Search results for: religious rights
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 254

Search results for: religious rights

224 Strengthening Legal Protection of Personal Data through Technical Protection Regulation in Line with Human Rights

Authors: Tomy Prihananto, Damar Apri Sudarmadi

Abstract:

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

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

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223 On the Difference between Cultural and Religious Identities: A Case Study of Christianity and Islam in Some African and Asian Countries

Authors: Mputu Ngandu Simon

Abstract:

Culture and religion are two of the most significant markers of an individual or group`s identity. Religion finds its expression in a given culture and culture is the costume in which a religion is dressed. In other words, there is a crucial relationship between religion and culture which should not be ignored. On the one hand, religion influences the way in which a culture is consumed. A person`s consumption of a certain cultural practice is influenced by his/her religious identity. On the other hand, the cultural identity plays an important role on how a religion is practiced by its adherents. Some cultural practices become more credible when interpreted in religious terms just as religious doctrines and dogmas need cultural interpretation to be understood by a given people, in a given context. This relationship goes so deep that sometimes the boundaries between culture and religion become blurred and people end up mixing religion and culture. In some cases, the two are considered to be one and the same thing. However, despite this apparent sameness, religion and culture are two distinct aspects of identity and they should always be considered as such. One results from knowledge while the other has beliefs as its foundation. This paper explores the difference between cultural and religious identities by drawing from existing literature on this topic as a whole, before applying that knowledge to two specific case studies: Christianity among San people of Botswana, Namibia, Angola, Zambia, Lesotho, Zimbabwe, and South Africa, and Islam in Somalia, Kenya, Ethiopia, Djibouti and Iran.

Keywords: Belief, identity, knowledge, culture, religion.

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222 Article 5 (3) of the Brussels I Regulation and Its Applicability in the Case of Intellectual Property Rights Infringement on the Internet

Authors: Nataliya Hitsevich

Abstract:

Article 5(3) of the Brussels I Regulation provides that a person domiciled in a Member State may be sued in another Member State in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful events occurred or may occur. For a number of years Article 5 (3) of the Brussels I Regulation has been at the centre of the debate regarding the intellectual property rights infringement over the Internet. Nothing has been done to adapt the provisions relating to non-internet cases of infringement of intellectual property rights to the context of the Internet. The author’s findings indicate that in the case of intellectual property rights infringement on the Internet, the plaintiff has the option to sue either: the court of the Member State of the event giving rise to the damage: where the publisher of the newspaper is established; the court of the Member State where the damage occurred: where defamatory article is distributed. However, it must be admitted that whilst infringement over the Internet has some similarity to multi-State defamation by means of newspapers, the position is not entirely analogous due to the cross-border nature of the Internet. A simple example which may appropriately illustrate its contentious nature is a defamatory statement published on a website accessible in different Member States, and available in different languages. Therefore, we need to answer the question: how these traditional jurisdictional rules apply in the case of intellectual property rights infringement over the Internet? Should these traditional jurisdictional rules be modified?

Keywords: Intellectual property rights, infringement, Internet, jurisdiction.

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221 Protection of Human Rights in Europe: The Parliamentary Dimension

Authors: Aleksandra Chiniaeva

Abstract:

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

Keywords: Human rights, International parliamentary assembly, IPU, EP, PACE, OSCE, IPA CIS, international election observation.

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220 A Comparative Study of Costumes for Religious Festivals in ASEAN Countries

Authors: Jaruphan Supprung

Abstract:

