Search results for: parental and inheritance rights
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 1810

Search results for: parental and inheritance rights

1720 A Study of Parental Acceptance: Avoidance Attitude and Adjustment of Urban and Rural Junior College Students

Authors: Ramesh K. Adsul, V. R. Shinde, S. S. Jadhav

Abstract:

The main aim of the present study was to explore the effect of various levels of parental acceptance – avoidance attitude on various areas of adjustment of urban and rural junior college students. It was hypothesized that 1. There exists no significant effect of various levels of parental acceptance attitude on adjustment of urban and rural junior college students. 2. There exists no significant effect of various levels of parental avoidance attitude on adjustment of urban and rural junior college students. 3. There would be no significant difference between urban and rural Junior College students on various areas of (home, health, social, and emotional) adjustment. The 847 students (427 boys and 420 girls) studying in 11th class of various Junior colleges in Sangli ,Satara and Kolhapur districts of Maharashtra State, India were selected by random sampling method. Study was conducted by using two psychological tests namely 1. Family Relationship Inventory. 2.Bell’s Adjustment Inventory. One way ANOVA was employed to find out the effect of parental acceptance – avoidance attitude and adjustment in various areas of urban and rural junior college students. ‘t’ test was used to find out the difference between urban and rural students on various areas of adjustment. The results of the study indicate that (1) It is observed that three groups of parental acceptance attitude (PA) are significantly varied on home and social adjustment. It means that PA affects home and social adjustment of adolescents. High PA creates excellent adjustment and low PA creates poor adjustment in adolescents. (2) Study revealed that PV significantly affects adjustment of adolescents. High PV significantly creates poor adjustment in adolescents than average and low PV. (3) There is significant difference between urban and rural adolescents on adjustment. Urban adolescents have better adjustment than rural adolescents.

Keywords: parental acceptance, avoidance attitude, adjustment, urban-rural student

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1719 Human Rights in Islam: A Critique on Critiques

Authors: Miftahuddin Khilji

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The concept of human right is not alien to Islam. The Shari‘ah requires all its followers the sense of responsibility to perform their duties first and then claim their rights. This eventually guarantees the protection of human rights and ensures a peaceful society. The ultimate goal of Shari‘ah is to preserve five basic necessities which are also known as Maqasid ul Shari‘ah or Objectives of Islamic Law. This goal ensures for the members of society their rights without harming public welfare. Despite of the fact that human rights have been fully guaranteed by Islam and their compliance is required by Allah Almighty; not by any legislative body or other sovereign such as kings etc. However, many western writers, organizations and so called liberal thinkers try to create concerns, doubts and misconceptions in minds of the society members. A number of issues are pointed out and people are misguided about the concept of human rights in Islam. This paper aims to discuss main the concept of human rights in the light of perfect and balanced system of laws and principles of Shari‘ah and address those misconceptions and doubts by analyzing them and answering to questions raised about the subject. It would be an effort to prove that human rights are much more significant to Shari‘ah more than any other national or international legislative body.

Keywords: human rights, Islamic law, law, Shariah

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1718 Complementary Child-Care by Grandparents: Comparisons of Zambia and the Netherlands

Authors: Francis Sichimba

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Literature has increasingly acknowledged the important role that grandparents play in child care with evidence highlighting differences in grand-parental investment between countries and cultures. However, there are very few systematic cross cultural studies on grandparents’ participation in child care. Thus, we decided to conduct this study in Zambia and the Netherlands because the two countries differ rather drastically socially and culturally. The objective of this study was to investigate grand-parental involvement in child care in Zambia and the Netherlands. In line with the general objective, four hypotheses were formulated using nationality, family size, social economic status (SES), attachment security as independent variables. The study sample consisted of 411 undergraduate students from the University of Zambia and the University of Leiden. A questionnaire was used to measure grand-parental involvement in child care. Results indicated that grandparent involvement in child care was prevalent in both Zambia and Netherlands. However, as predicted it was found that Zambian grandparents (M = 9.69, SD=2.40) provided more care for their grandchildren compared to their Dutch counterparts (M = 7.80, SD=3.31) even after controlling for parents being alive. Using hierarchical logistic regression analysis the study revealed that nationality and attachment-related avoidance were significant predictors of grand-parental involvement in child care. It was concluded that grand-parental care is a great resource in offering complementary care in both countries.

Keywords: attachment, care, grand-parenting involvement, social economic status

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1717 Adjustment of Parents of Children with Autism: A Multivariate Model

Authors: Ayelet Siman-Tov, Shlomo Kaniel

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Objectives: The research validates a multivariate model that predicts parental adjustment to coping successfully with an autistic child. The model comprises four elements: parental stress, parental resources, parental adjustment and the child's autism symptoms. Background and aims: The purpose of the current study is the construction and validation of a model for the adjustment of parents and a child with autism. The suggested model is based on theoretical views on stress and links personal resources, stress, perception, parental mental health and quality of marriage and child adjustment with autism. The family stress approach focuses on the family as a system made up of a dynamic interaction between its members, who constitute interdependent parts of the system, and thus, a change in one family member brings about changes in the processes of the entire family system. From this perspective, a rise of new demands in the family and stress in the role of one family member affects the family system as a whole. Materials and methods: 176 parents of children aged between 6 to 16 diagnosed with ASD answered several questionnaires measuring parental stress, personal resources (sense of coherence, locus of control, social support), adjustment (mental health and marriage quality) and the child's autism symptoms. Results: Path analysis showed that a sense of coherence, internal locus of control, social support and quality of marriage increase the ability to cope with the stress of parenting an autistic child. Directions for further research are suggested.

