwell in the New World, since it was considered part of the law of nations [ius gentium] that men enjoyed free mutual intercourse anywhere they went. The principle of freedom of movement brought hopeful expectations, promising to bring mankind together and strengthen the ties of fraternity. However, it led to polemical situations when those whose mobility was in question represented a harmful threat or was for some reason undesired. In this context, Vitoria’s argument has been seen on multiple occasions as a justification of the expansion of the Spanish empire. In order to examine the meaning of Vitoria’s defense of free mobility, a more detailed look at Vitoria’s text is required, together with the study of some of his earliest works, among them, his commentaries on Thomas Aquinas’s Summa Theologiae, where he presented relevant insights on the idea of the law of nations. In addition, it is necessary to place Vitoria’s work in the context of the intellectual tradition he belonged to and the responses he obtained from some of his contemporaries who were concerned with similar issues. The claim of this research is that the Spanish right to travel advocated by Vitoria was not intended to be interpreted in absolute terms, for it had to serve the purpose of bringing peace and unity among men, and could not contradict natural law. In addition, Vitoria explicitly observed that the right to travel was only valid if the Spaniards caused no harm, a condition that has been underestimated by his critics. Therefore, Vitoria’s legacy is of enormous value as it initiated a long lasting discussion regarding the question of the grounds under which human mobility could be restricted. Again, under Vitoria’s argument it was clear that this freedom was not absolute, but the controversial nature of his defense of Spanish mobility demonstrates how difficult it was and still is to address the issue of the circulation of peoples across frontiers, and shows the significance of this discussion in today’s globalized world, where the rights and wrongs of notions like immigration, international trade or foreign intervention still lack sufficient consensus. This inquiry about Vitoria’s defense of the principle of freedom of movement is being placed here against the background of the history of political thought, political theory, international law, and international relations, following the methodological framework of contextual history of the ‘Cambridge School’.

Keywords: Francisco de Vitoria, freedom of movement, law of nations, ius gentium, Spanish empire

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3290 Challenges to Press Freedom in Pakistan

Authors: Awais Ahmad

Abstract:

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

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

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3289 The Dialectic of Law and Politics for George Friedrich Wilhelm Hegel

Authors: Djehich Mohamed Yousri

Abstract:

This paper aims to address the dialectic of law and politics in the philosophy of the state of the philosopher Hegel by addressing the concept of law, which refers to its general meaning to the set of rules and legislation that man sets to apply them within society, as it is considered one of the primary and necessary conditions for the functioning of And organizing social life, when it defines the rights and duties of every individual belonging to the state, by approaching it with central concepts in political philosophy, such as the state, freedom and the people. The most prominent result that we reached through our analysis of the details of the problematic research is the relationship between law and politics in the philosophical system of Hegel; on the one hand, We find that the state is rational only to the extent that it resorts to the law and works under it, and the latter does not realize its essence and effectiveness unless it is extracted from the customs, traditions, and culture of the people so that it does not conflict with the ideal goal of its existence, which is to achieve freedom and protect it from all possible. A state does not mean at all to reduce the freedom of the people, so there is no conflict between law and freedom.

Keywords: hegel, the law, country, freedom, citizen

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3288 The Ordinary Way of the Appeal in Penalty Part

Authors: Abdelkadir Elhaouari

Abstract:

The priciest thing in human life since his birth is his freedom, basing on this idea, the conflict exists till now, the fight against oppression, injustice, tyranny and slavery, searching for freedom and political resistances, and this makes the freedom is deeply related to the defense for its existence all over years. This project attempts using any way to preserve this freedom, and building and maintaining bases and rules to organize this life. Appeal is a one of the most important method that human uses to protect his freedom, and we will mention in this thesis our attempt to clarify this aspect to the individual. We can say that the law does not know just one color or one logic, and is not based on one rule to be taken by heart, but the law is neutrality, the diversity, abstraction and diligence diversity. The penal law is a valued law and it deserves to be studied and searched more… so that to attempt to master it. Our thesis is just a brief explanation of an important point in this law, where we attempt to clarify and simplify the image to the normal person, so that he can preserve his rights, and we hope that we had succeeded to choose the right topic for that.

