Terms Of Rights Research Articles

The effect of COVID‐19 on employment: A bibliometric review of a she‐cession

AbstractThe effort to close the gender gaps in employment is one of the priorities worldwide to help address the disparity that exists between men and women in terms of rights and opportunities and to grow the economy in a sustainable way. Several academics and international organizations are interested in understanding its evolution, as well as the reasons and consequences of its existence. In this sense, the crisis alters the labor markets, affecting male and female employment ratios to varying degrees. To determine the foundations and consequences of the COVID‐19 in the labor sphere: we first discuss the most relevant international analysis of employment in pre‐and post‐COVID‐19 times. Second, we synthesize the state of the art of the most relevant literature on gender gap in employment and its drivers, especially those related to the impact of the coronavirus. To achieve this, we revised 731 papers since 1989 until January 2024. The reports of different organizations, as well as scientific studies indicate that the coronavirus has represented a setback for female empowerment. This is evident in higher rates of destroyed employment due to the pandemic impact on more feminized sectors, and women have assumed greater responsibilities at home compared to males. With a sample of 394 articles published between 2020 and January 2024, we employed a bibliometric approach to understand the evolution of scientific research on the subject. Our results provide a theoretical and conceptual framework that facilitates academic progress in understanding gender inequality, as well as practical guidance in identifying gaps.

Property and Trusts: A Modern Project to Create Individual and Collective Personae

The concept of trusts, absent from the classical writings of Marx and Weber on capitalism, was introduced by Frederic Maitland and John Locke as an explanatory framework for the central institutions of capitalism. While these two theorists offered compelling arguments, they relied on intuition and utilized the concept primarily to justify the existing social structure. This paper aims to bring analytical rigor to this intuitive theory and proposes that critical theory embraces the idea of trusts as a critical conceptual tool to unravel the nature of capitalist institutions. Examining limited liability corporations, the modern state, and public debt, the incorporation of trusts into critical theory provides key advantages. First, it facilitates analyzing capitalist institutions in terms of rights and responsibilities, unveiling moral dynamics. Second, it highlights the role of personhood in distributing rights and responsibilities. Third, it can help understand why modern society is ensnared by the shackles of debt.

The old Commonwealth model of constitutionalism

Comparative constitutional law is prone to two types of error. ‘Thin’ or overly formal accounts overlook important substantive dimensions of law and constitutions. ‘Thicker’ accounts often subsume the legal within politics or culture. Both types of error share a tendency towards presentism which stems, we argue, from insufficient consideration of the ‘jurisprudential perspective’ – the basic framework of legality which structures constitutional order and the ‘internal point of view’ that accompanies it, whereby actors within a legal order understand their association in terms of rights and duties. We turn to an older school of inquiry to see what such inquiry might entail. ‘Commonwealth comparative constitutional law’ explored questions of legality and sovereignty in the context of a collapsing British Empire. We assess the contribution of R.T.E. Latham, D.V. Cowen, Edward McWhinney and Geoffrey Marshall in the context of the Voters Rights legislation and litigation in 1950s South Africa in particular, and conclude by reflecting on the potential of this style of scholarship in our own era, where questions of sovereignty, exclusion and faux legality resurface in new and troubling forms.

Land Rights of Tribal Women in India

The article discusses the state of affairs of Tribal Women, especially with reference to their Rights relating to Land. It explores the idea of non-discrimination and equality of Tribal women vis-à-vis their male counterparts. It begins with the general position of women in terms of Rights over land and property all over the world followed by their specific case in India, thereafter, bringing to focus this aspect for Tribal Women in India. The article studies the International Instruments and International Policies with reference to Land Rights of Women. Furthermore, it follows up with the study of Indian Laws and customary practices regarding the same. Ultimately, the article emphasizes the importance of specificity of circumstances relevant to Tribal Women and need for codification of specific laws to ensure and uphold Land Rights for Tribal Women.

