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"LEGAL FRAMEWORKS"
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Economic factors influencing the empowerment of Peruvian women version 2; peer review: 1 approved, 1 approved with reservations
by
Vela Meléndez, Lindon
,
Alvarado Cáceres, Elena Jesús
,
Reynosa Navarro, Enaidy
in
Access to education
,
Adult
,
Decision making
2024
Objective
To determine whether economic factors are crucial in empowering women, guiding them towards growth and development opportunities, achieving empowerment, and contributing to two sustainable development goals of the 2030 development agenda: ending poverty and achieving gender equality.
Methodology
The research was foundational, with a phenomenological and hermeneutic design. The applied technique was in-depth interviews with 12 women who had started a business within the last five years in a region of Peru.
Results
It is evident that economic factors are decisive in business experiences and decisions, highlighting the necessity of having contingency funds to prevent operational impacts. Through entrepreneurship, women achieved economic independence, enabling them to support their families and impacting their empowerment. It concludes that to promote economic opportunity equality, addressing financing needs, encouraging economic independence, strengthening family empowerment, improving customer management, and facilitating access to government funds are essential.
Conclusions
The narrative of the participants provides a solid foundation for designing specific policies and support programs that boost the economic empowerment of women entrepreneurs and encourage their active participation in the business sphere.
Journal Article
In Support of the Absolute Prohibition of Torture in Zimbabwean Criminal Justice System: The Necessity for a Torture Legislation in Zimbabwe
This article examines the reasons why torture has no place in Zimbabwe’s criminal justice system, focusing on the role of constitutional dialogue and a standalone torture law as the optimal alternatives for protecting constitutional rights. The paper finds that the rejection of torture aligns with principles of constitutional dialogue in safeguarding fundamental rights. Freedom from torture is non-negotiable both nationally and internationally. The methodology used here involved analyzing the case law within Zimbabwe in the light of international law. Rejecting torture reflects a commitment to constitutional dialogue, fostering a legal framework that upholds fundamental rights and constitutional values. Moving forward, considerations of severity and purpose should distinguish thresholds for lawful sanctions, while clarifying the government’s duty to abstain from torture and protect citizens from both public and private agents’ acts of torture. This exposes the necessity for a domestic legislation on torture in Zimbabwe, because mere constitutional prohibition of torture is insufficient in the absence of supporting laws detailing the crime’s gravamen and procedures.
Journal Article
Solid Waste Management in the Context of a Circular Economy in the MENA Region
by
Guo, Jinyang
,
Chaouki, Benabbas
,
Hafidi, Mohamed
in
Cost recovery
,
Developing countries
,
Environmental impact
2022
Solid waste management in most MENA countries is characterized by lack of planning, improper disposal, inadequate collection services, inappropriate technologies that suit the local conditions and technical requirements, and insufficient funding. Therefore, waste management is mainly limited to collection, transportation, and disposal. As the circular economy has recently been given high priority on the MENA region’s political agenda, all MENA member states are seeking to move away from old-fashioned waste disposal, “waste management”, towards a more intelligent waste treatment, “resource efficiency”. This paper presents a comprehensive overview of national systems for municipal solid waste (MSW) management, and material and energy recovery as an important aspect thereof, in the context of the circular economy in selected countries in the MENA region. Since policy, regulation, and treatment technologies are traditionally connected to MSW management, the focus of this article is twofold. Firstly, it aims to identify the different practices of solid waste management employed in selected MENA region countries and their approaches to embracing the circular economy and, secondly, it examines the extent to which policies and technologies applied play any role in this context. The study revealed that most waste management issues in the countries analyzed appear to be due to political factors and the decentralized nature of waste management with multi-level management and responsibilities. In fact, material and energy recovery in the context of municipal solid waste management does not differ significantly in the countries in the MENA region considered. In most cases, “waste” is still seen as “trouble” rather than a resource. Therefore, a fresh vision on how the solid waste management system can be transformed into a circular economy is required; there is a need for paradigm shift from a linear economy model to a circular-economy model.
Journal Article
Challenges Experienced by Public Secondary School Teachers in the Application of the Legal Framework for Their Safety
by
Mollo, Nicholus T.