Keywords: stress, adjustment, resources, Autism, parents, coherence

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1716 The Effect of Perceived Parental Overprotection on Morality in College Students

Authors: Sunghyun Cho, Seung-Ah Lee

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Parental overprotection is known to have negative effects such as low independence, immature emotion regulation, and immoral behaviors on children’s development. This study investigated the effects of parental overprotection on Korean college students’ moral behaviors. In order to test the hypothesis that overprotected participants are more likely to show immoral behaviors in moral dilemma situations, we measured perceived parental overprotection using Korean-Parental Overprotection Scale (K-POS), Helicopter Parenting Behaviors, and Helicopter Parenting Instrument (HPI) for 200 college students. Participants’ level of morality was assessed using two types of online experimental tasks consisting of a word-searching puzzle and a visual perception task. Based on the level of perceived parental overprotection, 14 participants with high total scores in overparenting scales and 14 participants with average total scores in the scales were assigned to a high perceived overparenting student group, and control group, respectively. Results revealed that the high perceived overparenting group submitted significantly more untruthful answers compared to the control group in the visual perception task (t = 2.72, p < .05). However, there was no significant difference in immorality in the word-searching puzzle(t = 1.30, p > .05), yielding inconsistent results for the relationship between. These inconsistent results of two tasks assessing morality may be because submitting untruthful answers in the word-searching puzzle initiated a larger sense of immorality compared to the visual perception task. Thus, even the perceived overparenting participants seemingly tended not to submit immoral answers. Further implications and limitations of the study are discussed.

Keywords: college students, morality, overparenting, parental overprotection

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1715 The Constitution of Kenya, 2010, and the Feminist Legal Theory

Authors: Tecla Rita Karendi, Andy Cons Matata

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Although before and at the advent of colonial administration, several women such as Mekatilili wa Menza and Muthoni Nyanjiru took up leadership positions in resisting the colonial administration. Kenya is generally considered a patriarchal society. Many women who tried to take up positions of leadership in postcolonial Kenya, such as the Nobel Prize winner Wangari Maathai, were branded as prostitutes or generally immoral women. However, the Constitution of Kenya, 2010, has since made a huge impact not only in the area of affirmative action but also in various aspects of the feminist legal theory such as the constitutional requirement that no more than two-thirds of the members of the elective or appointive bodies should be of the same gender. This favours women who are often sidelined in elective posts such as parliament or county assemblies and state-appointed posts in the parastatals and commissions. The constitution also recognizes the right to abortion, which was outrightly outlawed in the independence constitution. Certain practices adverse to women’s health, such as wife inheritance, female genital mutilation, and property rights, are either outlawed or framed to recognized women’s rights. The education of the girl-child is also now considered a priority, unlike in the past. Despite these developments, a lot remains to be done.

Keywords: feminist legal theory, constitution of Kenya, 2010, affirmative action, leadership

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1714 Philosophical Conceptions and Contraptions of the Reality of Human Rights in Africa. The Ghanaian Reality

Authors: Michael Augustus Akagbor

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When discussing human rights, the philosophical underpinnings of discussions about African realities are controversial, often hinging on whether human rights existed in pre-colonial Africa as not just a philosophy of thought but also a way of imagining the individual's place in society. Critics have often fixated on what many argue is the lack of socio-political structures that could have fostered the emergence and development of human rights contraptions in “mechanical” solidarities such as pre-colonial agrarian African societies. This paper debunks the notion that the perceived ‘absence’ of an ‘advanced’ and differentiated social system where the philosophical imaginaries of Hobbes and Locke could have emerged is not grounds to deny the imagined place of the human rights of the ‘individual’ in pre-colonial Africa. The paper adopts the qualitative methodology by reviewing and analyzing secondary data from various sources to advance the view that the concepts of human rights are not alien to indigenous Africa’s legal and political processes.

Keywords: human rights, reality, philosophical, Africa, individual

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1713 Beyond Matchmaking: Exploring the Mechanisms from Assortative Mating to Child Aggression in a Chinese Context

Authors: Shan Jiang

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Child aggression represents a significant global issue, with its familial determinants being crucial. Family is a vital context for child development, but prior research on the impact of parental assortative mating on child aggression is limited. This study investigates the effects of assortative mating on child aggression, elucidating the mediating mechanisms involved and examining gender-specific responses, within a substantial sample of 10,570 parents and their children, grades 1-6, in Hangzhou City, Zhejiang Province, China. The findings indicate that children exhibit a significant increase in aggressive behaviors when maternal income surpasses paternal income, contrasted with families where the father's income is higher. The study identifies family communication, co-parenting quality, and parental problem-solving strategies as significant mediators in the relationship between parental income/education differences and child aggression. This research contributes to understanding the parental influence on child behavior within the family system and offers valuable implications for child protection policy and intervention strategies.

