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EUROPEAN JOURNAL OF SOCIAL SCIENCES

EDUCATION AND RESEARCH
May-August 2015
Volume 4, Nr.1
ISSN 2312-8429
EUSER
EUROPEAN CENTER FOR SCIENCE EDUCATION AND RESEARCH
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EUROPEAN JOURNAL OF SOCIAL SCIENCES EDUCATION AND RESEARCH
May-August 2015
Volume 4, Nr.1
ISSN 2312-8429
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Dr. Arumugam Raman, Malaysia
Prof. Dr. Ms. Jurate Baranova, Lithuania
Dr. Veton Halim Zejnullahi, Kosovo
Dr. Fatma Demiray, Turkey
Dr. Simona Maria Stanescu, Research Institute for Quality of Life, Romanian Academy, Romania
Assoc. Prof. Dr. Dilek Erduran Avcı, Mehmet Akif Ersoy University, Turkey
Assoc. Prof. Dr. Norsiah Binti Fauzan, Universiti Malaysia Sarawak, Malaysia
Dr. Sc. Rrustem Qehaja, Kosovo
Assoc. Prof. Dr. Bekim Fetaji, South East European University, Albania
Prof. Dr. Rodica Sirbu, Ovidius” University of Constanţa, Faculty of Pharmacy, Romania
Dr. Emin Alp Malkoç, Turkey
Assoc. Prof. Dr. Bahattin Aydinli, Education Faculty, Kastamonu University, Turkey
Dr. Sevim Yılmaz, Pamukkale University Turkiye
İffet Aksoy Tokgöz, Faculty of Education, Çanakkale Onsekiz Mart University, Turkey
Ticuţa Negreanu-Pîrjol, Ovidius” University of Constanţa, Romania

Executive Committe Members
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Dr. Iulian Stanescu,
ICCV, Romanian Academy
Mihaela I. Danetiu,
EUSER, European Center for Science Education and Research
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ISSN 2411-9563 (Print) European Journal of Social Sciences May-August 2015
ISSN 2312-8429 (Online) Education and Research Vol.4, Nr. 1
TABLE OF CONTENTS
ENTREPRENEURSHIP SKILLS ACQUISITION AND THE BENEFITS AMONGST THE UNDERGRADUATE

STUDENTS IN NIGERIA.............................................................................................................. 9
DR (MRS.) FLORENCE A. UNDIYAUNDEYE............................................................................................. 9
EKPUNGU ANSELM OTU ................................................................................................................... 9
MUSLIM FATHER’S RIGHTS IN DETERMINING HIS MINOR CHILD’S CONVERSION TO ISLAM IN
MALAYSIA.............................................................................................................................. 15
DR ZULIZA MOHD KUSRIN .............................................................................................................. 15
ASSOCIATE PROFESSOR DR SALASIAH HANIN HAMJAH .......................................................................... 15
ASSOCIATE PROFESSOR DR FARIZA MD SHAM ..................................................................................... 15
THE ADAPTATION TO THE COMMUNITY SYSTEM : PROBLEMS IN FIERI IN RECEIVING THE E.U.
DIRECTIVES AND REGULATIONS AND APPARENT PROBLEMS ABOUT LIMITATION OF
SOVEREIGNY - THE ALBANIA’S CASE ....................................................................................... 22
ANTONIO VITO PASQUALE BOCCIA.................................................................................................... 22
INSTRUMENTS FOR MEASURING THE INFLUENCE OF VISUAL PERSUASION: VALIDITY AND
RELIABILITY TESTS .................................................................................................................. 25
NURULHUDA IBRAHIM ................................................................................................................... 25
MOHD FAIRUZ SHIRATUDDIN ........................................................................................................... 25
KOK WAI WONG .......................................................................................................................... 25
INSTITUTIONAL WORK IN TOTAL INSTITUTIONS AND THE PERSPECTIVE OF THE PERSONS THAT
HAVE LIVED IN RESIDENTIAL TREATMENT INSTITUTIONS ........................................................ 38
MITJA KRAJNČAN .......................................................................................................................... 38
BOŠTJAN BAJŽELJ .......................................................................................................................... 38
GENDER EQUITY AT WORK AND THE ROLE OF THE LEGAL FACTORS IN ALBANIA ..................... 46
ALMA HOTI, PHD CAND. ................................................................................................................ 46
HUMAN RIGHTS AND NEGATIVE AND AFFIRMATIVE ASPECTS OF ENVIRONMENTAL JUSTICE .. 60
ABASI SARMADI MEHDI.................................................................................................................. 60
REZA ASADI KHOMAMI .................................................................................................................. 60
THE FRAGMENTATION OF THE ETHNIC SEGMENTS IN PLURAL SOCIETIES –THE MACEDONIAN
CASE ...................................................................................................................................... 67
DOC. DR. QASHIF BAKIU ................................................................................................................ 67
6
PROF. DR. YLBER SELA ................................................................................................................... 67

SHOULD A HUMAN RIGHT DISCOURSE BE APPLIED TO LABOUR STANDARDS? ........................ 75
MORTEZA SHIRZAD ....................................................................................................................... 75
SEDIGHE SOLTANI ......................................................................................................................... 75
IS URBAN SPACE ABLE TO AFFECT COMMUNITY PARTICIPATION? A RESEARCH PROPOSAL
BETWEEN URBAN SOCIOLOGY AND ENVIRONMENTAL PSYCHOLOGY ...................................... 81
LUCA BOTTINI, PHD CAND. ............................................................................................................. 81
THE ROLE OF DEVELOPMENT OF FARMERS' COOPERATIVES ................................................... 87
MA.SC.MEHDI PLLASHNIKU, PHD.CAND. ....................................................................................... 87
THE INDICES OF CREATIVE CITIES: THE GLOBAL AND LOCAL ASPECTS ...................................... 95
PROF. DR TOMAS KAČERAUSKAS ...................................................................................................... 95
PHILOSOPHY OF PEACE AS A DEVELOPMENTAL ALTERNATIVE OF SOCIETY ............................ 101
FERIT BAÇA ............................................................................................................................... 101
ANNULMENT OF ASSEMBLY JOINT STOCK COMPANY DECISIONS - THEORY, LEGISLATION AND
PRACTICE IN THE REPUBLIC OF KOSOVO ............................................................................... 106
KEMAJL ADEMAJ, PHD. CAND. ...................................................................................................... 106
LEGAL POSITION - INTERNATIONAL RECOGNITION OF KOSOVO AND THE RIGHT TO "SELF-
DETERMINATION"................................................................................................................ 112
ELTON MUSA ............................................................................................................................. 112
ALDO SHKEMBI........................................................................................................................... 112
A CURRENT OVERVIEW OF THE ANATOLIAN BATHROOM CULTURE AND EQUIPMENT IN TERMS
OF DESIGN ........................................................................................................................... 120
SELAHATTIN PEKŞEN .................................................................................................................. 120
THE ALBANIAN-GREEK RELATIONS FOLLOWING THE SEA BORDER ISSUE ............................... 138
DORINA NDOJ ............................................................................................................................ 138
REDISCOVERING NATIONALISM ........................................................................................... 142
VENERA LLUNJI ........................................................................................................................... 142
THE RELIGIOUS CULTS OF THE ALBANIAN FAITH DURING THE EARLY 20TH CENTURY .............. 147
DR. BENITA STAVRE..................................................................................................................... 147
7
DR. ERINDA PAPA ....................................................................................................................... 147

ALBANIA, A WONDERFUL EXAMPLE OF COEXISTENCE AND RELIGIOUS TOLERANCE .............. 153
EVALDA JERA ............................................................................................................................. 153
ALBANIAN UNIVERSITIES AND E - LEARNING ........................................................................ 157
LUAN BEKTESHI, PHD CAND. ......................................................................................................... 157
RELATIONSHIP BETWEEN PHYSICAL BULLYING AND AGE IN ALBANIAN TEENAGERS .............. 166
DR. LETICJA PAPA-GUSHO ......................................................................................................... 166
VYGOTSKY THEORY ON SOCIAL INTERACTION AND ITS INFLUENCE ON THE DEVELOPMENT OF
PRE-SCHOOL CHILDREN ........................................................................................................ 172
DR. MARTA TOPÇIU .................................................................................................................... 172
DR. JOHANA MYFTIU ................................................................................................................... 172
ABA BASED INTERVENTION IMPLEMENTED BY A MOTHER OF A CHILD WITH ASD ................. 180
MIGEN SULAJ ............................................................................................................................. 180
ALBANIAN TEACHERS’ APPROACHES TO CLASSROOM MANAGEMENT .................................. 186
NIHAT AKSU PHD CAND. .............................................................................................................. 186
SOCIAL MEDIA AS A NEW FORM OF PUBLIC SPHERE ............................................................. 195
ERLIS ÇELA, PHD. CAND. .............................................................................................................. 195
CHALLENGES OF SELF-MANAGEMENT TECHNIQUES IN PROVIDING BETTER CLASSROOM

SETTINGS ............................................................................................................................. 201
SADULLAH YILMAZ ...................................................................................................................... 201
STUDENTS’ EDUCATIONAL AND OCCUPATIONAL ASPIRATIONS PREDICTED BY PARENTS’ AND
ADOLESCENTS’ CHARACTERISTICS ........................................................................................ 207
ANA UKA ................................................................................................................................. 207
8
Entrepreneurship Skills Acquisition and the Benefits amongst the Undergraduate Students
in Nigeria
Dr (Mrs.) Florence A. Undiyaundeye

Department of Eccde, Federal College of Education, Obudu
undiyaundeyeflorence@gmail.com
Phone: No. +234 805 742 2724/+234 806 412 7750
Ekpungu Anselm Otu

Dept Og Gse, Fce Obudu
Abstract
There is this colonial mentality among the first generation graduates in Nigeria where there has been a craze for white collar
office work alone. In recent times, the Nigeria graduates have faced a lot of frustrations from lack of achieving the white collar
job so to speak. This paper is advocating the adoption of re-positioning the economic development and entrepreneurial drive
for job creation, wealth creation and global competitiveness of Nigeria youths and graduates. The basic truce of this paper is
to enhance a match between theory and practice as facilitated by research and development centers in the Nigerian universities
to serve as a technology laboratory and incubate entrepreneurship skills. The entrepreneurship education as a compulsory
course in some Nigerian university system is actually viewed as a means to empower the youths through entrepreneurship
education. The paper critically looked at the role of entrepreneurship education. The purpose is to equip the individual and
create the mindset to undertake the risk of venturing into applying the knowledge and skills gotten from school. Other issues
like the provision of individuals with enough training to enable creativity and innovation relevant to skill acquisition to encourage
self-employment and self-reliant were x-rayed. Some techniques like industrial training exercise, workshop and seminar,
excursion as a vehicle in the youth empowerment and eradication of poverty and extreme hardship were mentioned.
Challenges like inadequate funding, lack of training personnel and men availability of equipment were identified as issues
facing entrepreneurship education. Recommendations like entrepreneurial base curriculum at all levels of education, provision
of enabling environment for entrepreneurial development required for economic advancement and youth empowerment should
be the key focus in Nigeria for youths and graduates from various tertiary schools as applicable.
Keywords: Skill acquisition, poverty eradication, youth empowerment, entrepreneurship education and graduate job challenges.
Introduction
It is common knowledge that about 80% of graduates in most Nigerian universities find it hard to get employment every
year. This is largely due to the curricula of the universities and other tertiary schools with emphasis on training for white-
collar jobs. Nigeria has an estimated population of 170 million people (NBS, 2004 and Ojo, Abayomi & Odozi, 2014). This
population is endowed with abundant human and natural resources and a favourable geographical location in the world
map. The current global financial crisis has impacted negatively on the macro and micro levels of the Nigerian economy.
In the present, this situation has posed serious challenges and threats to government and a great number of the citizens.
Nigeria like other developing countries is faced with a number of problems ranging from youth and graduate unemployment,
high level of poverty, insurgency, conflict and diseases, insincerity, over dependency on foreign made goods, low economic
growth and development, lack of capacity and required skills to move the economy forward and urbanization.
Unemployment has become a major problem bedeviling the lives of youths and graduates causing frustration, depression,
dejection and dependency on family members and friends. The high level of unemployment among this population in Nigeria
has contributed to the high rate of insecurity, violence in elections and poverty (Ajufo, 2003 & Simkovic 2012). The National
Population Commission (2013), Ojo, Abayomi & Odozi (2014) and Awogbenle and Iwamadi (2010) are of the view that sixty
four (64) million of the Nigeria youths are unemployed while one million six hundred thousand (1.6million) are
9
underemployed bringing the total of youths population to eighty (80) million representing youth population. When this
percentage is deducted from the total population of Nigeria then you would agree with me that repositioning
entrepreneurship education in our schools would salvage this gap as it were against the white collar job ambitions,.
One of the possible causes for this lack is that the education in Nigeria addresses only output end of capacity development
solving problem. In addressing the input and therefore, a complimentary approach is needed. In developed economies or
industrialized economies for instance, the education system emphasizes the trail of inquiry-discovery application in teaching
and students to perceive problems (including societal problems) as challenges and opportunities that can be turned into
goods and services of commercial value (Adejimola & Olufumilayo, 2009, Giwa 2000, and Adeyemi 2006). One of the
approaches to achieve the contending in Nigeria is teaching and research at entrepreneurship and innovation centres by
universities and other tertiary institutions and the promotion of universities-private sector collaboration. This should involve
developing the capacity of staff and students in entrepreneurship and innovation, engaging in outreach activities with small
and medium enterprises through such interventions as business incubators. Training entrepreneurs and conducting
research and consultancies are inevitable as it pertains to entrepreneurial, industrial and economic growth in Nigeria.
The Concept of Entrepreneurship Education

The entrepreneurship education refers to many things to variation of people as applicable to their values and observations
of what it means to them. Nwabuama (2004) sees entrepreneurship education as the identification of the general
characteristics of entrepreneurs and how potential entrepreneurs can be trained in management techniques needed for
effective performance of persons for long time service of an organization after the acquisition of occupational skills. For
Ebele (2008), entrepreneurship education is the teaching of knowledge and a skill that enables the students to plan, start
and run their own business. In the view of Olawolu and Kaegon (2012), entrepreneurship education prepares youths to be
responsible and entering individuals who become entrepreneurial thinkers by exposing them to real life learning
experiences where they will be required to think, take risks, manage circumstances and incidentally learn from the outcome.
Okereke and Okorafor (2011) assert that entrepreneurship education is a potent and viable tool for self-empowerment, job
and wealth creation. Entrepreneurship education entrails teaching students, learners and would-be business men,
equipping the trainees with skills needed for teaching responsibility and developing initiatives of prospective trainees
(Ezeani, 2012). Entrepreneurship education entails philosophy of self reliance such as creating a new cultural and
productive environment promoting new sets of attitudes and culture for the attainment of future challenges (Ogundele,
Akingbade and Akinlabi, 2012).
Entrepreneurship education is the type of education which has the ability to impact on the growth and development of an
enterprise through technical and vocational training. Actually entrepreneurship education has its peculiar learning and
teaching approaches. Solomon (2007), highlighted entrepreneurship education teaching approaches to include business
then writing, lecture by professionals, case studies, chose programme supervision and experimental learning, visit of
experts on site. Above all the approaches of teaching and learning entrepreneurship education mentioned above, the
experimental teaching which involves pragmatic approach seem to be the best base on the studies of (Solomon and
Tarabisky 1999). Young people can build confidence in their abilities to become entrepreneurs and be empowered in their
future as a result of varieties of entrepreneurial activities provided through education.
The Purpose of Entrepreneurship Education

Entrepreneurship education as posited by Paul (2005) and Nwalado (2012) structured the following as the main purpose
of Entrepreneurship education:
- Provide the young graduates adequate training that will enable them to be creative and innovative in identifying
great business opportunities.
- To offer functional education to the youths to enable them to be well empowered and self-reliant people in their
own right.
- To serve as catalyst for economic growth and development.
10
- To offer tertiary institution graduates with adequate training in risk management to make learning outcome
feasible.
- To reduce the high rate of poverty and insecurity and violence.
- To create job and employment opportunities for its citizenry.
- To reduce the rural-urban migration
- To provide the young graduates with enough training skills and support that will enable them to establish a
career in small and medium size business.
- To incubate the spirit of perseverance in the youths and adults which will enable them to persist in any business
venture they embark on.
- To create a smooth transition from tradition to modern industrial economy.
The Concept of Youth Empowerment

The term youth is the time of life when the individual is young especially the period between childhood and maturity of the
early period of existence, growth or development. The word youth, adolescent, teenage and young persons are usually
used interchangeably. A youth generally refers to a time of life that is neither childhood nor adulthood but rather somewhere
in between. Youth is an alternative word to the scientifically oriented adolescent and common terms of teen or teenage.
Jega (2012) define youth as a special group of people with strong stamina and passion for realizing some goals and
purpose. Different countries define the word youth relating to their objectives, conditions and realities existing on ground
based on history, contemporary socio-economic and political issues as need to be addressed. For this, different parameters
and variables are used in defining their youths in the country. In Nigeria the National Youth Development Policy refers to
all young persons of age 18 – 33 years as youths. This category is present in most cultures, the most volatile and yet the
most vulnerable segment of the population, socio-economically, emotionally and in other aspects. The youths share certain
characteristics that distinguish them from other generation. These characteristics include: impatience for change,
zealousness, radicalism, rebellions, curiosity, hard work, ego and ambition. The youths are the engine and actualize of
national development if their mindsets are channeled in the right direction.
Springing from the need to enable young people to have a say in decisions which affect them and to have heard voices;
This give rise to young people who have economic, social and cultural advancement of their countries and to gain self-
fulfillment. Young people are empowered when they acknowledge that they have or can create choices in life, are aware
of implications of these choices, make an informed decision freely, take action based on that decision and accept
responsibility for the consequences of that action.Youths empowerment is an attitudinal, structure and cultural process
whereby young people gain the ability, authority and agency to make decisions and implement change in their own lives
and the lives of other people including youths and adults (Ezeani, 2012). Youth empowerment means creating and
supporting the enabling conditions under which young people can act on their own behalf, on their own terms, rather than
at the direction of others. These enabling conditions includes economics and social base, political will, adequate resource
allocation and supportive legal and administrative frameworks, a stable environment of equality, peace and democracy and
access to knowledge, information and skills and a positive value system.
Challenges Facing Entrepreneurship Education and Youth Empowerment in Nigeria

Entrepreneurship education has received a boost as a source of job creation, empowerment for the unemployed and the
underemployed in a globalized economy worldwide. For Nigeria, the following reasons hinder Entrepreneurship education:
- Poor entrepreneurial culture,
- Lack of fund.
- Poor knowledge based economy and low spirit of competition.
- Lack of entrepreneurial teachers, materials and equipment.
- Non-inclusion of entrepreneurship practical programme in the school curricula.
- Poor societal attitude to technical and vocational education development.
- Inadequate facilities and modern equipment for teaching and learning.
- Insensitivity of government to enterprise creation and expansion strategy.
11
- Poor plan and execution of processes of action.

- Isolated or pockets of ineffective programmes and management in competencies.
- Inadequate parental care.
- Breakdown of family values and indiscipline.
- Political manipulation of youth organizations.
Despite the difficult situation and the dire need for change, the government has done little to reduce the misery and
frustration of its citizenry, fostering hopelessness in the majority of young people who have resorted to any means including
crime to succeed in life. The youth are expected not to involve in crime but to channel their energy towards the development
of our dear country Nigeria.
Entrepreneurship Skills Creation for Undergraduate Studies

The wheel of development of any country lies on the shoulder of how productive and creative the youths are. Parents,
teachers and government have the obligation to ensure that the youths are empowered. There is apparent economic
depression in the midst of our so-called oil boom in Nigeria. The problem with Nigerian educational programmes is the too
much emphasis on the value on certificate rather than the skills required in the career. In other words, the individual struggle
hard through any means to attain the golden fleece which is the certificate rather than the knowledge and skills which
should make them self-reliant. Hence, it is hope and rightly too, that in the first place government should encourage a
diversification of the economy through adequate support for private establishment and practical acquisition of skills in higher
institutions. For this, education should be refined with a view to create and enhance the supply and entrepreneurship in the
youth initiatives and activities.
Apart from the entrepreneurship curriculum, there are other specific activities which can be carried out with a view to create
an entrepreneurship skills creation in the Nigerian tertiary schools. Some of them as (Okojie 2008, Osibanjo, 2006 and
Ememe 2011), highlighted:
- Establishment of entrepreneurship development centres.
- Establishment of small and medium scale establishment resources centres.
- Establishment of some clubs in the tertiary schools.
- Organize business plan competitions
- Introduce networking events through workshops, seminars, symposia, lectures and stakeholders where cross
fertilization of ideas could occur.
- Identify entrepreneurship business opportunities.
- There should be role model interaction and mentoring to deliver motivated discussions in form of key notes or
lectures.
- Industrial visits and excursion for on site field trip like students of mass communication could visit media houses,
medical students could visit pharmaceutical company and education students could visit modern schools with
facilities to mention but a few.
- Make the students master at least one vocation that can guarantee self-reliance.
- Inculcate in the students the knowledge of the modern information communication and technology that will
enable them to interact effectively with their immediate and distant environment.
- To fashion out modalities for setting up a career/entrepreneurship centre where students can be counselled and
guided on the right career to follow after their graduation.
- There should be a school based enterprise where students identify potential business plan, create and operate
small business by using the school as a mini incubator.
- There should be some form of innovative for students who have done their practical work well during site
supervision. This will motivate them to establish businesses after school graduation.
Conclusion
12
Entrepreneurship education has been clearly observed here as a vehicle to ride off the endemic problem of poverty, hunger
and youth empowerment. When the youths are provided with the right raining in practice, they explore opportunities in their
immediate environment instead of chasing shadows in the cities. The development of Entrepreneurship education will go
a long way in creating employment, give young people the opportunity to develop their enterprising skills, empowering the
young to be job creators and not job seekers through the provision of necessary skills and knowledge to raise their output,
income and wealth. Entrepreneurship education would also contribute to improve the image and highlight the role of
entrepreneurs in the society. The current industrial decay and the subsequent unemployment crisis among the Nigerian
graduates have been traced to the theory-oriented university programmes and certificate frenzy compiled with the celerial
mentality of golden fleece.
The economic situation of Nigeria needs re-engineering in order to strategically reposition Nigeria as the true leader of
Africa. I strongly recommend curriculum review, sensitization, advocacy and mobilization of support for Entrepreneurship
education, programme focus and funding together with the political will and stability of the government in order to achieve
the goals and the policy thrusts of the Federal Government of Nigeria.
References
[1] Abayomi, A.A, Ojo, L.B & Odozi, A.F (2014). Entrepreneurship education: A viable tool for youth empowerment in
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[2] Adejimola, A.S & Olufumilayo, T.O (2009). Spinning off an entrepreneurship culture among Nigerian University
students: Prospects and Challenges: African Journal of Business management. Vol. 3 (3) pp 80-88 March.
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panacea. African Research: An International multi-disciplinary Journal. Ethiopia 7(1) 28 pp 307-321 January
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November
[8] Ememe, (2011). Entrepreneurship education in the eastern Nigeria: Implication for Higher Education Administration.
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[13] Nwabuama, E.C (2004). Information Technology (IT) and Enhancement of Entrepreneurship education in secretarial
studies programme in polytechnics in Nigeria: A Paper presented at the Association of Business Education UNICAL
Calabar 2nd – 6th November
[14] Nwalado, I.G. (2012). Entrepreneurship in education Concepts and Constraints. African Journal of Education and
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[15] Okojie, J.A. (2008). Policy Framework and strategy for entrepreneurship development. For Nigerian Universities. A
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organized by National University Commission. Abuja 21st May.
[16] Okoroafor, B. (2011). Entrepreneurship and Wealth Creation the Nigerian Accountant. April/June
[17] Olawolu, O.E & Kaegon, LES (2012). Entrepreneurship education as a tool for youth empowerment through Higher
education for global work place in Rivers. A paper presented at seventy Regional Conference on Higher Education
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13
[18] Olumole, T. (2003). A synopsis of discip0lines and careers Akure, Ondo State Nigeria. Orteeyz Ltd
[19] Osibanjo, O. (2006). Concept of Entrepreneurship and innovation for 200-level students at the University of Ibadan,
January 18.
[20] Paul, A. (2005). Positioning Nigeria for effective response to the challenges emerging technology and globalization in
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[22] Solomon, E. & Tarabisky, D.F (1999) Entrepreneurship theory process and practice 6 th edition Ohio: South Western
14
Muslim Father’s Rights in Determining His Minor Child’s Conversion to Islam in Malaysia
Dr Zuliza Mohd Kusrin

(zuli@ukm.edu.my)
Senior Lecturer of Department of Shariah,
Faculty of Islamic Studies, The National University of Malaysia (UKM)
Affiliation in Comparative Family Law and Constitutional Human Rights
Associate Professor Dr Salasiah Hanin Hamjah

(salhanin@ukm.edu.my)
Associate Professor of Department of Dakwah,
Faculty of Islamic Studies, The NationaI University of Malaysia (UKM)
Affiliation in Islamic Counselling
Associate Professor Dr Fariza Md Sham

(farisham@ukm.edu.my)
Associate Professor of Department of Dakwah,
Faculty of Islamic Studies, The NationaI University of Malaysia (UKM)
Affiliation in Dakwah Psychology among Adolescents
Abstract
Freedom of religion is guaranteed by the Federal Constitution of Malaysia. For children, their rights to freedom of religion are
mentioned in Article 12(4) of the Federal Constitution. However, there is conflict of law, i.e. between the civil law and Sharia
Law, in some cases involving the child’s conversion to Islam, following the conversion of his or her parents. This article aims
to discuss on provisions of the Federal Constitution on the child’s right to the freedom of religion. The discussion also elucidate
on the father’s right in determining his minor child’s conversion to Islam. The methodology used in gathering relevant data is
content analysis. Data was gathered from Sharia Laws, legal provisions, law journals and reported cases relevant to the issue.
The data has been analyzed descriptively. The discussion discovered that civil court has competent jurisdiction in hearing
cases that involves issues of conversion of children following the conversion of only his/her father or mother. In earlier cases
of conversion to Islam, it was decided that the minor child’s religion is following the religion of his or her converted
father/mother. However, in the later cases the court has decided that the religion of the children is remain as the religion of
their parents, before the conversion to Islam.
Keywords: religion, minor, father, conversion, Islam
INTRODUCTION
Father is responsible to guide his family to the right path. In the matter of religious belief, Muslim father is responsible to
ensure his child being raised up according to Islamic teachings. This article aims to discuss on the issue of father’s
conversion to Islam and the effect to his minor child’s religion, in Malaysian legal perspective. The discussion covers topic
15
such as provision on religion and Islam in Malaysia, father’s right in determining his minor’s child religion and minor’s
conversion to Islam. Discussion is based on legal provision and decided cases related to the issue.
PROVISION ON RELIGION AND ISLAM IN MALAYSIA

Article 3(1) of the Federal Constitution states that Islam is the religion of the Federation, but other religions may be practiced
peacefully in any part of the Federation. This provision explains the acknowledgment of Islam as the official religion of the
Federation while also considering the rights of people of other faiths to practice their respective religions in peace and
harmony.
Religions in Malaysia are generally categorized as follows: Islam and “not Islam” (other religions). The definition of the
religion of Islam itself was given by the (then) Supreme Court Judge, Tun Salleh Abas in the case of Che Omar Bin Che
Soh (1988) 2 M.L.J. 56), where he defined it as a syumul (comprehensive) way of life that encompasses all aspects of life,
be it private or public, legal, political, economic, social, cultural, moral or judicial. According to Section 2 of the Selangor
Non-Islamic Religions (Control of Propagation Amongst Muslims) Enactment 1988, religions ‘other than Islam’ means
Christianity, Hinduism, Buddhism, Sikhism, Judaism or any variation or form or branch of the aforementioned religions, and
includes any beliefs, ideologies, philosophies, groups, or practical systems;
1. Whereby one of the characteristics (of that religion) is the worship of a particular existence or spiritual power or
magic, whether real or presumed to be real; or
2. That which admits its purpose or one of its objectives is the attainment of spiritual enlightenment or spiritual
presence, i.e. a belief, philosophy, ideology or group or practical system that is not acknowledged in Islam as possessing
Islamic elements. Commented [1]:
I translated this but the
Based on the above legal provision, it is understood that the rights to freedom of certain groups of people to take control of TQ
his religious affairs shall be tried in the event that the court agrees that the matter being tried falls into the definition of
religion as intended by the Constitution.
Discussion on the right to freedom of religion in Malaysia is specifically provided in Article 11 of the Federal
Constitution. Article 11 states that the right of an individual to profess, practice and propagate his religion is subject to
general laws concerning public order, safety, health and morals. The provision of Article 11(2) (3) of the Federal Constitution
gives freedom to all religious groups to maintain their respective religious affairs, institutions and property for the purpose
of their religion and its welfare. Article 11(4) on the other hand states the authority of the state governments and Federal
Territory to control and prevent the proliferation of religions other than Islam among Muslims.
A more general view on freedom of religion can be seen by reading Article 3(1) with Articles 10, 8 and 12 of the Federal
Constitution. As mentioned earlier, article 3 (1) of the Federal Constitution states on the position of Islam as the religion of
the Federation. Article 8 of the Federal Constitution concerns the right to equality in the eyes of the law without
discrimination due to differing religions and creeds. However, the exception to this provision is found in clause (3) that
states that this right does not apply to personal laws and any other provision that limits promotion or employment due to
matters relating to religion. Therefore, based on the aforementioned provision, the actions of a Muslim who enters a
polygamous marriage will not be tried for the offense of bigamy. Similarly, the hiring of all-Muslim employees in any state
religious department cannot be regarded as an act of discrimination. The guarantee of no discrimination on the basis of
religion, creed, or place of birth in the administration of any education foundation and of providing financial aid to any
institution of learning, whether public or private, is stated in Article 12 of the Federal Constitution. However, taking into
consideration the status of Islam as the religion of the Federation, Article 12(2) explains that the actions of the Federal
government or a state government to form or maintain Islamic institutions or assist in Islamic teachings and provide financial
aid is not presumed to be in opposition to Article 12.
Special position of Islam as stated in the Federal Constitution enables it to receive certain legal protections. On the Federal
level, the rights to freedom of religion are overseen and controlled by the Sedition Act 1984 (Revised 1969), Printing Presses
and Publications Act 1984, Societies Act 1966, Police Act 1967 and the Penal Code. Furthermore, by virtue of the state
Islamic Affairs Administrative Enactments, state governments are granted the power to control any sort of Muslim religious
activity, specified under the Shariah Administrative Enactment and the Shariah Criminal Offences Enactment. For example,
16
section 14(1) of Shariah Criminal Enactment (Selangor) 1995 mentions that state government via the Islamic Religious
Council has the power to give credential to an individual to teach Islam among Muslims who are not his family members. If
such person teaches Islam to members of the general public without the necessary credential from the Religious Council
and is found guilty of doing so, he may be fined. Section 97 of the Administration of Islamic Religious Affairs (State of
Selangor) Enactment 2003 stated that Friday prayers are also not allowed to be offered in any place which has not received
permission in writing from the State Islamic Religious Council. They also cannot be forced to pay any form of taxation if
the income from such tax, whether as a whole or in part, is specifically intended for a religion other than the one they
profess. The guarantee to the right of freedom of religion is evidenced by the existence of a provision regarding emergency
in Article 150(6A), which prevents the powers of Parliament from being expanded, even during a state of emergency, to
matters relating to religion.
Islam as the religion of the Federation in Malaysia received certain privileges as stated in the Federal Constitution. However,
it does not mean that Islamic law is comprehensively implemented/enforced in Malaysia. Thus in the issue of conversions
to Islam, a conflict of law is occasionally faced by the court in determining the cases that involves conversion of a non-
Muslim spouse to Islam in connection with other matter of determining the status of his minor’s child religions. This article
will further elucidate on the newly converted father’s right in determining his minor’s child religion, following his new religion. Commented [nh2]: i
FATHER’S CONVERSION TO ISLAM IN MALAYSIA

Conversions to Islam is a common phenomenon among Malaysians. There are cases that the marriage was solemnized
according to civil law, later on either the husband or wife converted to Islam. Thus, cases of conversion of either of the civil
marriage spouse will definitely raise up several legal issues such as in which court the dissolution of the marriage will be
tried, in which court the guardianship and custodianship of the children will be decided and in which court the issue on
determination of their child’s religion will be ascertained. Even though this article is focusing on the father’s right in
determining the child’s religion, the first and second issues has to be discussed in brief in order to clarify on the issue of
the court’s jurisdiction in dealing with cases of conversion to Islam in Malaysia.
In Malaysia, there are two types of courts; Shariah Court and Civil Court. The Shariah Court is a trial court at state level
that has jurisdiction to hear cases on matrimonial matters of merely Muslim. In contrast to that, civil court is a trial court at
federal level that has jurisdiction to hear cases involving Muslim and non-Muslim. Therefore, cases that involve conversions
to Islam of either of non-Muslim spouse from civil marriage, has to be tried in the civil court, by referring to the civil law, that
is the Law Reform Marriage and Divorce Act 1976. Even though for Muslims, their personal matters should be heard in the
Sharia Court, in the cases of conversion, the civil courts will be the appropriate court to hear such cases. It is because
Article 8 of the Law Reform Marriage and Divorce Act 1976 states that once the marriage is solemnized under the act, any
application deals with the civil marriage, such as dissolution of the marriage and other ancillary relief should be made in
the civil courts. Furthermore, since the jurisdiction of the Sharia Court is merely upon the non-Muslim, it will be unjust if the
parties cannot bring their cases to either of the courts. The judgement could be seen in the decision made in the case of
Nur Aishah Suk bte Abdullah (commat) Asukwinder Kaur a/l Sajhan Singh v. Harjeet Singh ( 2000) 7 Malayan Law Journal,
p. 547and Tan Sung Mooi v. Too Miew Kim [1994] 3 Malayan Law Journal, p. 117, that stated :
“A serious injustice will fall upon the couple (the respondent in this case) of the child not of Islam religion,
as their only remedy is the civil court, if the High Court has no more jurisdiction as the Shariah Court
has no jurisdiction on people who are not Islam religion”.
The result of the case obviously shows that in the cases of conversion to Islam which involves either one of the spouse
from the civil marriage, it will be adjudicated at Civil Court that will definitely refer to legal provision in the civil family law.
In Islam, father as the leader of his family is responsible of guiding his children to the path blessed by Allah SWT. For the
father that has converted to Islam, it is his responsibility to preach to his children by encouraging them to enjoin good and
prohibiting any wrongdoing (Abdul Karim Zaidan 2001). Allah SWT states in Surah Ali-Imran 3:110, ordering mankind to
encourage people to do good and prohibit any wrongdoing and to believe in Him. Hence, the father is the most responsible
person to preach them to choose Islam as a religion. The father is considered as an individual that holds trust to guide his
family to the Allah’s path of lives (Al-Ghazali 2000; Abdul Halim 2010). In Surah Al-Tahrim 66:6, Allah SWT encourage the
believers to safeguard their children from Hell.
17
In Islam, fathers are held responsible to preserve his child’s religion (hifzud din), based on one of the Maqasid Shariah
principle. Issue to safeguard the child’s belief as well as syahadah is related with the issue of religion conversion. According
to provision in the Islamic law, Islamic jurists have unanimously agreed that in cases of both of the parents converted to
Islam, any of their children who are not attain puberty or minor will automatically convert to Islam. Problem arises when
either of the parents convert to Islam and the other spouse remain to his or her non-Islamic religion. In this case the Islamic
jurists have different views concerning the determination on the minor child’s religion following the religion of the father or
mother to Islam. According to the Shafie and Hanbali sects, the child’s religion is Islam, following the religion of either the
father or mother that converted to Islam. However, according to the Maliki sect, the child’s religion are following the father’s
religion if the father converted to Islam. (Mohamed Azam Mohamed Adil 2013). The next discussion revolves the
determination of the minor child’s religion according to the legal context in Malaysia. Does the newly converted father have
the right to bring his minor child to profess Islam or does he let them remain in the religion of origin?
MINOR’S CONVERSION TO ISLAM IN MALAYSIA

In case of minors’ conversion to Islam, Articles 12 (3) and (4) of Federal Constitution stresses on the age limit of a person
to enable him to convert to another religion, which is eighteen years of age if he doesn’t have the permission of his parents
or guardian. It means that in Malaysia anybody below the age of 18 is still consider as a minor regardless of they have
already reach their puberty. Any pronouncement of Two Kalimah of Syahadah uttered by anybody below the age of 18
must be made with the consent of either parents or guardian.
Generally, the discussion of conversion of minor to Islam in Malaysia could be divided into two situations:
(i) Minors voluntarily converting themselves to Islam
(ii) Minor’s conversion following the new religion of their parent or parents.
Minors Voluntarily Converts to Islam

The provision of Article 11 of the Federal Constitution that allows Muslims to propagate their religion publicly could be seen
as an instrument that might attract non-Muslims to learn about the Islamic religion. In Malaysia, the teachings of Islam could
be easily accessed through mass media and various programs, as advertised in the television, radio, newspaper and others.
In addition to that, the nature of Malaysian society that is comprised of Muslims and non-Muslims, most of them normally
living in close proximity, attending the same school, spending their social activities together, might attract them to learn
about each other’s ways of life or religion, hence a choice to convert to Islam. However, minors are not allowed, even
voluntarily, to change their religion without the consent of their parents, as stated in the case of Teoh Eng Huat v. Kadhi
Pasir Mas and Anor. [1990] 2 Current Law Journal p. 11, it is an appeal case from the High Court to the Supreme Court. In
this case the appellant discovered that his daughter, who had been missing, had been converted to Islam by the first
respondent. His daughter was almost eighteen years old and a minor under the civil law. The appellant brought an action
in the Kota Baharu High Court seeking a declaration that he, as the lawful father and guardian, has the right to decide the
religion, education and upbringing of his infant daughter. The High Court dismissed the application of the appellant. The
appellant appealed to the Supreme Court In the meantime, the girl had reached the age of majority. The Supreme Court
allowing the appeal, held that:
(1) Under the normal circumstances, non-Muslim parent or guardian has the right to decide the choice of the various
issues affecting an infant’s life until he reaches the age of majority, which is eighteen years under the civil law.
(2) In the wider interest of the nation, no infant shall have the automatic right to receive instruction relating to any religion
other than that his own without the permission of the parent or guardian.
2. Minor’s Conversion Following Their Parent’s Conversion
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In a situation where both parents themselves converts to Islam, any of their children under the age of eighteen generally
follows their parent’s new religion. Meanwhile, children who are already eighteen years old or older have the right to choose
their own religion. The case of Viswalingam v. Viswalingam (1980) 1 Malayan Law Journal, p. 300).is an example of the
minimum age allowed for any children to decide on their own religion. This is a divorce case due to the conversion of a
husband/father to Islam. At that time, the ages of their children were nineteen, sixteen and fourteen years old, respectively.
Therefore, the children who were under eighteen, then aged sixteen and fourteen, had to follow their father’s religion, Islam.
In the case of either the mother or the father converting to Islam, any children below the age of eighteen will follow the
religion of their guardian. Therefore, in such cases the person who has the guardianship rights to the children, will have the
right to decide their religion, education and upbringing. Meanwhile the party who has the custodianship rights of the children,
merely has power referring to the physical development of the child. (T. v. O [1993] Malayan Law Journal, p. 168).
As mentioned by Wu Min Aun, in Family Law, custody is not necessarily co-extensive with guardianship, but neither are
they always clearly distinguishable. The word ‘guardian’ is defined variously in several acts. Section 2 of the Adoption Act
1952 (Rev. 1981) defines the term in relation to child as follows: “ … any person or body of persons other than its natural
parents, who has custody of the child…”. Section 2 of the Registration of Adoption Act 1952 (Rev. 1981) defines the word
guardian as : “… the person having the legal right to the custody of the child …”. The Guardianship of Infants Act 1961,
which is the main legislation governing guardianship and custody, does not define the term, but provides in section 3 that :
“ The guardian of the person of an infant shall have the custody of an infant, and shall be responsible for his support, health
and education.” The general rule of guardianship rights is stated in Section 5 of the Guardianship of Infants Act 1961 that
provides: “ … the father of an infant shall be the guardian of the infant’s person and property…”.
The court has the authority to remove, at any time, a guardian whether of the person or the property of the infant, and
appoint from time to time another person to be a guardian in his or her place”. Section 10, which confers an authority on
the court to remove, at any time, a guardian whether of a person or the property of the infant, and, appoint from time to
time another person to be a guardian in his or her place. Section 6 states further that it is only where a child has no living
father that the mother becomes the guardian of the child’s person and property. However, in either case, it is not an absolute
right. The High Court retains a discretionary power to appoint some other person to be the guardian, or in the case where
there is no living father, to appoint another person to act jointly with the mother as guardian.
There are some examples of cases that differentiate between the rights of guardianship and custody. In the case of
Shamala Sathiaseelan v. Dr. Jayaganesh C. Magarajah & Anor [2004] 2 Malayan Law Journal, p.648, it was an application
by the Plaintiff (the wife) for a declaration that the conversion of her two children (the minors) to Islam by the defendant (the
husband) without her consent was null and void. The facts of the case were that the husband and wife were married
according to Hindu rites and registered under the Law Reform (Marriage and Divorce) Act 1976. The two children to the
marriage were minors and were Hindus at the time of birth. The husband converted to Islam and later converted the minor
to Islam without the consent and knowledge of the wife. The wife contended that by virtue of an interim order, she had an
equal right to decide the religion of the minors. Among the issues for determination were whether consent of a single parent
was enough to validate the conversion of a minor to Islam and whether the capacity of the Muslim father to convert the
minors were valid. It was held that the husband was the natural father of the two minors and has the legal right to convert
the two minors into his new religion, that is Islam. Thus as a construction of Article 12(4) of the Federal Constitution read
in conjunction with Section 95(b) of Article 505, the husband as a natural parent – a Muslim father had the capacity to
convert the two minors into Islam. Therefore, the consent of a single parent is satisfied to validate the conversion of the
minor’s religion. In this case also the court had awarded legal custody jointly to both father and mother with care and control
to the mother, subject however to the caveat that the mother would lose the right to care and control it if she is found in any
way to influence her children’s présent religion.
MUSLIM FATHER’S RIGHTS UPON HIS MINOR’S CHILD RELIGION

In cases of either of the parent’s conversion to Islam, both of them will definitely struggle to gain legal rights of guardianship
upon their children in order to ensure that the children will follow either of the parents’ religion respectively. According to
Section 81 of the Islamic Family Law Act, custodianship rights of minor is with the mother whether during the marriage or
at the time of dissolution of marriage. Even though the mother has the utmost rights upon the children, compared to the
19
father, section 82 further explains that among the pre-requisite condition required is that the mother has to be a Muslim.
Furthermore section 83 of the same act explains the mother will lapse her capability of custodianship if she is not practicing
the Muslim religion or becomes an apostasy. The legal provisions show that if the mother is a non-Muslim, the converted
Muslim father’s rights to gain legal rights upon the child will be considered. However, in most of the decided cases, the civil
court will award the right of custodianship to the mother, by reason of protecting the minor’s welfare, while the father is
awarded with visitation rights.
In the case of Shamala Sathiyayaseelan lwn. Dr Jeyaganesh C Mogarajah & Anor ([2004] 2 Current Law Journal, p. 416)
the father converted to Islam in 19 November 2002. Six days later, on 25th November 2002, he had brought his children to
Majlis Agama Islam (Conference of Islamic Religion), to convert them to Islam. Faiza Tamby Chik Judge, while commenting
on the case states that the conversion of the children did not automatically happened following their father’s conversion. In
this case the children was converted to Islam six days later. Based on the provision in Article 12 (4) of the Federal
Constitution, it allows the father or mother whom converted to Islam to register their children below the age of eighteen
years old as Muslim. The High Court in the case of Nedunchelian a/l V Uthiradam v. Nurshafiqah Mah Singai Annal & Ors
[2005] 2 All Malayan Report, p. 711 also in the opinion that the legal provision that allows the children to change their
religion based on consent of either of the parents is in accordance with the interpretation of minors freedom of religion as
mentioned in Article 12(4) of the Federal Constitution.
When reference was made to resolve case in Teo Eng Huat v. Kadi Pasir Mas Kelantan & Majlis Agama Islam ([1990] 2
Malayan Law Journal ( [1990] 2 Malayan Law Journal, p. 228), which also well known as the Susie Teoh case, freedom of
religion for children is defined through permission or consent from either the mother or father. The judge in the case
obviously defines ‘parents’ as either the mother or father, which mean giving permission to either the mother or father is
enough to enable his or her minor’s child to change his or her religion
In the case of Shamala Sathiyayaseelan v. Dr Jeyaganesh C Mogarajah & Anor, ( [2004] 2 Current Law Journal, p.416), a
Hindu mother applied a declaration from the court to invalidate the conversion of two of her children to Islam due to the fact
that it was made unilaterally, without her consent. Later on the husband then made an objection on the application. The
court in deciding the case states that:
“The use of the singular word ‘parent’ in both art. 12(4) of the Federal Constitution and S. 95(B) of the Administration of
Islamic Law (Federal Territories) Act 1933 (Act 505) renders the consent of a single parent enough to validate the
conversion of a minor to Islam. Section 5 of the Guardianship of Infants Act (Act 351) on equality of parental rights did not
apply to the husband by virtue of s. 1(3) of the same as he was now a Muslim”
In Shamala (2004) case the judge had decided that the plaintiff, a Hindu woman is awarded with the custodianship rights
upon both of her children age three and a half year and ten months, whom had been converted to Islam by their Muslim
father. The defendant was ordered to pay maintenance for the children, Even though the plaintiff gain the custodianship
rights, she is not allowed to change her children’s religion. The court also remind her of the order of custodianship will lapse
once if it is proven that she has clearly in any ways try to influence her children to convert to another religion other than
Islam.
The decision of the above cases was based on understanding that the interpretation of Article 12(4) of the Federal
Constitution means consent of either the father or mother is sufficient to allow the minor/children to change their religion.
Therefore in almost cases involving conversion of either parents from the civil marriage, the minor children will then following
their parents’ new religion. The case of Indira Ghandi (2013), the judge’s approach has shown that several international
norms and human rights is invoked and given priority, to the extent that the legal interpretation of article 12(4) of the Federal
Constitution goes beyond the ordinary interpretation as decided in the several earlier cases. Thus the court has decided
that based on the basis of nation, religion and gender, the defendant’s/father’s act of changing his children religion without
the mother’s consent is considered as against Article 8(2) of the Federal Constitution. The decision of this case clearly
shows that the learned judge has made an interpretation that goes beyond the ordinary interpretation of Article 12(4) of the
Federal Constitution, as decided in other cases before.
In the recent case of Indira Gandhi a/p Mutho lwn. Pengarah Jabatan Agama Islam Perak & Ors ([2013] 5 Malayan Law
Journal, p. 555), conversion of her three children aged one year old, ten years old and eleven years old was made by the
father per se, without the knowledge of the mother. The appellant (the mother) then applied for a judicial review in the High
20
Court of Ipoh, applying a declaration that the endorsement of certificates of conversion to Islam made upon the name of
those children are considered as null and void because it was inconsistent with section 106(b) of the Islamic Administration
of Islamic Religion Enactment of Perak 2004 and also in contradict with section 5 and 11 of the Guardianship of Infant Act
1961. The appellant also made an application that Article 12(4) of the Federal Constitution is read together with Article 8(2)
of the Federal Constitution, concerning the equal rights of the father and mother in this matter. The appellant further made
a declaration that the conversion of those children to Islam was not done in accordance to legal procedure.
This case shows that the civil court judge has made a decision in favor of the applicant and announced that the conversion
of those children was done not in accordance with the law. The judge’s interpretation among others stated that the decision
made by the religious authority in giving consent and verifying the conversion to Islam of the children’s religion has no legal
validity. It is because Article 11 of the Federal Constitution states that the legal right of every person to profess and practice
his or her religion has been infringed. In this case, the court stated that article 11 should be read together with Article 5(1)
concerning the freedom of movement and Article 3(1) that refer to other religion that could be practiced in any parts of the
Federation.
Tun Abdul Hamid Mohamad, Malaysia’s former Chief Justice, while commenting on Indra Ghandi’s case states that the
case’s judgement should be reconsidered based on Sharia Law because the issues of conflicts of laws was clearly present
in the subject matter. Even though the result may remain the same, but reconsideration to the Sharia Law needs to be
considered. He also commented that the Court should have referred to the human rights issue under the Universal
Declaration of Human Rights (UDHR), but needs to be done carefully so that it does not conflict with the principles of
Federal Constitution. He continued by voicing his worries with the passion of fellow judges who accepts international norms
or priorities the UHRD more that the provision in the Malaysian Federal Constitution itself. (Abdul Hamid Mohamad 2013).
.
CONCLUSION
Freedom of religion is guaranteed by law as stated in Federal Constitution of Malaysia. For minors their right to change
their religion are subjected to consent of either of the minor’s parents. Cases involving conversion of the minor’s
father/mother were also decided alike. The newly converted Muslim father has legal rights to convert his minor child to
Islam. It is also the interpretation of Article 12 (4) on the freedom of religion of minor child, that emphasized on merely
consent of either parents is satisfy. However, the decision made in the case of Indira Ghandi 2013 had challenge the legal
rights of the father to convert his minor child’s religion to Islam, that caused the Muslim father’s right to convert his minor
child’s religion to Islam is restricted.
REFERENCES
[1] Abdul Halim, Abdullah Muhammad Sacid. (2010). al-Huquq al-mutabadalah baina al-Aba wa al-Abna. Kaherah:
Dar al-Kutub al-Misriyah.
[2] Abdul Hamid Mohamad,(2013), Hak Asasi : Peranan dan Fungsi Dari Perspektif Perlembagaan Malaysia,
Forum Hak Asasi Sejagat, anjuran Majlis Universiti Islam Malaysia (MUIM) dengan Kerjasama Jabatan
Kehakiman Islam Malaysia (JAKIM), Putrajaya: Hotel Marriot
[3] Al-Ghazali, Abu Hamid, Muhammad Bin Ahmad. (2000). Ihya’ Ulum al-Din. Kaherah : Dar al-Taqwa li al-Turath.
[4] Izzah Nur Aida Zur Raffar & Salasiah Hanin Hamjah. Ciri-ciri Personaliti Bapa Dari Perspektif Islam. Prosiding
Kolokium Antarabangsa Jejak Warisan Ilmu Islam (JEWARIS 2015) Malaysia-Brunei.
[5] Karim Zaydan. 2002. Usul al-Dakwah. Ter. Solehan Ayubb. Kuala Lumpur: Pustaka Salam Sdn Bhd.
[6] Mohamed Azam Adil. 2013. Penentuan agama anak-anak. Utusan Melayu (M) Bhd online. Accessed on July
2015.
21
The Adaptation to the Community System : Problems in Fieri in Receiving the E.U.
Directives and Regulations and Apparent Problems about Limitation of Sovereigny - the
Albania’s Case
Antonio Vito Pasquale Boccia

