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

Search results for: religious rights

254 Stop Forced Child Marriage: A Comparative Global Law Analysis

Authors: Michelle J. Miller

Abstract:

Millions of girls are forcibly married during the transitional period between puberty and adulthood. At a stage of vulnerability cultural practices, religious rights and social standards place her in a position where she is catapult into womanhood. An advocate against forced child marriage could argue that child rights, cultural rights, religious rights, right to marry, right to life, right to health, right to education, right to be free from slavery, right to be free from torture, right to consent to marriage are all violated by the practice of child marriage. The author is this advocate and this paper will present how some of these rights are violated and establish the need for change.

Keywords: Child marriage, forced child marriage, child rights, protection, religious rights, cultural rights, right to life, human rights.

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253 Women’s Rights in Conflict with People’s Cultural Autonomy: Problems of Cultural Accommodation

Authors: Nazia Khan

Abstract:

The paper explores the cultural rights accommodation by the state which has left many unresolved problems. The cultural rights sometimes violate the basic individual rights of the members inside the community like women. The paper further explicates certain cultural norms and practices which violates the rights of women inside the community in the name of culture.

Keywords: Culture, Patriarchy, Rights, Women.

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252 Women with Disabilities: A Study of Contributions of Sexual and Reproductive Rights for Theology

Authors: Luciana Steffen

Abstract:

People with disabilities are often neglected in the exercise of their sexuality, facing several prejudices and discrimination in this area. For women with disabilities, the negligence is even major. Studies that relate sexual and reproductive rights with the experience of women with disabilities are rare, and in the field of Theology, practically nonexistent in Brazil. The aim of this work is to reflect on the relationship between women with disabilities, sexual and reproductive rights and Theology, according to a feminist perspective. The work is a literature review and involves the areas of Gender Studies, Disability Studies, Feminist Studies and Theology. In the article it will be addressed the relations between disability, sexual and reproductive rights, feminism, as well as the relations with the area of Theology, reflecting on these themes toward a fairer and more inclusive understanding of feminism, sexuality and women with disabilities. To reflect on sexual and reproductive rights of women with disabilities, it is important to reflect on religious concepts about the body, sexuality, reproduction and gender roles, because they are all connected. So, a critical analysis of traditional theological values taking into consideration the dimensions of sexuality and women with disability is important for a more liberating and inclusive understand about sexual and reproductive rights of women with disabilities. Theology should help the other areas in the understanding that all people have the right to live their lives with completeness, dignity and respect, so women with disabilities must have the opportunity of making their own choices on the fields of sexuality and reproduction.

Keywords: Disability, gender, sexual and reproductive rights, Theology.

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251 Robust Human Rights Governance: Developing International Criteria

Authors: Helen P. Greatrex

Abstract:

Many states are now committed to implementing international human rights standards domestically. In terms of practical governance, how might effectiveness be measured? A facevalue answer can be found in domestic laws and institutions relating to human rights. However, this article provides two further tools to help states assess their status on the spectrum of robust to fragile human rights governance. The first recognises that each state has its own 'human rights history' and the ideal end stage is robust human rights governance, and the second is developing criteria to assess robustness. Although a New Zealand case study is used to illustrate these tools, the widespread adoption of human rights standards by many states inevitably means that the issues are relevant to other countries. This is even though there will always be varying degrees of similarity-difference in constitutional background and developed or emerging human rights systems.

Keywords: robust human rights governance, fragile states.

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250 Horizontal Dimension of Constitutional Social Rights

Authors: Monika Florczak-Wątor

Abstract:

The main purpose of this paper is to determine the applicability of the constitutional social rights in the so-called horizontal relations, i.e. the relations between private entities. Nowadays the constitutional rights are more and more often violated by private entities and not only by the state. The private entities interfere with the privacy of individuals, limit their freedom of expression or disturb their peaceful gatherings. International corporations subordinate individuals in a way which may limit their constitutional rights. These new realities determine the new role of the constitution in protecting human rights. The paper will aim at answering two important questions. Firstly, are the private entities obliged to respect the constitutional social rights of other private entities and can they be liable for violation of these rights? Secondly, how the constitutional social rights can receive horizontal effect? Answers to these questions will have a significant meaning for the popularisation of the practice of applying the Constitution among the citizens as well as for the courts which settle disputes between them.

