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Journal articles on the topic 'Rights and knowledge about nature'
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1
Jerome, Lee, Anna Liddle, and Helen Young. "Talking about rights without talking about rights: on the absence of knowledge in classroom discussions." Human Rights Education Review 4, no. 1 (March 11, 2021): 8–26. http://dx.doi.org/10.7577/hrer.3979.
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This article reports on research in three secondary schools in England where students were engaged in deliberative discussion of controversial issues. The teaching resources used illustrated rights-based dilemmas and the data analysis focused on the nature of the talk and the types of knowledge the students drew upon to inform their discussions. The article shares four insights: (i) there is a need to be more explicit about what constitutes human rights knowledge; (ii) human rights education requires the development of political understanding, which moves beyond individual empathy; (iii) educators need to value the process of deliberative discussions and avoid a push for conclusive answers; (iv) students need support to draw on knowledge from a range of disciplines. If these issues are not addressed, some students are able to engage in rights-based discussions with little knowledge and understanding of rights.
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Sleptsov, Anatoly N., Irina A. Sleptsova, Antonina A. Vinokurova, and Alina A. Nakhodkina. "Arctic Indigenous Peoples and Intellectual Property Law." Sibirica 21, no. 3 (December 1, 2022): 195–203. http://dx.doi.org/10.3167/sib.2022.210309.
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Abstract This article deals with current issues regarding the protection of the traditional cultural expression and traditional knowledge of indigenous peoples of the Russian Arctic in the context of intellectual property rights. The relevant problem in terms of legal regulation is the collective nature of intellectual property rights for indigenous peoples, since we are talking about a society whose composition is constantly changing as some members are born and others die. Still, rights relating to cultural heritage belong to the people as bearers of their tradition. The collective nature of the intellectual property rights of indigenous peoples requires theoretical justification as a new phenomenon and a definition of the term, as well as special legal regulations and the development of mechanisms for the implementation of the right.
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Muslim, Muslim. "Philosophy and Human Nature." Indonesian Journal for Islamic Studies 1, no. 1 (July 28, 2023): 32–37. http://dx.doi.org/10.58723/ijfis.v1i1.64.
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This research is to find out what philosophy is, to find out the philosophical views of human nature, to find out the relationship between human nature and philosophy. Philosophical thinking is knowledge, this is about knowledge starting with curiosity, certainty starting with doubt and philosophy starting with both of them. Science is a part of knowledge that is learned to be able to know everything in life. Often a person has a desire to know something. Something you want to know exists in everyday life. There are times, curiosity is just curiosity that A moment. Human nature is a servant and caliph of Allah on earth which consists of three elements, namely physical, intellectual and spiritual. This humans as servant and caliph of Allah on earth, then humans are God's creatures, creatures created in a helpless condition, needing help from other beings who have the ability to think, creatures who have reason, creatures who are always curious about everything, creatures who have the ability to speak, creatures who are able to make tools for social beings who are able to work together, creatures that are able to organize excrement to meet their needs, creatures that live on the basis of economic principles, creatures that are religious, rational beings who are free to act based on moral reasons, creatures with a social contract to respect and protect rights other people The link between human nature and philosophy also provides an understanding or awareness to humans of the meaning of knowledge about reality provided by philosophy.
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Janke, Terri. "Indigenous Knowledge & Intellectual Property: Negotiating the Spaces." Australian Journal of Indigenous Education 37, S1 (2008): 14–24. http://dx.doi.org/10.1375/s1326011100000338.
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Abstract Indigenous knowledge is an integral part of Indigenous cultural heritage. Knowledge about land, seas, places and associated songs, stories, social practices, and oral traditions are important assets for Indigenous communities. Transmitted from generation to generation, Indigenous knowledge is constantly reinterpreted by Indigenous people. Through the existence and transmission of this intangible cultural heritage, Indigenous people are able to associate with a communal identity. The recording and fixing of Indigenous knowledge creates intellectual property (IP), rights of ownership to the material which the written or recorded in documents, sound recordings or films. Intellectual property rights allow the rights owners to control reproductions of the fixed form. IP laws are individual based and economic in nature. A concern for Indigenous people is that the ownership of the intellectual property which is generated from such processes, if often, not owned by them. The IP laws impact on the rights of traditional and Indigenous communities to their cultural heritage. This paper will explore the international developments, case studies, published protocols and policy initiatives concerning the recording, dissemination, digitisation, and commercial use of Indigenous knowledge.
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Silvestre, Carolina, Danieli Aparecida Cristina Leite, and Renato Bernardi. "Pachamama Allied to Human Rights Education: Applicability of The Indigenous Worldview As An Eco-Legal Proposal For Interpretation and Way of Living." Revista de Gestão Social e Ambiental 18, no. 11 (November 4, 2024): e09591. http://dx.doi.org/10.24857/rgsa.v18n11-013.
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Objective: To propose an approach to teaching human rights and environmental education together, based on knowledge about Pachamama. Theoretical Framework: Legal documents that support human rights education and the concept of Pachamama. To this end, the authors Capra and Mattei (2018), Zaffaroni (2017), Benevides (2022) and Moraes (2018) were used, with the same aim of interconnecting the rights of nature with human rights. Method: To carry out this article, we started from bibliographical and documentary research, through studies of legislation and literature on the subject, using the hypothetical-deductive method. Results and Discussion: The research envisaged the proposal of a practice of Human Rights Education combined with practices of Environmental Education in order to promote the awareness and emancipation of the subject in harmony with nature, interpreting it as Pachamama. Research Implications: To direct a proposal through a State Bill to add a specific curricular component to work with Human Rights and the promotion of their culture combined with Environmental Education practices and knowledge about Pachamama in the early years of Elementary School, 8th and 9th grades. Originality/Value: This study contributes to innovation in the teaching of human rights in schools linked to a systemic view of nature, which considers human beings and values their interconnection with the environment. The relevance and value of this research are evidenced by the way in which the law is applied from an eco-legal perspective.
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Mreiwed, Hala. "Experiences From the Field: Transforming Teaching and Learning Through Child Rights Education." Journal of the Canadian Association for Curriculum Studies 18, no. 1 (July 15, 2020): 55–56. http://dx.doi.org/10.25071/1916-4467.40465.
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Children are not just the future; they are the present. Their voices must be heard and their rights fully implemented in the here and now. Empty promises for future actions do not build communities but destroy momentum. It is therefore essential that children learn about their rights, and for these rights to be at the core of teaching. Through reflective writing, I explore my personal and professional experiences as an educator, course lecturer, researcher and Child Rights Education (CRE) consultant in learning and teaching about the UN Convention on the Rights of the Child (CRC) while working in Canada and abroad for over a decade. Personal reflections from workshops, trainings and desk research have led to the understanding that it is essential for children to learn about their rights and for teachers to be trained in CRE to transfer this knowledge. This process of knowledge transfer can help educators and learners transform the CRC from a symbolic text to a living document, ensuring that child rights are lived (experienced) and living (contextualized and adapted to present and emerging needs), ultimately bridging diversities, leading to equitable practices and fostering understanding, respect and inclusion in and beyond the classroom walls. Informing the research findings are a conversation about child rights, an understanding of the constructed nature of childhood, and the role of creative drama as a pedagogical approach in transferring knowledge and opening the path for creative and collaborative practices and forms of inquiry in CRE.
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Turczyk, Małgorzata. "Child Protection in the Event of Parents’ Divorce – Conceptualization of the Subject of the Study." Yearbook of Pedagogy 42, no. 1 (December 1, 2019): 197–204. http://dx.doi.org/10.2478/rp-2019-0013.
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SummaryThe article is preconceptual in its nature, as it is an introduction to a planned research project in the area of pedagogy and law. The author describes the research in current trends in modern childhood studies, choosing the protection of children’s rights in the event of their parents’ separation as the basic research category. This category will be analyzed in ontological, epistemological and methodological dimensions. In view of the growing scale of family breakdowns, it becomes justified to ask a question about the way of experiencing, understanding and constructing knowledge about the subject of pedagogical and legal interactions – the child themself. Building knowledge about a child whose parents separate is not only intended to expand and build interdisciplinary theoretical knowledge, but also to provide a basis for designing adequate tools and activities to protect the rights of a child experiencing their parents’ separation. This article provides an outline of a research concept aimed at protecting children’s rights. The article contains extensive justifications for the research topic and the framework of the methodological concept.
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Sitdikov, R. B. "Special Knowledge and Forensic Examination as a Procedural Safeguard of Intellectual Property Rights Protection." Lex Russica 76, no. 12 (December 21, 2023): 32–40. http://dx.doi.org/10.17803/1729-5920.2023.205.12.032-040.