Keywords: appeal, penalization, judgement, criminal

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3287 Ambiguity in Anti-conversion Laws in the Indian States – A Limitation to the Freedom of Religion Guaranteed under the Constitution of India

Authors: Roy Alex, Dr. Shampa I Dev

Abstract:

Abstract Nine out of twenty-eight states in India have enacted anti-conversion laws to regulate religious conversions by use of force, allurement, inducement, or fraudulent means. The vagueness of the definitions of the terms used in these laws makes them inconsistent with the provisions of the right to freedom of religion guaranteed by the Constitution. It is a critical question whether these laws protect the religious freedom of groups that are “vulnerable” to missionary inducements, or are they restricting the freedom of citizens to propagate their religion to others or change their religious identity? This article looks into the constitutionality of the anti-conversion laws passed in the Indian States and argues that these laws limit the freedom of religion guaranteed under Article 25 of the Constitution of India. The ambiguity in the anti-conversion laws passed in various states of India is brought out by critically analyzing multiple cases charged under anti-conversion laws.

Keywords: Freedom of Religion, Anti-conversion Laws, allurement, inducement, and fraudulent means.

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3286 The Impact of Financial News and Press Freedom on Abnormal Returns around Earnings Announcements in Greater China

Authors: Yu-Chen Wei, Yang-Cheng Lu, I-Chi Lin

Abstract:

This study examines the impacts of news sentiment and press freedom on abnormal returns during the earnings announcement in greater China including the Shanghai, Shenzhen and Taiwan stock markets. The news sentiment ratio is calculated by using the content analysis of semantic orientation. The empirical results show that news released prior to the event date may decrease the cumulative abnormal returns prior to the earnings announcement regardless of whether it is released in China or Taiwan. By contrast, companies with optimistic financial news may increase the cumulative abnormal returns during the announcement date. Furthermore, the difference in terms of press freedom is considered in greater China to compare the impact of press freedom on abnormal returns. The findings show that, the freer the press is, the more negatively significant will be the impact of news on the abnormal returns, which means that the press freedom may decrease the ability of the news to impact the abnormal returns. The intuition is that investors may receive alternative news related to each company in the market with greater press freedom, which proves the efficiency of the market and reduces the possible excess returns.

Keywords: news, press freedom, Greater China, earnings announcement, abnormal returns

Procedia PDF Downloads 364
3285 Sustainable Development: The Human Rights Approach to Environmental Protection in South Africa

Authors: CM van der Bank, Marjoné van der Bank

Abstract:

International and domestic environmental law has evolved quite rapidly in the last few decades. At the international level the Stockholm and Rio Declarations paved the way for a broad based consensus of the international community on environmental issues and principles. At the Domestic level also many states have incorporated environmental protection in their constitutions and even more states are doing the same at least in their domestic legislations. In this process of evolution environmental law has unleashed a number of novel principles such as; the participatory principle, the polluter pays principle, the precautionary principle, the inter-generational and intra-generational principles, the prevention principle, the sustainable development principle and so on.

Keywords: environment, human rights, international law, protection

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3284 The Standard of Best Interest of the Child in Custody Adjudication under the Malaysian Laws

Authors: Roslina Che Soh

Abstract:

Best interest of the child has been the prevailing principle of the custody legislations of most nations in the world. The tremendous shift from parental rights to parental responsibilities throughout the centuries had made the principle of best interests of the child as the utmost matter which parents must uphold in child upbringing. Despite the commitment to this principle is significantly enshrined in the United Nation Convention on Rights of the Child, the content and application of the principle differs across borders. Differences persist notwithstanding many countries have experienced a substantial shift over the last several decades in the types of custodial arrangements that are thought to best serve children’s interests. The laws in Malaysia similarly uphold this principle but do not provide further deliberation on the principle itself. The principle is entirely developed by the courts through decided cases. Thus, this paper seeks to discuss the extent of the application of best interest of the child principle in custody disputes. In doing so, it attempts to provide an overview of the current laws and the approach of the Civil and the Shariah courts in Malaysia in applying the principle in determining custody disputes. For purposes of comparison, it briefly examines the legislations and the courts practices in Australia and England on this matter. The purpose is to determine the best standard to be adopted by Malaysia and to propose improvement to the laws whenever appropriate.