How Teacher and Student Leader Collaboration Contribute to Learning

The collaboration between teacher and student leader as a possible factor contributing to learning outcomes remains under-researched. To understand the combined efforts of teachers and student leaders toward attaining teaching outcomes, this paper addresses the following questions: What are the value-added dimensions of the teacher toward achieving learning outcomes? How do student leader activities contribute to the achievement of learning outcomes? Without making any claim to tight causal relationships, this paper argues that the effective involvement of student leaders in the teaching process has considerable effects on learning. These effects do not only revolve around student development (for example leadership skills, and citizenship awareness in terms of rights, duties, and responsibilities), but also on the teaching and learning output (Heck, & Hallinger, 1999). Undeniably a common acceptance is that the teacher is permanently the leader while students are mere followers, who do not share teaching and learning behavior when it comes to the exhibition of power and authority within the classroom social environment. Nevertheless, this research reveals how collaboration between teachers and student leaders may improve students’ academic outcomes.

A New Advance on the Improvement of Forest Ecosystem Functions in the Karst Desertification Control

In recent years, after the implementation of large-scale ecological restoration projects, karst areas in the South China Karst have become global “greening” hot spots. However, the biodiversity, ecosystem quality, and security patterns in karst areas are still severely affected. The reason for this is that despite the execution of karst desertification control projects, the lag mechanism of forest ecosystem functions and services is still unclear. Therefore, we analyze the progress in the research related to desertification control and the improvement of regional forest ecosystem function through a systematic literature review approach. The results show that the major landmarks achieved so far include the following aspects: based on the karst desertification control area, we have elucidated the driving factors of forest ecosystem change, discovered the ecological security pattern of landscape optimization and reconstruction, revealed the internal mechanism of forest system structure optimization and stability enhancement, overcome the technical constraints of forest water–fertilizer coupling, introduced a strategy for regulating functional traits to improve the growth and development of vegetation, proposed strategies to enhance carbon sequestration in forests and the efficiency of microbial carbon use, and created models and paths to realize the value of forest products. The key scientific issues to be addressed in the future mainly comprise the following: the effects of spatial heterogeneity on forest ecosystems, disturbances in landscape reconfiguration caused by human activities, the work mechanisms of the combination and configuration of the niche in structural optimization, the response of species configuration to the water cycle, the coupled relationship between biodiversity and soil properties, the screening and construction of the plant germplasm resource base, the functional trade-offs/synergistic mechanisms of karst forest ecosystems, the creation of policies for forest product in terms of rights, trading, and compensation, and systematic research on the extended industrial chain of forest ecosystems, its service potential, and so on.

UNIVERSITY THROUGH THE EYES OF DISABLED UNIVERSITY STUDENTS WITH EXPERIENCES AND NARRATIVES: THE CASE OF MUGLA-BILECIK

Before the Enlightenment period, despite cultural differences, disadvantaged individuals were prone to exclusion, discrimination, or ill-treatment in societies in general. With the Enlightenment process, the importance of giving attention to humans came under discussion, and disadvantaged groups, especially disabled individuals, gradually began to acquire various rights in the progressing periods. However, despite many achievements in terms of rights, disabled individuals can still face discrimination and exclusion in various areas within society due to the presence of the concept of "ableism." The field of education is one of these areas. Indeed, education is particularly important for disabled individuals in terms of socialization, gaining employment opportunities, and avoiding deprivation and poverty. Building upon this significance, this study focuses on the problems encountered by disabled individuals actively pursuing education at Muğla Sıtkı Koçman University and Bilecik Şeyh Edebali University. The research was conducted using qualitative research techniques, specifically in-depth interviews. The data obtained from the interviews were interpreted through thematic analysis and field notes. As a result, it has been revealed that the perception of disability in the university has transformed on the basis of administrative staff, and the institutions have not yet kept up with this transformation. It has been concluded that although there are arrangements made by the institutions regarding accessibility, they are not sufficient, there are still students with access problems in the field of education, and therefore institutions should make improvements. On the other hand, it is understood that the awareness levels of the peers of disabled students about disability and accessibility are not sufficient

An Age of Rights?

