Fair Treatment Research Articles

The Identification and Regulation of Expropriation in International Investment Law

This essay focuses on the concept of expropriation within the framework of international investment law. Expropriation has evolved from direct state appropriation of foreign investors’ property to indirect expropriation, a more covert measure without the transfer of ownership. This essay distinguishes between direct and indirect expropriation, explores the meaning of expropriation through key cases, and evaluates the challenges tribunals face in legal practices. Finally, this essay examines the role of fair and equitable treatment (FET) standards and compensation mechanisms. With an effective regulation of expropriation, the author believes that a balance between state sovereignty and investor protection can be achieved.

A More Effective Social Protection System for Older Workers: A Case Study of the Older Adult Employment Project in Thailand

The phenomenon of old-age pensioners reentering the workforce is neither new nor unique and has been well-reported in several published literature. However, there are remaining challenges to this group of job seekers whose needs have yet to be well-documented from employer’s perspectives, especially regarding decent work, legal landscape, and organizational culture. Our study seeks to provide a better understanding of the underlying causes of these and to help policymakers introduce social protection policies to create a more welcoming and supportive environment for older workers. The study used a case study from service companies in Thailand that participated in the Thai government’s campaign on promoting older employment. Data was collected from interviews with top managers of the human resources department, and that information was analyzed by thematic analysis. Key findings highlighted that the supportive mechanisms for matching decent work, a room for integrating legal framework, and a culture that values inclusivity and fair treatment of all workers, regardless of age, can enhance the social protection system for older workers. The establishment of a modern database of older workers’ skills, which ensures easy accessibility to both employers and older workers, the establishment of a task force specific for monitoring laws and regulations concerning older employment, and the development of effective measures against workplace discrimination are recommended as effective interventions for social protection.

The Impact of Supportive Leadership on Work Stress: An Empirical Research in the Ministry of Iraqi Interior

Purpose: The purpose of this research is to discover the effect of supportive leadership on work stress in the Ministry of Iraqi Interior / Human Resources Management to achieve a happy life for its employees and hence achieve the desired level of performance. Theoretical Framework: The current research deals with introducing the Ministry of Iraqi Interior / Human Resources Management to the latest developments in the administration field through supportive leadership style and work stress, as well as presenting the latest concepts, importance, and models that previous researchers have arrived at. It contributes to expanding the researched organization's awareness of adopting any of these models that are appropriate for their goals and future direction. Design/Methodology/Approach: The research analyses administrative data within the Ministry of Iraqi Interior / Human Resources Management (2023-2024), using the dimensions of supportive leadership (empowering employees, fairness of treatment, and inspirational motivation) and the dimensions of work stress (role ambiguity, role conflict, workload, and work nature). It will determine the factors affecting them. Findings: The findings of this current research have approved the key effect hypothesis (supportive leadership style and its dimensions have a significant and negative impact on work stress and its dimensions). Research Implications: The results most leaders of human resources in the under-study organization practice the dimension of fair treatment more than other dimensions (empowering employees, and inspirational motivation. Originality/Value: This research seeks to enhance awareness of the importance of the negative role of a supportive leadership style on work stress. This research has dropped the knowledge gap between them and uses a framework that is compatible and harmonious to save the lives of the employees and at the same time increase organizational performance.

The Impact of Perceived Inclusion Climate for Leader Diversity (PICLD) on Organizational Justice and Its Effects on Employee Engagement, Emotional Wage, and Happiness at Work

In today's globalized world, workplace happiness is an increasingly important concern for many organizations, as it has a direct impact on employee productivity and well-being. An inclusive and equitable work environment plays a significant role in creating conditions that support employees' emotional and intellectual engagement, as well as providing emotional rewards that can increase their happiness. This research aims to analyze the impact of Perceived Inclusion Climate for Leader Diversity (PICLD), Organizational Justice, Employee Engagement, and Emotional Rewards on Workplace Happiness. Using a quantitative approach and survey method, data was collected from 248 employees working in various companies in Indonesia. The results showed that PICLD has a positive and significant influence on perceptions of workplace justice, which in turn increases employee engagement and emotional rewards. Employees who perceive fair treatment are more engaged and receive emotional rewards that improve their well-being. Employee engagement and emotional rewards are shown to have a positive impact on workplace happiness, so employees who feel emotionally rewarded tend to be more satisfied and happy. The implications of this research emphasize the importance of creating an inclusive, fair and supportive work environment to increase employee engagement, emotional well-being and happiness at work.

