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Article
Publication date: 14 August 2023

Rio Erismen Armen, Engku Rabiah Adawiah Engku Ali and Gemala Dewi

This study aims to investigate beneficial right as a new legal concept and term accepted by the Indonesian legal system. The new concept was ratified to endorse government…

Abstract

Purpose

This study aims to investigate beneficial right as a new legal concept and term accepted by the Indonesian legal system. The new concept was ratified to endorse government decision to use ṣukūk (as an Islamic financial instrument) in the financing of state budget deficit. Some legal issues emerged after the ratification such as the necessity to synchronize the beneficial right with other property rights in Indonesia and the disharmony between laws related to sovereign ṣukūk issuance.

Design/methodology/approach

The study uses a qualitative method with library study and interviews with relevant legal experts in Indonesia as the data collection techniques.

Findings

The findings show that the passage of Sovereign Ṣukūk Law 2008 that ratified beneficial right deemed as a concession point by the government to solve conflicts between legal restriction and employment of state-owned assets as the underlying asset of sovereign ṣukūk. The study deemed the necessity to improve the use of beneficial right in the Indonesian legal system which by the concept is not exercised for the issuance of sovereign ṣukūk only. There is the need to harmonize the administration of this right with other property rights in Indonesia.

Research limitations/implications

The scope of study will be limited to the Indonesian regulation related to the use of beneficial right concept in the issuance of sovereign ṣukūk in Indonesia. The regulation as mentioned will be in the form of statutes, presidential or ministerial regulations, and also opinions of Indonesian legal and sharīʿah scholars regarding the matter.

Originality/value

This study may explore significantly the use of beneficial right for the issuance of sovereign ṣukūk by the Government of Indonesia. Specifically, the study reveals and addresses the issues that are following the ratification of beneficial rights originated from the common law system into the Indonesian civil law system.

Details

International Journal of Law and Management, vol. 65 no. 6
Type: Research Article
ISSN: 1754-243X

Keywords

Book part
Publication date: 27 November 2023

Bahaudin G. Mujtaba, Frank J. Cavico and Tipakorn Senathip

Appearance is part of a person's non-verbal communication, and looks are often associated with the perceived ‘attractiveness’ of individuals for hiring practices in the workplace…

Abstract

Appearance is part of a person's non-verbal communication, and looks are often associated with the perceived ‘attractiveness’ of individuals for hiring practices in the workplace. As such, physical attractiveness can be a ‘prized possession’ when it comes to leaving a positive impression on managers who are interviewing candidates. In the twenty-first century environment, our society seems to be more obsessed with physical appearance than ever before because society has conditioned us to associate beauty with other favourable characteristics. Of course, such appearance norms, regarding attractiveness, ‘good looks’ and beauty are linked to years of socialisation in culture, cultural norms and materialistic personality standards.

In a business context, managers and employers often make hiring decisions based on the appearance and attractiveness of the job applicants since outward appearance seems to play a significant role in which candidates eventually might get the job. Physically attractive job applicants and candidates tend to benefit from the unearned privilege, which often comes at a cost to others who are equally qualified. Preferring employees who are deemed to be attractive, and consequently discriminating against those who are perceived as unattractive, can present legal and ethical challenges for employers and managers. In this chapter, we provide a discussion and reflection of appearance-based hiring practices in the United States with relevant legal, ethical and practical implications for employers, human resources professionals and managers. We focus on ‘lookism’ or appearance discrimination, which is discrimination in favour of people who are physically attractive. As such, we examine federal, state and local laws regarding appearance discrimination in the American workplace. We also offer sustainable policy recommendations for employers, HR professionals and managers on how they can be fair to all candidates in order to hire, promote and retain the most qualified professionals in their departments and organisations.

Details

The Emerald Handbook of Appearance in the Workplace
Type: Book
ISBN: 978-1-80071-174-7

Keywords

Book part
Publication date: 2 May 2024

Amanuel Elias

Abstract

Details

Racism and Anti-Racism Today
Type: Book
ISBN: 978-1-83753-512-5

Article
Publication date: 25 July 2023

Smith Oduro-Marfo

The proliferation of surveillance-enhancing laws, policies and technologies across African countries deepens the risk of privacy rights breaches, as well as the risks of adverse…

Abstract

Purpose

The proliferation of surveillance-enhancing laws, policies and technologies across African countries deepens the risk of privacy rights breaches, as well as the risks of adverse profiling and social sorting. There is a heightened need for dedicated advocacy and activism to consistently demand accountability and transparency from African states, governments and their allies regarding surveillance. The purpose of this paper is to understand the issue frames that accompany anti-surveillance and privacy advocacy in Ghana and the related implications.

Design/methodology/approach

Using a qualitative and interpretivist approach, the author focuses on three different surveillance-oriented incidents/programs in Ghana and analyzes the frames underpinning the related advocacy and narratives of various non-state actors.

