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1

Jones, Bronwen. "The remarkable development and significance of constitutional protection for intellectual property rights in post-Arab Spring constitutions." Queen Mary Journal of Intellectual Property 10, no. 4 (December 25, 2020): 461–85. http://dx.doi.org/10.4337/qmjip.2020.04.03.

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Prior to the Arab Spring uprisings in 2011, no constitutional protection for intellectual property (IP) existed in the many earlier constitutions of Egypt or Tunisia. It is remarkable and surprising therefore that, in 2014, IP clauses appeared in the post-revolutionary constitutions of both countries. This raises the key question: why add to the existing regulation of IP in this way. Is constitutional protection just another example of the inexorable strengthening of IP rights (IPRs) or could it be a means of constraining them, where necessary, to protect other rights? This article argues that including IP in a constitution may, rather than merely strengthening IP owners' rights, open IPRs up to competition against more fundamental constitutionally protected human rights and, for example, support the prioritization of the right to health. This could be a valid explanation for and potential use of the inclusion of IP in the Egyptian and Tunisian Constitutions.
2

Umair, Raja, Hafiz Sajid Iqbal Shaikh, and Faryal Umbreen. "Tunisian Political Climate from Aristocracy to Democracy and Presidential Coup: An Emerging Challenge to the Islamic Movements." Journal of Islamic Thought and Civilization 12, no. 2 (December 13, 2022): 299–309. http://dx.doi.org/10.32350/jitc.122.21.

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The popular uprising brought forth change in Tunisian presidential palace during 2011 as it entered a state of liminality while becoming a consolidated democracy from authoritarianism. However, after a decade of democratic transition, only the democratic success story of the Arab Spring is in danger after the decree of Tunisian President. This article aims to highlight that by using Article 80 of the constitution, President has seized more power; and it narrates how it contradicts the constitution and negatively impact on political scenario. Furthermore, this study provides an analysis that how certain regional countries are trying to jeopardize the democratic system. Thus, the Islamic movement of Tunisia has been possessing a lion share on Country’s political arena and is considered as the vanguard of Islamic identity and democratic process since 2011 revolution. Finally, it concludes that amid a lenient policy of Rashid Al-Ghannouchi, the founder of the Movement and speaker of the Parliament, towards Islamic doctrine in Tunisian political arena, coup from Tunisian president. Leadership of Al-Nahdah again playing a vital role to stable political climate through dialogue, but it seems that the situation is still in danger. In this article, the primary and secondary data has been analyzed by using Discourse analysis method with its approach of Critical Discourse Analysis (CDA). Keywords: Authoritarianism, Constitutional imploration, Democracy, Ennahda, islamic movement, Political crises, Presidential coup, Tunisia
3

Arfaoui, Khedija, and Jane Tchaïcha. "GOVERNANCE, WOMEN, AND THE NEW TUNISIA." TERRORISM FROM THE VIEW OF MUSLIMS 8, no. 1 (June 1, 2014): 135–64. http://dx.doi.org/10.54561/prj0801135a.

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This paper considers the important events and challenges as they per- tain to female governance in the “New Tunisia”, resulting in large part from the National Constituent Assembly (NCA) elections charged with writing a new constitution. The analysis focuses on the role women played in the election process, including women’s participation in the interim government (January 2011-November 9, 2011) and political parties. It continues with an in depth ex- amination of the debates and actions that emergedamong various factions during the first two years following the revolution, which has led to increased concern about the preservation of Tunisian women’s rights. The principal re- search question asks, “To what extend have Tunisian women been able to par- ticipate actively in shaping the new Tunisia and will this trend continue?” The study integrates several investigative approaches: historical narrative of fac- tual events, participant observation (from both researchers), interviews, and careful review of the ongoing actions and activities of women’s groups and societal challenges since October 23, 2011, which in turn, has spunconsiderable debate within Tunisian society about the status of women in the new Tunisia.
4

Belhadj, Souhaïl. "De la centralisation autoritaire à la naissance du « pouvoir local » : transition politique et recompositions institutionnelles en Tunisie (2011–2014)." Social Science Information 55, no. 4 (August 6, 2016): 479–94. http://dx.doi.org/10.1177/0539018416658154.

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The weakening of local power structures in Tunisia, whether linked to the authoritarian centralization of the country or to the erosion of the mechanisms for coopting local elites, strongly contributed to upset the political equilibrium of fallen President Ben Ali’s regime. The weakened position created conditions favorable to an ongoing negotiation over power-sharing among social groups and their access to resources. The adoption of a new Constitution in 2014 attests to this redefinition of power relations between local elites and the central State inasmuch as it established, for the first time in modern Tunisian history, the principle of an elected, decentralized ‘local power’ with financial and administrative autonomy. The aim of this article is to answer the question of whether the adoption of a new Constitution, brought in on the basis of a historical compromise between the representatives of the country’s different political tendencies, would enable an orderly changeover from authoritarian government to long-term power-sharing arrangements.
5

Feltrin, Lorenzo. "Labour and democracy in the Maghreb: The Moroccan and Tunisian trade unions in the 2011 Arab Uprisings." Economic and Industrial Democracy 40, no. 1 (August 24, 2018): 42–64. http://dx.doi.org/10.1177/0143831x18780316.

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This article focuses on the part played by Moroccan and Tunisian labour in the 2011 Arab Uprisings and their outcomes, aiming to add fresh evidence to the long-standing debate over the place of social classes in democratisation processes. In Morocco, most labour confederations supported a new constitution that did not alter the undemocratic nature of the political system. In Tunisia, instead, rank-and-file trade unionists successfully rallied the single labour confederation in support of the popular mobilisations, eventually contributing to democratisation. The most important facilitating factor for these divergent processes and outcomes was the different level of working-class power existing in the two countries. On the eve of the Uprisings, working-class power was higher in Tunisia than in Morocco and this enabled Tunisian workers to mobilise more effectively. Democratisation in Tunisia, however, has so far failed to address the demands for social justice that were at the core of the Uprisings.
6

Bejeoui, Imed. "La Constitution tunisienne du 27 janvier 2014 et le droit international conventionnel : les controverses alimentées." Revue internationale de droit comparé 71, no. 1 (2019): 223–38. http://dx.doi.org/10.3406/ridc.2019.21042.

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The Tunisian Constitution of January 27, 2014 is promulgated in a specific internal and international context. In this context, the new Constitution supposed to embody, through its regulation of the question of conventional international law, the scope of Tunisia openness to international life and should tackled the weakness of the Constitution of June 01, 1959. In some respects, the Constitution clarified subjects already regulated by the 1959 Constitution and on others the Constitution innovated. Nevertheless, the new Constitution has actually only powered debate over many matters relating to the conditions of applicability and primacy of conventional international law. Consequently, the expected contribution of the new Constitution is reduced and the effort of the establishers seems uncompleted.
7

Saral, Melek. "The Protection of Human Rights in Transitional Tunisia." Muslim World Journal of Human Rights 16, no. 1 (October 25, 2019): 1–26. http://dx.doi.org/10.1515/mwjhr-2019-0005.

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Abstract This article looks at the human rights protection in transitional post-uprising Tunisia, from 2011 to 2017, offering insights into the willingness to both protect human rights and build capacity in Tunisia. It focuses on the establishment of an adequate legal framework in Tunisia, with particular attention being paid to the constitution-making process and, on the establishment, the strengthening of certain institutional capacities, such as the constitutional court and the Truth and Dignity Commission. The article first gives a brief historical overview of the human rights situation in Tunisia. This is followed by an analysis of the willingness and capacity to protect human rights in post-uprising transitional Tunisia, in both the 2011–2014 and 2014–2017 periods.This article is based on evidence from a series of semi-structured interviews I conducted with the key political actors from various political parties, and actors from NGOs working on human rights, during field research in Tunisia in October-November 2017, supplemented by secondary literature.
8

Saati, Abrak. "Negotiating the Post-Revolution Constitution for Tunisia – Members of the National Constituent Assembly Share Their Experiences." International Law Research 7, no. 1 (August 9, 2018): 235. http://dx.doi.org/10.5539/ilr.v7n1p235.

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Though the Tunisian transition to democracy faces challenges seven years following the 2011 revolution and four years following the enactment of the new constitution, the country still constitutes a ‘success story’, especially in comparison to neighbouring states that were also touched by the Arab Uprisings. This paper takes an interest in exploring the Tunisian constitution-making process, and especially the political elite negotiated compromises that took place in the National Constituent Assembly. How were Tunisian religious and secular political forces able to unite and compromise on a constitutional document; what motivated their actions during the constitutional talks? Ideologies, rational pragmatism, self-serving interests or something else? This is a pertinent question that has bearing for other states that are in transition from authoritarian rule, in which religious and secular political parties are struggling to draft the political rules of the game anew. This is a qualitative study, based on interviews with political representatives, from a broad range of Tunisian political parties, who were part of the constitutional negotiations. Their responses suggest that pragmatism and rationality took precedence over ideological positions during the negotiations, and that this was indispensable for a draft to be produced. Despite this, the study argues that ideologies were likely not irrelevant in the minds of the political elites who were negotiating the post-revolution constitution, and that previous agreements and discussions among these elites that were, in fact, based on ideological positions, facilitated the constitutional negotiations that took place in the aftermath of the ousting of Ben-Ali.
9

SAIDIN, MOHD IRWAN SYAZLI, and NUR AMIRA ALFITRI. "‘State Feminism' dan Perjuangan Wanita di Tunisia Pasca Arab Spring 2011." International Journal of Islamic Thought 12, no. 1 (December 1, 2020): 54–64. http://dx.doi.org/10.24035/ijit.18.2020.181.

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Over the last decade, the Arab Spring phenomenon in the Middle East and North Africa has brought significant transformation towards Tunisia’s political landscape. During the 14 days of street protest, Tunisian women have played critical roles in assisting their male counterparts in securing the ultime goal of the revolution – regime change. This article argues that after the 2011 revolution, the new Tunisian government has gradually adopted the principal idea of state feminism, which emphasizes on the role of ruling government via affirmative action in supporting the agenda of women’s rights. In so doing, this article examines the connection between state feminism and the plight of women’s struggles in Tunisia after the 2011 revolution and, looks into the impact of top down polices, and government approaches towards improving the status of women. This article concludes that women in the post revolutionary era have experienced a new trajectory in political and social freedom,the country has recorded a spike increase in the number of active female lawmakers, government executives, politicians, electoral candidates and the emergence of human right groups, gender activists and feminist movements. All these ‘women’s actors’ have directly involved in the process of drafting the new Tunisian constitution, which resulted in the acknowlegdement of women’s rights protection via article 46 in 2014 and the Nobel Peace Price Award in 2015.
10

Juliandi, Budi. "Demanding Equal Inheritance Rights For Women: Tension Among Shari’a and Tunisia’s New Constitution 2014." Al-Ahkam Jurnal Ilmu Syari’ah dan Hukum 7, no. 2 (December 31, 2022): 177–88. http://dx.doi.org/10.22515/alahkam.v7i2.6259.

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President Essebsi (2017) approved the law of gender equality in inheritance in Tunisia. Instead of gaining public appreciation of Islam, this achievement was seen as contrary to sharia. This research seeks to address whether or not there could be a common ground between applying sharia and gender equality through an examination of sharia regarding inheritance, and, finally, an attempt to show the relationship between sharia and the Tunisia’s constitution of 2014 in responding to social change. The paper argues that in spite of the constitution’s progressive language, women still face legal discrimination in their ability to inherit because of sharia.
11

AKKAŞ, Necmi Enes. "THE REFLECTION OF THE ARAB SPRING TO THE DEMOCRATICATION OF TUNISIA: RASHID AL GANNUSHI AND THE NAHDA MOVEMENT PARTY." SOCIAL SCIENCE DEVELOPMENT JOURNAL 7, no. 30 (March 15, 2022): 289–301. http://dx.doi.org/10.31567/ssd.558.

