Chapter 9: The Elusive Concept of Protection of Civilians: MINURCAT

Author(s):  
John Karlsrud ◽  
Diana Felix da Costa
Keyword(s):  
Author(s):  
Christel Marais ◽  
Christo Van Wyk

South Africa is heralded as a global ambassador for the rights of domestic workers. Empowerment, however, remains an elusive concept within the sector. Fear-based disempowerment still characterises the employment relationship, resulting in an absence of an employee voice. The dire need to survive renders this sector silent. This article explores the role that legislative awareness can play in the everyday lives of domestic workers. By means of a post-positive, forwardlooking positive psychological and phenomenological research design the researchers sought to access the voiced experiences of domestic workers within their employment context. Consequently, purposive, respondent-driven selfsampling knowledgeable participants were recruited. In-depth interviewing generated the data. The distinct voice of each participant was noted during an open inductive approach to data analysis. Findings indicated that empowerment was an unknown construct for all participants. They lacked the confidence to engage their employers on employment issues. Nevertheless, domestic workers should embrace ownership and endeavour to empower themselves. This would sanction their right to assert their expectations of employment standards with confidence and use the judicial system to bring about compliant actions. The article concludes with the notion that legislative awareness could result in empowered actions though informed employee voices.


Author(s):  
Wouter Vandenhole ◽  
Gamze Erdem Türkelli

The best interests of the child principle is considered a pillar of children’s rights law and, according to the UN Convention on the Rights of the Child (CRC), is to be a primary consideration in all actions concerning children. Yet best interests is an elusive concept and principle that has no single authoritative definition or description. Internationally and domestically relevant in such diverse areas as family law, adoption, migration, and socioeconomic policymaking, the best interests principle requires flexibility and is best served by a case-by-case approach, as has been recognized by the UN Committee on the Rights of the Child and the European Court of Human Rights. This chapter analyzes relevant international case law and suggests the use of a number of safeguards to prevent such requisite flexibility from presenting a danger of paternalism, bias, or misuse.


Author(s):  
Zahi Zalloua

Curiosity for Montaigne is an elusive concept. As a Renaissance author, Montaigne inherits a long and multifaceted critical discourse on the question of curiosity. His reflections on this religiously and philosophically loaded term require careful assessment. This chapter first contextualizes Montaigne’s attitude toward curiosity by looking briefly at the mixed reception of curiosity in ancient and medieval discourses before turning to how early modern figures conceived of curiosity as, in large part, a danger to humanist, religious, and/or philosophical ideals of the period. It will then turn to Montaigne’s musings on curiosity, showing how his essaying, or essayistic doing, puts the author paradoxically at odds with his own dismissive remarks, or constative description, of curiosity. The essay form—a form that illustrates and enacts a curious will or “spirited mind”—will also be considered in the discussion of Montaigne’s transvaluation of curiosity.


2021 ◽  
Vol 11 (2) ◽  
pp. 58
Author(s):  
Lars Fuglsang ◽  
Anne Vorre Hansen ◽  
Ines Mergel ◽  
Maria Taivalsaari Røhnebæk

The public administration literature and adjacent fields have devoted increasing attention to living labs as environments and structures enabling the co-creation of public sector innovation. However, living labs remain a somewhat elusive concept and phenomenon, and there is a lack of understanding of its versatile nature. To gain a deeper understanding of the multiple dimensions of living labs, this article provides a review assessing how the environments, methods and outcomes of living labs are addressed in the extant research literature. The findings are drawn together in a model synthesizing how living labs link to public sector innovation, followed by an outline of knowledge gaps and future research avenues.


2021 ◽  
pp. HumanCaring-D-20-00022
Author(s):  
Kathleen Neville ◽  
Kimberly Conway ◽  
Joyce Maglione ◽  
Katherine A. Connolly ◽  
Marie Foley ◽  
...  

Despite the abundance of servant leadership literature, scholars recognize the need for a more precise conceptualization of the concept. Although the predominant literature emanates from organizational management and industry describing servant leadership as a theory, model, philosophy, or leadership style, less attention has focused on servant leadership in academia, and most notably in nursing. The purpose of this analysis is to clarify the concept of servant leadership and to provide further delineation of this highly relevant, but elusive concept in nursing. Findings of this concept analysis identify a linkage among servant leadership characteristics, caring theories, and the profession of nursing.


2021 ◽  
Vol 30 (2) ◽  
pp. 53-84
Author(s):  
Joshua Sealy-Harrington

A clear legal test for equality is impossible, as it should be. Indeed were the test clear, it could not be for equality. It would have to be for something other than equality — in effect, for inequality. The abstract character of equality is not a new idea. In fact, the Supreme Court of Canada’s first decision under section 15 of the Canadian Charter of Rights and Freedoms1 recognized equality as “an elusive concept” that “lacks precise definition.”2 Why, then, do judges continue to demand such definition over thirty years later? The answer, at times, is politics. 1 s 15(1), Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 [Charter].2 Andrews v Law Society of British Columbia, [1989] 1 SCR 143 at 164, 56 DLR (4th) 1 [Andrews].


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