PHD Industrial Relations – University ‘’Alma mater studiorum’’ of Bologna (Italy),
Guest Professor at Faculty Fastip – “Aleksandër Moisiu” Universiteti i Durrësit (Albania),
C.M. (Fellow) at Faculty of Law - University “Ippocratica Civitas” of Salerno (Italy)
prof.antonioboccia@gmail.com
Abstract
All european countries that entered in European Union had problems about juridical relationships, and expecially in order to
adaptation at european normative system. Albania formally obtained the status of candidate one year ago. For this reason in
a few years the Country will be a real member of E.U. : so, it is compulsory to think about legal solutions to solve probable legal
conflicts, and to harmonize the albanian legislation at european law’s system.
Keywords: Community system, European Union, Albania, directives, regulations, sostitutive power, supporting, proportionality
Introduction
The Republic of Albania officially obtained the status of “candidate” to entry in the E.U.: just a year ago, on the 27th june of
the last year 2014, in fact, the E.U. - after a troubled iter - formally accepted the candidacy of the Country, from Tirana
governement. This appens after five years since the date of the spent time, after becoming affective of the agreement of
stabilization and association that appened on the 1st April 2009, with which Albania had ratified the engagement already
taken during 2006.
With the decisive entry of the ‘Eagle Country’ among the Community Countries that, as we wish can be soon , it is easy
foresee as inevitable a series of law’s problems to harmonize and fit the only subjects and laws already controlled by the
inside legislation of Albania with the so called community derived right: this will happen after the sostitutive power of the
Union so happened before in the other States taking part in the Union, and in Albania will be placed the judicial problem,
relating to the laws of E.U. inside the judicial Albania system.
In this way it will be useful to but above-mentioned questions to solve easily and promptly the eventual contrast (of the
future and very probabile) in controlled subjects either from the inside system or community one.
By the way we have to observe preliminarly that Albania Republic began a process of harmoniring for a long time with a
European legislation: in fact there have been published in the last decade, a series of important law reforms according to
Europe.
For expository clarity and consideration said above, it seens necessary to speak about c.d. general principles that regulate
the relationships between the right of E.U. and the right of the state – members of E.U.
Actually the relationship betwen the E.U. and the operative right in the state members, that is the relationship between the
laws of E.U. , on one hand (either those in treatises or those issued by the E.U.) and from the other hand, the single judicial
problems of the States that have joined the Union, provoked and provokes big discussions and conflicting positions either
in the academic doctrine or in the jurisprudence.
22
Actually in the international right the so-called dualistic approach (or better the pluralistic one) is on the general principle of
the clear separation of the inside the national law system, in comparison with the international one: so you can’t determine
any form of hierarchy between the inside laws of the single state and the international ones.
Therefore it is useful to observe the system, they, in reality differ either for the people (having the inside right character
interpersonal, and the right international character inter-state) or regarding, obviously, the same sources. 1
It is, so, necessary first of all to explain (clarify) the hierarchical relationships that are between these judicial systems (that
are, under all the ways, real different systems among them).
In particular, it is useful to define (determine) the existing relationships between the national system of the single state-
member on the supranational one of the E.U. because it is clear in the right that is issued by the E.U. , it belongs to the
second typology.
It is konwn that with the joining to the institutional tratises of the E.U. , the joined countries accept “ipsofacts” a series of
limitations of their own sovereignty (in determined fields): with the conseguent transfer of the respective powers that
regulate (control) the same subjects for the community organitations (bodies).
There are lonely apparent problems in limitation of sovereigny.
___________________________
1 Guizzi Vincenzo, Diritto dell’Unione Europea – Quarta edizione, E.S.I., Napoli 2015- p.14 and ss.
In fact, as I said, overcome the problem so that to confer with the European laws, there is evidentely the judicial real
question of the relationship between the right that is effective in the E.U. and the so called “inside” right (or that is effective
in the single state-member) also by the light of the different constituional system and of possible conflicts in the subjects
controlled by the different system: such a question is not referable to the usual relationship between international right and
the inside right; even if it doesn’t mean that there is a pratical problem of adaptation of the Union right to the inside right of
the state-member.
However it is necessary to highlight since the beginning as this mechanism must happen on various and different
suppositions: in fact, while the relationship between the internation system and the inside system is resolved with a
coordination relationship between two judicial system reciprocally indifferent that between the judicial Union system and
the state-member system is a relationship of integration, as they are not in a mutual and equal relation, because the Union
system aims to combine in the inside system.
This tight mutual relation is strengthened also by the duty, for the state-members, according to what is confirmed by the
article 4 T.U.E. , to adopt “all the measures of general or particular character fit (suitable) to ensure the execution of the
duties deriving from the treatises or conseguent to the acts of the Union institution. They refrain from any measure that
risks to danger the achievement of the Union aims (c.d duty of mutual collaboration.
The stated principle by the above art. 4 T.U.E rises from the conscionsness the Union system, is not closed and self,
sufficient system, but it needs, because it completely realitas, of the integration of the state-member system.
The tight exesting integration between the European normative system and that is in various state-members implies a
coordination and a harmonitation that not always are realized in the practice in fact there have often happened
phenomenons among the different arrangements contrast dictated by the different systems.
The solution of such conflicts, obviously, it is important in those ipothesis in which the Union right establishes rights and
duties for sigle citizens with an immediate efficacy: one of the elements that charaterizes the relation between the Union
right and the inside right is, in fact, the community of the people because the consignees of the European and national
disposition coincide.
23
In these ipothesis the risen questions from a possible contrast are the following: 1) to establish in the first moment
disposition of the Union right must be considered with direct efficacy;
2) to establish wich disposition must prevail in the conflictual situations.
Both the questions have been faced more than once by the justice of European Union, that, through a contrast judicial
interpretation , has confirmed two judicial principles of great importance.
Beside, we must say that exist some general principles that regulate the subjects founded on the so-called principle of
“supporting” and proportionelity.
To harmonize the process of European law integration the state-members were obliged to limit part of the mutual
“sovereignity” giving the E.U. institutions the power to adopt binding decisions for all the States and so recognizing the
direct applicability of the E.U. right inside the same state-members.
With the enlarging of the intervention sectors of the Union in fact we felt the necessity to define the limits of the national
and European skills.
So we have to trust in two regulating principles said above that is “supporting’’ and ‘’proportionality”.
They are confirmed by the article 5 of the T.U.E. and also by protocollo 2 (on the application of the supporting and
proportionality principles) attached to the text of Lisbona.
According to the supporting principle, foreseen by the art. 5 to par. 5 of T.U.E. , the Union intervenes in those sector that
aren’t of its skills only when its action is considered more effective than the national one. Such intervention must be graded
for the reaching aim and not to go beyond that is tightly necessary (the proportionality principle). 2
The supporting principle foreseen, instead, the decisions must be taken for the citizens, leaving the power belonging to a
superior level interests only of some subjects that can’t be treated to an inferior level (local authorities).
The above principle must be put beside the poportionality principle (art. 5 T.U.E.) : it foresees that the contest and the form
of the Union action must be limited to what is necessary to reach the aims of the tratises.
The supernational character of the E.U. implies the possibility to reach better results and will phisiologically push to enlarge
the exercised skills in common; even if there is the opposition some State-members that are afraid to see ‘’further limited’’
their own powers.
From here: the necessity to research new forms of different integration, expecially for future members like Albanian
Republic, that can enlarge actionfield of the European Union, proteeting the sovereignity of the dissenting states, as well
as the prediction of new law tools, that can permit to those last ones not to take part in the forms of establishing cooperation
(for example it’s possible apply to the so called like “derogation”). 3
References
[1] 2 Strozzi Girolamo, Diritto dell’ Unione Europea, Ediz. Giappichelli, Torino 2015 – p. 26 and ss.
[2] 3 Martinelli Francesco, Compendio di diritto dell’ Unione Europea, Simone Editore, Napoli 2012 – p. 11 and 12
24
Instruments for Measuring the Influence of Visual Persuasion: Validity and Reliability Tests
Nurulhuda Ibrahim
School of Multimedia Technology and Communication, Universiti Utara Malaysia
06010 UUM Sintok, Kedah, Malaysia
nurulhuda@uum.edu.my,
Mohd Fairuz Shiratuddin

School of Engineering and Information Technology, Murdoch University
90 South Street, Murdoch, WA 6150, Australia
{f.shiratuddin; k.wong}@murdoch.edu.au
Kok Wai Wong

School of Engineering and Information Technology, Murdoch University
90 South Street, Murdoch, WA 6150, Australia
31816997@student.murdoch.edu.au
Abstract
In User Experience (UX) research, the instruments are often measured by means of rating scales such as Likert scale and
semantic differential scale. The validity of the findings and conclusions rely heavily on the instruments used in the
questionnaires. This paper provides the assessment of the validity and reliability of a new set of measures to evaluate the
influence of visual persuasion on web users. The instruments will be used to assess web users' perceptions of credibility,
engagement, informativeness, satisfaction, social influences, usability, and visual aesthetic. Firstly, 85 items are pilot tested by
expert and novice users in an offline and online settings. Secondly, the exploratory factor analysis is carried out in which 44
items representing 12 latent variables are reduced to 39 items with some of the latent variables are combined into one. The
results show: Kaiser-Meyer-Olkin (KMO) of 0.901, significant Bartlett’s test, communalities range between 0.470 - 0.829, nine
factors (also known as the latent variables) emerged with eigenvalues greater than 1, explaining more than 60% of the total
variance, factor loadings of 0.466 and above, factors correlations of less than 0.7, and Cronbach’s alphas are well above the
limit of 0.70. Finally, a confirmatory factor analysis is carried out on the first-order and second-order latent variables using the
PLS-SEM. The instruments exceed the minimum requirement of the assessments for the convergent validity, discriminant
validity, reliability and collinearity. The findings suggest that the proposed 39 items are valid and reliable for measuring the
persuasiveness of visual persuasion.
Keywords: reliability test, validity test; visual persuasion measures, PLS-SEM
1.0 Introduction
A number of researchers proposed that visual design on an interface have certain impact on users' motivation to stay longer
on a website which consequently improves user experience (e.g Hao, Tang, Yu, Li, & Law, 2015; Chu, Deng, & Chuang,
2014; Cyr, 2013; Horvath, 2011; Winn & Beck, 2002). User Experience (UX) is defined by three main characteristics; 1)
involves a user, 2) the user is interacting with a product, system, or anything with a User Interface (UI), and 3) the user's
experience is of interest, and observable or measurable (Albert & Tullis, 2013). A research on UX can be considered if
behaviour or potential behaviour is expected to take place. Previous studies investigating UX have assessed variety of
25
factors e.g. performance, usability, and satisfaction; which also includes specific factors e.g. credibility, engagement and
visual aesthetic (Albert & Tullis, 2013).
This research examines the association between user's perception of web design characteristics and behavioural intention
of persuasive visual design. The research extends the model of first impression formation toward tourism destination
websites by Kim & Fesenmaier (2008). In the model, informativeness and usability are labelled as the hygiene (essential)
factors, and persuasive features namely credibility, inspiration (visual appeal/aesthetic), involvement (or engagement), and
reciprocity represent the motivating factors. The result of this study shows that only inspiration, usability, and credibility are
significant in first impression formation. It is inspected that the cause of declining factors are resulted from their research
design as they used an animated clip of webpage screenshots, and the participants of the study merely viewed the clips
instead of browsing the identical webpage. Moreover, Kim & Fesenmaier (2008) work is specific for instant first impression
formation with the display time span for the webpage was set to 7 seconds each. This research takes a different research
design approach in which an actual web environment setting is used for the experiment. Furthermore, instead of using
existing tourism websites, the web samples are personally developed to enable A/B testing method (see section 2.0
Research Design and Method). As such, investigation is more specific towards pointing out which visual persuasion has
positive influence on users; thus reducing the potential of persuasion clutter. Besides, in this research, first impression is
defined as the event when a user first encounters a new website, and forms a mental image of that website. Users are free
to browse the website as long as they like to encourage actual surfing behaviour. In this research, users generally take
about 2 minutes surfing the website (data is taken from Google Analytic).
The research conceptual model includes the web design characteristic's dimensions i.e. credibility, engagement,
informativeness, satisfaction, usability, and visual aesthetic. The new model includes the social influence principles by
Cialdini (2007) as an additional value to the motivating factors in the model. In the model, social influence is defined as a
second-order variable; a latent variable whose indicators are themselves latent variables. The indicators of social influence
are authority, commitment, liking, reciprocity, scarcity, and social proof (Cialdini, 2007). This research adapts existing
measures from the web design evaluation metrics, and develops new measures for assessing the social influence specific.
This is due to the fact that the existing measures of UX are suitable for a comprehensive evaluation of a UI. However, this
research specifically measures users' perception of visual persuasion; focusing on the impact of certain visual (pictorial
cues or textual messages) on users’ motivation and behavioural intention. Moreover, users' perception is recorded based
on the users' first impression of the visual design. As such, users may observe differently compared to the common web
assessment.
The paper aims to evaluate the reliability and validity of the instruments used in the research by conducting the exploratory
factor analysis (EFA) and confirmatory factor analysis (CFA). EFA explores and examines the inter-correlations that exist
between a pool of items and in doing so, reduces the items into smaller groups, also known as the dimensions or factors
(Hooper, 2012). On the other hand, CFA verifies the factor structure of a set of variables. The measures are tested during
an online experimental design where participants are required to evaluate a tourism website.
2.0 Research Design and Method

2.1 Participants
Facebook users of the age 18 or older participate in the web survey. Participants are recruited through an advertisement
on Facebook. Participants are also encouraged to invite their Facebook friends to participate in the research. Thus, the
survey is non-representative, and relies heavily on volunteers who hear about it through Facebook's News Feed.
2.2 Procedures
Once the users click on the URL to participate in the survey, they are taken to the survey website. Participants read the
information and participating conditions, and give their consent. They need to fill up the demographic section first before
being taken to the next page to evaluate the website. The survey employs an A/B test method, a common type of live-site
study in which the researchers manipulate elements of the page that are presented to the users (Albert & Tullis, 2013).
This method involves an online experiment in which the participants are required to evaluate a website, which is randomly
assigned. In this experiment, the non-persuasive website represents the control design and the persuasive website
26
represents the treatment design. The A/B test helps to identify which web sample increases favourable users' perception
of the website and gives significant insight into which visual elements 'work' and which 'do not work' on the website (Albert
& Tullis, 2013). After browsing the website, the participants return to the survey to answer the questionnaire.
2.3 Instruments
Initially 61 items of 12 latent/independent variables and 4 items of 1 observed/dependent variable go through a pilot test by
2 field experts, 5 novice users, and 3 postgraduate students. The objectives of the test are to check the content and to
identify suitable items that are specific for evaluating visual interface. As a result, instruments related to measuring visual
design are short listed and 20 new items are included. Then the instruments are checked and approved by Murdoch
University Human Research Ethics Committee (Approval 2013/155). Another pilot test on the actual online environment is
carried out to identify any problems with the questionnaire in terms of their clarity and to investigate the ability of potential
respondent to understand the items. At the same time, any functionality issues and possible errors or bugs with the web
samples can be identified. 30 individuals are invited via Facebook, but only 10 participants responded. Repeated measures
approach is used in the pilot test and users evaluated both websites, in which the order is randomly assigned. Thus, the
time period needed to complete the questionnaire is estimated. Each website is evaluated with the same set of
questionnaire. Although each website design is different in terms of the visual design used, it is estimated that participants
will be able to understand the items if they have more than one year of Internet and web experience. This is due to the
reason that the social influence principles were long applied in the online marketing's websites. Comments or suggestions
from the respondents are also recorded.
Modifications are made based on the feedback received from the pilot test. Several questions are deleted, or included some
examples. To shorten the time needed for the survey completion, the random assignment approach is used instead of
repeated measures. Thus, each participant evaluates only one website; adopting the method used by Tang (2009). In the
end, 48 items remain in the list. UX is assessed by 24 items adapted from various authors. Another 6 latent variables
representing the principles of social influence are measured using 2 adapted items and 18 newly developed items. The 44
psychometric items representing 12 latent variables are administered for the reliability and validity test with EFA. Another
four indicators of 1 observed variable are validated with CFA as the items are well established through previous studies
and no longer need to be explored.
3.0 Validity and Reliability Tests

While the data collection stage is still ongoing, some completed responses are retrieved from the online database server
to test the validity of the instruments using EFA. This due to the fact that even though most instruments used in the study
are adapted from previous work and have been tested, however as the items are used in a new meaning in this research,
and that some of the items are revised, the items are re-examined to ensure the quality of the findings and conclusion of
this research. Cronbach's alpha is used to measure if the items reliably measure the same latent variable.
Data is cleaned before conducting further analysis. Standard deviation is calculated using the function tools available in
excel. Cases with standard deviation of below 0.7 which represent unengaged responses on a seven-point scale are
eliminated (Gaskin, 2012a). In this research, unengaged responses refers to suspicious response pattern such as when
respondent marks the same response for several group of items e.g. 55555 44444 6666. Then the data is imported into
the IBM SPSS 19 software. Following the suggestion in Sekaran & Bougie (2010), incomplete responses with missing data
of more than 25% are deleted. Negative items are reverse-coded and missing data is replaced with the median of nearby
points. The median of nearby points method is used for data replacement because the data of the surveyis in the form of
discrete number. In this case, the mean is irrelevant to be used as replacement value as the mean may be a decimal
number. Finally, cases with high risk outliers are identified and removed. In the end, a total of 212 usable cases are identified
which consisted of 84 responses in the non-persuasive sample, and 128 responses in the persuasive sample. Sample size
exceeds the minimum of 100 participants and minimum ratio of 5 participants per item (Hair, Black, Babin, Anderson, &
Tatham, 2009). Normality check using Shapiro-Wilk statistics shows that the data distribution for each item is not normally
distributed.
27
3.1 Exploratory Factor Analysis (EFA)

Initially, the factorability of the 44 items is examined. The criteria for the factorability of a correlation recommended in Hooper
(2012) is used (please refer Table 1). Firstly, all of the 44 items correlate at more than 0.3 with at least one other item,
suggesting reasonable factorability. Secondly, the Kaiser-Meyer-Olkin (KMO) measure of overall sampling adequacy is
equal to 0.905, well above the recommended value of 0.5, and Bartlett’s test of sphericity is significant with the p value of
< 0.05 (Hair et al., 2009). The communality for each item is set to be above 0.4 (Leimeister, 2010) to confirm that each item
shares some common variance with other items. First round of the analysis meets the minimum requirement of items
correlation, KMO, and Bartlett’s test of sphericity. However, four items show communalities below 0.4. Thus, the four items
are deleted one by one, and the factor analysis is repeated each time. With 40 items remaining in the list, the new factor
analysis shows stronger results with KMO of 0.906 and communalities range between 0.470 - 0.830.
The next decision relates to the number of factors to be retained. As the data distribution is significantly not normal, Principle
Axis Factoring (PAF) is preferred as the extraction method. PAF is recommended by Costello & Osborne (2005) to bring
the best results for non-normal data. To determine the number of factors, two methods are considered; 1) eigen one rule
or Kaiser-Guttman, and 2) scree plot graph of the eigenvalues. A predetermine level of cumulative variance is set to a
minimum of 60% representing the satisfactory percentage of variance criterion in social sciences (Hair et al., 2009). It is
known that orthogonal rotations produced factors that are uncorrelated and resulted in a loss of valuable information if the
factors are actually correlated (Costello & Osborne, 2005). Thus, an oblique rotation is preferred for the rotation method as
in the social sciences some correlation among factors is expected (Kock, 2015b). Contrarily, In IBM SPSS 19, direct oblimin
and promax are the available oblique rotation. In this research, promax rotation with the default Kappa (4) is used.
Nine factors emerge with eigenvalues greater than 1, explaining 66.943% of the total variance. The result shows that
66.943% of the common variance shared by the 40 items can be accounted for by nine factors. The scree plot graph also
shows that the last significant break point in the graph shape above the 10th point. This also means that only 9 factors
should be extracted as only factors above and excluding the break point should be retained (Hooper, 2012). When using
oblique rotation, the pattern matrix is examined for factor/item loadings and the factor correlation matrix shows the
correlation among factors. Small coefficients below 0.4 were suppressed so that results will be easier to interpret. An item
with loading less than 0.4 (in the case of sample size, N = 212) on all factors indicates that the item is insignificant and
should be deleted (Hair et al., 2009; Hooper, 2012). An observation is also made to inspect any sign of cross-loading in
which an item with coefficients greater than 0.4 on more than one factor.
Convergent validity is evident with the factor loadings of 0.57 and above on each factor. Convergent validity means that
the items within a single factor are highly correlated (Gaskin, 2012b). Two primary methods are used to determine
discriminant validity, which is the extent to which factors are distinct and uncorrelated. The first method is to examine the
pattern matrix. The rule was that the items should be related more strongly to their own factor than to another factor. If
"cross-loadings" exist (items load on multiple factors), the cross-loadings should differ by more than 0.2 (Gaskin, 2012b).
The pattern matrix shows that there is no significant discriminant validity issue as the result is free from significant cross-
loadings. Secondly, the factor correlation matrix is examined. The factor correlation matrix shows no present of correlation
greater than 0.7, which implied that each factor assesses a unique variable. It is noted that one credibility item does not
load properly with the rest of the credibility instruments. Instead, the item loads on the visual aesthetic and engagement
dimensions. This indicates a face validity issue in which the items that are not theoretically similar in nature, load together
on the same factor (Gaskin, 2012b). Thus, the item is deleted from the list.
The factor labels are revised as several items of six proposed latent variables load on the same factors. The engagement
and visual aesthetic items load significantly together. This may be due to the fact that the users’ perception are made
instantly based on their short impression of the visual design of the website, thus, neglecting the website interactivity. This
new factor is labelled as 'visual engagement'. The items representing reciprocity and commitment also load together, and
labelled as 'gratitude' (being thankful). In theory, reciprocity and commitment are about personal feelings of (1) being
thankful and (2) being committed. This justified the reason of the items sharing the similar variance. Three items of authority,
one item of social proof, and two items of liking significantly load together on another factor. The items of the new factor
are all related to human figures, thus the factor is labelled as 'human persona'. Another two items of social proof are grouped
separately and labelled as 'wisdom of crowds' as the items are related to testimonials or ratings from a large group of
people. The 'visual engagement' factor is re-analysed with a separate EFA and the result shows that only one factor can
be extracted. The factorability of the social influence related factors i.e. gratitude, human persona, wisdom of crowds, and
28
scarcity is also repeated and the result produces the same set of factors as mentioned above. This indicates that the new
factors are stable.
The wisdom of crowds and the satisfaction factors are represented by two items each, which is lower than the general
requirement of 3 items per factor (Costello & Osborne, 2005). However, Hayduk & Littvay (2012) recommend the use of
the few best items. They argue that one or two items are sufficient for latent variable to be included in a structural equation
model. Furthermore, this research is the extension of an existing structural theory and the proposed model will be further
analysed using the Partial Least Squares - Structural Equation Modelling (PLS-SEM). PLS-SEM allows for fewer items (1
or 2) per factor. Thus, the two factors are retained in the research model.
In particular, nine dimensional factor structures for assessing visual persuasion are discovered. Factor analysis is repeated
with 39 items. The result shows slightly lower KMO (0.901), yet communalities index is quite similar with the new range
between 0.470 - 0.829. As any KMO of above 0.9 is marvellous, 39 items are finalised as the instruments to be further
examined with CFA. Internal consistency for each factor is examined using Cronbach’s alpha. The alphas are moderate
and well above the lower limit of 0.70 and none of the item shows increases in alpha if the item is deleted. Corrected item-
total correlations are well above 0.5, and all inter item correlations exceed 0.3; meeting the minimum requirement in Joseph
F Hair et al. (2009). Table 1 shows the EFA's assessment criteria and Table 2 shows the result of EFA and Cronbach's
alpha. The finalised instruments of this research are shown in Table 3.
3.2 Confirmatory Factor Analysis (CFA)

When a satisfactory number of responses required by the research are achieved, the raw data are downloaded from the
Survey Monkey server in Microsoft Excel format. Complying with the ethic's consideration, data from the web server is
deleted once it is secured in a password-protected computer. Data cleaning is carried out, resulted to 290 usable cases in
which 181 responses are from the persuasive sample group. The 39 items retrieved from the EFA section, and four items
of an observed variable that represent the behavioural intention dimension, are re-examined with CFA. The behavioural
intention dimension includes three items that measure the intention to use, to purchase, and to recommend, and one item
to measure the attitude towards the destination. In this section, the factors obtained from EFA are referred as the latent
variables, whereas the term indicator is used to refer to the survey item.
CFA is conducted in conjunction with PLS-SEM analysis using the software called WarpPLS version 5.0. WarpPLS software
provides the users with features of which are not available from other SEM software (Kock, 2015b). The software is the first
to explicitly identify nonlinear functions connecting pairs of latent variables in SEM models and calculate multivariate
coefficients of association accordingly. It is also the first software to provide classic PLS algorithms together with factor-
based PLS algorithms for SEM (Kock, 2014). Factor-based PLS algorithms generated estimates of both true composites
and factors, fully accounting for measurement error. Original PLS design based its model estimation only on the composites;
the linear combinations of indicators (Kock, 2014). Composite based do not take measurement error into consideration.
With composite based the path coefficient tends to be weaker, thus leads to biased model parameter estimates particularly
on the path coefficients and loadings (Kock, 2015a). On the other hand, factor-based incorporates measurement errors.
Factor scores also accounted nonlinearity and estimate best-fitting nonlinear functions which lead to stable and reliable
path coefficients. Moreover, factor-based PLS algorithms combine the precision of covariance-based SEM algorithms under
common factor model assumptions with the nonparametric characteristics of classic PLS algorithms (Kock, 2014). These
advantages enable the data from this research to be analysed as the data distribution is not normal, whereas normality is
a major requirement for CB-SEM software.
There are five main steps to be taken to analyse data with the software (Kock, 2010). Firstly, a project file is created. Then,
the raw data is imported into the software. Data imported into WarpPLS automatically go through data pre-processing. The
software checks and corrects missing values, zero variance problem, identical columns (also known as the indicators)
names, and rank problems. The data are also standardised in step three. Standardised data columns have means that
equal zero and standard deviations that equal one (Kock, 2010). As the pre-process are automatically carried out, it is
crucial to correct missing values prior to importing the data into WarpPLS so that the percentage of corrected missing
values do not exceed 25% as recommended by Sekaran & Bougie (2010). The data used in this research do not appear to
have the respective above mentioned problem.
29
In step four, five reflective latent variables, one formative latent variable, and one observed variables are defined in the
SEM model. All the variables namely informativeness, usability, credibility, satisfaction, visual engagement, and behavioural
intention are assigned with four, three, three, two, eight, and four indicators, respectively. The indicators of reflective latent
variables are expected to be highly correlated with the latent variable score. The social influence latent variable is defined
as the formative latent variable. In the model, social influence is a second-order latent variable in which the indicators are
made of other latent variables; i.e. gratitude, human persona, wisdom of crowds, and scarcity. Thus the indicators of social
influence variable are expected to measure certain attribute of social influence, but they are not expected to be correlated
among themselves. A direct link connects each latent variable to the observed variable. In this software, the variables are
called as the outer model whereas the model links are referred as the inner model. WarpPLS estimates collinearity,
measurement error and composite weights before the SEM analysis is executed in step five. If any of the above mentioned
assessments appears to be too high, users are warned about possible unreliability of the results. In the current research,
none of the issues arise. Based on the analysis with WarpPLS, the validity and reliability of the measurement scales are
assessed in two stages: 1) evaluation of first-order latent constructs, and 2) evaluation of second-order latent constructs.
3.2.1 First-order latent variables' evaluation

Several criteria are being considered during the assessments as shown in Table 4. For reflective constructs, the combined
loadings and cross-loadings provided by WarpPLS software are used to describe the convergent validity of the
measurement scales. Convergent validity can be obtained if the instruments are understood by the respondents in the
same way as they are intended by the researchers (Kock, 2015b). In this respect, two criteria are assessed: 1) the p values
associated with the loadings must be equal to or lower than 0.05 (Kock, 2015b), 2) the loadings must be equal to or greater
than 0.5 (Hair et al., 2009). As shown in Table 5, the p values for all indicators are lower than 0.05, and the loadings for the
indicators of each latent variable are well above 0.5. No significant cross-loading is found, indicating acceptable convergent
validity.
Following the recommendation in Kock (2015b), measurement reliability is assessed with Cronbach's alpha coefficient, and
Dillon–Goldstein rho coefficient (DG's rho), also known as the composite reliability coefficient (Tenenhaus, Vinzi, Chatelin,
& Lauro, 2005). The average variances extracted (AVEs), and the square-root of AVEs are used to assess discriminant
validity, and full collinearity variance inflation factors (VIFs) is used to assess the overall collinearity. Based on Table 6, all
the first-order latent variables exceed all the minimum requirement of reliability, collinearity, and part of discriminant validity
with the Cronbach's alpha and DG's rho coefficients of above 0.7, VIFs of less than 3.3, and AVEs of above 0.5,
respectively. However, the square root of AVEs for gratitude is slightly lower than the correlation of the variable with the
behavioural intent variable. For each latent variable, the square root of the average variance extracted should be higher
than any of the correlations involving that latent variable (Fornell & Larcker, 1981). In the actual research model, gratitude
serves as an indicator to the social influence variable; a formative second-order latent variable. It is noted that formative
latent variable is the most likely to lead to discriminant validity problems (Kock, 2015b). As a second-order variable's
indicator, gratitude is not expected to directly correlate with the intent variable. Therefore, the variable is retained as the
second-order variable will be evaluated separately on the next section.
3.2.2 Second-order latent variable's evaluation

The social influence variable is a formative second-order latent variable. The evaluation of second-order latent variable is
conducted based on the approach used by Schmiedel, vom Brocke, & Recker (2014). Three criteria are assessed: 1) p
values and variance inflation factors (VIF) associated with indicator weights, 2) adequacy coefficient (R2a), and 3)
conceptual redundancy. The p values of indicator weights are the indication that the formative latent variable measurement
items are properly constructed. In this research, all p values meet the desirable requirement for formative indicators of
lower than 0.05 (Kock, 2011). The strength of the relationship between the first-order and the second-order variables are
assessed with the adequacy coefficient (R2a). R2a is calculated by summing the squared correlations (R2) between the
variable and its indicators and dividing by the number of indicators (Mackenzie, Podsakoff, & Podsakoff, 2011). In this case,
the value of R2a for social influence is 0.553 which is greater than the cut off value of 0.50. This indicated that on average,
a majority of the variance in the indicators is shared with the construct. In formative latent variables, indicators are expected
30
to measure different facets of the same construct, which means that they should not be redundant. VIF are used for
redundancy assessment. VIFs below 2.5 are desirable for formative indicators (Kock, 2011); which is met by all indicators
of the research. The assessment for the second-order latent variables is shown in Table 7.
3.2.3 General assessment

A negative weight-loading sign (WLS) of an indicator suggests the existence of a Simpson’s paradox instance (Pearl, 2009;
Wagner, 1982) in the outer model. A Simpson’s paradox instance indicates a causality problem. It is recommended that all
indicators' WLS values be positive, for both formative and reflective latent variables. In this case, all WLS values are equal
to one, which is a positive value. The indicator's effect sizes (ES) shows the extent of contribution it had on the R2
coefficients of the latent variable to which each indicator is associated with. The indicator effects are small, medium, or
large with the usual recommended value of 0.02, 0.15, and 0.35; respectively (Cohen, 1988). Values below 0.02 suggesting
effects that is too weak to be considered relevant, even when the corresponding p values are statistically significant. It is
recommended that all indicator effect sizes be equal to or greater than 0.02, for both formative and reflective latent variables
(Kock, 2015b). In this case, the indicators had the minimum effect size of 0.094, well above recommended value. Based
on the result of the CFA, all measurement scales used in this research are appropriate to be used for further PLS-SEM
analyses.
4.0 Conclusion
This paper demonstrates the EFA and CFA to assess the validity and reliability of the research instruments. In particular,
nine dimensional factor structures for assessing visual persuasion are discovered. The result shows that participants
perceived differently between a general web evaluation and the evaluation specifically based on visual design. This implies
that users' perception varies according to evaluation goals. This also means that the social influence principles by Cialdini
(2007) can be applied to online persuasion, specifically to online visual persuasion. However, the variation of data shows
that the pattern of the data relies heavily on the visual elements used in the study and may be different from the existing
theory. For example, even though the instruments representing the authority, liking, and social proof principles are
theoretically separated, yet the items that relate to human figures tend to load on one factor, while other textual or symbol
cues tend to load on another factor. The findings suggest that the proposed 39 items are valid and reliable for measuring
the persuasiveness of visual persuasion.
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32
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Table 1. Instruments assessment's guide for EFA

Criterion Note Reference
Inter items correlation > 0.3 with at least one other item Hooper (2012),
Kaiser-Meyer-Olkin (KMO) > 0.5 Joseph F Hair et al.
Bartlett’s test of sphericity p < 0.05 (2009)
Communalities > 0.4 Leimeister (2010)
Cumulative variance > 60% Joseph F Hair et al.
Factor loading > 0.4 (sample size > 200) (2009)
Cross-loading < 0.4
significant cross-loadings should differ by more Gaskin (2012b)
than 0.2
Factor correlation matrix < 0.7
Cronbach’s alpha > 0.7 Joseph F Hair et al.
Corrected item-total > 0.5 (2009)
correlations
Table 2. Factor Loadings Based On A Principle Axis Factoring With Promax Rotation, and Cronbach's Alpha for 39 Items
(N = 212)
Pattern Matrix Cronbach's Alpha
Proposed Factors New Factors Item code loadings
Info1 0.672
Info2 0.76
Informativeness 0.869
Info3 0.803
Info4 0.748
Use1 0.961
Usability Use2 0.886 0.835
Use3 0.736
VisEng1 0.7
Visual Aesthetic VisEng2 0.787
VisEng3 0.611
VisEng4 0.466
Visual engagement 0.938
VisEng5 0.745
Engagement VisEng6 0.764
VisEng7 0.844
VisEng8 0.898
Credib1 0.609
Credibility Credib2 0.786 0.715
Credib3 0.695
Satisfy1 0.893
Satisfaction 0.862
Satisfy2 0.873
Gratit1 0.792
Reciprocity Gratit2 0.855
Gratit3 0.726
Gratitude Gratit4 0.712 0.897
Gratit5 0.608
Commitment
Gratit6 0.649
Gratit7 0.638
Person1 0.93
Liking
Persona Person2 0.722 0.889
Authority Person3 0.84
33
Person4 0.727
Person5 0.75
Person6 0.775
Social Proof Crowd1 0.817
Crowds 0.928
Crowd2 0.796
Scarce1 0.596
Scarce2 0.516
Scarcity 0.833
Scarce3 0.94
Scarce4 0.89
Table 3. Finalised Survey's Instruments
Factors Label Web Design Instruments Adopted/adapted/newly Note

constructed
Info1 The information on this website is sufficient. WebMAC Business (Small &
Arnone, 1998)
Info2 The information on this website is useful. Tang (2009)
Informativeness Info3 The information on this website appears to be
relevant and up-to-date. WebMAC Business (Small &
Info4 The travel information on this website appears to Arnone, 1998)
be accurate.
Use1 This website is easy to use.
USE as in Albert & Tullis
Use2 I quickly familiarise myself with this website. (2013)
Usability
Use3 This website makes it easy to go back and forth
Tang (2009)
between pages.
VisEng1 This website has an attractive appearance. WebMAC Business (Small &
Arnone, 1998)
VisEng2 This website has good use of colour and layout. WebMAC Professional
(Small & Arnone, 2000)
VisEng3 The content in this website is well designed.
VisEng4 The varieties of visuals (e.g. text, images,
animation etc.) help to maintain attention. WebMAC Business (Small &
Visual VisEng5 The visuals included in this website enhance the Arnone, 1998)
engagement presentation of the travel information.
VisEng6 This website provides opportunities for
interactivity.
VisEng7 This website stimulates curiosity and exploration WebMAC Professional
(Small & Arnone, 2000)
VisEng8 The main page (i.e. the first webpage) of this
WebMAC Business (Small &
website is interesting enough to continue
Arnone, 1998)
browsing further.
Credib1 I think that this website has sufficient expertise in
providing travel information and services.
Cugelman, Thelwall, &
Credib2 I think some of the information in this website Reverse-
Dawes (2009)
seems suspicious (e.g. misleading, fictitious, or coded
Credibility
made-up information).
Credib3 I need to verify some of the information (e.g. with Reverse-
friends or travel agents) before I can put my trust coded
WebMAC Business (Small &
to this website.
Arnone, 1998)
Satisfy1 This website quickly loads all the text and
graphics.
Satisfaction
Satisfy2 In overall, I am satisfied with this website. USE as in Albert & Tullis
(2013)
Gratit1 I want to give reviews about my past travel
Gratitude Newly constructed
experiences on this website.
34
Gratit2 I want to register as a member of this website. Kim (2008)

Gratit3 I want to receive special offers from this website.
So, I will provide my address or contact number Kim (2008)
if asked by this website.
Gratit4 I will provide my friends' addresses if asked by
this website.
Gratit5 I want to search for travel destinations, flights,
and hotels information on this website.
Gratit6 I am tempted to click on the result links from my
searching activities on this website.
Gratit7 I will visit other related websites that are
recommended by this website (e.g. via image or
web link).
Person1 I will like the website more if I see some pictures
of other people that share something similar with
me on the website (e.g. picture of hikers - if you
like adventurous activity).
Person2 I will like the website more if I see some pictures
of friendly persons on the website.
Person3 I will trust the website more if there are some
Persona pictures of celebrities on the website. Newly constructed
Person4 I will trust the reviews that come from celebrities.
Person5 I will trust the information that come from an
authoritative person (e.g. flight's staff, chef,
representative of local Tourism Ministry etc.).
Person6 I will like the website more if I see familiar faces
on the website (e.g. friends, or friends of friends).
Crowds Crowd1 I will trust the reviews (positive or negative) from
other travellers on the website.
Crowd2 I will trust the information more if I see other
people paid attention to it as well (e.g. number of
'likes' at a Like button).
Scarcity Scarce1 I think that price is one of the most important
information in a travel website.
Scarce2 I think that discount highlight is also important for
a travel website.
Scarce3 I think that I will act fast to purchase a travel
package if I see the 'Limited Offer' or 'Ending
Soon' sign on the advertisement.
Scarce4 I believe that I will be missing out on some good
deals if I fail to act quickly with my purchasing.
Table 4. First-order assessment's guide for WarpPLS
Assessment Criterion Note Reference

Individual item standardised loading on parent Min. of 0.50
Hair et al. (2009)
Convergent validity factor
Loadings with significant p value < 0.05 Kock (2015)
Cronbach's alpha > 0.70
Reliability
Composite reliability > 0.70
More than the correlations Hair et al. (2009)
Square-root of AVE
Discriminant validity of the latent variables
Average variance extracted (AVE) > 0.50
Collinearity Variance Inflation Factor (VIF) < 3.3 Kock (2015)
Table 5. First-Order Latent Variables Loadings, Cross-Loadings, and Cronbach's alpha
35
Intent Usability Informative Engage Satisfy Credibility Gratitude Crowd Scarce Persona P value
Intent1 0.893 0.053 -0.018 0.003 0.057 -0.062 0.132 -0.056 0.061 -0.053 <0.001
Intent2 0.880 -0.004 0.004 -0.084 -0.097 0.047 0.146 0.073 0.019 -0.005 <0.001
Intent3 0.917 -0.012 -0.046 0.085 -0.049 -0.032 -0.025 -0.062 -0.053 0.031 <0.001
Intent4 0.845 -0.038 0.065 -0.007 0.094 0.051 -0.264 0.049 -0.027 0.028 <0.001
Use1 0.181 0.809 -0.025 0.006 -0.116 -0.213 -0.189 -0.003 0.02 -0.051 <0.001
Use2 -0.064 0.879 0.091 0.051 0.015 0.081 0.101 -0.011 -0.092 -0.026 <0.001
Use3 -0.11 0.825 -0.072 -0.06 0.098 0.123 0.078 0.015 0.079 0.078 <0.001
Info1 -0.065 0.071 0.793 -0.009 0.126 0.046 -0.063 0.028 0.152 0.002 <0.001
Info2 -0.213 0.111 0.828 0.117 0.053 -0.039 -0.108 0.158 0.093 0.054 <0.001
Info3 0.068 -0.061 0.838 -0.034 -0.132 -0.1 0.067 -0.057 -0.116 0.006 <0.001
Info4 0.21 -0.119 0.813 -0.076 -0.041 0.097 0.103 -0.129 -0.124 -0.064 <0.001
VisEng1 0.224 -0.061 0.144 0.826 -0.023 0.009 -0.023 0.003 -0.121 -0.148 <0.001
VisEng2 0.013 -0.024 -0.202 0.798 0.091 -0.042 0.023 0.076 -0.103 -0.102 <0.001
VisEng3 0.033 0.077 0.084 0.731 0.028 -0.008 -0.144 0.045 -0.168 0.141 <0.001
VisEng1 0.27 0.006 0.224 0.714 0.086 -0.069 -0.11 -0.215 0.042 0.1 <0.001
VisEng2 -0.26 0.148 0.069 0.805 -0.031 0.118 0.008 0.084 0.181 0.001 <0.001
VisEng3 -0.261 0.062 -0.151 0.767 -0.024 0.122 0.078 0.091 -0.029 0.092 <0.001
VisEng4 -0.268 -0.115 -0.13 0.797 -0.066 -0.114 0.239 0.078 0.131 0.014 <0.001
VisEng5 0.249 -0.077 -0.018 0.849 -0.045 -0.02 -0.085 -0.168 0.055 -0.063 <0.001
Satisfy1 0.025 -0.027 0.031 -0.119 0.898 -0.029 -0.038 0.032 -0.009 0.069 <0.001
Satisfy2 -0.025 0.027 -0.031 0.119 0.898 0.029 0.038 -0.032 0.009 -0.069 <0.001
Credib1 0.016 0.046 0.153 0.217 -0.045 0.743 0.088 0.005 0.11 -0.058 <0.001
Credib2 -0.012 0.016 -0.061 -0.082 -0.084 0.861 -0.119 -0.049 0.065 0.148 <0.001
Credib3 -0.002 -0.059 -0.074 -0.111 0.13 0.818 0.046 0.047 -0.168 -0.103 <0.001
Gratit1 -0.256 -0.123 -0.042 0.072 -0.003 -0.006 0.712 0.222 -0.122 -0.002 <0.001
Gratit2 0.162 -0.168 -0.007 0.144 -0.101 -0.033 0.817 -0.005 -0.178 0.02 <0.001
Gratit3 0.192 -0.055 -0.001 -0.107 -0.142 0.166 0.705 -0.061 -0.162 -0.085 <0.001
Gratit4 0.175 -0.256 -0.2 0.117 0.006 0.185 0.655 -0.075 -0.217 -0.038 <0.001
Gratit5 -0.205 0.243 0.087 -0.064 0.125 -0.03 0.747 -0.075 0.229 0.093 <0.001
Gratit6 -0.064 0.243 -0.017 0.09 0.063 -0.067 0.778 0.009 0.165 -0.034 <0.001
Gratit7 0.005 0.084 0.16 -0.266 0.053 -0.182 0.720 -0.018 0.262 0.037 <0.001
Crowd1 -0.013 -0.003 0.023 -0.031 0.049 -0.016 0.055 0.951 -0.039 0.05 <0.001
Crowd2 0.013 0.003 -0.023 0.031 -0.049 0.016 -0.055 0.951 0.039 -0.05 <0.001
Scarce1 -0.38 0.094 0.182 0.039 0.054 -0.01 0.019 -0.061 0.782 0.141 <0.001
Scarce2 -0.138 0.159 0.081 0.03 0.034 0.054 -0.135 -0.102 0.821 0.058 <0.001
Scarce3 0.197 -0.165 -0.13 -0.07 -0.002 -0.053 0.099 0.07 0.755 -0.126 <0.001
Scarce4 0.365 -0.11 -0.154 -0.004 -0.095 0.005 0.03 0.11 0.718 -0.087 <0.001
Person1 -0.075 -0.061 -0.016 0.05 0.129 0.076 -0.066 0.122 0.12 0.806 <0.001
Person2 0.094 0.05 -0.003 -0.142 0.027 0.221 -0.082 0.19 0.008 0.763 <0.001
Person3 -0.123 0.066 0.017 0.097 -0.025 -0.129 -0.008 -0.323 -0.012 0.727 <0.001
Person4 -0.122 0.071 -0.076 0.016 -0.082 -0.159 0.26 -0.256 -0.055 0.710 <0.001
Person5 0.003 0.055 -0.074 -0.111 0.057 -0.012 -0.055 0.335 -0.045 0.711 <0.001
Person6 0.245 -0.19 0.162 0.097 -0.132 -0.023 -0.035 -0.097 -0.033 0.668 <0.001
Table 6. Assessment of First-Order Latent Variables
Intent Usability Informative Engage Satisfy Credibility Gratitude Crowd Scarce Persona
Cronbach's α 0.907 0.788 0.835 0.912 0.761 0.733 0.857 0.895 0.770 0.826
DG's rho 0.935 0.876 0.890 0.928 0.893 0.850 0.891 0.950 0.853 0.874
Intent 0.884
Usability 0.323 0.838
Informative 0.468 0.423 0.818
Engage 0.716 0.459 0.635 0.787
36
Satisfy 0.360 0.265 0.402 0.513 0.898

Credibility 0.394 0.265 0.279 0.339 0.159 0.809
Gratitude 0.750 0.434 0.512 0.694 0.328 0.380 0.735
Crowd 0.392 0.100 0.254 0.325 0.179 0.179 0.309 0.951
Scarce 0.439 0.293 0.471 0.472 0.227 0.244 0.478 0.160 0.770
Persona 0.417 0.222 0.277 0.382 0.174 0.265 0.404 0.346 0.397 0.732
AVEs 0.782 0.703 0.669 0.619 0.807 0.654 0.540 0.905 0.593 0.536
VIFs 3.007 1.394 1.901 3.269 1.385 1.241 2.832 1.268 1.539 1.400
Table 7. Assessment of Second-Order Variables
Social Influence Type SE P value VIF WLS ES R R2 R2a