Aims of this research were to study the major religious festivals of merit making and joyful celebrations (nationwide) in each country of ASEAN countries and to compare the costumes for these major religious festivals among these countries. This documentary research employed qualitative research methodology. The findings of the research disclosed that there are 28 main religious festivals in ASEAN countries: 3 Islamic festivals in Brunei Darussalam such as Hari Raya Aidiladha Festival, Mauludin Nabi Festival and Hari Raya Aidilfitri Festival; 2 Buddhist festivals in Cambodia such as Pchum Ben Festival and Khmer New Year Festival; 3 Islamic festivals in Indonesia such as Eid al-Adha Festival, Maulid Nabi Festival and Eid ul-Fitr Festival; 5 Buddhist festivals in Laos such as Boun Awk Pansa Festival, Boun Pha Vet Festival, Boun Pi Mai Festival, Boun Khao Pradabdin Festival and Boun Khao Salak Festival; 3 Islamic festivals in Malaysia such as Hari Raya Aidil Adha Festival, Maulidur Rasul Festival and Hari Raya Aidilfitri Festival; 4 Buddhist festivals in Myanmar such as Thadingyut Festival, Tazaungmon Full Moon Festival, Htamane Festival, and Thingyan Festival; 2 Christian festivals in Philippines such as Christmas Festival and Feast of the Santo Niño; Only 1 Buddhist festival in Singapore: Festival of Vesak Day; 4 Buddhist festivals in Thailand such as Songkran Festival (Thai New Year), Sart Thai Festival, Khao Pansa Festival and Awk Pansa Festival; and only 1 Buddhist festival in Vietnam: Tet Nguyen Dan Festival. For the comparison of the costumes for these major religious festivals, it can be concluded that the most popular style of male costume for religious festivals in ASEAN countries consists of stand-up collar (100%), long sleeves (100%), shirt (90%), and long pants (100%), and the most popular style of male costume for religious festivals in ASEAN countries consists of round neck (90%), long sleeves (80%), blouse (60%), and maxi tube skirt (80%).

Keywords: Costume, Religious festival, ASEAN countries.

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219 Developing Islamic Tourism in Kazakhstan: A Result of a Religious Revival or a New Trend of Tourism

Authors: A. A. Mustafayeva, G. E. Nadirova, Sh. S. Kaliyeva, B. Zh. Aktaulova

Abstract:

all of religions free towards society in Kazakhstan. Considering that Islam is more widespread religion in the region, Islamic industry is developing sector of Economy. There are some new sectors of Halal (Islamic) industry, which have importance for state developing on the whole. One of the youngest sectors of Halal industry is Islamic tourism, which became an object of disputes and led to dilemma, such as Islamic tourism is a result of a Religious revival and Islamic tourism is a new trend of Tourism. The paper was written under the research project “Islam in modern Kazakhstan: the nature and outcome of the religious revival".

Keywords: Halal industry, Islamic tourism, pillars, pilgrims.

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218 Mapping the Quotidian Life of Practitioners of Various Religious Sects in Late Medieval Bengal: Portrayals on the Front Façades of the Baranagar Temple Cluster

Authors: I. Gupta, B. Karmakar

Abstract:

Bengal has a long history (8th century A.D. onwards) of decorating the wall of brick-built temples with curved terracotta plaques on a diverse range of subjects. These could be considered as one of the most significant visual archives to understand the various facets of the then contemporary societies. The temples under focus include Char-bangla temple complex (circa 1755 A.D.), Bhavanishvara temple (circa 1755 A.D.) and the Gangeshvara Shiva Jor-bangla temple (circa 1753 A.D.), located within a part of the river Bhagirathi basin in Baranagar, Murshidabad, West Bengal, India. Though, a diverse range of subjects have been intricately carved mainly on the front façades of the Baranagar temple cluster, the study specifically concentrates on depictions related to religious and non-religious acts performed by practitioners of various religious sects of late medieval Bengal with the intention to acquire knowledge about the various facets of their life. Apart from this, the paper also mapped the spatial location of these religious performers on the temples’ façades to examine if any systematic plan or arrangement had been employed for connoting a particular idea. Further, an attempt is made to provide a commentary on the attire worn by followers of various religious sects of late medieval Bengal. The primary materials for the study comprise the depictions which denote religious activities carved on the terracotta plaques. The secondary material has been collected from published and unpublished theses, journals and books. These data have been further supplemented with photographic documentation, some useful line-drawings and descriptions in table format to get a clear understanding of the concerned issues.

Keywords: Attire, scheme of allocation, terracotta temple, various religious sect.

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217 Through the Lens of Forced Displacement: Refugee Women's Rights as Human Rights

Authors: Pearl K. Atuhaire, Sylvia Kaye

Abstract:

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

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

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216 Economic Neoliberalism: Property Right and Redistribution Policy

Authors: Aleksandar Savanović

Abstract:

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

Keywords: Economic neoliberalism, natural law, property, redistribution

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215 Islam in Kazakhstan: Modern Trends and Stages of Development

Authors: B. Moldakhmet, G. Nassimova, A. Balapanova, А. Asan

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According to the majority and to stereotypes in a simple everyman religious processes in the world in general, and Kazakhstan in particular, have only negative trends. The main reason for the author's opinion is seen in the fact that the media in the pursuit of ratings and sensation, more inclined to highlight the negative aspects of events in the country and the world of processes forgetting or casually mentioning the positive initiatives and achievements. That is why the article is mainly revealed positive trends in mind that the problems of fanaticism, terrorism and the confrontation of society on various issues, a lot has been written and detailed. This article describes the stages in the development of relations between religion and state, as well as institutionalization, networking and assistance in the correct orientation of religious activities in the country.