Keywords: child custody, best interest, Malaysian law, bioinformatics, biomedicine

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3283 Pro Life-Pro Choice Debate: Looking through the Prism of Abortion Right in the Indian Context

Authors: Satabdi Das

Abstract:

Background:The abortion debate has polarized women, pitting them against each other in the binary of pro-choice and pro-life. While the followers of pro-choice views the right to an abortion as inherent to a women's right to sovereignty, the latter believes that it is unethical to kill a unborn baby as it is in a way denying the foetus' right to life. So there are innumerable arguments and counter arguments without hyphenation and the dilemma remains that which one is more significant – the mother's right to terminate pregnancy or the foetus' right to life. This pro-life and pro-choice debate has an western root which is more about reproductive freedom. But the Western standard of looking at abortion debate is not fully relevant in the Indian context. The situation is entirely different here. Sex selective foeticide is a social ill in India which cannot be explained through the prism of abortion debate only. It must take into account the problems of forced female foeticide. Objectives: Against this backdrop the study sheds light on the following issues: -How the Reproductive debate has been evolved? -How it is relevant in the Indian Context where female foeticide is a harsh reality? -How one should address the dilemma between life and death in the context of pro life-pro choice debate? Methodology: The study employs historical analytical and descriptive analytical methods and uses primary documents like governmental documents and secondary sources like analytical articles in books, journals, and relevant websites. Findings: -Fertility control is not a modern day phenomenon. It has its roots throughout ancient, medieval and present epochs. However, there existed debates over the rights of the foetus and the question of ethics pertaining to the act of abortion. -Pre-natal sex determination for sex selective abortion is a common phenomenon in India because of the wish for male heirs. The cultural preferences for male child over female ones have resulted in the disappearance of girl children. -When does the life begin has not been recognized by any law. Considering Indian case, it can be said that the Pro life/ pro choice is not that relevant as it is in the US. Here the women are often denied the basic human rights. They are murdered at the womb in many places. Their right to lives are jeopardised in that way. In the liberal abortion regime of India, women's choice to end a pregnancy is limited among very few enlightened families. In many cases, it is the decision of the family to end a pregnancy for boy preference. For that pre natal sex determination plays a crucial role. Conclusion: In India, we can be pro life only when the right to life of the unborn can be secured irrespective of its sex. Similarly we belong to pro-choice group only when the choice to terminate a baby is entirely decided by the mother for her own reasons.

Keywords: female foeticide, India, prolife/pro choice, right to abortion

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3282 Freedom of Expression and Its Restriction in Audiovisual Media

Authors: Sevil Yildiz

Abstract:

Audio visual communication is a type of collective expression. Collective expression activity informs the masses, gives direction to opinions and establishes public opinion. Due to these characteristics, audio visual communication must be subjected to special restrictions. This has been stipulated in both the Constitution and the European Human Rights Agreement. This paper aims to review freedom of expression and its restriction in audio visual media. For this purpose, the authorisation of the Radio and Television Supreme Council to impose sanctions as an independent administrative authority empowered to regulate the field of audio visual communication has been reviewed with regard to freedom of expression and its limits.

Keywords: audio visual media, freedom of expression, its limits, radio and television supreme council

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3281 Freedom of Speech, Dissent and the Right to be Governed By Consensus are Inherent Rights Under Classical Islamic Law

Authors: Ziyad Motala

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It is often proclaimed by leasers in Muslim majority countries that Islamic Law does not permit dissent against a ruler. This paper will evaluate and discuss freedom of speech and dissent as found in concrete prophetic examples during the time of the Prophet Muhammad. It will further look at the examples and practices during the time of the four Noble Caliphs, the immediate successors to the Prophet Muhammad. It will argue that the positivist position of absolute obedience to a ruler is inconsistent with the prophetic tradition. The examples of the Prophet and his immediate four successors (whose lessons Sunni Islam considers to be a source of Islamic Law) demonstrates among the earliest example of freedom of speech and dissent in human history. That tradition frowned upon an inert and uninvolved citizenry. It will conclude with lessons for modern day Muslim majority countries arguing with empirical evidence that freedom of speech, dissent and the right to be governed by consensus versus coercion are fundamental requisites of Islamic law.