*lv_Gratitude 0.480 Formative 0.067 <0.001 1.897 1 0.418 0.871 0.759
*lv_Persona 0.260 Formative 0.071 <0.001 1.973 1 0.206 0.793 0.629
0.553
*lv_Crowds 0.242 Formative 0.071 <0.001 1.381 1 0.134 0.553 0.306
*lv_Scarcity 0.268 Formative 0.07 <0.001 1.817 1 0.193 0.72 0.518
*latent variable indicators
SE: standard error, VIF: variance inflation factors (), WLS: weight-loading signs, ES: effect size, R: correlation coefficient,
R2: squared correlation coefficient, R2a: adequacy coefficient
37
Institutional Work in Total Institutions and the Perspective of the Persons that Have Lived in
Residential Treatment Institutions
Mitja Krajnčan
Boštjan Bajželj
Abstract
Institutional work includes all kinds of psychosocial assistance that offers, to people that need them, living environments and
immediate environments adapted to their age, problems, disorders, and state. The diversity and dilemmas of institutional work
represent the central theoretical discourse that the authors are researching in the explanations of the total institution, the exact
answers regarding the help the youth that involuntarily find themselves in such institutions receive. The continued development
of the discourse logically proceeds into deinstitutionalisation. Semi-structured interviews of adults that have spent their youth
in such institutions represent the empirical part of the research. Extreme psychosocial pressures make the youth deviate away
from goal orientation and the purpose of the institutions’ operations. So, additionally, the authors have gathered a collection of
good and bad experiences to bring attention to the many imperfections that should not be self-evident. The key problems that
people that have stayed in such institutions a decade ago would like to give light to are the non-existence of logic and specific
learning and practical competences that would benefit them in the life outside of the institution. They also stressed the lack of
using the quality relations that had been established in the institution as support in post-treatment.
Keywords: institutional work, total institutions, residential, treatment, institutions
Introduction
Institutional work
In institutional education the educational conditions and interpersonal relationships of children are largely influenced by the
characteristics of organisation: the division of labour, the highly formalised application of rules, and a complex hierarchy
(Wolf, 1995).
The separation of household chores, therapeutic functions, pedagogical functions, and additional divisions of labour within
those areas, is organised division of labour in institutional education. For example, people that are suitably qualified for
household chores such as cleaning, doing laundry, cooking, shopping, maintenance, managing inventory, and gardening,
are responsible for them.
This is also used by institutions that seem to allow completely normal living conditions - by the standards of institutional
education. In this case, the participants are not necessarily aware of the scale of the division of labour. The division only
becomes apparent when a new worker or participant enters the group. This is shown by Günder (1995) in his example of
a new participant who solves everyday problems as he would in real life: while grocery shopping, he buys a light bulb for
the light in the common room, although the light bulbs are exclusively bought by the caretaker and are paid for from the
collective budget.
What is institutional work? Weezel and Waaldijk (2002) suggest that it is a kind of psychosocial assistance, where living
environments and immediate environments are adapted to the person’s age, problems, disorders, and state are offered to
those that need them. Institutional work is about:
- the cohabitation of a specific number of people that have not chosen each other as participants
- organised, more or less artificial immediate environment
- absence from home, whatever that constitutes for each individual
- slight or significant distancing from the local community
- the all-encompassing duality of the employees and the participants
- the dependency of the participants or visitors on the frame of mind, mood, presence, expertise, and strength of
the staff that used to be undisclosed
38
It is important that we solve the following dilemmas (Weezel, L.G, Waaldijk, K., 2002, p. 22):
1. the division between two sides – openness and reserve
2. the definition of the amount of discipline and freedom
3. a strong focus on the group or a strong focus on the individual
4. the length of staying at an institution
5. prioritising the provision of a place to live or psychotherapy or educational services
6. working with an individual in the institution or working with an entire network, i.e. the family
7. the polarity between a spontaneous, more or less natural community or a detailed, carefully planned organisation
8. the polarity between questionable directions – the social exclusion of “bad”, “dangerous” individuals and the
provision of a warm immediate environment
It is difficult to formulate what the main goal is and what the best approach is in institutional work for both theoreticians and
those who put the theory into practice.
We can presume that residential treatment centres are still being ignored by the society, who cannot or does not want to
try and find other ways that would allow them to integrate into the immediate environment better.
Total institutions
Goffman defines total institutions as those institutions that completely take-over the time and the activities of its members,
so to say, all of the aspects of an individual’s life (residence, work, fun, recreation, etc.). It is all-encompassing, which is
also symbolised by the barriers that such institutions have, for example psychiatric hospitals, prisons, barracks, and
convents usually have some sort of a barrier that separates them from the outside world (1991, 16-17). The inmates bring
their culture, habits, and sense of self into the institution, all of which was taken for granted until the admission to the
institution. After being admitted the inmates do not receive a new culture in change for their culture, so acculturation is not
exactly the right term to describe this process. This is more a process of unlearning and “dis-culturation” so to speak, due
to being absent from society for a longer period of time. The point of a total institution is not to defeat the culture of the
inmates, as the tension between the home world and the institution world is the most important strategic lever that helps to
manage the inmates (ibid. 23-24, Flaker 1988, 79). Admission to an institution robs a person of most of the stability that
enabled a sense of an identity. With a series of systemic arrangements “the self” changes, mortifies, and severe changes
in the person’s moral career occur regarding personal beliefs about themselves and significant others. These are only a
few of the changes that accompany the modification of an individual’s story about himself.
The described processes of modifications and adjustments an individual goes through when being admitted to a total
institution touch upon the issue of the modification of identities and stories about yourself. Where do story-telling and
shaping an individual’s identity come together? Narrative structures allow us to express ourselves and the vastness of
fragmented experiences that substantiate our lives; everything is put into some kind of order. There is no other mechanism
for structuring experiences that would appropriately present the sense of time that somebody had lived in (Plummer 2001,
Ricoeur 2003). Creating a narrative order is essential for giving life a sense, keeping the feeling of self-consistency, and
planning for the future. With establishing order and life events interconnecting, our life becomes easier to understand and
more manageable. People construct and change their reality, build their identity, and direct their actions towards the future
by telling their biographies. Making up stories about yourself is a part of the daily work with the identity of an individual in
which the individual reflects his experiences from different perspectives of his identity. The identity of the self is not a typical
trait or a combination of the individual’s trait, but the self that the person reflexively understands within his biography. The
narrativity of identity is the essential means of the individual with which he obtains the integrity of his identity (Ule 2000,
196).
Institutional stories repeat themselves and produce repetitive knowledge. With this they create an institutional memory, but
at the same time this is a case of forgetting. By performing anamnesis, the experiences of the patients are left out with their
power, story, and knowledge taken away. As Goffman explains, this is necessary for easier management of people.
Foucault states that the transformation of the individual into a, for example, person with a delinquent career enabled
disciplines to create a system in which the individual is seen by the use of documentary objectification and visibility. We put
39
the individual into a documentary field where he receives a record and thus becomes a case. With this, we achieve that the
individuals become visible, and after their visibility is established they can be differentiated and sanctioned. The
objectification of visibility duplicates in written reports. Each individual receives his document, identity card, and number;
disciplinary institutions receive their registers, records, and so on (Foucault, 1984).
Behaviourally disturbed adolescents
The consideration of a child for this kind of care calls for familiarity with the child’s biography. Psychosocial and
hermeneutical diagnostics are helpful. Classifications of behavioural and emotional difficulties are necessary because they
build a bridge between:
- detection and diagnostics,
- triage,
- the course of education or psychosocial assistance, and
- social integration as the goal of the assistance.
Systematic action calls for categorisation as the basis for data analysis and its systematic evaluation, where it is particularly
important to examine the family system. Even if the expert does adhere to a specifically set type of classification or
systematisation in his approach, he relies on his own knowledge, derived from experience. Post (1997, p. 79) calls these
facts inescapable and unavoidable. In professional communication, even subjective concepts can be useful if it is clear how
information from various areas was acquired. The necessary data is revealed by the central question: on the basis of which
reasons and in which particular fields is educational assistance required because the parents are not providing adequate
upbringing? Along with the explanations of the current problems, finding links and explanations in the child’s biography is
always important (certain illnesses, preoccupation and strain, crumbling relationships and other relationship disorders, for
example separation). In general, the status of the family, the social environment, financial, material, and housing conditions
have a significant influence on the child’s or adolescent’s development. The educational style of the parents, their
educational capabilities and upbringing in general must not be overlooked. The data must clarify evaluation concepts and
educational goals, common points and differences, mistakes, drawbacks, and disturbances. Extra care has to be taken in
evaluating the individuals’ behaviour to establish that behavioural disorders are not just the result of the nature of a particular
situation.
The following is a shortened presentation of Bregant’s classification.
Bregant’s etiological classification schematic of dissocial disorders is based on the research findings and models of
dissocial disorders found in A. Aichorn, G. H. Brandt, F. Redl, I. Bennet, A. Dührssen and E. Künzl (In Bregant 1987).
Bregant (1987, p. 8) divides the etiological classification of dissocial disorders into five groups:
1. situational, reactively caused disorder caused by severe strain with a normal personality structure;
2. secondary peristatic disorder caused by disruptions in emotional development
3. with a neurotic personality structure,
4. with a dissocial personality structure;
5. primary peristatic disorder caused by direct environmental corruption and deception;
6. primary, biologically conditioned disorder caused by a damaged central nervous system and psychosis;
7. developmental impairment without the presence of dissocial disorders.
Indicators which influence behavioural and emotional disorders that are explored in the majority of the research (Blandow
2000, Bürger 1998a, Farrington 2001b, Myschker 2002, Ule 2000) have been divided into the following groups:
- socio-economic circumstances (demographic characteristics, population density in the region, unemployment,
housing conditions and spatial concentration of social deprivation);
- family (structure, relationships, lifestyle, single parenthood, education, migration);
- school (productivity and efficiency – criteria for children’s success rates (Thiersch 1998), education as risk (Beck
2003), reinforcement of social differences (Ule 2000);
40
- personality characteristics (differences in constitution, particular personal features, endogenous specifics of a

person's reactivity (cannot be classified as mental illnesses or as organic brain dysfunctions). Intelligence is also
often singled out as a factor. Elliott (2002) claims that intelligence varies with delinquents in the same manner
as with the general population.)
- Peers (youth subcultures, aimless groups, supportive groups... (Ule 2000).
Children that have grown up separated from their families have been due to the separation deprived of certain rights that
are otherwise guaranteed to children and this makes them particularly vulnerable (Žižak and Vizek Vidović, 2004).
Žižak, Koller Trbović and Jeđud (2005) talk about the triple transition of this particular group of children. The first is the
transition on a personal level, that is, a child becoming an adult, and the second is a social transition that is related to the
broader circumstances of the society in which we live and is so marked by insecurity. These two transitions are typical for
all youth, while the third transition is characteristic of the youth that live separated from their families and is related to the
transition from living in an institution to living independently. The point when young people leave their families and gain
independence is getting more and more delayed and young people in Western societies begin independent life in their late
twenties or even early thirties. Arnett (2007) talks about a new phase of growing up that he calls emerging adulthood. The
youth that grow up separated from their families do not have this luxury or as Mržek and Krajnčan (2010) say – the system
of social interventions does not follow these social changes.
Methodology
The goals and the methods
The following research is based on a qualitative approach that enables the understanding of the daily lives of individuals.
The research mainly focuses on how individuals understand and experience themselves, their environment the surround
world, which allows a person to discover a new reality (Mesec, 1998).
The general goal of this research is to gain insight into the perspective of youths who lived in the residential treatment
centre, while focussing on their admission, the relationship of the institution and on their independent lives after leaving the
centre. Aside from the general goal, the specific goals are as follows:
- To strengthen and describe the experiences of youths related to life in the residential treatment centre
- To acquire the competencies required for an independent life after leaving the residential treatment centre
The participants in the research
The selection of the participants in the qualitative research is based on a random sample. Because the focus is on the
experiences of a person’s independent life after leaving the residential treatment centre, the key informers are those who
have previously lived in a residential treatment centre. The research involves seven individuals from three different
residential treatment centres in Slovenia (Vzgojni zavod Veržej, Vzgojni zavod Višnja gora and Vzgojni zavod Logatec),
four of them male and three female. They lived in a residential treatment centre for a period of two to seven years. The
participants’ average time spent living in a residential treatment centre is 5.11 years. When the research was conducted,
five individuals, all of whom were female, already lived independent lives. One individual lived with his parents, while one
was in prison. The average age of the participant when the research was carried out was 29.7 years.
The method of acquiring the data

The data have been gathered by means of a semi-structured interview, which was composed specifically for this research.
Prior to this interview, an informal talk was held in which the participants were introduced to the goals and methods of the
research. All of the participants gave consent for participating in the research, and the interviews, all of which are recorded,
were done individually. All interviewees were able to check the transcribed interviews with the possibility of expanding,
41
clarifying and correcting the transcription. None of the interviewees chose to do so. Most, however, have expressed the
wish to see the interviewer a second time and to be informed as to the results of the research.
The method of processing the data

In relation to the processing of the data, what has been used, aside from the research, is a qualitative textual analysis
whose goal is to summarise, structure, understand, and explain the empirical material gathered in the process of data
acquisition (Novak and Koller Trbović, 2005). The data has been processed in accordance with the following steps:
1. A reading of the transcribed interview
2. Assigning codes to original statements
3. Combining codes into abstract categories
4. Merging the categories under superordinate fields
5. Interpreting the data in accordance with the fields and their respective categories
Displaying the results and discussion

The data are displayed on the basis of the field and its subordinate categories, where the participants’ quotations are used
to support the results. The processing of data has highlighted two larger fields; or rather, it has been shown that individuals
speak about two phases in their lives, the first relating to the time spent in the centre and the second to their subsequent
independent lives. The youths describe their independent lives through concrete experiences, as well as through their
expectations.
Living in the Centre

Anxieties about what it is going to be like / problems on arrival
On arriving, I knew nothing. What living was going to be like was described to me on the tour, but I didn’t remember anything
about the building. What’s more, everything seemed different to me. I didn’t know where this place was and, in the end, I
thought it was at the end of the world. I didn’t know anyone in the group and I thought that I was getting on everyone’s
nerves. I felt as though everyone was judging me, or that everyone wanted to do something bad to me, or steal something
from me. My room was wonderful. I had wonderful feelings about the bed that I would be assigned and about how everything
was neat and tidy. I also remember the TV. And everything was so tidy.
1. Being ill-prepared for the system
2. Having a positive attitude to the living conditions (even if they are bothered by the distance from home)
Problems pertaining to understanding rules
Everything we had to do was utterly illogical. On 21 December and 21 June we had to be in bed by 21:00!? We had no
influence over the rules. The rules there have been the same for the past 30 years, according to older residents. The rules
are also very untrue to life. I don’t understand why we had to do everything so rigidly; even some of the educators were
baffled. We worked not knowing what for, and cleaned only because it was time to do so despite everything being spotless.
The rules are not true to life and aren’t accepted by the residing youths
Problems with other youths / violence and initiation
I had to be in the same bedroom with a girl who I didn’t like at all. I immediately felt that others were plotting against me. I
had the feeling that someone would do something bad to me. I couldn’t close my eyes throughout the whole night. When I
heard of the initiation, I was scared. I got diarrhoea. Then they told me who was boss and that I shouldn’t even think of
42
doing anything without telling him prior. The initiation comprised of me searching for sausages blindfolded. I’d never been
so humiliated in my life. They acted aggressively towards me and took everything nice I’d brought with me. Things eventually
started settling down, but the beginning was hard.
Institutionalised initiation rituals
Accepting and rejecting educators, who ranged from very good to those who punished without cause
I was lucky because I got an educator who was like a mother to me. Another educator was new and young and
inexperienced. I couldn’t get used to him wanting something from me, as he was weird. The educators were cool, even
though some of them humiliated us whenever we did something not to their liking. The educator was a great help to me, I
liked him very much. It’s a pity he wasn’t there when I left the centre. I was lucky not to fall in the clutches of the boss, who
was the scariest person ever. Some of them even beat us. My two educators meant everything to me after I’d accepted
them.
I soon got the hang of everything – what I needed to say to someone, how I needed to behave in front of someone, and
how to treat the other residents. I knew completely the ins and outs of the centre. As much as I wanted to go home, I equally
afraid, afraid of my parents, afraid of the group of people I used to hung out with and with whom we did everything
imaginable, and afraid of boys, who now saw me differently. At the centre, you only needed to know when to be quiet and
when to speak up, when to be at the right place, etc. Everything I learnt at the centre was completely useless once I started
living independently. The centre was the world to me. When I was seven, I was so scared of leaving – I couldn’t even
imagine what it’s going to be like, even though I wanted to go home.
1. Educators play an important part in the development of a child. One of the main drawbacks is that they cannot
continue being as supportive after the child leaves the institution
2. Learning to leaving at the centre, inadequate skills after leaving the centre
3. A wish for and fear of leaving
4.
Independent life
An unpromising life without a job, without positive age mates and a lack of money
When I started living independently I felt completely lost. I thought I wouldn’t be able to cope with it. I think I would’ve left
with the first man who’d tell me he’d have me. I thought everyone knew that I was a kid from a residential centre. No one
wanted to give me a job. I thought of going back to Ljubljana, but I didn’t know where exactly I’d go to and how I’d do it and
I didn’t have any money. My ex-schoolmates where either students or already working, while I thought life was over for me
after five years of being away. I wanted to start living at the residential centre again, and I even considered suicide. This
wasn’t the life I was imagining – it was a nightmare. It was horrible – only after five years was I able to prove myself as
being capable of (car) refinishing. It was easier after that. If my brother hadn’t supported me, I’d definitely have gone astray
again. They should have given us someone who we were used to. This was the hardest time in my life, even harder than
when I had first arrived at that damned centre. I didn’t see my social worker once. That Centre for Social Services was
good for nothing else than giving me a ride and officialising my release. They function as nothing other than an end in itself.
1. In the post-treatment period, youths are insufficiently helped by both the centre and the responsible persons on
the one hand and by the professional Social Services on the other
2. The youths lack financial, as well as human, support
What is apparent is that despite modernisation, progress, and research results, post-treatment care is still the weakest kind
of intervention (Koller Trbović and Mirosavljević, 2005), which should be improved upon in the future.
In a study conducted in Great Britain (Amanfo, Bowley and Miller, 2008), the youths state the following factors they see as
important in connection with growing up in out-of-home care and the time spent living independently: the support by and
relationships with important persons (that is, knowing that someone cares for them) that they can trust, ask for advice,
information, encouragement, and motivation. They also cite a feeling of certainty and control over their lives and choice
being a possibility. The authors of the research believe that the key factor for the youths is those experts who truly cared
for them. A similar claim is made by Žižak et al. (2012), who conducted research on children living in foster care. The
43
researchers emphasise the importance of the relationship between a child and an expert, and consequently require that an
expert, aside from being formally competent, be capable of showing true human regard for a child and his or her life. Other
studies based on youths in foster care have been done that emphasise the importance of such a relationship (e.g. Greenen
and Powers, 2007). Aside from respecting the importance of the relationship between experts and youths, what is important
is strengthen and encourage the youths’ ability to establish other relationships outside of the confines of an institution
(Sladović Franz and Mujkanović, 2003).
Conclusion
On the basis of the available literature and results of this research, we can justifiably speak of the importance of researching
the youths’ transition from out-of-home care into independency, with such research being especially focussed on authentic
experiences (that is, the users’ perception). We believe that such data are especially helpful in the sense that they are
authentic information about experiences and feelings that researchers and experts can only speculate on. The insight into
the users’ perception of independent life shows a multi-layered attainment of independence, which is, on the one hand,
difficult, and on the other, filled with feelings of success and a real, on-going, confrontation with daily life. Such research
familiarises us with the parts of a person’s daily life, shows us that children see institutions positively in spite of criticism
and a trend towards deinstitutionalisation which is affecting many institutions. It is not only important where a child is living,
but also how he or she is living. If he or she has the chance of establishing a healthy relationship and get the feeling that
he or she is important to someone, an institution can be an effective springboard for his or her future life.
The results of our research (as well as those of others) unveil the relatively inadequate nature of social networks mentioned
by the youths. In connection with this, it is believed that the youths have, aside from formal interventions, the help of experts
whose objective is to offer them support and help them expand their social networks. For this reason, certain foreign
practitioners employ the so-called alumni – groups where former users can meet and whose goal is to offer help and
mentorship and ease the transition into independence. One of the mentorship programmes for youths leaving care is the
British Prince’s Trust Leaving Care Initiative (Leaving care Mentoring, b.d.), which offers youths the chance to understand
their mentors as an integral part in their independent lives – the mentors, in turn, offer their wards accessibility, attention,
and informality in comparison with experts. The youths have especially emphasised the importance of a mentor’s help in
connection with issues pertaining to interpersonal relationships, a feeling of self-respect and an emotional well-being. We
highlight the importance of investing in the strengthening of an active participation on the part of the youths with the aim of
increasing the feeling of responsibility and control over their lives. We also believe that the youths’ inclusion in projects
exploring their perspective and the changing (i.e. improving) of their lives further strengthens the possibility of an active
participation in society.
An important realisation is that the network should be homogenised so as to offer actual support to youths leaving
institutions, to those coming from specific furrows of total institutions, and that accept their new home and new important
people but find themselves alone upon leaving.
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perspektive udomiteljstva s preporukama
45
Gender Equity at Work and the Role of the Legal Factors in Albania
Alma Hoti, PhD Cand.

European University of Tirana,Albania
ab.hoti @yahoo.com
Abstract
Gender equity in general, and gender equity in the context of workand work relations, has been and remains an important
issue, which is sensitive and open for debate.For many scholars the gender equity is the product of social nature factors and
those of economic nature . There are also many scholars who associate the degree of gender equity to the role of national or
international legal factors, which consist in the role of instruments, actors, and legal institutions. What could explain the upward-
downward dynamics of Gender Equity at Work (GEW) observed in Albania? The extent at which the legal factors have
determined the dynamics of GEW in Albania reflects the role and degree of influence of the legal instruments, the legislative,
the executive, and judiciary. What we observed in the case of Albania are two realities: 1) the availability of the necessary tools
guaranteeing the GEW and 2) the active role of the legislature, the judiciary and the executive. This paper analyzes the role of
instruments, legislative laws, acts of the executive, and the judiciary decisions for the period 2006-2014, and it concludes that
although legal factors have a positive impact in guaranteeing GEW, the latter and its upward-downward trends in Albania, more
than with the role and influence of legal factors can and should be explained with the role and influence of social and cultural
factors. Gender equity at work in Albania, more than a matter of instruments, laws of the legislative, acts of the executive, or
judicial decisions, it remains at a considerable degree a matter of culture and behavior of the individual on a personal level, of
the social group , or that of the state institutions.
Keywords: Gender equity at work , the legislative , the executive, the judiciary
INTRODUCTION
Gender equity in general, and gender equity in the context of workand work relations, has been and remains an important
issue, which is sensitive and open for debate. Problems in gender relations and respect for gender equity are observed in
a number of countries.1 However, what distinguishes these countries are the differences in the level as well as tendency
over time. World Economic Forum (WEF) measures the level and tendencies of gender equity in two ways: 1) as a
combination of fields of economy, education, health, and political representation, and 2) according to a specific field2.
Although in the time period 2006-2014 Albania shows an increase of the CGE level3, when it is compared with other
countries of the world, its performance results to be weaker, which is shown in its ranking.4 However, when analyzing
performance data of Albania for GEW the dynamic appears to be even more problematic. In 2014, Albania reflected not
only a low level of GEW compared to 2006,5 but also a poorer performance compared with many other countries. 6 In this
paper gender equity measured in the four areas mentioned above as a single coefficient will be known as the Combined
1 The latest report of the World Economic Forum (WEF), presented in 2014, observed Gender Equity in 142 countries.
2 See World Economic Forum 2006-2014 Reports by Ricardo Hausmann, Laura D. Tyson, Yasmina Bekhouche, and Saadia Zahidi.
3 In 2006, the coefficient of the CGE in Albania was 0.6607 and in 2014 it was 0.6870. So, Albania has a slight improvement the CGE
level with +0.0263, or 3.98%.

4 In 2006, among the 115 countries surveyed, Albania was ranked the 61st and left behind 47% of the countries, while in 2014, among
the 142 countries surveyed, Albania was ranked the 83d and left behind 42% of the countries observed. This shows that Albania has
performed worse than at least 5% of countries observed which had had a low coefficient of the CGE before.
5 In 2006 the coefficient of GEW in Albania was 0.6610, whereas in 2014 it was 0.6530. thus Albania reflects a decline, though a slight
one, of the CGE with -0.0080, or 1.21%.

6 In 2006, among the 115 countries surveyed Albania was ranked the 38th and left behind 67% of the countries, while in 2014, among
142 countries surveyed Albania was ranked the 78th and left behind only 45% of the countries surveyed. Thus, Albania’s performance
was weaker than at least 22% of the surveyed countries which previously had a bad coefficient of the GEW compared to that of Albania.
46
Gender Equity (CGE), while gender equity measured in terms of employment and labor relations will be known as Gender
Equity at Work(GEW).
Based not only on the level and tendencies that were observed in the case of GEW and not only when analyzed as a
separate area but also when compared with CGE, two questions can be raised about GEW. What could explain the
dynamics that characterizes GEW, both as level or as tendency? What could explain the significant increase of the observed
GEW -whether in the period of 2008-2011, or in 2014? What about the significant decline seen in the period 2011-2013,
what can explain it? To what extent can either the decline or increase of GEW be explained with the role of the legal factors?
These questions are the focus of this paper which analyzes the GEW dynamics in Albania from a legal perspective. This
paper is structured in the following way. The next section analyzes gender equity at work the role, and influence of the legal
instruments in Albania The second section analyzes the facts observed in the Albanian reality in the periods 2008-2011
and 2011-2013. The analysis aims at shedding light on the degree of the responsibility of the legal factors in Albania for
the upward and downward dynamics observed with regard to GEW. This paper closes with conclusions. Based on the
analysis of concrete cases related to GEW, the conclusions will provide an explanation whether the observed dynamics
should be attributed to legal factors or other factors.
A brief overview of the literature.

Many researchers, despite their perspective of the analysis, consider gender equity very important because of its impact.
From a social standpoint, gender equity affects the quality of life of people, the state of social welfare, health insurance, the
capacity of the state to provide social assistance, or human capital,1 and from an economic perspective, it affects the quality
of human resources, labor cost, business development, or relations with customers.2 Gender equity in the private sector
affects the recruitment of talent,3 business performance, or quality of customer service,4 while in the context of work, it
affects economic growth, worker productivity, human resources, business development, tax revenues to the state budget,
or the social security system.5
There are also many scholars who associate the degree of gender equity to the role of national or international legal factors,
which consist in the role of instruments, actors, and legal institutions. At the international level, legal instruments include
1 Karen Kraal, John Wrench, Judith Roosblad and Patrick Simon (2009), “The ideal of equal opportunities and the practice of unequal
chances,” pp.10-11, in Karen Kraal, Judith Roosblad, and John Wrench (eds) (2009), Equal Opportunities and Ethnic Inequity in
European Labor Markets: Discrimination, Gender, and Policies of Diversity, Amsterdam University Press.
2 Lewis, S. and J. Lewis (1996). The work-family challenge. London: Sage Publications; Brekel, C. van den, M. van Klaveren and K.
Tijdens. (1999), The Absence of Women in the ICT-sector.

3 Hsieh, C. T., E. Hurst, C. I. Jones, and P. J. Klenow (2012), The allocation of talent and US economic growth, unpublished manuscript.
4 Carter, D., B. Simkins, and G. Simpson (2003), “Corporate governance, board diversity, and firm value,” Financial Review, Vol. 38, No.
1, pp. 33-53; McKinsey and Company (2008), “A business case for women,” McKinsey Quarterly, September; Adams, R. B. and D.
Ferreira (2009), “Women in the boardroom and their impact on governance and performance,” Journal of Financial Economics, Vol. 94,
No. 2, pp. 291-309; Terjesen, S., R. Sealy and V. Singh (2009), “Women directors on corporate boards: A review and research agenda,”
Corporate Governance: An International Review, Vol. 17, No. 3, pp. 320-337; Adams, R. B. dhe P. Funk (2009), “Beyond the glass
ceiling: Does gender matter?”, UPF Working Paper Series, ECGI – Finance Working Paper, No. 273/2010 European Corporate
Governance Institute, Brussels, available at http://ssrn.com.abstract=1475151; Dezso, C. L. and D. G. Ross (2011), “Does female
representation in top management improve firm performance? A panel data investigation,” Robert H. Smith School Research Paper, No.
RHS06-104, available at http://ssrn.com/abstract=1088182; Nielsen, S. and M, Huse (2010), “The contribution of women on boards of
directors: Going beyond the surface,” Corporate Governance: An International Review, Vol. 18, No. 2, pp. 136-148.
5 Karen Kraal, John Wrench, Judith Roosblad and Patrick Simon (2009), “The ideal of equal opportunities and the practice of unequal
chances,” p. 24 in Karen Kraal, Judith Roosblad, and John Wrench (eds) (2009) Equal Opportunities and Ethnic Inequity in European
Labor Markets: Discrimination, Gender, and Policies of Diversity, Amsterdam University Press.
47
the treaties,1 conventions,2 norms, statements and recommendations,3 while actors and institutions include international
courts and organizations, international committees and commissions, and national states members of international
organizations.4 In a national level, legal instruments include the constitution, national laws, codes, and governmental
policies,5 whereas actors and institutions include the legislative and parliamentary commissions, the executive and public
agencies, as well as the judicial system represented by the courts and the judges. 6 Those researchers who highlight the
role of the legal factors, attribute the positive impact and the contribute in the improvement and increase of gender equity
to such factors.7 There are researchers who give precedence to the international instruments,8 because they see them as
a reference point for the states in formulating their national instruments. Other researchers emphasize the role of actors,
giving priority especially to the national actors, and specifically to the legislative,9 as the role and impact of international
instruments is likely to be greater when national states reflect them in the changes that the national parliament makes in
the legislation on gender equity, compared to cases when the national states do not express the will to change legislation.
There are also some who bind the effect of legal factors on gender equity with the clear or unclear definition of gender
equity standards,10 the reflection of these standards in national instruments, the acceptance or lack of acceptance of the
gender equity standards from the national actors,11 respect or lack of respect for these standards by the national actors, as
1 Emilie M Hafner-Burton and Kiyoteru Tsutsui (2007), “Justice Lost! The Failure of International Human Rights Law to Matter Where
Needed Most,” Journal of Peace Research, Vol. 44, pp. 407-425.
2 Suzanne Zwingel (2005), How do international women’s rights norms become effective in domestic contexts? An analysis of the
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), Doctoral Dissertation, Ruhr-University Bochum,
http://wwwbrs.ub.ruhrunibochum.de/netahtml/HSS/Diss/ZwingelSusanne/diss.pdf; Beth A. Simmons (2009), Mobilizing for Human
Rights,Cambridge: Cambridge University Press; Andrew C. Byrnes and Marsha Freeman (2012), “The Impact of the CEDAW
Convention: Paths to Equity,” UNSW Law Research, Paper No. 2012-7, February 20, 2012, p. 5.
3 Liu Dongxiao and Elizabeth Heger Boyle (2001), “Making the Case: The Women’s Convention and Equal Employment Opportunity in
Japan” International Journal of Comparative Sociology, Vol. 42, pp. 389-404; Petrice R. Flowers (2009), “Gender Equity and Women’s
Employment,” Chapter 4, pp. 69-112, in RefuGEWs, Women and Weapons: International Norm Adoption and Compliance in Japan,
Stanford: Stanford University Press.
4 International Law Association (2002), Report of the Seventieth Conference, New Delhi, pp. 507-555; International Law Association
(2002), Final report on the impact of the United Nations treaty bodies on the work of national courts and tribunals; International Law
Association (2004), Report of the Seventy-First Conference, Berlin, pp. 621-687; Emerton, Robyn. and Kristine Adams, Andrew Byrnes,
Jane Connors (2201), International Women’s Rights Cases, Routledge Cavendish; Andrew C. Byrnes and Marsha Freeman, “The
Impact of the CEDAW Convention: Paths to Equity,” UNSW Law Research, Paper No. 2012-7, February 20, 2012, p. 1.
5 Ilana Landsberg-Lewis (eds.) (1998), Bringing equity home: Implementing the convention on the elimination of all forms of
discrimination against women, CEDAW, UNDP for Women, New York; Visser, J., T. Wilthagen, R. Beltzer and E. Koot-van der Putte
(2004), “The Netherlands: from Atypicality to a Typicality”, in S. Sciarra, P. Davies and M. Freedland (eds.), Employment Policy and the
Regulation of Part-time Work in the European Union, A Comparative Analysis, Cambridge University Press, Cambridge, pp. 190-223.
6Andrew C. Byrnes and Marsha Freeman, “The Impact of the CEDAW Convention: Paths to Equity,” UNSW Law Research, Paper No.
2012-7, February 20, 2012, p. 4; OECD (2012), Part I, Chapter 3, “Embedding gender equity in Public Policy,” pp. 37-44, in Closing the
gender gap: Act now, OECD, Paris, France.
7 Andrew C. Byrnes and Marsha Freeman, “The Impact of the CEDAW Convention: Paths to Equity,” UNSW Law Research, Paper No.
2012-7, February 20, 2012, p. 2.

8 Oona Hathaway (2002), “Do Human Rights Treaties Make a Difference?” Yale Law Journal, Vol. 112, p. 1935; Ryan Goodman and
Derek Jinks (2003), “Measuring the Effects of Human Rights Treaties,” European Journal of International Law, Vol. 14, pp. 171-183;
Varun Gauri (2011), “The Cost of Complying with Human Rights Treaties: the Convention on the Rights of the Child and Basic
Immunization,” Review of International Organizations, Vol. 6, pp. 33-56; Andrew C. Byrnes and Marsha Freeman, “The Impact of the
CEDAW Convention: Paths to Equity,” UNSW Law Research, Paper No. 2012-7, February 20, 2012, pp. 5-6.
9 Andrew C. Byrnes and Marsha Freeman, “The Impact of the CEDAW Convention: Paths to Equity,” UNSW Law Research, Paper No.
2012-7, February 20, 2012, pp. 3-4.

10 Byrnes, Andrew (1997): “Human Rights Instruments,” in pp. 50-55, in Andrew Byrnes, Jane Connors, and Lum Bik (eds), Advancing
the human rights of women: Using international human rights standards in domestic litigation, the Centre for Comparative and Public
Law, the University of Hong Kong; Goonesekere, Savitri (2000) “Gender-specific Norms and Standards,” in A right-based approach to
realizing gender equity, Paper, UN Division for the advancement of women;
11 Flavia Agnes (1997), “The domestic application of international human rights norms relevant to women’s human rights: Strategies of
law reform in the Indian context,” pp. 101-113, in Andrew Byrnes, Jane Connors, and Lum Bik (eds), Advancing the human rights of
women: Using international human rights standards in domestic litigation, the Centre for Comparative and Public Law, the University of
Hong Kong.
48
well as the implementation of decisions in cases of conflicts with gender character by the national institutions, the society
in general, or by the specific segments and individuals.1
This paper examines gender equity at work and its dynamics based on three indicators: 1) participation at work, 2) working
positions, and 3) salary. Departing from the coefficient that the report of the World Economic Forum (WEF) attaches to the
gender equity at work in Albania, the latter is characterized by an increase over the period of 2008-2011, a decline during
the period of 2011-2013 and another increase in 2013-2014. The INSTAT data provide a more detailed picture of the
dynamics of GEW in three measuring indicators. In the period of decline in 2011-2013, GEW regarding participation at work
reflected deterioration either as level or as tendency. In 2013 the level of gender gap regarding participation at work exceeds
20%.2 In the period of decline in 2011-2013, GEW in Albania in terms of the range of positions and sectors that employ
women they appeared to be either stable or worsened. According to INSTAT data, men dominate over women not only
from the number of positions and sectors occupied by them, 3 but also in the percentage within a specific sector.4This paper
tries to see if the increasing or decreasing dynamics of the level of GEW that are observed in Albania in the periods of
2008-2011, 2011-2013, and 2013-2014, can be explained by the role of the internal Albanian legal factors.The extent at
which the legal factors have determined the dynamics of GEW in Albania reflects the role and degree of influence of the
legal instruments, the legislative, the executive, and judiciary. What we observed in the case of Albania are two realities:
1) the availability of the necessary tools guaranteeing the GEW and 2) the active role of the legislature, the judiciary and
the executive.
1.1 Gender equity at work, the role, and influence of the legal instruments in Albania
Two facts are observed in the case of Albania. Firstly, that Albania possessed the national instruments that protect GEW
even before 2006. Table 6 summarizes all national instruments, according to the legal hierarchy, available to the protection
of gender equity at work.
TABLE 6 - National Instruments Available to GEW
Instrument Articles that cover the GEW
The Constitution of the Republic of Albania 17, 18, 42, 43, 49, 54/1, 101, 131/a/f, 132, 134/g,
The Labor Code 105/a, 107, 141, 143, 144, 146/1, 202/2,
Administrative Procedure Code 116c, 117
Civil Procedure Code 31, 32, 36, 47, 153, 154, 610
Civil Code 608, 625
Secondly, we note that during the period 2006-2014, Albania has made efforts to approximate and match its instruments
with international standards on a number of cases. The first case is the Constitution of the Republic of Albania. It reflects
its tendency to be in line with the European Convention on Human Rights in its three articles. Article 17/2 evokes the ECHR
giving it constitutional status in our domestic law. Article 18 establishes the principle of equity and non-discrimination,
1 P.N. Bhagwati (1997), “Creating a judicial culture to promote the enforcement of women’s human rights,” pp. 20-26, in Andrew Byrnes,
Jane Connors, and Lum Bik (eds), Advancing the human rights of women: Using international human rights standards in domestic
litigation, the Centre for Comparative and Public Law, the University of Hong Kong.
2 In 2013, participation of women at work is 50.1% compared to 70.2% of men, thus -20.1%. See Institute of Statistics in Albania
(2014), “Active Economic Population,” p. 61, in Women and Men in Albania, INSTAT, Albania.
3 Women are mainly employed in the public health and education, or in the private sector of agriculture and are almost inconsiderable
percentage in the sectors of construction, transport, or telecommunications. See Statistical Institute of Albania (2014), "Employment
structure by gender and economic activity" p. 72 Women and Men in Albania, INSTAT, Albania.
4 In specific sectors, the gender gap is higher, in the Construction and Transport in which men occupy 97.3% and women occupy 2.7%,
or differently, women have a difference of -94.7% with men; in Telecommunications, where men occupied 80.5% and 19.5% women, or
differently, women have a difference of -61% with men; in education, where women occupy 68.2% and men 31.8%, women dominate the
sector therefore with + 36.4%, and in Health Care, where women occupy 72.4% and men 27.6%, women dominate the sector with +
44.8%. See Statistical Institute of Albania (2014), "Employment structure by gender and economic activity" p. 72 in Women and Men in
Albania, INSTAT, Albania.
49
determining that "everyone is equal before the law, and no one can be discriminated for such reasons as gender, race,
ethnicity, political opinions, religious or philosophical beliefs, economic, educational, social or parentage." While, Article
116 stipulates the prevalence of the international law ratified by the Republic of Albania on domestic laws.
The second case of approximation with the standards of international instruments is the Labor Code of the Republic of
Albania. Approved by Law 7961, on 12 July 1995, it is based on respect for international standards of labor law protecting
the rights and freedom of the parties and two changes were made: Law Nr.8085, on 12 March 1996 and Law no. 9125, on
29 July 2003 . Article 9 determines the prohibition of any discrimination in employment. Article 146/2 stipulates the right of
the employee to sue the employer if the contract is terminated without reasonable cause but the employer is released from
the burden of proof in order to prove discrimination only if it was proven the exemption based on gender, race, religion,
ethnicity, language, political beliefs, economic status, as well as the social, educational status and parentage. There have
been several attempts to improve the approximation of the Labor Code with the standards of international instruments.
Another attempt is the Albanian Constitutional Court in 2007.1 In parallel opinion of the decision, expressed by member
Fehmi Abdiu, it was suggested that Article 146 of the Labor Code be aligned with EU legislation.2 Alignment has to do with
the issue of burden of proof for discrimination and specifies three things: 1) that the employee who claims discrimination is
not obliged to prove discrimination, but only to provide the court the necessary doubt that discrimination has occurred, 2) if
the employer cannot prove his absence, the court must decide in favor of the employee, and 3) that after presumption for
discrimination by the employee, the employer is to prove that the employee has not been discriminated. Therefore, the
employer has the burden of proof and the employee only needs to create the necessary doubt to the judge that there was
discrimination without being obliged to prove it.
Other attempts to approximate are the recommendations of the Commissioner for Protection from Discrimination in 2012
for some changes in the Labor Code.3 In the recommendations three suggestions were made: 1) to reformulate the concept
of "discrimination" adding causes of discrimination, including sexual orientation and gender identity, according to Law
10221/2010 "On protection from discrimination"; 2) to include other forms of discrimination as "instruction to discriminate",
"concern", "victimization", "discrimination by association" and "denial of reasonable adjustment"; and 3) to prescribe the
obligation of the employer to ensure equal employment.
The third case is that of the Administrative Procedure Code. Approved by Law no. 8485, in May 12, 1999, the Code
establishes the principle of equity as one of the basic principles of the functioning of the public administration. Attempts for
a new bill aimed at aligning it with EU standards and CEDAW. The Commissioner of Protection from Discrimination has
offered three amendments:4 1) definition of equity and non-discrimination as basic principles of activity of any public body;
2) harmonization of the causes of discrimination in Article 1 of Law no. 10-221, 4 February 2010, "On protection from
discrimination;" and 3) regulating the burden of proof in discrimination cases in accordance with the EU directives and
CEDAW. Referring to the EU Directive 97/80,5 to approximate the Code of Administrative Procedure with the acquis
communautaire of the EU, the Commissioner has suggested removing the burden of proof for the plaintiff in the case of
discrimination on grounds of sex and gender through a section that stipulates that in cases where the plaintiff presents
evidence of discrimination, or presumes discrimination, the defendant is obligated to prove that the facts do not constitute
discrimination. The Commissioner has suggested that in the case of administrative proceedings the burden of proof should
go to the public administration body.
The fourth case is that of the Civil Procedure Code of the Republic of Albania. In Article 12 provides that the burden
1 Constitutional Court of Albania, Decision No. 33, 12 September 2007, the case Joint Chambers of the Supreme Court vs. Assembly of
the Republic of Albania and the Government of the Republic of Albania.
2 European Commission, Directive nr. 78/2000, “On the creation of a regulatory frame for equal treatment in employment relationships.”
3 Commissioner of protection against Discrimination, Letter Nr. 360, Prot, Dated on 14 Sep. 2012
4 Commissioner for Protection against Discrimination, Letter no. 692/1, 30 December 2013, the Ministry of Justice; Commissioner for
Protection against Discrimination, Letter no. 894/1 Prot, 24 October 2014 addressed to Mr. Fatmir Xhafaj, Chairman of the Committee on
Legal Affairs, Public Administration and Human Rights, near Parliament.
5 The Directive states that "Member States shall take such necessary measures, in accordance with their national legal systems, to
ensure that, when persons who consider that he has become an unfair because of the failure of the principle of treatment equal, brought
before a court or other competent authority, facts from which it may be presumed that there has been direct or indirect discrimination, it
will be the duty of the defendant to prove that there was no violation of the principle of equal treatment. "
50
of proof for existence of irrational causes of settlement labor contract is left to the plaintiff.1 In an effort to align the Code
with the EU Directives on equal treatment and non-discrimination,2 and based on the jurisprudence of the ECJ, the
Commissioner has suggested an article which states that during a civil proceeding, the burden of proof is transferred from
the plaintiff to the party sued for discrimination (defendant).3
Thus, the dynamics of the GEW are observed in relation to the instruments available to guarantee GEW what is seen is a
contradiction between the level and trends of GEW in Albania and the range of instruments available to GEW. Although
GEW protection instruments have existed before 2006 and during the period between 2006 to 2014 they were characterized
by the tendency of expanding their range and approximation to the standards of international instruments, the GEW level,
as it was recorded by the WEF, has been low and the general trend of GEW has been the decline if the level of GEW.
Given the fact that the "instrument" factor generally displays a positive role and influence in favor of guaranteeing the GEW,
what can be said is that apparently, the number of the instruments available to GEW has played no significant role in
determining the level and trends that GEW has registered in Albania in the period of 2006-2014.
1.2. Gender equity at work, the role, and influence of the legislature in Albania
Even in the case of the legislative activity, expressed in laws that it adopted, two realities were noticed. First, the Albanian
legislature has been active in enacting laws which include and cover, through specific sections, even the GEW problems,
either before 2006 or during the period of 2006-2014. Table 7 summarizes the main laws approved by the legislative before
and after 2006.
TABLE 7: LAWS OF GEW TO BE ADOPTED BY THE LEGISLATIVE

LEGISLATIVE LAWS BEFORE 2006
1991, 08 August Law no. 7510, "On the access of the Republic of Albania in the International Covenant on Civil and
Political Rights"
1991, 08 August Law no. 7511, "On the access of the Republic of Albania in the International Covenant on Economic,
Social and Cultural Rights"
1993, 09 November Law no. 7767, "On the access to the Convention 'on the Elimination of All Forms of Discrimination
against Women"
1996, 31 July Law no. 8137, "On the ratification of the European Convention for the Protection of Human
Rights and Fundamental Freedoms"
2003, 17 April Law no. 9052, "On the ratification of the Optional Protocol to the Convention on the Elimination of All
Forms of Discrimination against Women"
LEGISLATIVE LAWS DURING 2006-2014
2008, 24 July Law no. 9970 "On Gender Equity in Society"
2010, 04 February Law no. 10-221, "Protection from Discrimination"
The second reality is the tendency observed in the Albanian legislature to legislate, which aligns GEW handling with the
standards of international laws and instruments. Thus, all the laws issued before 2006, are formulated in accordance with
the standards set by international pacts and conventions. Law No. 7510 reflects the standards of the International
Convention on Civil and Political Rights,4 Law No. 7511 reflects the standards of the International Convention on Economic,
1 Code of Civil Procedure, Article 12, stipulates: "The party that claims a right, has no obligation, in accordance with the law, to prove the
facts on which he/she bases his/her claim."
2 European Council Directive 97/80; European Parliament and European Council Directive 2006/54 / EC, 5 July 2006, "On the principle
of equal opportunities and equal treatment of men and women in matters of employment and occupation."
3 Commissioner for Protection against Discrimination, Letter no. 294, Prot 10 March 2014 to the Minister of Justice Nasip Naco.
4 From the ICCPR, the Albanian legislature has incorporated into its law Article 2 that establishes the obligation of States parties "to
ensure that all citizens are subject to the protection of the rights provided for in this Convention without distinction of race, color, sex,
51
Social and Cultural Rights,1 Law No. 7767 reflects the standards of CEDAW,2 and Law No. 8137 reflects the standards of
the European Convention for the Protection of Human Rights and Fundamental Freedoms.3
Even the laws enacted by the legislature in the period 2006-2014 devote the same attention to international standards, and
their tendency is to be more in line with the spirit of the instruments and international laws. Law 9970 "On Gender Equity in
Society" has taken into account the standards of CEDAW.4 The law hat best expresses the tendency of the Albanian
Legislature to legislate in accordance with the standards of instruments and international law is Law No. 10-221 "On
Protection from Discrimination." This law guarantees the right of every person to equity before the law, protection of equity
by the law, equity of opportunities and possibilities to exercise the individual rights and freedoms, provides protection and
regulates the implementation and observance of the principle of equity in connection with an extensive list of causes, and
also provides effective protection against discrimination.5 Above all, this law establishes the institution of the Commissioner
for Protection from Discrimination (CPD).6 Its formulation and content was made n accordance with the standards of a
number of international factors and documents,: 1) in the European Convention of Human Rights,7 with CEDAW,8 with the
standard and handling of ECHR,9as well as will the ascquis and the directives of EU.10
Considering the feature of the Albanian Legislature to legislate in accordance with the standards of international
instruments, it seems contradictory that although laws enacted have favored the guarantee of GEW, the low level and the
language, belonging or regional political, ethnicity, social origin, property or birth status "and Article 26, which provides that" to all people
are equal before the law, are entitled to the equal protection law without any discrimination, and the law shall prohibit any discrimination
and guarantees for the whole, the equal and effective protection against any discrimination."
1 By this pact, the Albanian legislature has agreed to incorporate in its law assertion that States Parties shall ensure that the economic,
social and cultural rights enunciated in the present Covenant will be exercised without discrimination and awareness of some of the
rights enshrined in the Convention such as the right to work, trade union rights, the right to social security, or the right to education.
2 The Albanian Legislative has agreed to incorporate the law retains its attitude towards all forms, direct or indirect, discrimination and
disrespect of gender equity and ensuring protection against them.

