International Legislative Research Articles

Barriers and Facilitators in Accessing Education in Mainstream Schools for Children with Disabilities in Bangladesh: A Qualitative Secondary Data Analysis

ABSTRACT Promoting access to mainstream schools for children with disabilities has been highlighted in national and international legislative and policy initiatives. However, children with disabilities’ access to mainstream school remains an important challenge, particularly in low and middle-income countries, such as Bangladesh. We explored barriers and facilitators in accessing education for children with disabilities through a secondary analysis of qualitative data. Results indicate that children with disabilities experience challenges in their endeavour to access education, including stigma, discrimination, inaccessible built environment, and teachers’ negative attitudes towards children with disabilities. However, support from different sources, specifically parents’ strong motivation towards their child’s education and peer support, are great facilitators for children with disabilities in accessing education. We conclude with recommendations for support for parents to advocate for the rights of their children with disabilities in mainstream schools. We also recommend that government should invest resources to make mainstream schools disability friendly. In particular, accessible classrooms and washrooms are essential to enable in-class participation of children with disabilities. Further, investment is needed for teachers’ training on teaching disabled children in mainstream schools. A collaborative approach between policymakers, teachers, professionals, and parents is imperative to achieve inclusive education.

Sewage Sludge Increased Lettuce Yields by Releasing Valuable Nutrients While Keeping Heavy Metals in Soil and Plants at Levels Well below International Legislative Limits

Sewage sludge can be used as an organic amendment as long as it is ensured that there is no risk of environmental contamination or risk to public health. In this study, sewage sludge from two wastewater treatment plants (WWTPs) subjected to two disinfection and stabilization treatments [40% (mass/mass), calcium oxide, and calcium hydroxide] and their respective untreated sewage sludge were used. Three control treatments were also added: conventional farmyard manure (FYM), a nitrogen (N) mineral fertilizer (ammonium nitrate 34.5% N) applied at a rate of 50 kg N ha−1 (N50) (the same rate of all organic amendments), and an unfertilized control (N0), totaling nine treatments. Lettuce (Lactuca sativa L.) was cultivated in pots for two growing cycles. The dry matter yield (DMY) was higher in the N50 treatment (13.5 and 10.6 g plant−1 in the first and second growing cycles, respectively), followed by sewage sludge (10.8 to 12.4 and 8.4 to 8.7 g plant−1), FYM (8.5 and 7.2 g plant−1), and the control (7.7 and 6.0 g plant−1). The DMY was related to the N provided by the different treatments, assessed by the N and nitrate concentrations in tissues, N uptake, and apparent N recovery (ANR). Sewage sludge, due to its high N concentration and low carbon (C)/N ratio, mineralized rapidly, providing a significant amount of N to plants, as well as other nutrients, such as phosphorus (P) and boron (B). FYM, with a higher C/N ratio, provided less N to plants, also due to the short duration of the lettuce growing cycle. Alkalized sewage sludge increased soil pH and calcium (Ca) availability for plants. Fertilizer treatments minimally influenced cationic micronutrients. Heavy metals in the initial sewage sludge were below the threshold values established in international legislation, and the levels in soil and lettuce tissues were generally not higher than those in other treatments. Both of the sewage sludges used in this study showed high fertilizing value and very reactive behavior, making nutrients available much more quickly than FYM. This information is relevant to consider in defining their agricultural use.

