Search results for: theories of rights
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 376

Search results for: theories of rights

376 Learning Theories within Coaching Process

Authors: P. Fazel

Abstract:

These days we face with so many advertisements in magazines, those mentioned coaching is pragmatic specialties which help people make change in their lives. Up to know Specialty coaches are not necessarily therapists, consultants or psychologist, thus they may not know psychological theories. The International Coach Federation identifies "facilitating learning and results" as one of its four core coach competencies, without understanding learning theories coaching practice hangs in theoretical abyss. Thus the aim of this article is investigating learning theories within coaching process. Therefore, I reviewed some cognitive and behavioral learning theories and analyzed their contribution with coaching process which has been introduced in mentor coaches and ICF certified coaches' papers and books. The result demonstrated that coaching profession is strongly grounded in learning theories, and it will be strengthened by the validation of theories and evidence-based research as we move forward. Thus, it needs more research in order to applying effective theoretical frameworks.

Keywords: Coaching, Learning theories. Cognitive learning theories, behavioral learning theories.

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375 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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374 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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373 The Uses of Conspiracy Theories for the Construction of a Political Religion in Venezuela

Authors: Hugo Antonio Pérez Hernáiz

Abstract:

This article analyses conspiracy theories as part of the wider discourses of missionary politics. It presents a case study of Venezuela and describes how its leaders use conspiracy theories as political tools. Through quotes taken form Venezuelan president Chavez-s public speeches and other sources, and through a short analysis of the ideological basis of his discourses, it shows how conspiracy theories are constructed and how they affect the local political praxis. The article also describes how conspiracy theories have been consistently used as an important part of the construction of a political religion for the New Man of the Bolivarian Revolution. It concludes that the use of conspiracy theories by political leaders produces a sense of loss of political agency.

Keywords: Conspiracy Theories, Venezuela, Institutions, Agency, Revolutions, Political Religion, New Man.

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372 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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371 A Review of Existing Turnover Intention Theories

Authors: Pauline E. Ngo-Henha

Abstract:

Existing turnover intention theories are reviewed in this paper. This review was conducted with the help of the search keyword “turnover intention theories” in Google Scholar during the month of July 2017. These theories include: The Theory of Organizational Equilibrium (TOE), Social Exchange Theory, Job Embeddedness Theory, Herzberg’s Two-Factor Theory, the Resource-Based View, Equity Theory, Human Capital Theory, and the Expectancy Theory. One of the limitations of this review paper is that data were only collected from Google Scholar where many papers were sometimes not freely accessible. However, this paper attempts to contribute to the research in clarifying the distinction between theories and models in the context of turnover intention.

Keywords: Job embeddedness theory, theory of organizational equilibrium (TOE), Herzberg’s two-factor theory, turnover intention theories, theories and models.

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370 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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369 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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368 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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367 The Exclusion of Consumer Rights in e-Auctions – Is an e-Auction Really an Auction at all?

Authors: Trish O'Sullivan

Abstract:

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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366 News Media in Arab Societies

Authors: B. Al-Jenaibi

Abstract:

The paper examines the theories of media, dominant effects and critical and cultural theories that are used to examine media and society issues, and then apply the theories to explore the current situation of news media in Arab societies. The research is meant to explore the nature of media in the Arab world and the way that modern technologies have changed the nature of the Arab public sphere. It considers the role of an open press in promoting a more democratic society, while recognizing the unique qualities of an Arab culture.

Keywords: Arab media and effects theory, Arab new media, Al-Jazeera channel and critical and cultural theories of communication.

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365 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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364 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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363 An Empirical Investigation of Montesquieu’s Theories on Climate

Authors: Lisa J. Piergallini

Abstract:

This project uses panel regression analyses to investigate the relationships between geography, institutions, and economic development, as guided by the theories of the 18th century French philosopher Montesquieu. Contemporary scholars of political economy perpetually misinterpret Montesquieu’s theories on climate, and in doing so they miss what could be the key to resolving the geography vs. institutions debate. There is a conspicuous gap in this literature, in that it does not consider whether geography and institutors might have an interactive, dynamic effect on economic development. This project seeks to bridge that gap. Data are used for all available countries over the years 1980-2013. Two interaction terms between geographic and institutional variables are employed within the empirical analyses, and these offer a unique contribution to the ongoing geography vs. institutions debate within the political economy literature. This study finds that there is indeed an interactive effect between geography and institutions, and that this interaction has a statistically significant effect on economic development. Democracy (as measured by Polity score) and rule of law and property rights (as measured by the Fraser index) have positive effects on economic development (as measured by GDP per capita), yet the magnitude of these effects are stronger in contexts where a low percent of the national population lives in the geographical tropics. This has implications for promoting economic development, and it highlights the importance of understanding geographical context.