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The Republic of Tunisia, located in North Africa, is an Arab state that gained its independence from France on March 20, 1956 and witnessed the firsts. The official name of Tunisia, which came under the rule of the Turks in 1574, has remained as Tunisia since then. Tunisia, the country of firsts, was the first constitution made under Ahd-ül Aman in 1861 and the first non-governmental organization Tunisian Workers' Union was established in 1924. The first action that ignited the Arab Spring started when 26-year-old computer engineer Mohammed Bouazizi set himself on fire in front of the governor's office on 17 December 2010. While ethnic and sectarian turmoil led to coups d'etat and civil war in the Middle East and North African countries where the Arab Spring spread, Tunisia's weak army organization as well as the experiences of civil and political sectors in the historical process were effective in overcoming the troubles it experienced during the revolution without being dragged into civil war. One of the important factors positively affecting Tunisia's democratization process is the Ennahda Movement Party, which represents a moderate Islamist democratic politics. The name Ennahda, which is defined as the Arab awakening, the Arab resurrection, the Arab Renaissance, was given to the party led by the philosopher and politician Ghannushi. When the effects of the Arab Spring on democratization are evaluated, the Ennahda Movement Party is an important event for the development of Tunisian democracy. The study will analyze the contributions of the Ennahda Movement Party and its leader, Rashid Al-Ghannushi Gannuşi, which made significant contributions to the democratization of Tunisia, to the democratization of Tunisia. Within the scope of the study, the reflections of the Arab Spring on the Tunisian revolution and the political process will be explained.
12

Pastor y Camarasa, Alicia. "Demystifying How Constitutions Are Made – External Actors’ Modes of Actions in the 2014 Tunisian Constitution." Michigan Journal of Law & Society, no. 1 (2022): 51. http://dx.doi.org/10.61575/mjls.1.demystifying.

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13

Fliegelman, Oren. "The Question of Education in the 2014 Tunisian Constitution: Article 39 and its Ambiguous Values." Middle East Law and Governance 8, no. 1 (July 19, 2016): 1–31. http://dx.doi.org/10.1163/18763375-00801002.

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Despite Tunisia’s remarkable transition from dictatorship to democracy following the Tunisian Revolution, only a few of the hotly debated articles in the country’s new constitution have been analyzed by scholars. This article examines one of those under-analyzed constitutional provisions: Article 39, on education, whose language on religious and national values was repeatedly contested throughout the two-year drafting process. Using internal National Constituent Assembly documents and delegate voting records, the article explains how the education article transformed dramatically throughout drafting, ending in a controversial last-minute compromise accepted on the final day of voting. It provides insight on the broader constitution, which has been criticized for inconsistency, by showing how opposing interests largely amended the article's language into ambiguity. It also shows that the nca can be used as a model for exploring the convoluting impact quick votes in a constitution-making body’s plenary assembly can have on work produced by the body’s specialized committees.
14

Bougatef, Khemaies, Hedia Jaouadi Teraoui, and Amira Kaddour. "Understanding the major causes of Islamic finance under-development in Tunisia." International Journal of Accounting and Financial Reporting 2, no. 1 (April 14, 2012): 165. http://dx.doi.org/10.5296/ijafr.v2i1.1302.

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The main purpose of this paper is to determine the major causes of the underdevelopment of Islamic finance in Tunisia. Indeed, it’s surprising to note that Zitouna bank established in May 2010 is the first Islamic Tunisian bank although 99% of Tunisians are Muslim and Islam is the religion of the State according to the Constitution.So we rely in our paper on the opinions of number of professors of finance and economics as educated people to prove or reject our hypothesis that the underdevelopment of Islamic finance in Tunisia can be explained by the ignorance of its main principles and advantages. Ours findings reveal that this branch of finance is still largely unknown, not only from public but also from professionals. The results obtained surprisingly show that this insignificance of Islamic banking cannot be explained by the fact that Tunisia has been governed since her independence by a secular left-wing party. Indeed, only 3% of respondents believe that legislation and regulation in Tunisia represent an obstacle to the development of Islamic finance. Moreover, respondents are not very optimistic about the future role of Islamic financing.
15

Jamal, Amal, and Anna Kensicki. "A Theory of Critical Junctures for Democratization: A Comparative Examination of Constitution-Making in Egypt and Tunisia." Law & Ethics of Human Rights 10, no. 1 (May 1, 2016): 185–222. http://dx.doi.org/10.1515/lehr-2016-0007.

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Abstract Most studies on constitution-making emphasize how cultural and institutional characteristics independently impact successful democratic transitions. This article proposes a new approach to theorizing this process, positing that the character of institutional and cultural elements and the relationships between them give rise to a unique temporal and political context called a critical juncture, with qualities and characteristics that place some states on trajectories toward success and others toward failure. By analyzing and comparing the events surrounding the Egyptian and Tunisian transitions, we demonstrate how the placement of these institutional and cultural elements put Tunisia on the path to democratization and led Egypt inevitably toward autocracy. The findings show that, where these junctures fail to instill civic ideals and avenues for all parties’ participation, the political environment becomes uninhabitable for successful transition.
16

El Houssi, Leila. "The Role of Women in Tunisia from Bourguiba to the Promulgation of New Constitution." Oriente Moderno 98, no. 2 (September 7, 2018): 187–202. http://dx.doi.org/10.1163/22138617-12340196.

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Abstract The question of women became one of those fundamental issues used by North African nations in order to demonstrate to Western countries just how “democratic” they were. In this regard, the legislation in favour of women’s emancipation in Tunisia undoubtedly reveals an important peculiarity. In 1956 Tunisia underwent an important modernisation following the independence obtained from France. This produced a social emancipation not found in other Islamic countries, resulting in the acquisition of women’s rights, for example, the abolition of polygamy. Since the 1970s, women have felt as if they are hostages to politics and, through some feminist associations, denounce inequalities despite enjoying certain rights, becoming aware of their subordination in a male-dominated society. With Bourguiba’s successor, Ben ʿAlī, assuming power in 1987, a policy emerged in which the rights of women seemed to be guaranteed, without guaranteeing human rights. And Tunisia revealed, much like other countries, a sort of mutilated modernity, in which the modernisation process was put in motion, without the modernising state committing itself to promoting a political modernity with the adoption of true democratic principles. Moreover, how much did the secularism of the Ben ʿAlī regime coincide with the transformation of Tunisian society? Perhaps the abuse of power by the dictator neutralised the paradigm of human rights? Social and cultural transformation beginning with Bourguiba and continuing with Ben ʿAlī produced an “Islamic-secular” country also as it relates to gender issues. But, with the victory of the Islamic party al-Nahḍayn the 2011 elections, will there be a radical transformation of women in society? And with Tunisia’s new constitution finally being adopted in January 2014, has it been considered a victory for women? This paper seeks to stimulate debate on the issue in the context of post-colonial studies through a social-historical perspective.
17

Hanau Santini, Ruth, and Giulia Cimini. "Intended and Unintended Consequences of Security Assistance in Post-2011 Tunisia." Contemporary Arab Affairs 12, no. 1 (March 1, 2019): 91–106. http://dx.doi.org/10.1525/caa.2019.121006.

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In Tunisia, the notion and understanding of security, while no longer focused on regime security, remains a top-down, state-security understanding, rather than a societal one. Further, while the 2014 democratic Constitution devised significant checks and balances between the branches of government, even in the security field, external security assistance facilitated the centralization of security decision-making in the hands of the President of the Republic.
18

Solovyev, Andrey Aleksandrovich. "Legal basis of the Supreme Council of Magistracy of the Tunisian Republic and its evolution." Юридические исследования, no. 1 (January 2023): 43–53. http://dx.doi.org/10.25136/2409-7136.2023.1.38537.

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The subject of this work is the study of the legal foundations of the activities of the Supreme Council of Magistracy of the Tunisian Republic, which is the highest body of the judicial community of the country. The author dwells on the key normative legal acts regulating the foundations of the legal status of the Supreme Council of Magistracy as a constitutional body, examines its structure, composition and competence. Special attention is paid to the place of the Supreme Council of Magistracy in the political system and the evolution of this body in connection with the crisis of 2010-2011 (the jasmine revolution), reflecting the most difficult compromises between political elites, as well as emerging disputes about competence between different branches of government of the country. During the research, the author used various methods of scientific cognition, both general: analysis, synthesis, logical and structural-functional, and special legal: formal legal, legal modeling method and comparative legal. The novelty of the research lies in the fact that the author for the first time in domestic legal science conducted a comparative study of the legal foundations of the activities of the Supreme Council of Magistracy of the Tunisian Republics, and also considered the evolution of this body in the context of a political crisis. The author comes to the conclusion that the evolution of the legal status of the judicial community of Tunisia is directly related to changes in the political system of this country, is very difficult and is currently far from complete.
19

Abdmouleh, Maher. "Le territoire tunisien à travers la Constitution de 2014." Maghreb - Machrek 226, no. 4 (2015): 97. http://dx.doi.org/10.3917/machr.226.0097.

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20

Kashina, Anna. "Gender Issue in Tunisia: from Politics to Practice." Asia and Africa Today, no. 2 (2022): 69. http://dx.doi.org/10.31857/s032150750015833-8.

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On the problem of gender equality, Tunisia remains a model for other Arab countries. Although since 2011 the issue of women's place has once again been on the agenda considering the dominance in the political scene of moderate Islamists of the Ennahda movement, heated debates between modernists and Islamists over new constitution and legislation framework brought Tunisia closer to world standards of gender equality. After the Revolution for Dignity and Freedom in Tunisia the feminist movement, which was born in the late 1930s, became more active and began declaring its activities as democratic feminism. Besides that, a new trend established itself as Islamic feminism. The analyses of statistical material revealed that most prominent achievements in concern of gender equality Tunisia gained in educational field with almost parity of male and female enrollment. On the other hand, discrimination in labour market gives cause for concern. As for political participation of women, it is still under desired level, but the dynamics is rather hopeful. The investigation of parliamentarians’ stances towards a proposed in 2017 bill requiring gender inheritance equality, shew that Tunisian society is still not ready to accept absolute gender equality because in some matters like inheritance it tends to hang upon religious norms and traditions. Thus, stereotypes and traditional perception of gender based on Islam remain a stumbling rock on the way to gender balance in society. Another corresponding problem is discrepancy in provisions of family law and undertaken international commitments dealing with narrowing gender gap. So, it’s predictable that while being in the top pf international ratings at the regional level Tunisia’s indicators measuring gender equality are rather moderate on the global scale.
21

Ruiz Ruiz, Juan José. "El derecho al agua en las nuevas Constituciones de Marruecos (2011) y Túnez (2014) // The right to water in the new Constitutions of Morocco (2011) and Tunisia (2014)." Revista de Derecho Político 1, no. 98 (March 16, 2017): 45. http://dx.doi.org/10.5944/rdp.98.2017.18651.

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22

Perez, Déborah. "Becoming a Decision-maker in the Assembly of Post-revolutionary Tunisia." Middle East Law and Governance 8, no. 2-3 (November 28, 2016): 228–49. http://dx.doi.org/10.1163/18763375-00802006.

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Deborah Perez offers a detailed analysis of the daily interactions among deputies of the Constituent National Assembly (2011–2014) in order to challenge micro-analyses that argue that the constitution was merely the outcome of a pact among party leaders. She emphasizes the importance of contingency and improvisation that granted deputies a margin of autonomy towards the party leaderships.
23

Ryzhkova, E. A. "FORMATION AND DEVELOPMENT OF CONSTITUTIONAL BASIS FINANCIAL LAW OF TUNISIA." MGIMO Review of International Relations, no. 3(36) (June 28, 2014): 173–79. http://dx.doi.org/10.24833/2071-8160-2014-3-36-173-179.

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Переворот 14 января 2011 г. приводит к серьёзным изменениям в тунисском обществе, результатом которых стало принятие «Малой конституции». Данный акт был призван урегулировать политические отношения в стране, непосредственно же финансовые вопросы он практически не затрагивал. Поэтому в октябре 2011 г. созывается Учредительное собрание, работа которого завершилась принятием 26 января 2014 г. новой Конституции Туниса и закреплением в ней основных идей «арабской весны». Главным достижением данного Основного закона следует считать существенное расширение прав и свобод тунисских граждан. Кроме того, конституция уделила достаточно много внимания финансово-правовым вопросам, умело сочетая в их разработке новации зарубежной правовой мысли и фундаментальные основы мусульманского права, в частности принципа справедливости. Отдельные положения этого документа стали новаторскими и в мировом масштабе. В данном случае речь идёт о положениях, трактовавших борьбу с налоговым мошенничеством и коррупцией, что было одним из требований Второй жасминовой революции. Особо следует отметить, что положения конституции носят отнюдь не декларативный характер. Её статьи следует воспринимать как констатацию реальных достижений продолженного курса на гармоничное развитие человека и эффективную финансовую политику в Тунисе. Начиная с Пакта 1857 г. и вплоть до Конституции 2014 г. государство считало основной своей задачей расширение статуса человека, признание за ним полного объёма прав и свобод, искоренение всех форм дискриминации и создание прочных финансовых основ для благополучного развития тунисского общества. Анализ преобразований конституционных основ общества, в том числе финансового права в Тунисе начала ХХI в., даёт ключ к пониманию векторов будущей эволюции и других мусульманских стран, пока что отстающих от этого государства в законотворческой деятельности и в интеграции в мировое сообщество.
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Neifar, Bassem. "L’émergence de nouveaux acteurs de développement : Vers une relecture de l’aménagement du territoire en Tunisie post-révolution." Lucrările Seminarului Geografic "Dimitrie Cantemir" 47, no. 2 (October 31, 2019): 199–213. http://dx.doi.org/10.15551/lsgdc.v47i2.02.