3The Albanian Legislative has agreed to incorporate in its law recognition of the principle of non-discrimination, expressed in Article 14
that the "prohibition of discrimination", closely discrimination connection with the rights set out in the Articles of the Convention and
Article 1 of Protocol No. 12 which prohibits discrimination in cases where a person is discriminated against in the enjoyment of any right
or benefit under national legislation.
4 This law has incorporated the CEDAW settings for particular discrimination (Article 4) and the prohibition of discrimination on grounds
of sex (Article 6). The law specifically provides Albanian state obligations in relation to gender equity in political representation and public
life, representation at the national level, citizenship, trafficking and prostitution, equity in education, employment, health care and
reproductive health, economic and social welfare, equity before law, and equity in marriage and family.
5 Article 1 provides specific causes which provides protection but also protection "for any other reason." Article states that "the law
governing the application and observance of the principle of equity with regard to sex, race, color, ethnicity, language, gender identity,
sexual orientation, political opinions, religious or philosophical beliefs, economic, educational or social, pregnancy, parentage, parental
responsibility, age, family or marital, marital status, residence, health status, genetic predispositions, disability, belonging to a particular
group, or for any other reason."
6 Commissioner for Protection against Discrimination qualified as a legal, public, independent person, responsible for protection from
discrimination, and covers discrimination both in the public sector and the private one, such as in relation to groups and institutions as
well as in relations among particular individuals.
7 The law incorporates all the causes listed in Article 14 of the ECHR as well as general comment 18 of the Committee of Human Rights
for discrimination by considering non-discrimination, equity before the law and equal protection of the law without discrimination as core
principles concerning the protection of human rights; and accepted that as a collaborative state, it will take positive measures to
eliminate conditions that cause or foster discrimination prohibited by the Convention.
8 Article 3 of Law 10-221 "Protection against Discrimination" reflects the standards of CEDAW
9 Article 1 of Law 10-221 takes into account the relation between the definition given by Article 14 of ECHR about causes of
discrimination and interpretation of discrimination by the ECHR as an expression of the differences that are based on a personal
characteristic or what distinguishes a person or group of persons from others.
10 Four EU directives in the field of non-discrimination include: 1) Council Directive 2004/43 / EC, 29 June 2000, on "The implementation
of the principle of equal treatment between persons irrespective of racial or ethnic origin;" 2) of Council Directive 2000/78 / EC, 27
November 2000, to "define a general framework for equal treatment at work;" 3) Council Directive 2004/113 / EC, 13 December 2004, on
"The implementation of the principle of equal treatment between men and women and the opportunity to be supplied with goods and
services",4) Directive of the European Parliament and of the Council 2006/54 / EC, 5 July 2006, “On the implementation of the principle
of equal opportunity and equal treatment of men and women in matters of employment and occupation" Direct expression of compliance
of Law 10-221 with these directives is shifting the burden of proof from the employee to the employer in Article 36, point 6.
52
declining trends of the latter, however, do not display and reflect any positive impact from the role and influence of the
Legislature.
1.3. Gender equity at work: the role, and influence of the executive in Albania
In the case of the Executive three observations apply. First, we observe a less active role compared to that of the legislature
and the Albanian judiciary, either before or after 2006. The normative acts of the Council of Ministers are missing, or are
very few in number. Before 2006, an Act of the Council of Ministers concerns the relationship at work is DCM no.360, dated
14 July 2000, "On release from civil service." This act establishes the circumstances of termination of employment for those
working in the Civil Service and Public Administration. During the period 2006-2014, the next act of the Council of Ministers
is the Normative Act No. 5, September 30, 2013, "On amendments to Law no. 152/2003, 'for civil servants. "And at that
time the Council of Ministers has requested and approved by the Albanian Legislature Law no. 178, 18 December 2014,
"On amendments and additions to Law no. 152/2013 "for civil servants."
Secondly, the acts and decisions of the Council of Ministers in their formulation are not characterized by the same concern
for compliance with the standards of international instruments, as observed in the case of national instruments, the laws of
the Legislature, or the decisions of the Albanian judiciary. Consequently, acts or laws initiated by the executive for approval
by the parliament have not always been in the spirit of international instruments and standards. In 2014, the Constitutional
Court decided, in Decision No. 5, dated 5 February 2014 to reject and abolished as incompatible with the Constitution and
international standards the Normative Act no. 5 of Council of Ministers, dated 30 September 2013 "On Amendments to the
Law Nr.152 / 2013 ‘On the Civil Servant’ " as well as Law No. 161/2013 "On approval of the normative act No. 5, dated 30
September 2013 "On Amendments to the Law Nr.152 / 2013" ‘On the civil servants’ " initiated by the Council of Ministers
and approved by the Legislature.1
Thirdly, the very role and influence of the executive in relation to GEW appears to be problematic: Acts and Laws initiated
by the Council of Ministers coincide with periods of decline of the GEW such as the Normative Act No. 5, as well as the
Law approved by the parliament for this act, coincide with the period of 2011-2013 when the WEF has recorded and in
Albania a low level and a decline trend of the of level of GEW.
Therefore, in the case of the activity of the executive, although the latter appears less active, it can be said that its role and
its impact on the level and trends of the GEW in Albania may be considered either problematic or completely insensitive.
1.4 Gender equity at work: the role, and influence of the judiciary in Albania
Even in the case of the role and influence of the Albanian judiciary three realities can be observed. The first reality shows
an active role of the judiciary during the period of 2006-2014 in judgment and decision-making process on cases with the
object of work relations and gender equity at work. Table 8 lists the litigated cases in three periods: 2006 to 2010, when
WEF records an increase of the level of GEW; 2011-2013 in which WEF records a decline of the GEW level; and for 2014,
in which WEF records an increase in the GEW level, although the GEW level in 2014 does not exceed the level of GEW
that WEF attaches to Albania in 2006.
TABLE 8: DISCRIMINATION CASES OF GEW JUDGED BY THE ALBANIAN JUDICIARY

Period 2006 - 2010 (characterized by increasing the level of GEW)
2006, 12 December Durres District Court Decision no. 2918 - Trupja vs. Maritime Work contract
Directorate
2007, 12 September Constitutional Court Decision no. 33 - Joint College of the Supreme Equity before the Law
Court (JCSC) vs. Executive / Legislative
1Constitutional Court, decision No. 5, dated February 5th 2014, on the issue "36 deputies of the Albanian Parliament against the Council
of Ministers of the Republic of Albania and the Republic of Albania Assembly. The Constitutional court of the Republic of Albania
consisted of Bashkim Dedja (Chairman) and Vladimir Kristo Sokol Berberi, Altina Xhoxhaj, Fatmir Hoxha, Gani Dizdar, Besnik Imeraj
Fatos Lulo, Vitore Tusha (members)
53
2007, 03 December Court of Appeal Durres Decision no. 540 - Trupja vs. Maritime Directorate Work contract
2008, 21 January Durres District Court Order no. 36 - Trupja vs. Maritime Directorate Enforcement of
Decision
2008, 07 April Bailiff Office in Durres Request - Trupja vs. Maritime Directorate Enforcement of
Decision
2008, 21 April Bailiff Office in Durres Letter no. 864 - Trupja vs. Maritime Directorate Enforcement of
Decision
2008, 05 June Durres District Court Decision Nr.1714 - Sinani vs. UAMD Work contract
2009, 22 April The Court of Shkodër Decision no. 1057 - Semanaj vs. the Department Work contract
of Public Health of Malesia e Madhe
2009, 16 July Court of Appeal of Durres Decision no. 305 - Sinani vs. UAMD Work contract
2010, 11 January Court of Appeal of Decision no. 5 - Semanaj vs. the Department of Work contract
Shkodra Public Health of Malesia e Madhe
2010, 25 November Civil Service Commission Decision no. 127 - Paluka vs. the Ministry of Work contract
Agriculture
2010, 27 December Bailiff Office in Durres Letter no. 184/10 - Trupja vs. Maritime Directorate Work contract
Period 2011 - 2013 (characterized by a decreased level of GEW)
2011, 01March Court of Appeal of Tirana Decision no. 23 - Paluka vs. the Ministry of Work contract
Agriculture
2011, 24 March Court of Appeal of Tirana Decision No.28- Paluka vs. the Ministry of Enforcement of
Agriculture Decision
2011, 11 April Bailiff Office in Tirana Letter no. 4386- Paluka vs. the Ministry of Enforcement of
2011, 16 May Prosecution Durres Denunciation - Trupja vs. Maritime Directorate Enforcement of
Decision
2011, 13 June Bailiff Office in Tirana Letter no. 6552- Paluka vs. the Ministry of Enforcement of
2011, 13 June Bailiff Office in Durres Letter no. 09/118 - Trupja vs. Maritime Directorate Enforcement of
Decision
2011, 23 June College of the Supreme Decision no. 986- Paluka vs. the Ministry of Work contract
Court Agriculture
2011, 28 July Bailiff Office in Tirana Letter no. 8314- Paluka vs. the Ministry of Enforcement of
2011, 25 August Bailiff Office in Durres Decision no. 09/118- Trupja vs. Maritime directorate Enforcement of
Decision
2012, 01 June the Court of Tirana Decision no. 3331 - Kastoria vs. Arts Academy Work contract
2011, 08 Bailiff Office in Tirana Letter no. 9224 - Paluka vs. the Ministry of Enforcement of
September Agriculture Decision
2011, 30 Bailiff Office in Tirana Letter no. l0335 - Paluka vs. the Ministry of Enforcement of
September Agriculture Decision
2011, 03 Bailiff Office in Tirana Letter no. 09/118 - Trupja vs. Maritime Directorate Enforcement of
54
November Decision
2011, 08 Treasury Branch of Tirana Letter no. 3020 - Paluka vs. the Ministry of Enforcement of
November Agriculture Decision
2011, 07 Bailiff Office in Tirana Letter no. 13096 - Paluka vs. the Ministry of Enforcement of
December Agriculture Decision
2012, 12 January Bailiff Office in Durres Decision no. 09/118- Trupja vs. Drejtoria Detare Enforcement of
Decision
2012, 18 January Treasury Branch of Tirana Letter no. 3440/2 - Paluka vs. the Ministry of Enforcement of
2012, 16 March Bailiff Office in Tirana Letter no. 2645 - Paluka vs. the Ministry of Enforcement of
2012, 08 April Bailiff Office in Tirana Letter no. 3686 - Paluka vs. Ministry of Agriculture Enforcement of
Decision
2012, 23 May Commissioner P.D Decision no. 11 - S.C. vs. Harry Fultz School Treatment at Work
2012, 25 May College of the Supreme Decision no. 1189 - Sinani vs. UAMD Work contract
Court
2012, 01 June District Court of Tirana Decision no. 3331 - Kastoria vs. Academy of Arts Work contract
2012, 19 July Constitutional Court Decision no. 42 - Paluka vs. Ministry of Agriculture Work contract
2012, 30 July Commissioner P.D Decision no. 13 - F.K. vs. Regional Directorate of Treatment at Work
Health Fier
2012, 08 Commissioner P.D Decision no. 21 - F.K. vs. Regional Directorate of Enforcement of
November Health Fier Decision
2012, 19 District Court of Shkodra Decision no. 51 - Semanaj vs. the Department of Work contract
November Public Health of Malesia e Madhe
2013, 20 February Constitutional Court Decision no. 4 - Trupja vs. Maritime Directorate Work contract
2013, 04 June District Court of Fier Decision no. 1017 - F.K. vs. Regional Directorate of Salary / work position
Health Fier
2013, 18 October Commissioner P.D Decision no. 103 - Kosturi vs. Academy of Arts Treatment at Work
2014 (characterized by increased level of GEW)
2014, 01 June Appeal Court of Tirana Decision no. 3331 - Kastoria vs. Arts Academy Work contract
2014, 05 February Constitutional Court Decision no. 5 - Deputies vs. Executive & legislative Work contract
2014, 20 February Appeal Court of Vlora Decision no. 280 - F.K. vs. Regional Directorate of Salary / work position
Health Fier
2014, 30 October Constitutional Court Decision no. 2 - Sinani vs. UAMD Work contract
The second reality tells about the decisions made by the Albanian judiciary, keeping account of the standards of
international instruments and cases tried by international court. Even before 2006, the Albanian judiciary has addressed
the issue of equity before the law in a number of practices and decisions of the Constitutional Court of Albania.1 But during
the period of 2006-2014, in the decisions of the Albanian judicial, are noticed a number of specific references to the
1Some decisions include: 1) Decision No. 11, 8/27/1993, 2) Decision no. 71, 2/12/1998, 3) Decision No. 16, 4/17/2000, 4) Decision no.
171, 30.7.2002, and 5) Decision no. 34, 12.20.2005. For more details about these decisions, see "Summary Decisions" pp. 1992-1997.
91; pp. 1997-1999. 206; 2000 p. 20; 2002 p.184; and 2005 p.289.
55
European Convention of Human Rights (ECHR), the European Court of Human Rights (ECHR), or the EU Directives. The
most frequent references to the ECHR are those for Article 6 of the ECHR that stipulate the right to a fair hearing,1Article
13 of the ECHR that states the right to equal treatment in front of the law,2 Article 14 of the ECHR that defines the
circumstances that constitute discrimination,3 or Article 41 of EDHR that defines the right to a fair trial.4 Also, in the decisions
of the Albanian Constitutional Court are observed references to the jurisprudence of the ECHR,5as well as to the EU
Directives for equal treatment.6
The third reality that was observed in cases of discrimination and GEW reviewed by Albanian courts reflects the following
five features: 1) trial of the same case of discrimination on two or more levels of the Albanian judiciary, 2) accordance
among courts of different levels on the decisions taken from them, 3) non-enforcement of the decisions of courts, 4) non-
implementation of decisions and recommendations of the Commissioner for Protection from Discrimination, and 5)
resolution of the conflict only by the decision of the Constitutional Court. Among the cases that reflect these features, four
are the most typical ones: 1) The case of Semanaj vs. the Department of Public Health of Malesia e Madhe, 2) The case
of F.K vs. Regional Directorate of Health Fier, 3) The case of Paluka vs. the Ministry of Agriculture, and 4) the case of the
Trupja vs. the Marine Department of the Port of Durres.
In the case of Semanaj vs. the Department of Public Health of Malesia e Madhe (DPHMM) gender discrimination
consists in the removal of Mrs. Semanaj on maternity leave, shortening of job position and termination of the contract and
disrespect of the procedures and notification deadlines. The conflict was judged on two levels: the Court of First Instance
of Shkodra and the Court of Appeal of Shkodra.7 The decisions of the two courts were in favor of Mrs.Semanaj declaring
the termination of the employment contract to be invalid, and asking the DPHMM to return her to her former place of work,
and asking salary compensation for Mrs.Semanaj for all the time since the termination of the contract. DPHMM did not
enforce the decisions of the courts and in order to ensure the implementation of the decisions it was necessary the issuance
of an order for the Bailiff Office of Shkodra. This institution took the necessary actions to urge the PHDMM to implement
court decisions.8
In the case of F.K. vs. the Regional Directorate of Health Fier (RDHF), it was about a direct gender discrimination and
victimization. Mrs. F.K. initially was lowered in her position from “head of the sector” to “nurse”, and was transferred from
her previous place of work in another city, her salary was reduced by approximately 50%, and then she was completely
dismissed from work. In her place was appointed a male person without the relevant education and experience for that
position. The conflict was handled by the Commissioner for Protection from Discrimination,9 and the court of two levels:
1 This article refers to the Constitutional Court decided in three decisions: 1) Decision no. 42, 19. 07. 2012 (Paluka vs. Ministry of
Agriculture), 2) Decision no. 4, 20. 02. 2013 (Trupja vs. Port of Durres), and 3) Decision no. 2, 20. 10. 2014 (Sinanaj vs. UAMD).
2 Reference to this article were made in court decisions three different levels: Shkoder Court, Decision no. 1057, 04/22. 2009 (Semanaj
v.s DPHMM); The Court of Appeal Vlora, Decision 280, 20.02.2014 (F.K vs. RDHF), and the Constitutional Court, Decision no. 2, 20. 10.
2014 (Sinanaj vs. UAMD).
3 Reference to this article is observed in a great number of decisions and in all the judiciary levels, constitutional, court of appeal, court of
first instance. The constitutional court refers in Decision 33, 12, 09, 2007 (Joint College of the Supreme Court (JCSC) vs. Executive &
Legislative); Vlora Court of Appeal refers to Decision 280, 20. 02. 2014 (F.K vs. RDHF); Reference to this article observed in judicial
decisions in the courts of first instance: Shkoder Court, Decision no. 1057, 22. 04. 2009 (Semanaj vs. DPHMM), and the Court of Fier,
Decision no. 62, 04. 06. 2013 (F.K vs. RDHF). Reference to this article observed in two decisions of the Commissioner for Protection
against Discrimination (CPD): 1) Decision 11, 23. 05. 2012 (S.C vs. Harry Fultz School), and 2) Decision no. 103, 18. 10. 2013 (Kastoria
vs. Arts Academy).
4 This article referred to the Constitutional Court Decision no. 42, 19. 07. 2012 (Paluka vs. MBMUK).
5 Constitutional Court Decision 33, 12.09.2007 (Joint College of the Supreme Court [JCSC] vs. the Executive & Legislative).
6 Decision no. 33, 12.09.2007 (Joint College of the Supreme Court [JCSC] vs. the Executive & Legislative), Albania's Constitutional
Court refers specifically to the EU Directive 78/2000 "On the establishment of a regulatory framework for equal treatment at work
relations."
7 Decision no.1057, 22. 04. 2009, the Court of Shkodra, Semanaj vs. Department of Public Health of the Great Highland; Decision 5, 11.
01. 2010, the Appellate Court of Shkodra, Semanaj vs. Department of Public Health of the Great Highland.
8 Decision no.51, 19. 11. 2012, the District Court of Shkodra.
9 Decision no.13, 30. 07. 2012, the Commissioner for Protection from Discrimination, FK vs. Regional Directorate of Health Fier; Decision
no. 21, 08. 11. 2012, the Commissioner for Protection from Discrimination, FK vs. Regional Directorate of Health Fier.
56
District Court of Fier, and the Court of Appeal of Vlora.1 Both the Commissioner and the courts issued decisions in favor of
F.K. They asked RDHF to return Mrs. F.K to work, back to her previous position as "Head of the Sector" and indemnify
Mrs. F.K. for the period she was left without work. The Commissioner requested report within 30 days after the decision of
the measures taken by RDHF. The latter did not implement any decision and for this reason RDHF was fined by the
Commissioner with 60,000 new ALL.2
The case of Paluka vs. the Ministry of Agriculture, Nutrition and Consumer Protection (Ministry of Agriculture),
was about gender discrimination and termination of labor relations with Mrs. Paluka without respecting the legal process.
The conflict was judged by the Civil Service Commission3 and the Court in three levels: the Court of Appeals of Tirana,4
the Civil College of the Supreme Court 5 and the Constitutional Court of Albania.6Both the Civil Service Commission and
the courts favored Mrs. Paluka. The Civil Service Commission changed the disciplinary measures given by the Ministry of
Agriculture of "dismissal from work" to "written warning," and asked the Ministry of Agriculture to return Mrs. Paluka to her
previous position and to compensate for the time left without work. Both the Court of Appeals in Tirana and the Civil College
of the Supreme Court, made the same decision, as also did the Civil Service Commission, favoring Mrs. Paluka. The
Ministry of Agriculture refused to enforce the decisions of the Commission and the Court. It opposed and prevented the
execution of the orders of the Bailiff Office and those of the Treasury Branch of Tirana. The Bailiff Office of Tirana, during
the period of 2011-2012, sent to the Ministry of Agriculture nine letters to give notice and also asked it to voluntary enforce
the decision, 7 and also requested forced execution,8 enforcement of the executive title,9 and measures were taken for the
execution of the decision.10 The Bailiff Office of Tirana also sent to the Treasury Branch of Tirana two letters, one for
conservative seizure,11 and another one for the measures taken by the Treasury.12 The Treasury Branch Tirana, in both
letters, informed Bailiff Office of Tirana to block the budget funds of the Ministry of Agriculture.13 Despite the court's decision
and the actions of the Bailiff Office of Tirana and the Treasury Branch of Tirana, the Ministry of Agriculture refused to
implement the decisions of the courts and to indemnify Mrs. Paluka according to the amount fixed by the courts. In an order
addressed to the Treasury Branch of Tirana, the Ministry of Agriculture started conducting a monthly payment for the
compensation of Mrs. Paluka, but it was several times lower than the amount ordered by the court.14/100 The Ministry of
Agriculture is obligate to fully implement the decisions of the courts only after the decision of the Constitutional Court of
1 Decision no.1017, 04. 06. 2013 Fier District Court, FK vs. Regional Directorate of Health Fier; Decision no. 280, 20. 02. 2014, the Court
of Appeal Vlora, F.K. vs. Regional Directorate of Health Fier.
2 Decision no. 21, 08. 11. 2012, the Commissioner for Protection from Discrimination, F.K vs. Regional Directorate of Health Fier.
3 Decision no. 127, 25. 11. 2010, the Civil Service Commission, Paluka vs. Ministry of Agriculture, Food and Consumer Protection
(Ministry of Agriculture).
4 Decision no. 23, 01. 03. 2011, the Court of Appeals of Tirana, Paluka vs. Ministry of Agriculture, Food and Consumer Protection
(Ministry of Agriculture); Decision No.28, 24. 03. 2011, the Court of Appeals of Tirana, Paluka vs. Ministry of Agriculture, Food and
Consumer Protection (Ministry of Agriculture).
5 Decision no. 986, 23. 06. 2011, the Civil Division of the High Court, Paluka vs. Ministry of Agriculture, Food and Consumer Protection
6 Decision no. 42, 19. 07. 2012, the Constitutional Court of Albania, Paluka vs. Ministry of Agriculture, Food and Consumer Protection
7 Bailiff Office of Tirana, Requested the MAFCP for voluntary executions, Letter no. 4386, 11. 04. 2011.
8 Bailiff Office of Tirana, Request for the MAFCP for forced executions, letter no. 6552, 13. 06. 2011, letter no. 8314, 28. 07. 2011, Letter
no. 2645, 16. 03. 2012.

9 Bailiff Office of Tirana, Requested the MAFCP for the execution of the executive title, Letter no. 8314, 28. 07. 2011, Letter no. 9224, 08.
09. 2011, Letter no. 10335, 30. 09. 2011.

10 Bailiff Office of Tirana, informing MAFCP to take measures to execute the executive title, Letter no. 2645, 16. 03. 2012, and Memo no.
3686, 08. 04. 2012.

11 Bailiff Office of Tirana, Order for the Treasury Branch of Tirana for conservative seizure to the Ministry of Agriculture, Letter no. 13
096, 07. 12. 2011.

12 Bailiff Office of Tirana, Tirana Treasury Branch, Request for information about the measures taken by the Treasury for execution,
Letter no. 3686, 08. 04. 2012.

13 Treasury Branch of Tirana, Bailiff Office of Tirana blocking budgetary funds of the Ministry of Agriculture, Letter no. 3020, 08. 11. 2011,
Letter no. 3440/2, 18. 01. 2012.

14 Ministry of Agriculture, Letter no. 125, 06. 03. 2012, the Treasury Branch Tirana, For payment of 10,000 new ALL per month to Mrs.
Paluka.
57
Albania.1/101 The Constitutional Court, as well as the courts of lower levels, ruled in favor of Ms Paluka. Besides the
obligation of the Ministry of Agriculture to implement the decisions of other courts, the Constitutional Court in its decision
reminds the Ministry of Agriculture of the fact that state institutions are obliged to enforce the final judicial decisions and
that this obligation derives directly from the Constitution. The state institutions cannot put into question the fairness of the
final judicial decisions and they have to implement them. Also, the execution of the decisions cannot be extended
indefinitely.
The issue of Trupja vs. Maritime Directorate in the Port of Durres, is about directly discrimination, contract termination and
dismissal of Mrs. Trupja, and disrespect for both the legal process and the decisions of the courts. Also this conflict was
judged by three degrees of judiciary: Durres District Court,2 Court of Appeal of Durres, 3Albania's Constitutional courts.4As
the Court of First Instance, the Court of Appeal also took a decision in favor of Mrs.Trupja. They have asked the Maritime
Administration to return Mrs.Trupja to work and be compensated by paying for the entire period of leave without work.
During the period 2008-2012, the Maritime Directorate refused to implement the court order. It also denied its
responsibilities and did not respond to six requests of the Bailiff Office of Durres for voluntary execution,5 for the legal
obligations,6 for mandatory execution,7fining for negligence to act,8criminal charges,9 and seizure.10 The Marine Department
implemented the court orders only after the decision of the Constitutional Court of Albania. The latter, in its decision,
reminded the Maritime Directorate that the execution of a decision constitutes an essential element of the rule of law and
the very notion of a fair trial. Every state body is obliged to take the appropriate measures for their implementation. Also,
execution within a reasonable time of a final decision is part of the right to a fair hearing and only after the execution of the
decision may the individual consider his right fully respected. Although delays in execution of a judgment may exist, delays
cannot be to such an extent as to undermine the essence of the law. No citizen should wait indefinitely for the realization
of a right recognized by a court decision. The execution of the decision represents a stage of the same process, thus the
non-execution of a final decision by the Maritime Directorate was found inexcusable. Public or private authorities have an
obligation for the implementation of the final court decisions. In this sense, the refusal of the Maritime Directorate to
implement the order for execution of the court decisions for a period of 4 years and 10 months is totally unacceptable.
Some Conclusions
The GEW in Albania has been characterized not only by an increase but is whirling between growth and decline. Even in
the late 2014 the GEW level results lower than in 2006. The question that emerges from this analysis then is: If the increase-
decrease dynamics of the trends and levels in Albania cannot be explained with the role of the legal factors, more precisely,
only with the role of the legislative instruments, the executive, or the Albanian judiciary, what can explain the increase-
decrease dynamics of the GEW in Albania? This paper concludes that
although the Albanian legal factors can be considered a positive force for the GEW in Albania, whether in terms of the role,
whether in terms of the character of their influence, again, they cannot fully explain what happens to GEW in Albania. The
explanation may be sought in other non-legal factors. The analysis of the role of the courts in this paper shows that there
is reason to believe that explanation in the GEW in Albania cannot be complete without including in the explanatory model
the role of cultural and social factors. In discrimination cases analyzed above, we saw that almost all courts of all levels
had made decisions in favor of Gender Equity. Yet decisions were not implemented. The subjects that did not enforce the
decisions were not only private legal entities but also public legal entities and institutions such as the Ministry of Agriculture.
1 Decision no. 42, 19. 07. 2012, the Constitutional Court of Albania, Paluka vs. Ministry of Agriculture, Food and Consumer Protection
2 Decision no. 2918, 12. 12. 2006, the District Court of Durres, Mrs.Trupja vs. Durres Port Maritime Directorate (DPMD); Execution Order
no. 36, 21. 01. 2008, the District Court of Durres, Mrs.Trupja vs. Durres Port Maritime Directorate (DPMD).
3 Decision no. 540, 03. 12. 2007, the Court of Appeal of Durres, Trupja vs. Durres Port Maritime Directorate (DPMD).
4 Decision no. 4, 20. 02. 2013, the Constitutional Court of Albania, Trupja vs. Durres Port Maritime Directorate (DPMD).
5 Bailiff Office of Durres, Marine Department, Request for voluntary execution, Letter no. 864, 21. 04. 2008.
6 Bailiff Office of Durres, Marine Department, Request for a term of 10 days for information about the undertaking of the rights and duties
of the former Director of the Port of Durres, Letter no. 184/10 27. 12. 2010.
7 Bailiff Office of Durres, Order Maritime Directorate for compulsory execution, Letter no. 09/118, 13. 06. 2011.
8 Bailiff Office of Durres, 50,000 new ALL fine to the Maritime Directorate for negligence to act, Decision no. 09/118, 25. 08. 2011.
9 Bailiff Office of Durres, Criminal charges against the General Director of the Directorate Marine, Letter no.09/118, 03. 11. 2011.
10 Bailiff Office of Durres, seizure order for operating expenses to the Maritime Directorate for the amount of 936,849 new ALL Decision
no. 09/118, 12. 01. 2012.
58
This results in the conclusion that GEW in Albania, more than a matter of instruments, laws of the legislative, acts of the
executive, or judicial decisions, it remains at a considerable degree a matter of culture and behavior of the individual on a
personal level, of the social group , or that of the state institutions. The lack of a full understanding and awareness of the
GEW from the individuals and social groups or institutions and therefore everyday life conduct and relations through the
aware or unaware negligence of the principle of gender equity, leads to a continuing presence of the cases of gender
discrimination regardless of the public or private area, outside or inside the institutions. Cultural problems with
understanding, awareness, customs and practices, can perhaps best explain why GEW in Albania whirls around an
increase and decrease of its level.
59
Human Rights and Negative and Affirmative Aspects of Environmental Justice
Abasi Sarmadi Mehdi

Assistant Professor, Kharazmi University
Law and Political Sciences Department
ma.sarmadi@yahoo.com
Reza Asadi Khomami

Master degree in international law, Department of law
University of Guilan
rasadikhomami@gmail.com
Abstract
After Second World War by establishment United Nation, to support of right of life, survives and peace for human, Universal
Declaration of Human Rights was issued. In later years, second and third generations of human rights were established which
respect for human rights is obligatory for member states.Environmental destruction as outcome of Progression of industry and
technology, is another important problem which is outshining human life. In the second half of the twentieth century, several
international conventions were formed in order to protecting the environment and preventing its destruction. On the other hand,
in the United States, The civil rights movement in the 60s was the source of another movement called environmental justice.
At the international level, In the 90s of the twentieth century coincided with the UN plan for sustainable development, the
environmental justice movement arose. With the start of the twenty first century, environmental activists and followers of the
environmental justice movement found out the common points of environmental justice and issues raised in the generations of
human rights and attempts to link these two movements and beginning to find their common points. In the second half of twenty
century. With increasing of activity of United Nation many conventions were ratified by countries that guarantee some rights of
people but conventions about human rights and environment were separated. This article examines positive and negative
characteristics governing environmental justice in comparison with the international documents.
Keywords: Environmental justice; Universal Declaration of Human Rights; Sustainable development; international conventions; United
Nation
Introduction
The civil right movement in the 1960s in the United States of America was the origin of another movement which is known
as environmental justice. The impact of the civil rights movement after the approval of the Civil Rights Act of 1964 in the
United States has played a more prominent role in shaping the concept of environmental justice. Robert Bullard's work in
the 90s; "Dumping in Dixie", act as a call for the environmental justice movement. In this work, the impact of the economic,
health and environmental widespread differences between racial and socioeconomic groups which has intensified in the
late 20 century is examined by Bullard. By discussing "The process of advent of the environmental justice movement is in
search of to expand a common strategy as sponsor of sustainable American-African, colored people communities" Bullard
analyses environmental justice. (Bullard, 2000). Expected with the assumption that the life, work and education, worship in
a healthy environment are rights for all human, individuals with different race, religion and income enjoy a healthy
environment and losses and problems resulting from technological advances equally distributed in human societies and
people of color and low-income populations or ethnic minorities have a greater share of the impact of environmental
devastating effects of progress and development. Bullard on the basis of social analysis gain access to the issue that most
of these materials are stored or buried in the poor communities of color and weak more than the affluent suburban areas.
Also in international dimensions has been observed inequality in access to safe and clean sources, Inequality in enjoying
of healthy nature may be is the result of historical circumstances, trade and economic relations of the present age, or lack
60
of adequate government regulation in this field even Some believe that environmental justice is not binding for populations
in trace or minorities whereas the aim of environmental justice is preventing the damaging effects of harmful materials even
on small populations. The significance of topic is that the concept of environmental justice considered as a human rights
Category and seeking to demonstrate the fact that environmental justice is not separate from human rights concepts and
category. Therefore it is evident that article has doctrinal aspect and is looking for planning circumstances of an independent
environmental legal system. The main question is that what is the negative and positive characteristics and effects of
environmental justice in the legal system governing the international order? In short, despite the difference in the quantity,
these features in terms of quality overlap with each other and the result of this overlap is a legal system based on
international environmental justice.
Affirmative aspects of environmental justice
In view of the fact that environmental justice movement is resulting from civil law movement, takes into consideration some
rights for people. In this regards Human populations who are victims of environmental injustice, have considered frame
works as guide to action for establishment of laws in all countries. Accordingly, some principles are intended for
environmental justice that some of them are as follows: *
-Environmental justice emphasizes on holiness of motherland, environmental unity and the interdependence of biological
species Also demands adopting public policies based on mutual respect and justice for all and devoid of all forms of
discrimination and prejudice for people. The preamble of the Universal Declaration of Human Rights, recognition of the
inherent prestige and equal and inalienable rights of all members of the human family which forms the foundation of
freedom, justice and peace in the world, is part of the obligations of Member States and providing it, is enumerated as the
obligation of countries which in Articles I and II of this Declaration, is explicitly emphasized that all member states are
obliged to support it.on 15th March 2006, UN General Assembly by approving a resolution and replacing Human Rights
Council instead of the Commission on Human Rights ,for help to United Nations Member States for supplying their needs
in the field of human rights Through dialogue, capacity building and technical assistance , provide a more focused activities.
This affair can help governments and public institutions in each country in order to create public policies to help implement
this principle of environmental justice.
- The Principles of Environmental Justice were adopted by The First National People of Color Leadership Summit
meeting in Washington D.C, 1991
- The ethical, balanced and responsibly take advantage of the endless resources of earth, in order to provide the
interests of a sustainable planet for all humans and other living organisms on the planet
The international community, led by the United Nations has been developed extensive programs to protect the environment
in such a manner that the establishment of the first United Nations Conference on Environment in 1972 , have attempted
to conclude more than 300 international treaties and agreements related to a variety of endangered flora and fauna, marine
pollution, destruction of the ozone layer, hazardous wastes, biological diversity, climate change, desertification, fisheries
and fishing, and industrial chemicals and pesticides. In 1992, the United Nations Conference on Environment Development
("Earth Summit") which was formed in Rio de Janeiro, Brazil, designed Agenda 21 to provide a comprehensive global
scheme for a development suitable for environment. United Nations consider the circumstance of carrying out the agenda
21 and other agreements of "Earth Summit" by formation of development commission and by compiling of a collection of
indexes of permanent development that are accepted by international point of view, examine achieved progresses in
connection of execution of Agenda 21 and encourage states to assign targets and subjects for national permanent
development. United Nations aid to countries for improving environment management by execution of environment program
and supervise on health of earth by establishment of international reunion.
- Affirmation of the fundamental right to political, economic, cultural and environmental self-determination of all peoples
is intended by Environmental justice.
article 21 of Universal Declaration of Human Rights discusses about participation in administration of public affairs which
is admitted as a right for individuals and in articles 18 to 20 is emphasized on individual and social rights of people in
enjoyment of having belief and freedom to express their opinion which are underlined by environmental justice and this is
pointed out that the universal society is serious in creation of the safe world. In this direction, United Nations in addition to
promotion of human rights, defends of vulnerable groups by preparing and ratification of more than 80 conventions about
61
political, civil, economical, social and cultural rights.convesion about infants rights 1989, convention about protection of
rights of migratory workers and their family 1990 and convention about omission of all kinds of discrimination to women
1979 which has ratified by 170 countries, are samples of United Nations measures.
- The right to participate as equal partners at every level of decision-making including needs assessment, planning,
implementation, enforcement and evaluation for all racial, color, low-income groups and minorities is requested by
environmental justice.
In addition to abovementioned items in article 18 to 21 of Universal Declaration of Human Rights, in article 27 is
emphasized to the right to participation of individuals in cultural life and enjoyment of progresses in science, skills and arts.
in 1992, Due to the presence more than one billion people in the world who live in minority groups and to fulfill the legitimate
aspirations of national, ethnic, religious and linguistic minorities and to strengthen the protection of fundamental human
rights, The General Assembly of the United Nations approved Declaration on the Rights of Persons Belonging to National
or Ethnic, religious and linguistic minorities for giving new power to the agenda of the UN Human Rights. In 1995, the
Human Rights Commission with the approval of the establishment of the working group on minorities by its Sub-
Commission has created a unique institution for the minority communities till through their representatives, can bring ideas
and concerns to the attention of the United Nations.
- All workers have the right to a safe and health working environment and there shouldn't be any compulsory among
the choice of unemployment or insecure life for them. Also all the people who work in their own homes should be safe
from environmental hazards.
Approximately 2 million people lose their lives in accidents or work-related disease. About 160 million people suffer from
work-related diseases and annually about 270 million people are facing with fatal and nonfatal accidents caused by working.
The Suffering of work related diseases and accidents that take place to workers and their families are incalculable. The
principle of protecting workers against diseases and injury job clearly has expressed in Statute of the International Labor
Organization. Close to half of ILO documents directly or indirectly, are about the health and safety at work which In this
regard; the International Labor Organization has ratified more than 40 standards and 40 regulations about the health and
safety at work. ILO standards on safety and health in the workplace are essential tools for governments, employers and
workers to provide maximum safety at work. In the ninety-first session of the International Labor Conference in 2003,
Occupational Safety and Health Global Strategy was developed that has been involved the beginning of a preventative
safety and health culture, the promotion anddevelopment of relevant tools, and technical assistance. In Article 8 of
Convention No. 155 was adopted in 1981 and entered into force on 11 August 1983, All members for effectiveness of article
4 of the Convention on workplace health and safety, in consultation with the representative organizations of employers and
workers, have obligated to compile legislations and regulations Or any other method, which includes the country's national
conditions. In Article 9 of the Convention which has been ratified by 63 countries, is emphasized that for obligation to the
listed laws and regulations, reasonable mechanisms for inspection and criminals' punishment should be considered. In
article 11 is provided mechanisms to give effect to policies referred to in Article 4 of the Convention, which by helps of them
the authority or competent authorities must become sure that these tasks are carried out gradually. To update the
Convention 155, one protocol was ratified in 2002, which entered into force on February 2005. The protocol with refers to
Article 11 of the Convention 155 is relevant to occupational accidents and diseases. And governments have been obligated
to pass laws and regulations concerning the registration of work accidents and occupational diseases, as appropriate,
dangerous events, discount events and suspected cases of occupational diseases and informing about them. (Protocol to
Convention 155, Article 2) Convention No. 161 was adopted in 1985 and entered into force in February 1988 has been
ratified by 31 countries. The aim of the Protocol is establishing the organizational services on health and workplace safety
which undertake preventive and essential duties and are responsible to preserve a safe and healthy working environment
in front of employers and employees and their representatives. With the aim of to put in circulation preventive safety and
health culture and achieving to the safe and healthy working environment gradually, convention 187 compiled in 2006 and
has ratified in 2009 which 33 states have ratified it till now. The convention is request from all countries in consultation with
the representative organizations of employers and workers, to compile national policy, system and programming on the
basis of principles inserted in article 4 of convention 155 and coinciding with principles of ILO, for development of safety
and health in work places. In appendix of convention mechanisms that are adopted on principles of ILO is listed. National
system must make possible necessary substructure for carrying out national policy and programs for safety and health of
workplace like laws and rules, subjects and positions, acceptable mechanisms such as inspection systems and methods
62
for creation of commitment. National systems must consist of timetable for measures to put in circulation safety and health
in work place and activating measurement of its progress. It is necessary to point out before this convention, from 1960 to
1990, conventions 162,148,139,115 and 170 have ratified for protection against special dangers in work environments.
- -Receive full reparation and compensation, as well as quality health care, are the rights of victims of environmental
injustice
On the Third of April 1991, Nations Security Council in the frame work of Chapter VII of the Charter of the United Nations
issued Resolution 687. This resolution, which was issued after the end of the occupation of Kuwait by the Iraqi government,
was about the compensation created by the Government of Iraq. In paragraph 16 of the resolution, the Iraqi government
under international law for environmental damage directly is recognized responsible and has emphasized that the Iraqi
government is obligated to compensate the damage to aggrieved people or governments. Perhaps the only time that the
international law has condemned a government to compensate for the damage to the environment and even individuals
were subject to compensation. Of course, before that in 1981 the General Assembly of the United Nations issued
Declaration of basic principles of justice for victims of crime and abuse of power. The main objective of the Declaration has
been compensation and support for victims of criminal offenses and not mentioned to victims of environmental degradation.
- -Education for present and future generations with an emphasis on social and environmental issues, and
understanding of diverse cultural perspectives is emphasized by environmental justice
In Article 26 of the Universal Declaration of Human Rights has been emphasized on the right of individuals to benefit from
an appropriate education. Environmental justice put under observation education as an essential element for protection of
environment, and people's awareness of their environmental rights that create a suitable link between environmental justice
and Fundamental human rights.
Negative aspects of environmental justice

Environmental justice in addition to consider rights for people, has defined assignments for governments and requested
from the governments that to enact Effective and transparent legislation in internal area, and with mutual cooperation and
specified treaties and conventions in international level, be active in direction of removal of environmental injustice. Topics
of duties are specified for governments are as follows:*
- minimized and, if possible, be avoided from the effects of harmful and hazardous to human health as a result of
destructive environmental practices as well as its social and economic impact on racial or color minorities and poor
people which in this regard, in order to achieve rural and urban environmental policies for cleaning and restoration
the cities and rural areas in equilibrium with nature, respect to cultural entirety of all societies and to provide possibility
of righteously access to spread benefits for all, are in direction of environmental targets which all states are obliged
to perform it.
Bamako are treaty that has been signed for protect the environment in Africa. The title of treaty is "Bamako Convention on
the ban on imports and the control of transboundary movements of hazardous and contaminated materials management
in Africa and inside it". Bamako Convention containing defensive measures to prevent the entry of contaminants into Africa.
Bamako Convention and the African Charter on Human and Peoples Rights emphasize on the implementation of
environmental justice i.e. distributive justice, procedural justice, and social justice in Africa. Another convention in which
the right to a healthy environment for the people is emphasized is Protocol of San Salvador. Additional Protocol to the
American Convention on Human Rights in connection to Economic, Social and Cultural Rights was adopted in 1988. In
Article 11 of the Convention, the right to a healthy environment is pointed. In total, in the various materials of this Protocol
are emphasized to the public's right to access to social justice, including the right to health, right to education, the right to
social security and the right to a decent job; And the public's right to access to distributive justice including national wealth
and to provide the needs above mentioned which These are the elements of environmental justice.
- -Stopping the production of toxic and harmful materials and radioactive materials is another subject emphasized by
environmental justice. Also all producers who produced this kind of materials or are producing them must be
answerable about detoxification and controlling during the production. This means that the destructive operations of
multi-national corporations must be opposed by adopting suitable laws. Also guarantee full and fair participation of all
63
communities which potentially are affected by environmental injustice in the decision-making process regarding the
transportation of pollutants and harmful materials.
Former UN Secretary-General Kofi Annan on 31 January 1999 at the World Economic Forum in Davos, Switzerland, asked
world business leaders to help further protect human rights, work and environment standards join to international
agreements. Also He requested from global business community following items on the environment:
A-Support cautious and preventive viewpoint to environmental problems
B- Promote acceptance of more responsibility towards the environment
C- Encourage the manufacture and use of appropriate technologies for environment
Fundamental Convention of United Nations on Climate Change (UNFCCC) and its Kyoto Protocol at the center of
international efforts to address environment problems. These two treaties represent the international response to the
compelling evidence that unfavorable climate change is happening .The activities of the international community are
reflected in various conventions that one of them is Basel Convention. The Basel Convention is a treaty that references to
environmental justice. The Convention, which was signed on 22 March 1989 in Basel, Switzerland, is about the control on
cross-border transportation of Hazardous Wastes and their destruction. The convention is a kind of the United Nations
treaties and the Secretary-General is the depositary and immediate ban on cross-border transportation of hazardous wastes
to its permanent disposal is requested by supplement of convention. "Total prohibition" has applied as a choice for the
transport of hazardous wastes and other wastes from developed countries to developing countries. The arrival of
international community to a period that toxic waste could not to transmit from countries' borders under legal condition
without performing control and supervision is the greatest achievement of the Basel Convention. Basel Convention is
designed to reduce illegal trafficking of
* The Principles of Environmental Justice were adopted by The First National People of Color Leadership Summit meeting
in Washington D.C, 1991 hazardous wastes and has been set to protect the world's poorest countries to become the burial
ground of this material. Some of the key elements of the Convention are:
- -a ban on the export of hazardous waste to countries that are not Parties to the convention.
- Responsibility for countries that are involved in the transport of hazardous waste.
- The principle of non-discrimination in relation to exports.
- Prior notification and informed consent of the recipient countries and transit countries.
- Taking necessary measures for global protection against nuclear testing and protection against exploitation and
production and disposal of toxic substances and waste which Threatening the fundamental human right of
access to Healthy land, clean water and healthy food.
International Atomic Energy Agency (IAEA) as one of specialized organization of United Nations protects from peaceful
usage of atomic energy and is against of use it as military targets. IAEA monitoring nuclear activities of countries to ensure
to adherence of countries to obligations about lack of increasing of nuclear weapons Based on bilateral and international
agreements and gain confidence about lack of deviation in utilization of nuclear materials and installations in direction of
military targets. Commission for the comprehensive nuclear –Test-Ban Treaty Organization, CTBTO, is another specialized
organization of United Nations which established on 19th November of 1996 to build a verification regime "to ensure that it
is operational by the time the Treaty enters into force. The verification regime of the CTBT is designed to detect any nuclear
explosion conducted on Earth – underground, underwater or in the atmosphere. The purpose of the verification regime is
to monitor countries’ compliance with the CTBT which bans all nuclear explosions on the planet." (www.ctbto.org)
- -Environmental injustices by states are equal with breach of international law, the Universal Declaration of
Human Rights, and UN convention about genocide that environmental justice ask for effectual encounter of
international societies against it. Military occupation, repression and exploitation of lands, peoples and cultures,
and other life forms are other cases which environmental justice is opposed. United Nations as representative
of all states can performance of a rule in these cases.
Genocide is one of horrific shape of crimes against human being .Actus Reus of any crime consist of criminal act and
subject of crime. The subject of crime of genocide just as stipulated in Article 6 of the Statute of the International Criminal
Court, are "national, ethnical, racial or religious group". Common Characteristic of four groups is spontaneous and
64
unwanted belonging of persons to groups' i.e. These groups are stable and permanent assemblage the individual has No
will to belong to them. The criminal act in genocide is destroy in whole or part of a national, ethnic, racial or religious group
(article 6 of Statute of the International Criminal Court).destroy can take place by any of following acts:
- -Killing members of a group;
- -Causing serious bodily or mental harm to members of a group;
- -Deliberately inflicting on the group condition of life calculated to bring about its physical destruction in whole or
in part;
- -Imposing measures intended to prevent births within the groups;
- Forcibly transferring children of the group to another group. (Article 6 of Statute of the International Criminal
Court)
Studies that have been done show that there are income inequality and racial discrimination not only in locating of
foundations of Hazardous waste but also in execution of the rules of regulatory standards for air and water and waste.(Luke
Cole & Sheila Foster,2001,54-58)
In The pattern of racial discrimination, ecological groups or small countries are deliberately targeted by environmental
injustice. (R Bullard, 2nd Ed, 2001, 187-195)
The UN Environment Programmed estimates that about 440 million tons of annual production of toxic substances in the
world, and about ten percent of the amount has been issued of international borders. (Hilary French, 2000, p.74)
A prominent environmental expert from a developing country has argued that developing countries, disproportionate shares
of the environmental consequences of globalization are tolerated, and it is defined as environmental racism. (Vandana
Shiva, Afsar H. Jafri, & Gitanjali Bedi, 1997)
Opinions of The expert have been supported by studies that recommended by the United Nations Development
Programmer.(See Human Development Report 1998)
Illegal trade of pollutants is not the only subject that endangers the health of people in developing countries but also the
expanding of legal trade of recyclable materials are Considerable factors.(J.R Kitt,1995,pp.485-488) Export detrimental
materials to recover constitutes approximately 90% of total exports harmful material from developed countries(J.R.
kitt,1995,pp.485-488) it seems to us knowingly export or import and burring the waste material to poor countries can defined
as " Deliberately inflicting on the group condition of life calculated to bring about its physical destruction in whole or in part;"
(Article 6 of Statute of the International Criminal Court) and it is breach of human rights and UN convention about genocide.
- Confirmation of authority and self determination for minorities, color people and low-income societies through
legitimate relationship between people and governments in the form of agreements, treaties and promise, are
emphasized by environmental justice.
In article 1 of International Covenant on Civil and Political Rights Adopted by the General Assembly of the United Nations
December 16, 1966 emphasizes on the right to self-determination for all people. Determination their political status;
safeguarding of socio-economic development of nations and their culture freely, are obtained by this right. in article 2 all
states are bound to guarantee the rights recognized in the present Covenant without any distinction as to race, color, sex,
language, religion and belief political or other opinion, origin of national or social , wealth, birth or other status. Also in article
27 emphases on rights of persons belonging to minorities, ethnic, religious or linguistic in any countries which include
enjoying their own culture and professing to their own religion and to practice in accordance with it or speak in their own
language in community with other members of their group.
Conclusion
The lack of a legal framework governing environmental justice in the international system is visible. Environmental justice
at the international level is associated closely with human rights and refers to the right to life, health and cultural integrity,
the right to a healthy environment, the right to self-determination and the right to freedom from racial discrimination (Carmen
G. Gonzalez2007, pp.583-626) therefore settlement of The people of the same race or ethnic group in places with higher
pollution or storing toxic materials close to cities Or environments in which people of a particular race lives, are examples
65
of racial discrimination. Environmental justice has a close relationship with human rights and international environmental
law. Universal Declaration of Human Rights has been developed with emphasis on non-discrimination between the public
and the right to food for all people. Therefore must attend to environmental justice as a Human Rights need. With attention
to above subjects that however lack of independent legal system for environmental justice was concluded, but there are its
elements in Human Rights international documents in various forms. It can be concluded that necessity of an independent
legal system for environmental justice is undeniable, especially this legal system has root in Human Rights concepts and
category.
References
[1] Abasi Sarmadi, Mehdi. Asadi khomami, Reza. Hajgozari, Mahnaz. (2013, 9, 29).International law and environmental
justice. Academic Journal of interdisciplinary studies.2 (9), 504.
[2] Bullard, R. (1994a). Dumping in Dixie: Race, Class, and Environmental quality
[3] Bullard, R (1994b). Overcoming in environmental decision-making. West view Press
[4] Clayton, S (2000). Models of justice in the environmental debate. Journal of Social Issues, 56.459-474.
[5] Cole, Luke. Foster, Shila. (2001).From the ground up: Environmental racism and the rise of the environmental justice
movement.54-85
[6] French, Hilary. (2000).Vanishing borders profecting the planet in the age of globalization.
[7] Gonzales, Carmen. (2007).Genetically modified organisms and justice: The international environmental justice
implication of biotechnology.Geo.Int'l Envtl.L.rev.19, 583-626
[8] Kitt, J.R (1995).Waste export to developing world: A global response.7Geo.Int, Lenvil, L, Rev, 485-488.
[9] Vandana, shiva.Afsar, H.jafri& GitanJali Bedi. (1997).cast of economic globalization: The Indian experience
5.prepared for UN General Assembly special session on Rio+5
[10] Bamako Convention on the ban on the Import into Africa and the Control of Transboundary Movement and
Management of Hazardous Wastes within Africa. (1998)
[11] Basel Convention on Transboundary Movement of Hazardous Wastes: Total Ban Amendment, (1989).
[12] ECONOMIST, Feb. 8, 1992, p. 66 (For the text of the memorandum, see “Let Them Eat Pollution)
[13] The American Environmental Justice Movement .from http://www.iep.utm.edu/enviro-j/
[14] C155 - Occupational Safety and Health Convention, 1981 (No. 155)
[15] C161 - Occupational Health Services Convention, 1985 (No. 161)
[16] C187 - Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)
[17] European Convention on the Compensation of Victims of Violent Crimes Strasbourg, 24.XI.1983
[18] P155 - Protocol of 2002 to the Occupational Safety and Health Convention, 1981
[19] Statute of the International Criminal Court
[20] United Nation Human Development Report. (1998). Overview, United Nation development program from
[21] http://www.undp.org/hydro/98.htm
[22] United Nations, (2008).United Nations Today.DPI/2480.
[23] Universal Declaration of Human Rights
[24] www.unic-ir.org
[25] http://www.ilo.org
66
The Fragmentation of the Ethnic Segments in Plural Societies –the Macedonian Case
Doc. Dr. Qashif Bakiu

Prof. Dr. Ylber Sela
Faculty of Law, State University of Tetova, R. Macedonia
Abstract
In cases where different parts of society live in geographical proximity, but in social aspect separated, the appearance of
segmentation is one of the characteristics. Establishing the segments is done mainly on the ethnic grounds, but there are
religious, linguistic, and racial based cases as well. Such a social phenomenon is present in Macedonia, wherein this
phenomenon is more reflected in the relation between two major communities, the Macedonian and Albanian communities. If
merely on social indicators researched so far, we can conclude that the ethnic communities are fragmented to a very high
degree, that the same have no common ground, especially the one of political – party common ground. The previous conclusion
is the presence of ethno-party pluralism. In this paperwork, in practical terms, our aim is to prove the high degree of
fragmentation of ethnic segments in political action plan, respectively that of political party, as well as to determine the lines of
expectations of the process flow, in view of the partisan multi-ethnic interaction or inaction. The measurement level of the
fragmentation of segments is done by two sociological surveys (with approximately 1,000 respondents) specific to this case,
for both ethnic communities, having involved the other ethnicities as well. Meanwhile, apart from other age groups, a special
approach is made to the youngest age group, defining the two target groups of 18-25 and 25-30 years. Other reasons
influencing the stagnation of partisan inter-ethnic cooperation have been part of this treatment as well.
Keywords: plural societies, ethnic communities and segments, fragmentation, political party, multi-ethnic interaction or inaction
Introduction
In heterogeneous societies, influenced under ethnic differences and religious, cultural and linguistic, inside of it are created
separate groups, among which each of them trying to save its own characteristics?1 Because of the division in the
respective bases, these groups live side by side, but differentiated within unit general political. This type of society presents
a pluralistic society.2
Internal heterogeneity expressed in suitable form organizational defining common sign of pluralistic societies. Reasons for
differences can be religious, ethnic, cultural, linguistic, etc. These differences are present in many countries at a lower level
or higher. However, to achieve a pluralistic society it is necessary to organized communities to get involved and accepted
as carriers of differences, to get accepted - of regarded as belonging to certain groups - "familia spiritus" which is politically
organized political party or political movement. Pluralist society is structured by those political organizations, where each
one defends the specific interests of its members. Even though despite the heterogeneity target different social groups are
not organized politically then we are not dealing with a plural society. The Republic of Macedonia is an example of a plural
society. On the one hand, as highlighted population includes various ethnic communities, and recognized by the
Constitution. On the other hand any other ethnic community, again under the Constitution has the right to organize political
parties. So in organizational plans, according to the Constitution the pluralistic political system is well organized.
The Republic of Macedonia is a typical pluralistic society. Divisions along ethnic, religious, cultural, linguistic, even racially,
are present and combined in different combinations. This condition, to a certain extent, contributes to the segments
although they are side by side, live in divided societies.
In demographic terms, the structure of the Republic of Macedonia is a multiethnic. Official data show that in 60 percent are
Macedonian population, while over 25 percent Albanian population (the number of Albanian community accepted with
reservation because always claimed to be much higher, 30 percent respectively), about 10 percent of Turks, Serbs, Vlachs,
Bosnians etc. As noted above, the ethnic communities living in the center is not homogeneous, while the population in most
1 The definition for this research was born as a continuation of some research, mainly theoretical early on, which are published in several
scientific journals Diskutime magazine, RM, RM Journal CRC, Ruse University Scientific Conference, R. Bulgaria 2008, 2009, 2014,
Science Conference UNSS, R. Bulgaria.
2 See. А. Lijphart, Democracy in plural societes; 1977, translation, publication in k. L.D. Macedonian Frchkovski, p. 17.
67
of the territory, in the settlements, is mixed. This mixture becomes even more complex when we consider that some ethnic
communities belong to two or more religions.
Ethnic communities are fragmented to a high level. If added to the differences in religion between them, they have no
meeting point between them. The degree of social division can be seen from the low (rather nonexistent rate) of the
marriage bond between members of the segments. Segments have different schools, while in cases where it is common
educational base they support learning in different shifts or school buildings are separated. Despite the physical separation
there is high pressure, which often goes into massive physical clash.1
Segments also have various sports clubs and recreation. Heavy clashes between segments come exactly in sports and
different games, where the main song (sports fans) is death and disappearance of the other segment. This choreography
mostly ends with the burning of the national symbols of other segment.
The division of the segments most commonly reflected in individual plans. Similar to the case of Northern Ireland, the
individual who accepts the decision (choice) political another segment, the party that belongs accepted as a man who has
accepted ethnicity or religion of the other segment, which in this case is worse than to meet with Indeed another community.
Political parties in Macedonia

