Search results for: gender rights
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 3622

Search results for: gender rights

3382 Stakeholders Perceptions of the Linkage between Reproductive Rights and Environmental Sustainability: Environmental Mainstreaming, Injustice and Population Reductionism

Authors: Celine Delacroix

Abstract:

Analyses of global emission scenarios demonstrate that slowing population growth could lead to substantial emissions reductions and play an important role to avoid dangerous climate change. For this reason, the advancement of individual reproductive rights might represent a valid climate change mitigation and adaptation option. With this focus, we reflected on population ethics and the ethical dilemmas associated with environmental degradation and climate change. We conducted a mixed-methods qualitative data study consisting of an online survey followed by in-depth interviews with stakeholders of the reproductive health and rights and environmental sustainability movements to capture the ways in which the linkages between family planning, population growth, and environmental sustainability are perceived by these actors. We found that the multi-layered marginalization of this issue resulted in two processes, the polarization of opinions and its eschewal from the public fora through population reductionism. Our results indicate that stakeholders of the reproductive rights and environmental sustainability movements find that population size and family planning influence environmental sustainability and overwhelmingly find that the reproductive health and rights ideological framework should be integrated in a wider sustainability frame reflecting environmental considerations. This position, whilst majoritarily shared by all participants, was more likely to be adopted by stakeholders of the environmental sustainability sector than those from the reproductive health and rights sector. We conclude that these processes, taken in the context of a context of a climate emergency, threaten to weaken the reproductive health and rights movement.

Keywords: environmental sustainability, family planning, population growth, population ethics, reproductive rights

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3381 Gender Role Attitudes and Work-Life Balance among Dual-Earner Couples: A Case Study of Pakistan

Authors: Tipu Sultan

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The proposed research intends to explore the gender role attitudes and work-life balance among dual-earner couples in Pakistan. With the increase of female labor force participation in Pakistan, the trend of dual-earner couples has been increased than ever before. This new trend of dual-earner families has significantly affected the personal life of dual-earner couples. Due to major change in household structures, the traditions and the routine activities are in continuous transition. Balancing work and family life is more complex in the patriarchal society of Pakistan because of the social expectations of gender roles. A dichotomous behavioral reflection is being observed in Pakistani society. The one group of people having an egalitarian attitude are supporting the new gender roles of females, whereas the other group of people having a traditional mindset is still in the favor of patriarchy. Therefore, gender roles are re-evaluated, and it would be more interesting to raise questions on the interplay of new gender roles and work-life balance among dual-earners. The semi-structured interview guide will be utilized to explore gender role attitudes, ideal and in-practice gender roles, experiences of work-life imbalances/balances, possible strategies to create a balance between work and family life among dual-earner couples.

Keywords: dual-earner couples, gender role attitudes, Pakistan, work-life balance

Procedia PDF Downloads 125
3380 Banning Gender: Movements to Suppress Gender Studies in the U.S. and Global Contexts

Authors: Tracey Jean Boisseau

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In the United States and around the world, we see liberal democracies attacked, from within and without, on a number of grounds. One of the primary assaults on the liberal ideology of feminism has been to ban or severely curtail the teaching of and scholarship on gender as constructed rather than as a biological and binarist component of human identity. On every continent, women’s and gender studies at the university level have become targets of rightwing movements aligning with authoritarian regimes to suppress queer and trans people as well as feminist scholars and academics who define gender as fluid, contingent on culture, and as reflective of a political commitment rather than timeless, sacred, natural, biological, or god-given. Rightwing movements calling for an end to gender studies have put already-marginalized academic and scholarly projects under new scrutiny, in some cases resulting in the dismantlement of long-standing women’s and gender studies programs. This paper evaluates the cross-cultural effects such movements have had on our discipline worldwide and documents the strategic responses engaged in by gender studies scholars and leaders to resist the erasure of our field. Evidence is drawn from surveys of thousands of programs and dozens of interviews conducted in the past year with gender studies scholars, administrators, and practitioners. This paper’s main objective is to highlight the international linkages between movements aiming to suppress or erase gender studies as a field of research and teaching and to identify collaborative responses and promising solutions that can protect our discipline from these assaults.