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Le 14 janvier 2011, la Tunisie, un pays en ébullition a obligé l’ex-président à quitter le territoire national. Tout est remis à plat : le système politique, la gouvernance, l’administration locale, la centralisation du pouvoir. La nouvelle constitution approuvée en 2014, tente de marquer une rupture avec la première république, centralisée, discriminante, inégalitaire. Elle donne une importance au fait local, aux acteurs dans les différentes régions. Dans son chapitre VII, la nouvelle constitution accorde une place importante à la gouvernance locale et à la décentralisation. Elle prévoit même la création de l’Instance du Développement Durable et des Droits des Générations Futures. En Tunisie, avec la nouvelle constitution et la signature des accords sur les Objectifs de Développement Durable de l’ONU (ODD), la transition démocratique n’a pas permis jusque-là, de repenser une nouvelle stratégie de planification territoriale. L’urgence demeure dans la finalisation des institutions nationales, prévues par la nouvelle constitution. Face à ce vide institutionnel, les différents acteurs locaux, à toutes les échelles, s’activent sur le terrain. La prolifération des associations, la multiplication des actions de crowdsourcing et de crowdfunding, sur les réseaux sociaux, a permis de mener des actions de sensibilisation et/ou d’empowerment au service d’un territoire ou d’un projet. Cette nouvelle forme de mobilisation, avec des revendications nouvelles, soucieuses d’une amélioration collective et d’un bien-être commun, a mis en valeur le rôle des acteurs locaux, dans le processus du développement, que ce soit à travers des campagnes de sensibilisation, de dénonciation d’abus de pouvoir ou de faits de corruption, ou encore de revendications de préservation de l’environnement, etc. Néanmoins, ces actions, bien qu’inédites, demeurent éloignées des récents combats écologiques, tels que ceux menés par les Zadistes, en France contre la mise en place d’aménagements spécifiques (Barrage de Sivens, Aéroport de Notre Dame des Landes, etc).
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Nachi, Mohamed. "The construction of religion as a ‘public problem’: The emergence of Islam in the public space during Tunisia’s transition to democracy (2011–14)." Social Science Information 55, no. 4 (July 28, 2016): 495–510. http://dx.doi.org/10.1177/0539018416658152.

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The object of the present study is to analyze how, over the transition period of 2011–14, Islam became a ‘public problem’, to understand how it came to pervade the public space. I will investigate the place of religion in the public space both before and after the 2011 elections, and to do so will start with a few ‘affairs’ and controversies surrounding Islam and its place in the new Constitution as well as in the broader framework of Tunisian society.
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Sahari, Khoufi, Pouilly Nicolas, Muños Stéphane, Bérard Aurélie, Ben Jeddi Fayçal, Vincourt Patrick, and Brunel Dominique. "Genetic Diversity and Core Collection Constitution for Subsequent Creation of New Sunflower Varieties in Tunisia." Helia 39, no. 64 (July 1, 2016): 123–37. http://dx.doi.org/10.1515/helia-2016-0002.

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AbstractSunflower (Helianthus annuus L.) is used as “seed snacks”, so called “pipas”, in the Mediterranean countries which may offer an interesting opportunity for agricultural diversification of this crop. The morpho-phenological variability already demonstrated in the Tunisian local populations can be a basis for the creation of new varieties well adapted to climate and soil conditions in that region. The molecular characterization of 59 accessions and reference lines generated 194 alleles from 30 SSR loci (3–10 alleles per locus) and 54 haplotypes, built from 117 SNP detected by NGS sequencing of 7 genes (4–16 haplotypes per gene). These data highlight some uniqueness of the Tunisian material compared to 7 control lines but a low genetic dispersion between accessions. However, a core collection of 8 populations, capturing 88 % of the Tunisian genetic diversity, could be proposed for a future sunflower breeding program.
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Mesmi, Sena. "La traduction juridique: entre diversité géographique et pluralité linguistique Cas de la traduction française de la constitution algérienne, marocaine et tunisienne." مجلة قضايا لغوية | Linguistic Issues Journal 3, no. 1 (June 15, 2022): 128–39. http://dx.doi.org/10.61850/lij.v3i1.90.

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The impact of geographical diversity on general and specialized language has contributed to increasing the complexity of the translator's work and highlighted the importance of linguistic studies aimed at studying geographical linguistic problems. In fact, legal terminology is closely linked to linguistic boundaries of geographical maps and therefore the same signifier may in same cases bears different translations in the same language. This study aims to highlight the importance of translation and the role of computer translation programs in minimizing terminological differences within the same discipline and language. This study also aims to investigate and compare the translations of the same legal terms in the constitutions of three neighboring Arab countries: Algeria (2016), Morocco (2011), and Tunisia (2016), thus highlighting the importance of translation databases in designing a linguistic map of Arab legal terms.
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Booley, Ashraf. "The effect of the 2011 Arab uprising in the Middle East and North Africa (Mena region): Morocco's quest for constitutional reform and the 20 February Movement." Law, Democracy and Development 25, spe (November 29, 2021): 1–19. http://dx.doi.org/10.17159/2077-4907/2020/ldd.v25.spe10.

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Historically, Morocco experienced widespread political repression during the 1970s through to the early 1990s. Through its exploitations, the monarchy regime repressed any claims aimed at challenging its authoritarian form of public space and debate. Encouraged by the uprisings in Tunisia and Egypt, and the Arab Spring, young Moroccans began to organise extensive demonstrations across the country demanding that a more substantive democracy, social justice and an anti-corruption mechanism be put in place. The 20 February movement, named after the first demonstration held on that date in 2011, is a worthy illustration of one of the latest social movements characterised by a concentrated use of technology and their disseminated membership. King Mohammed VI, Commander of the Faithful and the highest authority in Morocco, promised in a televised speech to introduce radical and genuine constitutional reforms that would democratise the country. This article describes the historical trajectory of the monarchy, the emergence and structuring of the 20 February movement and the neutralization strategy pursued by the monarchy in bringing about a constitutional change.
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Ben Yakoub, Joachim. "Turning a City Inside-Out." Manazir Journal 4 (October 24, 2022): 55–73. http://dx.doi.org/10.36950/manazir.2022.4.4.

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Abstract The spatial dynamics were difficult to overlook during the 2011 movements of revolt in Tunisia, pushing the damned in the center of public attention in the concerted effort of turning prevailing authoritarian politics inside–out. Venturing in the spatial contestation central in these revolts, the mesmerizing occupation and re-appropriation of symbolic places, such as the Kasbah Square or Bourguiba Avenue takes center stage. These movements of occupation and re-appropriation of spatial power produced momentous heuristic enclaves of another order, projecting dreams of a renewed inclusive free and dignified body politic. Based on a long-term research in the field of visual arts in Tunisia between 2011 and 2017 and combining various postcolonial critiques, this article proposes to show how violent processes of destruction preceding these processes of re-appropriation and occupation are too often overlooked. Police stations, the presidential personality cult and the private estate of the authoritarian regime will be identified and treated as spatial nodes that maintain the compartmentalization and fragmentation of urban space in place. Moreover, by including in the analysis the often-omitted Islamist occupation and re-appropriation of mosques and public space contesting the ongoing constitutional political dynamics, this article hopes to elucidate why the revolutionary process failed in the production of a long aspired liberated and dignifying space, as the revolutionary re-appropriation of these symbolic nodes of power was not included in any political agenda.
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Esber, Paul Maurice, and Jan Claudius Völkel. "Introduction: On the Relevance of Arab Parliaments." Middle East Law and Governance 13, no. 3 (November 15, 2021): 235–51. http://dx.doi.org/10.1163/18763375-13031235.

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Abstract This introduction leads into the Special Issue “Parliaments in the Middle East and North Africa: A Struggle for Relevance.” Parliaments in the Arab world have hardly been considered to be relevant institutions during the decades of authoritarianism in the post-independence era. If at all, they were of importance as a strategic element in the power-saving strategies of regimes. The “Arab Spring” ten years ago, with its loud calls for a more democratic and socially just political sphere, opened a new window of potentiality for the legislative chambers in the countries concerned, yet to very different avail: while the “Assemblée des Représentants du Peuple” in Tunisia gained unprecedented relevance as constitution-maker and governmental watchdog, the Egyptian Majlis al-Shaʿb was dissolved in 2012 after Islamists sweepingly won the elections and were reinstated only after the old forces had resecured their stark grip on power. Here, parliament has hardly gained any new relevance. This introduction outlines the core structure of the Special Issue which takes stock of parliaments in the Arab world a decade after the 2011 uprisings, discusses the state of research, and develops its guiding theoretic framework.
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Seeberg, Peter. "The EU and Constitutionalism in Egypt: EU Foreign and Security Policy Challenges with a Special Focus on the Changing Political Setting in the MENA-region." European Foreign Affairs Review 18, Issue 3 (August 1, 2013): 411–28. http://dx.doi.org/10.54648/eerr2013025.

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The academic works on transition processes following the Arab revolts in the Middle East since the beginning of 2011 have so far mostly focused on the extraordinary character of the events which took place in Tunis, Cairo, Benghazi, etc. - attempting to explain the reasons for the in many ways surprising development in the region. This article analyses how strategic relations between the EU and Egypt are being challenged by constitutional changes in Egypt following the political development since early 2011. Initially the article describes European-Egyptian relations prior to the fall of President Hosni Mubarak by briefly going back to early contacts between the EEC and President Gamal Abdel Nasser and how more elaborate agreements developed up to recent times. Taking this historical point of departure the article characterizes the role of the EU in connection with the development since the start of the unrest in Egypt followed by an analysis of the European-Egyptian relationship over the last two years divided in three parts: Egypt and the ENP-UfM complex, the Muslim Brotherhood and the Egyptian political transformation process seen in a European perspective and finally the migration issue in the context of Egyptian-European relations. The article argues that the EU policies, which earlier have been dominated by a pragmatic approach towards the Mubarak regime, now have to be rethought considering an Egyptian polity, where the contours of a new constitutionalism are developing.
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Kamel Jomaah Alkhalidy, Marwan, and Zalina Binti Abdul Halim. "REGULATORY APPROACHES OF THE RIGHT TO INFORMATION ACCESS IN THE ARAB STATES." Law, State and Telecommunications Review 13, no. 1 (May 26, 2021): 119–30. http://dx.doi.org/10.26512/lstr.v13i1.36619.

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Purpose – However, the Right to Access to Information (RTI)[1] is guaranteed by article 91 of the Universal Declaration of Human Rights and more than 120 have adopted such a right, fewer Arab countries; mainly in Tunisia, Egypt, Morocco and Algeria, whose constitutions included the right of people to access information. Hence, the purpose of this research is to assess and provide an in-depth study of the status quo of the right to access to public information in the Arab region as well as to highlight whether the adopted laws have met people need of information. Methodology/Approach/Design – In order to achieve the purpose of this research project, a ‘non-doctrinal’ empirical socio-legal research type of qualitative method has been undertaken to examine the right to access and request information in Arab States. Findings – The paper findings shows that Arab countries are not keeping the pace on adopting and implementing the Right to Access to Information laws where culture of secrecy prevails and overcomes the openness in the Arab World. 1 The term “Right to Access to Information” RTI will be used in this article interchangeably as the right to information RTI, Freedom of Information FOI, and Right to Know RTK. Calland 2010 refers to the terminology point by stating that civil society activists, advocates and authors do not prefer using the ‘Freedom of Information’ terminology of choice in this field; instead, ‘the right of access to information’ (ATI) or ‘the right to know’ RTK have gained a kind of ascendency in the past years.
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Sadika, Rjiba, Moez Soltani, and Saloua Benammou. "Comparative study on textual data set using fuzzy clustering algorithms." Kybernetes 45, no. 8 (September 5, 2016): 1232–42. http://dx.doi.org/10.1108/k-11-2015-0301.