Political pluralism in Macedonia begins as a reflection of other federal republics of the former Yugoslav federation. In this
direction, it should be emphasized that Macedonia ranks last among the republics of Yugoslavia, which split from the old
one-party system, and after Slovenia, Croatia, Bosnia and Herzegovina, and Kosovo2 which in this period there wasn’t the
same status with other federal units.
The way for political pluralism in Macedonia, but also beyond in Yugoslavia, legally open changes in the Constitution of the
Socialist Federal Republic of Yugoslavia (SFRY), respectively amendment 59, which allowed the creation and
establishment of political parties. With such a decision, legally was removed the monopoly of League of Communists of
Yugoslavia, Macedonia respectively. With this is established legal framework of party organizational pluralism. Despite this,
the Constitution of 1974 continues to save the communist ideological monopoly, which appears as a basic factor for not
developing political pluralism.
The organization of political parties in Macedonia begins to develop immediately after the declaration of political pluralism
in 1990. Characteristic for the first parties in this former Yugoslav republic is that the first parties submitted lacks ideological
profile. Unlike party communist successor party, the League of Communists of Macedonia, the Democratic Renewal Party
(SKM - PDP), other parties try to be profiled according to alternatives needed for daily or through the current problems. This
period corresponds to the nationalist policies of the actors in the Serbian political life, thus the destruction of the SFR
Yugoslavia and the creation of the independent state of Macedonia. Under this influence, it conveyed nationalist reflection
in Macedonia on a fairly high degree, so that political parties are oriented towards nationalistic policies. Under the pressure
of the dissolution of the former federation and artificial circumstances created in the past, shows an excessive dose of
distrust between ethnic communities, which earlier existed maybe not in the same proportions. Political elites, in the
interests of raising and forming powerful political entities, embody this distrust, respectively use this moment as the main
reason for the creation of new political parties.
Segmentations of political parties based on ethnicity

The first political parties in Macedonia are presented as "national defense". This trend is more present in political parties
with Macedonian prefix. This is reflected even in their names or their abbreviations. The first political parties that appears
in plural Macedonian are: Action Movement for All Macedonian (MAAK), Socialist Party of Macedonia (SPM), the Party for
1Cases of beatings of students in secondary schools in Struga and Skopje, which occur for many years between Macedonian and
Albanian students.
2 It should be noted that the first parties in Kosovo, which appear before the destruction of the Yugoslav federation, do not operate within
the system (period of ignorance of the Yugoslav system - Serbian) and as such in court as illegal party. These parties are not registered
in the state bodies, bodies that have been controlled by Serbia. Consequently, various elections have been organized parallel bodies,
outside the state system Serb - Yugoslavia.
68
Democratic Prosperity (PDP), VMRO-Democratic Party for Macedonian National Unity (VMRO-DPMNE), The Party for
Democratic People (PDP), etc.1
By abbreviations parties before it is obvious that the Macedonian political block is clear tendency for the creation of political
parties with ethnic prefix. As support in this direction is the nationalist rhetoric of the newly established party leaders, but
partisan political programs, statutes and other propaganda materials. Such practices, at first glance is not peculiar to the
Albanian block parties PDP and PDP, but if you see their staffing structures, political program or statutes, with minor
exceptions, it is clear that the basis of political organization and goals these two parties are national issues (ethnic), which
affect the Albanian community in the country (Macedonia). However, if we are inside the Albanian community problems,
most of them are political, social, economic, cultural and educational spheres. Despite this, the two parties are in a high
degree of citizen retain their character (civil), encouraging and supporting coexistence and stability in the country. Civil
character is present in the leading structures attended the members of other ethnic communities, even the Macedonian
community. This is present in lower structures and their local organizations in regions in which no citizen living Albanian
ethnicity.2
Of all these can be concluded that the Republic of Macedonia in parallel with the development of political pluralism and
pluralism ethno political party place. Additional argument for this is the existence of political parties established exclusively
on ethnic and religious grounds.
The political organization of the Albanian population in Macedonia, the part of Albanian ethnicity were accepted as logical
commitment in defense of the national issue (national) and for creating preconditions for a better future. "What is valuable
for political organization is that Albanians in Macedonia understood the party organization as a struggle between ideas and
programs, which means the strengthening of general interest themselves. Unfortunately such an attitude to political
pluralism and to the Macedonians did not exist ".3
Unlike Albanian political space, to Macedonian politic in the first place in relation to political pluralism, which corresponds
to the first moments of independence of the state, it is presented a sense of insecurity, which orients political organization
strongly nationalist direction. Active political parties and their leaders, pluralism was understood as "war" to monopolize
power, and consequently the state, the second community in terms of the total numbers of - Albanians.
"War" goes beyond ethnic borders after mixing of the Macedonian Orthodox Church (MOC), which supported the formation
of the VMRO-DPMNE.4 Unlike COM, the Islamic Religious Community (BIM) in the first years of political pluralism there is
no more serious role in the political organization of parties. But this is not peculiar to the second decade where governance
structure of this religious organization supports various political parties of the Albanians. Certainly, in this case, political
parties have more influence during the election of the Islamic religious leader than himself BIM - the impact on political
parties.
Ideological divisions as a pretext for suppressing ethnic division

"The party system in Macedonia has symmetrical bipolar form: the existence of a party in power pole also in the
opposition. On the other hand, the same bipolar asymmetric shape: regular coalition ruling party with other opposition
parties of the Macedonian and smaller parties of the smaller ethnic communities, and coalition after the election to one of
the political parties. ".5 But after 2008 a new informal practice is set by which the ruling coalition created by the winners of
1 For the Macedonian parties are being used the original abbreviations, which are being used also in ordinary life, as from media also by
the citizens.
2 See. Daily newspaper archives "Flaka"; Press Conference the PDP; date number 13. 05. 1990
3 Etem Aziri; Political organization of the Albanians in Macedonia; 2004, Skopje, p. 82
4 Г. Силjaновска - Давков; Идеолошкиот профил на политичките партии во Република Македониjа; Зборник на Правниот
факултет "Jустиниан Први"; Универзитет "Св. Кирил и Методи "; 2010; Скопjе; p.313
5 С. Шкарик; Г. С. Давкова; Уставно право; второ издание; Скопjе; 2009 год с. 448
69
the two ethnic political blocks (Albanian and Macedonian).For this reason, the party system in Macedonia can be defined
as' two half-polar system".1
Political parties in the Republic of Macedonia can be divided into several grounds: ideological, ethnic, religious, regional,
etc.
Classification Euro-Western political parties based on political orientation and affiliation towards supranational groups is
present also in the area and in the Macedonian political life. Mainly, the political parties in this country, which emerged from
the former Yugoslavia, are divided into the left and the right and center parties. In the space of the right and left are focused
on two main parties VMRO-DPMNE and SKM - PDP of re-branded later as the Social-Democratic Union of Macedonia
(SDSM), while the existing political parties in Macedonia, the Democratic Party of Albanians (DPA) is calculated as the right
party, while the Democratic Union for Integration (DUI) as a party of the left. With the right determination was the first
Albanian party PDP. As a party of the center is designated National Democratic Revival and New Democracy, the new
party on the political scene. And these parties and other parties existing smaller also defined themselves as conservative,
liberal, socialist, social democratic, communist, agrarian, and environmental (green), the Christian-Democrat etc. In
practice, political parties in Macedonia have ideological nature hybrid, combining ideologies respectively, as a reflection of
current needs and general European trend. Elements of some bold ideologies (eg. Social and ecological) are present in
most of the political programs of political parties existing in the country.
Despite denials by political elites, most of the political parties in Macedonia are organized on ethnic grounds, as to the
existence and also for the operation. In this regard, most of the parliamentary parties in the history of 20 years of political
pluralism have been ethnically pure party. With minor exceptions, it continues to work, and considering the current situation
and circumstances, such a thing tends to continue in the future. Mainly there are two parliamentary parties political ethnic
segments: segment Macedonian Albanian segment. Also other ethnic communities are organized along ethnic lines. Unlike
the second community in number - Albanian him, other communities fail to lock their representatives in the legislative body
- Parliament only through coalitions and mostly with Macedonian political parties.
Political party which unites two major ethnic communities almost does not exist. Rare are the cases where specific individual
from each community are party member in another community. This is reflected in the confidence which I take parties by
voters. Sociological research shows that it is very little chance that a Macedonian political party gets votes from members
of Albanian ethnicity and vice versa - Albanian political parties get votes from Macedonians. This is expressed in the
parliamentary elections, unlike the presidential and local elections. In local elections this phenomenon is not constant,
because the ruling coalition’s flat affect central government, particularly in municipalities where one is minority
communities. This is expressed in the vote for Mayor and not on lists for municipal council’s adviser.
There is some idea of trying to create a multi-ethnic political party, in which the member would join the two largest ethnic
communities, Macedonians and Albanians. The idea first arose from the last representative of the Republic of Macedonia
in the Presidency of Yugoslavia, Vasil Tupurkovski, who in 1998 founded the Democratic Alternative (AD). In this party
besides known intellectuals, artists were included, athletes, singers, etc., who include some Albanian. This party, despite
the successful introduction of the 1998 in parliamentary elections,2 only after two years was divided into several smaller
parties, while in the next parliamentary elections failed to get any seats for deputy.
The second attempt to unite the members of the two largest ethnic communities in a political party was the formation of
New Democracy.3 one thing comes into play especially during the nomination of the leader of the party in the presidential
elections of 2009. The attempt of this party was oriented to take advantage of the Macedonian electorate vote through the
campaign based on the election campaign of US President Barack Obama. To a certain extent such a thing had success
while the ND leader Imer Selmani managed to take about 150 thousand votes, among which over 50 thousand in the
regions where the Albanian population lives there. But, on account of this, in the next parliamentary elections the same
party managed to get only about 20 thousand votes in mainline, while to Macedonian not that at all, not getting any deputy
mandates in Parliament.
1 See. Гордана Силjaновска - Давковa; Идеолошкиот профил на политичките партии во Република Македониjа; Зборник на
Правниот факултет "Jустиниан Први"; Универзитет "Св. Кирил и Методи ";2010; Скопjе; с. 304; as well as the structure and Internal
Organizational Democracy party in R. Macedonia, Gorex Press, Sofia, 2005, p. 27
2 AD in these elections took 12 deputies and was part of the ruling coalition for half terms with VMRO-DPMNE and DPA.
3 New Democracy emerged as a fraction of the DPA, respectively several DPA deputies took the party and formed a new party.
70
"Political parties across the political spectrum in Macedonia over all are really ethnic and very little in the form of nominal
and fictitious they are ideological. Two main Macedonian parties have a basic ideology: in a very careful manner they
cultivate Macedonism. SDSM, finally in a systematic way, by personality and institutionally, often quietly, secretly but
safely. VMRO-DPMNE roaring, by pushing and continuously, visible and in the challenge way ... The difference between
the Albanian parties DUI and DPA, despite statements to the ideological orientation of the left and right, are just a mean
and achieved results in the fight for the purposes of Albanianism in Macedonia".1
Fragmentation ethnic political party based on a concrete sociological research

To observe the phenomenon of ethnic-based party fragmentation, we realized a sociological research. In order to have
easier processing we decided that research to be made by two questionnaires, one for citizens of the ethnic Albanian and
one for Macedonian community and for citizens of other community. Despite the fact that in both questionnaires have
stayed Graf smaller ethnic communities, in this case their results are not treated, because these are mounted on the two
largest communities, the results of smaller parties will be subject to another treatment of a scientific paper. Also in this
paper we share only part of the questions, while the rest remain to be addressed also to other works. They surveyed 665
Albanian citizens, and 660 Macedonian citizens. The survey was conducted electronically, initially exposed to the social
network Facebook, and for adequate involvement geographic, ethnic, gender and age groups, was conducted via , using
the address of citizens from different bases nongovernmental organizations. This sociological research has a potential
degree of error of up to 3.5 percent.
About 10 percent of Albanians (9.8) would have voted for a political party to another ethnicity, the Macedonian case, while
3.2 said that it is highly likely to do so. Meanwhile, 15.5 percent are undecided on the issue, answering the option probably,
but such a vote would depend on many factors to 18.6 percent. On the other hand the negative responses are more
pronounced, where 30.8 percent responded that it would do so, while 22.1 percent are even expressed in their tendency
stating that in no case would vote for one party of another entity.
And the possibility of voting in favor of a political party to another entity (meaning the Albanian ethnicity) Macedonian
answered by 34 percent, adding 8 per cent is of the opinion that there is very likely to do do so. 16.4 percent said they
would probably vote for a party other ethnicity, while 20.7 percent think such a thing depends on many factors. Negatively
were answered in this question 16.9, while about 4 percent (3.8) stated that in any case they would not have voted for
parties other ethnic community.
yes Very Maybe It depends on Not No, never
likely many factors
Albanian 9.8 3.2 15.5 18.6 30.8 22.1
Macedonian 34.3 8 16.4 20.7 16.9 3.8
What is the main factor determining to vote a party of other nationality?

And as the main factors for the vote a party of other nationality to Albanian respondents ranked as follows below:
If there is no candidate from a party of my nationality 6.2%
If there are good political platform 10.5%
If there are good economic platform 15.5%
If it offers solutions to ethnic problems 25.7%
Ideological factor 3.6%
Other causes 6.5%
No, never 32%
Macedonian respondents to answer the question the same are:
1 П. Е. Митев, А. Желязкова, Г. Стойковски, Македония на кеърстопът, София, 2008 г. с. 76 и 77
71
If there is no candidate from a party of my nationality 2.8%

If there are good political platform 20.2%
If there are good economic platform 34.7%
If it offers solutions to ethnic problems 15%
Ideological factor 5.2%
Other causes 8%
No, never 14.1%
To come to the purpose of research, survey questions were submitted in several ways, filed at the same time even in a
negative context. In this regard the question "Why do not vote for a party of other ethnic community (another nationality)?"
To Macedonian respondents questioned answers two questions early on. In this respect they give these answers:
Due to the established tradition (Albanians vote for Albanians, Macedonians) 31.7%
Because of mistrust created by the past 29.9%
Because of hatred towards other communities 1.8%
Due to fear that the other ethnic community will prevail over my community 9.1%
Because my community will consider as traitors with 1.8%
The vote of a party other ethnic communities consider as treason 6.1%
Due to fear that the other ethnic community will destroy the state 19.5%
Meanwhile, Albanians responses are as follows:

Due to the established tradition (Albanians vote for Albanians, Macedonians ) 18.8%
Because of mistrust created by the past? 47.7%
Because of hatred towards other communities 6%
Due to fear that the other ethnic community will prevail over my community 11.4%
Because my community will consider as traitors with 3.6%
The vote of a party other ethnic communities consider as treason 7.8%
Due to fear that the other ethnic community will destroy the state 4.7%
Conclusions
From research conducted we can reach some conclusions, concrete issues. Although lacking sociological research on this
issue, always starting from the reality in Macedonia, we can conclude that there is a negative trend in terms of fragmentation
ethno party. In the base case outlined in this paper - the opportunities citizens to vote other political party from other
community, we conclude that now we have an increase confidence of citizens of one community to another community for
political parties. If for Albanians, such a thing reaches about 10 percent, to Macedonians passes over 34 percent.
Also, the number of undecided voters and those who are defined as having likely to support such a thing is quite high (15.5
or 16.4). However still dominates perception early on, especially in Albanian community for lack of confidence in the
Macedonian political parties (about 53 percent would not have voted for Macedonian parties). This is justified by the fact
that the Macedonian political parties enjoy a monopoly of power in the Republic of Macedonia, on the other hand have no
influence on their political agendas or economic regions in which the Albanian population live. Also the creation of long-
term belief discrimination Macedonian party continues to rule the Albanians.
In the absence of data in the past, namely the individual level of trust in political parties other ethnic community as the
benchmark will take electoral concrete results. Given the results of the recent parliamentary elections, the results of the
72
research are almost surprising, especially to the Macedonian community. The fact that in the regions of pure Macedonian
population, votes for political parties are nonexistent, then create room for doubt in the fact that about a third of Macedonian
citizens may have created confidence in the Albanian block parties. However, this question can fall with the results of the
following questions, where especially Macedonian respondents, give answers that actually break down the results of the
first question and restore the old traditional attitude to vote on ethnic grounds, and perhaps the answer to the question of
The first may be a reflection of the creation of contemporary Macedonian citizen who is coexistence. If the second question
for which reasons would have voted for a political party to another ethnic community cannot manage to draw concrete
answer, then so we can draw from next question "Why do not vote for a party other ethnic community (another
nationality)?“. Specifically we learn that about 32 percent of Macedonians are supporters of traditional beliefs do not vote
for Albanian parties and 30 percent do not vote due to mistrust of the past. Also worth noting that the Macedonian
community about 20 percent continue to think that if they had won an Albanian party then Albanians will destroy the country,
or even the fact that 10 percent have fears of domination to the community. Meanwhile, there is also such a thing as a
betrayal of its own people. In this case we might come to the conclusion that the Macedonian community continues to be
fully expressed in tendency to remaining within ethnic lines, respectively, to preserve the monopoly of power. So that, at
least in a faster future cannot expect changes in this regard. This let us understand that the Macedonian citizen fails to
come off the traditional nationalist framework.
On the other hand, the Albanian citizens of the research trend slight increase compared to the last parliamentary
elections. In view of that low possibility in terms of voting for political parties of other community can say that it is justified
in some ways. Initially, though in small numbers in populated settlements with pure Albanian population we have seen,
although very low, vote for the Macedonian political parties. Meanwhile, Albanians have regular voters for Macedonian
parties. They can be divided into three groups:
1. Albanian voters that vote for the block of Macedonian political party, in parliamentary elections, to which living
exposition settlements that in electoral map falls in one Electoral unit where Albanians could not bring not even
one deputy . Those voters are election side three and four. Usually this number in both electoral (….) captured
about 10 thousand Albanian voters.
2. Albanian voters that vote that Macedonian political party, in local elections, are the voters that lives in
municipality where Albanians are minority and they mainly vote only for the Mayor of that Municipality,
meanwhile Albanians vote for council of the municipality.
3. Albanian voters that vote Macedonian Political party, which in presidential elections are the voters that vote the
Macedonian candidate in the second round of elections.
Also from observable sociological research you can see causes of ethnic party fragmentation. If to a Macedonian voter
main reason for not voting the party of another ethnicity is traditional voting for the party of the relevant entity, to Albanians
about half of respondents estimate they have lost faith in the past. Meanwhile Albanians show significant signs of derailing
the community dominated by another, a feature very evident to the Macedonian community.
But given the complexity of this issue we can never have high degree of safety. Always in this regard it should be
emphasized that in plural societies, in the case in Macedonia, only a single event can change the view on a large scale for
problems of this nature. These companies are very sensitive and often react based on momentum.
In this regard there is a huge influence of interethnic incidents. Many are tests which claim that inter-ethnic incidents are
fabricated because through their ethnic political blocs parties maintain their support to their ethnicities. However, despite
indications, such a thing is not ever evidenced.
Literature
[1] Etem Aziri; Political organization of the Albanians in Macedonia; 2004 Skopje
[2] Gordana Siljanovska - Davkova; The structure and Internal Organizational Democracy party in R. Macedonia, Gorex
Press, Sofia, 2005
[3] Гордана Силjaновска - Давковa; Идеолошкиот профил на политичките партии во Република
Македониjа; Зборник на Правниот факултет "Jустиниан Први"; Универзитет "Св.Кирил и Методи
"; Скопjе; 2010
[4] П. Е. Митев, А. Желязкова, Г. Стойковски, Македония на кеърстопът, София, 2008
73
[5] С. Шкарик; Г. С. Давкова; Уставно право; второ издание; Скопjе; 2009

[6] Daily newspaper archives "Flame"; Press conference the PDP; date number 13. 05. 1990
[7] The Constitution of the Republic of Macedonia since 1991; Official Newspaper; nr. 52, 1991
[8] Law on Political Parties; Official Newspaper; Macedonia; nr. 76, 2004; 5/2007; 8/2007; 5/2008
74
Should a Human Right Discourse be Applied to Labour Standards?
Morteza Shirzad
Sedighe Soltani
PhD candidate at Essex Univrsity.
Mshirz@essex.ac.uk
Abstract
Whether a rights discourse should be applied to labour standards, entails addressing two issues. Firstly, what are the
philosophical grounds for labour rights and whether they are human rights at all? Even if they cannot be regarded as human
rights, should they be applied strategically? While, there is no single comprehensive theory identified to provide sufficient
grounding for all labour rights, this paper argues, firstly, that labour rights certainly lack characteristics of universal human rights
since they are time-bound and place-bound. Secondly, while recognising the relatively large strategic turn to human rights
discourse by labour scholars and labour organisations, this paper argues that this is not a universally applicable strategy and in
fact in some contexts application of human rights discourse is counterproductive. The paper, thus, concludes that not only
deploying human rights approaches when it comes to countries authoritarian contexts are not effective, but also it is highly likely
to be counterproductive, since human rights discourse needs public rights awareness public and authoritarian contexts lack this
awareness.
Keywords: Labour rights, Human Rights and Human Rights Discourse,
Introduction
Answering to the question whether a human right discourse should be applied to labour standards entails addressing three
different but relevant questions. Firstly, whether Labour standards are rights, secondly whether it is then valid to
conceptualize labour standards as human rights. Thirdly, whatever the response to the previous question might be, should
the human rights discourse be applied in order to serve worthwhile ends?
The aim of this paper would accordingly be threefold. In the first part, two plausible philosophical foundations for labour
rights would be addressed. It would be argued that labour standards are rights, but there is no single doctrine providing a
comprehensive grounding for all labour rights. Subsequently, in the second part the question whether labour rights are
human rights would be addressed arguing that while some labour rights are human rights, they certainly lack some
characteristics of universal human rights since they are time-bound and place-bound. Finally, in light of the recent turn to
the human rights discourse, the paper would then turn to this noticeable question whether the human rights discourse
should be applied, arguing that developing a human rights discourse does not necessarily warrant worthwhile ends, and
especially in some contexts it would be harmful for labour movements.
Labour rights as trumps?

To begin with, there are a number of theories for labour rights.1Historically, as H. Collins has identified there are two
justifications.2 One of which mainly tries to address market failures and employment contracts through special regulations
(i.e. efficiency-based justifications) and the second one provides grounding for consideration of fair dissemination of wealth
known as social justification3. Yet, these justifications have not been without their critiques. The former have been
challenged based on the way they could be implemented and its danger of dismantling special labour employment rules
1 Eg H Spector, ‘Philosophical Foundation of Labour law’ (2006) 33 Florida (2006), State University Law
2 Collins.H (2011) ‘Theories of Rights As Justifications For Labour rights’ in Davidov.G & Lanhille.B(eds) Oxford University Press, P.137.
3 Collins ‘Theories’ PP. 137-138.
75
and the latter has been criticized based on lack of merits as well as possibility of using other less intrusive governmental
measures like taxes for achieving social justice.1These challenges share a common perspective: that these justifications
are downplaying the role of obligatory employment standards and safeguards for ordered and organized labour.2Hence,
Collins suggests that if we can develop a strong theory of rights to elevate status of labour demands to the rights position
then their values cannot be overridden and they will trump over any other sort of considerations, principals or policies.34Of
different existing theories of rights providing ground for labour rights, two of the most plausible and palatable of them would
be presented in the following.
One of the most famous theories of rights is Rawls’ theory of justice. Drawing on his theory of veil of ignorance, Collins5
has tried to reformulate his theory in order to justify grounding for social and economic rights. He argues that behind the
veil of ignorance no body knows their position in the market economy e.g. whether he or she would be employer or
employee. However, a rational person, for example, identified, as a worker will have the basic income to support himself or
herself and his or her family by taking a job behind this veil of ignorance. He therefore tries to pint out to “the potential of
this method for providing foundation for a system of labour law.”6The drawback of this theory, however, is that behind the
veil of ignorance, nobody knows “his or her interest might be served or hampered by collective bargaining or whether his
or her political belief might be favourable or hostile towards trade unions. Moreover, fundamental rights involving civil and
political rights have been prioritized over other rights (e.g. through judicial decisions). Thus “fundamental rights would only
serve the purpose of guaranteeing some aspects of labour law”7 i.e. they secure individual interests of workers rather than,
for instance, the right to collective bargaining.
Another theory known as ‘Dignity’, which is to be addressed here, is related to values like ‘dignity’ and ‘autonomy’. The idea
of autonomy suggests having both negative and positive freedom within itself.8 Similarly, the idea of dignity could be
interpreted in such a way that it carries the suggestion of decommodification of labour.9The particular emphasis on
individual dignity necessitates inclusion of both civil/ political rights as well as social/ economic rights into fundamental
rights. Therefore, without social/ economic rights, civil liberties’ value are considered as little and individuals dignity as not
secured.10Unlike the former theory mentioned above, this latter theory would meet the need for, for instance, collective
bargaining to be considered as rights, since one important assumption is that “If civil liberties have to be protected as rights,
necessary conditions for enjoyment of those rights, too, must be defended as rights.”11
Evidently, these two sets of arguments, provides philosophical grounds for applying a right discourse to labour standards,
go hand in hand like pieces of a puzzle to contribute to the body of what is regarded as the international labour law system.
But should they be regarded as human rights, too?
Labour rights as human rights?

The best source and reference for addressing “internationally recognized worker rights”, is the ILO declaration of 1998 in
which the four sets of core labour standards (CLS) have primarily been focused on and prioritized12 as ‘principals’ rather
than rights.13 Of several competing explanation offered regarding why there has been emphasis on calling them ‘principal’,
1 Collins ‘Theories’ P. 138.

4 R Dworkin, ‘Taking Rights Seriously’ (1977) Harvard University Press Ch 12.
7Collins ‘Theories’ P. 151.
8 C McCrudden, (2008) in id P. 151.
12 V A Leary ‘The Paradox of Workers’ Rights as Human Rights’ in L A Compa and S F Diamond (eds) Human Rights, Labour Rights
and International Trade, University of Pennsylvania Press, P. 28.

13 Available at: www.ilo.org/ilolex/cgi-lex/convde.pl?C087 (15/12/2011)
76
the most reasonable is that the relevant principals could not be referred as rights in so far as there were other states who
had not ratified the specific International Labour Conventions regarding those four set of CLS. 1
However, Philip Alston believes that “This explanation overlooks the fact that each of the relevant principals is recognized
as human rights in the UDHR, in the ICESCR, which is binding upon 149 states and in the very body of other international
legal standards.”2Yet, what could soon be understood is that there are two conflicting point of views arguing whether labour
rights are human rights or merely a set of principles.
One very straightforward and positivist way of putting labour rights as human rights is to say because rights such as the
right to freedom of association 3has been incorporated in the UDHR 1948, therefore, this can provide a solid grounding for
labour principals to be regarded as human rights.4 It is on the same track that V. Leary regards “the rights included in the
basic human rights convention of the ILO, as “internationally recognized workers’ rights””5, looking at them from a different
angle. She calls attention to the too narrow focus given to the both concept of workers’ rights and human rights with the
latter being narrowed to the exclusion of the social rights (including workers rights).6 Accordingly, while accusing labour
advocates of failure to address worker rights as Human rights7, she states that perhaps the reason for regarding worker’s
rights as “merely claims” (largely in the United States) is the difficulty involved in protecting such rights.8She concludes that
this failure is because of disregard of “the context in which the ILO and international labour standards were originally
created”, particularly ‘the link between workers’ rights and peace’.9Therefore, the aforementioned nexus between the two,
should be reemphasized and in this regard “human rights cannot exist without social justice”10and the right of workers, thus,
should be seen as essential to the issue of human rights. In fact, she tries to remind the emphasis on the dignity of the
individual, which have been expressed through rights in the Universal Declaration, to serve as a foundation for freedom,
justice and peace.11 Hence, by the very fact that Civil and Political rights as well as Social and Economic rights have been
incorporated in the Declaration, it could be understood that definition of human rights is big enough to answer to the “urges
in favour of conditions of social justice” involving workers’ rights.12
However, apart from the complex arguments as to universality of human rights and its roots in natural law, into which we
are not here to delve, the aforementioned arguments as to calling labour rights as universal human rights have been
challenged by some scholars like Kevin Kolben and Hugh Collins. Kolben draws a contrast between these two, asserting:
“In contrast to human rights, which are universal and possessed by all human beings by virtues of their humanity, labour
rights can be defined as the set of rights that human beings posses by virtue of their status as workers.”13
Moreover, drawing on Waldron’s argument, Collins14 identifies three more contrasts between universal human rights and
labour rights in addition to what Kolben has presented. Firstly, labour rights unlike human rights do not present an urgent
and compelling moral imperative, to be applicable universally. In this regard, it would suffice for one to compare the right
not to be tortured with the right to a paid holiday. Secondly, unlike the respect for liberty and dignity, which are regarded as
minimum standards below which no government should fall in operating, affordability matters in consideration of labour
rights. What we regard as a fair pay or reasonable holiday is by large contingent upon the degree a country can afford.
1 Philip Alston, ‘Labour Rights as Human Rights: The Unhappy State of the Art’ in P. Alston (ed) Labour Rights as Human Rights, OUP,
2005, P. 3.
2 Alston ‘Labour Rights’ P. 3.
3 Article 20 UDHR
4 Tonia Novitz and Colin Fenwick, ‘The Application of Human Rights Discourse to Labour Relations: Translation of Theory into Practice’
in T. Novitz and C. Fenwick (eds) Human Rights at Work: Perspectives on Law and Regulation, Hart, 2010, P.3.
5 Leary ‘The Paradox’ P. 28.
11 “Whereas recognition of the inherent dignity and of the equal and inalienable rights…is the foundation of freedom, justice and peace in
the world…”
12 Collins ‘Theories’ P.142
13 Kevin Kolben, ‘Labour Rights as Human Rights?’ (2010) 50 Virginia Journal of International Law P.453.
14 Collins ‘Theories’ P. 142
77
Lastly, whereas human rights are conceived as everlasting fundamental demands, labour rights evolve according to the
way a government produce its wealth and are subject to “progressive implementation”1. In other words, they are very much
time-bound and place-bound.
The latter arguments seem to be rational for two reasons. In the first place, labour rights cannot be regarded as universally
absolute in the sense we use these characteristics for human rights mainly because they are very much place-bound and
time-bound (though important and vital) and, furthermore, affordability of states matters when it comes to defending labour
rights.
Additionally, the mere existing of social rights in black and white on the Declaration does not lend itself to be a potent
reason for considering labour rights as human rights. Especially at least historically, it is identifiable that many labour
standards were reformulated to the language of rights primarily as a response to atrocities committed by oppressive states
rather than for values like dignity or being primarily fundamental absolutes.
3- Strategic turn to human rights discourse

Having mentioned that at the philosophical level, arguments providing ground for labour rights to be regarded as human
rights are not potent (at least not for all of them), this question remains to be responded that whether human rights’ language
could be or should be invoked and applied even if labour rights cannot be recognized as human rights.
K. Kolben2 has identified that there has been a large strategic turn to human rights discourse by labour scholars and labour
organizations. He believes that human rights discourse has such hegemonic status that labour activists would like to take
its advantage and “relative effectiveness”. In fact, he points out to two important points: firstly, it is the value of the human
rights and rights as trumps and secondly, there is then a practical side i.e. that is the relative effectiveness of some human
rights’ advocacy strategy, what he calls the hegemonic status of the human right’s discourse. Many activists, he believes,
use human rights discourse to gain public support for labour rights campaigns as a much more powerful way of attacking
and criticizing multinational enterprises.3
Moreover, In line with these campaigners and in light of the fact that using human rights strategically has served labour
activists very well in many issues and lawyers have been successful and found it conducive to advance certain claims by
invoking the rights contained in Bills of Rights, H. Collin believes that:
“Any weakness of philosophical underpinnings for labour rights should not deter lawyers from adopting these legal
strategies in order to serve worthwhile ends.”4
However, Kolben asserts that even though the strategy adopted by labour campaigns and activists have been highly
effective in pushing the states for achieving certain goals, yet it could be less efficient and in fact incapacitating for labour
rights actors that chiefly functions in the private economic sectors.5 He goes further by saying that legalism, elitism;
individualist and philanthropic features of human rights approaches do not necessarily benefit labour movement.6He
explains that:
“The international human rights movement is not fundamentally committed to examining and questioning fundamental
economic relationships in society, nor it is committed to direct action as a method- or workplace as a goal- to same extent
as the labour movement.”7
Furthermore, in response to what Collins has prescribed as a valid approach to invoke human rights’ hegemonic status,
this paper would argue that deploying human rights approaches when it comes to countries like Iran or any other
1 J. Fudge, ‘The New Discourse of Labour Rights: From Social to Fundamental Rights?’ (2007), Comparative Labour Law and Policy
Journal, 29, P.36.
2 Kolben ‘Labour Rights’ P. 451.
6 Kolben ‘Labour Rights’ P.453
78
authoritarian contexts not only are not effective, it is in fact counterproductive since public supports could be gained by
labour rights campaigns only where there is a public rights awareness. For instance, in Iran military service is compulsory
for every man after being 18 years old for the period of up to two years. Ironically, during the last 36 years many Iranian
men, in the name of serving to their country has been employed to work under such titles as “soldier teacher” or “tasked
soldier” to do basically anything for a very small amount of money or non.1 This is regarded as forced labour either by the
ILO or the UDHR. The point that here is being made is that in absence of minimum right awareness; there is not such a
thing as human rights hegemonic status. On the other hand, eastern authoritarian governments, perhaps with the
contribution of some anthropologists, have achieved a relative success in making popular2 the claim that human rights
ideas are relative, Western3, and not applicable in, for example, Islamic societies. Therefore, in absence of hegemonic
status of human rights discourse and public rights awareness implementation of human rights discourse appears to be
debilitating for labour activists. Hence, what is to be avoided, is in fact, the so called strategic implementation of human
rights language when it comes to those countries in which culture and power are proxy4 in the way of achieving worthwhile
ends. This is where we come to this conclusion that it is the context that, contingent on the time and place, determines
whether applying of the human right discourse is conducive.
In conclusion, whether a human right discourse should be applied to labour standards entails addressing firstly, capability
of these standard to be regarded as rights or human rights, secondly, capability of the context in which these
standards/rights are going to be promoted. In the first part, two famous theory of labour rights was examined in this paper
namely, the theory adopted by Collins based on Rawls theory of justice and the Dignity theory. While the former theory
provided grounding for more individualistic set of workers’ rights, the latter gave rise to the rights like the right to collective
bargaining. As a result, it was concluded that there is no single comprehensive theory identified to provide sufficient
grounding for all labour rights. Thus, each of these theories contributes to constitute part of this body of international labour
law system. In the second part, the question whether labour rights could be regarded as human rights has been addressed
arguing that labour rights because of their very nature- that are time-bound and place-bound- they do not have capability
of being called universal human rights. Finally, in the last part this recent turn to human rights has been analyzed arguing
that using the language of human rights in two respects could be debilitating for labour movements in some contexts. Firstly,
with respect to what Kolben has identified as conflicting characteristics between human rights and labour rights on the one
hand and human rights movements and labour movements on the other, they do not necessarily benefit from each other.
Secondly, with respect to those countries, mainly eastern and Islamic countries, that culture and power is considered as a
proxy in the way of human rights promotion, strategic employment of human rights language would certainly not be
recommended since the hegemonic status of human rights, does not apply in a country such as Iran where citizens are not
able to scrutinize the actions of their state by reference to human rights discourse. In short, care should be taken as regards
strategic usage of human rights discourse as the contexts plays an important on success and failure of such approaches.
References
[1] Alston, P. (2005). Labour rights as human rights: The Unhappy state of the art’ in P. Alston (Eds.), Labour Rights as
Human Rights, Oxford: OUP.
[2] Collins, H. (2011) Theories of rights as justifications for Labour Law’ in Davidov, G and Langille, B (Eds.), The Idea of
Labour Law (pp. 137-155). Oxford, UK: Oxford University Press.
[3] Engle, K. (2000). Culture and Human Rights: The Asian Values Debate in Context. New York University Journal of
International Law and Politics, 32, 291-333
[4] Freedom of Association and Protection of the Right to Organise Convention (2015, July 3), Retrieved from
www.ilo.org/ilolex/cgi-lex/convde.pl?C087
1 Mesdaghi. I (2010) ‘The ILO at a glance, Violation of Fundamental rights of workers in Iran (1st ed) ALFABET MAXIMA, P. 23.
2 It is obvious that a popular argument does not necessarily possess a valid and potent philosophical ground.
3 Karen Engle, ‘Culture and Human Rights: The Asian Values Debate in Context’ (2000) 32 New York University Journal of International
Law and Politics P. 329.

4 Engle, ‘Culture’ P.329.
79
[5] Fudge, J. (2007). The New Discourse of Labor Rights: From Social to Fundamental Rights? Comparative Labor Law
and Policy Journal, 29, 29-66.
[6] Hepple, B (2005). ‘Labour Laws and Global Trade, London, England: Hart.
[7] Information System on International Labour Standards (2015, July 3), Retrieved from
http://www.ilo.org/ilolex/english/convdisp1.htm
[8] Kolben, k. (2010). Labor Rights as Human Rights? Virginia Journal of International Law, 50, 449-484.
[9] Leary, V.A. (1996). The paradox of workers’ rights as human rights’ in Compa , L.A & Diamond, S.F. (Eds.), Human
Rights, Labour Rights and International Trade, University of Pennsylvania Press, 22-47.
[10] Novitz, T & Fenwick, C. (2010). The application of human rights discourse to labour relations: Translation of Theory
into Practice’ in Novitz, T and Fenwick, C (Eds.), Human Rights at Work: Perspectives on Law and Regulation,
London: Hart.
80
Is Urban Space Able to Affect Community Participation? a Research Proposal between

Urban Sociology and Environmental Psychology
Luca Bottini, PhD Cand.

URBEUR-QUASI - Urban and Local European Studies - Information Society
Dep. Of Sociology and Social Research, Università degli Studi di Milano Bicocca
Building U7 – 3rd floor., Via Bicocca degli Arcimboldi, 8.
20126, Milano (Italy)
l.bottini3@campus.unimib.it
Abstract
This paper will deal with the study of the relation between the urban spaces and social phenomena. Today the world is
considered as a "global village", where the borders and differences between the places seem to lose their meaning; it would
be interesting to ask whether the space is still crucial to understand social phenomena in contemporary societies. This opens
the big question that we will try to give an answer: may the space be considered as a variable able to affect social behavior?
In last decades sociologists have further increased the interest about this issue, coming to what has been defined “spatial
sociology”. In social science we rarely find out researches which try to answer to the key question: how space affects
inhabitants? How can we measure this relation? We can insight more and more this very fascinating issue looking at other
disciplines. For instance, environmental psychology has developed a long tradition in the identification and measurement of
the perception of space by people. This different point of view allow us to deepen the relation within spaces and people,
measuring several aspect of the impact of space in individual’s life, such as place attachment, urban quality perceived, and
so on. In this paper I will present my PhD’s research project, endorsing the environmental psychological as useful theoretical
and methodological framework to study the space-people relation in urban sociology.
Keywords: urban space, environmental psychology, community participation, place attachment, urban sociology.
1. The role of space in sociology

In an era where the world is considered a "global village" (McLuhan, 1992), where the borders and differences between
the places seem to lose their meaning, we wonder if the space is still crucial to understand the contemporary society. The
sociological literature shows since the beginning the awareness about the importance of space in social analysis. Simmel
(1908) was the first sociologist which explicitly considered space in his micro-social analysis. Goffman (1959, 1971, 1963,
1974) dissects in detail the behavior of individuals interacting in different environmental contexts, typical of everyday life,
identifying the variability of attitude into the so-called “public sphere” and the “private sphere”. Foucault (1964, 1984)
identified on one hand the reification of governance power into the space, and on the other hand discovering the capacity
of the physical locations to evoke other places (heterotopias). Harvey (1978), despite being a geographer, was the first who
draw attention to an holistic approach to space, putting it in close connection with the social spatial analysis. De Certeau
(1990) speaks of space daily "invented" by the people, who are engaged in social practices by creating and re-inventing
the space they live. Other authors have highlighted the effects of the explosive social transformations driven by capitalist
transformations (Sennett, 1974) and, consequently, the impact of globalization on individual lifestyles (McLuhan, 1992).
The final result of this processes, according to Giddens (1990) is the “disembedding” of space and time. We actually live in
a society composed of individuals alone, virtually connected, but physically far. The perception that the variable space had
lost weight in sociological analysis, led some authors to resume intuition of Simmel. At the beginning of 2000s, Thomas
Gieryn publishes the article "A Space for Place in Sociology" (Gieryn, 2000). Here, the scholar proposes to reconnect the
bond broken between the spatial dimension and social analysis; he states that consider space into the analysis is not the
only goal of geographers and architects, but also for sociologist. It is echoed by a contribution of Herbert Gans, when in
2002 he published the article "The Sociology of Space: A Use-Centered View" (Gans, 2002). For Gans, space becomes
81
important in the research when it becomes "social space" and individuals are fostered to use it for their own purposes,
changing the boundaries, filling it with meanings and symbols. Also in the Italian context, since the 90s, the research has
made its way into the renaissance of the space in sociology; for instance, Arnaldo Bagnasco (1994) insists on the returning
to an urban sociology with its specific vocation to study social facts in conjunction with the spatial dimension. More in
general, the theories about space and place in sociology are strongly present in the literature, but what that seems is the
lack of interest in empirical efforts, with the aim to test these theory into the field. We can find some of our research interests
in the quality of life’s studies. In this area of interest, sociology shows a long tradition, for instance on the topic of quality of
life in neighborhood (Russ-Eft, 1979) or about the civic engagement as indicator of quality of life (Baker-Palmer, 2006;
Grillo-Teixeira-Wilson, 2009). These works are a good starting point, but we stress the role of environmental psychology
as an alternative source of knowledge, because the key concepts as space, place, and the operationalization of the relation
within people and places has been very meaningfully studied and codified.
2. The environmental psychology as framework to understand space-people relation

The seminal works of Proshansky and colleagues (1970) started the studies on the relationship between people and
physical spaces. That point was the beginning of the so called “environmental psychology”. The development of the
discipline was strongly connected to architecture and the physical planning of the buildings. The growing interest on space
in psychology led the development of different paradigms, among which we include the transactional one, taking over the
definition given in the works of Dewey and Bentley (1949), for which the environment as we know it is the product, not the
cause of perception (Ittelson et al., 1974). This paradigm was the one best suited to the needs of environmental psychology
research. However, the approach so far developed by environmental psychology was based primarily on an individual
dimension. Stokols and Altman (1987) proposed to use the transactional approach, as part of environmental psychology,
in a social way rather than individual. This made it possible to refine the theoretical framework recovering a holistic view of
the phenomenon, that is, considering concept of place as an embedded system of social, symbolic and physical factors.
The goal of environmental psychology research is focused on the analysis of the modality in which individuals relate with
their environment. This concept can be declined in two ways, depending on the research question: observing the
environmental practices of individuals (Ittelson, 1970; Sommer, 1969) (practice’s dimension – qualitative methods), or
studying the environmental attitudes and the environment evaluation (Bonnes-Secchiaroli, 1986) (symbolic and perceptive
dimension – quantitative methods). We are talking about two radically different approaches; in the first one the scholars
notice how people move into the spaces, whilst in the second approach the aim is to measure the symbolic and perceptive
dimension, related to the space, carried out into the individuals mind. According to the different approach, we will actually
use different methods and instruments. In our case, we will established to observe the double dimension of symbolic-
perceptive approach, using quantitative methods. This means that the symbolic and perceptive dimensions of the relation
with the space, will be operationalized in several variables as we show below. The quantitative method used by
environmental psychology is equal to that typically adopted by social research; we set-up a questionnaire composed by
lots of variable, either scale-based, or socio-demographic (age, gender), social and economic (employment status, income
received) and time (residence time/frequency of place-use), subsequently administered through a websurvey. The process
which led the development of conceptual operationalization of key concepts and their transformation in variable, took place
early in environmental psychology. Regarding to the perception of places, Craik (1971) could be considered as a milestone
in this sense, because developed a way to operationalize the quality of the sites referring to physical properties, type and
quantity of objects, typical characteristics of the various rooms, functional aspects of the environmental elements, the
institutional aspects of the social climate. Early studies had been focused on the quality of life in buildings (Ackin-Kuller,
1973; Herberger-Cass, 1974) and about the quality of interpersonal relationships in institutional places (Gavin-Howe, 1975;
Insel-Moos, 1974; James- Jones, 1974; Moos, 1975). Still, other scholars have studied the quality of life in the common
neighborhood (Marans, 1976; Onibokun, 1974; Smith, 1976), or on the impacts of environmental modification interventions
can have on communities (Wolf, 1974, 1975). The final output is the setting-up of indexes of space perception (Craik-Zube,
1976). As regards to the symbolic dimension, environmental psychology has developed the key concept of “place
attachment”, in which several literature has been produced during the time, and recently we reported a considerable return
of interest (Lewicka, 2011). The concept of place attachment comes from the emotional-affective component emerging
from the relationship between people and places. The place attachment is an emotional-affective bond which grow-up
between persons and meaningful places (Scannell-Gifford, 2010). These emotional factors are highlighted by Shroeder
82
(1991) as “thoughts, sensations, memories and interpretations evoked by places”. In fact, Ittelson (1973) stress that the
first level of response to the environment, is affective; the direct emotional impact governs the directions taken by the
subsequent relationships with the environment. In the evaluation process of an environment, individuals develop a set of
emotions that Mehrabian and Russell (1974, 1975) have identified to be composed of three factors: pleasure, stress and
dominance. The tangible outcome of these intangible instances, leads to adopt an attitude of "approach" or "leaving" from
the site. Even this variable is measured through scaling method; the work of Williams-Vaske (2003), for instance, offer a
12 item-based scale in order to catch the double dimension of place identity and place dependence. Many researches were
based on that scale (Brown-Raymond, 2007; Kaltenborn-Williams, 2002; Vaske-Kobrin, 2001), but recently an italian team
reviewed this scale (Fornara, 2010).
In conclusion, focusing on the double direction of environment evaluation (symbolic and perceptive) we can estimate some
effect of the place (as socio-physical variable) into a sample of individuals. Moreover, we can associate these output with
many social behavior, such as community participation, civic engagement, sociality propensity, etc. In this way we could
explore the association within spatial variables and the social behavior ones, trying to answer to the main question leading
my project: is space able to affect social behavior?
3. Testing the theory: the research proposal

We propose to test the sociological literature about space through an empirical and interdisciplinary approach, as we stated
above. We begin from the hypothesis that different socio-physical patterns are capable to affect in different ways social
behavior. We’ll test this hypothesis in three different neighborhood of the city of Milan, which differ in socio-physical
characteristics. We are conscious about the complexity of the conceptualization of what a neighborhood is; therefore, in
order to ease the analysis, we decided to use the spatial division provided by Comune di Milano (Local Identity Unit), in
which we can refer stable cultural and historical area of the city. We’ll observe two variable, one “spatial” (environment
evaluation – symbolic and perceptive) and one “social” (community participation). The first variable we test will be split in
“place attachment” and “place perception”, using a set of stable indicators developed by Fornara (2010); in particular we
will measure an indicator of urban quality perceived, either social or physic (accessibility to the spaces, cleaning, pollution,
building density, size of buildings, level of social interaction, level of privacy perceived, freedom of expression, perception
of being controlled, vitality, etc.) and place attachment (importance of the place, emotion fostered by a place, the meaning
of the place, etc.). Both these variables will be measured in each neighborhood we inquire, in order to highlight any
difference of affecting the participation and the place evaluation based on the specificity of the neighborhood. Observed
variables will be controlled by usual socio-demographic ones (sex, age, education, etc.) and specific predictors stressed
by literature, such as residential time (Kasarda & Janowitz, 1974; Bonaiuto et al., 1999; Brown et al., 2003; Brown-Perkins-
Brown, 2004; Krannich & Greider, 1984; Lewicka, 2005), mobility propensity (Bolan, 1997; Gustafson, 2009; Elder-King-
Conger, 1996; Cuba-Hummon, 1993) and house holding (Bolan, 1997; Brown et al., 2003). The second variable we observe
will be operationalize taking in account key variables already stressed by the literature, such as interest in what happens
in the community (Goudy, 1982; Theodori, 2001), knowledge of who governs the territory (Groves et al., 2003), often you
look for news related to local life (Kang-Kwak, 2003), interest in taking a form of leadership in the area (Crew et al.),
participation in organizations and associations involved in the specific problems of neighborhood (Woolever, 1992; Kang-
Kwak, 2003; Robinson-Wilkinson, 1997) and participation in other activities as volunteer (Cuba-Hummon, 1993); from these
variables we will calculate an index of community participation. A sample of citizens will be interview through a websurvey
administered through the newsletter database provided by Comune di Milano. Potential under-representation of the
population will be correct subsequently calculating post-stratification weights. We split data analysis phase in twice:
confirmation phase and explorative phase; first of all we aim to verify theory stressed about each variable we observe, in
order to confirm them on our case study; latter, we wish to explore the association within these two variable on each urban
neighborhood, in order to explore how independent variables (space and controls variables) are able to affect the dependent
variable of community participation index.
Conclusions
83
The topic of the space-people relation is very old-fashioned in urban sociology. Sociologist has been covered this topic
earlier, focusing on various aspect of this relation, adopting many point of view which contributed to define the actual
sociology of space. If on one hand the theoretical endeavor has been very intense, on the other hand the empirical effort
hasn’t been equally decisive. Many questions are still opened: which operative definition of space/place should we use?
Which is the sense of importance of space in sociological analysis? How does space relates with people? How can we
operationalize this relation? Which methodology are we going to use? As we tried to highlight, environmental psychology
could be a possible source of answers. Using an interdisciplinary approach we aim to find new solutions in order to foster
a sociological analysis that really takes in account the essential role of the space, especially in urban studies. The main
output of this research could be useful to offer new tools to the local governance, in order to support decision-making
processes involved into the essential topic of the quality of life in contemporary cities.
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86
The Role of Development of Farmers' Cooperatives
Ma.Sc.Mehdi PLLASHNIKU, PhD.Cand.
Abstract
This abstract is a summary of scientific review of the present paper. As new circumstances have been created after the last
war in Kosovo, it is of high importance and urgency to create and build a new mentality for the development of Farmers'
Cooperatives (FC). The Farmers' Cooperatives have played an important role in the past and they continue to act so, both
nationwide and globally. The practice for organization of farmers in their cooperatives of the International Cooperative Alliance
(ICA) has enabled the creation of a membership of more than 800 million farmers who employ more than 100 million people.
Their participation in the supply of the market reaches 33% of the total world production. Farmers' cooperatives are
organizations in which farmers retain private ownership of the land. The profit from the cooperatives is of a considerable
variety and the practice of such organization has shown its positive effects through strengthening of the farmers and raising
their profit, facing the market and creation of a positive business. This is based on the opinion of a number if scientists of this
field. They divide the farmer' profit in direct and indirect type. As far as Kosovo is concerned, the development of farmers'
cooperatives is delayed although the necessary legislation (the Law on Cooperatives) is applied. On that basis the conditions
for strengthening the role of the farmers is of high urgency. This paper consists of two parts: In the first part the respective
legislation of Kosovo in relation to the role of farmers' cooperatives is going to be presented. The second part presents the
conditions for establishment, rights, duties and statics of the farmers' cooperatives. In this paper is analysed the role of
development of farmers' cooperatives in general. At the end, a summary of the above will be presented in analytical form,
including recommendations and conclusions.
Keywords: Cooperative, Farmers, Law, Kosovo, Federation, income, etc.
Introduction
Historically, Farmers’ Cooperatives existed for a long time, including the time of former SFRY. One of the organizational
forms for performing activities according to applicable laws of then was through Farmers’ Cooperatives. However after the
last war in 1999 all Socially Owned Enterprises, Public Enterprises and Farmers’ Cooperatives fall under UNMIK
administration. Until 2003, respectively entry into force of the Law No.2003/9 on Farmers’ Cooperatives, no Farmers`
Cooperatives were subject to any registration process. Based on the research work of applications filed with the Agency
for Registration of Businesses, up to date, a total of 83 farmers' cooperatives have been registered.
Purpose of the paper

