scholarly journals Werknemers as Lasgewende Ouers in Surrogasie-Aangeleenthede: Die Geboorte van nuwe Verlof-behoeftes in Suid-Afrika

2017 ◽  
Vol 20 ◽  
pp. 1
Author(s):  
Anri Botes ◽  
Laetitia Fourie
Keyword(s):  
Information Technology ◽  
Parental Leave ◽  
The Other ◽  
Best Interests ◽  
Family Responsibility ◽  
State Information ◽  
The United Kingdom ◽  
Parental Obligations ◽  
Labour Legislation ◽  
Conditions Of Employment

Commissioning parents in terms of a surrogacy agreement have the same parental obligations as traditional parents towards their child. However, since the legitimising of surrogacy in terms of the Children’s Act in 2005, no provision has been made to accommodate the need for leave from work for commissioning parents in order to fulfil their obligations in this regard. The only form of recourse available to commissioning parents may be found in section 27 of the Basic Conditions of Employment Act (BCEA) which provides for family responsibility leave of three days. It is submitted that this is insufficient. In the matter of MIA v State Information Technology Agency, it was mentioned in passing that amendments to current labour legislation are necessary to address the lacunae in this respect. As was seen in this matter, the absence of legislative provisions regarding relevant leave will likely give rise to claims of discrimination based on various grounds. The Labour Laws Amendment Bill 2015 has since proposed amendments to the BCEA regarding, amongst others, leave for surrogacy matters. It currently proposes ten weeks commissioning parental leave to be available to one commissioning parent and ten days ordinary parental leave to the other, to be taken from the date of birth. Although the Bill is welcomed, various concerns pertaining to the duration and management of the various types of leave can be identified that need urgent address, particularly as far as the best interests of the child is concerned. The latest developments in the United Kingdom in relation to the above matter provides that its legal system serves as a worthy comparator to provide guidance as to how the Bill may be improved in order to protect all the relevant parties to a surrogacy agreement, as well as the child born in terms thereof.

scholarly journals Creating multi-vendor solutions: the resources and capabilities required

2014 ◽  
Vol 29 (2) ◽  
pp. 132-142 ◽  
Author(s):  
Chris Owen Raddats ◽  
Jamie Burton
Keyword(s):  
Information Technology ◽  
Design Methodology ◽  
The Other ◽  
Best Interests ◽  
Content Type ◽  
Resources And Capabilities ◽  
Technical Capability ◽  
Solution Specification ◽  
Practical Implications ◽  
Case Design

Purpose – The purpose of this paper is to investigate the resources and capabilities required by manufacturers to develop and deliver multi-vendor solutions. Design/methodology/approach – A multi-case design comprising six UK-based manufacturers: two from each of the aerospace/defence, information technology and telecommunications sectors. Findings – Manufacturers can be characterized by their propensity to include products from other vendors in their solutions; single vendor solution providers (SVSPs) focus on solutions comprising their own products, while multi-vendor solution providers (MVSPs) fully embrace products from other manufacturers. Three capabilities were identified which distinguish MVSPs from SVSPs given the complexity of multi-vendor solutions (expertise specifying the solution, engineers trained in implementing/supporting the solution, partnerships with component suppliers of the solution). These capabilities are underpinned by both technical capability and impartiality in solution specification. Research limitations/implications – MVSPs need to be impartial when specifying customer solutions. They should be guided by the best interests of the customer rather than the interests of the product-based SBUs. Achieving impartiality can conflict with some manufacturers' product heritage. The research has focused on three sectors; further research is needed to test whether the findings are applicable beyond these sectors. Practical implications – Solutions are a valuable approach in creating market differentiation, although not all manufacturers will possess the resources/capabilities to be successful. Originality/value – A continuum of solution providers is proposed; SVSPs at one extreme and MVSPs at the other. The operant resource-based capability “impartiality” was identified as being particularly important to MVSPs in creating value for customers.