AbstractRights seem to occupy a prominent place within the moral and political lexicon of modernity. But is this truly an age in which the idea of individual rights has flourished? Or might the frequency with which we speak of rights reflect a failure to appreciate the stringent demands that genuine rights would inevitably place upon us? Does our willingness to frame so many moral issues in terms of rights simply illustrate our failure to take the idea of rights seriously? Does our monocular focus upon rights lead us to ignore the broader context of law, virtue, and civility that is necessary if rights are to be a reality? These are the questions forming the background to my discussion in this essay.

The frontiers of medical negligence and diagnosis: an interview-based analysis.

While errors in medical diagnosis are common and often litigated, the different dimensions of diagnosis-formation, communication, recording-have received much less legal attention. When the process of diagnosis is differentiated in this way, new and contentious legal questions emerge that challenge the appropriateness of the Bolam/Bolitho standard. To explore these challenges, we interviewed 31 solicitors and barristers and asked them: (i) whether Montgomery should apply to information about alternative diagnoses; and (ii) whether the Bolam/Bolitho standard should be rejected in 'pure diagnosis' cases. Our qualitative analysis of the interviews sheds light not only on the two questions posed, but also on three cross-cutting themes. First, Bolam/Bolitho is criticised on two grounds that are often conflated: its paternalism for patients and its deference to medical professionals. Second, adopting different standards for different aspects of treatment and diagnosis may be justified in principle, but it can sometimes be difficult or not make sense in practice. Third, new conceptions of patients, doctors, and courts are being articulated in terms of rights or responsibilities over risks. In mapping these issues at the frontiers of medical negligence, this empirical study identifies potential pressure points for future legal developments.

The Problem of Proving the Paternity of Children Born of ISIS Members and Yazidis

ISIS has committed many crimes that are considered crimes against humanity, the most famous of which is the crime of rape, forced marriage and enslavement of Yazidi women in Iraq, which ISIS calls (slaves). This resulted in the birth of children born to ISIS fathers and surviving Yazidi mothers who suffer a lot of suffering and problems about their rights and fate. The opinions of jurists and legal scholars differed about the proportions of these children, and it is more likely that the children born as a result of rape or enslavement of women are attributed to their mothers because they were born illegally, so their mothers become like the father to them in terms of rights and obligations, registration in official departments, issuance of civil status identity and national card, and obtaining citizenship Iraqi, and others, and based on the Iraqi Nationality Law, Paragraph (A) of Article (3), Iraqi nationality can be obtained for the children of Yazidi survivors from their mothers.

A post-humanist and anti-capitalist understanding of the rights of nature (with a coda about the commons)

I will raise the question of whether it is conceptually acceptable and practically useful to speak in terms of rights of Nature. I will answer positively: we may talk about rights of Nature with complete legitimacy. In addition, I will argue that we must do so from an anti-capitalist and postcolonial perspective; that is, not as a metaphor or a legal fiction, but considering that for some peoples of the world, natural entities genuinely have a personality worthy of protection through rights. I will also defend that the expression “rights of Nature” goes beyond the problem of the entitlement (Nature or Earth as “new holders”). Indeed, the emergence of the rights of Nature implies a radical change in the actual concept of rights; a change which compels us to move from humanism to post-humanism. This in turn leads us to dismantle the individualistic, anthropocentric, Eurocentric and ownership-based perspective of rights.

EPISTEMOLOGI PLURALISTIK PENDIDIKAN AGAMA ISLAM PERSPEKTIF ABDURRAHMAN WAHID

The diversity that exists in Indonesia is undoubtedly unique, in fact Indonesia has diversity in several aspects, of course this has become a separate icon for various regions of Indonesia, especially in the variety of religions and thoughts. Today, every problem that exists in Indonesia, be it in the economic, political, cultural, racial and ethnic aspects, occurs because of moral degradation and the narrowness of thinking about national democracy. So that this is also an influence on the development of education in Indonesia, especially in religious education. According to Abdurrahman Wahid's (Gus Dur) pluralistic thoughts and views, religious education must pay attention to religious and cultural diversity in society, and must not ignore or marginalize views that differ from the views of the majority of religions. In this study, researchers focus on how pluralistic epistemology in Islamic religious education is from Abdurrahman Wahid's perspective. The method in this study uses qualitative research by presenting data in a descriptive analysis manner compiled through literature review and literature study. The results of this research explain that every community group has the same position in terms of rights and obligations as Indonesian citizens. with a sense of solidarity, tolerance and dialogue will further build a civilized and peaceful nation.