Keywords: assortative mating, aggression, children, family

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1712 Sensitivity and Commitment: A View on Parenthood in a Context of Placement Trajectory

Authors: A. De Serres-Lafontaine, S. Porlier, K. Poitras

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Introduction: Placement is, without doubt, a challenging experience for both foster children and biological parents who witness their child being removed from their care. Yet, few studies have examined parenting in such a context through critical parental skills such as parental sensitivity and commitment. Sensitivity is described as the capacity of parents to respond accurately to their child’s needs in a warm, predictable and consistent way, whereas commitment is the ability of the parent to get involved physically and emotionally in an enduring relationship with his child. The research confirms the important role of parental sensitivity and parental commitment on child development following placement in foster care. Nevertheless, these studies were mainly conducted with foster parents, and few studies have examined these components of parenthood with biological parents. Method: This study evolves in two times. At first, 17 parents participated throughout a 90-minutes interview. It allowed to collect information regarding the sociodemographic situation, contacts, placement trajectory. Parental sensitivity is observed during a supervised parent-child contact. The second time occurred one to two years later and implied an at-home 90-minutes interview where we updated the information from the first interview and were able to assess the level of parental commitment. In this ongoing part of the study, five parents have already participated in implying the rest of them remain to be interviewed in the coming months - from October through December 2018. Results: Descriptive analysis from the first part of the study suggests the examination of two groups: 11 children have been reunified whereas six are still in foster care. Qualitative analysis allows to compare themes of sensitivity and commitment regarding if the reunification project occurs or not. Preliminary analysis about thematic content shows key components of parental commitment through parent’s reveal of the way they nurture a relationship with their child. Furthermore, preliminary analysis suggests that parental sensitivity is not associated with family reunification (r = 0,11, p = 0,74). Further analysis will be assessed with the date from the second part of the study to examine the potential association between commitment and reunification. Discussion: Parental sensitivity and commitment are fundamental to the well-being of the child in a placement trajectory. They need to be understood better as two different complex concepts and as two parenting skills that might have a way of echoing to one another when engaged in a specific context. Above all, a more accurate comprehension of parenting in a placement trajectory allows to sustain adequate intervention practices for birth parents and could change the way parental adequacy is assessed when reaching for reunification.

Keywords: child welfare, foster care, intervention practices, parenthood

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1711 Association of Southeast Asian Nations Caught in between International and Regional Human Rights Frameworks: The Myanmar Rohingya Crisis

Authors: Lynamata Chhun

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Human Rights enforcement in the newly independent countries like Asian and African has always been penetrating issues. In spite, the existing of the Universal Declaration of Human Rights (UDHR), regions like Africa and Asia where values and cultural norms far differ from the concept had formed their own Human Rights instruments to tackle Human Rights issues in their regions instead of embracing the concept of UDHR completely. ASEAN Human Rights Declaration is one of the examples. This paper aims to examine the enforcement of Human Rights in South East Asia in the context of ASEAN regional integration. Precisely, the author attempts to analyse the effectiveness in undertaking Human Rights issues in the region by applying both the existing international and regional frameworks using the Myanmar Rohingya Crisis as the case study. The methodology of the paper is qualitative analysis where cross-impact analysis is employed to examine the case study. It is anticipated that the main findings of this paper will illuminate how applicable the international instruments are in comparison to the regional instruments in apprehending the human rights issues and will shed light on how ASEAN and dialogue partners should cooperate in the future regarding with the challenging issues of Human Rights in the region.

Keywords: ASEAN Human Rights Declaration, ASEAN integration, ASEAN way, international and regional instruments, Universal Declaration of Human Rights

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1710 Constructing a Grounded Theory of Parents' Musical Engagement with Their Premature Baby Contributing to Their Emerging Parental Identity in a Neonatal Unit

Authors: Elizabeth McLean, Katrina Skewes-McFerran, Grace Thompson

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Scholarship highlights the need to further examine and better understand and foster the process of becoming a parent to a premature baby in the neonatal context to support the critical development of the parent-infant relationship. Music therapy research documents significant benefits of music therapy on neonatal physiological and neurodevelopmental function, reduced maternal anxiety and validating parents’ relationship with their premature baby, yet limited studies examine the role of music in supporting parental identity. This was a multi-site study, exploring parents’ musical engagement with their hospitalised baby and parental identity in a NU. In-depth interviews with nine parents of a premature baby across varying time points in their NU journey took place. Data collection and analysis was influenced by Constructive Grounded Theory methodology. Findings in the form of a substantive grounded theory illuminated the contribution of parents’ musical engagement on their sense of parental identity in the NU. Specifically, the significance of their baby’s level and type of response during musical interactions in influencing parents’ capacity to engage in musical dialogue with their baby emerged. Specific conditions that acted as both barriers and fosters in parents’ musical engagement across a high- risk pregnancy and NU admission also emerged. Recommendations for future research into the role of music and music therapy in supporting parental coping and transition to parenthood during a high-risk pregnancy and birth and beyond the NU will be discussed.