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Forensic examination is an important procedural safeguard for the protection of infringed intellectual rights in cases where the use of special knowledge is necessary to resolve a dispute, and at the same time it should not be considered as a procedural safeguard and a means of protection in cases where special knowledge is not required to establish the fact of the use of an object of intellectual rights. At the legislative level, there is no legal regulation of the issue of the need for special knowledge to establish the fact of the use of an object of intellectual rights in disputes about their infringement, it is not complete at the level of clarifications of the Supreme Arbitration Court of the Russian Federation and the Supreme Court of the Russian Federation, in some aspects it differs from the long-established Rospatent approaches and, therefore, it needs clarification. Due to the similar legal nature of industrial designs, trademarks (service marks) and copyright objects of a visual nature, the paper proposes to clarify and apply uniformly an approach by virtue of which special knowledge is not required but the perception of a narrow circle of buyers/users of the relevant goods/services may be used to assess their identity or similarity, general visual impression and derivative. In such cases, both the conclusion of a forensic examination and non-judicial expert opinions should not be treated as admissible evidence. In other cases, when special knowledge is necessary, it is proposed to consider only those conclusions of forensic examination and extra-judicial examinations that were carried out by persons qualified not only in the field of protection, examination and evaluation of intellectual property rights, but also in the field to which the object under study belongs. Such examinations can also be of a complex nature.
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Cano-Pecharroman, Lidia, and Erin O’Donnell. "Relational representation: Speaking with and not about Nature." PLOS Water 3, no. 10 (October 16, 2024): e0000236. http://dx.doi.org/10.1371/journal.pwat.0000236.
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The transnational movement to recognise the rights of Nature continues to fuel experimentation by a growing number of jurisdictions in legal form, content, powers, and governance arrangements. In this paper, we focus on the mechanisms through which Nature is represented in various ways. There is enormous diversity in representational arrangements, but there is no clarity on precisely who should be representing Nature, or how Nature can be represented in human spaces, or even what the intent of this representation is (or should be). We describe a spectrum of representation that ranges from speaking about, to speaking for, to speaking with the natural entity. We develop a model of relational representation that shows the power of speaking with Nature to not only develop relations between the representatives and the natural entity, but also to enable a broader dialogue of knowledges with a wider pool of participants. By examining four case studies (the Mar Menor in Spain, the Río Atrato in Colombia, the Birrarung/Yarra River in Australia and Te Awa Tupua/Whanganui River in Aotearoa New Zealand), we show how these diverse representational models are moving towards the relational end of the spectrum, and identify the challenges and opportunities of relational representation of Nature.
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Quoc, Nguyen Anh, Nguyen Minh Tri, Nguyen Trinh Nghieu, Pham Thi Dinh, Dinh Van Chien, and Dinh The Hoang. "nature of liberty." Linguistics and Culture Review 5, S2 (September 7, 2021): 831–47. http://dx.doi.org/10.21744/lingcure.v5ns2.1455.
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Liberty, and necessity are the premise for the perception of the relationship between man and nature. When objects exist in nature, individuals exist in people. Nature and man are a unity between the body and the individual in behavior. The successive act of liberty to fill the temporal gaps in the exercise of the right to life and the pursuit of happiness is the object of human science. Liberty is in itself, due to it, but depending on historical circumstances and conditions, liberty depends on different objects, knowledge, and needs of individuals, making behavior about necessity become liberty about responsibility. Individuals are acts of knowledge, with a will, and liberty is acts of intelligence and reason. When private ownership comes into being, liberty about the property becomes liberty about norms. Organizations become a means of subsistence that makes standards false. To submit to falsehoods in the course of living is a slave. The abolition of slaves is the subject of liberty. In the condition that there is no more antagonistic division of labor, diversity of occupations, an abundance of sexual orientation, and false standards are fully discovered, work and gender are equally noble and equal.
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Mourad, Roger. "Education after Foucault: The Question of Civility." Teachers College Record: The Voice of Scholarship in Education 103, no. 5 (October 2001): 739–59. http://dx.doi.org/10.1177/016146810110300506.
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It is commonly believed that mass public education is fundamentally concerned with the advancement of Western civilization and national strength through the dissemination of knowledge and skills. The ways that we think about and conduct educational practices are also related in no small way to basic rights such as individual freedom. Individual rights in the West are themselves grounded in beliefs about human nature, rationality, and behavior. This philosophical work identifies and critiques these beliefs as they were developed and established during the formative period of individual rights. It explores how these beliefs are embedded in educational practices, using some of Michel Foucault's ideas to provide a contemporary critical context. An alternative interpretation of these foundations is offered that challenges basic ideas about the purposes of education. A direction is provided for further work.
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Bowen, Alex. "Intercultural translation of vague legal language." Target. International Journal of Translation Studies 33, no. 2 (February 5, 2021): 308–40. http://dx.doi.org/10.1075/target.19181.bow.
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Abstract Difficulties have long been observed in communicating legal rights to some Aboriginal people in Australia. In the Northern Territory, audio translations of the right to silence in Aboriginal languages can be used in police interviews. This study examines two sets of audio translations in two Aboriginal languages. Also included in each case are front-translations – intermediate English texts used to facilitate translation – as well as the legal texts that likely informed the translations. The audio translations include far more explicit information than either legal texts of the right, or oral explanations from police (evidenced in transcripts from police interviews). Analyses of context and implicature highlight that the legal text of the right is indeterminate: It is unclear what the text is intended to imply and communicate. Aboriginal translators are better placed than legal communicators to develop informative texts, because of their audience knowledge and intercultural skill. However, translators can only work with meaning provided or approved by their clients. Legal authorities, not translators, should be responsible for deciding the information to be communicated about rights, to meet the objectives of policies about rights. When the challenging and imperfect nature of intercultural legal translation is recognised, translators can use their insight into legal meaning to greatly improve communication with target audiences.
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Anesa, Patrizia. "The Popularization of Environmental Rights in TED Talks." Pólemos 12, no. 1 (March 26, 2018): 203–19. http://dx.doi.org/10.1515/pol-2018-0012.
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Abstract Knowledge about the discursive strategies employed in environmental communication when addressing social practices is fundamental in order to understand how the public’s active engagement and behavioral change can be brought about, encouraged or discouraged through environmental discourse. This paper purports to investigate the representation and popularization of environmental rights in media texts, with particular focus on TED talks. More specifically, the analysis aims to explore which and how communicative meanings are continuously constructed around environmental issues. The popularization strategies present in a collection of TED talks are investigated, and processes of accommodation and simplification are analyzed with the aim to point out any discrepancies between the nature of rights in legal texts, and their textual realization in non-legal examples. The analysis traces the malleability of terminology related to environmental rights and shows how the selective usage of qualifying words like “sustainability” and “solidarity” can contribute to the fungibility of the concept of “environmental right” itself. The paper also emphasizes the broad social importance assumed by the mismatch between the need for clear legal definitions and the leverage of vague terminology to favor specific policies.
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Sallnäs, Marie, Sofia Enell, and Titti Mattsson. "Tensions and Trade-Offs – Staff’s Understanding of Children as Rights Holders in Secure Care." International Journal of Children’s Rights 32, no. 2 (June 3, 2024): 477–501. http://dx.doi.org/10.1163/15718182-32020008.
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Abstract This article explores how staff in Swedish secure care value and understand the rights of the children and young people in their care. To be a staff member in secure care means having a professional role that includes viewing and relating to young people as individual rights holders in a setting where care and treatment shall be provided to a group of young people. However, this occurs in an environment characterised by strong coercive and controlling elements. The study shows that the viewing and handling of children’s rights is dependent on various trade-offs that staff make. Negotiations about what should be seen as rights frequently take place, leading to tensions regarding children’s status as individual rights holders. The study adds knowledge about how staff describe the nature of these tensions in the daily life of secure care units. Implications for practice are discussed.
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Stagg Peterson, Shelley, and Red Bear Robinson. "Rights of Indigenous Children: Reading Children’s Literature through an Indigenous Knowledges Lens." Education Sciences 10, no. 10 (October 14, 2020): 281. http://dx.doi.org/10.3390/educsci10100281.
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Indigenous children’s literature supports Indigenous communities’ rights to revitalization, and to the transmission to future generations, of Indigenous histories, languages, and world views, as put forth in the United Nations Declaration of the Rights of Indigenous Peoples. Drawing on Indigenous teachings that were given to him by Elders, an Indigenous Knowledge Keeper, Red Bear, interprets 10 Indigenous picture books published in Canada between 2015 and 2019 by mainstream and Indigenous publishing companies. These books were selected from the International Best Books for Children Canada’s list of Indigenous books and websites of four Canadian Indigenous publishers. We discuss the Knowledge Keeper’s interpretation of books that are grouped within four categories: intergenerational impact of residential schools, stories using spiritual lessons from nature, autobiography and biography, and stories using teachings about relationships. Recognizing the richness, authenticity, and integrity of Red Bear’s interpretation of the books, we propose that all teachers should strive to learn Indigenous cultural perspectives and knowledge when reading Indigenous children’s literature.
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Vovk, V., and O. Voluiko. "The axiomatic nature of legal knowledge." Uzhhorod National University Herald. Series: Law, no. 69 (April 15, 2022): 20–24. http://dx.doi.org/10.24144/2307-3322.2021.69.2.