Perlindungan Diskriminasi terhadap Disabilitas dalam Lingkup Pendidikan

Protection against disability discrimination in education is essential to ensure that all individuals, without exception, have a fair chance to learn and develop. Inclusive regulations and policies as well as data related to the challenges faced by people with disabilities can be the basis for improving the quality of inclusive education in Indonesia and the world. Based on this problem, further discussion is needed regarding how the government's efforts to provide legal protection to overcome acts of discrimination against people with disabilities and how the government can provide fair treatment for people with disabilities to obtain the right to a decent education. The approach methods used are the Statute Approach, the Historical Approach, and the Conceptual Approach. The results of the study show that the government actually still pays less attention to matters related to protection against discrimination against people with disabilities in the scope of education.

Punishment for Perpetrators with Special Needs (Disability) in the Current Criminal Process

General background of this research emphasizes the state's vital role in ensuring the rights of persons with disabilities within the legal framework, particularly in criminal proceedings. The specific background highlights the challenges these individuals face in the justice system, often encountering biases that hinder their access to justice. The knowledge gap identified indicates a lack of comprehensive research on the legal treatment and punishment of offenders with disabilities in Indonesia, especially under the new Criminal Code. This research aims to analyze punishment implementation for such offenders and the collaboration between judges and psychiatrists for fair legal processes. The results reveal that a normative descriptive method, incorporating expert assessments and judicial discretion, is crucial for adjudicating these cases. The novelty lies in proposing a collaborative approach that encourages judges to consider legal principles alongside individual circumstances. The implications advocate for systemic reforms to enhance protections and treatment of persons with disabilities in the criminal justice system, ensuring equitable rights and justice for all citizens. This study contributes to the dialogue on legal reform and social justice, urging policymakers to foster an inclusive legal environment. Highlights: Emphasizes the importance of integrating expert assessments in legal proceedings for offenders with disabilities. Advocates for a collaborative approach between judges and psychiatrists to ensure fair treatment. Highlights the need for systemic reforms to protect the rights of persons with disabilities in the justice system. Keywords: Disability, Punishment, Legal Reform, Equality, Criminal Offenders

Workplace dignity scale in Iranian nurses: translation and psychometric evaluation

BackgroundWorkplace dignity is defined as a person’s perception of respect and trust, equal and fair treatment, valuing the person, independence, freedom of expression, and decision-making enjoyed by the employee in the workplace. Therefore, this study aimed to develop the Workplace Dignity Scale (WDS) and evaluate its psychometric properties.MethodsIn this methodological study, WDS was translated based on Beaton et al. Guideline. After assessing face and content validity (using CVI, CVR, modified kappa, and item impact), 250 nurses were selected by random sampling from Kashan hospitals in 2023. Then, WDS was assessed through expletory factor analysis (EFA), known-groups comparison, internal consistency, and stability. The ceiling and floor effects were also examined. Data were analyzed using SPSS v16 by Kruskal–Wallis test, Cronbach’s alpha, McDonald’s Omega, interclass correlation coefficient (ICC), standard error of measurement (SEM), and minimum detectable changes (MDC).ResultsThe scale’s CVI, CVR, and modified kappa were above 0.79. Item impact was higher than 1.5. EFA extracted three factors, including “general dignity, respect, and indignity”, that could explain 70.6% of the total variance in scale. WDS could differentiate between the three groups in terms of occupation satisfaction status. Cronbach’s alpha, McDonald’s Omega, ICC, SEM, and STC of scale were 0.949, 0.950, 0.970, 2.793, and 7.742, respectively.ConclusionThe Persian version of the WDS has shown validity and reliability for measuring workplace dignity among nurses in the Iranian context.