scholarly journals With and Without 'Best Interests': the Mental Capacity Act 2005, the Adults With Incapacity (Scotland) Act 2000 and constructing decisions

2016 ◽  
Vol 2016 (22) ◽  
pp. 17
Author(s):  
Alex Ruck Keene ◽  
Adrian D Ward
Keyword(s):  
Case Law ◽  
Mental Capacity ◽  
The Other ◽  
Best Interests ◽  
Persons With Disabilities ◽  
The United Kingdom ◽  
Mental Capacity Act 2005 ◽  
Legislative Framework ◽  
Mental Capacity Act ◽  
Made In

<p>This article compares the bases upon which actions are taken or decisions are made in relation to those considered to lack the material capacity in the Mental Capacity Act 2005 (‘MCA’) and the Adults with Incapacity (Scotland) Act 2000 (‘AWI’). Through a study of (1) the statutory provisions; and (2) the case-law decided under the two statutes, it addresses the question of whether the use of the term ‘best interests’ in the MCA and its – deliberate – absence from the AWI makes a material difference when comparing the two Acts. This question is of considerable importance when examining the compatibility of these legislative regimes in the United Kingdom with the Convention on the Rights of Persons with Disabilities (‘CRPD’).</p><p><br />The article is written by two practising lawyers, one a Scottish solicitor, and one an English barrister. Each has sought to cast a critical eye over the legislative framework on the other side of the border between their two jurisdictions as well as over the framework (and jurisprudence) in their own jurisdiction. Its comparative analysis is not one that has previously been attempted; it shows that both jurisdictions are on their own journeys, although not ones with quite the direction that might be anticipated from a plain reading of the respective statutes.</p>

DEVELOPING THE SCIENTIFIC MAGAZINE IN THE PERIOD OF THE FOURTH INDUSTRIAL REVOLUTION 4.0

2019 ◽  
Vol 8 (1) ◽  
Author(s):  
Nguyen Duy Dung
Keyword(s):  
Artificial Intelligence ◽  
Information Technology ◽  
Industrial Revolution ◽  
Scientific Journal ◽  
Publishing Research ◽  
The Other ◽  
High Tech ◽  
Fourth Industrial Revolution ◽  
Socio Economic Development ◽  
International Scientific Journal

Characteristics of the industrial revolution 4.0 is the wide application of high-tech achievements, especially information technology, digitalization, artificial intelligence, network connections for management to create sudden changes in socio-economic development of many countries. Therefore, to reach the high-tech time, many magazines in Vietnam have changed dramatically, striving to reach the international scientific journal system of ISI, Scopus. The publication of international standard scientific journal will meet the demand of publishing research results of local scientists, on the other hand contribute to strengthening exchange, cooperation, international integration in science and technology.

A PROPOSED EVALUATION PLAN TO ASSESS THE IMPACT OF A YOUTH DEVELOPMENT PROGRAMME FACILITATED BY THE STATE INFORMATION TECHNOLOGY AGENCY (SITA) IN RURAL SOUTH AFRICA

2017 ◽  
Vol 14 (1) ◽  
pp. 174-181
Author(s):  
Maura Mbunyuza-deHeer Menlah
Keyword(s):  
Information Technology ◽  
Youth Development ◽  
Rural Areas ◽  
Secondary Data ◽  
The State ◽  
State Information ◽  
Evaluation Plan ◽  
Lessons Learnt ◽  
Slow Development ◽  
The Impact

This article reports on a proposed evaluation plan that has been developed to assess the work done by the State Information Technology Agency (SITA). The SITA programme was implemented in response to the South African government’s call to improve the lives of the populations in some rural areas through technology. The programme was meant to address slow development in  rural  areas  that  lack  technological  innovations  and  advances.  In  the proposed evaluation plan a review is made of secondary data, deciding how strategic priorities are to be determined, as well as analysis of the rural context environment. The researcher gives an account of how the evaluation strategies are to be piloted and rolled out thereafter. Lessons learnt are recorded and reported upon. A proposed evaluation plan will be developed, based on the lessons learnt in line with the objectives of the project.

