Search results for: author's moral rights

Authors: A. G. Matveev

Abstract:

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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Authors: Michelle J. Miller

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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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Authors: Ilda Muçmataj, Anjeza Liçenji, Borana Kalemi

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Copyright and related rights have been pivotal in driving the economic growth of nations worldwide and fostering culture and new forms of entertainment. The introduction of the internet and technological advancement has significantly expanded the opportunities for creators and rights holders to promote their works and boost their revenues. However, this digital era has also brought about complex challenges, leading to a more extensive range of copyright infringement, primarily due to the substantial surge in piracy and counterfeiting. Despite being reported internationally, the mechanisms to tackle and the responsibility for enforcing copyright infringements often remain rooted in national jurisdictions, resulting in a gap between the scale of the problem and the efficacy of enforcement measures. Thus, it is essential to ensure adequate legal protection, a vital safeguard for authors' economic and moral interests, information security, innovative development promotion, and intellectual creativity preservation. This paper describes Albanian criminal law-based copyright enforcement legislation, focusing on doctrinal guidance and practical judicial considerations. Lastly, the paper offers recommendations for enhancing copyright protection and related rights.

Keywords: Author, copyright infringement, copyright, criminal liability, intellectual property, piracy.

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Authors: Mohsen Mahmoud Rowshanzamir

Abstract:

In all his novels, Hawthorne, the American writer, created settings in which his moral concerns could be presented through the actions of his characters. He illustrated his concern over the moral fall of man in the nineteenth century obsession for technological advancement. In “The Blithedale Romance” and “The House of Seven Gable” quite vividly, he pictured individualistic moral vices as the result of outside forces which caused social immorality. “The Marble Faun”, in its own turn, has the same type of social moral concerns to present: the story of nineteenth century modern man and his individualistic moral issues which lead to his social moral fall. He depicted the dominant themes of individualistic moral vices which all lead to social alienation and rejection. He showed hypocrisy and evil intentions as leading to social immoral atmosphere.

Keywords: American literature, immorality, individuals, sin, social moral concerns.

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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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Authors: Yurlov Sergey

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The author examines modern problems of Russian sport legislation and whether it need to be changed in order to allow all sportsmen to participate, train and have another sportsmen’s rights as Russian law mandates. The article provides an overview of Russian sport legislation problems, provides examples of foreign countries. In addition, the author suggests solutions for existing legal problems.

Keywords: Amendment, legal problem, right, sport.

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Authors: Arthur Yan

Abstract:

Recent theorizations on the cognitive process of moral judgment have focused on the role of intuitions and emotions, marking a departure from previous emphasis on conscious, step-by-step reasoning. My study investigated how being in a disgusted mood state affects moral judgment. Participants were induced to enter a disgusted mood state through listening to disgusting sounds and reading disgusting descriptions. Results shows that they, when compared to control who have not been induced to feel disgust, are more likely to endorse actions that are emotionally aversive but maximizes utilitarian return The result is analyzed using the 'emotion-as-information' approach to decision making. The result is consistent with the view that emotions play an important role in determining moral judgment.

Keywords: Disgust, mood induction, moral judgment, emotion-as-information.

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Authors: Nazia Khan

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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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Authors: Helen P. Greatrex

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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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Authors: O. Matarazzo, L. Abbamonte, G. Nigro

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This study aimed at assessing whether and to what extent moral judgment and behaviour were: 1. situation-dependent; 2. selectively dependent on cognitive and affective components; 3. influenced by gender and age; 4. reciprocally congruent. In order to achieve these aims, four different types of moral dilemmas were construed and five types of thinking were presented for each of them – representing five possible ways to evaluate the situation. The judgment criteria included selfishness, altruism, sense of justice, and the conflict between selfishness and the two moral issues. The participants were 250 unpaid volunteers (50% male; 50% female) belonging to two age-groups: young people and adults. The study entailed a 2 (gender) x 2 (age-group) x 5 (type of thinking) x 4 (situation) mixed design: the first two variables were betweensubjects, the others were within-subjects. Results have shown that: 1. moral judgment and behaviour are at least partially affected by the type of situations and by interpersonal variables such as gender and age; 2. moral reasoning depends in a similar manner on cognitive and affective factors; 3. there is not a gender polarity between the ethic of justice and the ethic of cure/ altruism; 4. moral reasoning and behavior are perceived as reciprocally congruent even though their congruence decreases with a more objective assessment. Such results were discussed in the light of contrasting theories on morality.

Keywords: Contextual-pragmatic approach to morality, ethic ofcare, ethic of justice, Kohlbergian approach, moral behaviour, moralreasoning.