Keywords: grounded theory, musical engagement, music therapy, parental identity

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1709 Emotional and Personal Characteristics of Children in Relation to the Parental Attitudes

Authors: Svetlana S. Saveysheva, Victoria E. Vasilenko

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The purpose of the research was to study the emotional and personal characteristics of preschool children in relation to the characteristics of child-parent interaction and deviant parental attitudes. The study involved 172 mothers and 172 children (85 boys and 87 girls) aged 4,5 to 7 years (mean age 6 years) living in St. Petersburg, Russia. Methods used were, demographic questionnaire, projective drawing method 'House-Tree-Man', Test of anxiety (Temml, Dorki, Amen), technique of studying self-esteem 'Ladder', expert evaluation of sociability and aggressiveness, questionnaire for children-parent emotional interaction (E.I. Zaharova) and questionnaire 'Analysis of family relationships' (E.G. Eidemiller, V.V. Yustitsky). Results. The greatest number of links with personal characteristics have received such parental deviant attitudes as overprotection and characteristics of authoritarian style (prohibitions, sanctions). If the mother has such peculiarities of the parental relationship, the child is characterized by lower self-esteem, increased anxiety, distrust of themselves and hostility. Children have more pronounced manifestations of aggression in a conniving and unstable style of parenting. The sensitivity of the mother is positively associated with children’s self-esteem. Unconditional acceptance of the child, the predominance of a positive emotional background, orientation to the state of the child during interaction promote the development of communication skills and reduce of aggressiveness. But the excessive closeness of the mother with the child can make it difficult to develop the communicative skills. Conclusions. The greatest influence on emotional and personal characteristics is provided by such features of the parental relation as overprotection, characteristics of authoritarian style, underdevelopment of the sphere of parental feelings, sensitivity of mother and behavioral manifestations of emotional interaction. Research is supported by RFBR №18-013-00990.

Keywords: characteristics of personality, child-parent interaction, children, deviant parental attitudes

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1708 Sexual and Reproductive Health for Women in Africa: Adopting a Human Rights Based Approach to Overcome Cultural Barriers

Authors: Seraphina Bakta

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In many societies in Africa, it is a taboo to speak, let alone to practice or in any way to engage in matters relating to sexual and reproductive health. For instance, girls using contraceptives may be labeled prostitutes, and married women using family planning methods may be divorced on account that they are disobedient to their husbands as they do not want to bear children. As such, sexual and reproductive health as a right is still very far from reality to many men and women. To a large extent, the objections are mainly backed up in culture, which is deeply rooted in many African traditions. While such culture have both the good and bad side, the African Charter on Human and Peoples Rights has identified the bad ones as’ harmful cultural practices. This paper argues that, while cultural norms may hinder the realization of human rights, adopting a human rights based approach to address harmful cultural practices is likely, the best approach to realizing women’s rights to sexual and reproductive health rights in Africa.

Keywords: rights, culture, health, women

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1707 The International Constitutional Order and Elements of Human Rights

Authors: Girma Y. Iyassu Menelik

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“The world is now like a global village!” so goes the saying that shows that due to development and technology the countries of the world are now closely linked. In the field of Human rights there is a close relationship in the way that rights are recognised and enforced. This paper will show that human rights have evolved from ancient times through important landmarks such as the Magna Carta, the French Declaration of Rights of Man and of the Citizen and the American Bill of Rights. The formation of the United Nations after the Second World War resulted in the need to codify and protect human rights. There are some rights which are so fundamental that they are found in international and continental instruments, national constitutions and domestic legislation. In the civil and political sphere they include the right to vote, to freedom of association, speech and assembly, right to life, privacy and fair trial. In the economic and social sphere you have the right to work, protection of the family, social security and rights to education, health and shelter. In some instance some rights can be suspended in times of public emergency but such derogations shall be circumscribed by the law and in most constitutions such limitations are subject to judicial review. However, some rights are so crucial that they cannot be derogated from under any circumstances and these include the right to life, recognition before the law, freedom from torture and slavery and of thought, conscience and religion. International jurisprudence has been developed to protect fundamental rights and avoid discrimination on the grounds of race, colour, sex, language or social origin. The elaborate protection system go to show that these rights have become part of the international order and they have universal application. We have now got to a stage where UDHR, ICCPR and ICESCR and have come to be regarded as part of an international bill of rights with horizontal and vertical enforcement mechanisms involving state parties, NGO’s , international bodies and other organs.

Keywords: rights, international, constitutional, state, judiciary

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1706 Securing Land Rights for Food Security in Africa: An Appraisal of Links Between Smallholders’ Land Rights and the Right to Adequate Food in Ethiopia

Authors: Husen Ahmed Tura

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There are strong links between secure land rights and food security in Africa. However, as land is owned by governments, land users do not have adequate legislative protection. This article explores normative and implementation gaps in relation to small-scale farmers’ land rights under the Ethiopia’s law. It finds that the law facilitates eviction of small-scale farmers and indigenous peoples from their land without adequate alternative means of livelihood. It argues that as access to land and other natural resources is strongly linked to the right to adequate food, Ethiopia should reform its land laws in the light of its legal obligations under international human rights law to respect, protect and fulfill the right to adequate food and ensure freedom from hunger.