Keywords: Constitution, horizontal application, private relations, social rights.

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249 A Constitutional Approach to the Rights to Water and Energy

Authors: Antonios Maniatis

Abstract:

The present paper focuses on human rights to the water and to the energy and has a scope to promote the legal status on sustainable construction. The right to water constitutes a typical example of 3G fundamental rights, like the right to enjoyment of energy, particularly of electricity, whilst the right to energy efficiency is a right of fourth generation. Both rights to water and energy are examined through their consecration in the framework of the above-mentioned generations. It results that not only decision-makers but also citizens should fight for the further consecration and adequate use of these crucial rights, having to do with the urgent problem of climate change and the sustainable development. The time for the principle of water and energy “rule of law” has come.

Keywords: Climate change law, energy (en + ergon) efficiency, fundamental rights, prosumer, water.

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248 Constitutionalisation and Judicial Protection of Social Rights - An Approach to Latin American Case

Authors: German Lopez Daza

Abstract:

Latin America is probably the region with greater social inequality, contrary to the amount of rights enshrined in their constitutions. In the last decade of the twentieth century, the area resulted in significant changes to democratization and constitutional changes. Through low-key public policy, political leaders activated participation in the culture of human rights. The struggle for social rights in Latin America has been a constant regulation. His consecration at the constitutional level has chained search application. The constitutionalization and judicial protection of these rights have been crucial in countries like Argentina, Venezuela, Peru and Colombia. This paper presents an analytical view on the constitutionalization of social rights in the Latin American context and its justiciability.

Keywords: Socials rights, public policy, justiciability, judicial protection, Latin America.

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247 The Exclusion of Consumer Rights in e-Auctions – Is an e-Auction Really an Auction at all?

Authors: Trish O'Sullivan

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This paper considers the exclusion of consumer rights by the New Zealand Consumer Guarantees Act 1993 in eauctions. The paper asserts that the absence of an individual auctioneer conducting each e-auction means that e-auctions may not be auctions at all. The paper also questions the justification for excluding consumer rights in e-auctions because the rationale for excluding consumer rights in traditional auctions does not fit with e-auctions due to the significant differences in the sale processes. The paper recommends reform by way of statutory amendment.

Keywords: auction, auctioneer, consumer rights, e-auction.

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246 A Comparative Cross-sectional Study of Religious Behavior in High School and University Students

Authors: Bahram Esmaeili, Hossein Hosseini, Mohammad Sharifi Bohloli, Hamid Reza Imani Far, Sohrab Sadeghi

Abstract:

The purpose of this study was to investigate the religious behavior of students in high school and universality in Lamerd , a town in the south of Iran, with respect to increase in their level of education and age. The participants were 450 high school and university students in all levels from first year of junior high school to the senior university students who were chosen through multistage cluster sampling method and their religious behavior was studied. Through the revised questionnaire by Nezar Alany from the University of Bahrain (r = 0/797), the religious behavior of the subjects were analyzed. Results showed that students in high school in religious behavior were superior to the students of university (003/0>p) and there was a decline of religious behavior in junior high school third year students to second students of the same school (042/0>p). More important is that the decrease in religious behavior was associated with increase in educational levels (017/0>p) and age (043/0>p).

Keywords: Academic achievement, education level, religion

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245 Work and Religion: Artificial Dichotomy or Competing Interests?