Keywords: Montesquieu, geography, institutions, economic development, political philosophy, political economy.

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362 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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361 Legal Knowledge of Legislated Employment Rights: An Empirical Study

Authors: Hapriza Ashari, Nik Ahmad Kamal Nik Mahmod

Abstract:

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

Authors: E. Neagoe, V. Balanica

Abstract:

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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359 Is E-learning Based On Learning Theories? A Literature Review

Authors: Apostolia Pange, Jenny Pange

Abstract:

E-learning aims to build knowledge and skills in order to enhance the quality of learning. Research has shown that the majority of the e-learning solutions lack in pedagogical background and present some serious deficiencies regarding teaching strategies and content delivery, time and pace management, interface design and preservation of learners- focus. The aim of this review is to approach the design of e-learning solutions with a pedagogical perspective and to present some good practices of e-learning design grounded on the core principles of Learning Theories (LTs).

Keywords: design principles, e-learning, Learning Theories

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358 Legal Theories Underpinning Access to Justice for Victims of Sexual Violence in Refugee Camps in Africa

Authors: O. E. Eberechi, G. P. Stevens

Abstract:

Legal theory has been referred to as the explanation of why things do or do not happen. It also describes situations and why they ensue. It provides a normative framework by which things are regulated and a foundation for the establishment of legal mechanisms/institutions that can bring about a desired change in a society. Furthermore, it offers recommendations in resolving practical problems and describes what the law is, what the law ought to be and defines the legal landscape generally. Some legal theories provide a universal standard, e.g. human rights, while others are capable of organizing and streamlining the collective use, and, by extension, bring order to society. Legal theory is used to explain how the world works and how it does not work. This paper will argue for the application of the principles of legal theory in the achievement of access to justice for female victims of sexual violence in refugee camps in Africa through the analysis of legal theories underpinning the access to justice for these women. It is a known fact that female refugees in camps in Africa often experience some form of sexual violation. The perpetrators of these incidents may never be apprehended, prosecuted, convicted or sentenced. Where prosecution does occur, the perpetrators are either acquitted as a result of poor investigation, inept prosecution, a lack of evidence, or the case may be dismissed owing to tardiness on the part of the prosecutor, which accounts for the culture of impunity in refugee camps. In other words, victims do not have access to the justice that could ameliorate the plight of the victims. There is, thus, a need for a legal framework that will facilitate access to justice for these victims. This paper will start with an introduction, and be followed by the definition of legal theory, its functions and its application in law. Secondly, it will provide a brief explanation of the problems faced by female refugees who are victims of sexual violence in refugee camps in Africa. Thirdly, it will embark on an analysis of theories which will be a help to an understanding of the precarious situation of female refugees, why they are violated, the need for access to justice for these victims, and the principles of legal theory in its usefulness in resolving access to justice for these victims.

Keywords: Access to justice, underpinning legal theory, refugee, sexual violence.

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357 A Review of the Theoretical Context of the Role of Innovation in Economic Development

Authors: Maria E. Eggink

Abstract:

It is the aim of this paper to place the role of innovation in economic development in its theoretical context through a literature review. The review compares classical economic theory and the neoclassical theories of “equilibrium in the markets” and “perfectly competitive markets” with the Schumpeterian theory. It was found that Schumpeter’s role in contributing towards economic development theories, and by creating awareness of the role of innovation in these theories is of immeasurable importance. His contribution led to a change in economic thinking, although this was only realized much later than when his theories were first published. The neo-Schumpeterian thinking expanded on the Schumpeterian theory by studying innovation within a system of interaction among different role players. Studies on innovation should be founded in the neo-Schumpeterian school of thought in order to accommodate the complexity of the innovation system concept.

Keywords: Economic development, evolutionary economics, innovation, Schumpeter.