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Authors: Nataliya Hitsevich

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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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Authors: Naoki Okamura

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From a perspective of moral education, this study has examined the experiences of a group of college students who volunteered in disaster areas after the magnitude 9.0 Earthquake, which struck the Northeastern region of Japan in March, 2011. The research, utilizing the method of grounded theory, has uncovered that most of the students have gone through positive changes in their development of moral and social characters, such as attaining deeper sense of empathy and caring personalities. The study expresses, in identifying the nature of those transformations, that the importance of volunteer work should strongly be recognized by the colleges and universities in Japan, in fulfilling their public responsibility of creating and building learning communities that are responsible and caring.

Keywords: Moral development, moral education, service learning, volunteer learning.

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Authors: Haitham A. Haloush

Abstract:

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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Authors: Monika Florczak-Wątor

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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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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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Authors: Ghulam Nabi Naz

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After independence, the popular belief that Gandhian will not indulge in corruption got a setback, post-independence setup paved the way for heavy corruption. The menace which would have dealt with strong legal provisions has become a way of life of Indian society. Corruption is recognized as the single biggest problem facing the country today. It undermines democracy and rule of law, violates human rights, distorts market and corrodes the moral fibre of people. The paper discusses the causes and possible remedial measures of corruption and response of people in Indian society. It emphasizes the factors which provide fertile ground for growth of corruption like, degradation of moral values, absence of a strong anti-corruption law and its effective enforcement, accountability, consistency and a defective system of fighting elections. The paper also highlights the reforms necessary for fighting corruption in India.

Keywords: Embezzlement, colonial, licence Raj, good governance, misappropriation, Sangh ideologue, Anna movement.

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Authors: N. Mustamil, M. Quaddus

Abstract:

This research investigates the factors that influence moral judgments when dealing with ethical dilemmas in the organizational context. It also investigates the antecedents of individual ethical ideology (idealism and relativism). A mixed method study, which combines qualitative (field study) and quantitative (survey) approaches, was used in this study. An initial model was developed first, which was then fine-tuned based on field studies. Data were collected from managers in Malaysian large organizations. The results of this study reveal that in-group collectivism culture, power distance culture, parental values, and religiosity were significant as antecedents of ethical ideology. However, direct effects of these variables on moral judgment were not significant. Furthermore, the results of this study confirm the significant effects of ethical ideology on moral judgment. This study provides valuable insight into evaluating the validity of existing theory as proposed in the literature and offers significant practical implications.

Keywords: Antecedents Factors, Ethical Ideology, Mixed Method, Moral Judgment

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Authors: Akram Hatami, Naser Firoozi, Vesa Puhakka

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Ethics and responsibility are rapidly becoming a distinguishing feature of organizations. In this paper, we analyze ethics and responsibility in shadow factories in China. We engage ourselves with Bauman’s moral impulse perspective because his idea can contextualize ethics and responsibility. Moral impulse is a feeling of a selfless, infinite and unconditional responsibility towards, and care for, Others. We analyze a case study from a secondary data source because, for such a critical phenomenon as business ethics in shadow factories, collecting primary data is difficult, since they are unregistered factories. We argue that there has not been enough attention given to the ethics and responsibility in shadow factories in China. Our main goal is to demonstrate that, considering the Other, more importantly the employees, in ethical decision-making is a simple instruction beyond the narrow version of ethics by ethical codes and rules.

Keywords: Moral impulse, responsibility, shadow factories, the other.

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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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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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Authors: Michał Białek, Simon J. Handley

Abstract:

Moral decisions are considered as an intuitive process, while conscious reasoning is mostly used only to justify those intuitions. This problem is described in few different dual-process theories of mind, that are being developed e.g. by Frederick and Kahneman, Stanovich and Evans. Those theories recently evolved into tri-process theories with a proposed process that makes ultimate decision or allows to paraformal processing with focal bias.. Presented experiment compares the decision patterns to the implications of those models. In presented study participants (n=179) considered different aspects of trolley dilemma or its footbridge version and decided after that. Results show that in the control group 70% of people decided to use the lever to change tracks for the running trolley, and 20% chose to push the fat man down the tracks. In contrast, after experimental manipulation almost no one decided to act. Also the decision time difference between dilemmas disappeared after experimental manipulation. The result supports the idea of three co-working processes: intuitive (TASS), paraformal (reflective mind) and algorithmic process.

Keywords: Moral reasoning, moral decision, reflection, trolley problem, dual-process theory of reasoning, tri-process theory of cognition.

