scholarly journals Community-Based Processes for Revitalizing Heritage: Questioning Justice in the Experimental Practice of Ecomuseums

2020 ◽  
Vol 12 (21) ◽  
pp. 9270
Author(s):  
Giusy Pappalardo
Keyword(s):  
Action Research ◽  
Cultural Heritage ◽  
Local Development ◽  
Research Process ◽  
Organizational Form ◽  
European Convention ◽  
Policy Recommendations ◽  
Community Based ◽  
The Past ◽  
The Right

Heritage is not only what societies inherit from the past: it is also an opportunity for practicing the principles of sustainability in the making of the future. A community-based approach is pivotal for generating long lasting processes aimed at revitalizing heritage. This assertion has been widely stated in several norms and conventions, such as the 2000 European Landscape Convention and the 2005 European Convention on the Value of Cultural Heritage for Society. Some practices aimed at revitalizing heritage with a community-based approach can be ascribed to the organizational form of the so-called ecomuseums, born in France in the 1970s and today spread worldwide. Ecomuseums soon became a tool for organizing community-based processes aimed at protecting and enhancing heritage in its various facets while promoting local development. However, not every existing ecomuseum is also able to grasp the opportunity of including disadvantaged persons and guaranteeing the right to heritage for all. This paper discusses the innovative elements and criticalities of ecomuseums, questioning how could they target heritage’s enhancement as well as justice simultaneously. This paper gains evidence from an ongoing action-research process and provides policy recommendations for EU southern regions that are now starting to experiment with the practice of ecomuseums, such as Sicily (IT).

Does the Injunction Gap Violate Implementers’ Fair Trial Rights Under the ECHR?

2020 ◽  
Author(s):  
Léon E Dijkman
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fair Trial ◽  
European Convention ◽  
The Past ◽  
European Court ◽  
The Subject ◽  
The Right ◽  
Federal Supreme ◽  
Validity Of A Patent

Abstract Germany is one of few jurisdictions with a bifurcated patent system, under which infringement and validity of a patent are established in separate proceedings. Because validity proceedings normally take longer to conclude, it can occur that remedies for infringement are imposed before a decision on the patent’s validity is available. This phenomenon is colloquially known as the ‘injunction gap’ and has been the subject of increasing criticism over the past years. In this article, I examine the injunction gap from the perspective of the right to a fair trial enshrined in Art. 6 of the European Convention on Human Rights. I find that the case law of the European Court of Human Rights interpreting this provision supports criticism of the injunction gap, because imposing infringement remedies with potentially far-reaching consequences before the validity of a patent has been established by a court of law arguably violates defendants’ right to be heard. Such reliance on the patent office’s grant decision is no longer warranted in the light of contemporary invalidation rates. I conclude that the proliferation of the injunction gap should be curbed by an approach to a stay of proceedings which is in line with the test for stays as formulated by Germany’s Federal Supreme Court. Under this test, courts should stay infringement proceedings until the Federal Patent Court or the EPO’s Board of Appeal have ruled on the validity of a patent whenever it is more likely than not that it will be invalidated.

scholarly journals Indigenous Geographies: Research as Reconciliation

2017 ◽  
Vol 8 (2) ◽  
Author(s):  
Cindy Smithers Graeme ◽  
Erik Mandawe
Keyword(s):  
First Nations ◽  
Narrative Analysis ◽  
Research Process ◽  
Policy Recommendations ◽  
Community Based ◽  
Working Together ◽  
Meaningful Relationships ◽  
Indigenous Geographies ◽  
Cultural Regeneration ◽  
Support Research

Employing a reflexive and co-constructed narrative analysis, this article explores our experiences as a non-Indigenous doctoral student and a First Nations research assistant working together within the context of a community-based participatory Indigenous geography research project. Our findings revealed that within the research process there were experiences of conflict, and opportunities to reflect upon our identity and create meaningful relationships. While these experiences contributed to an improved research process, at a broader level, we suggest that they also represented our personal stories of reconciliation. In this article, we share these stories, specifically as they relate to reconciliatory processes of re-education and cultural regeneration. We conclude by proposing several policy recommendations to support research as a pathway to reconciliation in Canada.