OP19 Exploring The Environment/Capacity Of South African Citizen Actors To Contribute To Health Technology Assessment Processes, Policy Development And Institutionalization

IntroductionSeveral overarching health policy reform processes are currently underway in South Africa (SA), providing an opportunity to establish health technology assessment (HTA) and value-based assessment (VBA) frameworks that foster patient and citizen involvement (PCI). A mapping of the capacity, knowledge, and skill of SA PCI advocacy actors and understanding of the ‘middle-ground’ and influencing relationships that influence advocacy strategies for PCI in HTA, will allow us to determine the needs of PCI actors to entrench PCI principles in the emerging institutionalization of HTA in SA.MethodsAn analysis of national and international legislative and policy frameworks indicates current gaps and opportunities for PCI institutionalization in HTA in SA. A survey was conducted to determine SA patient and citizen advocacy actors’ capacity, knowledge, and skill across multiple disease areas. An analysis of decision maker’s opinions and positions about PCI in HTA and VBA policy, and their potential influence on the PCI process was undertaken.ResultsThe legislation and policy review indicate that engagement initiatives are positioned at the ‘involvement’ or ‘consultation’ stages of the engagement continuum, rather than higher-level engagement. Five percent of patient advocacy groups (PAGs) interviewed have formalized PCI HTA advocacy strategies. Few PAGs indicated employing processes to actively monitor the HTA and PCI-related activities of decision-makers.The majority of PAGs stated that collaborative efforts within larger networks would generate more success, if they engaged in PCI in HTA advocacy. Over eighty percent of civil society stakeholders face capacity constraints, such as lack of knowledge of the legislative framework and theory of HTA, funding and manpower to engage in PCI. The majority of HTA processes undertaken by funders in SA do not actively include PAGs or formalized PCI.ConclusionsExisting legislative and policy frameworks do not include PCI capacity-building strategies. This is impacted by the lack of coordination amongst patient and consumer groups, the willingness of existing HTA structures to formalize PCI, and the resources of the country’s PCI advocate actors to influence existing HTA processes.

Natural Protected Areas within Cities: An International Legislative Comparison Focused on Romania

Urbanization occurs now more rapidly than before, due to the development of compact cities or urban sprawl, threatening quasi-natural areas, especially those protected within/near built-up ones. Europe lacks laws dedicated to natural protected areas within built-up areas, which are subject to the same provisions as natural protected ones, or a legislative vacuum. This research aimed to find the best planning approach for resiliently conserving and developing these areas and establishing grounds for a new tool used for planning the proximity of natural areas within cities. The methodology involved selecting two groups of countries, Nordic and eastern European, and treating these areas differently. The choice was based on specific political history. The study analyzed the legislative and planning framework and compared the approaches of 11 analyzed countries to pinpoint the basic aspects accounted for and applied to other European territories, in order to preserve the characteristics of urban morpho-typology and the particularities of local landscapes. The comparison results suggest solutions such as adopting specific regulations for urban protected areas and their adjacent zones through legal documents, completing/detailing environmental legislation in Nordic countries, adopting laws dedicated to protected natural areas within and/or close to built areas, and changing the approach to protecting natural areas with urban planning or land use tools.

The European Convention on Human Rights and the Practice of the ECtHR in the Field of Gestational Surrogacy

Background. The article focuses on the analysis of the case law of the European Court of Human Rights regarding gestational surrogate motherhood and the development of the bioethics issue in this area. It was established that the notion of "private life," regulated by Article 8 of the European Convention on Human Rights, guarantees everyone the ability to demand the establishment of their identity, providing for the possibility of establishing family relationships. It is highlighted that, despite the legal ban on the implementation of surrogate motherhood technology, to confirm the child’s identity, there is a need for official recognition of this kind of family relationship as indicated by other relevant relationships. In particular, the peculiarities of establishing parent-child relationships in the case of individuals applying for gestational surrogacy to exercise their reproductive rights are disclosed. The problem of legal regulation unification in the technological application of gestational surrogate motherhood is considered. A conclusion set regards the need to create an international legislative and regulatory framework useful for national governments, particularly in gradually banning the use of surrogate motherhood technologies. Attention is placed on international efforts focused to create an international legislative and regulatory framework that will provide recommendations useful to national governments, particularly in the gradual prohibition of surrogacy. The authors believe that the corresponding international agreement will constitute a legal framework for ensuring individual rights, freedoms, and health, the limitation to gestational surrogate motherhood services, and the observance of a uniform policy in this area. Methods: The methodological framework of the study incorporated a range of philosophical, general, and legal methods. The worldview-dialectical method of cognition made it possible to investigate the problem's social content and legal form, then to conduct a systematic theoretical and legal analysis of the practice by applying the judgments of the European Court of Human Rights. The diversity of legal certainty of the surrogate motherhood system’s legality in Europe, particularly in France, Italy, Iceland, Poland, and Norway, was investigated using the comparative method. With the help of a formal-legal approach, it analysed the content and peculiarities of applying the ECtHR practice. Results and Conclusions: We comprehensively considered the ECtHR legal positions on gestational surrogate motherhood and the bioethics development in this area. International efforts should be concentrated on establishing an international regulatory framework that will provide recommendations practical to national governments, particularly in the gradual prohibition of surrogacy.