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The article is devoted to the axiomatic nature of legal knowledge. The author argues that in the coordinates of modern methodological guidelines, the classical division of scientific knowledge into natural and humanitarian is not correct due to the presence of interdisciplinary and butt scientific knowledge. The thesis that the goal and purpose of scientific knowledge are unidirectional is substantiated. Scientific knowledge is one by nature, and therefore there is no need to differentiate the foundations of scientific theories into axioms and postulates.
It is also pointed out that even today the problems of axiomatics of scientific knowledge are traditionally presented in the field of mathematics and other exact sciences, but it does not take into account that all scientific concepts (regardless of scientific affiliation) are based on axiomatic foundations. The methodological basis of the study was the concept of obtaining information by K. Shannon, the essence of which is to recognize the fact of obtaining new information about reality by observing it (a posteriori information) is possible based on pre-experimental, initial (a priori) information. This a priori information in scientific research is represented by a system of axioms and hypotheses.
The article shows that the legal concepts of the origin of law are based on axioms, as provisions that are perceived as faith. The author identifies four axioms, which are often the basis of ontological legal concepts: the law is a social phenomenon and it arises in society (law is a social phenomenon); the right arises together with the state; law arises later than human society, but earlier than the state; law arises simultaneously with religion and morality as a result of the disintegration of mythology as a syncretic regulatory system. The results of the study can be used in further philosophical and theoretical and legal scientific research, preparation of special courses.
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Lanyasunya, Andrew Ropilo. "The nature of employment contracts and the kind of benefits that are enjoyed by security guards from Samburu community working in Nairobi." Editon Consortium Journal of Business and Management Studies 4, no. 1 (December 5, 2022): 157–62. http://dx.doi.org/10.51317/ecjbms.v4i1.439.
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This study established the nature of employment contracts and the kind of benefits that are enjoyed by security guards from the Samburu community working in Nairobi. The study adopted a survey design, and data was collected through questionnaires, which were applied to 200 security guards who had been randomly selected from 5 administrative clusters in Nairobi. The findings indicated that security guards were not properly contracted with the right documentation, did not enjoy social security benefits, lacked information about trade unions, and were not enjoying their right to collective bargaining. The study focused on particular employee welfare issues to determine the extent to which their rights were granted. The issues were job contraction and employment benefits, as well as employee exposure to knowledge about trade unions. In examining these issues, the study looked at the following indicators, which provided evidence for granting or non-granting of employee rights: shelter, diet and investments made by the employees; existence of job contracts, insurance cover, retirement benefit plan and health cover as well as membership to a trade union. It recommended that the Government of Kenya should enforce a proper job contraction for security guards, as well as have them accorded all the employment benefits stipulated by labour laws; the trade union movement in Kenya should reach out to security guards; and that the parliament should come up with legislation which will prohibit engagement of security guards outside the employment of duly registered security companies.
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Kowalska, Katarzyna Julia. "Realizacja artykułu 47 pkt. 7a Ustawy o prawach pacjenta i Rzeczniku Praw Pacjenta na przykładzie publikacji: „nawigator pacjenta”." Prawo i Bezpieczeństwo, no. 1 (2024) (June 10, 2024): 259–66. http://dx.doi.org/10.4467/29567610pib.24.014.19850.
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The publication is intended as a text of a dual nature, on the one hand the Author refers to the current legislation on patients’ rights, also citing reports of the Supreme Audit Office, as well as medical law literature, and on the other hand, by describing the initiatives of the Patient Ombudsman carried out within the framework of statutory tasks, the Author spreads knowledge about the sources of information available to patients and their relatives in Poland. Particularly described is the Patient Navigator. A practical guide to the health care system as an example of the implementation of Article 47a point 7a of the Law on Patients’ Rights and the Ombudsman for Patients’ Rights.
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Rich, Jennifer. "“If we do not confront this, who will?”: Reconsidering Genocide Education." Genocide Studies International 14, no. 1 (March 1, 2022): 23–33. http://dx.doi.org/10.3138/gsi.2021.12.13.04.
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Herb Hirsch wanted his students to learn about genocide broadly, and about the ongoing nature of mass atrocity; he wrote with an urgency about the human rights violations that occur across the globe today. More than knowledge, however, Dr. Hirsch wanted to encourage his students to take action. These are critical goals, and how to achieve them is what animates this paper. This article seeks to answer the central question of how to reimagine genocide education in order to engage students in a deep understanding of the ongoing nature of genocide, and projects that engender meaningful social change. This reconsideration of genocide education begins in primary schools, moves through middle and high schools, and ends at the university level; it involves all levels of teachers and learners.
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Kuchuk, A. M., and V. M. Pekarchuk. "CONSTITUTIONALISM TRANSNATIONALIZATION AS AN OBJECT OF SCIENTIFIC KNOWLEDGE." Scientific Herald of Sivershchyna. Series: Law 2023, no. 3 (October 23, 2023): 32–40. http://dx.doi.org/10.32755/sjlaw.2023.03.032.
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The article covers the problems of the spread of the phenomenon of constitutionalism to interstate associations. It is noted that the phenomenon of constitutionalism is mainly characterized precisely by means of its domestic significance and, accordingly, as something that does not go beyond the borders of a specific state. Attention is focused on the fact that constitutionalism (especially in the conditions of legal positivism prevalence) is associated with the presence of a number of legislative acts. However, the essence of constitutionalism lies, first of all, in limiting public authorities. The origins of constitutionalism are laid in the contractual concept of the state origin, and in the theory of the social contract. Two main aspects of a possible consideration of the issue of constitutionalism transnationalization are distinguished. First, it is about the supranational nature of constitutionalism in the context of axiological perception. The fundamental provisions of constitutionalism find their manifestation in many states. Democratic states cannot fail to proceed from the postulate of public authority limitation and division, human rights as natural possibilities determining the limits of the state power activity, etc. It is difficult to single out those institutions that are inherent in the constitutional law of an individual state and do not exist in other states. Secondly, it is about the possibility of the constitutionalism existence at the level of interstate entities, primarily the European Union. In this aspect, the term “multilevel constitutionalism” is usually used. It is summarized that the issue of constitutionalism going beyond the domestic borders becomes the object of the intention of the domestic jurisprudence and requires a comprehensive study. Key words: state, integration, European Union, constitutionalism, human rights, international organization, public authority, sovereignty.
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Segev, Ran. "Accountable Creatures: Primatt’s Dissertation, the Religious Enlightenment, and the Origins of Animal Rights." Journal of Early Modern History 25, no. 5 (October 11, 2021): 369–91. http://dx.doi.org/10.1163/15700658-bja10026.
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Abstract Outside the field of animal studies, Humphrey Primatt’s Duty of Mercy has received little attention. This article offers a new perspective on his work by contextualizing Primatt’s ecological worldview within Enlightenment debates about the “essence of mankind.” I argue that Primatt’s call to extend “rights” to all creatures was a deliberate attempt to redraw the contested borders between humans and animals by privileging morality over other characteristics of humanity. The article shows how Primatt, an Anglican vicar, incorporated contemporary ideologies and knowledge into Christian teachings in order to formulate his anthropocentric argument and transform the nature of human-animal interactions.
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Jessop, Tiffany, and Carmelle Peisah. "Human Rights and Empowerment in Aged Care: Restraint, Consent and Dying with Dignity." International Journal of Environmental Research and Public Health 18, no. 15 (July 26, 2021): 7899. http://dx.doi.org/10.3390/ijerph18157899.
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The aged care system in Australia is in crisis and people living with dementia are especially vulnerable to breaches of human rights to autonomy, dignity, respect, and equitable access to the highest quality of health care including meeting needs on account of disability. To be powerful advocates for themselves and others, people with dementia and the wider community with vested interests in quality aged care must be informed about their rights and what should be expected from the system. Prior to the Australian Royal Commission into Aged Care Quality and Safety, the Empowered Project was established to empower and raise awareness amongst people with dementia and their families about changed behaviours, chemical restraint, consent, end of life care, and security of tenure. A primary care-embedded health media campaign and national seminar tour were undertaken to meet the project aims of awareness-raising and empowerment, based on 10 Essential Facts about changed behaviours and rights for people with dementia, established as part of the project. Knowledge translation was assessed to examine the need and potential benefit of such seminars. We demonstrated that this brief educational engagement improved community knowledge of these issues and provided attendees with the information and confidence to question the nature and quality of care provision. With the completion of the Royal Commission and corresponding recommendations with government, we believe the community is ready to be an active player in reframing Australia’s aged care system with a human rights approach.
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Barnes Macfarlane, Lesley-Anne. "Children’s Rights and Childhood Negligence Proceedings." International Journal of Children’s Rights 32, no. 3 (October 24, 2024): 533–59. http://dx.doi.org/10.1163/15718182-32030008.