To Discriminate in Order to Fight Discrimination

2017 ◽  
Author(s):  
Dolores Morondo Taramundi
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
The Other ◽  
The United Kingdom ◽  
European Court ◽  
Main Technique ◽  
Antidiscrimination Law ◽  
The One ◽  
Paradoxical Results ◽  
Conflicts Of Rights

This chapter analyses arguments regarding conflicts of rights in the field of antidiscrimination law, which is a troublesome and less studied area of the growing literature on conflicts of rights. Through discussion of Ladele and McFarlane v. The United Kingdom, a case before the European Court of Human Rights, the chapter examines how the construction of this kind of controversy in terms of ‘competing rights’ or ‘conflicts of rights’ seems to produce paradoxical results. Assessment of these apparent difficulties leads the discussion in two different directions. On the one hand, some troubles come to light regarding the use of the conflict of rights frame itself in the field of antidiscrimination law, particularly in relation to the main technique (‘balancing of rights’) to solve them. On the other hand, some serious consequences of the conflict of rights frame on the development of the antidiscrimination theory of the ECtHR are unearthed.

scholarly journals The Limits of Arbitration Law in Addressing Cultural Diversity: The Example of Ismaili Arbitration in the United Kingdom

Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 47
Author(s):  
Sandrine Brachotte
Keyword(s):  
United Kingdom ◽  
Cultural Studies ◽  
Cultural Diversity ◽  
Supreme Court ◽  
Legal Pluralism ◽  
The Other ◽  
The United Kingdom ◽  
Arbitration Clause ◽  
The Supreme Court ◽  
Employment Equality

This article studies religious arbitration from the perspective of global legal pluralism, which embraces both normative plurality and cultural diversity. In this context, the article considers that UK arbitration law regulates both commercial and religious arbitration while relying on a monist conception of arbitration. It further identifies two intertwined issues regarding cultural diversity, which find their source in this monist conception. Firstly, through the study of Jivraj v. Hashwani ([2011] UKSC 40), this article shows that the governance of religious arbitration may generate a conflict between arbitration law and equality law, the avoidance of which can require sacrificing the objectives of one or the other branch of law. The Jivraj case concerned an Ismaili arbitration clause, requiring that all arbitrators be Ismaili—a clause valid under arbitration law but potentially not under employment-equality law. To avoid such conflict, the Supreme Court reduced the scope of employment-equality law, thereby excluding self-employed persons. Secondly, based on cultural studies of law, this article shows that the conception of arbitration underlying UK arbitration law is ill-suited to make sense of Ismaili arbitration. In view of these two issues, this article argues that UK arbitration law acknowledges normative multiplicity but fails to embrace the cultural diversity entangled therewith.

scholarly journals “System Conditions”, System Failure, Structural Racism and Anti-Racism in the United Kingdom: Evidence from Education and Beyond

Societies ◽  
2021 ◽  
Vol 11 (2) ◽  
pp. 42
Author(s):  
Paul Miller
Keyword(s):  
United Kingdom ◽  
Education Sector ◽  
The Other ◽  
System Failure ◽  
Structural Racism ◽  
The United Kingdom ◽  
Other Hand ◽  
Number Of Factors ◽  
The One

Racism in any society is fuelled by a number of factors, often acting independently of each other, or, at times, in concert with each other. On the one hand, anti-racism efforts rely on the alignment of four “system conditions” to stand a chance of successfully engaging and tackling racism. On the other hand, where these “system conditions” are not present, or where they are not in sync, this leads to “system failure”—a situation where racism is writ large in society and in the institutions therein, and where anti-racism efforts are severely hampered. Drawing on evidence from within the education sector and elsewhere in UK society, this paper examines how a lack of alignment between “system conditions” hampers antiracism efforts, and simultaneously reinforces racism in society and in institutions—leading to gridlock or “system failure” around anti-racism.