Keywords: anti-feminist, anti-LGBTQ, authoritarianism, movements, gender studies, globalization

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3379 Socio-Cultural and Religious Contributions to Gender Wage Gap: A Meta-Analysis

Authors: R. Alothaim, T. Mishra

Abstract:

Different researchers have reviewed the gender wage gap since early days between women and men to point out their difference to help bring about equality in production among them. Many fingers have been pointed out towards culture and religion as one of the major factors contributing to the gender wage gap throughout the years passed. Recent research has been done to give out equalization to this gap between men and women. The gender wage gap has raised serious concerns among nations and societies. Additionally, data, methodology and time periods have been affected by the gender wage gap, thus needing special decision making to help in the meta-study in the provision of quantitative review. Quality indicators have played a crucial role towards the education through stressing on enough consideration to help give a solution of equality and worth in the research study. The different research reviewed have given enough evidence and impact to point out that the major causes of this gender wage gap has resulted due to culture. On the other pedestal, religion may play a role to the issues of gender wage gap but with more emphasis on culture playing the bigger part. Furthermore, social status of individual has contributed to the wage gap difference between men and women. Labor market has played a vital role in empowering women, leading to the lower rate of the raw wage difference in the recent years.

Keywords: culture, gender wage gap, social, religion

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3378 Gender Differences in E-Society: The Case of Slovenia

Authors: Mitja Dečman

Abstract:

The ever-increasing presence and use of information and communication technology (ICT) influences the different social relationships of today's society. Gender differences are especially important from the viewpoint of modern society since ICT can either deepen the existing inequalities or diminish them. In a developed Western world, gender equality has been a well-focused area for decades in many parts of society including education, employment or politics and has led to a decrease in the inequality of women and men in these and other areas. The area of digital equality, or inequality for that matter, is one of the areas where gender differences still exist in many countries of the world. The research presented in this paper focuses on Slovenia, one of the smallest EU member states, being an average achiever in the area of e-society according to the many different European benchmarking indexes. On the other hand, Slovenia is working in an alignment with many European gender equality guidelines and showing good results. The results of our research are based on the analysis of survey data from 2014 to 2017 dealing with Slovenian citizens and their households and the use of ICT. Considering gender issues, the synthesis showed that cultural differences influence some measured ICT indicators but on the other hand the differences are low and only sometimes statistically significant.

Keywords: digital divide, gender inequality, Slovenia, e-society

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3377 Study on Gender Mainstreaming: The Case Study of a Rural University in Limpopo Province, South Africa

Authors: Tsoaledi D. Thobejane, Barnabas C. Okere

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Gender mainstreaming has been adopted as a strategy for promoting gender equality in institutions of higher learning Worldwide, not least in Africa. This study investigated Gender Mainstreaming at the University of Venda, in Limpopo Province, South Africa. The study was based on the Feminist Theoretical Framework. Both qualitative and quantitative approaches were used. A case study research design was adopted. The study involved a population of 60 participants and a sample of 25 male and female workers selected using the purposive sampling technique. Data were presented in pie charts, tables, themes and in textual forms. Data were analysed through descriptive statistics and thematic analysis. The major findings and conclusions of the study were that the University of Venda faces enormous challenges in mainstreaming gender in the university functions. There are perceptions that most strategic higher positions in the institution are dominated by men while women are marginalized. Although the University has policies on gender, staff members do not know about them while management does not implement its policies. University of Venda makes use of the Employment Equity Act of 1998, but it is not clear whether line managers are aware of its implementation and how. In addition, favouritism, nepotism, patronage, and patriarchy played a role in gender mainstreaming. The study recommended that there should be more gender awareness activities, such as workshops, conferences, and symposia for workers and staff members in order to sensitize them about gender towards understanding. The study also recommended that deserving female staff members should be promoted, and all employees should be encouraged to read and understand gender policies. In addition, management should implement the institutions and national gender policies without fear or favour.