Promoting Equity, Diversity, and Inclusion in Healthcare: An Example of the COVID-19 Pandemic

Healthcare systems must embody equity, diversity, and inclusion (EDI) and, in the event of unfairness, appropriate policies / countermeasures should be enacted. The healthcare system response to the COVID-19 pandemic not only highlighted how socioeconomic disparities affect mortality risk but also posed significant challenges to the successful practice of EDI in healthcare. In light of this, this article was written to provide an overview of EDI, analyze the international efforts to promote it, and suggest strategies for promoting EDI in infectious disease healthcare using COVID-19 as an example. In healthcare settings, equity centers on ensuring patients receive fair treatment regardless of race, gender, age, or socioeconomic status; diversity centers on healthcare providers understanding the uniqueness of patients from different cultural backgrounds and the health barriers they face; and inclusion centers on ensuring patients are treated with respect and given the attention they deserve. During pandemics, social determinants of health (SDOH) greatly impact patient health outcomes and hinder the practice of EDI. Reflecting on the impact of COVID-19, healthcare systems can actively apply EDI in clinical practice to provide to all patients equitable access to healthcare opportunities and outcomes. Practical strategies include establishing EDI committees within healthcare systems, monitoring relevant data, conducting staff training, and continuously addressing the SDOH and needs of marginalized groups to achieve EDI in healthcare.

The association between experiences of unfair treatment in school and adolescent adjustment over 5 years.

This study investigates how high-school experiences of unfair treatment connect to adolescents' higher education enrollment and life satisfaction 5 years later. We utilized four waves of data at ages 14 years (T1), 16 (T2), 18 (T3) and 19 (T4) in the UK (N = 13,065; 51% Male, 49% Female, 70% White, 11% Black, 19% South-Asian). Perceived teacher unfairness at T1 predicted lower university aspirations (T2) and subsequently lower enrollment in higher education (at T3 and T4) and life satisfaction (T4). Experiences with T1 teacher ethnic discrimination also predicted lower life satisfaction. The effects were similar across historically minoritized and majority-background pupils, but historically minoritized adolescents experienced more ethnic discrimination in school. Our findings highlight the importance of fair treatment for all pupils.

Reconciling public interest litigation and India’s investment treaties

ABSTRACT Emerging scholarship indicates that developing states like India have not adequately internalized their investment treaty obligations. However, much of this scholarship focuses on India’s failure to adapt its legislative and executive processes to meet these obligations, with only occasional references to the judiciary. This article fills this gap by mapping and challenging the impact of India’s treaty obligations on its judicial processes, particularly in its public interest litigation jurisdiction. Despite India’s recent termination of several investment treaties, such treaties continue to protect investments by certain foreign investors. They mandate adherence to the fair and equitable treatment and effective means standards to allow investors to enforce their rights. PIL courts’ disregard of strict procedural norms to prioritize public interest can, as it previously has, result in a breach of these standards and, thus, India’s investment treaty obligations. Accordingly, India’s investment treaty obligations must inform its judicial processes.

LABOR DISCIPLINE AND LABOR MARKET REGULATION ACTIVITIES

The purpose of this paper is not only to analyze the current state of the labor market in Kazakhstan but also to propose recommendations for optimizing labor policy, taking into account both current challenges and potential opportunities for sustainable development of the labor market in the country. Based on a wide range of data, including statistical indicators range of unemployment levels, legislative changes, and analysis of judicial practice, we aim to identify correlations and cause-and-effect relationships between labor discipline and market indicators. This research provides a detailed comparative analysis of the number of labor disputes and the evolution of Kazakhstan’s labor discipline legislation. Key observations include the correlation between stringent disciplinary norms and reduced unemployment, the influence of judicial practices on labor discipline, and the necessity of balancing strict discipline with fair treatment to prevent legal disputes. The findings offer valuable insights for optimizing labor policies to support sustainable labor market development in Kazakhstan.

Diversity, equity, and inclusion in gastrointestinal endoscopy: European Society of Gastrointestinal Endoscopy Position Statement.