Keywords: smallholder, secure land rights , food security, right to food, land grabbing, forced evictions

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1705 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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1704 The Women Entrepreneur Support Fund in Bangladesh: Challenges and Prospects

Authors: Chowdhury Dilruba Shoma

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Gender is about equal rights that both males and females having access to responsibilities and opportunities in decision making is a fundamental human right. It is also a precondition for, and a mark of, sustainable people-oriented development. In Bangladesh, women have fewer opportunities than men do to access credit from banks and financial institutions. Entrenched patriarchal attitudes, unequal inheritance rights, and male-dominated hierarchies in the financial system, plus high interest rates and a lack of security/collateral, make it harder for women to obtain bank loans. Limited access to institutional credit is a serious restraint on the productivity and income of women entrepreneurs, (and the wider economy). These gender-biased and structural barriers inhibit women’s access to fundamental economic rights. Using a liberal feminist theoretical lens, this study provides some useful insights into the relationship between gender inequality and entrepreneurship, leading to a better understanding of women’s entrepreneurship development in Bangladesh. Recently, the Bangladesh Government, the United Nations Capital Development Fund, and Bangladesh Bank opened up the Women Entrepreneur Support Fund (WESF) ‒ Credit Guarantee Scheme (CGS) pilot project to cover collateral shortfalls for women entrepreneurs in the small and medium enterprise sector. The aim is to improve gender equality and advance women’s rights in relation to receiving credit. This article examines the challenges and prospects of the WESF-CGS, and suggests that implementation of measures in WESF-CGS policymaking, coupled with a combination of legislatory and regulatory reforms that implement the fundamental tenets of liberal feminism, can lead to a comprehensive and effective credit policy to boost women’s agency and economic empowerment. This may ultimately lead to more sustainable development in Bangladesh.

Keywords: Bangladesh, credit guarantee scheme, liberal feminist theory, women entrepreneur support fund

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1703 Investigating Conflict Between Traditional Cultural Practices for Women and South African Government Laws

Authors: Hebert Sihle Ntuli

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Traditional cultural practices mirror or replicate the values and beliefs held by members of the community. Throughout the world, every social grouping has specific traditional practices, some of which are beneficial to all, while others have become harmful to specific group such as women. Like in some African states, these traditional cultural practices are performed in South Africa and are violating women’s rights. Women’s rights are human rights. The South African Constitution is one of the most progressive in the world, and notable includes the Bill of Rights which provides protection of socio-economic and cultural rights. Cultural rights are protected in Section 30 and 31 of the constitution, although such protection is not without limitation. This highly complex interplay and competition between human rights and cultural rights, which are manifested through cultural practices, is the golden thread that traces through this paper. The paper argues that there is conflict and the lack of balance between diverse cultural and legal or constitutional framework which promotes the value of human dignity and equality, especially for women. These practices are reviewed in connection with the South African government laws. This work adopted qualitative research method.

Keywords: cultural practices, conflict, South African constitution, laws

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1702 The Context of Human Rights in a Poverty-Stricken Africa: A Reflection

Authors: Ugwu Chukwuka E.

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The African context of human right instruments as recognized today can be traced to Africa’s relationship with the Western World. A significant preponderance of these instruments are found in both colonial and post colonial statutes as the colonial laws, the post colonial legal documents as constitutions or Africa’s adherence to relevant international instruments on human rights as the Universal Declaration of Human Rights (1948) and the African Charter on Human and Peoples’ Rights (1981). In spite of all these human rights instruments inherent in the African continent, it is contended in this paper that, these Western-oriented notion of human rights, emphasizes rights that hardly meets the current needs of contemporary African citizens. Adopting a historical research methodology, this study interrogates the dynamics of the African poverty context in relation to the implementation of human rights instruments in the continent. In this vein, using human rights and poverty scenarios from one Anglophone (Uganda) and one Francophone (Senegal) countries in Africa, the study hypothesized that, majority of Africans are not in a historical condition for the realization of these rights. The raison d’etre for this claim emerges from the fact that, the present generations of African hoi polloi are inundated with extensive powerlessness, ignorance, diseases, hunger and overall poverty that emasculates their interest in these rights instruments. In contrast, the few Africans who have access to the enjoyment of these rights in the continent hardly needs these instruments, as their power and resources base secures them that. The paper concludes that the stress of African states and stakeholders on African affairs should concentrated significantly, on the alleviation of the present historical poverty squalor of Africans, which when attended to, enhances the realization of human right situations in the continent.

Keywords: Africa, human rights, poverty, western world

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1701 The Relationship Between Artificial Intelligence, Data Science, and Privacy

Authors: M. Naidoo

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Artificial intelligence often requires large amounts of good quality data. Within important fields, such as healthcare, the training of AI systems predominately relies on health and personal data; however, the usage of this data is complicated by various layers of law and ethics that seek to protect individuals’ privacy rights. This research seeks to establish the challenges AI and data sciences pose to (i) informational rights, (ii) privacy rights, and (iii) data protection. To solve some of the issues presented, various methods are suggested, such as embedding values in technological development, proper balancing of rights and interests, and others.