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Purpose The purpose of this paper is to apply the Takagi-Sugeno (T-S) fuzzy model techniques in order to treat and classify textual data sets with and without noise. A comparative study is done in order to select the most accurate T-S algorithm in the textual data sets. Design/methodology/approach From a survey about what has been termed the “Tunisian Revolution,” the authors collect a textual data set from a questionnaire targeted at students. Five clustering algorithms are mainly applied: the Gath-Geva (G-G) algorithm, the modified G-G algorithm, the fuzzy c-means algorithm and the kernel fuzzy c-means algorithm. The authors examine the performances of the four clustering algorithms and select the most reliable one to cluster textual data. Findings The proposed methodology was to cluster textual data based on the T-S fuzzy model. On one hand, the results obtained using the T-S models are in the form of numerical relationships between selected keywords and the rest of words constituting a text. Consequently, it allows the authors to interpret these results not only qualitatively but also quantitatively. On the other hand, the proposed method is applied for clustering text taking into account the noise. Originality/value The originality comes from the fact that the authors validate some economical results based on textual data, even if they have not been written by experts in the linguistic fields. In addition, the results obtained in this study are easy and simple to interpret by the analysts.
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Chadli, S., H. Khibri, W. Ammouri, M. Maamar, H. Harmouche, and Z. Tazi Mezalek. "AB0632 Intracardiac thrombosis and vascular involvement in Behçet's disease : two sides of the same coin ?" Annals of the Rheumatic Diseases 81, Suppl 1 (May 23, 2022): 1443.1–1443. http://dx.doi.org/10.1136/annrheumdis-2022-eular.3621.

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BackgroundBehçet’s disease (BD) is a relapsing vasculitis that can affect vessels of all sizes and kinds. Intracardiac thrombosis (ICT) is a serious complication of the disease, which usually presents associated to vascular lesions. However, its mechanism of constitution in BD remains unclear and the link between these manifestations has yet not been fully clarified.ObjectivesOur first objective is to describe the clinical characteristics, imaging features, therapeutic management and outcome of these patients. And secondly, to shed some light on the relation between this rare condition and the vascular involvement of the disease.MethodsThis monocentric study was conducted in the University Hospital Center Ibn Sina of Rabat (Morocco), and retrospectively included 312 Behçet patients admitted to the Internal Medicine department between 2010 and 2021. Twelve patients with ICT related to BD were enrolled.ResultsPatients were mostly male (90%) with a mean age of 30 years. ICT was the presenting symptom of BD in half of the cases. In the other half, it was detected with a mean of 6.4 years after the disease onset. Six patients had a history of deep vein thrombosis (DVT) related to BD, either as a single episode (n=3), recurrent episodes (n=2), or as DVT associated to pulmonary artery occlusion (n=1). The most frequent symptoms were dyspnea (50%), chest pain (50%), dry cough (40%) and hemoptysis (30%). Four patients had signs of right cardiac failure. Peripheral vascular manifestations were noted in five patients. The other Behçet’s flares simultaneously observed were mucocutaneous (80%), digestive (10%), ocular (10%) and articular (10%). Inflammatory parameters were raised in all patients with a median ESR of 49 mm/h and CRP of 51 mg/L. On echocardiography, ICT was always located in the right heart, with an extension to the inferior vena cava in half of the cases. Two patients had also the left cavities involved. Multiple thrombi were visualized in three cases. The associated cardiac lesions observed were pericarditis (50%), tricuspid insufficiency (50%), mitral insufficiency (10%), endomyocardial fibrosis (10%) and myocarditis (10%). The right cavities were dilated among five patients. Pulmonary hypertension was found in 60% of the cases. On CT Chest Angiography, 70% of the patients had pulmonary artery thrombosis and 50% of them had pulmonary artery aneurysms. The other vascular lesions detected were Budd Chiari syndrome with mesenteric ischemia (10%), subtotal internal jugular vein obstruction (10%) and cerebral venous sinus thrombosis (10%). All patients were treated with colchicine, glucocorticoids and immunosuppressants. Eleven patients were put under Cyclophosphamide and one under Methotrexate followed by a TNF- alpha inhibitor. Six patients were also on curative anticoagulation. No death or relapse was recorded to our knowledge. Five patients were declared on complete remission, two on partial remission.ConclusionICT is a serious complication that usually occurs in the first years of the BD’s onset, among young men with vascular manifestations. We believe that this strong association is highly suggestive that ICT in BD is a direct consequence of the underlying vasculitis.References[1]Wang H, Guo X, Tian Z et al. Intracardiac thrombus in patients with Behcet’s disease: clinical correlates, imaging features, and outcome: a retrospective, single-center experience. Clin Rheumatol. 2016 ; 35(10):2501-7;[2]Getting to the heart of the matter : diagnostic tools and therapeutic approach to cardiac involvement in Behçet syndrome. A Tunisian case series. 2021; 73 (1): 32-43.[3]Emire Seyahi. Behçet's disease: How to diagnose and treat vascular involvement. Best Pract Res Clin Rheumatol. 2016; 30(2):279-295Disclosure of InterestsNone declared
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Nouini, Elhafad. "Impact of Covid-19 on Freedom of Expression in Morocco and Tunisia." Rowaq Arabi - رواق عربي 25, no. 4 (December 4, 2020). http://dx.doi.org/10.53833/rrkp9970.

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With the onset of the Covid-19 pandemic, many countries declared a state of emergency to cope with the crisis, including countries in the Middle East and North Africa (MENA) region. This paper explores the state of emergency’s impact on the practice of rights and freedoms in the region, with a focus on freedom of opinion and expression in two North African countries, Morocco and Tunisia. In these two countries, constitutional and rights-related developments have unfolded over the last few years, especially with the 2011 Constitution in Morocco and the 2014 Constitution in Tunisia. Constitutional and rights-related developments are evaluated within the framework of the state of emergency declared in both countries during the Covid-19 crisis. This study sought to determine the extent to which the state of emergency impacted rights and freedoms in Morocco and Tunisia, with a focus on freedom of expression. The results show that both countries are still lacking in terms of constitutional protections for free expression, and for fundamental rights and freedoms in general. The systems of governance in Morocco and Tunisia, especially their executive authorities and security apparatuses, still engage in authoritarian practices and do not shy away from exploiting any extraordinary or exceptional situation to further consolidate their power and reach.
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Tamburini, Francesco. "‘How I Learned to Stop Worrying and Love Autocracy’: Kais Saied’s “Constitutional Self-Coup” in Tunisia." Journal of Asian and African Studies, February 17, 2022, 002190962210793. http://dx.doi.org/10.1177/00219096221079322.

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The president of Tunisia, Kais Saied, recurred to Article 80 of the constitution on 25 July 2021 to proclaim the “state of exception,” freezing parliamentary activities, removing the representatives’ immunity, and dissolving the government headed by Prime Minister Hichem Mechichi. The following presidential decree 2021-117 on 22 September granted him legislative powers by decree, dismantling the constitution of 2014, which was the cornerstone of the result of the “Jasmine Revolution” of 2011. This article will analyze the constitutionality of the presidential decrees and shed light on the juridical, socioeconomical, and political circumstances that allowed Saied to perform what can be described as a constitutional coup or a self-coup, which reshaped the future of Tunisia.
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"The Failure of the Democratic Transition in Tunisia (2010- 2021): The Reasons and the Expected Scenarios." Journal of the Faculties of Arts 19, no. 2 (October 1, 2022): 555–87. http://dx.doi.org/10.51405/19.2.10.

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The study aims to highlight the theoretical rooting of the concept of democratic transition, and to study the reasons for the failure of the Tunisian experience after ten years of the democratic transition process in light of the escalation of the political and constitutional crisis and the conflict between the three presidencies (President of the Republic, Head of Government, Speaker of the Assembly of People’s Representatives). The paper also aims to study the justifications that prompted the President of the Republic to issue exceptional decisions (7/25/2021) to freeze the democratic process. The article uses the historical, descriptive, analytical, and probabilistic inductive approach to prove the validity of its hypothesis. There is a correlation between the stumbling of the democratic transition process and the form of the mixed political system that was adopted in the 2014 constitution. The study foretells the scenario of amending and restructuring the political system towards the presidential system. Keywords: Tunisia, The democratic transition, Ennahda party, Qais Saied, Rashid Ghannouchi, Hybrid political regime.
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Wolf, Anne. "Bringing the state back in: Ruling parties and regime collapse during the Arab Uprisings." Politics, April 25, 2024. http://dx.doi.org/10.1177/02633957241245896.

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Scholars have mostly investigated the fall of dictatorships during the Arab Uprisings through the lens of contentious politics, uncovering new information about the protest dynamics and how they spread both within countries and throughout the wider region. However, the longer structural vulnerabilities within regimes have received little attention; yet such factors internal to states and their regimes proved paramount to the social revolutions investigated by Theda Skocpol. Focusing on the case of Tunisia, the author shows how the economic downturn and a succession crisis contributed to the decay of the Zine el-Abidine Ben Ali regime starting in the 2000s. Importantly, they heightened internecine conflicts within the regime and, in particular, within the longtime ruling party, the Constitutional Democratic Rally. It is through this backdrop that the events of the 2010–2011 Tunisian revolution must be understood: far from supporting the regime in times of crisis, members of Ben Ali’s ruling party engaged in contentious activities against him, thus crucially weakening the regime from within.
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Abdessadek, Taoufik. "The Reality and Future of Reforms in Morocco 2011-2021: The Question of Authority." Rowaq Arabi - رواق عربي 26, no. 1 (June 3, 2021). http://dx.doi.org/10.53833/rkvr4626.

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The following paper is a study of Morocco’s political experience, which was often described as smooth and reformist in comparison to other more radical and deep-rooted national experiences in the context of the Arab Spring uprisings, be they from the first wave beginning in 2011 (especially Tunisia, Egypt, Syria, and Yemen) or be they from the second wave in 2019 (most notably Sudan and Algeria). Seeking to deconstruct the process of constitutional and political reform in Morocco during the decade-long period between 2011 and the current year 2021, the analysis is centred upon the question of authority, and decision-making processes within the framework of authority. The paper deploys a theoretical framework grounded in the tools of institutional analysis and its intersections with the constitutional approach and elite framing in order to deconstruct the structures of authoritarianism while measuring political change and democratisation. The explanation and interpretation of reform in Morocco is conducted through a methodology that weaves together two approaches, the first of which is based on the 2011 constitution. The second departs from the constitutional framework to explore the historical and political foundations that formed political authority in Morocco and steered its continuities. The study concludes by asserting that the failure to frame reform within the question of authority must be addressed; political authority in Morocco is grounded in multileveled decision-making and in the restoration and turnover of elites. This blind spot towards addressing reform within the context of authority was created by the limitation of reform outputs within a narrow field dominated by the monarchy. In turn, the trajectory of reform was conditioned by practices and beliefs of the political regime and its understanding of the many variables comprising Morocco’s current political outlook.
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Zaier, Nejiba. "La protection de l’environnement tunisien au lendemain de la révolution." elni Review, May 2012, 30–34. http://dx.doi.org/10.46850/elni.2012.006.

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This article discusses environmental law in Tunisia with a special focus on the recent developments relating to the abolition of Tunisian dictatorship in January 2011. In addition to discussion of recent activities which followed the revolution, the author provides a brief overview of the sectoral laws on air, water, waste, as well as cultural goods and archaeological and historical heritage, and traditional arts, stating regulatory aims, legal sanction tools and shortcomings under the former regime. Since the dissolution of Tunisian dictatorship, a considerable number of lawsuits have been brought before the courts, in particular concerning restitution of private property. Alongside this, other activities have been undertaken to improve the environmental situation and remedy the damages brought about under the dictatorial regime. The reported means cover working groups seeking ways to sensitise the population by making relevant information available, as well as, more pointed projects involving eco-tourism, consolidation of evaluative and communicative instruments available in environmental governance, etc. In this context, the author specifically points out the role of international cooperation with the EU and actors belonging to the European area. The article also includes a brief reflection on the strengthening of citizens’ rights to a healthy environment while discussions are cur- rently taking place to implement such a right in the constitution.
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Pilati, Katia, Giuseppe Acconcia, David Leone Suber, and Henda Chennaoui. "Protest Demobilization In Post-Revolutionary Settings: Trajectories To Counter-Revolution And To Democratic Transition." Political Studies, August 25, 2021, 003232172110340. http://dx.doi.org/10.1177/00323217211034050.