The comparison of forwarding conditions in countries with a civil law system

The issue of creating international legislation capable of regulating the sphere of forwarding has been considered for quite a long time. The actively expanding volume of services provided by freight forwarders and the increasing blurring of its role and area of responsibility create problems in the mutual understanding of the participants in the client– forwarder – third party chain. The main obstacle to the implementation of an international legislative act is the difference in the laws and customs of individual countries. To identify these differences, the authors analyzed such factors as the range of services provided by the forwarder, the conditions of access to the forwarding market, the type of representation used by forwarders in the contract and the definition of the boundaries of the forwarder's responsibility to the client. The analysis was carried out by studying national legal acts regulating the field of forwarding, as well as the general conditions of forwarding applied by members of national associations of forwarding and logistics in countries with a civil law system. The greatest difference was revealed in the field of conditions of access to the forwarding market, while the functionality of the forwarder, the types of representation used and the limits of responsibility of forwarders from different countries did not indicate any big differences. The result of the work is the conclusion that there are no critical differences in the work of freight forwarders of countries with a civil law system that can hinder the unification of forwarding conditions.

Environmental effects of harvesting some Mexican wild edible insects: An overview

Most traditional edible insects are collected from the forest and agricultural fields, where they are considered pests. However, their importance goes beyond this. They also have an ecological role and potential to be an emerging alternative source of high-quality nutrients that can help satisfy the growing food demand for the human population. Agricultural insect pests are a healthy food source during the harvesting season in many tropical countries. In Mexico, wild insects such as chicatana (queen of flying leaf-cutter ant, Atta mexicana Smith, 1,858; Hymenoptera: Formicidae), chapulín (grasshopper, Pyrgomorphidae), chinicuil (agave red worm, Comadia redtenbacheri Hammerschmidt, 1,848: Lepidoptera, Cossidae), and meocuil (agave white worm, Aegiale hesperiaris Walker 1,856, Lepidoptera, Hesperiidae) are seasonally collected from the agricultural land and forest for food and medicine. Thus, their consumption might be regarded as support for biological plague control. However, in most countries (Mexico included), there is a lack of legislation about edible insects from harvesting to sacrifice and even their main safety aspects. So then, this research aims to provide an updated assessment of the potential use of agricultural pest insects as a sustainable alternative for food, considering current international legislative and ethical concerns about harvesting and consuming wild edible insects, focusing on some of the wild edible pest insects in Mexico.

MODERN CHALLENGES OF OCCUPATIONAL MEDICINE IN GEORGIA, TAKING INTO ACCOUNT WHO DIRECTIVES

The current situation in the field of occupational medicine is analyzed both at globally and nationally level. It is recommended by WHO to create a national system of occupational medicine in the member countries of the organization. In modern conditions, the multi-spectrum complex problem of maintaining the health of the labor potential of the state can be solved only within the framework of the national system of labor medicine. Despite the fact, that many documents, conventions, recommendations, directives have been created in the direction of occupational safety and health protection of the employed population, which create an appropriate legal basis for the smooth operation of the system. However, work in this field should be carried out on a larger scale at the national level. A first-class task is the purposeful improvement of the legislation in the direction of labor and health protection and its harmonization with the international legislative and EU requirements within the framework of the modern European neighborhood policy. The priorities of occupational medicine at the modern stage of society's development are determined. Many current challenges facing the structures of the Labor Medicine Service of Georgia require a quick and effective response.