Keywords: gender mainstreaming, gender equality, institutions, representation

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3376 3D Reconstruction of Human Body Based on Gender Classification

Authors: Jiahe Liu, Hongyang Yu, Feng Qian, Miao Luo

Abstract:

SMPL-X was a powerful parametric human body model that included male, neutral, and female models, with significant gender differences between these three models. During the process of 3D human body reconstruction, the correct selection of standard templates was crucial for obtaining accurate results. To address this issue, we developed an efficient gender classification algorithm to automatically select the appropriate template for 3D human body reconstruction. The key to this gender classification algorithm was the precise analysis of human body features. By using the SMPL-X model, the algorithm could detect and identify gender features of the human body, thereby determining which standard template should be used. The accuracy of this algorithm made the 3D reconstruction process more accurate and reliable, as it could adjust model parameters based on individual gender differences. SMPL-X and the related gender classification algorithm have brought important advancements to the field of 3D human body reconstruction. By accurately selecting standard templates, they have improved the accuracy of reconstruction and have broad potential in various application fields. These technologies continue to drive the development of the 3D reconstruction field, providing us with more realistic and accurate human body models.

Keywords: gender classification, joint detection, SMPL-X, 3D reconstruction

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3375 Meaningfulness of Right to Life in Holy Quran

Authors: Masoud Raei, Mohammadmahdi Sadeghi

Abstract:

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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3374 Economic and Social Well-Being for Migrant Workers: Asian Experiences

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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3373 Reshaping Male Masculinity to Combat Gender-Based Violence and Foster Gender Equality in West Africa: A Case Study of the Lagos State Domestic and Sexual Violence Agency Kings Club

Authors: Lola Vivour-Adeniyi, Oluwatoyosi Abikoye

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Gender-Based Violence has persistently been an enduring epidemic rooted in various homes and cultures worldwide throughout history. Despite numerous multifaceted approaches aiming to eliminate gender disparity by empowering girls with independent, survival, or entrepreneurial skills, positive transformation efforts for boys are often neglected. This gap, particularly in West Africa, hinders the reshaping of generational perceptions of men's roles in eradicating all forms of violence against women, creating an imbalance in providing holistic, sustainable solutions in our society. In response to this, the Lagos State Domestic and Sexual Violence Agency established the Kings Club initiative in 2018 in Lagos, Nigeria, aligning with UN SDG 5 on 'gender equality and the empowerment of all women and girls.' This initiative aims to debunk sociocultural misconceptions, educate on sexual and Gender Violence issues, and promote positive masculinity among schoolboys. The objective is to foster a balance in the behavioral and attitudinal mindsets of young boys, contributing to the success of an equitable society for all in the eradication of gender disparity. The ongoing project demonstrates an annual 89% success rate in behavioral and attitudinal mindset shifts among schoolboys by employing qualitative assessments of participants aged 10–17. The paper uses data from 161 secondary school students drawn from 15 schools in Lagos State Education District 6, exposed to modules on Sexual and Reproductive Rights and Health, Masculinity, Sexual and Gender-Based Violence, Anger Management, and transitioning from boy to man in a 6-week program, with observations and feedback analyses. The paper evaluates changes in attitudes, behaviors, and gender role perceptions among the boys who are now pioneers of the Kings' Club in their respective schools, serving as positive influencers among their peers in schools and at home. The paper's findings provide a nuanced understanding of cultural dynamics shaping male masculinity in West Africa and offer valuable insights into the effectiveness of innovative interventions to end all forms of violence against women. In conclusion, by intentionally reshaping young boys alongside girls, who represent the future, we stand a chance to create culturally sensitive societal norms that bridge the gap of gender inequity and end all forms of violence against women. The paper posits that its outcomes hold research significance, providing targeted interventions in male masculinity in patriarchal societies.

Keywords: cultural dynamics, gender equality, gender-based violence, positive masculinity

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3372 Protection of Website Owners' Rights: Proportionality of Website Blocking in Russia and Beyond

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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3371 A Corpus-Based Diachronic Study on Indefinite Pronominal Anaphora in English