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This article examines two outcomes of demobilization in post-revolutionary contexts, democratic transition and counter-revolution. Complementing elite-driven approaches, we argue that the way demobilization ends is conditional upon the capacity of challengers to promote enduring alliances. Following a paired controlled comparison, we analyse two cases, Egypt and Tunisia and processes of alliance building and fragmentation preceding the 2013 coup d’Etat in Egypt, and the adoption of a new Constitution in 2014 in Tunisia. Data from semi-structured and in-depth interviews were collected through fieldwork in multiple localities of Egypt and Tunisia between 2011 and 2019. Results show that the fragmentation of the challengers’ coalition in post-revolutionary Egypt contributed to a counter-revolution while, in Tunisia, challengers’ alliances rooted in the pre-revolutionary period lasted throughout the phase of demobilization and supported a democratic transition. We conclude by discussing some alliance-based mechanisms accounting for a democratic transition: intergroup trust-building, brokerage and ideological boundary deactivation.
42

Nasrawin, Laith K. "Towards the Establishment of an International Constitutional Court." ICL Journal 10, no. 4 (January 1, 2016). http://dx.doi.org/10.1515/icl-2016-0403.

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AbstractThis article comprehensively examines the 1999 recommendation of the Tunisian government to create an International Constitutional Court that is designed to enhance the principles of democracy and human rights and to strengthen the constitutional doctrine which states that the people are the source of authority in a given country. This proposal, which was strongly advocated by former Tunisian President Mohamed Moncef Marzouki during his term in office, aims to underscore the importance of establishing an international judicial entity and analysing its bylaws with respect to its terms and conditions, formation, jurisdiction and selection of judges. The article traces the trajectory of the movement, from the proposal stage to the latest developments in formally establishing the international judicial entity. Finally, the article identifies various possible difficulties and challenges that are likely to stand in the way of implementing the proposal.
43

Tamburini, Francesco. "The State of Emergency and Exception in Algeria, Morocco and Tunisia: The ‘License to Kill’ the Rule of Law?" Journal of Asian and African Studies, September 28, 2020, 002190962096253. http://dx.doi.org/10.1177/0021909620962530.

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This paper shows how the constitutional provisions related to the state of emergency and exception, although they are contained within democratic traditions, were set to operate in Algeria, Morocco and Tunisia as a mechanism of basic control and maintenance of liberal autocracies. The state of emergency model was used for the survival of regimes in times of instability and social unrest, leading in some cases to the suspension of human rights for many years. Nevertheless, these provisions were modified or lifted when the regime had to show a more convincing stake to the democratic process in 2011.
44

Sonneveld, Nadia. "Introduction: Shariʿa in Revolution? A Comparative Overview of Pre- and Post- Revolutionary Developments in Shariʿa-Based Family Law Legislation in Egypt, Indonesia, Iran, and Tunisia". New Middle Eastern Studies 5 (19 травня 2015). http://dx.doi.org/10.29311/nmes.v5i0.2665.

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In 2011, the world witnessed how massive civil resistance by men andwomen alike led to the forced departure of long-serving authoritarian leaders in the Arabworld. In the present transitional period in which constitutions have been suspended and newdefinitions of citizenship are being debated, women’s rights and family law have neverthelessemerged as contentious areas in the Arab World. These have been portrayed as symbols ofthe old regime and as deviating from the principles of shariʿa. Calls to amend women’srights abound. By comparing both pre- and post-revolutionary family law developments infour Muslim-majority countries, this special series of articles explores the implications ofthese controversies on the rights of men and women in the political transition processes ofEgypt, Indonesia, Iran, and Tunisia.
45

Annicchino, Pasquale. "The Fragmentation of Human Rights. Case Studies from a Post-Arab Spring Context." Italian Review of International and Comparative Law, July 19, 2022, 1–6. http://dx.doi.org/10.1163/27725650-02010015.

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Abstract The Middle East and North Africa region is diverse and large, and it is therefore difficult to make broad arguments and generalizations on the impact of the Arab Spring on human rights protection. In this context, Egypt and Tunisia are important case studies for the assessment of constitutional transitions and human rights protection in a post-Arab Spring context. After the 2011 uprisings and the fall of the ruling authoritarian regimes, activists, scholars, and civil society organizations raised hopes about improvements in the protection of human rights. However, many forces (security services, the military, religious actors) worked against the hopes of the Revolution. The counter-reaction did not happen only because of national political struggles. Institutional factors also played against structural improvements in human rights promotion and protection. Changes in human rights practices need stable institutional frameworks which facilitate the improvement of human rights practices and constitutional transitions. Tommaso Virgili, with his contribution, focuses on the protection of sexual minorities and freethinkers.
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Abd Mouleh, Maher. "Le Territoire Tunisien A Travers La Constitution De 2014:, Nouveau Découpage Et Nouvel Elan En Termes De Décentralisation Et De Démocratisation." مجلة دراسات قانونية, 2015, 51. http://dx.doi.org/10.38167/1474-000-022-015.

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47

Özdemir, Salih Emre. "Alternative Historiography of the Islamist Movement: A Periodization Proposal." TSBS Bildiriler Dergisi, no. 3 (August 8, 2023). http://dx.doi.org/10.55709/tsbsbildirilerdergisi.470.

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The modernity movement, which emerged as a manifestation of the political, economic, and religious transformation of the West, claimed that religions would become obsolete in the process. The systems and understandings institutionalized on this claim and belief have applied this situation to non-Western religions and defined the religious movement and discourse as “reactionary”. When viewed from a different perspective, it is understood that Islamic movements, which are handled with a Western-centered historiography, emerged with Islamic methods. As a matter of fact, when the experiences of transforming the concepts and institutions (Persian bureaucracy, Greek Philosophy, Mongolian Customs...) encountered by Muslims in the history of Islam and the methods they use are taken into account, It is seen that this situation shows itself again against the Orientalist Western states. First of all, Muslims, who acted with methods coming from the Muslim self-perception to resist the invasion attempts of Western states, derived the concept of "Islamic Civilization" from the history and roots of Islam, despite the "civilization" policy of the Orientalist West. These movements, which took place between 1865 and 1920, showed themselves as "Islamization of Civilization". In the renewal process that started after the First World War, Muslims encountered the concept of the modern state and aimed to Islamize this concept or to oppose it. Concepts such as "nation, citizen, monopoly of violence, and constitution", which are the elements of the modern state, have become new issues that Islamists deal with. In this context, between the years of 1923-1979, Islamists, reacting to the understanding of the modern state (Kemalism, Nasserism, Pahlavi Dynasty), engaged in the conceptualization of the Islamic state, and in this process, efforts to "Islamize the Modern State" occurred. The modern state system was hit hard by the Iranian Islamic Revolution in 1979; A new process has begun for Islamic movements. After the understanding based on Arab nationalism lost its influence with the Camp David Agreement and the Afghan Jihad, Islam was reinterpreted as a new element. In this process, Islamic movements, which were reorganized as an alternative to the regimes that were institutionalized in isolation from the people, aimed to have a say in power through democracy. In this context, the prominent concept of this process has been democracy, and Islamists have developed new understandings by "Islamizing democracy". The process that started in 1979 continued with the ten-year cycle (end of the cold war, September 11 attacks). In this process, Islamic movements, with regimes representing the established order, at the local level; They have redefined themselves and their roadmaps at the global level to oppose the policy developed by the USA against the Islamic world. When it came to 2011, Islamism found itself at the center of change against the regimes that entered into a systemic and mental crisis as a result of the popular uprising. Confronting the concepts of power, such as democracy, pluralism, human rights and equality in this process, Islamic movements have embarked on the path of "Islamization of power". The Islamist movement, which is discussed in the literature through anti-Westernism and allegedly "failure", has redefined itself by reinterpreting concepts such as democracy and human rights (the Ennahda Party in Tunisia). In this process, where the western-centred system and understanding changed, the Islamism movement, which was synthesized with local interpretations, aimed to build a new understanding around the concepts of moderation and reconciliation in the new process. This study, which tries to produce counter-arguments that the Islamist movement can only exist with Western values, has tried to bring a new perspective to the literature by periodizing political history. As a result of the study, it has been claimed that this trend, which developed reactively, occurred in order to resist the dominant current of the period with its own methods, and that Islamists tried to make these concepts suitable for the Muslim mind world. This study, which deals with the alleged periodizations with individuals and institutions, aims to bring different perspectives to the politics of Islamism, which is a controversial issue today.
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Bowers, Olivia, and Mifrah Hayath. "Cultural Relativity and Acceptance of Embryonic Stem Cell Research." Voices in Bioethics 10 (May 16, 2024). http://dx.doi.org/10.52214/vib.v10i.12685.