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Abstract The UN Convention on the Rights of the Child (crc) provides that children require ‘special safeguards and care, including appropriate legal protection’ (Preamble). In recent years various attempts have been made by Scottish lawmakers to safeguard and promote children’s rights across a range of legal fields. However, the field of delict (termed “tort law” in many jurisdictions) has been excluded from the process of mainstreaming children’s rights in domestic law. Most of the contemporary litigation in the field is about liability for negligence (i.e., unintentional wrongdoing). In negligence proceedings, children are typically victims seeking redress from adults through the judicial system following childhood injury. Using Scotland as a case study, this article examines legal reasoning in what are termed “childhood negligence proceedings”. Drawing on the jurisprudence of the Committee on the Rights of the Child and wider literature, the article raises concerns about both the substance and established practices of the law. In particular, an absence of judicial engagement with children and research about childhood development is observed. Consideration is given as to what might be the nature of the obligations imposed upon states in this field of law by Articles 1 (age), 2 (non-discrimination), 3 (best interests), 6 (life, survival and development) and 12 (voice) of the crc. Two overarching questions persist: first, can findings of negligence or contributory negligence against children ever be justified? And secondly, if so, what should be the model for imposing childhood liability? As Scotland fully incorporates the crc in domestic law, the article concludes by framing a series of questions directed towards creating new knowledge and developing new understanding capable of transforming the child’s position in delict/tort law.
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Płonka, Beata. "Nature or Nurture – Will Epigenomics Solve the Dilemma?" Studia Humana 5, no. 2 (June 1, 2016): 13–36. http://dx.doi.org/10.1515/sh-2016-0007.
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AbstractThe concept of “nature and nurture” is used to distinguish between genetic and environmental influences on the formation of individual, mainly behavioral, traits. Different approaches that interpret nature and nurture as completely opposite or complementary aspects of human development have been discussed for decades. The paper addresses the most important points of nature vs nurture debate from the perspective of biological research, especially in the light of the recent findings in the field of epigenetics. The most important biological concepts, such as the trait, phenotype and genotype, as well as the evolution of other crucial notions are presented. Various attempts to find the main source of human variation are discussed - mainly the search for structural variants and the genome-wide association studies (GWAS). A new approach resulting from the discovery of “missing heritability”, as well as the current knowledge about the possible influence of epigenetic mechanisms on human traits are analyzed. Finally, the impact of epigenetic revolution on the society (public attitude, health policy, human rights etc.) is discussed.
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Viaene, Lieselotte. "Indigenous Water Ontologies, Hydro-Development and the Human/More-Than-Human Right to Water: A Call for Critical Engagement with Plurilegal Water Realities." Water 13, no. 12 (June 14, 2021): 1660. http://dx.doi.org/10.3390/w13121660.
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Water conflicts across the world are bringing to the fore fundamental challenges to the anthropocentric boundaries of the human rights paradigm. Engaging with the multi-layered legal ethnographic setting of the Xalalá dam project in Maya Q’eqchi’ territory in Guatemala, I will critically and empirically unpack not only the anthropocentric boundaries of the hegemonic human rights paradigm, but also the ontological differences between indigenous and Euro-Western legal conceptualizations of human-water-life. I argue that it is necessary to pave the way for urgent rethinking of the human right to water and, more broadly, human rights beyond the modern divide of nature-culture. International law and human rights scholars should therefore not be afraid of plurilegal water realities and should start engaging with these ontologically different concepts and practices. Embarking on a bottom-up co-theorizing about human and beyond-the-human water rights will be imperative to avoid recolonization of indigenous knowledges-ontologies by non-indigenous scholarships and public policy.
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Langille, Donald B., Gordon Flowerdew, Catherine Aquino-Russell, Robert Strang, Kathryn Proudfoot, and Kevin Forward. "Gender differences in knowledge about chlamydia among rural high school students in Nova Scotia, Canada." Sexual Health 6, no. 1 (2009): 11. http://dx.doi.org/10.1071/sh08041.
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Background: Chlamydia is the most prevalent sexually transmissible infection (STI) in Canadian adolescents. STI account for 20% of cases of infertility in Canada and 42% of ectopic pregnancies are attributable to previous chlamydia infection. Despite the importance of this infection, little is understood about young people’s knowledge of it. Methods: A survey was conducted at a rural high school in Nova Scotia, Canada, to assess students’ knowledge of chlamydia and associations of knowledge with gender and protective behaviours. Knowledge was assessed using true–false responses to 15 statements about chlamydia. Each statement was examined for differences in the percentage of correct responses by sex. Correct responses were summed, creating a knowledge score. Socioeconomic status variables and age were included in multivariate regression models to determine if they modified associations between knowledge score and protective behaviours seen in simple regression. Results: Eighty-six percent of registered students (n = 538) participated in the survey. Girls responded to 10 of the 15 knowledge statements significantly more often than boys. Respondents were least knowledgeable about their rights to confidential health services for chlamydia infection. Knowledge score was associated with use of both condoms and oral contraception at last intercourse in girls (odds ratio 1.15; 95% confidence interval 1.01–1.31). No association of knowledge score was seen with having had an STI test in the previous year. Conclusions: School sexual health programs should make special efforts to meet the needs of male students, and programs and health professionals should include information about the confidential nature of sexual health services for adolescents.
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Benítez, Fander Falconí, Mónica Elizabeth Reinoso Paredes, Javier Collado-Ruano, Edwin Fernando Hidalgo Terán, and Gelson David León Ibarra. "Environmental education program in Ecuador: theory, practice, and public policies to face global change in the Anthropocene." Ensaio: Avaliação e Políticas Públicas em Educação 27, no. 105 (December 2019): 859–80. http://dx.doi.org/10.1590/s0104-40362019002701950.
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Abstract In 2008, the new Constitution of Ecuador recognized the Rights of Nature, in order to restore the ecological footprint. For this reason, the main goal of this article is to reflect about the theories, practices, and public policies developed in Ecuadorian schools with the Environmental Education Program ‘Tierra de Todos.’ As a result, this work integrates scientific knowledge with ancestral wisdom, combining an ecology of knowledge as a transdisciplinary research methodology. Part of this program is an adaptation of the methodology TiNi and promotes a critical environmental awareness with all students of primary and secondary schools. The methodology TiNi has its origin in Peru and was approved by UNESCO for its potential to learn socio-ecologic didactics in direct contact with nature. As conclusion, environmental education public policies aim to face the complex civilizing challenges of the Anthropocene teaching how to feel-think-act in harmony with the co-evolutionary processes of nature, in order to (re)design regenerative cultures.
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Ubertazzi, Benedetta. "Safeguarding Intangible Cultural Heritage and the environment." Pravovedenie 64, no. 1 (2020): 124–37. http://dx.doi.org/10.21638/spbu25.2020.110.
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The Convention for the Safeguarding of the Intangible Cultural Heritage (hereafter known as the Convention) was adopted within the framework of UNESCO in October 2003. Article 2 of the Convention establishes that intangible cultural heritage (ICH) must be compatible with sustainable development. Sustainable development in relation to culture consists of three intertwined dimensions: society, environment, and economy. Chapter 6 of the Operational Directives for the Implementation of this Convention establishes a framework related to “environmental sustainability”. The framework consists of three pillars. The first pillar relates to “environmental impacts in the safeguarding of intangible cultural heritage”. The second pillar relates to “knowledge and practices concerning nature and the universe”. The final pillar concerns “community-based resilience to natural disasters and climate change”. Through analysis of the Convention, the Convention’s Operational Directives and elements of intangible cultural heritage inscribed on the Representative List of the Convention, this article will provide case studies where, in line with these pillars, intellectual property rights, particularly geographical indications, aim to support environmentally friendly practices. In so doing, this article will also seek to show that intellectual property rights can recognise communities as bearers of knowledge about nature and as essential actors in sustaining the environment. Indeed, this work will suggest that although intellectual property rights, if not carefully drafted, can pose risks for environmental sustainability, when correctly adopted they have the capacity to empower communities. Thus, the aim of this work is to show how intellectual property rights can be tools to facilitate safeguarding and sustainability for both intangible cultural heritage and the environment.
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Galiev, M. S. "The Teaching about Defects in the Field of Law and its Relationship to the Legal Category of “Defense”." Siberian Law Herald 4 (2023): 3–7. http://dx.doi.org/10.26516/2071-8136.2023.4.3.
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It has been revealed that a legal defect acts as an anti-value or destruction of legal reality. Some theoretical and legal aspects of the study of defects in the field of law via the prism of industry affiliation are presented, including the defects of various industry-specific legal institutions, legal implementation and enforcement. The work focuses on the theoretical and methodological study of the problems of legal defects in the legal and technical sphere in the field of the theory of state and law. Attention is paid to the relationship between the theoretical-legal and sectoral nature of the concept of “defect of law” and the legal category of “defense”. The theoretical and legal significance of doctrines in the field of defects of law is revealed, which is expressed in the methodological depth of knowledge of the social and legal nature of the concept of “defects in law”. It is concluded that defects in the law are negative phenomena of legal and state reality, but despite the nature and affiliation of the defect of law, it violates and sometimes complicates the normal, stable process of legal regulation of legal relations. It has been established that the unstable process of legal regulation gives rise to negative and impossible processes for the protection of human and civil rights and freedoms or the need for excessive legal actions aimed at restoring violated rights and freedoms, which in turn allows us to draw a conclusion about the relationship of legal defects to the legal category of “defense”. It is concluded that the legal category of “defense” is the highest legal value in the “person-society-state” legal model. The quintessential significance of the legal category of “defense” is predetermined by the threats and challenges of global change. Therefore, it is recommended to rethink the legal category “defense” in the categorical apparatus of jurisprudence.