Keywords: artificial intelligence, data science, law, policy

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1700 An Investigation into the Effect of Broken Homes on Students Academic Performance

Authors: Hafsat Mustapha Hanga

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The purpose of the this study was to investigate the effect of broken home on students' academic performance. Therefore, it focused on academic performance and Parental care of the student from and intact home from a cognitive motivational perceptive. The broken and intact home and also to find out if they differ in parental care this is done by using 376 subjects out of the population of 21,378. The sample was obtained using stratified random sampling techniques as the population contained sub-groups the study design was ex-post facto. The data was collected using 3 kind of instruments. To test the first and second hypotheses. Junior secondary school placement examination result was obtained to test the academic performance of the boys fron broken home and boys from and boys from intact home and then girl from broken home and girls from intact home.T-Test was used in the analysis of first and second hypotheses. For the third hypotheses two different kind of questionnaires were developed, the first was used to identify student that are from broken home while the second was for testing parental care between the subject. Chi-square was used to analyze the third hypotheses. Alkh the three 3 hypotheses were tested and rejected and were all in favor of student from intact home. The study found that there was a significant difference in the academic performance of the boys from brokeb and boys from intact home. When boys from intact home better then those boys from broken home. It also reveals that a student from a intact from intact home receives good parental care, love and concern than those from broken home.on the strength of these findings the need to establish an institution which will help those parent who have parenting problems was stressed and also the need to foster. Home school partnership was also stressed and advocate.

Keywords: broken homes, academic performance, parental care, foster

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1699 The Implications of Instrumental Animal Protection for the Legal and Moral Status of Animals

Authors: Ankita Shanker, Angus Nurse

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The notion of animal rights is an emerging trend in various spaces, including judicial and societal discourse. But one of the key purposes of recognizing the fundamental rights of anyone is their de-objectification. Animals are a prime example of a group that has rights that are neither recognized nor protected in any meaningful way, and anything that purports differently fails to ameliorate this because it still objectifies animals. Animals are currently treated by law and society as commodities with primarily (though not exclusively) instrumental value to some other rights-holder, such as humans or nature. So most protections that are afforded to them are done so in furtherance of the interests that they allegedly further, be it social morality or environmental protection. Animal rights are thus often seen as an application or extension of the rights of humans or, more commonly, the rights of nature. What this means is that animal rights are not always protected or even recognized in their own regard, but as stemming from some other reason, or worse, instrumentally as means to some other ends. This has two identifiable effects from a legal perspective: animal rights are not seen as inherently justified and are not seen as inherently valuable. Which in turn means that there can be no fundamental protection of animal rights. In other words, judicial protection does not always entail protection of animal ‘rights’ qua animal rights, which is needed for any meaningful protections to be afforded to animals. But the effects of this legal paradigm do not end at the legal status of animals. Because this status, in turn, affects how persons and the societies of which they form part see animals as a part of the rights of others, such as humans or nature, or as valuable only insofar as they further these rights, as opposed to as individuals with inherent worth and value deserving of protection regardless of their instrumental usefulness to these other objectives. This does nothing to truly de-objectify animals. Because even though most people would agree that animals are not objects, they continue to treat them as such wherever it serves them. For individuals and society to resolve, this inconsistency between stance and actions is for them to believe that animals are more than objects on a psychological and societal level. In this paper, we examine the implications of this perception of animals and their rights on the legal protections afforded to them and on the minds of individuals and civil society. We also argue that a change in the legal and societal status of animals can be brought about only through judicial, psychological, and sociological acknowledgment that animals have inherent value and deserve protection on this basis. Animal rights derived in such a way would not need to place reliance on other justifications and would not be subject to subjugation to other rights should a conflict arise.

Keywords: animal rights law, animal protection laws, psycho-socio-legal studies, animal rights, human rights, rights of nature

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1698 Understanding Parental Style and Its Effect on the Wellbeing of Adolescents with Epilepsy

Authors: Arthy Vinayakam, Emilda Judith Ezhil Rajan

Abstract:

Adolescents with epilepsy living in developing country like India face many difficulties on stigma towards the disease. The psychological wellbeing of adolescents who are living with epilepsy has a varied influence on their daily activities and decision-making. Parental involvement with adolescents has always been a subject of caution. The dynamics in adolescents with epilepsy is much varied as their parental aspects has been known to have an impact on their education, socialization and wellbeing. The current study aims to identify the effect of parental styles, how they tend to effect the perception of self-concept that relate to the stigma in adolescents with epilepsy. A sample of 30 adolescents with epilepsy and their parents were taken; a control group of 30 adolescents and their parents were also taken. The General Health Questionnaire -12 was used as a screening for both groups to be included in the study. Parents were evaluated with Parenting Practices Questionnaire (PPQ). Adolescents were administered the Epilepsy Stigma Scale (ESS), Rosenberg Self-esteem Scale (RSS) and Adolescent Wellbeing Scale (AWS). Descriptive statistics was used to analyze the data. The findings of the study highlight the challenges of both parent and their influence on adolescent’s wellbeing. The findings also establish the impact of parenting style on the stigma in adolescents having epilepsy and how this influences their self-concept whereby their emotional strength.