Keywords: Islam, Kazakhstan, Organization of Islamic Cooperation, religious activities

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214 Promoting Gender Equality within Islamic Tradition via Contextualist Approach

Authors: Ali Akbar

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The importance of advancing women’s rights is closely intertwined with the development of civil society and the institutionalization of democracy in Middle Eastern countries. There is indeed an intimate relationship between the process of democratization and promoting gender equality, since democracy necessitates equality between men and women. In order to advance the issue of gender equality, what is required is a solid theoretical framework which has its roots in the reexamination of pre-modern interpretation of certain Qurʾānic passages that seem to have given men more rights than it gives women. This paper suggests that those Muslim scholars who adopt a contextualist approach to the Qurʾānic text and its interpretation provide a solid theoretical background for improving women’s rights. Indeed, the aim of the paper is to discuss how the contextualist approach to the Qurʾānic text and its interpretation given by a number of prominent scholars is capable of promoting the issue of gender equality. The paper concludes that since (1) much of the gender inequality found in the primary sources of Islam as well as pre-modern Muslim writings is rooted in the natural cultural norms and standards of early Islamic societies and (2) since the context of today’s world is so different from that of the pre-modern era, the proposed models provide a solid theoretical framework for promoting women’s rights and gender equality.

Keywords: Contextualism, Gender equality, Islam, Women’s rights.

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213 Into Insights of Contextual Governance Framework for Religious Non-Profit Organizations

Authors: Saunah Zainon, Ruhaya Atan, Nadzira Yahaya, Marshita Hashim

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Governance in business firms is a topic that has long been studied in the literature. Traditionally, governance in business firms has focused on the roles of boards of directors in representing and protecting the interests of shareholders. Governance has also been studied in the context of non-profit organizations because good governance is essential to increase the likelihood that they will comply with the regulatory requirements that best serve their multiple stakeholders. This paper provides insights on the need of governance framework for religious non-profit organizations (RNPOs) based on five underlying principles. This paper is important to help regulators to understand RNPOs’ governance framework. The regulators may use the framework suggested for the development of the RNPOs’ code of governance in the future.

Keywords: Framework, governance, religious, RNPOs.

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212 Jurisprudencial Analysis of Torture in Spain and in the European Human Rights System

Authors: María José Benítez Jiménez

Abstract:

Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (E.C.H.R.) proclaims that no one may be subjected to torture, punishment or degrading treatment. The legislative correlate in Spain is embodied in Article 15 of the Spanish Constitution, and there must be an overlapping interpretation of both precepts on the ideal plane. While it is true that there are not many cases in which the European Court of Human Rights (E.C.t.H.R. (The Strasbourg Court)) has sanctioned Spain for its failure to investigate complaints of torture, it must be emphasized that the tendency to violate Article 3 of the Convention appears to be on the rise, being necessary to know possible factors that may be affecting it. This paper addresses the analysis of sentences that directly or indirectly reveal the violation of Article 3 of the European Convention. To carry out the analysis, sentences of the Strasbourg Court have been consulted from 2012 to 2016, being able to address any previous sentences to this period if it provided justified information necessary for the study. After the review it becomes clear that there are two key groups of subjects that request a response to the Strasbourg Court on the understanding that they have been tortured or degradingly treated. These are: immigrants and terrorists. Both phenomena, immigration and terrorism, respond to patterns that have mutated in recent years, and it is important for this study to know if national regulations begin to be dysfunctional.

Keywords: European convention for the protection of human rights and fundamental freedoms, European Court of Human Rights, sentences, Spanish Constitution, torture.

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211 Application of a Novel Audio Compression Scheme in Automatic Music Recommendation, Digital Rights Management and Audio Fingerprinting

Authors: Anindya Roy, Goutam Saha

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Rapid progress in audio compression technology has contributed to the explosive growth of music available in digital form today. In a reversal of ideas, this work makes use of a recently proposed efficient audio compression scheme to develop three important applications in the context of Music Information Retrieval (MIR) for the effective manipulation of large music databases, namely automatic music recommendation (AMR), digital rights management (DRM) and audio finger-printing for song identification. The performance of these three applications has been evaluated with respect to a database of songs collected from a diverse set of genres.