Organ and tissue transplantation definition: civil law aspect

This paper deals with the problem of defining the concept of organ and tissue transplantation in civil relations context. The fragmental definition of ‘organ and tissue transplantation’ presumes significant problems of this term’s legal interpretation. The core difficulty of such situation seems to be the usage of special medical terminology in indicated legal relations sphere. Simultaneously, it is well known that literal borrowing of medical terminology leads to a significant narrowing of the concept, as it does not take into account many legal aspects. The situation is complicated by the fact that Ukrainian and foreign scientists have no unambiguous views on the doctrinal interpretation of this term. Some legal scholars argue that the transplantation of human anatomical materials should be considered from the standpoint of the right to medical care, others tend to define transplantation as a special type of medical service. One more group of scientists are supporters of borrowing medical terminology to denote this item and are likely to interpret transplantation as a special method of treatment or system of medical manipulations. This article calls us into question of analyzing doctrinal legal approaches to understanding the transplantation concept in the context of civil law, as well as the interpretation of this term in national and international transplantation legislation. Special legal methods and logical tools are applied to present the solution of the article’s purpose. The complex analysis of special transplant legislation and doctrinal approaches has led us to the conclusion that national and international legislative definitions of transplantation tend more to the established medical terminology. A systematic analysis of the doctrinal considerations and legal provisions allows us to identify the following approaches to understanding transplantation: transplantation as medical manipulation (medical intervention); transplantation as a process of organ or tissue replacement; transplantation as a method of treatment; transplantation as medical care; transplantation as medical service. Such a variety of views on the interpretation of this concept is quite justified primarily due to the multifaceted nature of the transplantation phenomenon. All the above approaches seem to be correct, because they reflect it from different angles. Despite the lack of agreement, we believe our findings compare well with the opinion that medical service seems to be the best reflection of the civil law nature of the legal relations for the provision of medical care. Therefore, we suggest to define the term “transplantation” as medical service for the provision of highly specialized medical care by replacement of an organ and (or) tissue that has lost its vital functions on the basis of medical indications.

Marital Rape: Legal Status and Development

Marriage is a pillar of humanity and plays a crucial role in the development of both women and men in society. There are various national and international legislations, which aim at protecting women; however, in a marital relationship, rape is yet not considered as a serious offence. Marital rape is one such concept, which is difficult to understand and comprehend by society in general. However, recent media coverage on few petitions entertained by honourable courts have raised many questions on this subject, which has further led to lengthy and detailed discussion on forms of marital rape, the actions which constitute marital rape, significance of consent in marital rape, whether marital rape needs to be criminalized in modern society and international legislative measures related to marital rape. Victims of marital rape suffer depression, mental distress, gynaecological problems and other severe health issues, which directly impact their lives in a negative manner. This article attempts to uncover the issue of marital rape faced by women in their daily lives by throwing light on women’s rights and find some solutions to the problems, by relying on descriptive and comparative studies.

Translating the concept of “cultural identity” in public policies: Between the international and the national, and the tangible and intangible dimension

Abstract A concept such as that of “cultural identity” seems primarily belonging to the historic-artistic domain, but understanding its meaning is also fundamental for legal scholars dealing with cultural heritage policies and administration. This article examines how that notion has been shaped by legislators at different levels, revealing specific meanings depending on whether we are dealing with international conventions or national norms, and with tangible or intangible cultural heritage. The comparison of international conventions and national legislation highlights the clash between different orientations in the cultural heritage sector, namely between nationalists and internationalists. From a regulatory perspective, this clash of interests is reflected in the opposing concepts of “common heritage of mankind” and “national cultural identity,” whose legal implications need to be addressed. These two definitions are examined and challenged in an effort to understand whether they still have a legal meaning or if they have been replaced by a “global” notion of cultural identity. From a more general perspective, through an analysis of three case studies, the article reveals the role played by legal traditions when the same matter is regulated both by national and international legislative interventions enacted in different time periods. Think globally, act locally.