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Photo ID 158378414 © Eduard Muzhevskyi | Dreamstime.com ABSTRACT There is a debate about the ethical implications of using human embryos in stem cell research, which can be influenced by cultural, moral, and social values. This paper argues for an adaptable framework to accommodate diverse cultural and religious perspectives. By using an adaptive ethics model, research protections can reflect various populations and foster growth in stem cell research possibilities. INTRODUCTION Stem cell research combines biology, medicine, and technology, promising to alter health care and the understanding of human development. Yet, ethical contention exists because of individuals’ perceptions of using human embryos based on their various cultural, moral, and social values. While these disagreements concerning policy, use, and general acceptance have prompted the development of an international ethics policy, such a uniform approach can overlook the nuanced ethical landscapes between cultures. With diverse viewpoints in public health, a single global policy, especially one reflecting Western ethics or the ethics prevalent in high-income countries, is impractical. This paper argues for a culturally sensitive, adaptable framework for the use of embryonic stem cells. Stem cell policy should accommodate varying ethical viewpoints and promote an effective global dialogue. With an extension of an ethics model that can adapt to various cultures, we recommend localized guidelines that reflect the moral views of the people those guidelines serve. BACKGROUND Stem cells, characterized by their unique ability to differentiate into various cell types, enable the repair or replacement of damaged tissues. Two primary types of stem cells are somatic stem cells (adult stem cells) and embryonic stem cells. Adult stem cells exist in developed tissues and maintain the body’s repair processes.[1] Embryonic stem cells (ESC) are remarkably pluripotent or versatile, making them valuable in research.[2] However, the use of ESCs has sparked ethics debates. Considering the potential of embryonic stem cells, research guidelines are essential. The International Society for Stem Cell Research (ISSCR) provides international stem cell research guidelines. They call for “public conversations touching on the scientific significance as well as the societal and ethical issues raised by ESC research.”[3] The ISSCR also publishes updates about culturing human embryos 14 days post fertilization, suggesting local policies and regulations should continue to evolve as ESC research develops.[4] Like the ISSCR, which calls for local law and policy to adapt to developing stem cell research given cultural acceptance, this paper highlights the importance of local social factors such as religion and culture. I. Global Cultural Perspective of Embryonic Stem Cells Views on ESCs vary throughout the world. Some countries readily embrace stem cell research and therapies, while others have stricter regulations due to ethical concerns surrounding embryonic stem cells and when an embryo becomes entitled to moral consideration. The philosophical issue of when the “someone” begins to be a human after fertilization, in the morally relevant sense,[5] impacts when an embryo becomes not just worthy of protection but morally entitled to it. The process of creating embryonic stem cell lines involves the destruction of the embryos for research.[6] Consequently, global engagement in ESC research depends on social-cultural acceptability. a. US and Rights-Based Cultures In the United States, attitudes toward stem cell therapies are diverse. The ethics and social approaches, which value individualism,[7] trigger debates regarding the destruction of human embryos, creating a complex regulatory environment. For example, the 1996 Dickey-Wicker Amendment prohibited federal funding for the creation of embryos for research and the destruction of embryos for “more than allowed for research on fetuses in utero.”[8] Following suit, in 2001, the Bush Administration heavily restricted stem cell lines for research. However, the Stem Cell Research Enhancement Act of 2005 was proposed to help develop ESC research but was ultimately vetoed.[9] Under the Obama administration, in 2009, an executive order lifted restrictions allowing for more development in this field.[10] The flux of research capacity and funding parallels the different cultural perceptions of human dignity of the embryo and how it is socially presented within the country’s research culture.[11] b. Ubuntu and Collective Cultures African bioethics differs from Western individualism because of the different traditions and values. African traditions, as described by individuals from South Africa and supported by some studies in other African countries, including Ghana and Kenya, follow the African moral philosophies of Ubuntu or Botho and Ukama, which “advocates for a form of wholeness that comes through one’s relationship and connectedness with other people in the society,”[12] making autonomy a socially collective concept. In this context, for the community to act autonomously, individuals would come together to decide what is best for the collective. Thus, stem cell research would require examining the value of the research to society as a whole and the use of the embryos as a collective societal resource. If society views the source as part of the collective whole, and opposes using stem cells, compromising the cultural values to pursue research may cause social detachment and stunt research growth.[13] Based on local culture and moral philosophy, the permissibility of stem cell research depends on how embryo, stem cell, and cell line therapies relate to the community as a whole. Ubuntu is the expression of humanness, with the person’s identity drawn from the “’I am because we are’” value.[14] The decision in a collectivistic culture becomes one born of cultural context, and individual decisions give deference to others in the society. Consent differs in cultures where thought and moral philosophy are based on a collective paradigm. So, applying Western bioethical concepts is unrealistic. For one, Africa is a diverse continent with many countries with different belief systems, access to health care, and reliance on traditional or Western medicines. Where traditional medicine is the primary treatment, the “’restrictive focus on biomedically-related bioethics’” [is] problematic in African contexts because it neglects bioethical issues raised by traditional systems.”[15] No single approach applies in all areas or contexts. Rather than evaluating the permissibility of ESC research according to Western concepts such as the four principles approach, different ethics approaches should prevail. Another consideration is the socio-economic standing of countries. In parts of South Africa, researchers have not focused heavily on contributing to the stem cell discourse, either because it is not considered health care or a health science priority or because resources are unavailable.[16] Each country’s priorities differ given different social, political, and economic factors. In South Africa, for instance, areas such as maternal mortality, non-communicable diseases, telemedicine, and the strength of health systems need improvement and require more focus[17] Stem cell research could benefit the population, but it also could divert resources from basic medical care. Researchers in South Africa adhere to the National Health Act and Medicines Control Act in South Africa and international guidelines; however, the Act is not strictly enforced, and there is no clear legislation for research conduct or ethical guidelines.[18] Some parts of Africa condemn stem cell research. For example, 98.2 percent of the Tunisian population is Muslim.[19] Tunisia does not permit stem cell research because of moral conflict with a Fatwa. Religion heavily saturates the regulation and direction of research.[20] Stem cell use became permissible for reproductive purposes only recently, with tight restrictions preventing cells from being used in any research other than procedures concerning ART/IVF. Their use is conditioned on consent, and available only to married couples.[21] The community's receptiveness to stem cell research depends on including communitarian African ethics. c. Asia Some Asian countries also have a collective model of ethics and decision making.[22] In China, the ethics model promotes a sincere respect for life or human dignity,[23] based on protective medicine. This model, influenced by Traditional Chinese Medicine (TCM), [24] recognizes Qi as the vital energy delivered via the meridians of the body; it connects illness to body systems, the body’s entire constitution, and the universe for a holistic bond of nature, health, and quality of life.[25] Following a protective ethics model, and traditional customs of wholeness, investment in stem cell research is heavily desired for its applications in regenerative therapies, disease modeling, and protective medicines. In a survey of medical students and healthcare practitioners, 30.8 percent considered stem cell research morally unacceptable while 63.5 percent accepted medical research using human embryonic stem cells. Of these individuals, 89.9 percent supported increased funding for stem cell research.[26] The scientific community might not reflect the overall population. From 1997 to 2019, China spent a total of $576 million (USD) on stem cell research at 8,050 stem cell programs, increased published presence from 0.6 percent to 14.01 percent of total global stem cell publications as of 2014, and made significant strides in cell-based therapies for various medical conditions.[27] However, while China has made substantial investments in stem cell research and achieved notable progress in clinical applications, concerns linger regarding ethical oversight and transparency.[28] For example, the China Biosecurity Law, promoted by the National Health Commission and China Hospital Association, attempted to mitigate risks by introducing an institutional review board (IRB) in the regulatory bodies. 5800 IRBs registered with the Chinese Clinical Trial Registry since 2021.[29] However, issues still need to be addressed in implementing effective IRB review and approval procedures. The substantial government funding and focus on scientific advancement have sometimes overshadowed considerations of regional cultures, ethnic minorities, and individual perspectives, particularly evident during the one-child policy era. As government policy adapts to promote public stability, such as the change from the one-child to the two-child policy,[30] research ethics should also adapt to ensure respect for the values of its represented peoples. Japan is also relatively supportive of stem cell research and therapies. Japan has a more transparent regulatory framework, allowing for faster approval of regenerative medicine products, which has led to several advanced clinical trials and therapies.[31] South Korea is also actively engaged in stem cell research and has a history of breakthroughs in cloning and embryonic stem cells.[32] However, the field is controversial, and there are issues of scientific integrity. For example, the Korean FDA fast-tracked products for approval,[33] and in another instance, the oocyte source was unclear and possibly violated ethical standards.[34] Trust is important in research, as it builds collaborative foundations between colleagues, trial participant comfort, open-mindedness for complicated and sensitive discussions, and supports regulatory procedures for stakeholders. There is a need to respect the culture’s interest, engagement, and for research and clinical trials to be transparent and have ethical oversight to promote global research discourse and trust. d. Middle East Countries in the Middle East have varying degrees of acceptance of or restrictions to policies related to using embryonic stem cells due to cultural and religious influences. Saudi Arabia has made significant contributions to stem cell research, and conducts research based on international guidelines for ethical conduct and under strict adherence to guidelines in accordance with Islamic principles. Specifically, the Saudi government and people require ESC research to adhere to Sharia law. In addition to umbilical and placental stem cells,[35] Saudi Arabia permits the use of embryonic stem cells as long as they come from miscarriages, therapeutic abortions permissible by Sharia law, or are left over from in vitro fertilization and donated to research.[36] Laws and ethical guidelines for stem cell research allow the development of research institutions such as the King Abdullah International Medical Research Center, which has a cord blood bank and a stem cell registry with nearly 10,000 donors.[37] Such volume and acceptance are due to the ethical ‘permissibility’ of the donor sources, which do not conflict with religious pillars. However, some researchers err on the side of caution, choosing not to use embryos or fetal tissue as they feel it is unethical to do so.[38] Jordan has a positive research ethics culture.[39] However, there is a significant issue of lack of trust in researchers, with 45.23 percent (38.66 percent agreeing and 6.57 percent strongly agreeing) of Jordanians holding a low level of trust in researchers, compared to 81.34 percent of Jordanians agreeing that they feel safe to participate in a research trial.[40] Safety testifies to the feeling of confidence that adequate measures are in place to protect participants from harm, whereas trust in researchers could represent the confidence in researchers to act in the participants’ best interests, adhere to ethical guidelines, provide accurate information, and respect participants’ rights and dignity. One method to improve trust would be to address communication issues relevant to ESC. Legislation surrounding stem cell research has adopted specific language, especially concerning clarification “between ‘stem cells’ and ‘embryonic stem cells’” in translation.[41] Furthermore, legislation “mandates the creation of a national committee… laying out specific regulations for stem-cell banking in accordance with international standards.”[42] This broad regulation opens the door for future global engagement and maintains transparency. However, these regulations may also constrain the influence of research direction, pace, and accessibility of research outcomes. e. Europe In the European Union (EU), ethics is also principle-based, but the principles of autonomy, dignity, integrity, and vulnerability are interconnected.[43] As such, the opportunity for cohesion and concessions between individuals’ thoughts and ideals allows for a more adaptable ethics model due to the flexible principles that relate to the human experience The EU has put forth a framework in its Convention for the Protection of Human Rights and Dignity of the Human Being allowing member states to take different approaches. Each European state applies these principles to its specific conventions, leading to or reflecting different acceptance levels of stem cell research. [44] For example, in Germany, Lebenzusammenhang, or the coherence of life, references integrity in the unity of human culture. Namely, the personal sphere “should not be subject to external intervention.”[45] Stem cell interventions could affect this concept of bodily completeness, leading to heavy restrictions. Under the Grundgesetz, human dignity and the right to life with physical integrity are paramount.[46] The Embryo Protection Act of 1991 made producing cell lines illegal. Cell lines can be imported if approved by the Central Ethics Commission for Stem Cell Research only if they were derived before May 2007.