Keywords: Audio compression, Music Information Retrieval, Digital Rights Management, Audio Fingerprinting.

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210 Studying Iranian Religious Minority Architecture: Differences and Commonalities in Religious and National Architecture after Safavid

Authors: Saeideh Soltanmohammadlou, Pilar M Guerrieri, Amir Kianfar, Sara Sadeghian, Yasaman Nafezi, Emily Irvin

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Architecture is rooted in the experiences of the residents in a place. Its foundations are based on needs and circumstances of each territory in terms of climate, available materials, economics and governmental policies, and cultural ideals and ideas of the people that live there. The architectural history of Iran echoes these architectural origins and has revealed certain trends reflecting this territory and culture. However, in recent years, new architectural patterns are developing that diverge from what has previously been considered classic forms of Iranian architecture. This article investigates architectural elements that make up the architecture created by religious minorities after the Safavid dynasty (one of the most significant ruling dynasties of Iran (from 1501 to 1736) in Iranian cities: Isfahan, Tabriz, Kerman, and Uremia. Similarities and differences are revealed between the architecture that composes neighborhoods of religious minorities in Iran and common national architectural trends in each era after this dynasty. This dynasty is specific as a point of reference in this article because Islam was identified as the state religion of Iran during this era. This decision changed the course of architecture in the country to incorporate religious motifs and meanings. The study associated with this article was conducted as a survey that sought to find links between architecture of religious minorities with Iranian national architecture. Interestingly, a merging of architectural forms and trends occur as immigrants interact with Iranian Islamic meanings. These observations are significant within the context of modern architecture around the world and within Western discourse because what are considered religious minorities in Iran are the dominant religions in Western nations. This makes Iran’s architecture particularly unique as it creates a kind of inverse relationship, than that of Western nations, to the ways in which religion influences architectural history.

Keywords: Architecture, ethnic architecture, national architecture, religion architecture.

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209 An Investigation of the Relationship between the Need for Cognitive Closure and Religious Fundamentalism

Authors: Hadi G. Altabatabaei, Nguyen L. L. Anh

Abstract:

There are positive significant relationships between the Need for Cognitive Closure (NFC) and Religious Fundamentalism (RF) among students. The preliminary assumption of the current study was: There would be a stronger pattern of association between these constructs, if the participants of the study are more exposed to the study's main concept which is religiosity. In other words, close-mindedness would be more related to homogeneous samples of practicing devotees of monotheistic religions compared to student samples. The main hypothesis was that concerning the Muslim sample, there will be a significant and positive correlation between the need for closure (and all facets of it, except decisiveness) and RF. Both the student sample (n=88), and the Muslim practicing mosque attending sample (n=40), were administrated three scales of Need for Closure (NFCS), Religious Fundamentalism (RFS), and Four Basic Dimensions of Religiousness (FBDRS). The results of the study moderately confirmed the hypothesis and showed a positive correlation between NFCS and RFS with the Muslim sample. Specifically, preference for order, preference for predictability and discomfort with ambiguity facets of the NFCS positively correlated with RFS. However, with regards to the student sample such relationships between the constructs were not found.

Keywords: Religiosity, close-mindedness, religious fundamentalism, need for closure, monotheistic religions.

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208 Islam in the Context of Political Processes in Modern Kazakhstan

Authors: Duissenbayeva Albina, Rysbekova Shamshiya, Borbassova Karlygash

Abstract:

Religion revival including Islam in Kazakhstan represents reaction, first of all on internal social and political change, events after disintegration of the USSR. Process of revival of Kazakhstan Islam was accompanied as positive, so by negative tendencies. Old mosques were restored, were under construction new, Islamic schools and high schools were created, was widely studied religious the dogmatic person, the corresponding literature was published, expanded contacts with foreign Muslim brothers in the faith, the centers of the Arab-Muslim culture extended. At the same time in Kazakhstan, there are religious-political parties and movements, pursuing radical goals down to change the spiritual and cultural identity of Muslims of Kazakhstan by the forcible introduction of non-traditional religious and political, ethnic and cultural values.

Keywords: Terrorist act, Islamic factor, national tasks, radical Islam, the role of Islam.