1: The European Society of Gastrointestinal Endoscopy (ESGE) adheres to the overarching principles of equality of opportunity, fair treatment, nondiscrimination, and diversity of health care professionals. 2: ESGE strongly supports the creation of collaborations within and between national and international endoscopy societies to disseminate the principles of diversity, equality, and inclusion (DEI) in the field of gastrointestinal (GI) endoscopy. 3: ESGE aims to reflect the diversity of its membership in all its scientific and educational activities. 4: ESGE supports the fostering of collaborative work settings that empower all members of the endoscopy team to reach their full potential. 5: ESGE supports international and national endoscopy societies in promoting equitable access to high quality endoscopy training. 6: ESGE recommends the implementation of ergonomic principles in endoscopy units to prevent injuries and to provide adapted workplace conditions for personnel with disabilities and/or special needs. 7: ESGE recommends comprehensive mentorship, that includes diverse backgrounds, and equitable sponsorship for professional development, training, and academic excellence. 8: ESGE recommends that endoscopists actively identify, discuss, and attempt to accommodate reasonable patient preferences and expectations regarding endoscopy procedures. 9: ESGE advocates for educational and awareness campaigns targeting both health care professionals and patients, as well as the adoption of cost-effective health care strategies to address disparities and enhance equity in endoscopy care. 10: ESGE is committed to increasing support for underrepresented scholars and minorities pursuing research in endoscopy. 11: ESGE identifies mentorship and sponsorship as factors that may mitigate the barriers to academic careers for underrepresented endoscopy scholars. 12: ESGE recognizes the need to increase awareness of diversity, equity, and inclusion (DEI) in the field of endoscopy and supports publications on these topics.

Fair and optimal prediction via post‐processing

AbstractWith the development of machine learning algorithms and the increasing computational resources available, artificial intelligence has achieved great success in many application domains. However, the success of machine learning has also raised concerns about the fairness of the learned models. For instance, the learned models can perpetuate and even exacerbate the potential bias and discrimination in the training data. This issue has become a major obstacle to the deployment of machine learning systems in high‐stakes domains, for example, criminal judgment, medical testing, online advertising, hiring process, and so forth. To mitigate the potential bias exhibited by machine learning models, fairness criteria can be integrated into the training process to ensure fair treatment across all demographics, but it often comes at the expense of model performance. Understanding such tradeoffs, therefore, is crucial to the design of optimal and fair algorithms. My research focuses on characterizing the inherent tradeoff between fairness and accuracy in machine learning, and developing algorithms that can achieve both fairness and optimality. In this article, I will discuss our recent work on designing post‐processing algorithms for fair classification, which can be applied to a wide range of fairness criteria, including statistical parity, equal opportunity, and equalized odds, under both attribute‐aware and attribute‐blind settings, and is particularly suited to large‐scale foundation models where retraining is expensive or even infeasible. I will also discuss the connections between our work and other related research on trustworthy machine learning, including the connections between algorithmic fairness and differential privacy as well as adversarial robustness.

Employment Legal Protection in Facing Artificial Intelligence Disruption: Efforts to Overcome the Replacement of Human Workers

<p><em>This study aims to analyze employment legal protection in the face of disruption from artificial intelligence (AI) technology that threatens the existence of human labor. The development of AI technology has created new challenges for the world of employment, where many jobs have the potential to be replaced by machines and automated systems. This study uses a normative legal method with a statutory approach to examine existing employment regulations and their relevance in protecting workers' rights in the digital era. The data used consists of legal literature, laws and regulations related to the application of AI in the world of work. The results of the study show that Law Number 13 of 2023 concerning Manpower emerged as a response to the unfavorable situation for workers, with the aim of protecting labor rights and implementing international instruments and human rights declarations. Technological advances, especially automation and artificial intelligence (AI), bring benefits such as efficiency and new opportunities, but also pose challenges such as job loss. To address this, the government needs to strengthen employment legal protection, design policies to support affected workers, and provide skills training and incentives for companies. The Circular of the Ministry of Communication and Information on the ethics of using AI emphasizes inclusivity, humanity, accessibility, and sustainable development, as well as the protection of workers' rights such as the right to work and fair treatment. However, current national regulations do not specifically regulate the use of AI by companies, so new legal arrangements are needed to protect workers' rights and manage the transition due to Termination of Employment</em><em>.</em></p>

Colorectal cancer care continuum: Navigating screening, treatment, and outcomes disparities.