The purpose of this paper is the identification of the factors effecting the development of the farmers' cooperatives. This
would help in undertaking preventive measures for:
- Creation of agricultural zones
- Facilitating granting of low interest rate loans,
- Contribution of farmers' cooperatives in the creation of jobs, income, application of new technologies,
intensification of cooperation between businesses, intensification of the competition.
- Provision of supply of markets and entering markets for acquisition of inputs and sale of products represent the
two most important advantages offered by farmers' cooperatives,
- Supporting of family farms,
- More extensive profit for communities.
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1. Registration
Any Cooperative established in Kosovo is subject to registration within Kosovo Business Registration and shall come into
existence only upon registration. The activities of a registered Cooperative shall be in compliance with the Law No.03/L-
004 on amending and supplementing of the Law on Farmers’ Cooperatives No.2003/9, and the Statute of Cooperative1.
An Farmers’ Cooperative shall have the rights and duties as a legal person independent of its members. It has its own
appurtenant property and duties. It is responsible for its own property and for any act performed by it in its behalf.
The Law sets forth the establishment of the Federation of Farmers’ Cooperative of Kosovo which is a professional body
acting independently. The statute of the Federation shall be approved by the Assembly of the Federation with the prior
consent of the Ministry, and shall be in compliance with the law and an administrative instruction issued by the Ministry.
The funds of the Federation are generated by the Members and contribution of the Cooperatives and their Union.
2. Conditions for Establishment

All Farmer’s Cooperatives shall be established by a minimum of five (5) farmers who shall all have written agreements with
the cooperative2.
A Cooperative member enjoys the right to:
a) use the Cooperative’s services with regard being had to the type of activities for which the Member has become a
Member;
b) attend the general meeting of the assembly with voting rights regardless of the number of shares owned;
c) receive interest payments calculated on the Member’s paid capital contribution at the rate stated by the Statutes;
d) receive the Cooperative’s distributions in proportion with the activity realized with the Cooperative;
e) sell and transfer his shares according to the provisions of this law and the Cooperative’s Statute;
f) receive the nominal value of the Member’s shares after termination of the Member’s membership, provided that the
Accumulated Losses does not exceed the Reserve Funds and in accordance with other restrictions specified in this law
and in the Cooperative’s Statute.
A Cooperative Member is obliged to:

a) undertake specific agreed upon activities exclusively with the Framers Cooperative for at least three consecutive years
in accordance with the Cooperative’s statute with regard to the commitment made by the member;
b) contribute to the share capital the proportional value of his Activity Commitment and pay his shares in accordance with
the legal and statutory requirements, or buy the number of shares required by his Activity Commitment;
c) bear liability for the Cooperative’s debts up to an amount equal to the Member’s Capital Contribution in case of
insolvency3.
Statute of cooperative member is gained:

a) During cooperative funding, with the request endorsement for membership, endorsement of the statute or participation
on the Founding Assembly where statute is approved.
1 Law No.2003 / 9 of Farmer Cooperatives, Article 2, Pristina on 15.05.2003

2 Law No.03 / L-004 on Amending and Supplementing the Law on Farmer's Cooperatives No.2003 / 9, Article 2, Pristina on 13.10.2008;
88
b) Statute of cooperative member is gained after cooperative founding through the request for membership and the
statement for cooperative statute admittance by what the signatory permits all the rights and obligations of the cooperative
member.
A Decision to accept new members is taken by Steering Council within 30 days from submission of the request. The appeal
against the decision on the membership request rejection can be submitted to the General Assembly. The Co-operative
shall maintain a register of Co-operative Members indicating the number of shares owned by each Member as well as
records of every transfer of shares.
Cooperative member shall lose its statute by:

Withdrawal of the member from cooperative; member exclusion; elimination or abandon the agriculture activity of the
member who is a legal entity; death of the member and cooperative failure
a) Member of the co-operative may withdrawn from the co-operative with request for withdrawal which is pursued six
months before the expiry of prescribed date. If the co-operative member has obligation towards the co-operative, statute of
the member will end after obligation accomplishment.
b) Statute of co-operative member expires on the prescribed date on the decision for its exclusion from the co-operative
due to the reasons defined by cooperative statute
c) Inheritors of the member may have member statute with the rights and obligations of the one who died, if for this
decided the Steering Council and if they accomplish the conditions for having the statute of cooperative member.
d) Rights and obligations of the member, except property rights and obligations prescribed by special legal acts are
dismissed on the day when terminates the statute of the member.
Share Capital
At the time of its establishment, the cooperative must declare the capital which is not limited. The capital of a Cooperative
shall consist of the Contributions of cooperative Members and may be variable. Capital decrease is prohibited if the
decrease would have the effect to cause the capital of the Cooperative to be less than half of the highest capital reached
since the creation of the Cooperative.
Capital contributions shall either be in cash or Contribution in Kind1. A contribution in activity is prohibited. Contribution in
Kind during the establishment of the cooperative is assessed during the statute signing by founding members or founding
assembly during the statute approval. Whereas, assessment of contribution in Kind during the cooperative work is
performed by the general assembly. Members are severally and jointly liable towards third parties for having adopted any
valuations of Contributions in Kind that are different from the value as assessed by the External Auditor. The right of a
Member takes the form of shares only. The capital is divided into shares of equal value with each share having a minimum
value of 10 €.
The General Assembly

The general assembly which is the supreme body of the cooperative will be either ordinary or extraordinary. The powers of
the ordinary general meeting of the assembly are limited to voting on matters not within the powers of the extraordinary
meeting of the general assembly or other bodies of the cooperative.
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The Steering Council referred to Article 12 convenes the general assembly meeting of the assembly at least once a year
or when the bi-semester interim accounts shows losses. The general assembly may also be called by 25% of the
cooperative members.
The minutes of the meetings of the assembly shall be recorded chronologically in a register to be maintained at the
cooperative’s registered office.
External auditor
The Ministry of Economy and Finance shall authorize qualified individuals to act as external auditors and shall designate
an External Auditor to perform an annual audit for each cooperative, including:
a) verifying that the annual accounts truly and fairly represent the result of the cooperative’s operations during the previous
fiscal year, its financial situation and the cooperative’s property;
b) verifying conformity of the accounting practices with the rules in force;
c) examining the accuracy and conformity of the annual accounts with the information given in the management report of
the Steering Council
The Ministry of Finance and Economy shall bear the cost of the financial audit1.
The Steering Council

The Steering Council is the body of the cooperative which is vested with all the management powers except for those
expressly within the authorities of other Cooperative bodies or powers limited by the cooperative’s statutes and shall only
be exercised within the limits of the cooperative’s purpose.
The Steering Council shall have the following powers to:
a) review and revise the annual accounts of the cooperative and present them to the general assembly of the cooperative
for approval;
b) elect and dismiss the president from amongst the Steering Council’s members;
c) appoint a member of the cooperative to fill a vacancy of the Steering Council;
d) convene a general assembly of the cooperative and determine the general assembly’s agenda;
e) appoint the cooperative’s director;
f) admit or exclude members; and
g) borrow, issue securities or commercial paper, or secure debts of third parties.

The Steering Council shall consist of at least three but no more than nine members appointed by the statute or founding
assembly when the cooperative is founded or by the general assembly in a regular meeting and shall serve for a period of
at least three but no more than six (6) years2.

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A member of the Steering Council:

a) shall be a Member who is not liable for any debts towards the cooperative at the time of his appointment, and on whom
no penalty for an economic crime has been imposed;
b) shall not be the spouse, the parents, children, of a member of the Steering Council;
c) shall not be an employee of the cooperative;
d) shall be at least 18 years old

A member of the Steering Council shall never borrow from the cooperative or obtain the guarantee of the cooperative for
his own personal debt, and shall be personally liable for any breach of their duties toward either the cooperative or third
parties.
A meeting of the Steering Council shall be convened by the president or by the president on demand by a 1/3 of the
members of the Steering Council. Minutes of the decisions of the Steering Council are chronologically recorded in registers
maintained at the registered office of the cooperative.
The President
The president of the cooperative shall have the following powers to:
a) represent the cooperative in any suit;
b) execute all the decisions of the Steering Council excluding those decisions delegated to the Director; and
c) control the work of the director.
The Director
The director of the cooperative is in charge of the day-to-day management of the cooperative.. Also s/he has to adhere to
certain conditions. The person holding the manager’s position:
a) shall not be a cooperative Member;
b) shall have a labour contract;
c) shall not have been convicted for any economic based offence ;
d) cannot perform any simultaneous activity that would be in competition to the activity he performs for the cooperative
The functions of the director shall be described in the statute of the cooperative.
Net Incomes and Losses

Any annual net income shall be allocated in the following order of priority:
a) 5% in the compulsory reserve fund;
b) 5% to a Reserve Fund for reimbursement of shares for members who leave the Cooperative;
c) any amounts required by the statute of the cooperative for the reserve fund;
d) any amounts necessary to pay interest on the paid up capital of the cooperative Members;
e) any amounts to pay cooperative Members in proportion to their activities within the cooperative;
f) any remaining amounts to the account of accumulated surplus and losses, or other funds to be kept in reserve.
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Any Annual Loss shall be allocated to the account of accumulated surplus and losses. Members shall not receive any
interest on shares and no allotment to the Reserve Funds is to be made if it hinders payment of any distributions or
interests1.
When Net Assets due to losses are less than half of the highest share capital reached since the cooperative’s foundation,
an extraordinary meeting of the general assembly shall decide whether the cooperative should be liquidated or maintained.
If the decision is to maintain the cooperative, the members shall contribute an amount necessary to bring the Net Assets
of the cooperative to at least half of the highest share capital reached since the cooperative’s foundation.
In the absence of such a decision by the general assembly, any aggrieved or interested party may bring the matter before
a competent court, which may issue a decision requiring the liquidation of the cooperative.
Law No.2003 / 9 on Farmers Cooperatives also set forth the: Liquidation and Merger - Break-up of farmers’ cooperatives
Liquidation
A cooperative is liquidated by virtue of:
a) the termination of the period for which it was established, or the completion of the activity for which it was formed
unless a new activity is decided by the extraordinary meeting of the general assembly;
b) a vote of the extraordinary meeting of the general assembly, in accordance with the statutes of the cooperative
decides by vote in unanimity of the cooperative Members;
c) a court order where the number of the co-operative members is less than the legal minimum; or there is a lack of
decision of the general assembly as specified in Article
The cooperative being liquidated remains a legal entity during the liquidation period for the sole purpose of its liquidation.
Liquidators are appointed by the general assembly unless the Court makes such an appointment2.
Net Assets remaining after payment of all creditors and the reimbursement of the contribution to the Members shall not be
allocated to the Members. The Net Assets are compulsorily transferred to another Cooperative or to an Union of Framers
Co-operative, or to another legal organisation of Framers Cooperatives. If a liquidation occurs pursuant to bankruptcy laws,
the provisions set out in the Law No.2003/9 on farmers’ cooperatives shall not apply.
Merger - Break -up

One or more Framers Cooperatives may transfer their interests to an existing Framers Cooperative or to a new Framers
Cooperative established by those Cooperatives. A Cooperative may split itself into two or more Cooperatives by transferring
its interests to new or existing Cooperatives. In both cases the Cooperative which transfers its interests pursuant to the
Law No. 2003/9 ceases to exist without being liquidated. In case the co-operative stops existing due to the reasons on this
article, co-operative assets will be transferred to its legal inheritors. Mergers and break-ups are only allowed between
Cooperatives3.
The Law No.2003/9 on Farming Cooperatives set forth for the:
Unions of the Framers Cooperatives (Unions)

Unions of Framers Cooperatives (Unions) can be established through the adherence decision of two or more Framers
Cooperatives which collaborate using their funds and their rights for the purpose of exercising a certain activity and must
be registered in the office for registration of legal entities. The decision for adherence is taken by the Steering Council of

92
each Cooperative and for this the general assembly during an ordinary meeting. If a Cooperative’s contribution to a Union
is limited to certain activities, the adherence decision shall specifically identify those activities. The members of the
governing bodies of a Union of Cooperatives shall consist of representatives appointed by the Steering committees of each
Cooperative. An Farmers Cooperative may neither be a member of a general partnership nor of any other form of business
organization where member liability is not limited to their share contribution. An Framers Co-operative may own shares of
a company engaged in business either by purchasing shares or by contributing to the share capital of such a company1.
The data on the number of Farmers’ Cooperatives taken from the Kosovo Business Registration Agency for each
Municipality are provided in the following table2.
Farmers’ Cooperatives according to the Municipalities

1. Deçan 1
2. Gjakova 6
3. Gllogoc 5
4. Gjilan 4
5. Dragash 6
6. Istog 5
7. Kaçanik 0
8. Klina 4
9. Fushe Kosova 0
10. Kamenica 1
11. Mitrovica 1
12. Leposaviq 2
13. Lipjan 2
14. Novo Brdo 0
15. Obiliq 1
16. Rahovec 5
17. Peja 2
18. Podujeva 2
19. Prishtinë 7
20. Prizren 7
21. Skenderaj 5
22. Shtime 5
23. Shterpce 1
24. Suhareka 1
25. Ferizaj 2
26. Viti 2
27. Vushtrri 2
28. Zubin Potok 0
29. Zveqan 0
30. Malisheva 3
31. Graçanica 1
32. North Mitrovica 0
33. Hani i Elezit 0
Total: 83
Conclusions
The establishment of cooperative can be a great challenge but also a very significant event. It requires very high confidence
in the functioning of the cooperative model, a lot of knowledge, research, planning, patience and dedication. The
development of cooperative maybe will not come early as it has been planned by the founders but we must have patience

2 Kosovo Business Registration Agency
93
for more time from what is foreseen by the founding act. Groups, members, founders of the cooperative who devote
themselves own financial means and time, with their dedication and commitment in the end will be evaluated with positive
results and financial benefits. Founders of the cooperative makes union labor and capital for many financial benefits for
themselves and for business - Cooperative.
Bibliography
[1] Law No.2003 / 9 of Farmer Cooperatives, Pristina on 15.05.2003;

[2] Law No.03 / L-004 on Amending and Supplementing the Law on Farmer's Cooperatives No.2003 / 9, Pristina on
13.10.2008;
[3] Law No.02 / L-123 on Business, Pristina 29/03/2007;
[4] Law No.04 / L-006 for Amamandamentimin and Supplementing the Law No. 02 / L-123;
[5] UNMIK's Regulation, No.2001 / 6 on Business;
[6] UNMIK Regulation, No.2000 / 8 on Temporary Registration of Businesses;
[7] Kosovo Business Registration Agency;
[8] www.arbk.org.
[9] Law Nr.38 / 2012 Agricultural Cooperative Societies, Tirana 23.04.2012.
94
The Indices of Creative Cities: the Global and Local Aspects
Prof. Dr Tomas Kačerauskas

Department of Philosophy and Communication
Faculty of Creative Industries
Vilnius Gediminas Technical University
Trakų g. 1, LT-01132 Vilnius, Lithuania
tomas.kacerauskas@vgtu.lt
Abstact
The paper deals with the indices of creative cities. Author analyses the different creativity indices suggested by both the
followers and the critics of R. Florida. The author criticizes the Florida’s indices such as Bohemian, Melting pot, Gay, High
tech, Innovation, Talent indices, as well as Minor integrative (diversity) and Major integrative indices. The indices of other
authors presuppose the questions about the role of the region in defining certain creativity indices. The author makes
conclusion that the uniform formula of creativity indices is impossible for two reasons. First, the creativity indices depend on
the region of a city. Second, the very strategy to have the uniform creativity indices makes the cities similar to each other and
no more unique, consequently, no more creative; as result, this strategy is anti-creative.
Keywords: creative city, creativity indices, global city, local region.
Introduction
“Creativity” is one of the most vague concepts (Barevičiūtė 2014; Černevičiūtė, Strazdas 2014). Despite this, the scholars
try to define and explain this concept using different creativity indices. The different sciences use different approaches
towards creativity. As result, we face very different research indicators of creativity. For example, psychology appeals to
the psychological indices (Cherry, Latulipe 2014; Furst et al. 2012; Runco 2004; Runco et al. 2005) including index of
imagination (Liang et al. 2013); sociology pays attention to the creative environment and its indicators (Hunter et al. 2007;
Baltrėnas et al. 2015; Kačerauskas, Kaklauskas 2014; Pruskus 2015) including mathematical models (Soler 2007; Carroll
2009; Cherry, Latulipe 2014; Weinstein 2014); pedagogy uses the predictors of creativity (Batey 2010; Juzefovič 2015);
economics appeals to the relationship between socialization, externalization, combination and internalization (Chang at al.
2014), as well as to the cultural production (Power, Scott 2004; Scott 2000). The urban studies integrate all these
approaches by using Tolerance Index (Florida, Tinagli 2004) and the regional city creativity indices (Gong 2013; Hong Kong
2004; Shanghai 2006). The researchers speak also about the factor data of creative city (Florida 2002; Florida 2012;
Çetindamar, Günsel 2012) that is inseparable from the concept of global city (Çetindamar, Günsel 2012). The concept of
creative city is inseparable also from the discussions about the cultural clusters and creative production in the cities (Scott
2000; Krätke 2003; Cooke, Lazzeretti 2008), as well as from the artistic activities in a city (Lavrinec 2014).
The concept of creative city has been based on the idea that a city with the creative activities is more attractive
to the investors. As result, it has priority in the global competition of the regions. The scholars speak about the concentration
of scientifically and technologically creative occupational groups (Krätke 2010), as well as about the role of creative
industries in the development of regional economy (Weinstein 2000).
The concept of creative city presupposes the idea that creativity of a region (a city) plays an important role in developing
of both national economy and welfare state. On the one hand, creativity is an aspect of culture. On the other hand, cultural
environment is the base of the creative impulses. Additionally, one of creativity indices could be cultural environment. The
paper deals with the possible indices of creativity, as well with relationship between cultural environment and creativity.
95
The indices of the creative city

Table 1 shows R. Florida’s (2002, 2012) creativity indices including two integrative. Bohemian Index refers to number or
percent of the artists (writers, painters, sculptors, composers, actors and so on) in a region. Melting Pot Index shows the
number or percent of people born in other region. Gay Index refers to the number or percent of mail couples in a region.
High Tech Index shows the part of high technologies in regional economy. Innovation Index shows the number of the
patents comparing with number of population. Talent Index refers to the number or percent of the graduates from
universities and colleges in a region. All these indices have influenced both the very concept of creative city and the indices
of creative city.
However, the mentioned indices should be evaluated in a critical way. Although Bohemian Index appeals to importance of
the artists in social development, it is not clear what kind of the artists should be accounted – all of them or the most
prominent, formal or informal (for example, the graffiti artists), the graduates of art schools or the members of creative
unions. Although Melting Pot Index presupposes the idea that the emigrants enrich the regional economy with the new
ideas, this index appeals to the creative capital that should be stimulated instead of the social capital. Although Gay Index
shows the level of tolerance in a region, the gay-ness is first of all a cultural category; additionally, the limits of gay-ness in
the case of bisexuality are also unclear. Although High Tech Index shows the openness of a society for the novelties, it is
impossible to separate the “high” technologies from the “low” ones. Although the Innovation Index shows the level of
technical thought, it ignores the fact that the patent industry is profit-making. Although Talent Index shows a weight of
educated society, it expresses also the devaluation of the university studies. The Integrative Indices have not less problems:
after summing the unreliable indices they become even more unreliable. Additionally, we can analyse other indices ignored
by R. Florida although they are important for the idea of creative city, such as the number of the green parks, the speed of
the internet, the level of computer literacy, the low level of suicides, the level of urbanisation, the economic growth, the
socialization etc.
Table 1. R. Florida’s (2002, 2012) indices of creativity
No. Index Integrative Indices
1. Bohemian Minor Integrative
2. Melting Pot Index (Diversity) Major Integrative Index
3. Gay
4. High Tech –
5. Innovation –
6. Talent –
Figure 1 shows the content of Euro Creativity Index developed by R. Florida and I. Tinagli (2004). Figure 1 covers three
first-level indices in European region including Talent, Tolerance and Technology Indices. Euro Tolerance Index has been
divided into two second-level indices. This schema has influenced the creativity indices of certain European cities including
Berlin, Copenhagen, and Stockholm. We face here the similar questions: why namely these indices have been taken into
account; what particularity of the creative indices do we have concerning certain European regions (Western, Central, and
Eastern)?
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Figure 1. Euro Creativity Index according to R. Florida and I. Tinagli (2004)

Figure 2, Figure 3 and Table 3 show the different indices of China creative city including Hong Kong (Figure 2), Shanghai
(Figure 3), as well as the integrative index of Chinese cities (Table 2).
Hong Kong
Creativity Index
Creative Structural/
Human Capital Cultural Capital Social Capital
Achievements Institutional
Index Index Index
Index Capital Index
Figure 2. Hong Kong Creativity Index (2005)
Figure 3. Shanghai Creativity Index
Although Table 2 shows only the first-level and the second-level indices, X. Gong (2013) develops also the third-level
indices. By developing the indices of creative city, all Chinese scholars stress the particularity of Chinese cities and appeal
to the necessity to research the local creative indices although based on the ideas of R. Florida and his followers.
Table 2. China city creativity indices (Gong 2013)
First-level Indices Second-level Indices
Industrial Scale (A) Creative Industries Scale (A1)
Creative Industries Accounted for GDP (A2)
Creative Ability (B) Talented Person (B1)
R&D Ability (B2)
Creative Environment (C) Cultural Environment (C1)
Social Environment (C2)
Potential Development Ability (D) Development Trend (D1)
Potential Development Ability of Talented Person (D2)
Openness and Tolerance (D3)
By analysing the indices of creative city, we face the problems as follows: 1) What indices are important in a region? 2)
What weight has every index in the integrative index? 3) How to account the integrative index? 4) What could be creativity
integrative index in certain regions including Central Europe? 5) Whether and how the indices of creative city are the factors
of urban (regional) sustainable development? 6) Whether and how the indices of creative city are the factors of economic
development?
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The global and local aspects of creative city

R. Florida and his followers appeal to the global creative city. According to him, the mentioned indices have universal
significance despite the region or continent. The paradox is as follows: while developing the social areas indicated by
mentioned indices we uniform the cities and lose their creativity. The phenomenon of creativity deals with uniqueness. If a
city tries to repeat the success of the certain creative cities instead of searching for its unique way it loses its creativity, too.
As result, such city has been doomed to failure. Similarly, we face dialectics of global and local aspects in every city. If a
city is global enough, it is like other cities around the world. As result, such city is no more attractive both for the tourists,
for the investors1 and finally for the inhabitants. Not by accidence, the scholars (Currid 2006; Çetindamar, Günsel 2012)
speak about global city and creative city together, i. e. about global creative city and its indices.
Cetindamar and Gunsel 2012 pay attention to certain limitations of Florida’s indices: 1) creativity has been
treated as an occupation, as result, it is a static view; 2) the Florida’s creative indices “overemphasizes the role of
technology”; 3) the creative indices are “intended to measure diversity of cities in one country, the USA.” (Çetindamar,
Günsel 2012: 1304) According to the authors, many of the indicators of innovativeness (R&D investments, patent data) do
not exist at the city level in Turkey. Referring to consultancy company PricewaterhouseCoopers, Çetindamar and Günsel
(2012) speak about the indices of creative city as follows: 1) top 500 universities, 2) public expenditures for higher education
per city and 3) Nobel Prize winners. The authors appeal to the factors of different origins, namely to the “hard” (R&D
manpower, R&D investment) and “soft” factors (management practices, governance structures). Finally, they suggest the
additional two “soft” indices (human development, knowledge flow through networking) beside three Florida’s indices (see
Table 3).
Table 3. The indices of global creative city (Çetindamar, Günsel 2012)

No. Index Origin
1. Creative occupation Florida 2002
2. Innovativeness
3. Diversity
4. Human development Cetindamar and Gunsel 2012
5. Knowledge flow through networking
However, the problems arise as follows: 1) Why only three Florida’s indices have been chosen? 2) What about
the mentioned paradox of global creative city? 3) What about the vague content of certain concepts (innovativeness,
diversity), as mentioned above? 4) Does the choice of the indices depend on the region of a city?
All these and mentioned above problems have not been solved neither by Çetindamar and Günsel nor by other
scholars until now. It seems that Çetindamar and Günsel try to correct the list of the creative indices in order to improve the
results of Turkish cities, first of all of Istanbul. However, the questions are more basic: 5) Is it possible to have a uniform
set of creativity indices for all cities around the world? 6) Is the strategy to have the creativity indices not anti-creative?
Conclusions
Sociology presupposes the empirical methods including the indices to be measured. Discourse of creative city requires a
uniform set of creativity indices that could be used by comparing the cities and by developing certain urban policy. However,
the uniform formula is impossible for two reasons. First, the creativity indices depend on the region of a city. Second, the
very strategy to have the uniform creativity indices makes the cities similar to each other and no more unique, as well as
creative; as result, this strategy is anti-creative.
1 The investment is also a kind of tourism.
98
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[3] Barevičiūtė, J. (2014). „Pagrindiniai kūrybiškumo ir kūrybingumo aspektai šiuolaikiniuose humanitariniuose bei
socialiniuose moksluose [The Aspects of Creativity and Creativeness in Contemporary Humanities and Social
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[7] Cherry, E.; Latulipe, C. (2014). Quantifying the Creativity Support of Digital Tools through the Creativity Support
Index. ACM Transactions on computer-human interaction, 21 (4), Article 21 (1–25).
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Philosophy of Peace as a Developmental Alternative of Society
Ferit Baça
Tirana University
Albania
feritbaca@gmail.com
Abstract
The knowledge of history, the knowledge for the lives of people of the world and especially the knowledge of our people, the
knowledge of the viewpoints of philosophers, politicians and theoreticians about peace, as a spiritual and universal value,
even today remains the orientation compass towards it. On the one hand, the aspiration of these people and nations creates
the existential condition for a long lasting and a permanent peace. From the other hand, the existence of wars, regional and
global conflicts in different times brings in the tables of philosophers, diplomats and statesmen the need of engagement in
theoretical, political, juridical and practical level. The idea that “Peace is a concept that refers to the lack of a conflict, but at
the same time represents a wider concept that refers to security in social relations or economic welfare, the equality and
justice in political relations of a state, in lack of war or in lack of a conflict”, witnesses the complex nature of peace. Another
definition of peace even refers to keeping balances in human relations, tolerance and solving problems through dialog and
deals. But above all this rationalizing and paradigms, peace is a dominating element in democracy because it is related to
honor and guarantee of freedom and basic human rights. The concept of peace, couldn’t escape from different interpretations,
varying on the historic-cultural level of society. That’s why the topic “Philosophy of peace – developmental alternative of
society” aims to bring into light the role and the importance of peace in the development of human society.
Keywords: Peace, war, tolerance, justice, equality and human freedom.
Peace is the virtue of civilization. War is its crime

Victor Hugo
Introduction
From the first steps of human society’s life, the philosophic thought has tried to reflect the causes, the origin and the relation
between war and peace. Not just that, but philosophers of this period, for instance Plato, defined the dimensions of this
human fatality in borders that go from alive people to dead ones through his famous saying: “Only the dead has seen the
end of the war.” But peace cannot exist, without having the education about the meaning of it and without feeling the need
for peace in human society, and this is also the essence of this education. Education for peace remains the main mission
that contributes in the improvement of relations in human society. It enables us to manage the conflicts in a natural and
constructive manner. The treatise of education about peace is seen in many aspects, in its different aspects and its content.
It plays the role of a building upon which, other “floors” are going to stand.
As there are two much people who thing that violence is inevitable and that war is still accepted as a legal tool through
which, states may follow their national interests and protect them, the education of peace is closely related to run away
from violence and stop war. The states failure to find different alternatives from the one of war, created a legitimate belief
for the inevitability of war. Scholars of peace have already expressed the need of assimilation of the concept in order to
stop the war. There are a big number of strategies about disarmament programs and solving conflicts. The future of peace
is closely related even to the establishment of a secure peace, that proceeds from welfare of a society, where the state of
law rules and the main human rights are respected.
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A short historical-philosophical glance over peace

The origin of the notion and the meaning of peace, that has arrived to us nowadays has it’s roots in ancient times. The word
“Peace” has it’s origin from the ancient English and means “freedom from conflicts”, comes from Latin language “pax”, while
in the ancient Greek comes from the word “eirene (Ειρήνη)”. In ancient times that symbolized harmony, tolerance and
understanding among people. Today, this notion refers not only to the process of reaching peace among individuals of
society, but also in a meditative, richer and more complex context such as “Being in peace with yourself”, this means
achieving a state of serenity and harmony with yourself. In times, the origin of this concept has evolved gaining a wider
dimension and meaning.
Peace is a concept that refers to the lack of a conflict, but at the same time it represents even a wider notion related to the
field of human or international relations that has to be healthy and in accordance with the international values. This concept
means the achievement of an economical well-being, the establishment of justice in political relations, also the lack of war
or conflicts. Another definition of peace includes even having balances in human relations, tolerance and solving conflicts
through having dialog and making deals. Peace is a dominating element in democracy because it has to do with the respect
of freedom and basic human rights, and with the guaranteeing the respect of these rights. However, the concept of peace
couldn’t escape from interpretations in different forms varying from the cultural level, experiences of society and to the
historical and political context it is experienced in.
Today, peace is nourished even from the cultural level of modern society, that includes even the establishment of a spiritual
peace with itself, which closely relates to the highest moral values of man. Love for peace was transformed in a vital
movement only during the XX century, when it was strongly set against First World War and exercised a wide activity even
latter during war in Vietnam, Iraq etc. During the period of Cold War between United States of America and ex-USSR,
pacifists protested against the use of atomic weapons, which can cause a new World War. During the war in Iraq, the
pacifist movement supporters had the idea that war against terrorism couldn’t be solved with the use of weapons but,
through other peaceful ways, making space for diplomacy and making pressure to strengthen the laws.
Peace and its two sides of “medal”
The one side of the medal of the problem of peace remains the level of human freedoms that man had in today’s society.
The progress of democracy and its content is closely related to the fact that how much from the field of the rights and
freedoms the individual and the human society “grabs,” from the state. Human freedoms and rights form the basis upon
which the democratic system of a society is raised. The other side of the medal on the problem of peace, remains the
establishment of right and stable relations with other nations. In this framework, a right and a stable peace cannot be done
without righteousness. It will be established and strengthened when it is supported on the basis of legitimate right of people
and not on the basis of interests of some powerful countries, which in relation with people and states, impose their
hegemonic and enslaving policies. This point of view announced from prominent personalities protecting peace and
freedom, has been transformed in principle and work program for international organizations, as warrantors of a stable and
a permanent peace. A considerable number of philosophers, influenced by the ideas of Kant and Rousseau, concluded
and formulated enough concepts that overcame those of the above philosophers, in response of the need of our times
finding arguments for the phenomenon of reciprocal and stable relationships between justice and peace. In this
formulations justice is evaluated as a human request and an important virtue throughout which the rights of individual and
all society are protected and guaranteed.
The essence of this outlook is supported on the existence of a close relation between the justice of everyone with the peace
of all. Justice and peace are not empty concepts or distant aspirations, but values that are gained and a common wealth of
free and emancipated people. In this sense the protection and keeping of peace and justice requires an all-inclusive
commitment of all, considering that as primary task of society. History of humanity witnesses that peace and justice have
conquered new spaces in accordance with the stages of society development. It’s the duty of philosophers to manifest in
front of human society, not only the historical and philosophical circumstances of relations and influences that exist among
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human freedom itself, freedom of society, justice and peace, but also the new visions about them, as the only alternative
over which human life is raised and developed.
The ideas on the need of education of human rights and freedom have had an important space in the theories and
philosophical viewpoints of Hobbes, Rousseau, becoming prominent with a special brightness in the philosophical thought
of Kant in the book “Permanent peace”. In the concept of Kant, human right have a dependence and a reciprocal relation
with “Permanent peace” itself. In our times, human rights and freedom not only make the mainspring of democracy of a
society itself, but there are also demarcation lines that separates and distinguishes countries that have a democratic system
from the ones that have a totalitarian one. There are two things that remain the main values of education for peace : non-
violence and establishment of social justice that permeates all the process of education for peace.
Nonviolence is witnessed through values of respect and protection of human rights and freedom, while social justice is
done through the establishment of a social system where all people are equal towards law. Education for peace, includes
not only the educational process of peacemaking, but also raising capacities and knowledge for peace. But alone, the
education for peace, can not achieve all changes needed for peace. Preparation of people in order to achieve making
changes and achieve desired goals encourages people to seek knowledge and to discover possibilities about solving
problems and improving the level of culture for peace.
In treatises of modern philosophers prominent is the idea that human rights and freedoms, except for the natural character,
also have historical character, which means that they are consequences of social war in all aspect: military, political,
scientific, cultural, religious etc. Human rights today are transformed in a credibility passport for the level of society. These
rights of social-natural character, play a progressive role even for the protection of religious views and human freedom. But
they also serve as a limitation for religions, which are really free, but they don’t have the right to violate the freedom or
political beliefs of other people. In the tendency and historical efforts of man to own nature, as Rousseau used to say, “Men
is son of nature”, extending his own freedom and rights, there were also added to man, some new allies of development
and progress that raise in proper proportions. So, not only victories of revolutions would “change” boundaries and concepts
of freedom and human rights, but of the same importance would the effect of innovations and discoveries in different fields
of science be, extending so the space of their content. That’s why we can even say that, to the concept of an infinite world
in time and space, responds the infinite of freedom and human rights. That means that their limits are relative and
temporary, because they are extending and changing, varying on the conditions and vital needs of people.
Nowadays the concept of freedom and human rights takes more and more vital spaces, for instance even in the protection
of environment. From historical studies of freedom and human rights development, we notice that coming to a progressive
end marked a new start of development, and when this is achieved, society goes toward progress. It means that this
achievements and limits, are now transformed in a protective barrier for the development of democracy, not just as a
concept, but also as a real vital wealth of society. Someone who was born in our times has enough privileges compared to
someone who was born half century ago. Also, special social groups, have special status, as children, infants, invalids,
blind people, miners, seafarers etc., especially half of the population of human kind, or the cradle through which society
was born, women, today have even more rights authorized by laws, national and international conventions.
The contribution of International Organizations for Peace

Necessity and need for peace, has made people and their representatives raise a network of international centers of
organizations that offer services for protection and education of peace. For this reason, the contribution and evaluation of
scholars and philosophers of our times on their role in protecting peace and preventing war is already known. In essence,
International Organizations are structures with economic, political, military, cultural, and technic-scientific character that
represent different interests, which function in accordance with the common, will and ideal, reaching their aims and goals
through intensive collaboration. International Organizations have as a foundation of their work, avoiding war as a method
and primitive practice for finding solutions of conflicts between people and nations of a specific region and wider than that.
But in the spirit of this principles, they have to resolve in peaceful way contradictions that raise as a result of historic-political
development, they have to contribute through active participation in military missions of security and peace, they have to
protect and save civil people during weaponed conflicts.
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Their role is irreplaceable in disarming of both groups in case of a conflict or war. Through interaction with each-other they
offer different services of cooperation based in common interests. The creation of facilitating conditions and communication
among states, enables them to apply a number of functions and regulative services, of their sources and their potentials
for collective protection and keeping peace. Education of people with philosophical concepts for peace and creation of a
peaceful culture for every community remains the foundation of their work. The increase of the spirit of peace in today’s
society would calm even more the differences of viewpoints and cultures contributing in the creation of a cooperative
environment for people, independent from races, colors and cultures.
Problems related to the peaceful co-existence are not only a property of politicians, national leaders and social studies
scholars, but a property of all people. Every member of society today has to be conscious about responsibilities that proceed
from this. A special task lays down in front of today philosophers and scholars, they have to present scientific arguments
against prejudice that has its roots deep in the mentality of people, philosophers they also have to set people free from
dogmas and to deliver them from choosing the alternative of violence or other forms that lead to confrontation or use of
violence. That’s why what remains a the focus of their work, is the study of contradictions of a certain time and the causes
why these contradictions are raised.
The life of human society has witnessed that confrontations among nations have always been present and they already
are an objective reality. The duty of scholars is to present to the ruling elite the consequences and to emancipate the
international social opinion on the cost that bloody conflicts bring among nations and to make them aware of peaceful
configurations and developmental alternatives. Another front “war” that remains, so theoretical as practical, is the work in
order to protect and keep peace in front of the real stubborn concept that, war is a necessary evil and part of the social
reality. Knowing that nature and society are permeated from terrible conflicts and contradictions with fatal consequences
for society and environment, the knowledge of laws of nature and human society takes a special interest for the effective
management of peace and understanding among people.
Many new objective truths that concern the emancipation of people over nature and the causes of war have to be known;
the fact that no war have real winners, the fact that always the part that was damaged more was the poor strata, because
from that strata the fighters who shed their blood, came from. The emancipation of people, of social and elite strata, that
have a special influence in society, is a primary task for the recruitment of the big group of the pacifist army in the world. If
people and their representatives became aware of the catastrophic results of wars and conflicts, they will not only know
how to react towards war-mongering government, but also to be against them. Pacifists occupy a permanent place in
movements for peace, making aware and convincing indifferent politicians, governments and people to be active members
in keeping peace. Peace organizations have to put under pressure the governments and policymakers to implement
solutions and proposals for peace that are recommended in national and international conferences. It’s true, peace cannot
be brought through phrases and beautiful lectures, but through work and sacrifice. The full management of ensuring peace
in the world will be achieved when at the top of all movements and initiatives for keeping peace, will be people of nations
themselves.
Conclusions
Centuries over centuries the desire of people for peace continues to be a distant dream, because human society inherits
problems from the biggest ones that harm its security and its existence itself. The human society continues to suffer a big
number of severe problems as, consequences of globalism, having different levels of technological development between
developed countries with an advanced industry and the majority of undeveloped countries, of financial conflicts because of
utilization of raw material from developed countries, conflict from politic causes or because of cultural, religious differences,
without mentioning the conflicts that may be stimulated from threatening, insults and discrimination. The efforts for the
establishment of democracy are efforts for the organization of societies, in order to support the triumph of new social values
and the functioning of the state of law in full harmony with them. A number of new circumstances, for example, the
development of industry and the inventions in military field in the majority of most developed countries of Europe,
encouraged from ambition for supremacy and possession of other territories or new colonies and for the utilization of natural
sources, of raw material and workforce, were transformed in a lightened wick for the explosion of different wars. Enough
agreements and treaties of unilateral or multilateral agreements had just avoided temporarily war explosions.
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In a paradoxical glance, disappearing the conflict from the universe that we live in, means disappearing human life itself.
As far as we live, we will have conflicts, the world we live in is a world of diversity, different ideas and viewpoints, which we
cannot avoid, they can frequently became a starting point for conflicts. From this proceeds the idea that, the duty of an
organized society is not the disappearance of conflicts, but their management and finding solutions which cause little loss
and have low cost. The philosophy of XXI century refers “with loyalty” to human generations, models of the topics of their
achievements of philosophical thoughts of the past, with their picks and brightness, but also having conservative outlooks
or load ones, that just move around in emptiness, chew and re-chew the knowledge of past philosophy, more as a purpose
in itself, than as a viewpoint that arms today society to face the conflicting topics of today’s world.
References
[1] Anthony, Giddens. “Sociology”. Tirana, Albania: “Çabej” . 2002. [Albanian translation].
[2] Betty Reardon & Alicia Cabezudo. “Teaching toward a culture of peace”. Tirana, Albania: Publishing House. “Dita”.
2003. [Albanian translation].
[3] Carter. April. “Success and failure of arms control negotiations”. Oxford University Press 1989.
[4] Rousseau, Jean-Jacques. “The Social Contract”. Tirana, Albania. Publishing House. “Luarasi University Press”. 2007.
[Albanian translation].
[5] Samuel Enoch Stuph. “Philosophy - history and problems”. Tirana, Albania: Publishing House. “Toena”. 1998.
[Albanian translation].
[6] Sylvan Barnet and Hugo Bedau. “current issues and enduring question, methods and models from Plato to the
present”. A bedford book. St. Martin’s press. New York. 1987.
105
Annulment of Assembly Joint Stock Company Decisions - Theory, Legislation and Practice
in the Republic of Kosovo
Kemajl Ademaj, PhD. Cand.

European University of Tirana
REPUBLIC OF KOSOVO
kemajlademaj@hotmail.com
Abstract
The aim of this thesis is, treatment and give the response in question if the assembly of Joint Stock Company is obliged, to
issue decisions in accordance with public moral, legal order, law and entrance regulation of Joint Stock Company. To give
response in such questions, will be treated general theory aspects regarding notion of invalid decisions and causes that makes
such decision invalid. Will be treated effects of invalidity or invalidation of decisions. We will try to found if is existed in the right
of JSC in Republic of Kosovo, a solid theory, legal and practical base, initially for classification and than for annulment of
assembly JSC decisions of the invalid character. We will try to show which are the basis from which in the judicial system
continental and Anglo-Saxon states, are flow obligations to announce as invalid decisions of assembly of JSC. Will shows the
consequences of invalid announcement of assembly of JSC decisions and especially will be treated claim for annulment of
mentioned decisions and procedure for annulment of decisions. Will be clarified especially actual legislation in the Republic
of Kosovo, which treat emphasized problematic and court procedure for annulment of mentioned decisions.At the end of
thesis, will be given conclusions from findings from treatment and recommendation for actions in the future.
Keywords: Assembly of Joint Stock Company, decisions of Joint Stock Company decisions with invalid character, claim and procedure
for annulment of decisions.
REVIEWED LITERATURE
For treatment with sucses of discussed topic, are used and consulted books and articles which treat nullity and annulment
of assembly decisions of shareholding, with specific emphasize, nullity and procedure of annulment of decisions of
assembly of trade society in Kosovo. Basic literature for thir thesis is book; The right of society, from known Croatian author
Jakša Barbic.1 Author, in chapter VII in mentioned books, treated nullity and refutable decisions of general assembly.
Treatment of mentioned matter from this author, mainly is made by based in Croatian law for trade societys, where are
givene explanations for nullity and annulment of decisions of general assembly of trade society. In facr, in this project,
because of restricted environment are not treated refutable of decisions of general assembly of trade society, but I was
referred only to the acts-decisions of their annulment in the foreseen procedures by the law. Also in this article, I have been
focused only in the annulment of general assembly trade society decisions, without treating nullity of assembly acts with
limited liability, this is because the fact that there are some differences between these two forms of legal organization of
trade society.2 From books of local authors, are treated book;The Albanian right of trade society,I-st publishing, Tirana, of
author Dr. Argita Maltezi.3Mainly we agree with basic standing of author that; “…nullity of trade society is treatable, different
from absolute nullity of acts by the Civil Code. In trade law, this characteristic is shown as for acts which are required for
establishment of society, but more visible also in provisions on nullity of legal acts issued from society during exercise of
its actiovity”.4 Are treated Consitution, Laws and Regulations and Convention, with which are treated issues regarding
nullity and annulment of decisions which are issued from trade society assembly, with specific emphasize in nullity in
procedure for annulment of legal acts of nullity character also in web page with datas from internet.
1Barbić Jakša, Right of societies, First book, General part, second publishing amended; Organizator, Zagreb, 2006.
2Barbić Jakša, cited book, pg . 807-889.
3Dr. Maltezi Argita,Albanian right of trade societies, Editioni I, Tirana 2011, pg..284-298.
4 Dr. Maltezi Argita, cited book, pg, 286.
106
METODOLOGY
Thesis is treated by basing in historical, legal and comparative methods. By using historical method, is made comparison
of datas and findings by seeing in time aspect. By using legal method, are given findings, based in objective rality and legal
solutions offered for regulation of treated problems. Byusing comparative method, was made comparison in time and area
of treated datas.
RESULTS
Founded results are treated by given theoretical reasoning1, which are based in treated literature, legislation and practical
solutions of the problem, because of this reason the same are not shown through graficons, figures and numbers.
DICSUSSION OF ISSUE AND RESULTS

As it said above, in thesis are treated: general theoretical aspects; effects of nullity of decisions, legal base for classification
and annulment of decisions of trade society assembly of nullity character in the Republic of Kosovo; bases from which in
continental and anglosakcon legal system places, are derived obligations to reveal decisions as null of trade society
assembly; consequences of revealed null decisions of trade society assembly, claim for nullity of mentioned decisions and
procedure for annulment of decisions.
1. General theoretical aspects

Decisions of general Assembly of trade society is multilateral legal work, through which trade societys express their will.
From this, decision contains positive and negative relocation regarindg decided claims. Howsoever will be decided negative
or positive, decision should be given in accordance with Constitution, Cogent provisions, legal order and public moral.
Because it is talking for general assembly of trade society as his organ, its decisions should be in accordance with statute
of society as basic legal act of society. Decisions should be based in abovementioned acts, in contrary should be in
accordance with mentioned acts also in contrary will be soncidered as decisions with legal shortcomings. Decision of
general assembly should be in accordance with mentioned acts also in formal aspect also in material aspect.
Consequences of violence of formal legal rules and legal formal rules with which decision should be in accordance are not
same. Based on that, decision will be:”a) fictive, b) without legal effect, c) null and d) flawable”2. From reasons that this
thesis is dedicated only to the treatment of legal acts with nullity character, in thesis is not treated aspect of fictive flawn
acts.
1.1.Notion of null decision.-Null is decision of trade society assembly which is not acdepted by legal order because of
hard legal shortcomings without taking into account that it is talked about material or formal shortcomings. In fact because
of shortcomings which contains such decisions are null because to them is missing legal effect for which have been issued.
Because of that, their annulment derive fvrom law and that from their issuance. Consequences of nullity of trade society
decision, are as of every other legal work.
2.Reasons for nullity of decisions.-

Reasons for nullity of decisions, in some places are tacsatively numbered with laws-numerus klausus. In these places, laws
tacsatively has numbered cases when decision of trade society assembly can be invalid. Places which tacsatively
numbered in their legislation reasons of invalidance of decisions are Croatia, Germany, Austria etc3. Because of that
1 Eko Umberto, How is made thesis, translation from original ilatial dr.Kristina Jorgaqi, publishing Tirana 1997, page 31.
2Barbći Jakša, cited book, pg. 807.
3 Barbić Jakša, cited book, pg 815.
107
reason, Law for trade society of Croatia in article 355, tacsatively numbered reasons from which decisions of assembly will
be invalid and flawn1. In other side, numerous states, was not numbered tacsatively with law-numerus klausus, reasons of
invalidance of decisions. In this category are taking part also Republic of Kosoco and Republic of Albania. In fact, the
advantage of this method stand in the fact that with the case of evaluance of invalidance of decisions of trade society
assembly, has a flexibility possibility with the case of evaluation that one act is invalid or notand there court has a big
possibility of free deciding and in accordance with factual situation. Howewer this system created legal insecuritybecause
of the fact that invalidance cases are not determined tacsatively with the law. In the law for trade societys in Kosovo in
article 192.2 is determined as follow:” Issues which are in exclusive competence of trade shareholders, which is forewseen
as above, can not be decided from the board of diorector or officials/managers, of from whoever other body of the company.
Controversial provisions in statute or regulation, and every other taken decision in the base of these controversial
provisions, by legal aspect, is invalid and has not legal effect” However, in general we agree with opinion of prof. Barbic,
according to which reasons for invalidity of decisions can be separated in a)omissions made because of non regular
summon of general assembly; b) formal omissions made in general aseembly; c) material legal reaspns according to which
will be invalid every legal act; d) court decisions; e) special cases of invalidity and f) application of court decision for deletion
of decision of general assembly in court registry or made registration in the base of this court decision”2.
2.1. Invalidity of decision, because of irregular summon of general assembly.-

Kosovo legislation did not contain expressly provisions according to which were annulled decisions of general assembly
because of irregular summon of assembly. However law in article 198.5 foreseen that “This failure immediately give the
right to shareholders, to exercise from one or more shareholders that contains less 10% of votes with the right of vote in
annual meeting, to invoke and held annual meeting of shareholders.” Law for traders and trade societies of Republic of
Albania, such cases has regulated in article 137 and in paragraph 4 of article 138, had determined as follow:”When general
assembly is not summoned according formalities of this article and article 137 of this law, this can be take valid decisions
only if all shareholders are not present and are agree to take decisions, independent of irregularity.”3 Legislation of Croatia,
tacsatively determined as invalid because of irregular summon of general assembly are these decisions, when: general
assembly not summoned which for this were authorized with the law and for that was not issue valid decision and if summon
for invoke of general meeting is not revealed or submitted as is determined with law, in article 277 paragraph 2, 3 and 5 of
the Law.
2.2.Invalidance of decision, because of omissions in minute of general assembly.-