Authors: Philip T. Roundy

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Prior research has examined the relationship between religiosity, religious involvement, and involvement in secular, civic organizations. However, research has not examined the influence of religious involvement on secular, non-civic organizations (i.e. work organizations). This study examines the link between religiosity, religious involvement, and the three-component model of organizational commitment. More specifically, the author hypothesizes that individuals high in religiosity (and religious involvement) will have lower affective, continuance, and normative commitment than less religious (or non-religious) individuals. In addition, it is hypothesized that this relationship is moderated by a third factor: organizational spirituality. Further, the author hypothesizes that for organizations that are spiritual the negative relationship between religiosity and job commitment will be weakened or even negated.

Keywords: Job Commitment, Organizational Spirituality, Religiosity.

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244 The U.S. and Central Asia: Religion, Politics, Ideology

Authors: Zhanar Aldubasheva, Elnura Assyltayeva, Mukhtar Senggirbay, Gаzizа Aldubаshovа

Abstract:

Numerous facts evidence the increasing religiosity of the population and the intensification of religious movements in various countries in the last decade of the 20th century. The number of international religious institutions and foundations; religious movements; parties and sects operating worldwide is increasing as well. Some ethnic and inter-state conflicts are obviously of a religious origin. All of this make a number of analysts to conclude that the religious factor is becoming an important part of international life, including the formation and activities of terrorist organizations. Most of all is said and written about Islam, the second, after Christianity, world religions professed according to various estimates by 1.5 bln. individuals in 127 countries.

Keywords: USA, Central Asia, Religion, Politics, Ideology Terrorism, Regional Security

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243 Constitutional Complaint as an Instrument of Fulfilling the Worker ׳s Rights in Croatian Legal System

Authors: Dragana Bjelić, Mirela Mezak Stastny

Abstract:

This paper begins with formal defining of human rights and freedoms, and the basic document regarding the said subject is undoubtedly French Declaration of the Rights of Man and of the Citizen from 789. This paper furthermore parses legal sources relevant for the workers' rights in legal system of the Republic of Croatia, international contracts and the Labour Act, which is also a master bill regarding workers' rights The authors are also dealing with issues of Constitutional Court of the Republic of Croatia and its' position in judicial system of the Republic of Croatia, as well as with the specifics of Constitutional Complaint, and the crucial part of the paper is based on the research conducted with an aim to determine implementation of rights and liberties guaranteed by the articles 54. and 55. of the Constitution of the Republic of Croatia by means of Constitutional Complaint.

Keywords: a right to work, a freedom of work, Constitutional Court of Republic of Croatia, Constitutional Complaint.

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242 Towards Good Accountability: The Role of Accounting in Islamic Religious Organisations

Authors: Hasan Basri Afifuddin, A.K Siti-Nabiha

Abstract:

Non-profit organizations, especially religious-based institutions, have long played a very important role in society. Nevertheless, scandals such as inefficient management and the use of unlawful fundraising activities have raised questions regarding the governance and accountability of these organizations. As such, the issues have attracted considerable research interest. However, there is still limited research on accountability in religious based organizations, especially in the context of Islamic religious organizations. Hence, the purpose of this paper is to discuss the issues of accounting and accountability in religious organizations, specifically in Islamic religious establishments. The paper starts by looking at the conventional meaning and concept of accountability. This is followed by a discussion of the principles of accountability within the Islamic framework. In so doing, the history of the role of accounting within Muslim society and also the differences between the Islamic and conventional view of accountability are reviewed. Insights gained from previous research on accountability in faith based organizations are also discussed

Keywords: Accountability, accounting, Islam, religiousorganization.

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241 The Challenges of Hyper-Textual Learning Approach for Religious Education

Authors: Elham Shirvani–Ghadikolaei, Seyed Mahdi Sajjadi

Abstract:

State of the art technology has the tremendous impact on our life, in this situation education system have been influenced as well as. In this paper, tried to compare two space of learning text and hypertext with each other, and some challenges of using hypertext in religious education. Regarding the fact that, hypertext is an undeniable part of learning in this world and it has highly beneficial for the education process from class to office and home. In this paper tried to solve this question: the consequences and challenges of applying hypertext in religious education. Also, the consequences of this survey demonstrate the role of curriculum designer and planner of education to solve this problem.