International and National Legislative Standards for the Protection of Women from the Social Consequences of Labor Migration

Over the past decades, the migration policies of the main destination countries have become much more stringent. In developing and improving migration policies, destination countries faced a difficult task - to find a balance between two factors: free market interests and border control / national security. In the context of globalization in the market, there is a growing demand for cheap and legally uncontrolled labor, while migration policy pays more and more attention to border control and the expulsion of illegal migrants. Millions of migrants are looking for a way out in these difficult conditions, attracted by job opportunities in destination countries, but with little legal access to it. This has resulted in a high growth in illegal migration, which has had a positive impact on many sectors of the economy in destination countries, where they are accustomed to relying on a cheap and flexible labor force - people who agree to any working conditions and are deprived of legal protection. This article is written about the problems and their solutions in different countries of the world faced by women migrants.

An Analysis of Mandatory Auditor Rotation Requirements in South Africa in light of International Legislative Trends

An independent and objective external audit of companies is an integral element of sound corporate governance and of functional financial markets. The issues relating to auditor independence and objectivity have attracted considerable regulatory and public scrutiny in many leading jurisdictions. This is partly due to a general decrease in audit quality over the years as evidenced by high-profile accounting scandals and audit failures, both locally and internationally, as well as the vital role that an external audit is expected to play in ensuring transparency, accuracy and efficiency in the financial markets. In an attempt to restore confidence in the audit profession and to strengthen the independence of the external audit function for companies, legislatures in some leading jurisdictions have introduced a variety of regulatory strategies, including mandatory rotation of auditors in the form of mandatory audit partner rotation (MAPR) and/or mandatory audit firm rotation (MAFR). In this article, the author examines the adequacy of the current provisions of section 92 of the Companies Act 71 of 2008 regarding MAPR and the recently promulgated rule of the Independent Regulatory Board for Auditors (IRBA) on MAFR (the MAFR rule) in addressing the issue of mandatory auditor rotation in South Africa. The author considers whether the provisions of the Companies Act 71 of 2008 regarding MAPR and the MAFR rule are adequate to promote an independent and objective external audit function for companies, as well as transparency, efficiency and accountability, while providing certainty for companies and auditors. The author first examines some of the key principles and policy considerations relating to the external audit of companies – namely, the significance of audits and auditors in the financial markets as well as the value of auditor independence and objectivity. This is followed by an examination of the provisions of section 92 of the Companies Act 71 of 2008 regarding MAPR and the recently promulgated MAFR rule in light of legislative developments in the United States, Canada, the European Union, Australia and India regarding mandatory rotation of auditors and audit partners. Based on the lessons to be drawn from the experiences of the above jurisdictions, the author then makes recommendations for appropriate reforms for South Africa in this important area of company law. This is followed by some concluding remarks.

Vehicles optimization regarding to requirements of recycling Example: Bus dashboard

It is very important during production to take into account the requirements regarding to recycling of vehicles. On this manner it is possible reuse of consisting materials and optimization of End-of-Life Vehicles. In European Union has defined targets to be achieved in the future for the recycling rate of vehicles at the end of their service cycle. Directive of the European Parliament and of the Council 2000/53/EC regulate waste management in the vehicle sector. This manuscript presents in global the international legislative in this field, regarding to the situation in Republic of Serbia. As contribution, during production of domestic city bus running on natural gas, performed the replace of material for bus dashboard on the basis of plastic and polyurethane foam, with ecological material with carbon inserts. The requirements for dismantling, reuse and recycling are integrated in the design of new bus.