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207 The Grey Relational Analysis of the Influence Factors of Profit in Cartoon-s Character Merchandising Rights

Authors: Min Li, Tao Li

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This paper constructs a four factors theoretical model of Chinese small and medium enterprises based on the “cartoon characters- reputation - enterprise marketing and management capabilities – protection of the cartoon image - institutional environment" by literature research, case studies and investigation. The empirical study show that the greatest impact on current merchandising rights income is the institutional environment friendliness, followed by marketing and management capabilities, input of character image protection and Cartoon characters- reputation through the real-time grey relational analysis, and the greatest impact on post-merchandising rights profit is Cartoon characters reputation, followed by the institutional environment friendliness, then marketing and management ability and input of character image protection through the time-delay grey relational analysis.

Keywords: Cartoon characters, merchandising rights, influencefactors, grey relational analysis

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206 Psychometric Examination of the QUEST-25: An Online Assessment of Intellectual Curiosity and Scientific Epistemology

Authors: Matthew J. Zagumny

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The current study reports an examination of the QUEST-25 (Q-Assessment of Undergraduate Epistemology and Scientific Thinking) online version for assessing the dispositional attitudes toward scientific thinking and intellectual curiosity among undergraduate students. The QUEST-25 consists of scientific thinking (SIQ-25) and intellectual curiosity (ICIQ-25), which were correlated in hypothesized directions with the Religious Commitment Inventory, Curiosity and Exploration Inventory, Belief in Science scale, and measures of academic self-efficacy. Additionally, concurrent validity was established by the resulting significant differences between those identifying the centrality of religious belief in their lives and those who do not self-identify as being guided daily by religious beliefs. This study demonstrates the utility of the QUEST-25 for research, evaluation, and theory development.

Keywords: Guided-inquiry learning, intellectual curiosity, psychometric assessment, scientific thinking.

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205 Evolving Paradigm of Right to Development in International Human Rights Law and Its Transformation into the National Legal System: Challenges and Responses in Pakistan

Authors: Naeem Ullah Khan, Kalsoom Khan

Abstract:

No state can be progressive and prosperous in which a large number of people is deprived of their basic economic rights and freedoms. In the contemporary world of globalization, the right to development has gained a momentum force in the domain of International Development Law (IDL) and has integrated into the National Legal System (NLS) of the major developed states. The international experts on human rights argued that the right to development (RTD) is called a third-generation human right which tends to enhance the welfare and prosperity of individuals, and thus, it is a right to a process whose outcomes are human rights despite the controversy on the implications of RTD. In the Pakistan legal system, the RTD has not been expressly stated in the constitution of the Islamic Republic of Pakistan, 1973. However, there are some implied constitutional provisions which reflect the concept of RTD. The jurisprudence on RTD is still an evolving paradigm in the contextual perspective of Pakistan, and the superior court of diverse jurisdiction acts as a catalyst regarding the protection and enforcement of RTD in the interest of the public at large. However, the case law explores the positive inclination of the courts in Pakistan on RTD be incorporated as an express provision in the chapters of fundamental rights; in this scenario, the high court’s of Pakistan under Article 199 and the supreme court of Pakistan under Article 184(3) have exercised jurisdiction on the enforcement of RTD. This paper inter-alia examines the national dimensions of RTD from the standpoint of state practice in Pakistan and it analyzes the experience of judiciary in the protection and enforcement of RTD. Moreover, the paper highlights the social and cultural challenges to Pakistan in the implementation of RTD and possible solution to improve the conditions of human rights in Pakistan. This paper will also highlight the steps taken by Pakistan regarding the awareness, incorporation, and propagation of RTD at the national level.

Keywords: Globalization, Pakistan, RTD, third-generation right.

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204 The U.S. and Western Europe Role in Resolving the Religious Conflicts in Central Asia

Authors: Zhanar Aldubasheva, Mukhtar Senggirbay, Elnura Assyltayeva

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The modern world is experiencing fundamental and dynamic changes. The transformation of international relations; the end of confrontation and successive overcoming of the Cold War consequences have expanded possible international cooperation. The global nuclear conflict threat has been minimized, while a tendency to establish a unipolar world structure with the U.S. economic and power domination is growing. The current world system of international relations, apparently is secular. However, the religious beliefs of one or another nations play a certain (sometimes a key) role, both in the domestic affairs of the individual countries and in the development of bilateral ties. Political situation in Central Asia has been characterized by new factors such as international terrorism; religious extremism and radicalism; narcotrafficking and illicit arms trade of a global character immediately threaten to peace and political stability in Central Asia. The role and influence of Islamic fundamentalism is increasing; political ethnocentrism and the associated aggravation of inter-ethnic relations, the ambiguity of national interests and objectives of major geo-political groups in the Central Asian region regarding the division the political influence, emerge. This article approaches the following issues: the role of Islam in Central Asia; destabilizing factors in Central Asia; Islamic movements in Central Asia, Western Europe and the United States; the United States, Western Europe and Central Asia: religion, politics, ideology, and the US-Central Asia antiterrorism and religious extremism cooperation.