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Song, Kwang Han. "An Investigation of the Identity of Character Through the Fundamental Cognitive Mechanism." Korean Association of General Education 16, no. 5 (October 31, 2022): 41–50. http://dx.doi.org/10.46392/kjge.2022.16.5.41.
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Character education in Korea has been strengthened since the Promulgation of the Character Education Promotion Act in 2015. But the concept of character itself is not clear and there is no consensus regarding it, causing confusion and certain side issues when it comes to character education. As part of resolving this essential problem of character education, this study looked at what character is from its cognitive origin, from which various human minds are formed. It also looked at the mechanism of how character emerges from the cognitive origin.The results showed that character, that is, human nature, is composed of two contradictory natures: a nature for ‘emptiness,’ which is a mind that one tries not to think and thus any cognitive structure (knowledge) does not appear internally, and a nature for ‘appearance,’ which is a mind that one try to think to form knowledge and thus knowledge appears internally. Furthermore, humans are born with natures of sensibility, memory, thinking and knowledge, and innate abilities such as sensory ability, thinking ability, and knowledge formation ability (intelligence) for the manifestation of appearance. Due to these natures and innate abilities, human beings form knowledge about the world and form various fields of mind based on this knowledge. Thus, we have the so called ‘virtues in character education.’Based on these results, this thesis discusses the debates related to character, such as nature, as well as the debate of good versus evil, and suggests the right direction and method of character education.
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Malatesta, Deanna, and Craig Smith. "Contract amendments: for better or for worse?" International Journal of Public Sector Management 32, no. 6 (August 2, 2019): 635–52. http://dx.doi.org/10.1108/ijpsm-06-2018-0141.
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PurposePublic management researchers have successfully leveraged theory to advance the understanding of contracts and the different governance structures that underpin contract relationships. Yet there is still much to learn about the implications for different governance structures. Applying insights from property rights, the purpose of this paper is to examine the substance of initial government contracts and their subsequent amendments in order to determine whether allocation of decision rights leads to better or worse contract amendments.Design/methodology/approachThe authors evaluate the text of initial contracts and their subsequent amendments in 258 government–business relationships and focus on the implications of assigning key decision rights to the party with most relevant knowledge expertise.FindingsTwo primary findings are presented. First, initial contracts where knowledge expertise and the associated decision rights are co-located (i.e. integrated) are likely to be associated withex postadjustments that benefit both parties to the contract. Second, the authors find that this initial finding is likely a result of government integration as opposed to supplier integration.Originality/valueGiven that we know most professional service contracts require some form of contract amendment over time, this research helps us understand why some amendments will reinforce the collaborative (Pareto enhancing) nature of the relationship, while others may be more one sided (rent seeking). Unlike other theoretical approaches (e.g. transaction cost theory), property rights theory provides guidance for such decision making.
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Aggarwal, Yashika. "Women and Inheritance: Mapping Perceptions, Legal Awareness and Practices." International Journal of Social Science Research and Review 7, no. 11 (December 4, 2024): 255–67. https://doi.org/10.47814/ijssrr.v7i11.2374.
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In recent years, the question of women’s empowerment has been at the center of public policy, a critical component of which involves awareness and practice of economic rights. In this regard, legal provisions such as that of inheritance become critical. Despite the existence of legal provisions guaranteeing women right to inheritance, the existing scholarship has pointed out that in many societies, inheritance laws often favor men, perpetuating gender disparities and socioeconomic inequalities. Additionally, there remains a notable gap in awareness and understanding of such legal provisions among women, especially among socioeconomically marginalized sections. This study focuses on this lesser researched domain. Through a comprehensive literature review and the use of a qualitative approach, this study uses a semi-structured questionnaire to map the existing knowledge gaps and challenges among women from diverse socioeconomic backgrounds. The findings of this study suggest that although a significant proportion of women are aware about the existence of these laws and their rights, they nonetheless lack awareness about the specific provisions and their respective entitlements, especially considering inheritance law are further categorized according to religious identities. In addition to exploring their knowledge, this paper also attempts to investigate the nature and extent to which women usually exercise their right to inheritance in India. The respondents of this study argue that strategies such as maintaining proper documentation of property ownership, engaging in open communication among family members, seeking professional legal advice and mediation can be helpful interventions to facilitate women in exercising their right to inheritance. The findings of this study provides critical insights for policymakers, legal practitioners, and activists to develop targeted interventions to enhance women’s legal literacy, empowerment and access to social and economic equality.
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Granstrand, Ove. "Towards a Theory of Innovation Governance and the Role of IPRs." GRUR International 69, no. 4 (April 1, 2020): 341–54. http://dx.doi.org/10.1093/grurint/ikaa024.
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Abstract This paper theorizes about innovation governance, especially about governance of open innovation and the nature and role of IPRs. A reinterpretation of open innovation is offered in terms of the emergence of various types of markets for inputs to and outputs from innovative activities. These open innovation markets are typically markets for ideas, technologies, knowledge and data such as licensing markets, equity markets, and matching markets for innovation collaborations and correspond to various types of open innovation strategies viewed from the inside out in a focal firm's perspective. Open innovation – seen as a set of quasi-integrated organizational forms for innovative activities in between market and hierarchical firm organizations – is then explainable in terms of determinants of supply and demand. Intellectual property rights (IPRs) then play a new role as tools for innovation governance, thereby economizing on governance costs in an extended transaction cost framework. Licensing of usage rights is key to using IPRs for innovation governance. The by now standard property rights approach to rights in intellectual resources has to be challenged, however, and referred to as ‘intellectual rights’ rather than IPRs. In addition, the governing role of IPRs can be improved by combining them with liabilities into a hybrid approach. Organizational responsibilities provide still another institutional arrangement for innovation governance, and integration of rights, liabilities and responsibilities provide a new theoretical perspective on innovation governance – a perspective that also can provide links between organization theory, transaction cost economics and property rights theory.
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de Sousa, Anderson Reis, Thiago da Silva Santana, Heron Silva Caldas Santos, Oscar Javier Vergara Escobar, Angélica Isabel Romero Daza, Evanilda Souza de Santana Carvalho, Edson de Andrade Nhamuave, and Climene de Camargo. "Conceptions About Health and Care Practices of Black Men from a Quilombola Community." Open Nursing Journal 15, no. 1 (December 15, 2021): 335–42. http://dx.doi.org/10.2174/1874434602115010335.
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Introduction: Universal health coverage will be guaranteed to all individuals, safeguarding the rights of traditional communities, as in the quilombola population, respecting the dimensions of interculturality, gender and ethnicity. Objective: The aim of this study is to describe the conceptions of health and health care practices of Afro-Brazilian men from a quilombola community. Methods: This was a qualitative descriptive study conducted with Afro-Brazilian men from a quilombola community in Bahia, Brazil, where there is a significant concentration of black people and quilombola communities. Results: This group’s conceptions of health are based on the combination of the individual body with the body that is socially and culturally situated in the community. Health care practices are anchored in cultural knowledge and strengthened by the bonds with nature, friends and religious leaders. Conclusion: The black men from quilombola communities are in a state of vulnerability due to the lack of access to health services.
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Tahseen, Hina, and Nicola Parry. "Quality Improvement Project to Improve the Implementation of Mental Health Act Code of Practice Guiding Principles and Patient Knowledge About MHA in In-Patient Psychiatric Unit." BJPsych Open 9, S1 (July 2023): S113. http://dx.doi.org/10.1192/bjo.2023.324.