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Authors: A. V. Shashkova

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The aim of the present article is to analyze the position of the Constitutional Court of the Russian Federation on the matter of restricting the constitutional rights of citizens to inviolability of professional and banking secrecy in effecting controlling activities. The methodological ground of the present Article represents the dialectic scientific method of the socio-political, legal and organizational processes with the principles of development, integrity, and consistency, etc. The consistency analysis method is used while researching the object of the analysis. Some public-private research methods are also used: the formally-logical method or the comparative legal method, are used to compare the understanding of the ‘secrecy’ concept. The aim of the present article is to find the root of the problem and to give recommendations for the solution of the problem. The result of the present research is the author’s conclusion on the necessity of the political will to improve Russian legislation with the aim of compliance with the provisions of the Constitution. It is also necessary to establish a clear balance between the constitutional rights of the individual and the limit of these rights when carrying out various control activities by public authorities. Attempts by the banks to "overdo" an anti-money laundering law under threat of severe sanctions by the regulators actually led to failures in the execution of normal economic activity. Therefore, individuals face huge problems with payments on the basis of clearing, in addition to problems with cash withdrawals. The Bank of Russia sets requirements for banks to execute Federal Law No. 115-FZ too high. It is high place to attract political will here. As well, recent changes in Russian legislation, e.g. allowing banks to refuse opening of accounts unilaterally, simplified banking activities in the country. The article focuses on different theoretical approaches towards the concept of “secrecy”. The author gives an overview of the practices of Spain, Switzerland and the United States of America on the matter of restricting the constitutional rights of citizens to inviolability of professional and banking secrecy in effecting controlling activities. The Constitutional Court of the Russian Federation basing on the Constitution of the Russian Federation has its special understanding of the issue, which should be supported by further legislative development in the Russian Federation.

Keywords: Bank secrecy, banking information, constitutional court, control measures, financial control, money laundering, restriction of constitutional rights.

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Authors: Rachel C. F. Sun

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This study examined the predictive effects of moral competence, prosocial norms and positive behavior recognition on school misbehavior among Chinese junior secondary school students. Results of multiple regression analysis showed that students were more likely to misbehave in school when they had lower levels of moral competence and prosocial norms, and when they perceived their positive behavior being less likely recognized. Practical implications were discussed on how to guide students to make the right choices to behave appropriately in school. Implications for future research were also discussed.

Keywords: Moral competence, positive behavior recognition, prosocial norms, school misbehavior.

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Authors: Ayman M. Mottaleb

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In conducting a case study to analyze the status-quo of the extremists’ dominance in Egypt, the author of this paper uses qualitative research method to analyze the evolution of extreme Islamist groups in Egypt. In conducting this qualitative research, the author of this paper intends to use several lenses to understand the rise and the evolution of the hegemony of extremist groups, such as the Muslim Brotherhood and other groups in Egypt. Therefore, unless he intends to show an important nexus between the Egyptian groups and their sister-groups in other countries, he will intentionally exclude analyzing extreme Islamism of non-Egyptian origins. This case study relies on the moral disengagement theory to shed light on the ideological evolution of extremism in Egypt. The goal of this case study is to help in understanding extreme-Islamism adverse to the mainstream Islam; therefore, understanding the concept here should help in preventing similar groups from threatening the international community.

Keywords: Extremism, International Terrorism, Islamists, Middle East, Muslim Brotherhood.

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Authors: Dragana Bjelić, Mirela Mezak Stastny

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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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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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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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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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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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Authors: Merve Gücen

Abstract:

One of the aims of education is to educate individuals who have embraced universal moral principles and transform universal moral principles into moral values. Character education aims to educate behaviors of individuals in their mental activities to transform moral principles into moral values in their lives. As the result of this education, individuals are expected to develop positive character traits and become morally indifferent individuals. What are the characteristics of the factors that influence character education at this stage? How should character education help individuals develop positive character traits? Which methods are more effective? These questions come to mind when studying character education. Our research was developed within the framework of these questions. The aim of our study is to provide the most effective use of the education factor that affects character. In this context, we tried to explain character definition, character development, character education and the factors affecting character education using qualitative research methods. At this stage, character education programs applied in various countries were examined and a character education program consisting of Islamic values was prepared and implemented in an International Imam Hatip High School in Istanbul. Our application was carried out with the collaboration of school and families. Various seminars were organized in the school and participation of families was ensured. In the last phase of our study, we worked with the students and their families on the effectiveness of the events held during the program. In this study, it was found that activities such as storytelling and theater in character education programs were effective in recognizing wrong behaviors in individuals. It was determined that our program had a positive effect on the quality of education. It was seen that applications of this educational program affected the behavior of the employees in the educational institution.

Keywords: Character development, values education, family activities, education program.

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