Keywords: Hyper-textual, education, religious text, religious education.

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240 The Relationship of Emotional Intelligence, Perceived Stress, Religious Coping with Psychological Distress among Afghan Students

Authors: Mustafa Jahanara

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The aim of present research was to study of the relationship between emotional intelligence, perceived stress, positive religious coping with psychological distress to in a sample of undergraduate students in Polytechnic University in Kabul. One hundred and fifty-tow students (102 male, 50 female) were included in this study. All participants completed the Emotional Intelligence Scale (EIS), General Health Questionnaire (GHQ 12), Perceived Stress Scale (PSS-10), and the Brief RCOPE. The results revealed that EI was negatively associated with perceived stress and psychological distress. Also emotional intelligence was positively correlated with positive religious coping. Perceived stress was positive related with psychological distress and negatively correlated with positive religious coping. Eventually positive religious coping was significantly and negatively correlated with psychological distress. However, emotional intelligence and positive religious coping could influence on mental health.

Keywords: Emotional intelligence, perceived stress, positive religious coping, psychological distress.

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239 Analyzing Culture as an Obstacle to Gender Equality in a Non-Western Context: Key Areas of Conflict between International Women’s Rights and Cultural Rights in South Sudan

Authors: C. Leiber

Abstract:

International human rights treaties ensure basic rights to all people, regardless of nationality. These treaties have developed in a predominantly Western environment, and their implementation into non-western contexts often raises questions of the transfer-ability of value systems and governance structures. International human rights treaties also postulate the right to the full enjoyment and expression of one’s own culture, known as cultural rights. Many cultural practices and traditions in South Sudan serve as an obstacle to the adaptation of human rights and internationally agreed-upon standards, specifically those pertaining to women’s rights and gender equality. This paper analyzes the specific social, political, and economic conflicts between women’s rights and cultural rights within the context of South Sudan’s evolution into a sovereign nation. It comprehensively evaluates the legal status of South Sudanese women and –based on the empirical evidence- assesses gender equality in four key areas: Marriage, Education, Violence against Women, and Inheritance. This work includes an exploration into how South Sudanese culture influences, and indeed is intertwined with, social, political, and economic spheres, and how it limits gender equality and impedes the full implementation of international human rights treaties. Furthermore, any negative effects which systemic gender inequality and cultural practices that are oppressive to women have on South Sudan as a developing nation are explored. Finally, those areas of conflict between South Sudanese cultural rights and international women’s rights are outlined which can be mitigated or resolved in favor of elevating gender equality without imperializing or destroying South Sudanese culture.

Keywords: Cultural rights, gender equality, international human rights, South Sudan.

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238 Religion and the Constitutional Regulation

Authors: Valbona Metaj

Abstract:

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

Keywords: Constitution, religion, religious freedom, secular.

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237 Women's Religiosity as a Factor in the Persistence of Religious Traditions: Kazakhstan, the XX Century

Authors: G. E. Nadirova, B. Zh. Aktaulova

Abstract:

The main question of the research is - how did the Kazakhs manage to keep their religious thinking in the period of active propaganda of Soviet atheism, for seventy years of struggle against religion with the involvement of the scientific worldview as the primary means of proving the absence of the divine nature and materiality of the world?

Our hypothesis is that In case of Kazakhstan the conservative female religious consciousness seems to have been a factor that helped to preserve the “everyday” religiousness of Kazakhs, which was far from deep theological contents of Islam, but able to revive in a short time after the decennia of proclaimed atheism.

Keywords: Woman, Religious thinking, Kazakhstan, Soviet ideology, Rituals, Family.

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236 Human Rights in Armed Conflicts and Constitutional Law

Authors: Antonios Maniatis

Abstract:

The main purpose of this paper is to determine the impact of both International Humanitarian Law and anti-piracy International Law on Constitutional Law. International Law is endowed with a rich set of norms on the protection of private individuals in armed conflicts and copes with the diachronic crime of maritime piracy, which may be considered as a private war in the high seas. Constitutional Law has been traditionally geared at two generations of fundamental rights. The paper will aim at answering the question “Which is the profile of 3G constitutional rights, particularly in the light of International Humanitarian Law?”