Authors: Qiong Hu

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From old English to modern English, the gender category has changed from grammatical gender system to natural gender system. The word classes that reflected gender has changed from pronouns, adjectives, and numerals in old English to only pronouns in modern English. In present-day English, the third person singular pronouns are the only paradigm that keeps an intact gender. 'He' and 'they' used as epicene pronouns are one of the two commonest phenomena of gender disagreement (the other being those against the natural gender). Considering the convenience of corpus concordance, epicene pronoun usage is selected in this study in which the anaphors are restricted to possessives (eg. his, their), and the antecedents are restricted to compound indefinite pronouns (eg. someone, somebody). Factors like writing form (eg. someone vs. some one), the semantics of the prefixes (eg. some- vs. any-), and suffixes (eg. -one vs. -body), as well as frequency, are taken into consideration. Statistics indicate that 'their' is increasingly used as the epicene pronoun compared with the decline of 'his' (when both writing forms are considered). This is influenced by social factors such as feminist movement, as well as the semantics and frequency of antecedents. Their (plural) used in anaphoric reference to various indefinite pronouns (singular in form) can also be treated as number variation in third person pronouns, and the trend that 'their' in place of his can also be treated as a change in number category. Among different candidates for the gender-neutral function, 'their' is proven to be the most promising one based on the diachronic data. This does not reject any new competitors in the future which still remains to be seen.

Keywords: language variation and change, epicene pronouns, gender, number

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3370 Autonomy in Pregnancy and Childbirth: The Next Frontier of Maternal Health Rights Advocacy

Authors: Alejandra Cardenas, Ona Flores, Fabiola Gretzinger

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Since the 1990s, legal strategies for the promotion and protection of maternal health rights have achieved significant gains. Successful litigation in courts around the world have shown that these rights can be judicially enforceable. Governments and international organizations have acknowledged the importance of a human rights-based approach to maternal mortality and morbidity, and obstetric violence has been recognized as a human rights issue. Despite the progress made, maternal mortality has worsened in some regions of the world, while progress has stagnated elsewhere, and mistreatment in maternal care is reported almost universally. In this context, issues of maternal autonomy and decision-making during pregnancy, labor, and delivery as a critical barrier to access quality maternal health have been largely overlooked. Indeed, despite the principles of autonomy and informed consent in medical interventions being well-established in international and regional norms, how they are applied particularly during childbirth and pregnancy remains underdeveloped. National and global legal standards and decisions related to maternal health were reviewed and analyzed to determine how maternal autonomy and decision-making during pregnancy, labor, and delivery have been protected (or not) by international and national courts. The results of this legal research and analysis lead to the conclusion that a few standards have been set by courts regarding pregnant people’s rights to make choices during pregnancy and birth; however, most undermine the agency of pregnant people. These decisions recognize obstetric violence and gender-based discrimination, but fail to protect pregnant people’s autonomy, privacy, and their right to informed consent. As current human rights standards stand today, maternal health is the only field in medicine and law in which informed consent can be overridden, and patients can be forced to submit to treatments against their will. Unconsented treatment and loss of agency during pregnancy and childbirth can have long-term physical and mental impacts, reduce satisfaction and trust in health systems, and may deter future health-seeking behaviors. This research proposes a path forward that focuses on the pregnant person as an independent agent, relying on the doctrine of self-determination during pregnancy and childbirth, which includes access to the necessary conditions to enable autonomy and choice throughout pregnancy and childbirth as a critical step towards our approaches to reduce maternal mortality, morbidity, and mistreatment, and realize the promise of access to quality maternal health as a human right.

Keywords: autonomy in childbirth and pregnancy, choice, informed consent, jurisprudential analysis

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3369 Rural Women in Serbia: Key Challenges in Enjoyment of Economic and Social Rights

Authors: Mirjana Dokmanovic

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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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3368 Primary Level Teachers’ Response to Gender Representation in Textbook Contents

Authors: Pragya Paneru

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This paper explores ten primary teachers’ views on gender representation in primary-level textbooks altogether. Data was collected from the teachers who taught in private schools in Kailali and Kathmandu District. This research uses a semi-structured interview method to obtain information regarding teachers’ attitudes toward gender representations in textbook content. The interview data were analysed by using critical skills of qualitative research analysis methods, as suggested by Saldana and Omasta (2018). The findings revealed that most of the teachers were unaware and regarded gender issues as insignificant to discuss in primary-level classes. Most of them responded to the questions personally and claimed that there were no gender issues in their classrooms. Some of the teachers connected gender issues with contexts other than textbook representations, such as school discrimination in the distribution of salary among male and female teachers, school practices of awarding girls rather than boys as the most disciplined students, following girls’ first rule in the assembly marching, encouraging only girls in the stage shows, and involving students in gender-specific activities such as decorating works for girls and physical tasks for boys. The interview also revealed teachers’ covert gendered attitudes in their remarks. Nevertheless, most of the teachers accepted that gender-biased contents have an impact on learners, and this problem can be solved with more gender-centred research in the education field, discussions, and training to increase awareness regarding gender issues. Agreeing with the suggestion of teachers, this paper recommends proper training and awareness regarding how to confront gender issues in textbooks.