Keywords: USA, Central Asia, religious conflict, terrorism, regional security.

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203 Conciliation Bodies as an Effective Tool for the Enforcement of Air Passenger Rights: Examination of an Exemplary Model in Germany

Authors: C. Hipp

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The EU Regulation (EC) No 261/2004 under which air passengers can claim compensation in the event of denied boarding, cancellation or long delay of flights has to be regarded as a substantial progress for the consumer protection in the field of air transport since it went into force in February 2005. Nevertheless, different reviews of its effective functioning demonstrate that most passengers affected by service disruptions do not enforce their complaints and claims towards the airline. The main cause of this is not only the unclear legal situation due to the fact that the regulation itself suffers from many undetermined terms and loopholes it is also attributable to the strategy of the airlines which do not handle the complaints of the passengers or exclude their duty to compensate them. Economically contemplated, reasons like the long duration of a trial and the cost risk in relation to the amount of compensation make it comprehensible that passengers are deterred from enforcing their rights by filing a lawsuit. The paper focusses on the alternative dispute resolution namely the recently established conciliation bodies which deal with air passenger rights. In this paper, the Conciliation Body for Public Transport in Germany (Schlichtungsstelle für den öffentlichen Personenverkehr – SÖP) is examined as a successful example of independent consumer arbitration service. It was founded in 2009 and deals with complaints in the field of air passenger rights since November 2013. According to the current situation one has to admit that due to its structure and operation it meets on the one hand the needs of the airlines by giving them an efficient tool of their customer relation management and on the other hand that it contributes to the enforcement of air passenger rights effectively.

Keywords: Air passenger rights, alternative dispute resolution (ADR), consumer protection, EU law regulation (EC) No 261/2004.

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202 Private Law, Public Justice: Another Look at Imprisonment for Debt under the Jordanian Law

Authors: Haitham A. Haloush

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Debtors' imprisonment in Jordan is a problematic issue since it impinges upon required financial guarantees that are presumably offered by debtors on the one hand, and infringes flagrantly the International Covenant on Civil and Political Rights on the other hand. Jordan lacks regulatory provisions in this respect and debtors' imprisonment is indirectly exercised in Jordan without giving a special legal attention to this concern. From this perspective, this research reviews the available regulations, standard laws and codes of conduct that might guide the implementation of the International Covenant on Civil and Political Rights in the Jordanian context. Furthermore, this article will examine the suitability of the Jordanian legal system in providing sufficient protection for debtors. The author argues that there are serious obstacles in this aspect.

Keywords: The Jordanian Civil Code, the Jordanian Execution Law, imprisonment for debt, good faith, the Jordanian Constitution, the International Covenant on Civil and Political Rights.

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201 IT Systems of the US Federal Courts, Justice, and Governance

Authors: Joseph Zernik

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Validity, integrity, and impacts of the IT systems of the US federal courts have been studied as part of the Human Rights Alert-NGO (HRA) submission for the 2015 Universal Periodic Review (UPR) of human rights in the United States by the Human Rights Council (HRC) of the United Nations (UN). The current report includes overview of IT system analysis, data-mining and case studies. System analysis and data-mining show: Development and implementation with no lawful authority, servers of unverified identity, invalidity in implementation of electronic signatures, authentication instruments and procedures, authorities and permissions; discrimination in access against the public and unrepresented (pro se) parties and in favor of attorneys; widespread publication of invalid judicial records and dockets, leading to their false representation and false enforcement. A series of case studies documents the impacts on individuals' human rights, on banking regulation, and on international matters. Significance is discussed in the context of various media and expert reports, which opine unprecedented corruption of the US justice system today, and which question, whether the US Constitution was in fact suspended. Similar findings were previously reported in IT systems of the State of California and the State of Israel, which were incorporated, subject to professional HRC staff review, into the UN UPR reports (2010 and 2013). Solutions are proposed, based on the principles of publicity of the law and the separation of power: Reliance on US IT and legal experts under accountability to the legislative branch, enhancing transparency, ongoing vigilance by human rights and internet activists. IT experts should assume more prominent civic duties in the safeguard of civil society in our era.