Keywords: islamic law, demoracy, freedom of speech, right to dissent

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3280 Introducing the Accounting Reform of Public Finance in the Czech Republic

Authors: M. Otrusinova, E. Pastuszkova

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The article is addressing the currently ongoing reform processes of transforming the public finance accounting based on cash flow principle to accrual principle. The presented analysis concerns the issues associated with the introduction of the state accounting from the perspective of municipal employees in compiling the opinions of financial experts in conditions of the Czech Republic. The aim of this paper is to present outcomes of analysis focused on currently discussed topics which are related to introducing the accrual principle into accounting of selected entities, especially municipalities and municipality-funded institutions. The output of the paper consists of comparing the application of the accrual principle in the financial reporting of municipalities in the Czech Republic and Slovakia. In conclusion and based on the survey, respondents from Slovak municipalities that have already adopted the accrual accounting principle show better opinion than Czech municipalities.

Keywords: accrual principle, accounting, accounting reform, Czech Republic, municipalities, public finance

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3279 Optimization of the Measure of Compromise as a Version of Sorites Paradox

Authors: Aleksandar Hatzivelkos

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The term ”compromise” is mostly used casually within the social choice theory. It is usually used as a mere result of the social choice function, and this omits its deeper meaning and ramifications. This paper is based on a mathematical model for the description of a compromise as a version of the Sorites paradox. It introduces a formal definition of d-measure of divergence from a compromise and models a notion of compromise that is often used only colloquially. Such a model for vagueness phenomenon, which lies at the core of the notion of compromise enables the introduction of new mathematical structures. In order to maximize compromise, different methods can be used. In this paper, we explore properties of a social welfare function TdM (from Total d-Measure), which is defined as a function which minimizes the total sum of d-measures of divergence over all possible linear orderings. We prove that TdM satisfy strict Pareto principle and behaves well asymptotically. Furthermore, we show that for certain domain restrictions, TdM satisfy positive responsiveness and IIIA (intense independence of irrelevant alternatives) thus being equivalent to Borda count on such domain restriction. This result gives new opportunities in social choice, especially when there is an emphasis on compromise in the decision-making process.

Keywords: borda count, compromise, measure of divergence, minimization

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3278 Factors That Influence Choice of Walking Mode in Work Trips: Case Study of Rasht, Iran

Authors: Nima Safaei, Arezoo Masoud, Babak Safaei

Abstract:

In recent years, there has been a growing emphasis on the role of urban planning in walking capability and the effects of individual and socioeconomic factors on the physical activity levels of city dwellers. Although considerable number of studies are conducted about walkability and for identifying the effective factors in walking mode choice in developed countries, to our best knowledge, literature lacks in the study of factors affecting choice of walking mode in developing countries. Due to the high importance of health aspects of human societies and in order to make insights and incentives for reducing traffic during rush hours, many researchers and policy makers in the field of transportation planning have devoted much attention to walkability studies; they have tried to improve the effective factors in the choice of walking mode in city neighborhoods. In this study, effective factors in walkability that have proven to have significant impact on the choice of walking mode, are studied at the same time in work trips. The data for the study is collected from the employees in their workplaces by well-instructed people using questionnaires; the statistical population of the study consists of 117 employed people who commute daily from work to home in Rasht city of Iran during the beginning of spring 2015. Results of the study which are found through the linear regression modeling, show that people who do not have freedom of choice for choosing their living locations and need to be present at their workplaces in certain hours have lower levels of walking. Additionally, unlike some of the previous studies which were conducted in developed countries, coincidental effects of Body Mass Index (BMI) and the income level of employees, do not have a significant effect on the walking level in work travels.