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AimsTo improve the efficiency of MHA documentation, patient education on MHA and implementation of guidelines of Code of Practice in in-patient unit. We also aimed to involve patients at some stages of the QI project to ensure they remain updated about the legal framework and associated documents and their voice remains central.MethodsThe QI Project was started after an initial audit was conducted which included MHA documentation on admission and during the length of stay, patients’ legal rights, section-17 leaves, capacity and treatment forms, tribunal reports, section-117 meetings and arrangement of independent managers hearings prior to Section Renewals. Using 5-Why QI methodology, the medical team and the MHA administrator reviewed the gaps in the initial audit. Using the QI “theory of change” model, three primary drivers of “Responsible Clinician and MHA Administration Liaison”, “Patient Education on MHA” and “Policies and Guidelines Implementation” were established. Secondary drivers for “RC and MHA Administration Liaison” required inputs from doctors, secretaries, nurses and MHA Admin. Change ideas of introducing weekly email template for required MHA actions, section paper scrutiny template made for approval by MHA Admin/ RC prior to patient's admission, Introduction of MHA relevant actions section in the morning handover and patient's review record form.Secondary drivers and change ideas for “Patient Education on MHA” included discussions with MDT, easy- language information leaflets, discussion slots with pharmacists about medications before consenting for treatment forms, discussion slots with the key nurse and RC about MHA related decisions and going through statutory reports together to understand the nature and degree of illness, and risks necessitating the renewal of admission.Secondary drivers and change ideas for “Policies and Guidelines Implementation” included teaching sessions for nurses on report writing, giving evidence at tribunals, and how to inform patients about legal rights, and liaison with medical management QI committee to ensure capacity and treatment certificates are up to date and filed in the medical folders. The initial audit tool was repeated on quarterly basis in addition to the PDSAs to measure results.ResultsResults showed 100% score in capacity assessments, treatment certificates and timely reports. There was still improvement needed in organising managers hearing prior to section renewal, likely section renewals left till late. A pre-and-post intervention score on patients’ knowledge of rights and MHA showed an improvement of 68%.ConclusionThe QI-project helped in implementing MHA code of practice guiding principles and patients’ knowledge about MHA and their rights.
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Marchenko, A. V. "Research methodology of the mechanism of ensuring the rights and freedoms of internally displaced persons." Analytical and Comparative Jurisprudence, no. 5 (November 17, 2023): 161–65. http://dx.doi.org/10.24144/2788-6018.2023.05.27.
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The article is devoted to the research methodology of the mechanism of ensuring the rights and freedoms of internally displaced persons. The article draws attention to the fact that the scientific study of the mechanism of ensuring the rights and freedoms of internally displaced persons is, thanks to the correctly chosen methodology, a solid foundation. This scientific theoretical activity will help to gain new knowledge about the general patterns of emergence, development, functioning and relationship between society and man in the studied plane. The article states that the research methodology for ensuring the rights and freedoms of internally displaced persons is a conceptual plan and purpose of research, defining the content and practical application of methods and techniques for understanding processes and phenomena related to ensuring the rights and freedoms of internally displaced persons. It is substantiated that the combination of conceptual approaches, methods, principles and research means of ensuring the rights and freedoms of internally displaced persons allows to reveal the essence of the object as much as possible, predict the ways of development of the sphere of these social relations, obtain new theoretical knowledge and develop practical recommendations for improving the relevant research mechanism. to provide them, to develop ways to overcome destructive phenomena in the researched area. It has been proven that the research methodology for ensuring the rights and freedoms of internally displaced persons is a complex system of conceptual approaches, general principles of scientific research, methods and tools that together study the formation, development and current state of the modern mechanism for ensuring the rights and freedoms of internally displaced persons, taking into account the influence of globalization and domestic factors. The proposed methodology has a synergistic and interdisciplinary nature and requires the use of methodological tools from various branches of science, such as jurisprudence, international law, philosophy of law and history.
The article is devoted to the research methodology of the mechanism of ensuring the rights and freedoms of internally displaced persons. The article draws attention to the fact that the scientific study of the mechanism of ensuring the rights and freedoms of internally displaced persons is, thanks to the correctly chosen methodology, a solid foundation. This scientific theoretical activity will help to gain new knowledge about the general patterns of emergence, development, functioning and relationship between society and man in the studied plane. The article states that the research methodology for ensuring the rights and freedoms of internally displaced persons is a conceptual plan and purpose of research, defining the content and practical application of methods and techniques for understanding processes and phenomena related to ensuring the rights and freedoms of internally displaced persons. It is substantiated that the combination of conceptual approaches, methods, principles and research means of ensuring the rights and freedoms of internally displaced persons allows to reveal the essence of the object as much as possible, predict the ways of development of the sphere of these social relations, obtain new theoretical knowledge and develop practical recommendations for improving the relevant research mechanism. to provide them, to develop ways to overcome destructive phenomena in the researched area. It has been proven that the research methodology for ensuring the rights and freedoms of internally displaced persons is a complex system of conceptual approaches, general principles of scientific research, methods and tools that together study the formation, development and current state of the modern mechanism for ensuring the rights and freedoms of internally displaced persons, taking into account the influence of globalization and domestic factors. The proposed methodology has a synergistic and interdisciplinary nature and requires the use of methodological tools from various branches of science, such as jurisprudence, international law, philosophy of law and history.
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Gorodovenko, Viktor. "Judge’s Right to Freely Express Own Views in the Context of Establishing the Authority of the Judicial Power in Society." Slovo of the National School of Judges of Ukraine, no. 1(42) (September 4, 2023): 6–21. http://dx.doi.org/10.37566/2707-6849-2023-1(42)-1.
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The author of the article has studied peculiarities of exercising the right to freely express own views by a judge in the context of establishing the authority of the judicial power in society, taking into account the provisions set forth in the Consultative Council of European Judges Opinion No. 25 dated from December 2, 2022 on the freedom of expression of judges. It has been determined that the right to free expression of own views is the right of a person to freely, without any influence, express own thoughts, judgments, beliefs in any form, which are formed on the basis of established knowledge, ideas, outlook and worldview about certain objects, phenomena, facts, etc., to assess them, in particular, to give support, criticism, characteristics. It has been established that the Consultative Council of European Judges adheres to a broad view of the personal scope of the right to freedom of expression of judges as an individual right, noting that the institutional and state nature of the judge’s position gives an ambivalent nature to the freedom of expression of a judge. It has been argued that the ambivalent nature of the freedom of expression of a judge means the simultaneous coexistence of judge’s conflicting opinions, assessments, etc., as well as the obligation to find the necessary balance between private interests and the interests of society in ensuring the authority of the judicial power. The ambivalent nature of the freedom of expression of a judge determines the establishment of additional restrictions on exercising the right to freely express own views, in addition to the general restrictions established by the Constitution of Ukraine, the Convention on the Protection of Human Rights and Fundamental Freedoms and the International Covenant on Civil and Political Rights. The CJEU Opinion No. 25 (2022) on the freedom of expression of judges singles out the restrictions of freedom of expression of views / controversial cases in regard to statements related to litigation; statements regarding public debates; statements regarding matters of interest to the judicial power as an institution; public criticism of the judicial power / colleagues of judges; current political mandate / former political mandate. It has been proved that the main criteria for imposing a legitimate restriction on the right to freedom of expression of views are rule of law and necessity in a democratic society. Such approaches are used by the European Court of Human Rights when hearing cases om violation of a judge’s right to free expression of own views, including in the context of a judge’s public criticism of legislative reforms related to the judicial power, or information on issues related to the judicial power, or criticism of judges who are colleagues. Key words: judge’s right to freely express own views, judicial power, authority of the judicial power, restrictions of the constitutional right, ambivalent nature of the freedom to express own views by a judge, judicial ethics.
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Carrasco Henríquez, Noelia, Beatriz Cid Aguayo, Camila Neves Guzmán, and Juanita Orellana Ojeda. "Indigenous Knowledge in Post-Pandemic Cultural Tourism: Discussion from Arauco Territories, Chile." Heritage 7, no. 2 (February 9, 2024): 829–43. http://dx.doi.org/10.3390/heritage7020040.
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In the last two decades, cultural tourism has transformed the aesthetics and the relationship between the actors of the Arauco territories. In the post-COVID context, these transformations could be reinforced, especially considering the actual legal scenario about indigenous rights and the global ecological crisis. In most cases, the indigenous people, with cultural tourism initiatives, highlight their world vision, including the relations with nature. For this reason, we propose to study this scientific problem from the relational ontology perspective. In this study, we describe the situation of cultural tourism in Arauco Province, Chile, where Mapuche people, the Chilean State, and the international market coexist in permanent friction. The main objective is to analyze how the pandemic influenced Mapuche cultural tourism, from the Mapuche cultural perspective and the global conditions for their development. The methods of research mixed historical and ethnographic approaches with a sample of key actors of Mapuche cultural tourism. As results, we can show the Mapuche way of understanding cultural tourism and the new conditions derived from the pandemic and post-pandemic contexts.
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Miklós, Attila. "Environmental attitudes and ecological anthropocentrism: a new challenge in environmental higher education." Journal of Education Culture and Society 5, no. 1 (January 6, 2020): 28–40. http://dx.doi.org/10.15503/jecs20141.28.40.
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The human-centric nature of environmental thinking is a highly successful adaptation, which has biological, historical, cultural origins. The dichotomy of anthropocentrism and ecocentrism are what ultimately determine ecological attitudes. This nationally representative study presents how students in Hungarian environmental education bachelor programs view the human’s taxonomic position in the world (hierarchies, kinship), throughout evolution (determining possible directions, distancing from other organisms), the role of human power, and our rights of intervention in the environment. It shows what kind of knowledge students arrive with from public education, how they think about handling confl icts, and what impact their acquired knowledge during university years has on their environmental attitudes. It was found that at least two-thirds of students evaluated natural environmental processes, problemsand their consequences with anthropocentric preferences – in contrast to scientifi cally accepted theses.