Community-Based Participatory Research

2013 ◽  
Author(s):  
Tracey Marie Barnett
Keyword(s):  
Action Research ◽  
Participatory Research ◽  
Community Based Participatory Research ◽  
Research Process ◽  
Collaborative Action Research ◽  
Participatory Action ◽  
Community Members ◽  
Community Based ◽  
Community Based Research ◽  
Partnership Approach

Community-based participatory research (CBPR) embraces a partnership approach to research that equitably involves community members, organizational representatives, social workers, and researchers in all aspects of the research process. CBPR begins with a research topic of importance to the community and has the aim of combining knowledge with action and achieving social change. It is community based in the sense that community members become part of the research team and researchers become engaged in the activities of the community. Community–researcher partnerships allow for a blending of values and expertise, promoting co-learning and capacity building among all partners, and integrating and achieving a balance between research and action for the mutual benefit of all partners. Various terms have been used to describe this research, including participatory action research (PAR), action research (AR), community based research (CBR), collaborative action research (CAR), anti-oppressive research, and feminist research.

scholarly journals Shifting Gears: Lessons Learnt From Critical, Collaborative, Self-Reflection on Community-Based Research

2021 ◽  
Vol 10 (1) ◽  
Author(s):  
Lulza Olim de Sousa ◽  
Emerentia Antoinette Hay ◽  
Schalk Petrus Raath ◽  
Aubrey Albertino Fransman ◽  
Barend Wilhelm Richter
Keyword(s):  
Climate Change ◽  
Action Research ◽  
Participatory Action Research ◽  
Teaching And Learning ◽  
Research Process ◽  
Participatory Action ◽  
Action Research Project ◽  
Community Based ◽  
Community Based Research ◽  
Self Reflection

This article reflects the learning of five researchers in higher education in South Africa who took part in a participatory action research project to educate teachers how to integrate climate change issues into their teaching and learning. It was the first time any of the researchers had used participatory action research. We are all from natural science backgrounds and now involved in education for sustainable development. We had been trained in more traditional, objective, and researcher-driven methodologies grounded in a positivist paradigm. The purpose of this article is to share our learning about the changes we had to make in our thinking and practices to align with a participatory paradigm. We used reflective diaries to record our journey through the action research cycles. A thematic analysis of our diaries was supplemented by recorded discussions between the researchers. The analysis revealed that, while it was challenging to begin thinking in a different paradigm, we came to appreciate the value of the action research process that enabled teachers to integrate climate change issues into their teaching in a participatory way. We also concluded that we require more development to be able to conduct participatory research in a manner true to its values and principles. The conclusions we came to through our collaborative reflections may be of value to other researchers from similar scientific backgrounds who wish to learn what shifts in paradigm, methods, and processes are needed to be able to conduct community-based research in a participatory way.

scholarly journals The Protection of Human Rights in Post-Communist Albania

2016 ◽  
Vol 7 (1) ◽  
pp. 63
Author(s):  
Meljana Bregu
Keyword(s):  
Human Rights ◽  
Criminal Code ◽  
Fair Trial ◽  
European Convention ◽  
Communist Regime ◽  
Political Rights ◽  
Revolutionary Movement ◽  
The Past ◽  
Protection Of Human Rights ◽  
The Right

Albania was one of the most isolated countries in Europe for nearly 45 years. During the communist era, the legal system was under the direct control of the Party of Labor. The protection of human rights in the first years of the communist regime was clearly shaped on the soviet principles. The criminal code of Albania was the symbol of a repressive system, regardless of human rights protection, crimes punishable by death were sanctioned by various articles, including “agitation and propaganda against the state” and ‘activities against the revolutionary movement of the working class”. Hoxha also closed the Ministry of Justice and banned the private practice of law as a consequence the right to a fair trial was denied. After the fall of communism Albania has made significant progress toward respect for civil and political rights, especially toward the right to a fair trial. The constitution of 1998 protects the right to a fair trial in chapter two and one important step is the ratification of the European Convention on Human Rights in 1996, which guarantee the right to a fair trial in article six. Still, 25 years of transformation are not enough to wipe away the legacy of the past; the lack of human rights mechanisms poses a serious challenge to the Albanian democratic system. Still today Albania faces important issues concerning the protection of human rights generally and particularly the right to a fair trial. This fact is evident if we refer to the cases of the European Court of human rights versus Albania dealing with the application of article 6 of the Convention.The paper aims to address the protection of human rights after the demise of the communist regime, especially regarding the right to a fair trail, analyzing the progress but also the continuity in some aspects with the past.