Kosovo law also Albanian law, contain only provisions through which is regulated who take a minute and what should
contain, while did not determine that vilation of this provision submit to invalidance of approved decisions and written in
minute.4 In Croatia, taxatively is foreseen as invalid decision of general assembly of society and is not verified by head of
general assembly which decision is approved, form of coting and resulst of voting. We consider that this issue in the law
and Croatian legislation is regulated and is in accordance with European directives.
2.3. Invalidity of decision, because of non compliance of decision with existence of society and positive laws.-
Nullity of decisions because of non compliance of decision with existence of society and contradictions with positive laws,
is consisted in casxes if decision is not in compliance with existence of the company or if content of decision is ciolated
positive laws or provisions which protect interest of creditors, or is in contrary with provisions which protect public interest.
Of such character is also issued decision which did not remain in the domain of competencies of general assembly but in
the competency of other society bodies. As invalid decision because of violence of creditor interests, will be decision with
1 Article355, Law for trade societies of Croatian Republic, cleaned text, 11 october 2011
2 Idem.
3 Law for traders and trade society of Albania Law No.9901, dated14.4.2008, article 138 par.4.
4 See article 203 of Law for trade societies in Kosovo and article 143 of Law on traders and trade societies of Albania
108
whixh shareholders will mde separation of dividend in objection with rules for publication of share of incomes and show of
avtive and passive of the society. Case according to which invalidity will consists because of violence of rules which protect
public interest, before all are rules which made public order. As such will be violence of guaranted provisions with
constitution, as are guarantee of equality, freedom of trade, private property etc.
2.4. Invalidity of decision, because is in contrary with public moral.-

Until law not determine tacsatively that, the decision being null, conent of decision should be in contrary with public moral,
so can conclude that decision of general assembly areinvalid not only if content but also if purpose of their issuance is in
contrary with public moral. With this standing, are protected shareholder but also employees, creditors and costumers. This
is necause the fact that issuance of decision which are in contrary with public moral, has not to do with decisions which are
in contrary with determined norms but also with decisions issuance of which influence interes and public moral, has not to
do only with decisions which ar ein contrary with certain norms but also with decision issuance of which influenced interes
and public moral even that with concrete provisions is not foreseen.
2.5.Invalidity of decision, on the base of court decision.-

Decisions of shareholder society assembly, revealed as invalid also with court decision. Until this situation is came when
against decision is raised claim for annulment or fails of decision. If claim is approved, decision of the couret oblige society
to delete from register of enterprises this decision or oblige society to replace its decision with another one.
2.6.Nullity of decision, according other reasons for nullity foreseen with the law for trade societies or other laws.-
Law for trade societies and other laws, foreseen other situations, according to which decision of general assembly can be
annulled. As such can be decision which violates interest of employees, while with the case of approval, in assembly
meeting not take part representative of employees.
3.Claim for nullity of decision and court procedure.-

Main form for revealance of decisions of shareholder assembly as invalid, is with raise of claim for nullity. In fact, claim is
raised against society. The shpuld not be directed from member of society against any member, but from society member
against society itself. To raise this claim and presentation of public interest, dhareholder should made believable, his quality
as shareholder in society. Except shareholder, the right to raise claim is known also to the bodies of society as are directing
board and any member of supervising board. Until shareholder raise claim is obliged to shown legal interest for its raise,
mentioned bodies of society dfid not need to shown public interest for raise of claim, because their interest flows from itself
position of these bodies of society. It is important fact who represent society in such claims. If the raised claim from one or
some shareholders, so in this contecst society is represented by directing board. But if claim is raised by board or any other
member of directing board, so society shpuld be represented by supervising board. And in the last case when claim is
raised by the member of directing board and other supervising board member, law has not any solution. Competent to
decide for solution of contests from this area, in first instance is Basic Court in pristine-Department for Economic issues.
Second instrance court is Appellate court in Pristina-Department for trade issues. In procerdure according to extraordinary
measures decide Supreme Court of Kosovo.1 Interim measures, competent court can bring interim measure with purpose
of prevention of execution of approved decision for which with lawsuit is required annulment, if is made believable that with
its execution to the society can be caused considerable damage and irreparable. At the same time in such case will be
1See article 11.3, article 12 par.1 point1.1 and article 13 par.1 point 1.1 and 1.5, article18 par.1 point 1.1 and article 22, of the Law on
Courts of Republic of Kosovo Law No. 03/ L-199 22 july 2010 and Law No. 04/L-171 For amendment and fulfillment of law for courts
dated 20 december 2012
109
claim respectively content and its legal base, made belieavable.1 Mtter of contest to this claim is claim of claimant to be
verified by the court nullity of decision of general assembly of trade society in the base of ascertainment of factual situation
on which is based this claim, with effect to all. So, according is right the finding that decision of general assembly can be
attacked with constitutive claim2. In the contests for annulment of decisions of general assembly is applied general principle
for burden of proof, so each party shpuld verify facts on which support its claim3.
CONCLUSIONS
With this thesis, we document;
In addition of existent legislation and efforts for regular creation of procedures made with trade societies, the Kosovo is
accompanmajor challenges and obstacles. Law for trade societies in Kosovo, did not contain provisions which tacsatively
will numbered (numerus clausus) causes of invalidity of decisions of general assembly of shareholder. This legal situation,
give possibility for arbitrary interpretation of situations and conditions for revealance as invalid of mentioned decisions.
Such situation, created legal unsecurity, more, when couret system, of Republic of Kosovo is in first steps of its
consolidation. Legal practice and court practice, is not rich in such contests. This, is because the fact that in rality is not
any problem and contests of such nature, but from the facvt that in rality there is not problem, but from the fact that persons
which are engaged with business activities, often missing knowledges in such area. To this satiation contribute non eficasity
of court works. Is remained, recommendation that with the case of amendment of the Law on Trade sotieties in Kosovo, in
its provisions be incorporated provisions with which taxatively will be numbered (numerus clausus) causes of invalidity of
general assembly decisions of shareholding. Also is required increase of teorethical knowledge, which is necessary for
successful protection of their interest which deal with business activities, and effective works of courts. All, with the purpose
of removal of possibilities for broad interpretation of law and with purpose of creation of legal security.
GRATITUDE
For successful preparation of this thesis, I am gratitude to the Kosovo Agency for Business registration staf which helps
me in ensurance of data regarding presentation and court decisions in this agency and procedures when decisions of
general assembly of shareholders, are declared as invalid.
REFERENCES
[1] Barbić Jakša, Pravo Drustava; prva knjiga; opci dio; Drugo izmijenjeno i dopunjeno izdanje; Organizator Zagreb,2006.
[2] Cyril Nourissat; Business right of European Union, translated from French language in Albanian language from Edmond
Xhabija, third publishing, 2010, printed in Papyrus-Tirana-Albania.
[3] Eko Umberto, How is made thesis, translation from original ilatial dr.Kristina Jorgaqi, publishing Tirana 1997,
[4] Dr. Maltezi Argita ,Albanian right of trade societies; First publishing, 2011.
[5] Consitution of Kosovo, entered in force 15 june 2008.,
1 Annulment of decisions of shareholder society according new law of Serbian Republic, pg.7,
https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-
8#q=ponistenje%20odluka%20opste%20skupstine%20akcionare. Read for the last time dated 29.06.2015
2 Claim for annulment of decisions of general assembly of trade society-Some choosen issues Akademik Jakša Barbić; UDK:
347.72.037Scientific source work, pg.509, accepted dated december 2012; file:///C:/Users/CCKS/Downloads/1_J_Barbic.pdf, read for
the last time dated 29.06.2015.
3 Jakša Barbić, idem, pg.513.
110
[6] -European Convention for Protection of rights and freedoms of humans, addition protocol signed in Rome dated 4
november 1950,
[7] Law for trade society, of Kosovo Republic, Law No.02/L-123 27 september 2007,
[8] -Law no..2011/04-L-006 approved dated 23.06.2011, for amendment and fulfillment of law for trade societies of the
Republic of Kosovo No. 02/L-123 27 september 2007,
[9] Law for courts in the Republic of Kosovo-Law No.03/ L-199 22 july 2010.
[10] Law No.04/L-171 for amendment and fulfillment of law on courts dated 20 december 2012
[11] Law No.9901, dated 14.4.2008 for traders and trade societies of Republic of Albania,
[12] Law No.129/2014 for some additions and changed in Law No. 9901 dated 14.04.2008. :For traders and trade
societies”, amended,
[13] Law for amendment and fulfillment of Law on trade societies of the Republic of Kosovo no.107/07, 11 october 2011.
[14] https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-
8#q=ponistenje%20odluka%20opste%20skupstine%20akcionare,
[15] file:///C:/Users/CCKS/Downloads/1_J_Barbic.pdf,
111
Legal Position - International Recognition of Kosovo and the Right to "Self-Determination"
Elton Musa
Lecturer University "Alexander Moses" Durres, Phd.Candidate.
musaelton@yahoo.com
Aldo Shkembi
Lecturer European University of Tirana , Phd .
aldo-sh86@hotmail.com
Abstract.
This article aims to analyze the legal process - international state of Kosovo and the right to self-determination, where
especially trading special attention will be paid to the ratio between the State and their citizens in relation to the right of the
latter to decide , should be considered in the framework of international law perspective. Firstly comes treating theoretical
framework, over which viewed, meaning international recognition and the possibility of finding the best solution for the citizens.
The treatment of recognition of Kosovo in this article comes as one of the particular cases to a universal case, this case will
be treated to the formation of new states and their announcement based on the principle of "self-determination". Current
political status of Kosovo is the result of adherence to legal and geopolitical constraints that have been made at different times
by the policy of major countries expressed through this cognitive status and interests of citizens and beyond the interests of
international politics. This article examines the phenomenon of Kosovo's case, in the context of a historical treatment and self-
Legal as the principle of "self-determination" is also the point of incorporation between history, doctrine of international and
domestic law of a country. In this context the case of Kosovo as a case of "sui generis" international rights doctrine. The right
of people and nations to self-determination is a prerequisite for full use of all basic human rights.
Keywords: self-determination, human rights, international law, the internal law, Nation.
I. INTRODUCTION
The analysis comes and treated in this article as the will of a people and a direct expression of the principle of "self-
determination", the study takes an analysis of the resolution in the Ahtisaari package and the common elements that refer
to and derive directly in Kosovos Constitution. What are the problems that Kosovo is facing today, and what impact does
the decision of the International Court of Justice, all this comes and treated as a precondition for respect of human rights
in its entirety as human beings. The community of people within a state, in fact, that you are guaranteed the right to express
themselves, to live according to his faith, its customs and traditions, to preserve its language, its religion, and at the end of
last identity.
Treatment of recognition of Kosovo in this article comes as one of the particular cases to a universal case, this case will be
treated to the formation of new states and their announcement based on the principle of "self-determination". Current
political status of Kosovo is the result of adherence to legal and geopolitical constraints that have been made at different
times by the policy of major countries expressed through this cognitive status and interests of citizens and beyond the
interests of international politics. The debate on self-determination is strongly discussed in recent years throughout Europe.
Given that interweave a whole political emotions and economic interests is difficult to find clear information about what
really is and what is happening, but Top Chan's new state a social-political formation comes to us based the elements that
must fulfill itself to recognized as a subject with full attribution in international law. In article will stop at one of the elements
of the state, and precisely for addressing sovereignty and intervention for humanitarian purposes as a new concept evolving
even nowadays the international doctrine.
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II. PRINCIPLE self-determination in international law

The principle of "self-determination" is part of the group of fundamental principles of international law, its application in
practice is associated with significant consequences that occur as we enrich the world stage with its stateholders as well
as the presentation of the states. As a principle of international law it is connected and conditioned in some way with several
other institutes it. Establishing the principle of "self-determination" in the international legal background and treatment of
evaluation and its aspects will serve us to better understand the importance actual cases in which this has been
implemented. Therefore we will focus initially on the general framework of international doctrine and basic elements of the
state as a subject of international law for international recognition. With the development of human society in a world already
featured towards the respect of human rights and fundamental freedoms equally became necessary that regardless of
where the individual, respect for these rights is very important.
Through an analysis of the following about international law, domestic law and international legal norms generally as a
function of regulation of relations between states will examine the concept and operation of where it is and where is the
principle of "self-determination", nowadays1.The international law constitutes a system of norms and principles governing
international relations strain sovereign states and other institutional entities of international law These rates are created
before all of the states or to their interests or as a tool to facilitate the functioning of member organizations of which they
are. International Law in a broader sense it includes every aspect of interstate activities and facilities the functioning of the
international community. Precisely the development of international law by a system that was primarily to facilitate
international cooperation between entities (states), a system that aims much more control of his subjects constitutes the
most prominent feature of the history of law international in recent years.
II.I. THE NOTION AND REPORT international law and domestic law as a meeting point of the principle of "self-
determination"
Based on the theory that the modern legal science division accepted in domestic law and in international law, both those
rights will be part of the analysis for the concrete relationship between them. Starting from the principle of "self-
determination" will express the common meeting point for this principle occurs precisely in the relationship between the
domestic law. The law of a State separation is through the establishment of provisions in the highest normative act within
the state (constitution of a country). Through a set of norms (constitution) determine which international norms hierarchy
will be placed and what is the ratio between internal normative acts and international rate.
In its basic definition of international law is defined as a set of legal norms that regulate relations between countries, in this
context, the principle of "self-determination"2 includes two main aspects: the aspect of internal and external aspects, the
first aspect means that walking through make them feel free to choose and state economic order after. None intervention
from outside. While the external aspect has origin in full independence where the state as a result declared by the people
on whose behalf it was created chooses to be represented in the international community. The principle of self-
determination for people choosing to split, join or rejoin a nation state or another.
Right interior may take a definition as the entirety of legal norms concerning the status (position) of state and government
officials, as well as the norms that regulate relationships between government officials and citizens.3 Relationship between
international law and domestic law always expressed in the form of a debate between them, for the reason that no collision
stand by theorist and researcher of international doctrine if these two components of international law can be synchronized
or approximated between them in solving The issue, not to the prejudice each other. This discussion of the researchers
treated three main theories afflictions such as nihilistic, dualistic theory and the theory of the primacy of international law.4
According to the first theory which is based on the views of Hobbes and Spinoza, which expressly states that international
law unlikely to compete with domestic law Sese not exist as a right-genuine, but it can be as a code of rules that have only
moral force and not a system of norms and legal acts produced by a sovereign legal authority.
While it dualistic theory of second with typical representatives and Italian General TRIEPEL Anziloti, says: international law
and the rights of domestic are two separate systems that change each other by springs, regulating relations and entities
that have, but however not exclude and establishing a ratio between them. But the theory of primacy of international law,
not only accept international law as an independent system of norms and rules of behavior, but argue that it is a higher
legal order, and therefore it is important that the right of specific internal states. Given all three theories in international
113
right, we can say that the theory of the primacy of international law, lies closer to the concept of today among these rights
report that internal and international.
III: The right to self-determination in case of Kosovo

The idea of a self-determination in Albanian territories, and their political demands to establish an autonomous status
politico-territorial were inseparable part of the history of the Albanian people. Kosovo and the Albanian issue was the subject
of historical injustice, aimed the substance of the Albanian people and narrowing of the more his land.
The first attempt in the history of the Albanian people, in which we find elements of the principle of self-determination was
the organization of the Albanian League of Prizren (1878-1881). You can say that we find elements of the principle of self
determination for exactly this setup politico-administrative-territorial organization provided for a full political independence
and territorial. Its aim was to unite the Albanian lands and their independent declaration. "Kosovo in centuries represent a
collective of independent legal and political elements and territorial, which excelled with an ethnic Albanian majority.
Throughout history, Kosovo has been an autonomous whole territorial.5
League took over the major historical tasks: fight for the preservation of the Albanian lands against their cleavage in favor
of chauvinistic Balkan monarchies and ensuring autonomy of Albania, the establishment of a national unified Albanian
state.6 Ambassadors Conference in London in 1912-1913 is another milestone, but which marked the division of Kosovo.
Ambassadors Conference interests of Albania was signed in particular by the attitude of Russia, this conference separated
Albania leaving out Chameria and Kosovo and other regions with compact Albanian population.Addressing problems limit
the new Albanian state relied on considerations not ethnographic, historical, economic, etc., but became the powers under
the prism of the maintenance that "European concert", which, in the view of this diplomacy, could lead to an European
revolt.7
While the separation of Kosovo from Albania should not be considered as a right of Serbia because, as expressed prof. R.
Gurakuqi: "This country has to define it: the right of Serbia over Kosovo was not born as a result of a consensus smooth
integration of this territory, as a result of a popular general consensus, or a historical continuity unduly interrupt but as a
result of winning this territory as booty and internationally sanctioned by an institution, which in its core work were not
present basic principles governing international relations democracy to the principle of conservation by all means and ways
of concept European. Another important organization in the history of the Albanian people is the Bajan Conference of
December 31, 1943, which continued work until 1 to 2 January 1944. This conference has a special importance, because
it organized a meeting of all Albanians Plain Dukagjinit Kosovo and Albanians, Serbs, Montenegrins, etc., which expressly
stated that: "Dukagjini Plain Kosovo is a province inhabited by a majority of the Albanian people, who, as always, want to
join Albania.
Conference highlights Bajan resolution through three main elements, which determine right of self-determination of the
Albanian people in Kosovo:
1. Ethnic element, whereby the Albanian people are self determinated.

His stems from compacts layout in majority in that territory;
2. The historical element, i.e. antiquity of habitability that this region of the Albanians and the historical community of its
existence;
3. The political element, or the expression of political will plebiscite to join a state, in this case Albania, as a secular goal
and current Kosovo Albanians whose formulation different faces as the Albanian people want to join.8
However that the decisions of the Conference were never considered by the leadership of the Yugoslav state parties, for
Albanians it is a reference for the treatment of the Albanian issue.
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IV. ISSUES OF RECOGNITION AND CONSTITUTIONAL-LEGAL POSITION

1946 Constitution defines Kosovo as an autonomous province and as a constituent element of federalism, and will also
situated in the context of constitutional structure during this phase serbise.9 Kosovo has been a political subjectivity which
expressed its representation to right in the National Assembly to RFPJ-that. Organization and functioning of the organs as
seen and Kosovo during this period adjusted to the status of 1948 which was the highest legal act.
Kosovo Statute 1948 was the first act of the general normative Kosovo, which has expressed a form of independence in
organizational sphere, but always to the extent that could allow the then centralist system. In this act, overall highest act
politico-legal, regulated are important matters such as scope of the provincial authorities, local power organization and also
the extraction of all the acts of normative character. As the highest bodies of Kosovo, during this period were the People's
Council, the Provincial Executive Council and provincial administration bodies. During this period, Kosovo has enjoyed
autonomy in the judicial sphere; in the territory of Kosovo were formed four district courts and the district court, as the court
of second instance, while there was Supreme Court, as the highest judicial instance. By extracting the second status since
1953 Kosovo enjoyed few, such as: regulating matters of interest to the Province in the field of economy, of education,
culture, popular health and social care, care for enforcement and maintenance of public order. Kosovo as an autonomous
province, exercise supervision of legality in the work of popular councils in its territories, reveal the social plan and budget
of the province, except for the rights that the Constitution and the law were in the exclusive competence of the bodies
Republic.10
In relation to the Albanians of Kosovo, the Serbian period, we have a policy, which is to the detriment of the Albanian
people. In 1966, the public political scene of Kosovo appeared and articulated demand for the Republic of Kosovo status,
request that through the attitudes of the Communist Party, under the dominant influence Serbian, was rejected. The
rejection of this reasonable request of the Albanian people of Kosovo was one of the main reasons that prompted the
organization of the demonstration Student 1968, which was required to advance the constitutional position of Kosovo and
providing a national status for Kosovo.
Constitutional Acts, launched recent developments that are happening in Kosovo in 1968 years, demonstrations and
reactions contrary to the former Yugoslavia, essentially changed the character of the independence of Kosovo, we compare
it with its position, the first sanctioned Laws Constitutional 1953 and 1963. The main difference stands in restoring the
attribute "constructive", according to which Kosovo (like Vojvodina), were designated as a constructive part of the federal
structure of the former Yugoslavia. Kosovo adopted the Constitution as the act of senior legal to 02/24/1969. Alongside this
constitutional law, Kosovo enjoyed a wider legislative authorization. So previous normative powers, normative character,
replaced in this case with broader powers.
The constitutional law of Kosovo represent a fundamental act of a political and legal nature of the Province, which for the
form, content, techniques and its extraction was similar to the constitution, unlike previous periods when the rights and
duties of autonomous region treated as delegated or transferred from the republic, according to the new constitutional law,
the provinces were carrying functions of normative source, in a manner similar to the republics. But anyways, even the
definition of the term is an essential difference; when were so similar to the republics, although not enjoyed the same name.
For the sole reason that, despite this autonomous with this law was growing, still should not put into question the autonomy
of the republic.
In connection with this issue, Prof.. Education Eid says "called the law and not the constitution, as there never existed
specific explanations, but is treated more as a result of political compromise through professional whose efforts have been
made to preventing doubt that autonomy is breastfeeding the republic than the expression of content and essences that
tij.Extraction of the Constitution of the former Yugoslavia in 1974 and continued the process of advancing the position that
Kosovo's Constitution in the context of the Yugoslav federalism. Kosovo with the provisions of this Constitution was
determined as autonomous political unit territorial and constitutional autonomy. Constructive element position of this year
was very special launch legal-constitutional position they enjoyed in relation to other former republics although the
provisions of this Constitution does not expressly define, it can be said that Kosovo was an autonomous unit of federal and
constructive elements.
This Constitution for Kosovo has a special importance, as it gives it the right to self-determination of the new statutory-
constitution of its position after the collapse of RSFJ-se. Constitution of 1974, Kosovo was an autonomous political-territorial
115
units after independence constitutional and legislative sphere. Constitutional because Kosovo has had an organization in
order to develop the federation, in the political, economic and social, an organization's own internal, legislative sphere,
Kosovo has been carrying sovereign source of legislative regulation of all social relations that have was in the interest of
the citizens living in Kosovo, however, the legislative function, had limitations, as well as federations themselves have been
limited to the same extent with "federal legislation", which has been under jurisdiction of the federal authorities.11
All these attributes that define his 1974 Constitution, despite essentially look like elements of independence and functioning
as NCS independent state, with its own organization to a self-governing, Kosovo Albanians could not express their self-
determination in relation to the former -Federation. It neither can join Albania nor can split the former republics. Kosovo can
self-govern and organize themselves, see it always in the spirit of former RFPJ-that there could be a limit may be known a
territory, a majority Albanian population, a representative assembly, a court, first as a province within Serbian autonomous
federations.
V. DECISION AND INTERNATIONAL MANAGEMENT OF KOSOVO

With NATO intervention starts a new historic era for Kosovo, the beginning of the international administration in Kosovo
starts with 1944, which approved after the entry of NATO forces in Kosovo. 1944 is an initiative of. Security Council on 10
June 1999, in which placed Kosovo under UN administration, paving way international military and civic presence in the
territory of Kosovo, predicted What resolution? For this purpose, in essence, the resolution provided for the establishment
of a temporary international administration (UNMIK), on top of which should be a special representative of the Secretary-
General of the United Nations. This administration will establish and oversee 'development of self-government and
democratic institutions' in Kosovo, including the organization of free elections. Expected, also, the final removal of all
Serbian forces from Kosovo, as well as termination of any military action by the UC, K and Albanian Medical Ethics Manual
armed groups. To guarantee peace Resolution 1244 and, consistent with placement of a military force NATO to Kosovo.12
The international administration is temporary character • and aims to create favorable conditions for solving democratic
Kosovo's final status, this model is specific because, besides establishing international civil and military administration, it is
combined with a local self-government and a democratic process. and institutional, which along with the elimination of the
causes of the crisis and inter-ethnic hostilities, aims to deal with the elimination of the reasons that caused the crisis, then
solve the source of the crisis and enable a political solution to the crisis status long hours.
International mission, through Resolution 1244 and the Ahtisaari package aims deployment of talks and cooperation, for
the start of negotiations between the Albanians of Kosovo and the Republic of Serbia, These are the two parties that directly
refers package and resolutions, which party would always collaborate with third parties, it international. .Negotiations
between the parties as it is happening? International mission in Kosovo through a resolution, the Constitutional Framework
for Provisional Self, Ahtisaari package and then Kosovo Constitution tries to reach an agreement and cooperation, aiming
at launching negotiations between Kosovo and Serbia. Expressed Kosovo and the Republic of Serbia, because at first acts
for Serbia used the term Republic, while just called Kosovo Albanian side, 1244 and the Ahtisaari package are two basic
documents, which begin functioning foundations of Kosovo. In addition, we will look at some of the main points that deal
with these official documents, which not only provide for the temporary self Kosovo but also the launch of a new era for.
In legal and political terms, 1244 has sanctioned the state of the status quo, i.e. the situation that existed before the
demolition constitutional position of Kosovo as defined by the 1974 Constitution of 1244, in Annex 2 (item 5) to its rider to
Other sets for Kosovo: Establishment of an interim administration for Kosovo as part of an international civil presence under
which the people of Kosovo can enjoy substantial autonomy within the FRY, will be decided by the Security Council of the
United Nations . The interim administration to provide transitional administration, while establishing and overseeing the
development of provisional democratic self-governing institutions to ensure conditions for a peaceful and normal life for all
inhabitants of Kosoves.13
As for legal temporary status, 1244 for Kosovo promotes a new status, the self-government (autonomy) substantially within
integrity FRY. It is precisely this definition, therefore substantial self-governance on the one hand and on the other hand
the territorial integrity of the FRY, which brings problems in practical terms self-administration.The concept of substantial
government, which promoted in 1244, from which he will also refer to the following Constitutional Komiza for Provisional
Self brings a problem in terms of management and in its entirety as essentially that of the legal position of Kosovo. This
116
self-government does not contain the necessary attributes, that the rank Kosovo as a state entity, but with attributes which
distinguish as autonomous units with limited powers. Although promotes the concept of self Resolution on Kosovo, she
attributes the Mission of the United Nations Interim Kosovo (UNMIK-u) the final authority, the functioning of power in Kosovo
in his three traits: the legislative, executive and gjyqesor.
These attributes the find as the 1244, as well as the Constitutional Framework for Provisional Self-Government in Kosovo,
Resolution 1244 defines a restriction on the mandate of the International Mission for Kosovo, not clear defined powers
between international authority and democratic institutions of Kosovo, but by treating them simply as cooperating. It does
not set a time for an international defining mission nor the mechanism's final political status of Kosovo, but gives her a
temporary nature and pending a final settlement. Another document important is the Ahtisaari package with March 26,
2007. The package is a comprehensive proposal for resolving the status of Kosovo, Based on the principle of self-
determination, this package provides a condition for the status of Kosovo where its Article 1.8 stipulates that: "Kosovo will
have no territorial claims against any state or any state and will not require any state union or part of any state "Ahtisaari
package is the starting point for drafting the Constitution of Kosovo, which is in Article 113:" Kosovo shall adopt a
Constitution. The Constitution of Kosovo shall prescribe and guarantee the legal and institutional mechanisms, which are
essential to ensure that Kosovo is governed by the highest democratic standards, and which will promote peaceful
coexistence and prosperity of all residents as} . The Constitution will include principles and provisions included in Annex I
to this Agreement, but will not be limited to them. 14
The concept of substantial government, which promoted in 1244, from which he will also refer to the following Constitutional
Komiza for Provisional Self brings a problem in terms of management and in its entirety as essentially that of the legal
position of Kosovo. This self-government does not contain the necessary attributes, that the rank Kosovo as a state entity,
but with attributes which distinguish as autonomous units with limited powers. Although promotes the concept of self
Resolution on Kosovo, she attributes the Mission of the United Nations Interim Kosovo (UNMIK-u) the final authority, the
functioning of power in Kosovo in his three traits: the legislative, executive and gjyqesor.
These attributes the find as the 1244, as well as the Constitutional Framework for Provisional Self-Government in Kosovo,
Resolution 1244 defines a restriction on the mandate of the International Mission for Kosovo, not clear defined powers
between international authority and democratic institutions of Kosovo, but by treating them simply as cooperating. It does
not set a time for an international defining mission nor the mechanism's final political status of Kosovo, but gives her a
temporary nature and pending a final settlement. 15
Another document important is the Ahtisaari package with March 26, 2007.
The package is a comprehensive proposal for resolving the status of Kosovo, Based on the principle of self-determination,
this package provides a condition for the status of Kosovo where its Article 1.8 stipulates that: "Kosovo will have no territorial
claims against any state or any state and will not require any state union or part of any state "18 Ahtisaari package is the
starting point for drafting the Constitution of Kosovo, which is in Article 113:" Kosovo shall adopt a Constitution. The
Constitution of Kosovo shall prescribe and guarantee the legal and institutional mechanisms, which are essential to ensure
that Kosovo is governed by the highest democratic standards, and which will promote peaceful coexistence and prosperity
of all residents as} . The Constitution will involve principles and provisions included in Annex I to this Agreement, but will
not be limited to them. "The decision of the Court of Justice on Kosovo was based "on the initiative of Serbia , where the
General Assembly of the UN adopted the 8 October 2008 Resolution 63/3, through which, based on Article 96 of the UN
Charter and Article 65 of the Statute of the International Court of Justice, the latter was required to give advisory opinion
regarding the question: "Is the unilateral declaration of Independence, taken from governmental institutions of Kosovo, in
accordance with the right nderkombetare.16
Decision advisory International Court of Justice was announced on 22 July 2010. The Court confirmed that the
"Declaration of Independence of Kosovo of 17 February 2008 did not violate the norms of international law". This decision
received 10 votes in favor and four against. Advisory Opinion of the Court addressed among others some issues, such as
judicial and discretion of the court, space and understanding of the issue, the main acts. The court also stopped in
assessing whether the declaration of independence was in accordance with international law and general conclusions.
Court gives sc query response submitted by the General Assembly of the UN to address the principle of self-government.
"The Court notes at the outset that especially during the second half of the twentieth century 'of international law on the
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issue of self-determination is developed in such a way that the resort has recognized the right of peoples independence in
territories where there govern themselves, and people placed under elected, rule and foreign rule. A large number of states
are created as a result of the exercise of this right '.
Despite, she pointed out that there were • other examples of declaration of independence outside this context and that 'the
practice of States has not raised the issue of adopting a new norm of international law to stop the declaration of
independence in these cases. The court then stopped the arguments of some states regarding the borderlines of the right
to self-determination and assessing whether or not there is a right to 'disconnect (remedial Secession - disconnection as a
last resort). Regarding the handling of the issue given the "right to separate from a state", the Court held that "as may be
determined easily by the arguments of all the countries participating in judgment, this problem goes beyond the scope of
the assessment to the question posed by the General Assembly. "Where, according to it, to answer the question, it is
necessary only to determine" whether the statement violates the norms of general international law created by Resolution
1244 (1999) Security Council.
Where the decision of the International Court of Justice concludes that the norms of general international law not found any
concrete ban on the declaration of Independence, therefore, and the "Declaration of Independence of 17 February 2008
did not violate general international right" .
CONCLUSIONS
Thesis research on this topic starts with the basics of a fundamental principle, that of self-determination of people in general,
which directly call and affect states.
Issues of separation and the union of the states are the most debated topics today in the international arena, the principle
of self-determination that President Wilson in 14 points of his program until nowadays with the case of Kosovo brings an
evolution of this principle.
The will of people to secede from a state or to be declared independent in the international arena today judged case by
case, and therefore recent changes in the political map of Europe and not only those cases were more specific attribute,
"sui generis". We are working all supported not only in the history of nations or states, but also the basics of legal doctrine,
the main institutes and, crucially, the impact of the principles of international law for the establishment of the State and
respect human rights.
In the case of Kosovo can say it is a case of "sui generis", because given the principle of self-ruling has always sought
historical stages and its autonomy as independent and internationally.
Its act is discretionary Kacaniku Constitution of 1990 which not only declared an independent state but here will find and
the notion of the principle of self-determination as the internal advertisement of a nation and its application for recognition
in the international arena.
REFERENCES
[1] Dixon M. (2009) International law; Publications AIIS, Tirana.Puto A. (2002) International law; Dudaj
publications, Tirana.
[2] Omar L. (1999) Principles and Institutions of Public Law; Elena Gjika publications, Tirana.
[3] Rrahimi Sh. (1989) the Vilayet of Kosovo; Pristina.
[4] The group of authors. (2007) History of State and Law in Bangladesh ,Publisher, Luarasi University
Press.
[5] Gurakuqi R. (2012) Albania from 1911 to 1914; UET Press, Tirana.
[6] Bajrami A. (2002) Kosovo's right in Transition, Pristina.
118
[7] J. Zaganjori. (2011) Jurisprudence and International practice Publicatons Morava, Tirana.
[8] The Constitution of the Republic of Kosovo.
[9] Resolution of the conference that the Bajan - Publications Dukagjini Pristina in 2000.
[10] 1244 –Approved by the Security Council.
[11] Article 4/1 Ahtisaari package.
[12] Special Buletin , 5 years Consitution – Consitutional court and the Commission of Venice.
[13] The decision of the International Court of Justice for deklaraen the independence of Kosovo.
[14] Omari L. (1999) Principles and insitution of public laww, Elena Gjika Publicationc ,Tirane.
[15] Dixon M, international law; Publications AIIS, Tirana.

[16] Puto A. (2002), international law; Dudaj publications, Tirana.
[17] Omari L. (1999), Principles and insitution of public laww; Elena Gjika Publicationc ,Tirane.
[18] Special Buletin , 5 years Consitution – Consitutional court and the Commission of Venice.
[19] Rrahimi Sh. (1989), the Vilayet of Kosovo; Pristina.
[20] The group of authors. (2007), History of State and Law in Bangladesh .. Publisher: LUARASI University
Press.
[21] Gurakuqi R. (2012), Albania from 1911 to 1914; UET Press, Tirana.
[22] Bajrami A. (2002), Kosovo's right in Transition; Pristina.
[23] Gjeorgjeviq J. ( 1972) ,Constitutional Law ; Prishtine
[24] Bajrami A. (2002), Kosovo's right in Transition; Pristina.
[25] Bajrami A. (2002), Kosovos Right,s Transition ;Prishtine.
[26] J . Zaganjori. (2011), jurisprudence and international practice; Published Tirana: Morava;
[27] 1244 – By the secyrity council
[28] Ahtisaari package.
[29] Basic provisions of the constitution of Kosovo.
[30] J . Zaganjori. (2011), jurisprudence and international practice; Published Tirana: Morava;
119
A Current Overview of the Anatolian Bathroom Culture and Equipment in Terms of Design
Selahattin PEKŞEN
Mediterranean University, Antalya / Turkey
peksens@gmail.com
Abstract
Physical hygiene has been of importance since the existence of human being. Human being has tried to solve this problem
as the problems of nourishment, housing, making life easy against nature, and making life meaningful. Human being has
developed an important culture for thousands of years. Human being learning how to make a fire in the Stone Age (Neolithic
age) started to worship smoke and water vapor. Human being believed in purifying with vapor or smoke. We see that people
started to allocate space to bathing areas in their residences after they began permanent settlement.1 Thanks to the obtained
findings, we know that they produced solutions to wet spaces and established transportation systems for clean and waste
water. We see the first examples of those in Ancient Egypt, Mesopotamia, and in Hittite in Anatolia. We see that spaces
functioning as “bath rooms” or bathing places in gymnasiums in Ionia and Greece were converted into multipurpose social
building societies in Rome; and they came to be “bathhouses” having social function and forming bathhouse cultures in Seljuk
and Ottoman cultures. At the present time, general bathrooms (bathhouses) lost their importance and acquired new usage
functions and approaches. They are one of the absolute must units of the spaces, particularly of residential spaces. They are
special and elaborate spaces where the individual prepares himself for the day. Surface covering of bath spaces is ceramic.
It is natural that equipments of special and elaborate spaces are also special and elaborate, which is the case at the present
time. It has many dimensions from quality safety to aesthetical variety; and these phenomena are main problematic side of
design of bath space, its materials and equipments.
Keywords: Bathroom culture, tradition, design, bathroom tiles.
INTRODUCTION
Today, design phenomenon takes precedence over production and is a determining key element. It does not matter where
a product is manufactured, but by whom it is designed. The main point in design is to create what is different and new, or
to bring new different dimensions to a known product. There is a need for a set of data for the mental action to create
depictions in the design action requiring creativity. Such data is also closely related to know development process of the
product to be designed from the past and cultural heritage it has created. We can see this relationship when we look at the
"bathroom culture", the subject matter of this Article, through today. We will try to present them in the following explanations.
These explanations will demonstrate how user habits, social values (beliefs, understanding of everyday life, human
relations, communication, etc.), changing tastes and ideas, technical difficulties or technological solutions are reflected in
design. We understand that the water culture begins with human and water is used for cleaning purpose when we look at
the history of mankind. (Abbasoğlu 2003). It is a fact that different bathing cultures have evolved in different regions of the
world. Japan, Finnish, Indian bath cultures are those of significant cultures that we can so readily remember. We find
concrete evidence in ancient cultures that water is used for cleaning. It is known that civilizations, such as Mesopotamia,
Egypt, Anatolia, which forms the basis of today's modern civilization, have built washing places and washing cultures. The
"bath" phenomenon in Anatolia where we live on and which has formed our vertical culture and in the Aegean civilizations
of the first age civilizations, which are the continuation of Anatolia, created that unique, magnificent Roman bathing culture.
The "bath" phenomenon in the Roman culture which covered the Mediterranean Sea as an inland sea and spanned through
the surrounding regions turned bathing into a social institution with sports, games, entertainment and social events in
addition to bathing only, spread widely and created an extremely beautiful architecture, decoration and visual plastic works
(sculpture, relief, relief, mosaic, etc.). (Yegül 2006) Roman washing places were structured as spaces serving new social
needs in the washing priority in the Islamic world in the Middle Ages. They have disappeared for some reasons in Europe
where such places were built and developed in the same period. The Seljuk and the Ottomans have brought new
dimensions to the "bath (hamam)" phenomenon of the Turkish culture that made its presence felt in Asia Minor and the
Middle East in this period. This contemporary bathing culture has also provided contributions to the modern bathing culture
in terms of individual and collective bathing. Today's bathing culture has reached the dimension of resting, preparing one
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itself to the day from the idea of bathing for ''health and beauty'' starting from the 19th century. Accordingly, "bathrooms"
have taken their place in human life as an indispensable part of the new housing concept brought by urbanization.
BATHING CULTURE IN ANATOLIA IN THE FIRST AGE

Concrete findings related to the traces of bathroom culture in Anatolia are found in Hittites who lived in 2000 BC, despite
its known history of above ten thousand years as suggested in the excavations made in Şanlıurfa/Göbeklitepe and
Diyarbakır/Çayönü. Bathing and water cult in the Hittite culture is nested with Hititian beliefs. This inevitably was reflected
in their daily lives and architecture. It is forbidden to attend religious ceremonies without bathing bodily in Hittites. Sacrificing
ceremonies begin with bathing. There documents evidencing that kings and queens who rule religious rituals wash their
hands. It is forbidden to eat votive foods without washing hands and not to wash hands after eating. As it is understood,
bathing is a tool also for mental, spiritual purification besides physical cleaning. This is why they have bathroom spaces in
their buildings and structures. Arguments that there are bathroom spaces inside building units of temples are suggested.
For example, there is such a bathing room in Boğazköy. The base of the room was coated with waterproof mortar. Similarly,
waterproof mortar with gravels was used in the bathing room in Tarsus Gözlükule Mound. A stone chute was made for
discharging waste water and this stone was sloped accordingly to discharge water from the structure. This chute was
connected to the waste water pit again with a chute stone and then, to the city's sewage system by ceramic pipes. Clean
and waste water channels were built separately in the Hittite architecture. Small channels were made of earthenware pipes,
while large stones were made of stones with overlay method. Large channels were made for the purpose of discharging
rain and contaminated waste water. (Darga1985) Another settlement with a bathing room is Tilmen Mound. There is a
bathing basin, made of basalt stone, in the room five of the palace structure of Tilman Mound, placed at the bottom of the
eastern wall. The basin has a drain channel made for the waste water (Picture:1). The basalt drain stone sizes
3.50x1.70x0.45m. This monolithic basin (bathtub) weighs about seven tons. The channel curved onto the stone for
discharging water used during bathing carries waste water across the wall and delivers to the waste sewage outside the
building. (Duru 2003) There are five bathing rooms also in Aslantaş Mound
Picture :1. Drain pipe and bathroom space where drain pipe is installed (Tilmen Mound).
The room size about 5.50 m in width and 6.90 m in length. Picture: 2. illustrates the bathroom. There is a block bathtub
stone with one side oval-shaped in which bronze tubes are placed. A similar stone block is found in the bathroom in Tel
Halaf which can be seen in (Picture: 3). One of this type of bathing tubes was found in Zincirli. It sizes 62 cm in width and
115 cm in length and is cast-legged, flat-high with one side oval as it can be seen in the base stone in (Picture: 5.)
Findings of the Hittite culture in the Northern Syria are richer. The bathing rooms here are larger. Base-embedded stone
slices, basins, even a few, water containers, benches and special floorings for lavatory can be seen. Traces of bronze bath-
tubes embedded in the waterproof base are found. There is a set of resting rooms in the bathing places and sofas and
benches for resting in the rooms. Bathing tubes are seen as oval
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Drawing :1. Palace bathroom in Aslantaş Mound. Aslantaş Drawing: 2. Floor covering stone. (Tel Halaf)
ceramic containers in the Hittite culture. These containers are the bathing means for ordinary houses outside the palace.
Their lower parts were made conical to be buried in the ground. The upper parts are of rectangular prism-shape, while the
base parts are conical. These containers are in such sizes that a man can fit in sitting, and these containers have a seat
inside. There are handles on the both surfaces facing one another in the containers. These handles provides cleaning of
the containers and discharging waste water inside. Picture 3 shows a ceramic bathtub found in İnandıktepe. Picture 4
shows another ceramic bathtub found in the Anatolian colonies of the Assyrian civilization, ruled in the South Anatolia and
the Southern Mesopotamia in the 7th century BC. These bath-tubs are functionally similar to the Hititian ceramic bath-tubs,
but they differ formally. Their mouth and body parts are oval-shaped. There are no seats inside these bathtubs. The likes
of this type of bath-tubs were found in the Urartian palace bathrooms. As it can be understood from the above explanation,
waste water from bathing is given to the city's sewage system. Waste water taken out of the building through ceramic pipes
is directed to the sewage system and then carried outside the city walls through the sewage system. Drawing 1 shows the
Hititian channel system.
Picture: 3. Bath-tubs İnandıktepe. Picture: 4. Bath-tubs from Assyrian trading colonies

Clean water was brought to the cities through another channel. Clean water pipes were made of ceramic in various sizes.
These ceramic pipes measure 0.60 m to 0.96 m in length and 20 to 22, 11 to 15 cm in diameter (Drawing 3). Similar
bathroom spaces and waste water conveyance channel system are also seen in the Urartu civilization, ruled in the 9th to
8th centuries BC. The Palace Bath in Van-Yoncatepe is the oldest known example to this. The bathroom sizes 6.80x11.50
m and in addition, has a cold pool measuring 1.70x2.03 m. The
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Drawing 3: Hititian waste water channel systems and forms, measures of channel pipes.
ceiling height is quite low compared to the overall structure of the palace, which measures 1.65 to 1.70 m. That the height
of the bathroom ceiling is low is intended to achieve and maintain heat easily. The bathroom was heated by earthenware
portable grills. There is a bathtub and base-embedded pool in the bathroom. The size of the pool is 2.30x3.60 m and the
depth measures 40 to 50 cm. A bathtub was placed in the corner near to the cold bath of the bathroom. It was placed in a
space opening to a terrace measuring 17 to 18 cm in height and sizing 1.10x1.75 m. Dimensions of the bathtub are 120
cm in length, 82 cm in width and 48 to 50 cm in depth. It is an earthenware bathtub, resembles the bathtub tubs in the
period of the Assyrian trading colonies and has discharge holes which is why washed in stagnant water. (Picture 4). There
are also brazen bath-tubs in addition to the earthenware bath-tubs. There are two examples of the brazen bath-tubs in the
Anatolian Civilizations Museum in Ankara. They formally resemble bathtubs seen in the Minoan civilization. Wet floors in
the bathroom were tried to be made of compressed clay. (Belli 2003)
BATHING CULTURE IN THE AEGEAN CIVILIZATIONS IN THE ANCIENT PERIOD

Bathing culture, an important element in the Aegean civilization, is seen in the Minoan civilization in the island of Crete
between 2000 and 1550 BC which coincides with the same period with the Hittites in Anatolia. There is also a bathroom in
the famous Knassos Palace, in addition to many other sections. Picture 4 shows the bathing room in the Palace and the
room's equipment. Picture:5. shows a ceramic bath-tub. It is earthenware, oval-shaped sunken from the both sides, has a
wider mouth comparing to its lower part and handles on the both sides with its interior and exterior surfaces are ornamented.
It dates back to 1400s BC. In addition to these deep bath-tubs, there are also those shallow bath-tubs with/without legs.
Drawing :4. Knossos palace bathroom Picture: 5.Ceramic Bathtub in the in Minoan civilization Crete from 1400s
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The Cretan civilization in that period also made waste water channels to discharge bathing and toilet water. No sufficient
concrete information is available about the bath culture in other Aegean islands and the Greek peninsulas until the 7th
century. It is seen that bathrooms in the new structure style started from the periods of the 7th century have been adopted
as well. We begin to see bathroom spaces from the periods in which single room houses (megarons) have begun to develop
into structures with a front section, courtyard and multiple rooms. Bathing scenes, bathing materials and bath spaces are
observed in the surviving archaeological sites and on the visual materials. According to an opinion, bathtubs in the Greek
and Ionian civilizations have developed with the turning of fountains in the public domain where children, young people and
athletes were bathing into water basins with little depths. (Abbasoğlu 2003) Overtime, these water basins have turned into
a system in which people have bath dousing and entered into the spaces. It is known that bathtubs have been used in
Anatolia, Mesopotamia, Egypt, and Crete for many centuries. It is not possible to ignore that these bathing cultures, bathing
supplies, spaces and equipment have had influence on the Ionian and Greek bathing cultures. Bathrooms were found in
house structures in the city of Olympos situated in the Northern Greece. Floors and walls of the rooms were plastered with
waterproof plaster against moisture. Bathtubs found here are similar to the bathtub found in
Picture :6 Ceramic bathtub, Delos Drawing :5. Bathroom space assembly Priene.
Delos. (Yegül 1994) A ceramic bathtub different than the one we see in Knassos was found in the bathroom space, dated
7th century BC, in the island of Delos. It mentioned also in Homereo's poems that these bathtubs are easy to use. Wood
and marble materials were also used for the construction of the same bathtubs. Terracotta bathtubs were used wide-spread
in that period. There were also metal bathtubs. There are different types of bathtubs in which a man could bath in a
comfortable way. They are usually oval shaped, lower parts of some of them are flat. The part against which one leans its
back when sit inside the tub to bathe is a little higher in some of them. The part against which one leans its back is a little
higher and there are seats in some of them. There is a concavity in the part for feet. The side parts allocated for sitting were
given a little more width so that a man could fit in. This part forms the above-ground section of the bathtub buried in the
bathroom floor. This height and width must be intended to prevent flowing and splashing of water. The bathtub descends
from the point where knees start when sit and remains below ground level. Drawing 2 shows how the bathtub is placed with
two bathtub findings in Priene. This bathroom space measures 1.82 m x 1.62 m. (Cevizoğlu 2003) This type of bathroom
spaces and equipment in Anatolia have been found in İzmir –Bayraklı ( Smyrna ), Tarsos, Larissa ( Izmir Menemen-
Burguncukkale ).
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Picture :7. A current view, Smyrna. Picture: 8. Repaired bathroom. Smyrna.