Keywords: content analysis, gender equality, school education, critical awareness

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3367 Promoting Girls’ and Women’s Right to Education: Challenges and Strategies

Authors: Kwizera Mireille, Kharesh Ahmed Al-Khadher

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This paper explores the critical issue of girls' and women's right to education, exploring the challenges they face in accessing and benefiting from quality education. Gender disparities in education have persisted globally, hindering social progress and sustainable development. The fundamental importance of education in empowering individuals and promoting gender equality is acknowledged, making it imperative to address the disparities that hinder girls' and women's educational opportunities. The paper discusses various factors contributing to these disparities, including cultural norms(common in third-world countries), socio-economic constraints, and systemic biases. Drawing on a wide range of scholarly sources, empirical studies, and reports from international organizations, this paper highlights the broader societal benefits of educating girls and women, ranging from improved health outcomes to enhanced economic development and greater social and political participation. The paper further outlines strategies and initiatives aimed at overcoming these challenges. These include policy interventions, community-based programs, and international collaborations that work towards eliminating gender-based discrimination in educational settings. The paper emphasizes the significance of not only ensuring access but also fostering an inclusive and safe learning environment that encourages girls and women to thrive academically and personally. By analyzing successful case studies and best practices from around the world, the paper offers insights into effective approaches that can be adopted to enhance girls' and women's right to education globally. Furthermore, it emphasizes the importance of raising awareness of girl's and women's education. In conclusion, this paper underscores the urgency of prioritizing and protecting the educational rights of girls and women's right to education as a fundamental human right and catalyst for gender equality. It calls for a concerted effort from governments, NGOs, educational institutions, and society as a whole to create an equitable and empowering educational landscape that contributes to gender equality and sustainable development.

Keywords: empowerment, gender equality, inclusive education, right to education

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3366 Economic Stability and Legitimate Expectations in Foreign Investment Rights

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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3365 Global Migration and Endangered Majorities in Europe

Authors: Liav Orgad

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This article challenges one of the most fundamental propositions in the democratic theory that the majority culture is protected merely by the forces of democracy and thus needs no special legal protection. By describing changes in the patterns of migration to Europe, in the face of the European society, and in the world as a whole, the Article demonstrates that the majority culture is no longer automatically protected by the forces of democracy. It claims that the changing reality is not adequately addressed by political theory and human rights law and advances the promotion of a new concept—'cultural majority rights'.

Keywords: European migration, European demography, democratic theory, majority rights, integration

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3364 Normative Reflections on the International Court of Justice's Jurisprudence on the Protection of Human Rights in Times of War

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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3363 Domestic Violence and Wives’ Depressive Symptoms in China: The Moderating Role of Gender Ideology

Authors: Xiangmei Li

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Domestic violence (DV) victims are at a greater risk of suffering mental health problems; however, not all victims experience the same degree of depression. Women respond differently to gender inequalities based on their gender ideologies. This study explored the moderating role of gender ideology in the relation between exposure to DV and depression. Data were drawn from a sub-sample of women aged 18-60 from the Third WaveSurvey on the Social Status of Women in China (N = 10,701). The survey adopted astratified three-stage sampling design to select a representative sample of respondents from the country. Regression models were used to examine the moderating effects of gender ideology on the relation between DV and depression. Women who reported DV experience had more severe depressive symptoms after controlling for confounding social–demographic factors (β = 0.592, 95% CI: 0.489 – 0.695). Women's gender ideology moderated the association between DV severity and depression (β = -0.049, 95% CI: -0.085 – -0.013), despite being subjected to the same levels of victimization. The experience of domestic violence is a useful indicator for routine screening for depression in clinic and community settings. Interventions that aim to decrease depression caused by DV are more likely to be effective if they promote more egalitarian gender ideology to counter the mindset that a woman's role is confined to the home and a family suffers if the wife participates in the labor force.