Findings

Privacy and anti-surveillance advocacy in Ghana tends to be less framed in the context of privacy rights and is more driven by concerns about corruption and value for money. Such pecuniary emphasis is rational per issue salience calculations as it elevates principles of economic probity, transparency and accountability and pursues a high public shock value and resonance.

Practical implications

Economics-centered critiques of surveillance could be counterproductive as they create a low bar for surveillance promoters and sustains a culture of permissible statist intrusions into citizens’ lives once economic virtues are satisfied.

Originality/value

While anti-surveillance and privacy advocacy is budding across African countries, little is known about its nature, frames and modus compared to such advocacy in European and North American settings. To the best of the author’s knowledge, this is likely the first paper or one of the first dedicated fully to anti-surveillance and advocacy in Africa.

Details

Journal of Information, Communication and Ethics in Society, vol. 21 no. 4
Type: Research Article
ISSN: 1477-996X

Keywords

Open Access
Article
Publication date: 11 June 2021

Ben Odigbo, Felix Eze, Rose Odigbo and Joshua Kajang

Background: This work is a situation analysis of reported human rights abuses that have characterized the COVID-19 controls and lockdown in some countries of the world. This is as…

Abstract

Background: This work is a situation analysis of reported human rights abuses that have characterized the COVID-19 controls and lockdown in some countries of the world. This is as documented by reliable mass media sources, relevant international organizations and human rights non-governmental organizations between January 2020 to April 2020.

Methods: A combined content analysis, critical analysis, and doctrinal method is applied in this study in line with the reproducible research process. It is a secondary-data-based situation analysis study, conducted through a qualitative research approach.

Findings: The findings revealed among other things that: COVID-19 lockdowns and curfews' enforcement by law enforcement officers contravened some people's fundamental human rights within the first month. Security forces employed overt and immoderate forces to implement the orders. The lockdown and curfew enforcements were not significantly respectful of human life and human dignity. The COVID-19 emergency declarations in some countries were discriminatory against minorities and vulnerable groups in some countries.

Research limitations/implications: This report is based on data from investigative journalism and opinions of the United Nations and international human rights organizations, and not on police investigations or reports. The implication of the study is that if social marketing orientations and risk communication and community engagement attitudes were given to the law enforcement officers implementing the COVID-19 lockdowns and or curfews, the human rights and humanitarian rights breaches witnessed would have been avoided or drastically minimized.

Originality: The originality of this review is that it is the first to undertake a situation analysis of the COVID-19 lockdowns and curfews human rights abuses in some countries. The study portrayed the poor level of social marketing orientations and risk communication and community engagement attitudes amongst law enforcement officers, culminating in the frosty police-public relationships.

Details

Emerald Open Research, vol. 1 no. 4
Type: Research Article
ISSN: 2631-3952

Keywords

Book part
Publication date: 14 December 2023

Katie Wright and Julie McLeod

This opening chapter of the edited volume, Childhood, Youth and Activism: Demands for Rights and Justice from Young People and Their Advocates, explores activism and advocacy – by…

Abstract

This opening chapter of the edited volume, Childhood, Youth and Activism: Demands for Rights and Justice from Young People and Their Advocates, explores activism and advocacy – by and for children and young people. It begins by considering how activism has been understood in the scholarly literature, before making a case for a broad and inclusive conceptualisation of what counts as this particular form of social action. Relatedly, it examines the contours of the relationship between activism and advocacy, drawing attention to the ways in which these concepts converge, an issue that is particularly salient when applied to the categories of child and youth. Themes that emerge in research on child and youth activism are then drawn out and we identify some of the key issues that animate this work across various disciplines. These include observations that young people have long been central to social movements, the role of social media in youth activism, the nature of child and adult relationships in social movement organisations, and some of the issues that arise for young activists in relation to intersectional identities. To this we add debates regarding the politics of recognition, questions of voice and agency, and responsibility and their temporal registers. This discussion also foreshadows themes that emerge in the chapters across this volume. Finally, we offer a reflection on some of the conceptual issues raised when considering the book in its entirety, including those of voice, responsibility for the future, the politics of possibility and hope, and the many different forms and practices that activism and advocacy for and by young people take.

Details

Childhood, Youth and Activism: Demands for Rights and Justice from Young People and their Advocates
Type: Book
ISBN: 978-1-80117-469-5

Keywords

Open Access
Book part
Publication date: 14 December 2023

Lorenz Holler

Family constitutions are relatively new to the law of family companies, although there might have been forerunners in the history of entrepreneur families. The practical…

Abstract

Family constitutions are relatively new to the law of family companies, although there might have been forerunners in the history of entrepreneur families. The practical importance and the proliferation of family constitutions in German family companies are increasing, along with the discussion of family constitutions in legal literature. This new instrument of family governance is not law driven but business driven, it has been designed by business advisors. Its analysis and classification are still at the very beginning in academic research and practice. Even though family constitutions are generally deemed to be without any legal effect and not legally binding, from a legal point of view, this assumption is at least highly questionable.