Keywords: E-justice, federal courts, United States, human rights, banking regulation.

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200 Maintenance of Philosophical, Humanistic and Religious Values of Security of the Kazakh Nation

Authors: K. K. Kaldybay, T. K. Abdrassilov, G. K. Abdygalieva, P. M. Suleymenov, M. O. Nassimov

Abstract:

People have always needed to believe in some supernatural power, which could explain nature phenomena. Different kinds of religions like Christianity, Hinduism, Islam, Buddhism have thought believers in all world, how to behave themselves. We think the most important role of religion in modern society most important role of religion in modern society is safety of the People. World and traditional religion played a prominent role in the socio-cultural progress, and in the development of man as a spiritual being. At the heart of religious morals the belief in god and responsibility before it lies and specifies religious and ethical values and categories . The religion is based on ethical standards historically developed by society, requirements and concepts, but it puts all social and moral relations of the person in dependence on religious values. For everything that the believer makes on a debt or a duty, he bears moral responsibility before conscience, people and god. The concept of value of religious morals takes the central place because the religion from all forms of public consciousness most values is painted as it is urged to answer vital questions. Any religion not only considers questions of creation of the world, sense of human existence, relationship of god and the person, but also offers the ethical concept, develops rules of behavior of people. The religion a long time dominated in the history of culture, and during this time created a set of cultural and material values. The identity of Kazakh culture can be defined as a Cultural identity traditional ,national identity and the identity values developed by Kazakh people in process of cultural-historical development, promoting formation of Kazakh culture identity on public consciousness. Identity is the historical process but always the tradition exists in it as a component of stability, as a component of self that what this identity formed .

Keywords: Philosophy, religion, education, culture, human, national value, security, religious value.

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199 Public Attachment to Religious Places: A Study of Place Attachment to Mosques in Malaysia

Authors: Mina Najafi, Mustafa Kamal Bin Mohd Shariff

Abstract:

Religious place attachment is an affective bond that develops between people and their religious settings. The published literature shows that although religion has a significant impact on the public ‘place attachment’, the architectural features and attributes of the places could still play an influencing role in strengthening this attachment. However, the role of architectural characteristics and features of the religious places, as the components that give them meaning(s), has not been adequately explored. This paper reports the impacts of factors influencing the physical and ambience quality of different styles of Malaysian mosques from the Muslim public perspective. Thereby, a survey was conducted to investigate Malaysian public attachment to selected five Malaysian state mosques with respect to their architectural characteristics and features. The survey employed the results of series of interviews as its theoretical basis. The finding proved that Malaysian ‘Muslim’ society has equally strong attachment to all selected mosques in spite of their different architectural styles. The findings also confirmed that the emotional attachment to the impressive aspects of architectural features (e.g. dome, minaret etc.) and the unique identity of the studied mosques is irrespective of the architectural styles, e.g. Modern vs. Postmodern. The paper also argued that religious activities and pleasant architectural characteristic of the studied places including the functional facilities are equally important factors in forming place attachment. This is a new approach to the study of physical and ambience quality of mosques, hence providing sufficient theoretical basis for further investigations and improvements.

Keywords: Place Attachment, Place Identity, Physical Features, Malaysian Mosques.

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198 The Problems of Legal Regulation of Intellectual Property Rights in Innovation Activities in Russia (Institutional Approach)

Authors: Zhanna Mingaleva, Irina Mirskikh

Abstract:

Part IV of the Civil Code of the Russian Federation dedicated to legal regulation of Intellectual property rights came into force in 2008. It is a first attempt of codification in Intellectual property sphere in Russia. That is why a lot of new norms appeared. The main problem of the Russian Civil Code (part IV) is that many rules (norms of Law) contradict the norms of International Intellectual property Law (i.e. protection of inventions, creations, ideas, know-how, trade secrets, innovations). Intellectual property rights protect innovations and creations and reward innovative and creative activity. Intellectual property rights are international in character and in that respect they fit in rather well with the economic reality of the global economy. Inventors prefer not to take out a patent for inventions because it is a very difficult procedure, it takes a lot of time and is very expensive. That-s why they try to protect their inventions as ideas, know-how, confidential information. An idea is the main element of any object of Intellectual property (creation, invention, innovation, know-how, etc.). But ideas are not protected by Civil Code of Russian Federation. The aim of the paper is to reveal the main problems of legal regulation of Intellectual property in Russia and to suggest possible solutions. The authors of this paper have raised these essential issues through different activities. Through the panel survey, questionnaires which were spread among the participants of intellectual activities the main problems of implementation of innovations, protecting of the ideas and know-how were identified. The implementation of research results will help to solve economic and legal problems of innovations, transfer of innovations and intellectual property.1