Keywords: domestic violence against wives, depression, gender ideology, moderation

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3362 Transgenders Rights in Pakistan: From an Islamic Perspective

Authors: Zaid Haris

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Since the beginning of time, transgender people have faced difficult circumstances, particularly in Pakistan. They have experienced discrimination, physical abuse, sexual assault, and murder in their lives. In response to their complaints, the Pakistani Supreme Court established a landmark that enables them to participate in society on an equal base. As a result, transgendered people living all around Pakistan have seen their legal, political, and cultural advocacy blossom since 2009. In order to provide and defend the human rights of Pakistan's transgender persons, this paper aims to identify and analyse the constitutional and legal framework set out there. The Supreme Court's momentous decision sparked legal reform in the nation for these rights, most notably the Transgender Persons (Protection of Rights) Act of 2017, a bill that was filed in Parliament. The implementation of the rights granted to transgender people in Pakistan, whether it relates to education, health, or any other area, requires close inspection. Additionally, for society to be accepting and inclusive, a significant and radical change in behaviour is required. This paper also includes the interviews of a few transgenders from Pakistan.

Keywords: discrimination, islam, pakistan, physical abuse, sexual assault, transgenders

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3361 Harrison’s Stolen: Addressing Aboriginal and Indigenous Islanders Human Rights

Authors: M. Shukry

Abstract:

According to the United Nations Declaration of Human Rights in 1948, every human being is entitled to rights in life that should be respected by others and protected by the state and community. Such rights are inherent regardless of colour, ethnicity, gender, religion or otherwise, and it is expected that all humans alike have the right to live without discrimination of any sort. However, that has not been the case with Aborigines in Australia. Over a long period of time, the governments of the State and the Territories and the Australian Commonwealth denied the Aboriginal and Indigenous inhabitants of the Torres Strait Islands such rights. Past Australian governments set policies and laws that enabled them to forcefully remove Indigenous children from their parents, which resulted in creating lost generations living the trauma of the loss of cultural identity, alienation and even their own selfhood. Intending to reduce that population of natives and their Aboriginal culture while, on the other hand, assimilate them into mainstream society, they gave themselves the right to remove them from their families with no hope of return. That practice has led to tragic consequences due to the trauma that has affected those children, an experience that is depicted by Jane Harrison in her play Stolen. The drama is the outcome of a six-year project on lost children and which was first performed in 1997 in Melbourne. Five actors only appear on the stage, playing the role of all the different characters, whether the main protagonists or the remaining cast, present or non-present ones as voices. The play outlines the life of five children who have been taken from their parents at an early age, entailing a disastrous negative impact that differs from one to the other. Unknown to each other, what connects between them is being put in a children’s home. The purpose of this paper is to analyse the play’s text in light of the 1948 Declaration of Human Rights, using it as a lens that reflects the atrocities practiced against the Aborigines. It highlights how such practices formed an outrageous violation of those natives’ rights as human beings. Harrison’s dramatic technique in conveying the children’s experiences is through a non-linear structure, fluctuating between past and present that are linked together within each of the five characters, reflecting their suffering and pain to create an emotional link between them and the audience. Her dramatic handling of the issue by fusing tragedy with humour as well as symbolism is a successful technique in revealing the traumatic memory of those children and their present life. The play has made a difference in commencing to address the problem of the right of all children to be with their families, which renders the real meaning of having a home and an identity as people.

Keywords: aboriginal, audience, Australia, children, culture, drama, home, human rights, identity, Indigenous, Jane Harrison, memory, scenic effects, setting, stage, stage directions, Stolen, trauma

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3360 The Effectiveness of the Workers' Constitutional Rights of Citizenship as One of the Embodiments of the Democratic and Social State of the Brazilian Law

Authors: Christine S. Veviani

Abstract:

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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3359 Shocks and Flows - Employing a Difference-In-Difference Setup to Assess How Conflicts and Other Grievances Affect the Gender and Age Composition of Refugee Flows towards Europe

Authors: Christian Bruss, Simona Gamba, Davide Azzolini, Federico Podestà

Abstract:

In this paper, the authors assess the impact of different political and environmental shocks on the size and on the age and gender composition of asylum-related migration flows to Europe. With this paper, the authors contribute to the literature by looking at the impact of different political and environmental shocks on the gender and age composition of migration flows in addition to the size of these flows. Conflicting theories predict different outcomes concerning the relationship between political and environmental shocks and the migration flows composition. Analyzing the relationship between the causes of migration and the composition of migration flows could yield more insights into the mechanisms behind migration decisions. In addition, this research may contribute to better informing national authorities in charge of receiving these migrant, as women and children/the elderly require different assistance than young men. To be prepared to offer the correct services, the relevant institutions have to be aware of changes in composition based on the shock in question. The authors analyze the effect of different types of shocks on the number, the gender and age composition of first time asylum seekers originating from 154 sending countries. Among the political shocks, the authors consider: violence between combatants, violence against civilians, infringement of political rights and civil liberties, and state terror. Concerning environmental shocks, natural disasters (such as droughts, floods, epidemics, etc.) have been included. The data on asylum seekers applying to any of the 32 Schengen Area countries between 2008 and 2015 is on a monthly basis. Data on asylum applications come from Eurostat, data on shocks are retrieved from various sources: georeferenced conflict data come from the Uppsala Conflict Data Program (UCDP), data on natural disasters from the Centre for Research on the Epidemiology of Disasters (CRED), data on civil liberties and political rights from Freedom House, data on state terror from the Political Terror Scale (PTS), GDP and population data from the World Bank, and georeferenced population data from the Socioeconomic Data and Applications Center (SEDAC). The authors adopt a Difference-in-Differences identification strategy, exploiting the different timing of several kinds of shocks across countries. The highly skewed distribution of the dependent variable is taken into account by using count data models. In particular, a Zero Inflated Negative Binomial model is adopted. Preliminary results show that different shocks - such as armed conflict and epidemics - exert weak immediate effects on asylum-related migration flows and almost non-existent effects on the gender and age composition. However, this result is certainly affected by the fact that no time lags have been introduced so far. Finding the correct time lags depends on a great many variables not limited to distance alone. Therefore, finding the appropriate time lags is still a work in progress. Considering the ongoing refugee crisis, this topic is more important than ever. The authors hope that this research contributes to a less emotionally led debate.

Keywords: age, asylum, Europe, forced migration, gender

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3358 Intellectual Property Rights Applicability in the Sport Industry

Authors: Poopak Dehshahri

Abstract:

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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3357 Teacher's Gender and Primary School Pupils Achievement in Social Studies and Its Educational Implications on Pupils

Authors: Elizabeth Oyenike Abegunrin

Abstract:

This study is borne out of the dire need to improve the academic achievement of pupils in social studies. The paper attempted to reconcile the lacuna in teacher’s gender and primary school pupils’ achievement. With specific reference to Social Studies classroom, the aim of this study was to detail how pupils’ achievement is a function of the teacher’s gender as well as to establish the link (if any) between teacher’s gender and pupils’ educational achievement. The significance of this was to create gender-template standard for teachers, school owners, administrators and policy makers to follow in the course of engendering pupils’ achievement in Social Studies. By adopting a quasi-experimental research design, a sample of two hundred pupils was selected across five primary schools in Education District I, Lagos State and assigned to experimental and control groups. A 40-item Gender and Social Studies Achievement Test (GSSAT) was used to obtain data from the pupils. Having analyzed the data collected using Pearson Product Moment Correlation (PPMC), a reliability of 0.78 was obtained. Result revealed that teacher’s gender (male/female) had no significant effect on pupils’ achievement in Social Studies and that there was significant interaction effect of teacher’s commitment devoid of gender on the general education output of pupils in Social Studies. Taken together, the results revealed that there is a high degree correlation between teacher’s commitment and pupils academic achievement in social studies, and not gender-based. The study recommended that social studies teachers should re-assess their classroom instructional strategies and use more innovative instructional methods and techniques that will give the pupils equal opportunities to excel in social studies, rather than their gender differences.