Keywords: BMI, linear regression, transportation, walking, work trips

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3277 Reminiscence Bump in Autobiographical Memory of Freedom Fighters in Bangladesh

Authors: Eamin Zahan Heanoy, Asheek Mohammad Shimul

Abstract:

The purpose of the present study was to address theoretical issues of reminiscence bump in autobiographical memory using the freedom fighters of Bangladesh as participants. It was assumed that they had a lot of negative memories during the liberation war in 1971 and those events would reflect the construction of reminiscence bump. Three hundred and twenty (320) freedom fighters were selected using mixed method (purposive and random) sampling technique. The freedom fighters were taken from 10 randomly chosen districts of 64. The participants recalled and dated autobiographical memories from across the lifespan. The age of the participants was between 50 to 80+ years. Memories were encoded at the time of the age when the events occurred. As expected the reminiscence bump, preferential recall of memories from second and third decade was observed. Results indicate that the bump for the participants was found 16 to 26 years. And most remarkably, they recalled most of the memories from 1971, the liberation war. Different retrieval curve has been found for male and female participants. The results have been discussed in the light of recent developments in reminiscence bump research.

Keywords: autobiographical memory, freedom fighters, liberation war, reminiscence bump

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3276 The Language Use of Middle Eastern Freedom Activists' Speeches: A Gender Perspective

Authors: Sulistyaningtyas

Abstract:

Examining the role of Middle Eastern freedom activists’ speech based on gender perspective is considered noteworthy because the society in the Middle East is patriarchal. This research aims to examine the language use of the Middle Eastern freedom activists’ speeches through gender perspective. The data sources are from male and female Middle Eastern freedom activists’ speech videos. In analyzing the data, the theories employed are about Language Style from Gender Perspective and The Language for Speech. The result reveals that there are sets of spoken language differences between male and female speakers. In using the language for speech, both male and female speakers produce metaphor, euphemism, the ‘rule of three’, parallelism, and pronouns in random frequency of production, which cannot be separated by genders. Moreover, it cannot be concluded that one gender is more potential than the other to influence the audience in delivering speech. There are other factors, particularly non-verbal factors, existing to give impacts on how a speech can influence the audience.

Keywords: gender perspective, language use, Middle Eastern freedom activists, speech

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3275 Freedom of Speech and Involvement in Hatred Speech on Social Media Networks

Authors: Sara Chinnasamy, Michelle Gun, M. Adnan Hashim

Abstract:

Federal Constitution guarantees Malaysians the right to free speech and expression; yet hatred speech can be commonly found on social media platforms such as Facebook, Twitter, and Instagram. In Malaysia social media sphere, most hatred speech involves religion, race and politics. Recent cases of racial attacks on social media have created social tensions among Malaysians. Many Malaysians always argue on their rights to freedom of speech. However, there are laws that limit their expression to the public and protecting social media users from being a victim of hate speech. This paper aims to explore the attitude and involvement of Malaysian netizens towards freedom of speech and hatred speech on social media. It also examines the relationship between involvement in hatred speech among Malaysian netizens and attitude towards freedom of speech. For most Malaysians, practicing total freedom of speech in the open is unthinkable. As a result, the best channel to articulate their feelings and opinions liberally is the internet. With the advent of the internet medium, more and more Malaysians are conveying their viewpoints using the various internet channels although sensitivity of the audience is seldom taken into account. Consequently, this situation has led to pockets of social disharmony among the citizens. Although this unhealthy activity is denounced by the authority, netizens are generally of the view that they have the right to write anything they want. Using the quantitative method, survey was conducted among Malaysians aged between 18 and 50 years who are active social media users. Results from the survey reveal that despite a weak relationship level between hatred speech involvement on social media and attitude towards freedom of speech, the association is still considerably significant. As such, it can be safely presumed that hatred speech on social media occurs due to the freedom of speech that exists by way of social media channels.

Keywords: freedom of speech, hatred speech, social media, Malaysia, netizens

Procedia PDF Downloads 414