Moral Harassment at Work—The Portuguese Conceptual Case: Persecution vs Intentionality

Equality and access to work are structuring principles of our constitutional system that aim to guarantee an equal condition in terms of rights and duties, fulfilling the basis of the social dignity of the human person. Within the scope of the protection of equality and non-discrimination, we find harassment, as unwanted behavior, with the aim of affecting that very dignity of the human person, whose article 1 of the Constitution of the Portuguese Republic calls for its protection, always based on personality rights, and it is in this sense that I propose to analyze the other concepts, causes, subjects, effects and ways to fight and prevent. This investigation intends to analyze, through a cognitive framework, in a precise and direct way, the relationship between persecution (determining factor) and intentionality (conditioning factor), based on the aforementioned concepts and their relationship with Portuguese jurisprudence, seeking to locate trends and characterize them, discussing the limits and potential of their effects.

Attitude of Farm Families Towards Gender Equity: Development and Validation of a Scale

Gender equity is the means to achieve gender equalities in farm families. According to their respective needs based on equivalency in terms of rights, benefits, obligations, and opportunities are considered fair in the treatment of farm women and farmers. Thus, it was very essential to measure the favorableness of farm families toward gender equity. It measures to reflect their acceptance and thought process regarding present gender dynamics in their house and farm. The present study focussed to devise an instrument and for that, a Likert’s Summated rating technique was used in the year 2022 with a true standardized methodology to construct the attitude towards gender equity. A total of 94 items were constructed by reviewing related literature. Based on the 80 responses from experts, 16 items were screened through item analysis. A split-half technique was used to measure the reliability of the scale and the reliability coefficient was 0.861. The validity of the scale was also proved as per experts’ judgments.

Demanding what is rightfully theirs. The link between social justice protests and economic, cultural, and social rights

The right to peaceful assembly and association have been central to the notion of human rights since their very first iterations. A selection of key peaceful protest movements in the 21st century shows that the movements themselves are expressing demands that are in line with the human rights approach (Ortiz et al. 2022). Among the main findings is that over half of protest movements incorporate some economic or social justice demand (higher wages, jobs, housing, healthcare, pensions…). This article looks at protest movements that have demands that are linked to rights expressed by the UN International Covenant on Economic, Social and Cultural Rights (United Nations 1966). Though protesters do not express their demands in the language of human rights, their demands for social justice are mostly already enshrined in the declaration. The author compares demands of economic justice to their counterpart in terms of rights, stressing the need for countries to reexamine their own policies considering these protests or potentially face escalating social unrest.
 Received: 20 July 2022 Accepted: 30 November 2022

The Legal Position of the Security Unit in the Perspective of Labor Law

This study aims to examine the legal position of security guards in relation to labor law aspects. This research is a normative legal research with a concept and statutory approach. The results of the study confirm that the legal position of a security guard in employment law is that in terms of duties and authorities, a security guard actually carries out the duties of the police, but in terms of rights and obligations in general, such as those related to wages, leave, overtime and so on, they should be based on labor provisions as stipulated in the Labor Law and the Job Creation Law. Regarding the guarantee of employment rights for security guards in the perspective of labor law based on the principle of ejusdem generis in general it can be equated with rights for workers in general, such as: the right to adequate wages, the right to leave, the right to health insurance, the right to severance pay, as well as the right to legal protection. However, there are rights that need to get special arrangements related to security guards in their position as special workers such as the right to associate and assemble which need to be further regulated through government regulations and presidential regulations which contain: the position of independent security guards, especially security guards, rights and obligations, as well as efforts and legal mechanisms.
 Highlights:
 
 Dual Role: Security guards perform police duties and have labor law rights.
 Employment Rights: Guards' rights align with general workers.
 Special Regulations: Specific rights need further government regulation.
 