,
Mokonyane, Amogelang
,
Mampane, Kgale B.
in
Experiences
,
legal framework
,
secondary school
2024
SUMMARYThe safety of teachers in public schools is important for the creation of a conducive teaching and learning environment. The application of the South African legal framework should ensure that teachers work in a safe environment. The phrase ‘teacher safety’ refers to the safeguarding of teachers from harm, including physical, psychological, and emotional injury. Sec. 12 of South Africa’s Constitution (1996) ensures teachers’ safety, and various local and international studies have examined their safety. The existing studies lack an exploration of the way in which the legal framework has been applied to ensure teachers’ safety from violence in public schools. The investigation reported in this article pivots on the following research question: What challenges do public secondary school teachers experience in applying the legal framework for their safety? To respond to this question, qualitative research was conducted. Data were collected using semi-structured interviews. Purposive sampling was used to recruit ten experienced participants (five teachers and five principals) from five public secondary schools in the Ngaka Modiri Molema District of the North-West province of South Africa. The data were then thematically analysed. The main finding of the study is that, while there are sufficient legal measures that regulate teachers’ safety, there is a lack in the application thereof to ensure teachers’ safety in public secondary schools. This is one of the contributory factors to violence against teachers. The existing legal framework provisions should be applied by teachers to safeguard them against violence.
Journal Article
Barriers to Asset Recovery
by
Power, Ric
,
Gray, Larissa
,
Stephenson, Kevin
in
Criminal provisions
,
Forfeiture
,
Searches and seizures
2011
It is estimated that the proceeds of crime, corruption and tax evasion represent between $1 trillion and $1.6 trillion per year, with half coming from developing countries. Proceeds are typically transferred abroad and hidden in foreign jurisdictions, thus requiring international cooperation. Various international conventions and agreements require international cooperation on this issue, in particular the United Nations Convention against Corruption; however, only $5 billion in stolen assets have been repatriated over the last 15 years. This enormous gap reveals that significant barriers continue to impede asset recovery despite the commitments taken by governments, civil society and the private sector. Drawing on the experience of practitioners with hands-on experience, the Stolen Asset Recovery (StAR) Initiative launched this study to identify the barriers to stolen asset recovery internationally, provide brief analysis of the impact of these barriers, and propose recommendations for overcoming these obstacles. This volume is intended to guide policy makers in their efforts to ensure necessary resources and the development of a plan, policy or strategy aimed at eradicating the barriers to asset recovery. In addition, this study proposes actions to be taken by the G20, international organizations, financial institutions, developmental agencies and civil society.
Liability in Telesurgery: Navigating Legal, Ethical, and Cross-Border Challenges in the Era of Global Surgical Care
2026
The rapid evolution of telesurgery and advanced telemedicine technologies has expanded access to specialized surgical care while introducing complex legal, ethical, and regulatory challenges. This narrative review examines liability considerations associated with telesurgical practice, with particular attention to cross-border care, professional negligence, product liability, and the interaction between human and technological actors. Beyond legal accountability, the review highlights the central role of bioethical considerations, including patient autonomy, transparency, and equity, and explores how these principles are strained by physical distance, technological mediation, and jurisdictional fragmentation. Issues related to informed consent are examined in depth, particularly the adequacy of disclosure regarding technological risks, system failures, data transmission vulnerabilities, and the distribution of responsibility among clinicians, institutions, and technology providers. By synthesizing international legal frameworks, policy approaches, and ethical analyses, this review underscores recurring structural challenges in existing liability models and identifies areas where current consent practices may be insufficient for telesurgical contexts. The findings aim to inform clinicians, policymakers, and regulators seeking to support ethically sound, legally robust, and patient-centered implementation of telesurgery.
Journal Article
Research on the Legal Framework of Content Regulations for Network Platforms
2024
In the era of the Internet, various network platforms have evolved into new hubs for information dissemination. Currently, China has established a platform-centered content regulation framework, wherein platforms proactively enforce content regulations in accordance with legal censorship obligations. Additionally, platform policies and user agreements augment their authority in content regulation. The platforms can achieve cost-effective and highly efficient content regulation by leveraging their strategic advantages enabled by their own technical capabilities and extensive coverage. The platform self-regulation model, however, still faces challenges. First, accurately evaluating content remains a formidable task; second, ensuring effective platform publicity through self-regulation poses difficulties; third, users may potentially face disadvantages due to the platform’s right of self-regulation; and fourth, digital copyright owners face challenges when defending digital copyright disputes under the safe harbor rule. Therefore, it is imperative to establish, review, and revise the legal framework for content regulation of network platforms in order to enhance the efficiency of their governance systems. The formulation of the legal framework for content regulation of network platforms may encompass the following aspects: rationalizing obligations pertaining to platform content regulations, enhancing supervision over platform self-regulation, and establishing a dual-track responsibility system for digital copyright content regulation. This will ensure a harmonious balance among public interests, users’ personal rights and interests, and commercial benefits through regulating the content on network platforms.