Keywords: epilepsy, parenting style, stigma, wellbeing

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1697 Parental Negative Emotional States, Parenting Style and Child Emotional and Behavioural Problems: Australia-Indonesia Cross-Cultural Study

Authors: Yulina E. Riany, Divna Haslam, Matthew Sanders

Abstract:

This cross-cultural study aims to compare the level of parental depression and stress, parenting style use, and child emotional and behavioural problems between parents in Australia as an example of a Western country and parents in Indonesia as an example of Asian culture. A series of hierarchical regressions were undertaken to determine two models examining the factors that predict child problems residing in Australia (Model 1) and in Indonesia (Model 2). The online survey was completed by 179 parents in Australia and 448 parents in Indonesia. Results indicated that Australian parents reported higher levels of depression, authoritative parenting and higher levels of child misbehaviours compared to Indonesian parents. In comparison, Indonesian parents reported higher authoritarian parenting. Analyses performed to examine Model 1 and 2 revealed that parental negative emotional states and parenting style predicted child emotional and behavioural problems in both countries.

Keywords: cross-cutural study, parental stress, parenting, child misbehaviour

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1696 An Examination of the Challenges of Domestication of International Laws and Human Rights Laws in Nigeria

Authors: Uche A. Nnawulezi

Abstract:

This study evolved from the need to look at and evaluate the difficulties in the domestication of International Laws and Human Rights Laws in Nigeria. Essentially, the paper-based its examination on documentary evidence and depended much on secondary sources, for example, textbooks, journals, articles, periodicals and research reports emanating from suggestions of international law experts, jurists and human rights lawyers on the development challenges in domesticating international laws and human rights laws in Nigeria. These data were analyzed by the application of content analysis and careful observation of the current municipal laws which has posed great challenges in the domestication of International laws. This paper might follow the historical backdrop of the practices in the use of International law in Nigeria and should likewise consider the challenges inherent in these practices. The paper suggests that a sustainable domestication of International Laws and its application in Nigerian courts will ensure a better enforcement of human rights within the domestic jurisdiction.

Keywords: international law, human rights, domestication, challenges

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1695 Corporate Social Responsibility: An Ethical or a Legal Framework?

Authors: Pouira Askary

Abstract:

Indeed, in our globalized world which is facing with various international crises, the transnational corporations and other business enterprises have the capacity to foster economic well-being, development, technological improvement and wealth, as well as causing adverse impacts on human rights. The UN Human Rights Council declared that although the primary responsibility to protect human rights lie with the State but the transnational corporations and other business enterprises have also a responsibility to respect and protect human rights in the framework of corporate social responsibility. In 2011, the Human Rights Council endorsed the Guiding Principles on Business and Human Rights, a set of guidelines that define the key duties and responsibilities of States and business enterprises with regard to business-related human rights abuses. In UN’s view, the Guiding Principles do not create new legal obligations but constitute a clarification of the implications of existing standards, including under international human rights law. In 2014 the UN Human Rights Council decided to establish a working group on transnational corporations and other business enterprises whose mandate shall be to elaborate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises. Extremely difficult task for the working group to codify a legally binding document to regulate the behavior of corporations on the basis of the norms of international law! Concentration of this paper is on the origins of those human rights applicable on business enterprises. The research will discuss that the social and ethical roots of the CSR are much more institutionalized and elaborated than the legal roots. Therefore, the first step is to determine whether and to what extent corporations, do have an ethical responsibility to respect human rights and if so, by which means this ethical and social responsibility is convertible to legal commitments.

Keywords: CSR, ethics, international law, human rights, development, sustainable business

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1694 Economic Community of West African States Court of Justice and the Development of Human Rights Jurisprudence in Africa: A Difficult Take-off with a Bright and Visionary Landing

Authors: Timothy Fwa Yerima

Abstract:

This paper evaluates the development of human rights jurisprudence in Africa by the ECOWAS Court of Justice. It traces that though ECOWAS was not established with the aim of promoting and protecting human rights as the African Court of Human and Peoples’ Rights, no doubt, the 1991 ECOWAS Court Protocol and the 1993 ECOWAS Revised Treaty give the ECOWAS Court its human rights mandate. The paper, however, points out that despite the availability of these two Laws, the ECOWAS Court had difficulty in its human rights mandate, in view of the twin problems of lack of access to the Court by private parties and personal jurisdiction of the Court to entertain cases filed by private parties. The paper considers the 2005 Supplementary Protocol, not only as an effective legal framework in West African Sub-Region that tackles these problems in human rights cases but also a strong foundation upon which the Court has been developing human rights jurisprudence in Africa through the interpretation and application of this Law and other sources of Law of the Court. After a thorough analysis of some principles laid down by the ECOWAS Court so far, the paper observes that human rights jurisprudence in Africa is growing rapidly; depicting that though the ECOWAS Court initially had difficulty in its human rights mandate, today it has a bright and visionary landing. The paper concludes that West African Sub-Region will witness a more effective performance of the ECOWAS Court if some of its challenges are tackled.

Keywords: access, African human rights, ECOWAS court of justice, jurisprudence, personal jurisdiction

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1693 Negotiating Sovereign Debt and Human Rights: A Cross Cultural Study

Authors: Prajwal Raj Gyawali, Aastha Dahal

Abstract:

The tension between human rights and loans provided by international development banks with hidden conditions in the pretext of development is a complex issue with significant implications for the rights of citizens in borrowing countries. It is important for all parties involved, including international banks, borrowing countries, and affected communities, to consider and respect human rights in the negotiation and implementation of development projects. Yet, it is rare for human rights actors or communities to have a seat at the negotiation table when loans are finalized. In our research, we conducted negotiation simulations in law schools to examine how international loan negotiations would play out if human rights actors and communities had seats at the table. We ran the negotiation simulations in Bangladesh, Nepal and India. We found that the presence of community groups and human rights actors makes a difference in loan outcomes. While the international development loan was accepted as opposed to rejected by negotiators in three countries, the cultural values of the respective countries played a significant part in terms of the final agreement. We present the findings and their implications for the design of human rights courses in law schools as well as larger policy implications for expanding the participation of actors in international development loan negotiations.