Keywords: Innovation activities, intellectual property rights, know-how, patents, indicators of innovation activities

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197 The Role of State in Combating Religious Extremism and Terrorism

Authors: Kadyrzhan Smagulov, Mukhtar Senggirbay, Sholpan Zhandossova, Lyaila Ivatova, Gulnar Nassimova

Abstract:

terrorism and extremism are among the most dangerous and difficult to forecast the phenomena of our time, which are becoming more diverse forms and rampant. Terrorist attacks often produce mass casualties, involve the destruction of material and spiritual values, beyond the recovery times, sow hatred among nations, provoke war, mistrust and hatred between the social and national groups, which sometimes can not be overcome within a generation. Currently, the countries of Central Asia are a topical issue – the threat of terrorism and religious extremism, which grow not only in our area, but throughout the world. Of course, in each of the terrorist threat is assessed differently. In our country the problem of terrorism should not be acutely. Thus, after independence and sovereignty of Kazakhstan has chosen the path of democracy, progress and free economy. With the policy of the President of Kazakhstan Nursultan Nazarbayev and well-organized political and economic reforms, there has been economic growth and rising living standards, socio-political stability, ensured civil peace and accord in society [1].

Keywords: Kazakhstan, national security, religious extremism and terrorism, ethnic conflict

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196 ‘The Right to Information’: A Malaysian Political Blog Readers’ Perspective

Authors: Norraihan Zakaria, Abdul Rahman Othman

Abstract:

Political blogs are one of the pivotal alternative communication channels for political news in Malaysia. Many have argued that the mushrooming of political blogs nurtures the effective realization of human rights in the country. The paper studies the ‘Malaysian political blog readers–human rights’ relationship by exploring these questions: Has traditional mainstream media become obsolete with the rise of political blogosphere? Why do blog readers visit political blogs? A survey was conducted and the findings revealed that traditional mainstream media is still a pertinent source for political news in the country. Apart from acquiring the latest political updates quickly and at anytime, blog readers compare the news published in political blogs with the ones reported in traditional mainstream media. This suggests that freedom of information is deemed as one of the prime motives for Malaysian blog readers clinging to political blogosphere.

Keywords: Freedom of information, Human rights, Malaysian political blog readers, Malaysian political blogosphere.

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195 Intellectual Property Rights and Health Rights: A Feasible Reform Proposal to Facilitate Access to Drugs in Developing Countries

Authors: M. G. Cattaneo

Abstract:

The non-effectiveness of certain codified human rights is particularly apparent with reference to the lack of access to essential drugs in developing countries, which represents a breach of the human right to receive adequate health assistance. This paper underlines the conflict and the legal contradictions between human rights, namely health rights, international Intellectual Property Rights, in particular patent law, as well as international trade law. The paper discusses the crucial links between R&D costs for innovation, patents and new medical drugs, with the goal of reformulating the hierarchies of priorities and of interests at stake in the international intellectual property (IP) law system. Different from what happens today, International patent law should be a legal instrument apt at rebalancing an axiological asymmetry between the (conflicting) needs at stake The core argument in the paper is the proposal of an alternative pathway, namely a feasible proposal for a patent law reform. IP laws tend to balance the benefits deriving from innovation with the costs of the provided monopoly, but since developing countries and industrialized countries are in completely different political and economic situations, it is necessary to (re)modulate such exchange according to the different needs. Based on this critical analysis, the paper puts forward a proposal, called Trading Time for Space (TTS), whereby a longer time for patent exclusive life in western countries (Time) is offered to the patent holder company, in exchange for the latter selling the medical drug at cost price in developing countries (Space). Accordingly, pharmaceutical companies should sell drugs in developing countries at the cost price, or alternatively grant a free license for the sale in such countries, without any royalties or fees. However, such social service shall be duly compensated. Therefore, the consideration for such a service shall be an extension of the temporal duration of the patent’s exclusive in the country of origin that will compensate the reduced profits caused by the supply at the price cost in developing countries.

Keywords: Global health, global justice, patent law reform, access to drugs.

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