 Keywords: labor law, security guard, SATPAM
 
 

Christian Religioscapes in the Levant: The Question of Geo-Religious Materiality of a Minority in Decline

The Levant has diachronically been a highly contested region in terms of rights and entitlement, and, ultimately, in terms of sovereignty over territory. This is not a new phenomenon, particularly in a region that is laden with history. Religion has been, and still is, central in the demarcation and distinction of territorial custodianship, administration, and ownership, as it codetermines the terms and limits of boundaries by way of materiality in the public sphere. Antitheses and frictions are frequent over disputed territories and spatialities, where religioscapes overlap or intersect in a non-harmonious fashion. Especially at times of political unrest, religion, as a value system, as cultural heritage and as a collective identifier of self-perception, has a central role in the signification of (pre)dominance over territory. This holds true particularly for the Christian minorities in the Levant, with immediate consequences on their religious sites and their overall religiocultural heritage. In this light, I argue that this issue deserves extensive further study, to better understand and explain the complex georeligious landscape in the region, and specifically the place of Christianity therein by way of its materiality, given that the latter is mutatis mutandis under threat.

Indonesian national qualification framework & MBKM curriculum of PAI doctoral in UIN Sunan Kalijaga

The curriculum is so important in Higher university. The existence of compulsory higher education and transformed into an independent agency without interest and political elements stored in it. This Study aims to describe the Indonesian National Qualification Framework and MBKM Curriculum of PAI Doctoral in PTKI. This research's findings are as follows the reality is that the recruitment pattern of educational institutions cannot be separated from the grip of politics. For example, many top leaders in higher education are still wrong the mention KKNI, the error lies in how to understand the concept of KKNI only to the extent of the curriculum. With the implementation of the curriculum, it is hoped that PTKI will meet the needs of employment opportunities and can play an important and active role in social life at the national and international levels. In addition, all PTKI graduates can obtain equality in terms of rights and recognition related to further education in all countries that have the same qualifications that have been determined by all graduate users

Become Recognized Minority in a Multicultural Society: An- Naim’s Theory in Responding to Ahmadiyyah Cases in Indonesia

This study aims to analyze the thoughts of Abdullah Ahmed an-Naim related of constitutionalism, human rights and citizenship based on justice in minority groups. An-Naim’s thoughts on human rights can be accommodated to public expectations regarding the issue of the Ahmadiyya community in Indonesia. Read an-Naim’s theory regarding women, non-Muslim status and apostasy. The issue of human rights initiated by an-Naim will be the basic foundation in the explicit explanation of this paper. Considering the existing social values based on the enforcement of human rights in Indonesia, the position of the Ahmadiyya community must be positioned equally in the law in terms of rights and obligations as part of Indonesian citizens. The state must be neutral considering the Ahmadiyya community in responding to its religious existence. The government must maintain neutrality in regulating religious life for every citizen in order to create an atmosphere of harmony and peace. This paper attempts to produce a peaceful religious discourse in the context of religious freedom in Indonesia

서울시 교육시설 인권영향평가 연구

As part of a long-term road map for the development and operation of the human rights impact assessment system in Seoul, this study was conducted for field assessments of human rights impact assessments on educational facilities among architectural facility assets owned by Seoul city government. In order to derive operational conditions and problems based on the Human Rights Impact Assessment Checklist of Seoul, 11 educational facilities among the assets owned by Seoul city government were pre-invested, and finally, Gocheoc Public Library, Seoul Institute of Technology and Education, Seoul Open City University Headquater, Yongsan Public Library, on-site evaluation was conducted for 4 facilities. As a result of this study, educational facilities were generally highly evaluated in terms of the right to access and the right to move. In terms of the right of mobility, it was confirmed that the efforts of individual institutions to strengthen the right of mobility while reinforcing functions such as remodeling had a greater impact than the early time of building construction. In terms of the right of access to information other than the right of access and mobility, the characteristics of educational facilities were relatively good. In terms of environmental rights, there was a large gap between facilities, and it was confirmed that they were greatly affected by the year of establishment and the initial design. The right to participate was transferred to the entrusted institution in a state where it was hardly reflected in the initial design stage and was evaluated low. Overall, the most serious human rights field was the right to rest, and both facility users and employees were vulnerable.