[47] Stem cell research respects the integrity of life for the embryo with heavy specifications and intense oversight. This is vastly different in Finland, where the regulatory bodies find research more permissible in IVF excess, but only up to 14 days after fertilization.[48] Spain’s approach differs still, with a comprehensive regulatory framework.[49] Thus, research regulation can be culture-specific due to variations in applied principles. Diverse cultures call for various approaches to ethical permissibility.[50] Only an adaptive-deliberative model can address the cultural constructions of self and achieve positive, culturally sensitive stem cell research practices.[51] II. Religious Perspectives on ESC Embryonic stem cell sources are the main consideration within religious contexts. While individuals may not regard their own religious texts as authoritative or factual, religion can shape their foundations or perspectives. The Qur'an states: “And indeed We created man from a quintessence of clay. Then We placed within him a small quantity of nutfa (sperm to fertilize) in a safe place. Then We have fashioned the nutfa into an ‘alaqa (clinging clot or cell cluster), then We developed the ‘alaqa into mudgha (a lump of flesh), and We made mudgha into bones, and clothed the bones with flesh, then We brought it into being as a new creation. So Blessed is Allah, the Best of Creators.”[52] Many scholars of Islam estimate the time of soul installment, marked by the angel breathing in the soul to bring the individual into creation, as 120 days from conception.[53] Personhood begins at this point, and the value of life would prohibit research or experimentation that could harm the individual. If the fetus is more than 120 days old, the time ensoulment is interpreted to occur according to Islamic law, abortion is no longer permissible.[54] There are a few opposing opinions about early embryos in Islamic traditions. According to some Islamic theologians, there is no ensoulment of the early embryo, which is the source of stem cells for ESC research.[55] In Buddhism, the stance on stem cell research is not settled. The main tenets, the prohibition against harming or destroying others (ahimsa) and the pursuit of knowledge (prajña) and compassion (karuna), leave Buddhist scholars and communities divided.[56] Some scholars argue stem cell research is in accordance with the Buddhist tenet of seeking knowledge and ending human suffering. Others feel it violates the principle of not harming others. Finding the balance between these two points relies on the karmic burden of Buddhist morality. In trying to prevent ahimsa towards the embryo, Buddhist scholars suggest that to comply with Buddhist tenets, research cannot be done as the embryo has personhood at the moment of conception and would reincarnate immediately, harming the individual's ability to build their karmic burden.[57] On the other hand, the Bodhisattvas, those considered to be on the path to enlightenment or Nirvana, have given organs and flesh to others to help alleviate grieving and to benefit all.[58] Acceptance varies on applied beliefs and interpretations. Catholicism does not support embryonic stem cell research, as it entails creation or destruction of human embryos. This destruction conflicts with the belief in the sanctity of life. For example, in the Old Testament, Genesis describes humanity as being created in God’s image and multiplying on the Earth, referencing the sacred rights to human conception and the purpose of development and life. In the Ten Commandments, the tenet that one should not kill has numerous interpretations where killing could mean murder or shedding of the sanctity of life, demonstrating the high value of human personhood. In other books, the theological conception of when life begins is interpreted as in utero,[59] highlighting the inviolability of life and its formation in vivo to make a religious point for accepting such research as relatively limited, if at all.[60] The Vatican has released ethical directives to help apply a theological basis to modern-day conflicts. The Magisterium of the Church states that “unless there is a moral certainty of not causing harm,” experimentation on fetuses, fertilized cells, stem cells, or embryos constitutes a crime.[61] Such procedures would not respect the human person who exists at these stages, according to Catholicism. Damages to the embryo are considered gravely immoral and illicit.[62] Although the Catholic Church officially opposes abortion, surveys demonstrate that many Catholic people hold pro-choice views, whether due to the context of conception, stage of pregnancy, threat to the mother’s life, or for other reasons, demonstrating that practicing members can also accept some but not all tenets.[63] Some major Jewish denominations, such as the Reform, Conservative, and Reconstructionist movements, are open to supporting ESC use or research as long as it is for saving a life.[64] Within Judaism, the Talmud, or study, gives personhood to the child at birth and emphasizes that life does not begin at conception:[65] “If she is found pregnant, until the fortieth day it is mere fluid,”[66] Whereas most religions prioritize the status of human embryos, the Halakah (Jewish religious law) states that to save one life, most other religious laws can be ignored because it is in pursuit of preservation.[67] Stem cell research is accepted due to application of these religious laws. We recognize that all religions contain subsets and sects. The variety of environmental and cultural differences within religious groups requires further analysis to respect the flexibility of religious thoughts and practices. We make no presumptions that all cultures require notions of autonomy or morality as under the common morality theory, which asserts a set of universal moral norms that all individuals share provides moral reasoning and guides ethical decisions.[68] We only wish to show that the interaction with morality varies between cultures and countries. III. A Flexible Ethical Approach The plurality of different moral approaches described above demonstrates that there can be no universally acceptable uniform law for ESC on a global scale. Instead of developing one standard, flexible ethical applications must be continued. We recommend local guidelines that incorporate important cultural and ethical priorities. While the Declaration of Helsinki is more relevant to people in clinical trials receiving ESC products, in keeping with the tradition of protections for research subjects, consent of the donor is an ethical requirement for ESC donation in many jurisdictions including the US, Canada, and Europe.[69] The Declaration of Helsinki provides a reference point for regulatory standards and could potentially be used as a universal baseline for obtaining consent prior to gamete or embryo donation. For instance, in Columbia University’s egg donor program for stem cell research, donors followed standard screening protocols and “underwent counseling sessions that included information as to the purpose of oocyte donation for research, what the oocytes would be used for, the risks and benefits of donation, and process of oocyte stimulation” to ensure transparency for consent.[70] The program helped advance stem cell research and provided clear and safe research methods with paid participants. Though paid participation or covering costs of incidental expenses may not be socially acceptable in every culture or context,[71] and creating embryos for ESC research is illegal in many jurisdictions, Columbia’s program was effective because of the clear and honest communications with donors, IRBs, and related stakeholders. This example demonstrates that cultural acceptance of scientific research and of the idea that an egg or embryo does not have personhood is likely behind societal acceptance of donating eggs for ESC research. As noted, many countries do not permit the creation of embryos for research. Proper communication and education regarding the process and purpose of stem cell research may bolster comprehension and garner more acceptance. “Given the sensitive subject material, a complete consent process can support voluntary participation through trust, understanding, and ethical norms from the cultures and morals participants value. This can be hard for researchers entering countries of different socioeconomic stability, with different languages and different societal values.[72] An adequate moral foundation in medical ethics is derived from the cultural and religious basis that informs knowledge and actions.[73] Understanding local cultural and religious values and their impact on research could help researchers develop humility and promote inclusion. IV. Concerns Some may argue that if researchers all adhere to one ethics standard, protection will be satisfied across all borders, and the global public will trust researchers. However, defining what needs to be protected and how to define such research standards is very specific to the people to which standards are applied. We suggest that applying one uniform guide cannot accurately protect each individual because we all possess our own perceptions and interpretations of social values.[74] Therefore, the issue of not adjusting to the moral pluralism between peoples in applying one standard of ethics can be resolved by building out ethics models that can be adapted to different cultures and religions. Other concerns include medical tourism, which may promote health inequities.[75] Some countries may develop and approve products derived from ESC research before others, compromising research ethics or drug approval processes. There are also concerns about the sale of unauthorized stem cell treatments, for example, those without FDA approval in the United States. Countries with robust research infrastructures may be tempted to attract medical tourists, and some customers will have false hopes based on aggressive publicity of unproven treatments.[76] For example, in China, stem cell clinics can market to foreign clients who are not protected under the regulatory regimes. Companies employ a marketing strategy of “ethically friendly” therapies. Specifically, in the case of Beike, China’s leading stem cell tourism company and sprouting network, ethical oversight of administrators or health bureaus at one site has “the unintended consequence of shifting questionable activities to another node in Beike's diffuse network.”[77] In contrast, Jordan is aware of stem cell research’s potential abuse and its own status as a “health-care hub.” Jordan’s expanded regulations include preserving the interests of individuals in clinical trials and banning private companies from ESC research to preserve transparency and the integrity of research practices.[78] The social priorities of the community are also a concern. The ISSCR explicitly states that guidelines “should be periodically revised to accommodate scientific advances, new challenges, and evolving social priorities.”[79] The adaptable ethics model extends this consideration further by addressing whether research is warranted given the varying degrees of socioeconomic conditions, political stability, and healthcare accessibilities and limitations. An ethical approach would require discussion about resource allocation and appropriate distribution of funds.[80] CONCLUSION While some religions emphasize the sanctity of life from conception, which may lead to public opposition to ESC research, others encourage ESC research due to its potential for healing and alleviating human pain. Many countries have special regulations that balance local views on embryonic personhood, the benefits of research as individual or societal goods, and the protection of human research subjects. To foster understanding and constructive dialogue, global policy frameworks should prioritize the protection of universal human rights, transparency, and informed consent. In addition to these foundational global policies, we recommend tailoring local guidelines to reflect the diverse cultural and religious perspectives of the populations they govern. Ethics models should be adapted to local populations to effectively establish research protections, growth, and possibilities of stem cell research. For example, in countries with strong beliefs in the moral sanctity of embryos or heavy religious restrictions, an adaptive model can allow for discussion instead of immediate rejection. In countries with limited individual rights and voice in science policy, an adaptive model ensures cultural, moral, and religious views are taken into consideration, thereby building social inclusion. While this ethical consideration by the government may not give a complete voice to every individual, it will help balance policies and maintain the diverse perspectives of those it affects. Embracing an adaptive ethics model of ESC research promotes open-minded dialogue and respect for the importance of human belief and tradition. By actively engaging with cultural and religious values, researchers can better handle disagreements and promote ethical research practices that benefit each society. This brief exploration of the religious and cultural differences that impact ESC research reveals the nuances of relative ethics and highlights a need for local policymakers to apply a more intense adaptive model. - [1] Poliwoda, S., Noor, N., Downs, E., Schaaf, A., Cantwell, A., Ganti, L., Kaye, A. D., Mosel, L. I., Carroll, C. B., Viswanath, O., & Urits, I. (2022). Stem cells: a comprehensive review of origins and emerging clinical roles in medical practice. 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International Society for Stem Cell Research. https://www.isscr.org/guidelines/blog-post-title-one-ed2td-6fcdk [5] Concerning the moral philosophies of stem cell research, our paper does not posit a personal moral stance nor delve into the “when” of human life begins. To read further about the philosophical debate, consider the following sources: Sandel M. J. (2004). Embryo ethics--the moral logic of stem-cell research. The New England journal of medicine, 351(3), 207–209. https://doi.org/10.1056/NEJMp048145; George, R. P., & Lee, P. (2020, September 26). Acorns and Embryos. The New Atlantis. https://www.thenewatlantis.com/publications/acorns-and-embryos; Sagan, A., & Singer, P. (2007). The moral status of stem cells. Metaphilosophy, 38(2/3), 264–284. http://www.jstor.org/stable/24439776; McHugh P. R. (2004). Zygote and "clonote"--the ethical use of embryonic stem cells. 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[14] Jecker, N. S., & Atuire, C. (2021). Bioethics in Africa: A contextually enlightened analysis of three cases. Developing World Bioethics, 22(2), 112–122. https://doi.org/10.1111/dewb.12324 [15] Jecker, N. S., & Atuire, C. (2021). Bioethics in Africa: A contextually enlightened analysis of three cases. Developing World Bioethics, 22(2), 112–122. https://doi.org/10.1111/dewb.12324 [16] Jackson, C.S., Pepper, M.S. Opportunities and barriers to establishing a cell therapy programme in South Africa. Stem Cell Res Ther 4, 54 (2013). https://doi.org/10.1186/scrt204; Pew Research Center. (2014, May 1). Public health a major priority in African nations. Pew Research Center’s Global Attitudes Project. https://www.pewresearch.org/global/2014/05/01/public-health-a-major-priority-in-african-nations/ [17] Department of Health Republic of South Africa. (2021). Health Research Priorities (revised) for South Africa 2021-2024. National Health Research Strategy. https://www.health.gov.za/wp-content/uploads/2022/05/National-Health-Research-Priorities-2021-2024.pdf [18] Oosthuizen, H. (2013). Legal and Ethical Issues in Stem Cell Research in South Africa. In: Beran, R. (eds) Legal and Forensic Medicine. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-32338-6_80, see also: Gaobotse G (2018) Stem Cell Research in Africa: Legislation and Challenges. J Regen Med 7:1. doi: 10.4172/2325-9620.1000142 [19] United States Bureau of Citizenship and Immigration Services. (1998). Tunisia: Information on the status of Christian conversions in Tunisia. UNHCR Web Archive. https://webarchive.archive.unhcr.org/20230522142618/https://www.refworld.org/docid/3df0be9a2.html [20] Gaobotse, G. (2018) Stem Cell Research in Africa: Legislation and Challenges. J Regen Med 7:1. doi: 10.4172/2325-9620.1000142 [21] Kooli, C. Review of assisted reproduction techniques, laws, and regulations in Muslim countries. Middle East Fertil Soc J 24, 8 (2020). https://doi.org/10.1186/s43043-019-0011-0; Gaobotse, G. (2018) Stem Cell Research in Africa: Legislation and Challenges. J Regen Med 7:1. doi: 10.4172/2325-9620.1000142 [22] Pang M. C. (1999). Protective truthfulness: the Chinese way of safeguarding patients in informed treatment decisions. Journal of medical ethics, 25(3), 247–253. https://doi.org/10.1136/jme.25.3.247 [23] Wang, L., Wang, F., & Zhang, W. (2021). Bioethics in China’s biosecurity law: Forms, effects, and unsettled issues. Journal of law and the biosciences, 8(1). https://doi.org/10.1093/jlb/lsab019 https://academic.oup.com/jlb/article/8/1/lsab019/6299199 [24] Wang, Y., Xue, Y., & Guo, H. D. (2022). Intervention effects of traditional Chinese medicine on stem cell therapy of myocardial infarction. Frontiers in pharmacology, 13, 1013740. https://doi.org/10.3389/fphar.2022.1013740 [25] Li, X.-T., & Zhao, J. (2012). Chapter 4: An Approach to the Nature of Qi in TCM- Qi and Bioenergy. In Recent Advances in Theories and Practice of Chinese Medicine (p. 79). InTech. [26] Luo, D., Xu, Z., Wang, Z., & Ran, W. (2021). China's Stem Cell Research and Knowledge Levels of Medical Practitioners and Students. Stem cells international, 2021, 6667743. https://doi.org/10.1155/2021/6667743 [27] Luo, D., Xu, Z., Wang, Z., & Ran, W. (2021). China's Stem Cell Research and Knowledge Levels of Medical Practitioners and Students. Stem cells international, 2021, 6667743. https://doi.org/10.1155/2021/6667743 [28] Zhang, J. Y. (2017). Lost in translation? accountability and governance of Clinical Stem Cell Research in China. Regenerative Medicine, 12(6), 647–656. https://doi.org/10.2217/rme-2017-0035 [29] Wang, L., Wang, F., & Zhang, W. (2021). Bioethics in China’s biosecurity law: Forms, effects, and unsettled issues. Journal of law and the biosciences, 8(1). https://doi.org/10.1093/jlb/lsab019 https://academic.oup.com/jlb/article/8/1/lsab019/6299199 [30] Chen, H., Wei, T., Wang, H. et al. Association of China’s two-child policy with changes in number of births and birth defects rate, 2008–2017. BMC Public Health 22, 434 (2022). https://doi.org/10.1186/s12889-022-12839-0 [31] Azuma, K. Regulatory Landscape of Regenerative Medicine in Japan. Curr Stem Cell Rep 1, 118–128 (2015). https://doi.org/10.1007/s40778-015-0012-6 [32] Harris, R. (2005, May 19). Researchers Report Advance in Stem Cell Production. NPR. https://www.npr.org/2005/05/19/4658967/researchers-report-advance-in-stem-cell-production [33] Park, S. (2012). South Korea steps up stem-cell work. Nature. https://doi.org/10.1038/nature.2012.10565 [34] Resnik, D. B., Shamoo, A. E., & Krimsky, S. (2006). Fraudulent human embryonic stem cell research in South Korea: lessons learned. Accountability in research, 13(1), 101–109. https://doi.org/10.1080/08989620600634193. [35] Alahmad, G., Aljohani, S., & Najjar, M. F. (2020). Ethical challenges regarding the use of stem cells: interviews with researchers from Saudi Arabia. BMC medical ethics, 21(1), 35. https://doi.org/10.1186/s12910-020-00482-6 [36]Association for the Advancement of Blood and Biotherapies. https://www.aabb.org/regulatory-and-advocacy/regulatory-affairs/regulatory-for-cellular-therapies/international-competent-authorities/saudi-arabia [37] Alahmad, G., Aljohani, S., & Najjar, M. F. (2020). Ethical challenges regarding the use of stem cells: Interviews with researchers from Saudi Arabia. BMC medical ethics, 21(1), 35. https://doi.org/10.1186/s12910-020-00482-6 [38] Alahmad, G., Aljohani, S., & Najjar, M. F. (2020). Ethical challenges regarding the use of stem cells: Interviews with researchers from Saudi Arabia. BMC medical ethics, 21(1), 35. https://doi.org/10.1186/s12910-020-00482-6 Culturally, autonomy practices follow a relational autonomy approach based on a paternalistic deontological health care model. The adherence to strict international research policies and religious pillars within the regulatory environment is a great foundation for research ethics. However, there is a need to develop locally targeted ethics approaches for research (as called for in Alahmad, G., Aljohani, S., & Najjar, M. F. (2020). Ethical challenges regarding the use of stem cells: interviews with researchers from Saudi Arabia. BMC medical ethics, 21(1), 35. https://doi.org/10.1186/s12910-020-00482-6), this decision-making approach may help advise a research decision model. For more on the clinical cultural autonomy approaches, see: Alabdullah, Y. Y., Alzaid, E., Alsaad, S., Alamri, T., Alolayan, S. W., Bah, S., & Aljoudi, A. S. (2022). Autonomy and paternalism in Shared decision‐making in a Saudi Arabian tertiary hospital: A cross‐sectional study. Developing World Bioethics, 23(3), 260–268. https://doi.org/10.1111/dewb.12355; Bukhari, A. A. (2017). Universal Principles of Bioethics and Patient Rights in Saudi Arabia (Doctoral dissertation, Duquesne University). https://dsc.duq.edu/etd/124; Ladha, S., Nakshawani, S. A., Alzaidy, A., & Tarab, B. (2023, October 26). Islam and Bioethics: What We All Need to Know. Columbia University School of Professional Studies. https://sps.columbia.edu/events/islam-and-bioethics-what-we-all-need-know [39] Ababneh, M. A., Al-Azzam, S. I., Alzoubi, K., Rababa’h, A., & Al Demour, S. (2021). Understanding and attitudes of the Jordanian public about clinical research ethics. Research Ethics, 17(2), 228-241. https://doi.org/10.1177/1747016120966779 [40] Ababneh, M. A., Al-Azzam, S. I., Alzoubi, K., Rababa’h, A., & Al Demour, S. (2021). Understanding and attitudes of the Jordanian public about clinical research ethics. Research Ethics, 17(2), 228-241. https://doi.org/10.1177/1747016120966779 [41] Dajani, R. (2014). Jordan’s stem-cell law can guide the Middle East. Nature 510, 189. https://doi.org/10.1038/510189a [42] Dajani, R. (2014). Jordan’s stem-cell law can guide the Middle East. Nature 510, 189. https://doi.org/10.1038/510189a [43] The EU’s definition of autonomy relates to the capacity for creating ideas, moral insight, decisions, and actions without constraint, personal responsibility, and informed consent. However, the EU views autonomy as not completely able to protect individuals and depends on other principles, such as dignity, which “expresses the intrinsic worth and fundamental equality of all human beings.” Rendtorff, J.D., Kemp, P. (2019). Four Ethical Principles in European Bioethics and Biolaw: Autonomy, Dignity, Integrity and Vulnerability. In: Valdés, E., Lecaros, J. (eds) Biolaw and Policy in the Twenty-First Century. International Library of Ethics, Law, and the New Medicine, vol 78. Springer, Cham. https://doi.org/10.1007/978-3-030-05903-3_3 [44] Council of Europe. Convention for the protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine (ETS No. 164) https://www.coe.int/en/web/conventions/full-list?module=treaty-detail&treatynum=164 (forbidding the creation of embryos for research purposes only, and suggests embryos in vitro have protections.); Also see Drabiak-Syed B. K. (2013). New President, New Human Embryonic Stem Cell Research Policy: Comparative International Perspectives and Embryonic Stem Cell Research Laws in France. Biotechnology Law Report, 32(6), 349–356. https://doi.org/10.1089/blr.2013.9865 [45] Rendtorff, J.D., Kemp, P. (2019). Four Ethical Principles in European Bioethics and Biolaw: Autonomy, Dignity, Integrity and Vulnerability. In: Valdés, E., Lecaros, J. (eds) Biolaw and Policy in the Twenty-First Century. International Library of Ethics, Law, and the New Medicine, vol 78. Springer, Cham. https://doi.org/10.1007/978-3-030-05903-3_3 [46] Tomuschat, C., Currie, D. P., Kommers, D. P., & Kerr, R. (Trans.). (1949, May 23). Basic law for the Federal Republic of Germany. https://www.btg-bestellservice.de/pdf/80201000.pdf [47] Regulation of Stem Cell Research in Germany. Eurostemcell. (2017, April 26). https://www.eurostemcell.org/regulation-stem-cell-research-germany [48] Regulation of Stem Cell Research in Finland. Eurostemcell. (2017, April 26). https://www.eurostemcell.org/regulation-stem-cell-research-finland [49] Regulation of Stem Cell Research in Spain. Eurostemcell. (2017, April 26). https://www.eurostemcell.org/regulation-stem-cell-research-spain [50] Some sources to consider regarding ethics models or regulatory oversights of other cultures not covered: Kara MA. Applicability of the principle of respect for autonomy: the perspective of Turkey. J Med Ethics. 2007 Nov;33(11):627-30. doi: 10.1136/jme.2006.017400. PMID: 17971462; PMCID: PMC2598110. Ugarte, O. N., & Acioly, M. A. (2014). The principle of autonomy in Brazil: one needs to discuss it ... Revista do Colegio Brasileiro de Cirurgioes, 41(5), 374–377. https://doi.org/10.1590/0100-69912014005013 Bharadwaj, A., & Glasner, P. E. (2012). Local cells, global science: The rise of embryonic stem cell research in India. Routledge. For further research on specific European countries regarding ethical and regulatory framework, we recommend this database: Regulation of Stem Cell Research in Europe. Eurostemcell. (2017, April 26). https://www.eurostemcell.org/regulation-stem-cell-research-europe [51] Klitzman, R. (2006). Complications of culture in obtaining informed consent. The American Journal of Bioethics, 6(1), 20–21. https://doi.org/10.1080/15265160500394671 see also: Ekmekci, P. E., & Arda, B. (2017). Interculturalism and Informed Consent: Respecting Cultural Differences without Breaching Human Rights. Cultura (Iasi, Romania), 14(2), 159–172.; For why trust is important in research, see also: Gray, B., Hilder, J., Macdonald, L., Tester, R., Dowell, A., & Stubbe, M. (2017). Are research ethics guidelines culturally competent? Research Ethics, 13(1), 23-41. https://doi.org/10.1177/1747016116650235 [52] The Qur'an (M. Khattab, Trans.). (1965). Al-Mu’minun, 23: 12-14. https://quran.com/23 [53] Lenfest, Y. (2017, December 8). Islam and the beginning of human life. Bill of Health. https://blog.petrieflom.law.harvard.edu/2017/12/08/islam-and-the-beginning-of-human-life/ [54] Aksoy, S. (2005). Making regulations and drawing up legislation in Islamic countries under conditions of uncertainty, with special reference to embryonic stem cell research. Journal of Medical Ethics, 31:399-403.; see also: Mahmoud, Azza. "Islamic Bioethics: National Regulations and Guidelines of Human Stem Cell Research in the Muslim World." Master's thesis, Chapman University, 2022. https://doi.org/10.36837/ chapman.000386 [55] Rashid, R. (2022). When does Ensoulment occur in the Human Foetus. Journal of the British Islamic Medical Association, 12(4). ISSN 2634 8071. https://www.jbima.com/wp-content/uploads/2023/01/2-Ethics-3_-Ensoulment_Rafaqat.pdf. [56] Sivaraman, M. & Noor, S. (2017). Ethics of embryonic stem cell research according to Buddhist, Hindu, Catholic, and Islamic religions: perspective from Malaysia. Asian Biomedicine,8(1) 43-52. https://doi.org/10.5372/1905-7415.0801.260 [57] Jafari, M., Elahi, F., Ozyurt, S. & Wrigley, T. (2007). 4. Religious Perspectives on Embryonic Stem Cell Research. In K. Monroe, R. Miller & J. Tobis (Ed.), Fundamentals of the Stem Cell Debate: The Scientific, Religious, Ethical, and Political Issues (pp. 79-94). Berkeley: University of California Press. https://escholarship.org/content/qt9rj0k7s3/qt9rj0k7s3_noSplash_f9aca2e02c3777c7fb76ea768ba458f0.pdf https://doi.org/10.1525/9780520940994-005 [58] Lecso, P. A. (1991). The Bodhisattva Ideal and Organ Transplantation. Journal of Religion and Health, 30(1), 35–41. http://www.jstor.org/stable/27510629; Bodhisattva, S. (n.d.). The Key of Becoming a Bodhisattva. A Guide to the Bodhisattva Way of Life. http://www.buddhism.org/Sutras/2/BodhisattvaWay.htm [59] There is no explicit religious reference to when life begins or how to conduct research that interacts with the concept of life. However, these are relevant verses pertaining to how the fetus is viewed. ((King James Bible. (1999). Oxford University Press. (original work published 1769)) Jerimiah 1: 5 “Before I formed thee in the belly I knew thee; and before thou camest forth out of the womb I sanctified thee…” In prophet Jerimiah’s insight, God set him apart as a person known before childbirth, a theme carried within the Psalm of David. Psalm 139: 13-14 “…Thou hast covered me in my mother's womb. I will praise thee; for I am fearfully and wonderfully made…” These verses demonstrate David’s respect for God as an entity that would know of all man’s thoughts and doings even before birth. [60] It should be noted that abortion is not supported as well. [61] The Vatican. (1987, February 22). Instruction on Respect for Human Life in Its Origin and on the Dignity of Procreation Replies to Certain Questions of the Day. Congregation For the Doctrine of the Faith. https://www.vatican.va/roman_curia/congregations/cfaith/documents/rc_con_cfaith_doc_19870222_respect-for-human-life_en.html [62] The Vatican. (2000, August 25). Declaration On the Production and the Scientific and Therapeutic Use of Human Embryonic Stem Cells. Pontifical Academy for Life. https://www.vatican.va/roman_curia/pontifical_academies/acdlife/documents/rc_pa_acdlife_doc_20000824_cellule-staminali_en.html; Ohara, N. (2003). Ethical Consideration of Experimentation Using Living Human Embryos: The Catholic Church’s Position on Human Embryonic Stem Cell Research and Human Cloning. Department of Obstetrics and Gynecology. Retrieved from https://article.imrpress.com/journal/CEOG/30/2-3/pii/2003018/77-81.pdf. [63] Smith, G. A. (2022, May 23). Like Americans overall, Catholics vary in their abortion views, with regular mass attenders most opposed. Pew Research Center. https://www.pewresearch.org/short-reads/2022/05/23/like-americans-overall-catholics-vary-in-their-abortion-views-with-regular-mass-attenders-most-opposed/ [64] Rosner, F., & Reichman, E. (2002). Embryonic stem cell research in Jewish law. 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Religious Perspectives on Embryonic Stem Cell Research. In K. Monroe, R. Miller & J. Tobis (Ed.), Fundamentals of the Stem Cell Debate: The Scientific, Religious, Ethical, and Political Issues (pp. 79-94). Berkeley: University of California Press. https://escholarship.org/content/qt9rj0k7s3/qt9rj0k7s3_noSplash_f9aca2e02c3777c7fb76ea768ba458f0.pdf https://doi.org/10.1525/9780520940994-005 [68] Gert, B. (2007). Common morality: Deciding what to do. Oxford Univ. Press. [69] World Medical Association (2013). World Medical Association Declaration of Helsinki: ethical principles for medical research involving human subjects. JAMA, 310(20), 2191–2194. https://doi.org/10.1001/jama.2013.281053 Declaration of Helsinki – WMA – The World Medical Association.; see also: National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. (1979). The Belmont report: Ethical principles and guidelines for the protection of human subjects of research. 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