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Requena i Mora, Marina, and José Manuel Rodríguez Victoriano. "'Chlorophyll ideology' and Protected Areas.The Social Discourses on the Reserve Area 'Tancat de la Pipa' in the Albufera Natural Park (Spain)." Journal of Education Culture and Society 5, no. 1 (January 6, 2020): 41–57. http://dx.doi.org/10.15503/jecs20141.41.57.
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The human-centric nature of environmental thinking is a highly successful adaptation, which has biological, historical, cultural origins. The dichotomy of anthropocentrism and ecocentrism are what ultimately determine ecological attitudes. This nationally representative study presents how students in Hungarian environmental education bachelor programs view the human’s taxonomic position in the world (hierarchies, kinship), throughout evolution (determining possible directions, distancing from other organisms), the role of human power, and our rights of intervention in the environment. It shows what kind of knowledge students arrive with from public education, how they think about handling confl icts, and what impact their acquired knowledge during university years has on their environmental attitudes. It was found that at least two-thirds of students evaluated natural environmental processes, problemsand their consequences with anthropocentric preferences – in contrast to scientifi cally accepted theses.
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Olashyn, Maryna M. "ADVOCACY AS A FORM OF IMPLEMENTATION OF STATE LEGAL GUARANTEES ON LEGAL AID IN UKRAINE." Bulletin of Alfred Nobel University Series "Law" 2, no. 7 (December 2023): 61–69. http://dx.doi.org/10.32342/2709-6408-2023-2-7-6.
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The Constitution of Ukraine guarantees everyone the right to legal assistance, including free assistance (Article 59). This right follows from the content of the Basic Law and is a component of the legal status of a person. A legal democratic state is primarily characterized by an appropriate level of protection of the rights and freedoms of a person and citizen, which are under its protection. Today, there are no such actions in society that would not be regulated by legal norms, so it is often difficult for people who do not have legal knowledge to properly use their rights, and in case of their violation, to protect them in a legal way. The rule of law must ensure the provision of the necessary legal assistance in the necessary amount. That is why it is important to consider advocacy as one of the institutions providing such assistance in the justice system. In accordance with its constitutional nature and socio-legal content, the institution of legal assistance of the bar is in a relationship with the institution of judicial power. The constitutional right to legal aid (Article 59 of the Constitution of Ukraine) is considered one of the main constitutional guarantees of the right to access to justice, which in turn is part of the right to judicial protection (Article 55 of the Constitution of Ukraine). The effectiveness of the latter largely depends on the level of legal assistance provided by lawyers. The lawyer, as well as the court, is entrusted with the constitutional duty to protect the rights, freedoms and interests of human and citizen citizens. Only when a relationship of mutual respect, mutual understanding of their roles and independence from each other is established between the court and the lawyers, it is possible to talk about establishing the truth in the administration of justice.
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Mathew, Sheeja, and Soumya Antony. "A STUDY TO ASSESS THE EFFECT OF AN AWARENESS PROGRAMME ON KNOWLEDGE REGARDING DOMESTIC VIOLENCE AMONG WOMEN IN SELECTED RURAL AND URBAN COMMUNITIES IN PATHANAMTHITTA DISTRICT, KERALA." International Journal of Advanced Research 10, no. 05 (May 31, 2022): 1034–42. http://dx.doi.org/10.21474/ijar01/14811.
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Violence against women is widely recognized as a serious human right abuse, and an important public health problem with substantial consequences physical, mental, sexual, and reproductive health.The social construction of the divide between public and private underlies the hidden nature of domestic violence against women.The position of women in the Indian society has been a very complicated one and domestic violence is a growing epidemic in Indian societies. The present study was conducted to assess the effect of an awareness programme on knowledge regarding domestic violence among women in selected rural and urban communities.A quantitative quasi experimental design was used and the study participants (100) were selected by using multi-stage cluster sampling (random selection) technique. The data was collected by using a structured knowledge questionnaire on domestic violence and awareness program was given to the participants on the same day. The post test was conducted after seven days of awareness program. Results revealed that the awareness program was effective (paired t test = 23.85) which was highly significant at 0.01 (p = 0.000). The association of baseline variables with pre-test knowledge scores was calculated by using Chi-square test. Results also revealed a significant association between educational status and type of family with pre-test knowledge scores regarding domestic violence at 0.05 level (p = 0.04). No significant association was seen with other baseline variables like: womens age, family income, area of residence, occupation, occupation, type of marriage, number of children with pre-test knowledge scores regarding domestic violence. The study concludes that awareness about the problems relatedto domestic violence will help the victims know about their rights and also will reduce the rate of the problem.
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Jansky, Okiya Jimmy. "A Critical Analysis of the Rights of an Accused Person During Trial in Somalia." Multidisciplinary Journal of Horseed International University (MJHIU) 2, no. 1 (March 15, 2024): 78–101. http://dx.doi.org/10.59336/0k78nq51.
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This study focuses on critical analysis of the rights of an accused person during trial in Somalia. The rights of accused person in Somalia have become a contentious and serious issue owing to the on-going civil war in Somalia which has now lasted for two decades. The doctrinal research methodoly was used to collect and analyse the data used in the study. The relevant secondary data were collected through documetary review where relevant data was collected from different books, national and international legal statutues and scholarly publications of scholars in relation to the rights of an accused person during trial in Somalia. The study employed a systematic procedure to analyse documentary evidence and answer specific research questions in the study through repeated review, examination and interpretation of the data in order to gain meaning and empirical knowledge of the construct being studied. The study analysed the rights of an accused person under the various national laws of Somalia, the various forms of violation of the rights of an accused person in Somalia and the causes of the violation of the rights of an accused person in Somalia. The main findings of the study revealed that the various and sufficient rights of an accused person during train in Somalia, as provided by the Provisional Constitution of Somalia, 2012, and the Criminal Code Act of Somalia, 1963, include: right to liberty and security, right to be informed promptly of the offence charged, right to fair and speedy trial, right to humane treatment, the right to be presumed innocent until proven guilty, right to a fair hearing, right to defend himself or herself, right to counsel, right to be informed of the nature offense an accused person has committed, the right to an interpreter, the right to be present at the trial, right to be brought promptly before a capable court, the right to habeas corpus, the right to apply for bail, the right not to be compelled to testify against himself or herself, right to examine evidence or witnesses and the right to appeal. However, these rights are neither being promoted nor protected in Somalia; instead they are being violated in various ways which they encompass: violation of arrest procedures and unfair and cruel treatment of accused person, arbitrary arrest, denial of fair public trial, violation of trial procedures, unlawful treatment and detention of political prisoners and accused persons being caused by structural and legal ambiguity, the continuous practise of legal pluralism, the existence of broken chain in the justice system, high level of corruption and mismanagement, military interference. The study recommended that the Federal Government of Somalia through its three organs should enact new law, promote fair and procedural arrest of accused train and sensitise the people about their rights as an accused and should initiate good policies and project that can foster the promotion and protection of human rights in the sphere of accused person’s protection during and after trial in Somalia.
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Meryanti Watta, Anton S. Sinery, Bernadetta M. Sadsoetoeboen, Budi Setiawan, and Ice Anugrah Sari. "The party’s role on the management of Nabire nature tourism park in Kimi Bay District of Nabire Regency." World Journal of Advanced Research and Reviews 23, no. 1 (July 30, 2024): 727–37. http://dx.doi.org/10.30574/wjarr.2024.23.1.2036.
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This research study was to determine the parties, roles, interests and influence of the parties and the collaboration relationship of the parties in the management of Nab ire TWA in Kimi Bay District, Nab ire Regency. Based on the results of the study, it was known that there were 21 parties in the management of Nab ire TWA based on entities as government and community including BBKSDA Papua, KSDA Region II Nab ire Division, Head of Air Mandidi Village, Head of Kimi Bay District, Nab ire Regency Culture, Youth, Sports and Tourism Office, DLH, DPUPR, Nab ire Regency Education Office, BAPPEDA, Dispenda, BPN/ATR, USWIM, Customary Rights Owners, Traditional Leaders, Women Leaders, Youth Leaders, HIPETA NGOs, Tourist Attraction Owners, Visitors and Communities Around TWA. The role of the parties to the level of influence and importance based on grouping in the quadrant assessment, namely as a group of key players consisting of the Papua BBKSDA, Nab ire Region II KSDA Division and Customary Rights Owners. The context setter group, namely the Nab ire Regency Environment Office, the Nab ire Regency PUPR Office, the Head of Air Mandidi Village, the Head of Kimi Bay District, traditional leaders, youth leaders, leaders, women and community leaders. The subject group, namely the Nab ire Regency Culture, Youth, Sports and Tourism Office, Nab ire Regency Dispenda, USWIM, HIPETA NGO, Communities Around TWA and Tourist Attraction Owners. The crowd group, namely the Nab ire Regency Education Office, BPN / ATR and visitors. The highest value of the level of influence and importance in the management of TWA was 22 (twenty-two) by BBKSDA Papua and the Nab ire Region II KSDA Division as the controlling authority in the implementation and decision making of Nab ire TWA management. Furthermore, the lowest value of the level of influence and importance of 5 (five) was the visitors. The visitors benefit from TWA Nab ire. Although the level of importance and influence was low and not directly involved in management, visitors could be educated about the management of TWA which was different from other tourist attractions. Knowledge about the existence of conservation areas that still maintain the existence of surrounding natural resources. Cooperative relationships based on interaction, continuity, synergy, strength by key players had a value of 4.3 with the highest value. Furthermore, the subject group had a value of rights, responsibilities and benefits of 3, the context setter group had a value of 2.9 and finally the crowd group had a value of rights, responsibilities and benefits of 1.7 which indicated that the value of rights, responsibilities and benefits of the parties would be lower as the level of influence and interest in the management of Nab ire TWA decreases.