Keywords: law, development, debt, human rights

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1692 Using the Theory of Reasoned Action and Parental Mediation Theory to Examine Cyberbullying Perpetration among Children and Adolescents

Authors: Shirley S. Ho

Abstract:

The advancement and development of social media have inadvertently brought about a new form of bullying – cyberbullying – that transcends across physical boundaries of space. Although extensive research has been conducted in the field of cyberbullying, most of these studies have taken an overwhelmingly empirical angle. Theories guiding cyberbullying research are few. Furthermore, very few studies have explored the association between parental mediation and cyberbullying, with majority of existing studies focusing on cyberbullying victimization rather than perpetration. Therefore, this present study investigates cyberbullying perpetration from a theoretical angle, with a focus on the Theory of Reasoned Action and the Parental Mediation Theory. More specifically, this study examines the direct effects of attitude, subjective norms, descriptive norms, injunctive norms and active mediation and restrictive mediation on cyberbullying perpetration on social media among children and adolescents in Singapore. Furthermore, the moderating role of age on the relationship between parental mediation and cyberbullying perpetration on social media are examined. A self-administered paper-and-pencil nationally-representative survey was conducted. Multi-stage cluster random sampling was used to ensure that schools from all the four (North, South, East, and West) regions of Singapore were equally represented in the sample used for the survey. In all 607 upper primary school children (i.e., Primary 4 to 6 students) and 782 secondary school adolescents participated in our survey. The total average response rates were 69.6% for student participation. An ordinary least squares hierarchical regression analysis was conducted to test the hypotheses and research questions. The results revealed that attitude and subjective norms were positively associated with cyberbullying perpetration on social media. Descriptive norms and injunctive norms were not found to be significantly associated with cyberbullying perpetration. The results also showed that both parental mediation strategies were negatively associated with cyberbullying perpetration on social media. Age was a significant moderator of both parental mediation strategies and cyberbullying perpetration. The negative relationship between active mediation and cyberbullying perpetration was found to be greater in the case of children than adolescents. Children who received high restrictive parental mediation were less likely to perform cyberbullying behaviors, while adolescents who received high restrictive parental mediation were more likely to be engaged in cyberbullying perpetration. The study reveals that parents should apply active mediation and restrictive mediation in different ways for children and adolescents when trying to prevent cyberbullying perpetration. The effectiveness of active parental mediation for reducing cyberbullying perpetration was more in the case of children than for adolescents. Younger children were found to be more likely to respond more positively toward restrictive parental mediation strategies, but in the case of adolescents, overly restrictive control was found to increase cyberbullying perpetration. Adolescents exhibited less cyberbullying behaviors when under low restrictive strategies. Findings highlight that the Theory of Reasoned Action and Parental Mediation Theory are promising frameworks to apply in the examination of cyberbullying perpetration. The findings that different parental mediation strategies had differing effectiveness, based on the children’s age, bring about several practical implications that may benefit educators and parents when addressing their children’s online risk.

Keywords: cyberbullying perpetration, theory of reasoned action, parental mediation, social media, Singapore

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1691 Proactive Business Approaches in Human Rights: The Implications of Corporate Social Responsibility

Authors: Fatemeh Jalalvand

Abstract:

The critical human rights problems such as extreme poverty, hunger, inequalities and gender discrimination need to be addressed by powerful and influential actors in the world. In today’s globalization, corporations have become one of the potent agents in the society. They are capable of generating economic growth, reducing poverty, and increasing the well-being of individuals, thereby contributing to the betterment of a broad spectrum of human rights. However, the discussion on how business can contribute to human rights has primarily focused on not violating them (reactive approach) rather than improving the conditions and solving the problems of human rights (proactive approach). In particular, the role of corporate social responsibility (CSR) in bringing proactivity of business in human rights has gained less attention. This paper develops a conceptual framework to examine the role of different categories of CSR, including discretionary, ethical, legal, instrumental and political CSR in encouraging the proactive contribution of corporations to the betterment of human rights. The five propositions, related to the conceptual framework, outline the relationships between five categories of CSR and proactivity of corporations in human rights. The findings indicate that discretionary CSR with voluntary nature might not be able to motivate any contribution of business in human rights. Moreover, ethical CSR and legal CSR might lead to reactive strategies of business toward human rights. Meanwhile, the economic incentives behind the notion of instrumental CSR could result in partial proactive engagement of corporations in human rights. Finally, the internal motives as profit and power besides the external duties might lead to the highest level of proactivity of corporations in human rights under the context of political CSR. The model developed offers a map for business to adopt proactive human rights strategies more systematically maintaining key profit-drivers like power and profit. In sum, instrumental and political categories of CSR might lead corporations to improve the conditions of human rights proactively.

Keywords: CSR, human rights, proactive approach, reactive approach

Procedia PDF Downloads 222