scholarly journals Ethical Issues in Conducting Community-Based Participatory Research: A Narrative Review of the Literature

2018 ◽  
Author(s):  
Crystal Kwan ◽  
Christine Walsh
Keyword(s):  
Action Research ◽  
Participatory Research ◽  
Social Action ◽  
Ethical Issues ◽  
Community Based Participatory Research ◽  
Research Process ◽  
Narrative Review ◽  
Institutional Review Boards ◽  
Review Of The Literature ◽  
Community Based

Community-based participatory research (CBPR) is a methodology increasingly used within the social sciences. CBPR is an umbrella term that encompasses a variety of research methodologies, including participatory research, participatory action research, feminist participatory research, action research, and collaborative inquiry. At its core, they share five key attributes: (i) community as a unit of identity; (ii) an approach for the vulnerable and marginalized; (iii) collaboration and equal partnership throughout the entire research process; (iv) an emergent, flexible, and iterative process; and (v) the research process is geared toward social action. While there is no shortage of literature that highlights the benefits and potential of CBPR, relatively little discussion exists on the ethical issues associated with the methodology. In particular, current gaps within the literature include ethical guidance in (i) balancing community values, needs, and identity with those of the individual; (ii) negotiating power dynamics and relationships; (iii) working with stigmatized populations; (iv) negotiating conflicting ethical requirements and expectations from Institutional Review Boards (IRBs); and (v) facilitating social action emerging from the findings. For CBPR’s commendable goals and potential to be realized, it is necessary to have a more fulsome discussion of the ethical issues encountered while implementing a CBPR study. Further, a lack of awareness and critical reflection on such ethical considerations may perpetuate the very same problems this methodology seeks to address, namely, inequality, oppression, and marginalization. The purpose of this article is to provide a narrative review of the literature that identifies ethical issues that may arise from conducting CBPR studies, and the recommendations by researchers to mitigate such challenges.

Integrating Youth into Mainstream Community Development through Community-Based Planning

2018 ◽  
Vol 30 (2) ◽  
Author(s):  
Precious Tirivanhu ◽  
Christian Kudzai Mataruka ◽  
Takunda J. Chirau
Keyword(s):  
Community Development ◽  
Planning Process ◽  
Local Development ◽  
Local Level ◽  
Significant Proportion ◽  
Research Process ◽  
District Level ◽  
Community Based ◽  
Implementation Processes ◽  
Local Awareness

The youth constitute a significant proportion of Zimbabwe’s population. Despite their significance in numbers, they continue to be marginalised in mainstream planning, decision-making and implementation processes of local development interventions. This study explored the utilisation of community-based planning as a tool for integrating the youth into local development through an action research process. Two research questions are dealt with: what are the essential activities for implementing a youth-friendly community-based planning process? And, what are the impacts of engaging the youth in community-based planning? The results indicated that the key tenets of such a process include local awareness raising, district level engagement, local level institutional functionality assessment, community youth mapping, and intensive planning and community feedback meetings. Impacts of integrating youths into community-based planning include institutionalisation of youth-sensitive planning at district level, improved cohesion by the youth from various political divides, enthusiasm by youths in ensuring incorporation of youth-related issues in ward plans, and renewed vigour by the youth to participate in local development activities. The study recommends youth-sensitive community-based planning as an approach for mainstreaming the youth into community development programmes.