Keywords: Constitution, Humanitarian International Law, Piracy, 3G fundamental rights.

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235 Reviewing the Relation of Language and Minorities' Rights

Authors: Mohsen Davarzani, Ehsan Lame, Mohammad Taghi Hassan Zadeh

Abstract:

Language is considered as a powerful and outstanding feature of ethnicity. However, humiliating and prohibiting using human language is one the most heinous and brutal acts in the form of racism. In other words, racism can be a product of physiological humiliations and discrimination, such as skin color, and can also be resulted from ethnic humiliation and discrimination such as language, customs and so on. Ethnic and racial discrimination is one of the main problems of the world that minorities and occasionally the majority have suffered from. Nowadays, few states can be found in which all individuals and its citizens are of the same race and ethnicity, culture and language. In these countries, referred to as the multinational states, (eg, Iran, Switzerland, India, etc.), there are the communities and groups which have their own linguistic, cultural and historical characteristics. Characteristics of human rights issues, diversity of issues and plurality of meanings indicate that they appear in various aspects. The states are obliged to respect, as per national and international obligations, the rights of all citizens from different angles, especially different groups that require special attention in order of the particular aspects such as ethnicity, religious and political minorities, children, women, workers, unions and in case the states are in breach of any of these items, they are faced with challenges in local, regional or international fields.

Keywords: Law, language, minorities, ethnicity.

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234 The Effect of Religious Tourist Motivation and Satisfaction on Behavioral Intention

Authors: Tao Zhang, Nan Yan

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In recent years, the Chaoshan area, a special place located in the southeast of Guangdong province in China, actively protects religious heritage and is developing religious tourism, which is attracting many expatriate Chinese who are coming back for travel and to worship. This paper discussed three questions. Firstly, what is the current situation about the different social background of tourists’ motivation, satisfaction and behavioral intention? Secondly, is there a relationship between the motivation, satisfaction and behavioral intention and the different social backgrounds of tourists? Thirdly, what is the relationship between religious tourists’ motivation, satisfaction and behavioral intention? The research methods use a combination of qualitative analysis and quantitative analysis. Qualitative analysis uses the method of observation and interviews. Convenient sampling technique was used for quantitative analysis. The study showed that the different social backgrounds of tourists’ forms diverse cognition and experiences about religious tourism, and their motivations, satisfaction and behavioral intention as tourists vary. Tourists’ motivation and satisfaction has a positive phase relation. Tourists’ motivation with satisfaction as the intervening variable also has a positive phase effect on tourists’ behavior intention. The result shows that religious tourists’ motivations include experiencing a religious atmosphere, and having a rest and recreation. The result also shows that religious tourists want to travel with their family members and friends. While traveling, religious tourists like to talk with Buddhist monks or nuns. Compared to other tourism types, religious tourists have higher expectations about temple environment, traveling experience, peripheral service and temple management.

Keywords: Behavioral intension, motivation, religious tourism, satisfaction.

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233 Legal Knowledge of Legislated Employment Rights: An Empirical Study

Authors: Hapriza Ashari, Nik Ahmad Kamal Nik Mahmod

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This article aims to assess the level of basic knowledge of statutory employment rights at the workplace as prescribed by the Malaysian Employment Act 1955. The statutory employment rights comprises of a variety of individual employment rights such as protections of wages, statutory right to the general standard of working time, statutory right to rest day, public holidays, annual leave and sick leave as well as female employee’s statutory right to paid maternity leave. A field survey was carried out to collect data by using self-administered questionnaires from Human Resource (HR) practitioners in the small and medium-sized enterprises (SMEs). The results reveal that the level of basic knowledge of legislated employment rights varies between different types of statutory rights from high level to low level.

Keywords: Employment legislation, Human Resource (HR) practitioner, legal knowledge, small and medium-sized enterprises (SMEs).