Keywords: gender, academic achievement, social studies, primary school

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3356 The Essence and Attribution of Intellectual Property Rights Generated in the Digitization of Intangible Cultural Heritage

Authors: Jiarong Zhang

Abstract:

Digitizing intangible cultural heritage is a complex and comprehensive process from which sorts of intellectual property rights may be generated. Digitizing may be a repacking process of cultural heritage, which creates copyrights; recording folk songs and indigenous performances can create 'related rights'. At the same time, digitizing intangible cultural heritage may infringe the intellectual property rights of others unintentionally. Recording religious rituals of indigenous communities without authorization can violate the moral right of the ceremony participants of the community; making digital copies of rock paintings may infringe the right of reproduction. In addition, several parties are involved in the digitization process: indigenous peoples, museums, and archives can be holders of cultural heritage; companies and research institutions can be technology providers; internet platforms can be promoters and sellers; the public and groups above can be beneficiaries. When diverse intellectual property rights versus various parties, problems and disputes can arise easily. What are the types of intellectual property rights generated in the digitization process? What is the essence of these rights? Who should these rights belong to? How to use intellectual property to protect the digitalization of cultural heritage? How to avoid infringing on the intellectual property rights of others? While the digitization has been regarded as an effective approach to preserve intangible cultural heritage, related intellectual property issues have not received the attention and full discussion. Thus, parties involving in the digitization process may face intellectual property infringement lawsuits. The article will explore those problems from the intersection perspective of intellectual property law and cultural heritage. From a comparative approach, the paper will analysis related legal documents and cases, and shed some lights of those questions listed. The findings show, although there are no intellectual property laws targeting the cultural heritage in most countries, the involved stakeholders can seek protection from existing intellectual property rights following the suggestions of the article. The research will contribute to the digitization of intangible cultural heritage from a legal and policy aspect.

Keywords: copyright, digitization, intangible cultural heritage, intellectual property, Internet platforms

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3355 Comparative International Law and Feminist Legal Studies, Uniting to Make a Difference in Addressing the Disempowerment of Women

Authors: Isaac Kfir

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

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

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3354 Deconstructing the Dialectics of Gender: An Analysis of Nigerian Igbo Women's Writing

Authors: R. Vidhya

Abstract:

Nigeria, the seat of canonical literature in Africa, though widely acclaimed as the literary capital of the continent, it failed to produce women writers in its literary arena till the 1960s. Only after 1966, with the publication of the first novel by a women writer, Nigeria saw the emergence of women’s writing through which the world witnessed an upsurge in the sensitization of women’s issues in Africa. The Nigerian Igbo women’s writing threw light on gender discrimination in postcolonial Africa. Their works were instrumental in bringing a remarkable change in the perception of gender in a male dominated society. The social mindscape of the land which strongly believed that feminist ideologies could be highly detrimental to its patriarchal setup is slowly changed through the changing perspectives of gender. This paper aims to analyse the select works of Flora Nwapa, Buchi Emecheta and Chimamanda Ngozi Adichie to deconstruct the dialectics of gender, which has been realised in the works of these women writers.

Keywords: gender discrimination, Igbo women's writings, postcolonial Africa, changing perspective

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3353 Gender Differences in Adolescent Avatars: Gender Consistency and Masculinity-Femininity of Nicknames and Characters

Authors: Monika Paleczna, Małgorzata Holda

Abstract:

Choosing an avatar's gender in a computer game is one of the key elements in the process of creating an online identity. The selection of a male or female avatar can define the entirety of subsequent decisions regarding both appearance and behavior. However, when the most popular games available for the Nintendo console in 1998 were analyzed, it turned out that 41% of computer games did not have female characters. Nowadays, players create their avatars based mainly on binary gender classification, with male and female characters to choose from. The main aim of the poster is to explore gender differences in adolescent avatars. 130 adolescents aged 15-17 participated in the study. They created their avatars and then played a computer game. The creation of the avatar was based on the choice of gender, then physical and mental characteristics. Data on gender consistency (consistency between participant’s sex and gender selected for the avatar) and masculinity-femininity of avatar nicknames and appearance will be presented. The masculinity-femininity of avatar nicknames and appearance was assessed by expert raters on a very masculine to very feminine scale. Additionally, data on the relationships of the perceived levels of masculinity-femininity with hostility-friendliness and the intelligence of avatars will be shown. The dimensions of hostility-friendliness and intelligence were also assessed by expert raters on scales ranging from very hostile to very friendly and from very low intelligence to very high intelligence.

Keywords: gender, avatar, adolescence, computer games

Procedia PDF Downloads 191