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356 Models of Copyrights System

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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355 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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354 Mathematical Models for Overall Gas Transfer Coefficient Using Different Theories and Evaluating Their Measurement Accuracy

Authors: Shashank.B. Thakre, Lalit.B. Bhuyar, Samir.J. Deshmukh

Abstract:

Oxygen transfer, the process by which oxygen is transferred from the gaseous to liquid phase, is a vital part of the waste water treatment process. Because of low solubility of oxygen and consequent low rate of oxygen transfer, sufficient oxygen to meet the requirement of aerobic waste does not enter through normal surface air water interface. Many theories have come up in explaining the mechanism of gas transfer and absorption of non-reacting gases in a liquid, of out of which, Two film theory is important. An exiting mathematical model determines approximate value of Overall Gas Transfer coefficient. The Overall Gas Transfer coefficient, in case of Penetration theory, is 1.13 time more than that obtained in case of Two film theory. The difference is due to the difference in assumptions in the two theories. The paper aims at development of mathematical model which determines the value of Overall Gas Transfer coefficient with greater accuracy than the existing model.

Keywords: Theories, Dissolved oxygen, Mathematical model, Gas Transfer coefficient, Accuracy.

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

Authors: Norah A. Elgibreen

Abstract:

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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352 Reconsidering the Legitimacy of Capital Punishment in the Interpretation of the Human Right to Life in the Two Traditional Approaches

Authors: Yujie Zhang

Abstract:

There are debates around the legitimacy of capital punishment, i.e., whether death could serve as a proper execution in our legal system or not. Different arguments have been raised. However, none of them seem able to provide a determined answer to the issue; this results in a lack of instruction in the legal practice. This article, therefore, devotes itself to the effort to find such an answer. It takes the perspective of rights, through interpreting the concept of right to life, which capital punishment appears to be in confliction with in the two traditional approaches, to reveal a possibly best account of the right and its conclusion on capital punishment. However, this effort is not a normative one which focuses on what ought to be. It means the article does not try to work out which argument we should choose and solve the hot debate on whether capital punishment should be allowed or not. It, again, does not propose which perspective we should take to approach this issue or generally which account of right must be better; rather, it is more a thought experiment. It attempts to raise a new perspective to approach the issue of the legitimacy of capital punishment. Both its perspective and conclusion therefore are tentative: what if we view this issue in a way we have never tried before, for example the different accounts of right to life? In this sense, the perspective could be defied, while the conclusion could be rejected. Other perspectives and conclusions are also possible. Notwithstanding, this tentative perspective and account of the right still could not be denied from serving as a potential approach, since it does have the ability to provide us with a determined attitude toward capital punishment that is hard to achieve through existing arguments.

Keywords: Capital punishment, right to life, theories of rights, the choice theory.

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

Authors: Rafael Tedrus Bento

Abstract:

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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350 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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349 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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348 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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347 Educators’ Adherence to Learning Theories and Their Perceptions on the Advantages and Disadvantages of e-Learning

Authors: Samson T. Obafemi, Seraphin D. Eyono Obono

Abstract:

Information and Communication Technologies (ICTs) are pervasive nowadays, including in education where they are expected to improve the performance of learners. However, the hope placed in ICTs to find viable solutions to the problem of poor academic performance in schools in the developing world has not yet yielded the expected benefits. This problem serves as a motivation to this study whose aim is to examine the perceptions of educators on the advantages and disadvantages of e-learning. This aim will be subdivided into two types of research objectives. Objectives on the identification and design of theories and models will be achieved using content analysis and literature review. However, the objective on the empirical testing of such theories and models will be achieved through the survey of educators from different schools in the Pinetown District of the South African Kwazulu-Natal province. SPSS is used to quantitatively analyse the data collected by the questionnaire of this survey using descriptive statistics and Pearson correlations after assessing the validity and the reliability of the data. The main hypothesis driving this study is that there is a relationship between the demographics of educators’ and their adherence to learning theories on one side, and their perceptions on the advantages and disadvantages of e-learning on the other side, as argued by existing research; but this research views these learning theories under three perspectives: educators’ adherence to self-regulated learning, to constructivism, and to progressivism. This hypothesis was fully confirmed by the empirical study except for the demographic factor where teachers’ level of education was found to be the only demographic factor affecting the perceptions of educators on the advantages and disadvantages of e-learning.

Keywords: Academic performance, e-learning, Learning theories, Teaching and Learning.

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