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232 A Robust Implementation of a Building Resources Access Rights Management System

Authors: E. Neagoe, V. Balanica

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A Smart Building Controller (SBC) is a server software that offers secured access to a pool of building specific resources, executes monitoring tasks and performs automatic administration of a building, thus optimizing the exploitation cost and maximizing comfort. This paper brings to discussion the issues that arise with the secure exploitation of the SBC administered resources and proposes a technical solution to implement a robust secure access system based on roles, individual rights and privileges (special rights).

Keywords: Access authorization, smart building controller, software security, access rights.

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231 The Employee's Right to Observe the Religious Worship Day: Position of the Portuguese Constitutional Court

Authors: Susana Sousa Machado

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The present article seeks to carry out along the lines of interpretation of the recent Portuguese Constitutional Court case law on the possibility of an employee to observe a worship day imposed by religious beliefs. In this approach to the question, considerations on the subject of the relationship between religious freedom and labour relations will inevitably arise. We intend to draw conclusions of practical application from the court decisions on the matter of freedom of religion.

Keywords: Freedom of Religion, Religion Beliefs, Workplace, Worship Day.

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230 Models of Copyrights System

Authors: A. G. Matveev

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The copyrights system is a combination of different elements. The number, content and the correlation of these elements are different for different legal orders. The models of copyrights systems display this system in terms of the interaction of economic and author's moral rights. Monistic and dualistic models are the most popular ones. The article deals with different points of view on the monism and dualism in copyright system. A specific model of the copyright in Switzerland in the XXth century is analyzed. The evolution of a French dualistic model of copyright is shown. The author believes that one should talk not about one, but rather about a number of dualism forms of copyright system.

Keywords: Copyright, exclusive copyright, economic rights, author's moral rights, rights of personality, monistic model, dualistic model.

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229 Promoting Open Educational Resources (OER) in Theological/Religious Education in Nigeria

Authors: Miracle Ajah

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One of the biggest challenges facing Theological/ Religious Education in Nigeria is access to quality learning materials. For instance at the Trinity (Union) Theological College, Umuahia, it was difficult for lecturers to access suitable and qualitative materials for instruction especially the ones that would suit the African context and stimulate a deep rooted interest among the students. Some textbooks written by foreign authors were readily available in the School Library, but were lacking in the College bookshops for students to own copies. Even when the College was able to order some of the books from abroad, it did not usher in the needed enthusiasm expected from the students because they were either very expensive or very difficult to understand during private studies. So it became necessary to develop contextual materials which were affordable and understandable, though with little success. The National Open University of Nigeria (NOUN)’s innovation in the development and sharing of learning resources through its Open Courseware is a welcome development and of great assistance to students. Apart from NOUN students who could easily access the materials, many others from various theological/religious institutes across the nation have benefited immensely. So, the thesis of this paper is that the promotion of open educational resources in theological/religious education in Nigeria would facilitate a better informed/equipped religious leadership, which would in turn impact its adherents for a healthier society and national development. Adopting a narrative and historical approach within the context of Nigeria’s educational system, the paper discusses: educational traditions in Nigeria; challenges facing theological/religious education in Nigeria; and benefits of open educational resources. The study goes further to making recommendations on how OER could positively influence theological/religious education in Nigeria. It is expected that theologians, religious educators, and ODL practitioners would find this work very useful.

Keywords: Nigeria, OER, religious education, theological education.

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228 Dignity and Suffering: Reading of Human Rights in Untouchable by Anand

Authors: Norah A. Elgibreen

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Cultural stories are political. They register cultural phenomena and their relations with the world and society in term of their existence, function, characteristics by using different context. This paper will provide a new way of rethinking which will help us to rethink the relationship between fiction and politics. It discusses the theme of human rights and it shows the relevance between art and politics by studying the civil society through a literary framework. Reasons to establish a relationship between fiction and politics are the relevant themes and universal issues among the two disciplines. Both disciplines are sets of views and ideas formulated by the human mind to explain political or cultural phenomenon. Other reasons are the complexity and depth of the author-s vision, and the need to explain the violations of human rights in a more active structure which can relate to emotional and social existence.