This review investigates the disparities in colorectal cancer screening, treatment, and outcomes among different racial, ethnic, socioeconomic, and geographic groups. Although there has been progress, notable disparities continue to exist as a result of socioeconomic status, access to healthcare, and systemic prejudices. Approaches to tackle these challenges involve expanding screening access, enhancing healthcare utilization, addressing socioeconomic obstacles, ensuring fair treatment, and boosting representation in research.

Enhancing Curatorial Competencies : A New Media Art Curator Incubation Model in Indonesia

This research aims to develop an incubation model to improve curator’s competencies on new media art curatorial practice. The incubation model contains a series of learning modules by which Indonesian young curators acquire theoretical knowledge and practical skills to develop and execute a new media art curatorial project. This research used a qualitative approach with a method of design-based research. The research process includes analysis, design, implementation, and evaluation. After analysing the mentees’ curatorial competencies, incubation model was designed based on four steps of curation: (1) Concept Development, (2) Artwork Selection, (3) Exhibition Design, and (4) Exhibition Communication. The research participants include 8 mentors, 9 mentees, and 3 facilitators for June mentorship, and 3 mentors, 2 curators, 4 artists, and 4 organizers for November exhibition. Data were collected through participatory observation, document studies, and personal reflection, which were interpreted through content analysis method. The result of the research is that implementing the four steps of curation in the new media art curator incubation model led to an improvement in 10 curatorial competencies for two mentees, and mostly 8 curatorial competencies for seven mentees. However, the limitation of this research is that ARCOLABS, the incubator, provided different levels of management to its mentees. Therefore, the research recommends that ARCOLABS should ensure fair treatment to all mentees to properly evaluate the improvement of curatorial competencies. For future research, the new media art curator incubation model should be redesigned and appropriately implemented to meet the required curatorial competencies.

‘Point and Kill’ vs Animal Rights: A Moral Examination

This study critically examines the ethical implications of the practice known as "point and kill," wherein nonhuman animals are selected and immediately killed for food, a practice that has become commonplace in many African cultures. While food is essential for the survival and growth of both human and nonhuman animals, the manner in which nonhuman animals are often treated as mere commodities raises significant ethical concerns. Despite extensive debates in contemporary animal ethics, the focus has predominantly been on issues such as biomedical research, animal confinement, and entertainment, with relatively little attention given to the ethical ramifications of using animals for food, particularly in the context of practices like "point and kill." This paper addresses the gap in the literature by interrogating the moral worth of nonhuman animals and questioning the justification for their wanton killing for human consumption. Employing critical and conceptual analysis, the study draws on the Igbo philosophy of ‘ugwu anu’ (animal integrity) to argue against speciesism and advocate for the moral consideration of nonhuman animals. It contends that nonhuman animals deserve care, respect, and fair treatment, and that the practice of "point and kill" reflects a speciesist attitude that undermines the inherent value of animal life. By bringing this issue to the forefront, the study contributes to the broader discourse on animal ethics and calls for a reevaluation of culturally ingrained practices that perpetuate animal suffering.

Social status mediates the propagation of unfairness.

Fairness constitutes a cornerstone of social norms, emphasizing equal treatment and equitable distribution in interpersonal relationships. Unfair treatment often leads to direct responses and can spread to others through a phenomenon known as pay-it-forward (PIF) reciprocity. This study examined how unfairness spreads in interactions with new partners who have higher, equal, or lower status than the participants. In the present study, participants (N = 47, all Korean) were given either fair or unfair treatment in the first round of a dictator game. They then allocated monetary resources among partners positioned at various hierarchical levels in the second round. Our main goal was to determine if the severity of inequity inflicted on new partners was influenced by their hierarchical status. The results revealed an inclination among participants to act more generously towards partners of higher ranking despite prior instances of unfair treatment, whereas a tendency for harsher treatment was directed towards those with lower ranking. The interaction between the fairness in the first round (DG1) and the hierarchical status of the partner in the second round (DG2) was significant, indicating that the effect of previous fairness on decision-making differed depending on the ranking of the new partners. This study, therefore, validates the presence of unfairness PIF reciprocity within hierarchical contexts.