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Guerola, Carlos Maroto. "The Intercultural Reconstruction of Guarani School Linguistic Human Rights: Social Purviews and Literacy." International Journal of Literacy, Culture, and Language Education 4 (August 1, 2015): 54–70. http://dx.doi.org/10.14434/ijlcle.v4i0.26916.
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This paper seeks to contribute to the intercultural reconstruction of the school linguistic human right to literacy2. It questions the monoglossic and universalizing nature with which that right is inserted in the social purview of the dominant groups of global capitalism. Based on a theoretical framework that articulates discourses from Applied Linguistics, Cultural Studies, the Bakhtin Circle, and the New Literacy Studies, in my data analysis I interpret discourses on this concern by the Guarani teachers of the Itaty Indigenous Primary School, located in the Guarani village of Morro dos Cavalos, Santa Catarina, Brazil. Those teachers interculturally reconstruct the right to literacy as the right of the school to safeguard Guarani cultural tradition (claimed upon transformations of the community’s forms of utterance and legitimated practices of knowledge generation and transmission which are brought about by transformations in their economy). This right is also reconstructed as a “weapon of defense and survival” with which to struggle for fuller sovereignty over their forms of utterance and, inseparably, over their economy.
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Dr. Ramesh Kumar and Rohit Kumar Verma. "Meninism and Preconceived Ideology with specific Indian Dimension of Human Rights in Today’s Changing Globalized Scenario: A Critical Appraisal." legal researchd development an international refereed e Journal 7, no. I (September 30, 2022): 27–29. http://dx.doi.org/10.53724/lrd/v7n1.10.
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Men and Women both are an integral part of nature and integrant with each and another for wholeness to ensure the existence and survival of this human life in contrary time also for revitalization and revival in this mortal world. When time is changed then human conduct also changes consequently some women are abusing the law against men resultantly human rights of men are being violated very seriously in the gravest manner which is the contravention of life, personal liberty and security of men. The deprivation and endanger of life, personal liberty and security of men is in very plight conditions under exceptions in India. To prevent the abuses of law, preconceived ideology, predefined consequences against men in the protection of human rights to secure ends of justice for men is now need of hour and necessity. This research paper deals with human rights of men in today’s changing scenario. It has specially been emphasized on the preconceived ideology of people against men on this basis the discrimination and decision are taken prejudicially. Some laws also are in existence due to this preconceived ideology which is not justified in today’s changing globalized world under rule of law and democratic society, subjecting to exceptions. This preconceived ideology and its predefined consequences against men are inconsistent with and in derogation of human rights, abridging and taking away the rights of men. It reveals the Quantum of doctrine of protective discrimination for women against men, bearing in mind the principle of reasonable classification. When any person says or justifies that the particular thing is right or wrong, the same is stated on the basis of foundation root or quantum of knowledge of that person thereby the person has the understanding and sensibility accordingly and consequently, the person acts. But this research article does not include misogyny. It is not against the feminism. The history gives the evidences about the untold sorrow of women for the contravention of their human rights. This research article also is in favour of women empowerment and women human rights but no innocent men be sentenced. Everyone has inherent human rights by birth including human rights of men. Human rights for men are also available as per laws in today’s changing globalized world.
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Kurakin, Aleksei Valentinovich. "Once again about Administrative Legal Relations." Полицейская и следственная деятельность, no. 4 (April 2022): 37–46. http://dx.doi.org/10.25136/2409-7810.2022.4.39502.
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The article examines the phenomenon of administrative legal relations, analyzes the significance of this element of the mechanism of legal regulation, reveals the content of these relations, and also shows their diversity. The article also reveals three blocks of administrative legal relations – these are relations in the field of management; police relations, as well as relations related to the law of administrative justice. This approach is of a functional and substantive nature, reflecting the essence of administrative law. The author notes that the question of legal relations in general and administrative legal relations in particular is one of the most significant from the point of view of knowledge of the subject of legal regulation. This is due to the fact that the question of the subject of legal regulation is the question of the types of legal relations that fill its content. The author notes that in the doctrine of administrative law, it is no longer possible to formulate any new elements of administrative legal relations, this issue is theoretically developed and closed, nevertheless, the question of the types of administrative legal relations is not closed. The traditional approach to the definition of an administrative legal relationship is that this relationship develops in the field of public administration, but this is a very narrow approach, it does not disclose the entire content of the subject of administrative law. In addition to administrative relations, police relations and relations related to the protection and protection of citizens' rights (the law of administrative justice) find their place in the construction of the subject of administrative law. It is in this content that, according to the author, the subject of administrative law should be studied.
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Vashum, Yangkahao. "Indigenous Values and Sustainability." Journal of Big History 6, no. 1 (July 1, 2023): 89–97. http://dx.doi.org/10.22339/jbh.v6i1.6111.
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Christianity and Western scientific knowledge have dominated academic research and its disciplinary education. At the same time, Indigenous knowledge and religious traditions have been dismissed as a way-of-knowing by Western and dominant power-structures. Since Tribal systems often cannot be easily quantified, they have been frequently dismissed as ‘superstitious,’ ‘primitive,’ or ‘unreliable.’ But recent works by Tribal peoples around the world have resulted in a growing recovery of Indigenous knowledge for the benefit of Native and non-native people alike. This paper looks at Indigenous values and practices as alternative ways to sustain people in close relationship with Nature. In the context of the present-day ecological crisis and global warming, we must seek sustainable development, such as by learning about Indigenous values and practices. This paper shares some vital traditions of the Tribal peoples of North East India. It also argues that the rights of Indigenous peoples must include their recognition of the validity and value of their collected knowledge and ways of knowing. Of interest to this paradigm shift is how the inclusive ways of Tribal knowledge occasionally intersect with Big Histories’ inclusiveness, especially in its Asian formulation.
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Jones, Callum, Verity Trott, and Scott Wright. "Sluts and soyboys: MGTOW and the production of misogynistic online harassment." New Media & Society 22, no. 10 (November 8, 2019): 1903–21. http://dx.doi.org/10.1177/1461444819887141.
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Men Going Their Own Way (MGTOW) are a separatist Manosphere group (digital manifestation of the Men’s Liberation Movement) who focus on individualistic, self-empowering actions as opposed to traditional collective actions typical of Men’s Rights Activists and Incels. This study investigates how the ideology and rhetoric of MGTOW propagates and normalises misogynistic beliefs through online harassment, using a multi-phased content and thematic analysis of 10,280 tweets from three of the most active MGTOW users on Twitter. The findings document a link between the MGTOW ideology and toxic masculinity, showing that the online harassment generated is deeply misogynistic and polices the boundaries of a heterosexual, hegemonic masculinity. The analysis demonstrates that while the misogyny and violence produced by MGTOW is not extreme in nature, their appeals to rational thinking make it seem like common sense. The article develops new knowledge about the heterogeneous nature of the Manosphere and its constructions of masculinity.
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Marasabessy, Nabila. "Patriarchy and Women’s Emancipation in Indonesian Film: Marlina the Murderer in Four Acts and Perempuan Berkalung Sorban." MUHARRIK: Jurnal Dakwah dan Sosial 4, no. 02 (August 13, 2021): 143–68. http://dx.doi.org/10.37680/muharrik.v4i02.821.
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This study aims to analyze the differences in the concept of women's emancipation displayed by Marlina in the film Marlina the Killer in Four Acts and Anisa in the film Perempuan Berkalung Sorban. These films tell different stories about women who fight for their rights, but both have a storyline in which Marlina and Anisa are shackled to a patriarchal culture. This study uses data analysis based on John Fiske's television code theory and semiotic analysis with a gender approach. An in-depth analysis and study show the character of women's emancipation in the second film. First, the Marlina film, The Murderer in Four Acts, shows an emancipated female character who can live independently and dare to defend herself when insulted or sexually harassed by men. Women are also entitled to the same legal justice as men. Meanwhile, the concept of emancipation in the film Perempuan Berkalung Sorban shows the emancipated character of women who have the right to reject polygamy and gain extensive knowledge but remain in their nature as children, mothers, and wives. Women also have the right to express their thoughts and feelings and choose whom they will marry.