scholarly journals Ireland, Wales, and Scotland

2017 ◽  
Author(s):  
Stewart J. Brown
Keyword(s):  
United Kingdom ◽  
Significant Influence ◽  
Church Of England ◽  
The Other ◽  
Late Nineteenth Century ◽  
Oxford Movement ◽  
Church Of Scotland ◽  
Presbyterian Church ◽  
The United Kingdom ◽  
Late Nineteenth

In this chapter the author demonstrates that while the Oxford Movement was an English development, it also exercised a significant influence upon the other nations within the United Kingdom. In Ireland and Wales, where the established United Church of England and Ireland held the allegiance of only a minority of the population, small but influential groups of High Churchmen embraced Tractarian principles as a form of Church defence. In Scotland, Tractarian principles contributed to the modest revival of the small Scottish Episcopal Church, and also had unexpected consequences in promoting a Scoto-Catholic movement within the late nineteenth-century established Presbyterian Church of Scotland.

Multilingualism in Metropolitan London

English Today ◽  
2002 ◽  
Vol 18 (1) ◽  
pp. 17-24 ◽  
Author(s):  
Reinier Salverda
Keyword(s):  
Linguistic Diversity ◽  
The Other ◽  
Social Aspects ◽  
Common Language ◽  
Language Management ◽  
Tower Of Babel ◽  
The United Kingdom ◽  
The Social ◽  
University College London ◽  
The Common

A description and discussion of the vast linguistic diversity in the capital of the United Kingdom.LONDON today is an enormous Tower of Babel, where in addition to the common language, English, many other languages are spoken. On Tuesday 13 March 2001, as part of the Lunch Hour Lecture Series at University College London, Professor Reinier Salverda discussed the linguistic diversity of contemporary London, presenting recent data on the other languages spoken there, as well as focussing on the social aspects of this linguistic diversity, in particular issues of language policy and language management. The following is a slightly adapted version of that presentation.

scholarly journals The Interiority of Proximity Between Nature and Architecture in Contemporary and Tropically Context with Cases Studies

2019 ◽  
Vol 3 (2) ◽  
pp. 129-144
Author(s):  
Budi Pradono
Keyword(s):  
Information Technology ◽  
Case Studies ◽  
Temperature Difference ◽  
Air Conditioning ◽  
The Other ◽  
Asian Countries ◽  
Tropical Countries ◽  
Large Cities ◽  
Tropical Climates ◽  
The Relationship

The interiority of buildings in tropical countries requires specific characteristics unlike those in countries with four distinct seasons. Buildings in non-tropical climates must protect their inhabitants from extreme weather, meaning that the architecture’s connection with nature is necessarily limited by a boundary which can withstand extreme climatic differences. In tropical countries, on the other hand, the temperature does not fluctuate much throughout the year, so the temperature difference between seasons is not extreme. This characteristic is reflected in traditional Nusantara architecture, which incorporates a breathable wall so that free winds come in, reducing heat. The roof is tilted or saddled-shaped to keep rain water away from the building. The architecture uses organic materials and includes terraces for dialogue with nature. Modern Indonesian architecture, however, particularly in large cities, is mostly closed off, severely limiting the interaction with nature. Since the advent of air conditioning (AC) technology during the 1980’s, architecture has changed to seal the boundaries of the building. Advances in information technology such as Internet and smartphones have made for further changes to architecture in the area; some functional spaces are being discarded, while others are expanded. The relationship between architecture and nature is now constrained by impenetrable materials such as brick, concrete and glass, as opposed to the more traditional, permeable boundary. In contrast to this trend, modern Indonesian society is tempted to form a closer relationship with nature. This paper examines how a relationship between nature and the interior of buildings may be accommodated again, presenting some existing projects by several architects from Europe and Asian countries—including the authors’ own work—as case studies.

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