Book part
Publication date: 25 October 2023

Anita Lukenda

Today's structure of Bosnia and Herzegovina was established in 1995 following the signing of the Dayton Peace Agreement in Paris. According to its Constitution, the Annex 4 of the…

Abstract

Today's structure of Bosnia and Herzegovina was established in 1995 following the signing of the Dayton Peace Agreement in Paris. According to its Constitution, the Annex 4 of the Dayton Peace Agreement, Bosnia and Herzegovina is a decentralized state consisting of two entities (the Republika Srpska and the Federation of Bosnia and Herzegovina) and the Brčko District, three constituent peoples Bosniaks, Croats and Serbs and the Others as well as all other citizens in Bosnia and Herzegovina. The term ‘Others’ refers mainly to the national minorities and in total, there are 17 different national minorities in Bosnia and Herzegovina. The Federation comprises 10 cantons, all of which have legislative, executive and judiciary powers.

Relevant governmental and non-governmental agencies and bodies, as well as different international organizations in Bosnia and Herzegovina, agree that Roma, as the largest national minority, has been living in the worst socio-economic situation compared to all other national minorities. This is especially the case in housing, employment, health care and, in particular, education.

Bosnia and Herzegovina signed relevant international documents to protect the rights of national minorities and adopted relevant laws on the protection of national minorities. Furthermore, since the state has ambitions to become a member of the European Union, it accepted the Declaration of the Western Balkans Partners on Roma integration within the EU enlargement process and plans and activities have been initiated to improve the overall situation of Roma, particularly in the area of education.

Details

Lifelong Learning and the Roma Minority in the Western Balkans
Type: Book
ISBN: 978-1-80382-522-9

Keywords

Book part
Publication date: 25 October 2023

Andrea Óhidy and Katalin R. Forray

This introduction from Andrea Óhidy and Katalin R. Forray provides a brief overview of the social and educational situation of Roma in the Western Balkan region and the structure…

Abstract

This introduction from Andrea Óhidy and Katalin R. Forray provides a brief overview of the social and educational situation of Roma in the Western Balkan region and the structure of this book. Like in the books Lifelong Learning and the Roma Minority in Central and Eastern Europe (2019) and Lifelong Learning and the Roma Minority in Western and Southern Europe (2020), Roma are here described as a ‘hidden minority’ (Cavioni, 2020, p. 68), because despite the great number and the century-long history of Roma people on the European continent, there is still only limited information and knowledge about them, both in public awareness and scientific research. Although most members of the Roma minority have been living for centuries in their European home countries, their situation is still different from the non-Roma populations: They often suffer from socio-economic disadvantages and hate-motivated harassment and discrimination (EU-FRA, 2020a). This is not only the case in the member-states of the European Union but also in the Western Balkan region. All across Europe, there are Roma groups, which are considered to be the most disadvantaged minority, regarding their health, employment and housing and also in education. To increase their situation, European Union member states have developed common strategies, which play a part in negotiations for an EU-membership status. The so-called Western Balkan states – Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia and Serbia – might join the European Union in the coming years. The social inclusion of the Roma minority and the protection of their minority rights in these countries were formulated as a precondition for their application for EU membership. Therefore, several goals, policies and measures were implemented there to break the ‘vicious circle of poverty and discrimination’ (EU-FRA, 2020b). Participation in education and lifelong learning have become central elements of these political measures for Roma Inclusion. This book examines the education situation of Roma across the so-called Western Balkan region.

Details

Lifelong Learning and the Roma Minority in the Western Balkans
Type: Book
ISBN: 978-1-80382-522-9

Keywords

Book part
Publication date: 2 May 2024

Amanuel Elias

This chapter traces the origin of racism and reviews the historical and contemporary debates around race and racialisation in western thought. There are persistent disagreements…

Abstract

This chapter traces the origin of racism and reviews the historical and contemporary debates around race and racialisation in western thought. There are persistent disagreements surrounding the origin and nature of racism. Because of the evolution of racist ideas, behaviours and institutional practices and policies, there are various views about the meaning and analytical application of racism. This chapter explores how ideas of race – understood as innate and immutable human differences that can be classified and ranked hierarchically based on race – has emerged in western history and evolved over time. It examines how this has influenced social and political practices and associated policies across the evolution of modernity. The chapter specifically discusses the Atlantic slave trade and how it shaped the historical development of race and racism within the context of colonialism. It concludes with a discussion and critical review of some of the racist systems and policies which have been enforced across different multiracial countries.

Details

Racism and Anti-Racism Today
Type: Book
ISBN: 978-1-83753-512-5

Keywords

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