Journal Article
Adapting the Budapest Convention to address emerging cyber threats
by
Nshimiyimana, Francois Regis
in
Budapest Convention, Cybercrime, Legal framework, Emerging threats
2026
Aim: This paper examines the necessity of adapting the Budapest Convention to address emerging cyber threats, including ransomware, the misuse of cryptocurrencies, artificial intelligence(AI), Internet of Things (IoT) vulnerabilities, and cross-border jurisdictional challenges. The paper highlights the legal gaps and proposes updates to ensure the Convention remains relevant in combating evolving cybercrimes. Methodology: A comparative legal research approach is employed, analyzing the current provisions of the Budapest Convention alongside case studies of emerging Cyber threats. The research integrates doctrinal analysis and practical insights, including reviews of international legal frameworks, technological developments, and enforcement practices. Findings: The study identifies significant gaps in the Budapest Convention, including the lack of provisions addressing advanced cybercrime methods and the challenges of cross-border enforcement. These gaps hinder the Convention's ability to address contemporary Cyber threats effectively. The paper suggests concrete reforms, such as incorporating provisions for AI-driven crimes, cryptocurrency regulations, and enhanced cross-border cooperation mechanisms. Value: This paper contributes to the ongoing discourse on international cybercrime law by proposing actionable updates to the Budapest Convention. It provides a roadmap for policymakers and legal practitioners to enhance the Convention's relevance and effectiveness in tackling the dynamic landscape of cyber threats while safeguarding fundamental rights.
Journal Article
Digital Criminal Investigations in the Era of Artificial Intelligence: A Comprehensive Overview
2023
Artificial Intelligence (AI) has been integrated within digital criminal investigations comprehensively with the help of associated methodologies, legal ramifications, and its overarching impact on the justice system. This study adopted a multifaceted approach encompassing qualitative, descriptive, and analytical methods, drawing its data primarily from an array of legal documents and scholarly literature. Through its investigation, this study elucidated the pivotal role that AI plays within law enforcement, encompassing aspects such as arrest procedures, release decisions, sentencing processes, prediction of recidivism, identification of criminal activities and patterns, as well as the apprehension of suspects through advanced audio analysis techniques. The findings underscore the transformative potential of machine learning techniques in enhancing the analysis and organization of case data. The study provides a series of recommendations aimed at optimizing the utilization of AI in digital criminal investigations. These recommendations advocate for the prioritization of high-risk cases through the incorporation of diverse data sources to facilitate well-informed decision-making. Additionally, the study advocates for the deployment of AI in crime prediction, suspect identification, and the reinforcement of security measures. Furthermore, it underscores the importance of implementing AI-powered biometric identification (Bio-ID) systems to fortify identity verification processes. Lastly, the study advocates for the implementation of intelligent surveillance solutions to proactively prevent criminal activities, utilizing advanced visual analysis techniques. Concurrently, it emphasizes the role of machine learning in streamlining case management processes, thereby providing precise recommendations and enhancing overall efficiency within the criminal justice system.
Journal Article
Individual attitudes towards environmentally friendly choices: a comprehensive analysis of the role of legal rules, religion, and confidence in government
2024
This study investigates the dynamic interplay between individual attitudes towards legal rules, religious beliefs, and confidence in government institutions, and their collective impact on environmentally friendly choices (EFC). Amidst growing environmental concerns, this research explores how these societal elements influence individuals’ willingness to financially support environmental causes, accept tax increases for pollution prevention, and prioritize environmental conservation over economic growth. By incorporating a comprehensive set of socio-demographic controls, including country, religious denomination, and town size, the study provides a nuanced understanding of the factors driving EFC. The study reveals that increased confidence in government institutions, such as police and armed forces, relates positively to engagement in EFC. It highlights the essence of building trust among citizens to foster responsible environmental behavior. The research also brings to light the significant influence of religious involvement and participation on individuals’ environmental choices, suggesting that active engagement in religious communities builds religion-dependent social capital that steers individuals towards more sustainable living practices. Results highlight the importance of trust in institutions and government policies in facilitating the transition towards a digitally empowered, environmentally conscious society. Conversely, a lack of trust can breed skepticism and hinder the adoption of sustainable practices. The study’s insights are instrumental for policymakers, religious leaders, and environmental organizations in devising targeted strategies that encourage responsible consumption and strengthen collective efforts towards a sustainable future.
Journal Article