Predictors for the incidence of pneumonia among HIV-infected children on antiretroviral therapy in Amhara Regional State Comprehensive Specialized Hospitals, Ethiopia: a multicenter retrospective follow-up study

BackgroundHuman Immune deficiency Virus (HIV) infected children are at higher risk of developing pneumonia. Particularly, in the early phase of HIV infection, the risk of acquiring pneumonia is high, and it remains a major public health problem even after the test and treatment strategy. There is no clear evidence of the overall incidence of pneumonia among HIV-infected children in Amhara region. Aimed to assess the incidence of pneumonia and its predictors among HIV-infected children receiving Antiretroviral therapy in Amhara Region Comprehensive Specialized Hospitals, 2022.MethodsA multicenter retrospective follow-up study was conducted from June 10, 2014, to February 28, 2022, among 430 HIV-positive children receiving antiretroviral therapy. A simple random sampling technique was used. The data was taken from the national antiretroviral intake and follow-up forms. The data were collected via the KoBo toolbox and analyzed using Stata version 17. The Kaplan–Meier curve and log-rank test were employed. Bivariable and multivariable Cox regression was carried out to identify predictors of pneumonia and a P-value < 0.05 was considered significant in to multivariable analysis.ResultsA total of 407 children with a record completeness rate of 94.7% were analyzed in the study. The incidence rate of pneumonia was 4.55 (95% CI; 3.5, 5.92) per 100 person-years observation. The mean survival time was 77.67 months and the total times at risk during follow-up period were yielding 1229.33 person-year observations. Having CD4 cell count below threshold [AHR; 2.71 (95% CI: 1.37, 5.35)], WHO stage III and IV [AHR: 2.17 (95% CI: 1.15, 4.08)], ever had fair and poor treatment adherence [AHR: 2.66 (95% CI: 1.45, 4.89)], and not initiated antiretroviral therapy within seven days [AHR: 2.35 (95% CI: 1.15, 4.78)] were the positive predictors for incidence of Pneumonia.ConclusionsIn this study, the incidence of pneumonia was lower than the previous studies. CD4 cells below the threshold, ever had fair and poor adherence to antiretroviral therapy, WHO stage III and IV, and not initiated antiretroviral therapy within seven days were significant predictors. Therefore,, it is crucial to detect baseline assessment and give attention to those identified predictors promptly, and timely initiation of antiretroviral therapy need special attention.

Analisis Peran Otoritas Jasa Keuagan (OJK) Sumatera Barat dalam Mengawasi Kepatuhan Bank Syariah

In order to ensure sharia bank operations comply with sharia law and related banking regulations, this research was inspired by the role of the Financial Services Authority (OJK) in West Sumatra in supervising sharia banks' compliance with sharia regulations and the principles of effective supervision. The purpose of this research is to determine the extent of the role of the West Sumatra OJK in carrying out supervision in ensuring that Islamic banks comply with regulations relevant to their operations. This research uses written research with a qualitative approach. Written research is research conducted indirectly or interviews conducted virtually. Research conducted by utilizing technology and online resources conducted directly or face-to-face such as interviews, data collection, or access to information sources conducted online or via online platforms. In this research, the researcher gave questions to the staff of the OJK Bank Supervision office which were sent via OJK email which would later be answered indirectly (online). The object of this research was carried out at the West Sumatra OJK Office which is located at Jl. Khatib Sulaiman No. 68 Ulak Karang Selatan, North Padang District, Padang City, West Sumatra 25137. The following are the results of inspections carried out at the West Sumatra Financial Services Authority (OJK): 1) The West Sumatra Province Financial Services Authority (OJK) has the ability to assess and guarantee Sharia Banks in carrying out their operations. Its operations are in accordance with sharia principles. This is achieved through off-site monitoring and analysis of reports. Either through field supervision or direct OJK audit findings, or through submission of audit results by the bank. The aim is to protect the stability of the financial system, prevent risks that are detrimental to the economy, and ensure the security of customers’ trust in banking. Through OJK supervision, it will have an impact on the effectiveness of implementing sharia principles in operations, which will ultimately have an impact on improving the performance of sharia banks. 2) In order to ensure Sharia Banks comply with regulations, the West Sumatra Financial Services Authority (OJK) follows the values contained in supervision, including ideas for improving supervision now and in the future. Integrity, accountability, fair treatment, availability of information and reporting, effectiveness, adaptation, and cooperation between institutions and society are qualities that are included in the context of supervisory value.