Israeli love and its implications for heritage and archeological sites In Hebron governorate

2018 ◽  
Vol 226 (2) ◽  
pp. 1-16
Author(s):  
Dr.. Sami Mohammed Alqam
Keyword(s):  
Cultural Heritage ◽  
Archaeological Sites ◽  
Historical Buildings ◽  
Historical Legacy ◽  
Heritage Sites ◽  
The Past ◽  
Military Orders ◽  
The Right ◽  
Israeli Occupation

     The heritage sites in Hebron Governorate in all its details represent a historical history connected to the past and the present, Reflecting the heritage of the Palestinian people and its originality and roots in its land, and gives a precise picture of the features of successive civilizations that ruled the region, However, this historical legacy is threatened by destruction due to the policy of the Israeli occupation authorities to confiscate, demolish or Judaize buildings so that the occupation authorities strive to loot the goods of the Palestinian people and obliterate, destroy or confiscate their cultural heritage, And all that indicates the right to his land and sanctities; in an attempt to falsify historical facts; As a result of this policy occurred Palestinian architecture in Hebron, As a component of the Palestinian culture in the range of targeting the occupation authorities; they have confiscated many of the Palestinian historical buildings, whether residential or religious or archaeological sites, issuing a series of military orders backed by the army and the Israeli police, and pasted biblical accounts of these buildings; As well as resorting to the policy of theft and forgery.

Hungary, Poland, and Romania

2020 ◽  
pp. 329-338
Author(s):  
Giacinto della Cananea
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Empirical Question ◽  
Administrative Procedure ◽  
Administrative Action ◽  
The Past ◽  
Procedural Code ◽  
Similar Solutions ◽  
The Right ◽  
Discretionary Powers

This chapter compares the respective answers of the Hungarian, Polish, and Romanian systems of administrative liability. It begins by noting that after 1989, all such countries modified their constitutions, which now regulate government liability in tort differently from the past. Not only do they admit government liability, but they also lay down general principles about it, although they variably construct the right to compensation. There are, instead, some relevant differences in their rules concerning administrative procedure. In particular, unlike Hungary and Poland, Romania has no such thing as a procedural code. However, the crucial empirical question is whether the same, or similar solutions are given to the issues raised by the hypothetical cases. Despite the fact that the European Convention on Human Rights influences the three legal systems, not always is the disregard of procedural constraints, such as prior notice and hearing, in itself sufficient to make administrative action unlawful and, thus, to give rise to liability. Sometimes, claimants fail to get redress for wrongful failures to grant licences or exercise a discretion in the issuing of general or individual orders. The reason is not only that administrative authorities enjoy discretionary powers, but also that sometimes the courts seem reluctant to abandon the idea that those who govern cannot be held liable.

scholarly journals Urban Regeneration Process: The Case of a Residential Complex in a Suburb of Rome, Italy

2019 ◽  
Vol 11 (21) ◽  
pp. 6122 ◽  
Author(s):  
Alessandra Battisti ◽  
Asia Barnocchi ◽  
Silvia Iorio
Keyword(s):  
Quantitative Analysis ◽  
Action Research ◽  
Social Inequalities ◽  
Local Population ◽  
Well Being ◽  
Research Process ◽  
Local Network ◽  
Community Based ◽  
Sustainable Solutions ◽  
Definition Of

With the aim of promoting biological, social and psychological well-being, a multi-institutional and multidisciplinary action-research process was developed for the regeneration of a large residential complex in Rome, Italy. A methodology with a community-based approach was adopted in a context where spatial segregation is intertwined with health and social inequalities. Methods: Through qualitative-quantitative analysis involving the active participation of the local population and institutions in every stage, an integrated survey model was developed in order to create proper communication between the needs of the population and sustainable solutions. Results: the implemented process allowed for clear planning of actions and interventions that could be economically sustainable through the structuring and development of a local network. Conclusions: the process involving the participation of the population in the analysis of their own problems and difficulties, as well as in the development of possible interventions and actions to be proposed, appears to be the only adequate approach that allows for the definition of mutual objectives based on the real needs of the end users.

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