Keywords: dignity, human rights, politics and literature, Untouchable.

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227 Religion and Sustainable Development: A Comparative Study of Buddhist and Christian Farmers’ Contribution to the Environmental Protection in Taiwan

Authors: Jijimon Alakkalam Joseph

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The UN 2030 Agenda for Sustainable Development claims to be a comprehensive and integrated plan of action for prosperity for people and the planet, including almost all dimensions of human existence. Nevertheless, the religious dimension of human existence has been kept away from development discussions. Care for the earth is one of the vital aspects of sustainable development. Farmers all over the world contribute much to environmental protection. Most farmers are religious believers and religious ideologies influence their agricultural practices. This nexus between faith and agriculture has forced policymakers to include religion in development discussions. This paper delves deeper into this religion and sustainable development connection. Buddhism and Christianity have contributed much to environmental protection in Taiwan. However, interviews conducted among 40 Taiwanese farmers (10 male and female farmers from Buddhism and Christianity) show that their faith experiences make them relate to the natural environment differently. Most of the Buddhist farmers interviewed admitted that they chose their religious adherence, while most of the Christian farmers inherited their faith. The in-depth analysis of the interview data collected underlines the close relationship between religion and sustainable development. More importantly, concerning their intention to care for the earth, farmers whose religious adherence is ‘chosen’ are self-motivated and more robust compared to those whose religious adherence is ‘inherited’.

Keywords: Buddhism, Christianity, environmental protection, sustainable development.

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226 Oakes Test and Proportionality Test: Balance between the Practical Costs of Limiting Rights and the Benefits Arising from the Law

Authors: Rafael Tedrus Bento

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The analysis of proportionality as a test is raised as a basic foundation for the achievement of Fundamental Rights. We used legal dogmatics and empirical analysis to seek the expected results, from the reading of the RV Oakes trial by the Supreme Court of Canada. In cases involving freedom of expression, two tests are used to resolve disputes. The first examines whether, in fact, the case can be characterized as a violation of freedom of expression; the second assesses whether this violation can be justified by the reasonable limit clause. This test was defined in the RV Oakes trial by the Supreme Court of Canada, concluding with the Oakes Test, used worldwide as a proportionality test. Resulting is a proportionality between the effects of the limiting measure and the objective - the more serious the harmful effects of a measure, the more important the objective must be.

Keywords: Oakes, proportionality. fundamental rights, Canadian Charter of Rights and Freedoms.

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225 Islam and Values of Kazakh Culture

Authors: Kairat Zatov, Tursun Gabitov, Maral Botaeva, Moldagaliyev Bauyrzhan, Saira Shamahay

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Unlike Christianity and Buddhism, Islam, being one of the three universal world religions, actively penetrates into people-s everyday life. The main reason for this is that in Islam the religion and ideology, philosophy, religious organizations and state bodies are closely interrelated. In order to analyze the state of being of interrelations of religion and civil society in Kazakhstan, it is necessary to study Islam and its relations with spiritual culture of the society. According to the Constitution of the Republic of Kazakhstan the religion is separated from the state, i.e. each performs its own function without interfering into each other-s affairs. The right of the citizens of our republic to freedom of thinking and faith is based on the Constitution of the RK, Civil Code, Law “On freedom of faith and religious unions in the Republic of Kazakhstan". Legislatively secured separation of the mosque and church from the state does not mean that religion has no influence on the latter. The state, consisting of citizens with their own beliefs, including religious ones, cannot be isolated from the influence of religion. Nowadays it is commonly accepted that it is not possible to understand and forecast key social processes without taking into account the religious factor.

Keywords: Kazakhstan, Islam, Shamanism, tradition and innovation, fundamentalism, religious culture, spirit worship, tolerance, sectarianism, extremism and civilization.

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