Problems of compliance of Russian anti-corruption legislation with international corruption standards

The article analyzes the execution of the United Nations Convention Against Corruption and other international regulatory acts in the Russian Federation. It illustrates both the positive dynamics in Russian legislation that indicates the implementation of international legal norms and non-execution or formal execution requirements of the international anti-corruption standards. International experience in fighting against corruption is analyzed. Special attention is given to the norms fixed in the Council of Europe Convention on Civil Liability for Corruption. International legislative experience in fighting against corruption with the help of civil legal means is also studied. The civil legal confiscation as a measure of responsibility for a corruption-related offence is explored. The article offers a comparison of the Russian civil law norms with those contained in international law and civil legislation of other countries. The authors emphasize that the role of the civil legal means in the prevention of corruption are underestimated as corruption has an integrated and systemic nature. Therefore, it must be fought with by systemic measures that are provided for not only in criminal and administrative law, but also in civil law. The authors prove the non-compliance of the norms related to the civil law of the Russian Federation with current international experience in fighting corruption. The article offers recommendations for improving anti-corruption measures. In order to meet the international standards, Russia needs to shorten the list of public officials who are immune from criminal and administrative prosecution as well as to reduce the range of these immunities; to introduce a complete ban on public officials accepting gifts; to join and ratify the Council of Europe Convention on Civil Liability for Corruption; to provide real mechanisms for the confiscation of public officials’ property that does not correspond to their declared income.

UNCITRAL and a New International Legislative Framework on Mediation

UNCITRAL and a New International Legislative Framework on Mediation

Free Access to the Sea: Bilateral Transit and Transportation Agreements of LLDCs: Benefits and Bottlenecks-Case India and Nepal

Mongolia and Nepal are both landlocked developing countries with very different economic, trade and development profiles. Despite their dissimilarities, as landlocked countries they face similar transport issues including high transport costs, arising from lack of direct access to the sea, physical distance and administrative burdens associated with double border crossings amongst others. This paper analyses the trade and transport regimes of Mongolia and Nepal to understand common issues in the context of their relationship with key trade and transit partners. For instance while both countries have equal protection of the international legislative and normative frameworks, a key challenge is actualizing “free access to the sea”. Based on this analysis the paper seeks to set out policy recommendations for consideration from the trade, transit, trade facilitation and international regulatory framework perspective.

TRANSNATIONAL ORGANISED CRIME IN INDONESIA: THE NEED FOR INTERNATIONAL COOPERATION

This article examines the growing infuence of transnational organised crime on the nations of South East Asia. Human trafficking, maritime piracy, terrorism and wildlife trafficking are major transnational crimes that cause significant harm to both individuals and national economies. This article examines the continuing domestic and international legislative, law enforcement and policy efforts of South East Asian nations to address transnational organised crime. it is concluded that to effectively counter transnational organised crime there is a need to employ international cooperation that is focused on addressing the unique factors of each crime.

The Continuing Conundrum of the Somali Territorial Sea and Exclusive Economic Zone

Among the many challenges facing Somalia as it seeks to enable its maritime future is the continuing conundrum presented by its historical claim to a 200-nautical-mile territorial sea. However, as a degree of stability has returned, a series of important—but largely forgotten—national and international legislative and policy steps taken by the Somali Democratic Republic just prior to the onset of the civil war have been rediscovered. This has cast the issue in a new light, and raises several questions as to the consequences and evolution of the Somali legal relationship to the maritime domain. This article describes the current status of the Somali claim, with a view to illuminating the legal history behind the Somali legislative ‘start point’ for the recently filed application with the International Court of Justice in relation to its Exclusive Economic Zone delimitation with Kenya.

Preferential Rights of Local Inhabitants of the North: International Legal Grounds and legislative Experience of Arctic States

The article argues that, based on relevant international law, a balanced and promising legal policy of Russia and other Arctic states would be to specify such rights with regard to general status and social and economic situation of all local inhabitants of Arctic states. It is counterproductive to continue to elaborate isolated legislative provisions on exclusive preferential rights of only indigenous peoples of the North.