Çekmece- İstanbul, Bergama, Klozomenai (Izmir-Urla). Of these, those in Tarsos and Symirna are interesting. The
dimensions of the bathroom in Tarsos are 2.06 m x 2.85 m. The ceramic bathtub in the space measures 0.60 m x 0.90 m.
Also, a small rectangular water basin was found in the Tarsos bathroom space. Bathing culture in the west coasts of
Anatolia is richer in terms of bathroom spaces, bathing materials and infrastructures. Significant findings related to bathroom
spaces and materials were found during the excavations carried out in Smyrna (Bayraklı-Izmir) which was one of the most
important centres in that period. Picture 8 and 9 shows the bathroom space found. It approximately measures 155x170 cm.
A ceramic bathtub that was almost intact with a bathing-seat inside was found in that room which was
Picture: 9. Repaired bathroom space. Smyrna. Picture: 10. Waste water assembly. Smyrna.
1.20 m in length. This bathroom space, dated back to the 7th century, was used in the 6th century. Floor of the space was
made of clay, while the walls were made of stones. Niches on the walls may have been built to put lighting tools and bathing
equipment. This bathtub was placed by being buried under the floor of the space accessed descending four steps. There
is another similar bathtub dated back to the 6th century other than the above-mentioned bathtub. The bathtubs have holes
to discharge waste water in the hollow in the legroom of the bathtub which shows similarities with those in that period.
These holes were generally connected to sewers as with almost all of the examples found in Anatolia which were connected
to sewers. Picture 10 shows the sewer in Smyrna. Examination of samples of the relevant bathtubs reveals that running
water has been used for the bathing action. The bathtubs do not have the form and function to allow entering in, filling water
and bathing. One of the typical characteristics of these bathtubs in Anatolia and the Aegean civilizations of the ancient
period is their ornaments on both lateral surfaces of the bathtubs. They are ornamented with relief or coloured soil. Picture
11 shows a piece of the bathtub found in Klozamenia. The piece ornamented with relief. Border of the bathtub found in
Smyrna was ornamented with paint.
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Picture: 11.Bathtub surface decoration. Picture: 12. Primitive bath, Gala-Sicily, 4th century BC. Klozomania
Some of these terracotta bathtubs have borders. (Cevizoğlu 2003) These borders both provide protection for the bathtub
against physical impacts and enable the person bathing to hold in terms of use.Bathroom spaces, seated bathtubs in the
Aegean civilization have been used also in gymnasiums which were public areas outside houses. These areas primitive
baths for public bathing with public bathtubs compared to today. They are also called Greek baths. Picture 12 shows the
remains of a Greek bath built in Sicily in the 310s BC. Gymnasium baths are seen from the 7th century BC. These baths
allow bathing with cold water and do not have a heating system in their first periods. Heating system and using hot water
was began in the 4th century BC and afterwards It has been found out that underfloor heating system (hypcaust) was used
particularly in the 2nd century BC and afterwards. A large number of seated bathtubs were placed in a closed space and
located inside the same building complexes with gymnasiums in the first examples. Picture 5 shows a gymnasium bath
built in Olympia in the 500s BC. No heating and hot water system is available in this bath. Water was provided through the
water well inside the building which did not have seated bathtubs and waste water channels inside.
Drawing:6. Greek bath, 5th century BC. Olympia. Drawing: 7. Greek bath, 4th century BC. Olympia.
Bathtubs in the bath placed adjacent to each other in the shape of letter "L" measure 0.60x1.20 m. The bath has an open
air pool measuring 16x24 m. Heating of the space was made using metal or ceramic grills and producing vapour by pouring
water over hot stones. Water was provided through the well and used cold. Wet floors were plastered with waterproof
plasters. It is seen that stones have been used also in wet areas in the following periods. Marble-coated wet floors, which
we see in the Roman and Turkish baths, have been used. However, these are not made in the form of plaque-covering
technique. (Yegül 1994) The technique covering with marble plaques has been used in the Roman age. Picture 6 shows
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that a system for using hot water has been established. As shown in the Picture, seated bathtubs were arranged in the
bathroom and the hot water boiler was placed to be heated outside and used in the bathroom section. The boiler is made
of metal. Each of these bathtubs measure 0.55x1.07 m and there are twenty one bathtubs. Picture 7 shows a gymnasium
bath again built in Olympia in the 100s BC. It is the fourth phase of this type of baths. An underground heating system
(hypocaust) was established for the building besides the hot water system. There is an apse section in this bath. Apse is
one of sections used in the Roman baths very often. The underground heating system was built by placing bricks in size of
25x25 m or 30x30 m on top of each other and a solid bath floor was obtained by building columns with the height of 0.80,
0.85 m and covering tile tables of 0.55x0.70 m over the columns. Heat was passed through the gaps between the columns
and thus, the floor was heated. (Yegül 1994) The same method was used in the Roman Baths. The bathroom in the house
of Consul Attalos, located in Bergama in the Hellenistic period is an example of underground heated residential baths.
These baths used by athletes to bath in the Aegean civilization have been a pioneer of the well-known Roman Baths.
Drawing:8. Greek bath, 100th century. Olympia Drawing: 9. Miletus palestra, 2nd century BC
That the Roman baths have become magnificent structures is also associated with the development of waste water and
clean water systems. Picture 15 shows the hot pool section of the Roman bath, and Picture 16 shows the manhole grill
collecting waste water of the sport area of the Roman bath and nested water channel carrying clean water. These are water
channels made of terracotta pipes and carved stones. Water was carried to fountains, pools and water baths through these
pipes. Baths in the Sicilian villas in the Roman period and baths in the terrace houses in Ephesus are significant samples.
Baths in the Sicilian villas have a different structure in terms of heating. These baths have a wall-heating system. The
heating system (stove) in the villa's kitchen was designed based on the principle of heating the adjoining bathroom at the
same time. Wall-heating bathrooms which were common in the countryside in the central Italy had sweat rooms, bathing
rooms and some of them even had dressing rooms. Another bathing tool besides the bathtubs in Anatolia and Aegean in
the ancient periods is high standing wide and shallow bathtubs called perirrhanterion or louterion. These bathtubs are
known with two different names. They are named by the form of bathing action. If bathing is made sprinkling water
symbolically for religious purposes, it is called Perirhanterion, and if it is made pouring water
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Picture: 13. Roman bath life. Picture: 14. Roman bath, Perge-Antalya.
Picture: 15. Roman bath. Side-Antalya. Picture: 16. Roman bath manhole and water channel. Side-Antalya.
in the literal sense outside for religious purposes, then it is called louterion. They are not different from each other formally,
just their names change by their purposes of use. They can be found in temples, gymnasiums and bathroom spaces. They
are similar to today's sinks in terms of function. They are made of marble or terracotta. They are a shallow tub resembling
a sphere with an upper part cut. The feet section is adjacent to the tub or can be separated from each other. It is somewhat
like a column with cylindrical body expanding towards the lower part. Their sizes differ; however, they generally measure
about 70 to 80 cm in height and around 70 to 80 cm in diameter. However, there are perirrhanterions of 1.90 m to 2.00 m
in diameter made of marble differently. (Cevizoğlu 2003) A similar sample has been found in Ephesus. Picture 17 shows
the vase picture showing the bathing scene. Picture18 provides general information about how cleaning was made in the
bathtub and how was the cleaning action. It is clear that bathing was made by sprinkling water which indicates that it
was used for religious purposes, and this is a perirrhanterion. Picture 18 shows the leg of a standing bathtub
(perirrhanterion) found in Smyrna-Izmir in the 6th century. The leg was ornamented with embossed adornments as seen in
the picture. They can be ornamented or plain as with in the seated bathtubs. The leg measuring 0.70 m in length is terracotta
and was made using the embossment trailing technique in which a mythological subject was described. It is plain as with
in the figurine found in Delos as it can be seen in Picture 19.
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Picture:17. Bathtub Picture:18. Bathtub (perrirhanteria) Smyrna.
Picture:19.Louterionfigurine,500 BC.Delos, Picture:20.Louterion,Xanthos-Likya-Antalya

There are also other samples in Antalya Archaeological Museum which are renovated, ornamented and non-ornamented
and ceramic. The leg and body in the sample made of terracotta material seen in Picture 20 separate parts. There are
decorations on the edges and inside the tub. It is a very
shallow tub as shown in the picture. In addition to traditional decorative motifs used for ornaments of these bathtubs,
narratives by which traditional, religious and social issues were processed as embossed pictures. Picture 18 shows such
an embossed picture. The embossed ornaments in Picture 18 are mythological ornaments concerning belief. This is why it
is considered to be a perinhanterion. There are findings indicating that ornamentation in these embossed ornaments has
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been made using the trailing technique in general. Picture 20 shows trailing ornaments on the edges. Greek vase pictures
are enlightening also about the bathing
culture as with in many areas of the Greek culture. They took many areas of life as a subject matter and processed in these
pictures, as well as the bath phenomenon. Our observations on these pictures suggested that bathtubs were an important
tool. We also observe on the pictures that there were bathtubs made of stone, marble and bronze materials, besides those
ceramic ones. Picture 19. shows a woman preparing for bath and carrying a tub. She holds a water pan in one hand and
her clothes in the other hand. It is understood that the bathtub in the picture is metal. While bathing action was portrayed
in Picture 20, we see a woman carrying bathing water in Picture 21. and a bathing scene and women carrying their clothes
again in Picture 22. Picture 14 illustrates a religious bathing in a standing shallow bathtub (perinhanterion). Different bathing
scenes were illustrated in this picture.
Picture :21. Vase image, 500 BC. Picture: 22. Vase image, 500 BC.
Picture:23.Vase image, 500 BC. Picture: 24. Vase image, 500 BC.
CONCLUSION
Current overview of bathroom spaces and equipment in the ancient periods has revealed that they have brought evolutions
extending up to the present in bathing culture. The need for bathing and equipment appropriate to this need has attempted
to bring spatial solutions. The common feature in almost every period is that bathing carries religious, intellectual and social
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dimensions together with the need for physical cleaning. Mostly, the religious dimension has been more effective. That
bathing became a necessity in religious, social context has led to the creation of bathing rules, customs and tradition. When
we examine today's religious dimension of bathing action, we see that the phenomenon of bathing and religious purification
exists today as well. Bathing action after sexual intercourse in which we observe in the Greek culture in the 7th century
also exists today in many beliefs. (Abbasoğlu 2003) The rule not to pray without bathing (ablution) resembles the ritual of
bathing before religious ceremonies in the first age civilizations, for example; the rule of not to attend religious ceremonies,
not to eat sacrificial meat without bathing in the Hittites, the rule of washing head and body in religious holidays in the
Mesopotamian civilization and the rule of bathing before religious ceremonies in the Greek civilization. Moreover, there is
a rule of washing religious statues (idols) before religious ceremonies which was carried out by priests during religious
holidays. "Bathing cubicles" in the Ottoman culture were built for this purpose. They even built portable baths and bathing
cubicles in the army system. There are very ergonomic bath and bathing cubicle tents right next to dining hall, dormitory
tents. Picture ... shows an Ottoman army bath. Bathtubs, pools, standing bathtubs inside the structural integrity of the Greek
temples serve this purpose. They are also referred to in Homer's epics. The ritual of bathing the deceased in the ancient
Greek civilization is for religious purposes. Associating bathing with health and adding a health dimension to bathing in the
Western Anatolia and the Greek bathing cultures besides physical and spiritual purification has led to building baths for
athletes and caused the public bathing culture. This is the feature that is still used today, particularly in the Turkish baths.
The need for purification related to spiritual and physical health has had influence on the formation and creation of bathing
equipment and spaces also in formal context. We observe that bathroom spaces in buildings in the Hittites and the Minoan
civilization in Crete of the Aegean islands of the Bronze Age civilizations and in the Anatolian coasts, the Aegean islands
and in Greece from the 7th century onwards are same as with in today's houses. They were taken their places in houses,
sports fields and temples. Bathing was accepted, respected pursuant to cleaning and beliefs and spaces related thereto
were designed in these civilizations, which formed the basis of the contemporary civilization (the Western civilization).
Civilizations in the European geography have fallen out of step with the traditional bathing culture after the Roman
civilization until the end of the 19th century and the beginning of the 20th century due to religious conservatism. A period
that has lasted hundreds of years without toilet, bathroom, sewer system, and this period has dealt with health problems,
epidemics.
Picture: 25. Roman bathing space. Ephesus-Izmir. Picture: 26. A current bathroom. Catalogue.
Fairly large areas were allocated for bathroom spaces in the Hititian palaces and temples and in the Urartian palaces
measuring 5.50 X 6.90 m and 6.80X11.50 m, respectively. Bathroom spaces of that size in houses of course were not
available. Bathroom spaces in such houses were the spaces where ceramic bathtubs of sizes in which a man could fit by
sitting were placed. The bathroom spaces that we see in the ancient period after the 7th century are of sizes in which
bathing equipment can fit. For example, these bathroom spaces are of sizes 182 x 162 cm in Priene, 155 x170 cm in
Smyrna and 206 x 286 cm in Tarsos. The dimensions of these bathroom spaces are close to the dimensions of bathroom
spaces in today's residential houses. The Roman civilization founded after Hellenism and on the political geography of its
cultural heritage has benefited from these bath cultures. The same places were used in the Roman period, for example,
the house and bathroom space of Consul Attalo was used also in the Hellenistic period and turned into a bath by equipping
with a heating system in the Roman period. Other samples have been observed also in Priene and other centres. The bath
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found in a Roman villa Aliağa (Antioch) - Izmir measures 3.30 m x 4.30 m. There are many ruins of baths of about these
sizes in the terrace houses in Ephesus and they provide more robust information about bathroom spaces. Picture 23 shows
the ruins of a bath in one of the terrace houses in Ephesus. Waterproof plasters and marble masses were used for moisture
problems in the bathroom spaces in these periods. The bathroom space in Crete Minoen was built of stones completely,
while waterproof plaster gained importance in the Hittites. Waterproof plaster was used in the bathroom spaces in Greece,
the Islands and the Aegean costs from the 7th century to the 1st century BC. Marble was used in bath structures for sports
purposes.
Picture: 27. Water (clean or dirty) plumbing in Roma. Picture: 28.Bathroom space hot room. Ephesus, Izmir.
We understand that a solution has been sought for moisture problem when we examine these structures. They produced
not only waterproof plaster, but also solutions for issues such as bathroom usage equipment and discharge of waste water.
The Hittites carried waste water to waste pit through drain pipes and then to main channel through ceramic pipe channels
and kept waste water away from their immediate surroundings. The waste water problem in Greece and Anatolia in the
ancient periods was solved with the help of channels between the 7th century and 1st century BC, but drain pipe stones
and storage reservoirs used by the Hittites were not used and waste water was directly connected to channels through
ceramic pipes. This method was continued also in the Roman civilization. Picture 27 shows a water pipe laying with ceramic
pipes. No sewage system was used in cities in the European countries after the end of the Roman period to the mid of the
19th century. That cities in the European countries grew with the social pushing of the industrial revolution and problems
resulting from waste water became insurmountable has made the use of sewage systems necessary. Despite this situation
in Europe, the bathing culture in Anatolia has developed continuously and has lasted for thousands of years, has developed
the Turkish Baths which also exist today and has led to beautiful architectural structures that are still being used. Sewerage
system has not existed all the time. Waste water is carried through channels also in our day. Wet spaces were provided
with marble plaque coverings instead of marble blocks from the Roman civilization. We see these examples again in the
terrace houses in Ephesus. Picture 28 shows marble coverings on the floor and side walls in the bath ruin. Given that
bricks, stones and soil mortar as binding agent were used for the walls, it must be admitted that they implemented marble
to wet and hot areas successfully. We also observe mosaics in wet areas, particularly in baths in Rome. In addition to the
innovation of covering marble to wet areas, they developed the technique and culture of heating the space which has
extended up to the present and created the concept of bath. Picture 28 shows the furnace (floor heating) section of a house
bath with its base collapsed. The bathroom base was placed on the columns formed by baked cylindrical tablets. Picture
25 shows how the base was placed, what kind of material was used, how marble covering was implemented on the floor
and walls. Hot air heated the floor and space of the bath by circulating around these columns. Roman baths were mainly
floor-heated, but they also implemented the wall heating system. Wall heating was achieved by passing hot air through
terracotta brick pipes. These bricks were square or round. They were interlocking bricks like terracotta water pipes and
connected to chimney. It is known that the wall heating system has been used in Turkish baths by passing hot water
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Picture :29. Kubar Abat bath and tiles. Picture: 30. Jean-
Leon Gerome Turkish bath image-1870
through pipes. Today's heating systems offer diversity with the opportunities provided brought by technology. Hot water
and a hot environment is achieved in baths with the help of stoves in the simplest term. Floor heating, radiator heating and
so on systems are used. The discovery of heating system has turned bathrooms into places used not only for bathing and
cleaning, but also for pleasure, entertainment and rest. The adding of heat and marble covering to the Hellenistic bathing
spaces has led to the creation of the famous Roman baths. Roman baths are holistic structural units suitable for public and
bathing functions. Wet places in Turkish baths reaching today were mostly coated with marble as with in Roman baths.
Their floors and side walls are the sections that could directly absorb moisture. Picture 28 shows these sections. The
heating system in these baths is the same. Heating is achieved by circulating hot water underground. There is also the
practice of covering wet areas with ceramic (tile) implemented in Turkish baths, but it is not common. Ceramic coverings
were implemented for interior side surfaces in palace and public baths in the Seljuk era. Hunat bath in Kayseri that is still
in use is a sample to that. We understand from the ruin findings that tile covering has been used in the interior of the bath
in Kubad Abad Palace. Picture 29 shows the ruins and details of the findings of tiles implemented. Tiles were implemented
in the Ottoman baths from time to time. Tiles implemented in the Turkish baths can be observed in miniature paintings and
paintings of foreign artists. (Picture 30). Many tiled baths in Bursa and Istanbul have reached today. That tiles used in the
Seljuk and Ottoman baths could not reach today, in other words, could not be used in baths widely must be due to water
absorption properties of tiles. The reason for this is that tiles absorb moisture in wet areas and as a result, they fall from
surfaces due to physical factors resulting from swelling of the body and differing expansion. This fall occurs both in glazes
on tile surfaces and interior walls on which they are coated. Today, floor and wall coverings are used for wet floors. The
reason for the use of floor and wall coverings today is that science and technology has reached data necessary for the use
of these materials. The main key properties of floor and wall coverings are that their
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Picture :30. Interior of Roman bath, hot room.

Picture: 31. Turkish bath, Çukurcuma bath Istanbul..
water absorption percentages are low, they are solid,
resistant to acids, chemicals, pressure and sudden hot and
cold shocks. Ceramic coverings in the Seljuk and Ottoman
periods were used also for decoration purposes besides
being a solution to wet places which in a sense is consistent
with the use of contemporary surface coverings. Bathroom
spaces that we see that they have existed since ancient
times could never have the opportunity of decoration as in
today. Today's floor and wall coverings are rich also in terms
of ornaments besides their technical competence. Colour,
texture, motif and so on ornaments can be implemented on
covering elements. Such practices create fashion and
become one of the factors determining the competition
between manufacturers in that sector. Baths in the Turkish
culture have always existed in a section of houses of rich
families as in Romans, except for public baths. Apart from this, Turks have developed bathing cubicles and lower stone
base spaces for ghusl (full ablution) purpose. These were implemented a kind of base stone, called çağ taşı, for protection
against wetness and their side walls were covered with waterproof plaster.
Picture :32. Bathing cubicle in Çakırağa Mansion and a lower stone base in Kayseri.
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Picture: 33. Bathtub (marble, Ephesus, Izmir), one of bathtubs used today.
If there is no such a base stone in the building, then, of course, waterproof plaster is used. Bathing cubicle is a place with
an area enough for a person can bath. They were usually built inside rooms. A section of lower stone base spaces is open.
The section up to shoulders when sat is covered. Today, bathing action is limited with spaces allocated in residential houses
due to new housing and new requirements, obligations.
Picture: 34.A bathing seat in Harem section in Topkapı palace, and a current seated bathtub design.
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Picture: 35. Louterion (marble-Perge-Antalya) and a ceramic sink used today.

We demonstrate that bathing in the Hittites in 1800s BC was taken mostly by sitting in a running water. Areas with floors
plastered with waterproof plaster, bathing area with stone basis and mostly terracotta bathtubs were used as bathing tools.
However, bronze bathtubs were also found. We see ceramic bathtubs in the Minoan civilization in Crete in the same period.
Ceramic bathtubs used between the 7th century and 1st century BC are not the type of bathtubs in which water was poured
and bathing was taken sitting in standing water. They are of such a design in which bathing was taken with running water
sitting inside and minimized water flows during bathing. This type of bathtubs are available also today. Today's bathtubs
allow for bathing with standing water as well as running water by sitting inside. In addition, the function of these bathtubs
are not limited only to bathing action today, but they also offer functions such as resting, pressurized water, soapy water,
massage. Picture 34 shows a marble bathtub from the Roman period and a polyurethane bathtub in the present time. This
marble bathtub measures 163x65 cm with a depth of 35 cm. Due to the necessity to compete with different formats,
polyurethane bathtubs are produced in different colours and forms since it is easy to form the polyurethane material.
Louterions, prientherions which we could consider as sinks today were used in Rome for the same purpose, while basins,
ewers and several fountains were used in the Turkish culture. These cleaning tools were primarily used for cleaning purpose
and for religious purposes in the second place in the Turkish culture. Today, sinks are indispensable elements applied to
walls of contemporary bath or toilet spaces or applied desktop. Picture 35 shows a Roman-era marble louterion and a sink
which serve the same function today. In addition their formal similarities, they are also similar in physical strength. The
marble louterion is resistant to harsh and instant hot-cold changes. The sink both has the same features with louterion and
features that louterion does not have. These are the features such as resistance to abrasion, acids and chemicals and
being bacteria-free. The features that we have mentioned as different are those features added to contemporary sinks by
science and technology. The ancient period bathing culture has been examined in terms of spaces, tools used and solutions
produced for them. We have endeavoured not to stray away from the essence of the matter in comparisons with today. For
example, information about the Roman or Turkish baths have not been given much in detail.
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The Albanian-Greek Relations Following the Sea Border Issue
Dorina Ndoj
PhD Candidate & Lecturer
dndoj1@uet.edu.al
Abstract
The paper seeks to explore the Albanian-Greek relations following the sea border dispute analyzing Albanian political elite’s
discourse. Throughout the history various and complex issues have determined the relations between Greece and Albania,
which sometimes have caused tension and disputes between them. The two countries have been on a dispute on the sea
border issue because the Albanian Constitutional Court nullified the 2009 mutual agreement signed by previous Albanian and
Greek governments due to territorial integrity violations. More than five years later the two countries have not settled the
maritime borders yet. This study concentrates on depicting the relations between two countries after this episode happened.
It question: how this issue affected the relations among two countries? The main claim of this article is that a new issue of
concern is detected in the bilateral relations, such as exclusive economic zones issue. The exploration of economic
exploitation zones in the Ionian Sea urges for the delimitation of maritime borders between two countries, and therefore the
renegotiation of “sea agreement” is inevitable in near future. Methodology used to conduct the analysis is discourse analysis.
Keywords: Albanian-Greek Relations, Sea Border Dispute, Political Elite’s Discourse, Discourse Analysis.
Introduction
Bilateral relations with Greece represent an important aspect of Albania’s foreign policy. Greece is a neighbor country as
well as a strategic partner of Albania. Throughout the history various and complex issues have determined the relations
between Albania and Greece, which sometimes have caused tension and disputes among two countries. Despite the
mutually declarations to develop close and friendly relations among them, the diplomatic relations have been marked by
conflict and different approaches on some relevant bilateral issues. The most important issues that continuously raise
concerns between two countries have been the Law of War, the Cham issue, Albanian migrants in Greece, Greek minority
in Albania, and more recently the maritime borders.
Since April 2010 the two countries have been on a dispute for not reaching a mutual deal on the sea border issue. On April
27, 2009, Albanian and Greek governments signed the ‘Agreement for the Delimitation of the Albanian-Greek Continental
Shelf and Maritime Zones’, known for the public as ‘Sea Agreement’. One year later the Albanian Constitutional Court
nullified the agreement due to territorial integrity violations. The agreement was reached after less than two years of very
confidential negotiations among governments of the two countries. The singing of the agreement was followed by
unprecedented public objection by Albanian experts, academicians and opposite political parties who claimed that the
agreement has caused substantial violations of Albanian border. Regarding the short time and very confidential negotiations
as well as the content of the agreement, the negotiation team was faced with a public backlash, which claimed that
negotiations have produced an irreconcilable deal with national interest of Albania. It was Socialist Party, former opposite
party, which brought the agreement before the Constitutional Court. On April 15, 2010 the Albanian Constitutional Court
nullified the agreement due to ‘procedural and substantial violations of the Constitution and the UN Convention of the Law
of the Sea’.
Given the fact that the delimitation of maritime borders has not been settled yet and ‘sea agreement’ is still an issue of
concern between political elites of two countries, is valuable to investigate the construction of meaning attached to this
issue in political discourse. The purpose of this study is to shed light on the Albanian-Greek relations following the sea
border dispute analyzing political elite’s discourse. The main questions are: how this event/episode affected the relations
among two countries? In a broader context this study concentrates on depicting the relations between two countries after
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this episode happened. The main claim of this article is that a new issue of concern is detected in the bilateral relations,
such as exclusive economic zones issue. The exploration of economic exploitation zones in the Ionian Sea urges for the
delimitation of maritime borders between two countries, and therefore the renegotiation of “sea agreement” is inevitable in
near future.
METHODOLOGY AND THEORETICAL FRAMEWORK

Methodology used to conduct the study is discourse analysis. To investigate the evolution of the political elite’s main
arguments and positions on the sea agreement, I rely on discourse analysis. Foreign policy has generally been out of the
object of study of discursive approaches due to its focus on ground theories of International Relations and hence [that is
why] the discourse was not considered as an important tool of analysis. But in the last decades there has been an increase
of studies that connect foreign policy with discourse analysis and they are becoming part of research agendas of many
theoretical approaches such as the constructivism, post-structuralism and the critical theory.
The theoretical framework of this paper is based on the constructivist approach of Foreign Policy Analysis, combined with
Critical Discourse Analysis. More specifically the European branch of constructivism is often prescribed as post-positivist
or interpretative and that considers language to be a structure of meaning that makes possible specific actions of foreign
policy. The interpretative constructivists analyze the historical conditions and social discourses that make possible the
change in “the foreign policy behavior” (Hopf, 2002). The scholar Demirtas Bagdonas notes that “policy makers articulate
their policies (present certain policies as a part of a general policy orientation or articulate the need to move away from
traditional policy), and as such discourse analysis is the best mean to study the ideological templates constructed in foreign
policy discourses” (2008: 52).
This study applies a discursive approach. Studies based on discourse analysis use language as an instrument that
methodologically involves the process of reading and text interpretation of different speeches. Discourse analysis is based
on the analysis of meanings of special concepts that structure and articulate what the actor is saying. According to Titscher
et al. (2000:32) one of functions of texts is representation, through which we achieve to distinguish group or situational
features that is object to analysis. The methodology applied for this article is Critical Discourse analysis, based on works of
N. Fairclough, R. Wodak and T. Van Djik. Based on Weaver’s idea (2004: 198) on discursive approaches, this article treats
CDA both as a methodology and as a theoretical approach. By analyzing “discourse/ language as a social practice”
(Faircluogh & Wodak, 1997), it can facilitate the understanding of main themes/ issues of political discourse regarding the
relation between two countries. Specifically CDA “is focused in the ways how discourse preserves, confirms, legitimates,
reproduce and challenges power and dominance in society” (Van Dijk, 1988:953), and it also stresses out “how power
relation are exercised and negotiated in discourse” (Wodak, 1996). According to Fairclough power within the discourse has
to do with the dominant signifiers, who control and oblige the contribution of less powerful signifiers (Fairclough 1989: 46).
This article analyzes a group of texts, mainly declarations and speeches of high representatives of state and government
of both Albania and Greece. This corpus of materials includes declarations held by state representatives in official bilateral
meetings, agreements or any public appearances. Hence, a certain question emerges: Why we should focus on political
elite’s discourse? As many other political situations or actions, a major part of diplomatic activities happens in a discursive
level and a detailed analysis of these practices does not only help to understand these practices but also explore the
possible consequences in foreign policy. The study covers the period 2010 [after the nullification of agreement by Albanian
Constitutional Court]-2015.
DATA ANALYSIS & FINDINGS

More than five years later the issue is still pending and continuously brought up in bilateral meetings of high representatives
of both governments. While two countries depict each other as friend, neighbor, strategic, partner, ally, ect., they have been
sending different signals on the agreement. Based on a survey conducted by AIIS on Albanian-Greek perceptions “almost
half of Albanians mention that the priority number one issue if that of borders, with 49 percent of the answers” (Cela &
Lleshaj, 2013:22). This result makes sense referring the powerful media resonance that ‘sea agreement’ has gained over
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the years. The extent and intensity of media coverage on this issue has depended widely on the effect it provoked in the
public opinion about potential consequences if the agreement shall be ratified. The picture emerged from media coverage
has a strong negative portrait of ‘sea agreement’ assignment by the Albanian government. The headlines referred to
agreement have depicted its negotiation on behalf of Albanian government as “sea was donated”, “Albania gave sea away
to Greece”, and “sea was sold to Greece”. The above ‘negative’ picture immediately raised concerns and called the policy
makers out for renegotiation of agreement.
After the agreement was nullified by the Albanian Constitutional Court, Albania and Greece experienced another ‘frozen”
phase in the diplomatic relations among them. The Greek government reacted immediately rejecting the decision and
therefore increasing the pressure on Albanian government for future ratification of agreement. In this context, a discourse
of hostility between Albania and Greece has been constructed. While Albanian political elites aim to renegotiate the sea
water agreement, Greek political elites have been steadily demanding for the implementation [ratification] of it despite the
court decision. To put in Wodak’s words, this is the case of “exercising power relation through discourse” (1996), were the
Greek government as a ‘dominant signifiers’ (Fairclough, 1989) pressure the “less powerful signifiers” [Albanian
government]. The dominant discourse of Greek political elites was that Albania would be unable to [obtain candidate status]
start accession negotiations with the European Union without ratifying the agreement. Greece steadily has been using the
“carrot and stick” methods as means of pressuring Albania regarding bilateral issues, by imposing itself as an important
actor in relation to Albania’s EU integration. On the July 15 the Greek Foreign Minister, Nikos Kotzias, has visited Tirana.
Avoiding the discussion of sea agreement’s issue, he noted that “Albania is a strategic partner, a strategic country and
neighbor. God has sent us to live together in this area…we want to be as much as possible creative in preparing Albania’s
EU integration. I am very persistent towards international projects because everything that happens in the Balkans should
include Albania. We have a policy of integration and not leaving out…” (Kotzias, 15 July 2015).
The dynamic within the Albanian political elite’s discourse have been more nuanced and complex regarding the issue. It
was the Socialist Party itself who brought it before court. “We should put an end this state of limbo, with conflict potential"
expressed Rama, the head of the Socialist Party, in his request to the government of that time for the renegotiation of the
maritime border agreement with Greece. After the Socialist Party came in power, in August 2014, Albanian foreign minister,
Ditmir Bushati, asked the state prosecutor to launch an investigation against high officials involved in negotiations and
signing the sea border agreement. In despite of that Albanian government emphasize the need to renegotiate the
agreement it is mixed with incoherent statements. It is unclear if the there is any renegotiation of the maritime border yet,
on what conditions, because high officials have made contradictory statements. Given the fact that Greece refused to
renegotiate the terms of an agreement, lately the high officials of both governments have articulated the option of
addressing the dispute to an international tribunal. But, both countries have knowledge that for the moment is not profitable
for none of the states.
While the maritime borders have been at the centre of the dispute between two countries, another important issue has
emerged. The debate over the sea border issue and maritime zones unfold another important issue between two countries
such as potential oil exploration in the waters of the Ionian. The unsuccessfully efforts for delimitation of the continental
shelf and other maritime zones were followed by another disagreement between two countries about economic exploitation
zones in the Ionian Sea. After the Greek side has started search for oil in the Ionian Sea, the Albanian media published a
map claiming that it was published by the ministry of Energy of Greece, which suggested tenders for oil exploration even
in the areas for which the agreement between Albania and Greece on the sea border was annulled. In the following days
the Albanian Ministry of Foreign Affairs handed over a protest note to Athens, due to the lack of transparency for the maps
and oil researches in the disputed area. This represents another issue of concern between two countries, which reveals
the need for a new maritime border deal.
CONCLUSIONS
The overall of relations between Albania and Greece has been problematic. Since April 2010 the two countries have been
on a dispute for not reaching a mutual deal on the sea border issue. More than five years later the issue is still pending and
continuously brought up in bilateral meetings of high representatives of both governments. After the nullification of the “sea
agreement” by the Albanian Constitutional Court, Greece have refused to accept the court decision and therefore refused
to renegotiate the terms of an agreement. Greece steadily has been using the “carrot and stick” methods as means of
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pressuring Albania regarding the border issue, by imposing itself as an important actor in relation to Albania’s EU
integration. Given the fact that Greece refused to renegotiate the terms of an agreement, lately the high officials of both
governments have articulated the option of addressing the dispute to an international tribunal, although both countries have
knowledge that for the moment is not profitable for none of the states. The unsuccessfully efforts for delimitation of the
continental shelf and other maritime zones were followed by another disagreement between two countries about economic
exploitation zones in the Ionian Sea. The main claim of this article is that a new issue of concern is detected in bilateral
relations, such as exclusive economic zones issue. The exploration of economic exploitation zones in the Ionian Sea urges
for the delimitation of maritime borders between two countries, and therefore the renegotiation of “sea agreement” is
inevitable in near future.
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[2] Bushati, D. (15 Korrik 2015). Bushati: Nese s’ka consensus per “Detin”, e zgjidhim ne rruge nderkombetare.
Gazeta Panorama.
[3] Fairclough, N. (1992). Discourse and Social Change. Cambridge: Polity Press.
[4] Kotzias, N, (15 Korrik 2015). Ministri grek: Nuk kemi ligj lufte me Shqipërinë. Gazeta Panorama.
[5] Larsen, H. (1997) Foreign Policy and Discourse Analysis: France, Britain and Europe. London: London School
of Economics and Political Science / Routledge.
[6] Larsen, H. (1999) ‘British and Danish European policies in the 1990’s: A discourse approach’ European
Journal of International Relations Vol. 5(4): 451–483.
[7] Panarit, E. (27 Gusht 2012). Pakti detar, Panariti: S’ka negociata me Greqinë. Gazeta Panorama.
[8] Rama, E. (8 gusht 2013) Pakti detar, Rama: Zgjidhje me Greqinë. Gazeta Panorama.
[9] Titscher, S. et al (2000). Methods of Text and Discourse Analysis. London: Sage.
[10] Wæver, O. (2002). “Identity, communities and foreign policy: discourse analysis as foreign policy theory” in
Lene Hansen and Ole Wæver (eds). European Integration and National Identity. The challenge of the Nordic
States. London and New York: Routledge.
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Rediscovering Nationalism
Venera Llunji
University “Hasan Prishtina” Prishtina
venerallunji@hotmail.com
Abstract
Different events which happened in Europe made not only Europeans but people all over the world think that the efforts for
creating a unified Europe, and a global village is threatening national identities and livelihoods. Although globalization is
considered as a buzzword of modern era, nationalism, too, is very much alive in its own way. Nationalism is not only expected
to persist but also increase and intensify in response to and in opposition to forces of globalization. Thus according to Anthony
Giddens, “the revival of local nationalisms, and an accentuating of local identities, is directly bound up with globalizing
influences, to which they stand in opposition.”(Giddens, 1994:5).Therefore this paper will try to answer the question: Is there
a link between nationalism and globalization? Can these two forces be complementary rather than contradictory? Is their
existence a battle of winners and losers? The paper will shortly see the pros and cons and the implications of these forces in
modern societies.
Keywords: nationalism, Europe, globalization, force, implications, modern society
Introduction
Political changes in the Balkans: countries in transition
Balkans remains one of the most unstable and diverse political areas in Europe with various national events. What we see
today in the Balkan political stage is mainly a result of the way the transition that these countries experienced during the
1990s, the early years of political changes turning from one- party rule to multi-party political pluralist system. Indeed, the
Balkan countries placed some common features in the first decade of transition: initially they maintained continuity with
their communist past; then followed the illiberal domination of the elites and the top-down politics; and, finally, they
underwent a collapse of their early illiberal competitive order. Many of the features of these early years are still visible today
in how local elites reach their political "agreements", in how people react through elections or protests, and how the
international community exercises its authority from abroad. It is very important to understand the early stages of the
transition from post-communist politics after a long period of totalitarian and one-party rule, because at this stage the
foundations for stability, longevity and quality of the democratic process are set out. The first years of transition in Eastern
Europe from communism to democracy caused a variety of post-communist developments regionally as well as nationally,
which helps explain why in some developed countries there has been a stable democratic process, whereas in some other
countries this process was more fragile and turned into a new form of authoritarianism. There is a link between what Poland,
for example, pursued during its political and economic consolidation and initial detachment from the communist past and
successful policies that emerged in the economy of this state. There were similar situations with other countries of Central
Europe and the Baltic. Some transitions have been more successful than others; some were more dramatic and contested.
When comparing different cases of post-communist countries in the Balkans, where transition is described as a deviation
from the expected routes or common routes of democratic transition and consolidation, these are often defined in
derogatory ways as 'insufficient' transitions (Balfour and Stratulat, 2001: 66), ''delayed” (White, Batt and Lewis, 2003),
'incomplete' (International Crisis Group, 2009) 'double' (Kosotovicova and Bojicic-Dzelilovic, 2006: 223), post-conflict
transitions and post-communist transitions, or as backward transitions. The transition from political authoritarianism in other
forms can have different meanings and therefore has been the subject of many discussions. From a simple chronological
perspective, the transition is a historical sequence of political events that are usually associated with the final stages of
totalitarian authoritarian regimes respectively through the introduction of a pluralistic liberal system. From a deterministic
perspective, the transition is seen as a process that leads to the consolidation of democracy, while democracy becomes
the only form of state policy. Transition can also be seen as a Western hegemonic discourse of parliamentary democracy
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and (neo) liberal reform propagated and imposed in the new democracies, which in most cases legitimizes somehow an
external control and external interference. Consolidation of parliamentary election policy advances in many areas of
freedom and democracy and disrepute of authoritarian practices have their roots in the first period of change. Moreover,
the sustainability of personal policy, the transitional nature of party ideologies, consolidation of ethnic politics, the impact of
addiction from the outside and lack of trust from below are mainly a result of these crucial formative years of transition and
post-communist changes. If we look back at the early stages of post-communist transition we can conclude that although
the collapse of the communist system was chronological in the Balkan states, in many other countries communist regimes
did not dismantle in the same way since it depended on the degree of communist ideology in a given country, depended
on the extent of party control over the society, intensity of dissident politics or Soviet control over internal affairs of certain
states. Communist Balkan history was a strange and difficult regional experience, as it includes various forms of
communism within states. Indeed, the Balkan countries were not only political and ideological battleground between the
capitalist West and communist East, but, more importantly, they became the battle field itself within the communist East.
Each state in the Balkans had its own form of communism which differed on the issue of control and ideology of the party,
for example, Albania, Romania, Bulgaria were totalitarian communist system, despite Yugoslavia where communist system
was more liberal and more open to the west. Therefore, even the revolutionary moments of communist states which are
known as the Revolutions of 1989 and sometimes even as Autumn of Nations had different experiences in different
environments; somewhere the fall of communism was the most violent, somewhere more anarchic, somewhere less
dramatic and somewhere more peaceful than in others. This wave of revolutions to change regimes began in Poland to
continue with Hungary, East Germany, Bulgaria, Czechoslovakia and Romania. A feature common to most of these
developments was the widespread use of civil resistance campaigns that showed opposition of the people to one party
ruling, seeking for a change (Roberts, 1991). Revolutionary changes that have occurred in each state affected the course
of liberalism or better to say the course of non liberalism which dominated the early years of transition; it has affected the
degree of continuity with the past and affected the role and impact of domestic elites during this crucial period. Political
changes in all these countries overthrew the communist party monopoly, which caused the emergence of political parties
and movements ready to compete in the electoral arena. All post-communist countries in the Balkans removed the
communist ideology and provided constitutional guarantees for the introduction of new parties within the political process.
Despite claims that no element of communist parties would appear in the new political culture, political formations that
emerged in the years after the fall of communism were unreformed communist party or less reformed ones, which along
with anti-communist electoral alliances revived parties of the past by new political groups. (Crampton, 2002: 236). Unlike
the Central European countries where a final break with the past was made, where communist politicians were discredited
and new opposition elites came to power, in all Balkan countries former political elites, who were better organized and more
efficient in manipulation and domination of situations of transition from authoritarian politics to competitive politics, continued
to dominate party politics and state apparatus. Although in post-communist states, political elite were mostly non-
Communists who were organized in all possible forms and ways, still the presidential systems or semi-presidential in the
Balkans allowed the development of personal policies and the emergence of leaders who with a strong power to control
often abused the system. Because ‘new’ leaders and the 'old' ones were the same people: former-communists. A careful
analysis of elite transformation in Croatia, Serbia, Bosnia-Herzegovina and Kosovo (while it was part of Serbia), will surely
show how wars were used by nationalist leaders to extend their stay in power and to expand political machinery which
limited inter-party electoral conflict. Thus the wars delayed political democratization and economic liberalization. (Baskin &
Pickering: 13:22). Milosevic dominated politics through media manipulation, nationalist propaganda and effective control of
the security forces and economic resources. Croatian leader Franjo Tudjman won power on the basis of anti-communist
statements through manipulation of nationalism, and through constant remembrance that nationalism was protecting
Croatia from Serbian aggression. Balkan politics of the 1990s was the politics of separate states, where ethnic politics and
the parallel structures in the broken and divided territories dominated. Early transition in the Balkans has caused three
different stages or scopes of an illiberal politics: competitive illiberal politics in Romania, Bulgaria and Albania, semi-
authoritarian nationalist politics in Serbia and Croatia, and exclusionary ethnic politics in Bosnia and FYROM. They all
share common features with respect to the polarization between the government and the opposition, popular mobilization
and external pressure. All mismanagement caused international concern in public activities, economic liberalization policies
and privatization, as well as ethnic and minority issues.
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European Union
The countries belonging to the European Union represent the forces able to determine the victory of reason and of what
are right. The EU as the main protagonist of the transition in this part of the world and according to its 1993 Copenhagen
policy, is supposed to help, prepare, and in some cases even punish states while offering EU membership as the prize at
the end of the hard road of transition where as it is believed and quite often emphasized by ‘supervisor’ of these
developments, the democratic regime and economic development pay off. The reality is different. There are European
Member states which imposed labor restrictions thus making impossible free circulation for citizens of other countries in
Europe impossible and as such breaking the stand of equal European citizenship. Moreover, instead of people’s circulation,
we see free circulation of capital.
Europe and more specifically the Balkans has been considered to be the heart of nationalism. From the nationalism of the
19th century to that one which characterized the 20th century, peoples in this region have long defined themselves by a
strong sentiment of national belonging, often linked to language, ethnicity and religion. But in Europe, nationalism has
historically brought problems, challenges and very often wars, too.
There is a need for monitoring some of the Balkan’s countries, that is without saying; however even some of the European
countries, member states need monitoring as there are where citizens, although legally considered European citizens, are
treated with complete disrespect, as third-class citizens, as was the case of Romanians (most of them Roma) expelled from
France as illegal aliens. Obviously, economic wellbeing has not been achieved either while trying to create Europeanization
of the peoples and nor has democracy flourished. Best examples are as a matter of fact all Balkan countries which have
undergone the process of transition and seek for a safe road toward the integration with the exception of Slovenia and
Croatia which have already reached the end of this road by becoming full-fledged EU members.
Europeans have tried and are still trying to weaken the nation-state and replace it with the European Union, which consists
of supranational institutions that, over time, were meant to create a European identity. This idea might have worked
theoretically speaking but when it comes to reality, it is more than obvious that there are limits to the fulfillment of this
incredible project. But, what is impeding the process of Europeanization?
Economic crisis
No doubt, economic crisis is the first and the biggest problem and as such one the main obstructers. The reason to this is
that economic prosperity and development were considered to be the main prerequisite of holding the European Union
together. When people have jobs and all are convinced that they will have an excellent life compared to the lives of their
parents or grandparents, the idea of giving up national sovereignty to supranational institutions is easier to accept. But
since economic blooming is no longer a certainty, many in Europe think about the so-called benefits of the European project.
Numbers of citizens do not feel being represented by common and joint politics and institutions thus causing a crisis of
representation. Let’s just look at the case of Greece. Greece should decide on its position and redefine its place in Europe,
and this will be done by its people’s vote. Greeks have been asked to vote on whether they supported the terms offered by
creditors. The last time Greeks voted by a referendum was about the kind of a government they preferred after the collapse
of the military junta, when the voters decided on Republican type of government. It is 28 countries of the European Union
that carry the decision-making power. And while saying decision-making powers, it is thought of politically important and
sensitive issues like economy, immigration and most importantly tax- payers and voters. The year 1999 will be remembered
as the year when euro was launched with 19 countries entering that zone and using it, but not only EU countries. Kosovo,
too, has entered the euro zone although it is not an EU member state. Even though this complex engagement is controlled
by the EU Central Bank, in order not to violate the sovereignty of the EU states, the budget and tax policy are left to be
organized and planned and used by the countries themselves. And although the efforts to have everything under control
and well-managed, there are countries that cannot fulfill all the expectations of the European money control. Let’s mention
here the case of Greece and the catastrophe it experienced as a result of mismanagement which has now caused the
phenomenon called “Grexit”. Now other EU member states are trying to keep the problem from spreading to their own
countries but at the same time political leaders see a united Europe as an imperative of this era. Will the euro zone breathe
easier without countries that cannot survive without constant help of other countries, should there be other ways out by
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helping Greece again, should there be other structures created for the preservation of the economic stability in the EU and
the region, remains an intriguing question.
Immigration
Immigration is a very important element to be tackled regarding its effect it has in the overall economy of Europe. No doubt,
Europe has a long history of immigrants seeking refuge from different countries where lives and safety were brought into
questioning. The end of the Cold War caused a number of small wars and ethnic conflicts around the world where regular
troops complimented by paramilitaries almost always targeted civilian populations. Many people applying for asylum flee
such “ethnic cleansing”, as was the case with Bosnia in the early 1990s and Kosovo in the late 1990s. Also, with the end
of communist rule many eastern Europeans believe that their aspirations for a better life can only be offered in the west.
Europe’s economic crisis goes hand in hand with the instability in the Middle East and other Arab countries causing more
immigrants to knock on the Europe’s doors. Although the European Union has a good record in human rights, there are
still some areas of concern for the EU. Alarming to EU leaders is the rise of racism and xenophobia in relation to the
increase in numbers of foreigners seeking entry to the EU because in times of economic difficulties and hardship, people
try to find easy solutions to deep problems and as such immigrants are the easiest target of discrimination. Western
European governments are in a difficult situation and considerable stress. They have to deal with immigration from less-
developed EU nations and assimilate the asylum seekers that arrive from the Mediterranean. They also face the emergence
of anti-immigration parties such as: the National Front in France to the U.K. Independence Party and recurring terrorist
attacks by nationals who received training in the Middle East. Simultaneously, they have to deal with stagnating economies
and pervasively high unemployment. The combination of economic malaise and resistance to immigration is seriously
challenging the cohesion of the European Union. But, if the EU is to be a true upholder of human rights principles, it must
take steps to ensure that human rights are offered to all its inhabitants, citizen or non-citizen.
Integration
Next issue that EU governments face is the issue of integration. Views differ across Europe on the goal of integration and
appropriate strategies to achieve it. Shrinking and aging populations make the EU governments operate under the idea
that immigration could help in easing the problem. One of the main responsibilities of the EU is ensuring integration at the
local and national levels since immigration, economic growth and social cohesion require a special focus on integration.
The EU has the capacity to address issues such as family reunification, laws on racial and religious discrimination,
strategies on employment, social inclusion and cohesion, and health. The Amsterdam Treaty of 1999 requires that EU
member states to address not only discrimination on grounds of race and religion but also to legislate on racial discrimination
in employment and services, and to provide assistance to individual victims while banning religious discrimination. However,
many foreigners find it hard to adapt to new environments especially when they have to agree to the very strict citizenship
laws, and face extensive cultural barriers. And it’s not only the immigrants that face problems; governments within EU are
also being challenged by the phenomenon. According to EU norms asylum seekers are not to leave from one country to
another if they have already reached one specific country. What happens is that quite often asylum seekers do exactly the
opposite; they move from one EU country to seek for an asylum to the other EU country which is causing now a debate
among governments questioning the Schengen agreement and border controls among EU member states. One such
debate came up with the accusations of the government of the German state of Bavaria to the Italian government of allowing
asylum seekers to leave Italy and request asylum somewhere else in the EU bloc. Nonetheless, Italian government
requested for more empathy and solidarity among EU members in the reception of refugees. That is why the government
of Bavaria suggested that EU member states should decide on suspending the Schengen agreement. Criticism of
insufficient border control within EU countries is another debate as many groups argue that the lack of internal border
control offers great opportunities for terrorists to move freely from one EU country to another one. This is very true nowadays
but at the same time, this debate brings into questioning one of the main pillars of the European Union, that of the free
movement of people. Although there is a great cooperation among EU governments, yet again it is impossible to follow and
control every potential threat. Initiating such debates only shows that even after many years of supranationalism Europeans
are discussing again their national identities. President of France, Sarkozy started a debate on ‘what it means to be French’
putting the Muslims of that country into an awkward and strange position, making them question their identity. Protests in
145
Germany, in Pegida led to similar debates all over the Europe and controversies as well. Such debates then make
Europeans to deal with difficult questions that have stagnated for many years. These problems put into question
globalization which means the free movement of people, goods and services. But since for some proponents of
globalization, such as Robert Reich, former US Secretary of Labor who considers it as “the end of geography, the end of
distance, and the absence of borders”, even many Europeans think that globalization is a threat to their way of life and
though EU was built on the principles of globalization there are doubts that it will remain successful.
Conclusion
Great changes that happened during the decades in Europe and the world in general proved that a system of cooperation
and security based on the norms of international law is absolutely necessary. Therefore, the 21st century fights for a
democratic international life, for the consolidation of peace, for the free and independent development of nations, as well
as for the encouragement of economic and political order. In order to understand the current context of the community
policies, it is necessary to see what the issues impacting Europe and the Balkans were and what the directions of the
European states are. By its very structure, the current paper did nothing more than present the difficulties and problems of
the European integration, This paper shows that the process of European integration still has many opponents, lacking the
quality of an accomplished process; however, ensuring the active participation in the solving of all the issues in a transparent
and democratic manner, is the responsibility of the states comprising a whole: the European Union.
References
[1] Balfour,R. & Stratulat,C. “The Democratic Transformation of the Balkans”, EPC Issue Paper, No. 66 (November 2011).
[2] Baskin, M. & Pickering, P. Democracy, the Market and Back to Europe :Chapter 13: Former Yugoslavia and Its
Successors. Retrieved:
[3] http://pmpick.people.wm.edu/research/FormerYugoslaviaBaskinPickering.pdf
[4] Crampton, J.R. (2002). The Balkans since the Second World War. Pearson Education Limited. Great Britain.
[5] Giddens,A. (1994) Beyond Left and Right: The Future of Radical Politics, Cambridge: Polity Press.
[6] Kostovicova,D.& Bojicic-Dzelilovic,V.(2006) “Europeanizing the Balkans: Rethinking the Post-Communist and Post-
Conflict Transition”, Ethnopolitics, Vol. 5, No.3.
[7] Roberts,A. (1991). Civil Resistance in the East European and Soviet Revolutions, Albert Einstein Institution,
1991. ISBN 1-880813-04-1. Available as pdf from:aeinstein.org
[8] White,S., Batt,J., and Lewis,P. (2003). Developments in Central and East European
[9] Politics, Durham, Duke University Press.
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The Religious Cults of the Albanian Faith during the Early 20th Century
Dr. Benita Stavre

b.stavre@gmail.com
Dr. Erinda Papa

erindapapa@yahoo.com
Department of Foreign Languages
Faculty of Education and Philology
“FAN S. NOLI” UNIVERSITY
KORÇË, ALBANIA
Abstract
During the early twentieth century, Albania was visited by various British and American people who were eager to know about
the curious features of this little country’s particular life. They had heard of it in their homeland and chose to trace a reality that
was much different from the one they were used to. The materials they wrote and published, constitute a reliable source of
information, whose analysis from the modern perception draws a picture of the life almost a century ago. This paper aims to
describe the particular context of the relation that Albanian people had created with God and the way the religious life was
shaped through the traditional rituals of the country. A few of the arguments that will be analyzed are: the way the religious
faith was integrated in the daily activities, the religious tolerance in the state policies and the way it was reflected in the life
context, religious attitudes due to the historical development of the past centuries, the influence of the new entries of the ‘30s,
the restricted intercourse of the northern Albanians due to their geographical isolation and the pagan rituals and symbols of
the traditional ceremonies. The Albanian way of worshiping seems to have been shaped by life pragmatism, social equilibrium
and personal honesty. Nothing can describe it better than the people who lived with it for some time and were able to define
it from a different mental perception. The description may supply modern insight of the particular attitude that this country
reflected in early in the past century.
Keywords: religious faith, pagan symbols, traditional traits, bloodfeud, religious conversion and tolerance.
The early 20th century was a period in which Albania became a country of concern for the international dialogue. It was a
small isolated piece of land legging behind the development rates of other European nations and trying to survive after
centuries of voiceless history. Its name was increasingly being mentioned in European newspaper articles, which struggled
to judge the decisions of the Six Powers on its territorial integrity. When finally, its international position was established,
in the end of the year 1920, philanthropic organizations were the first ones that entered its territories. Their reports back to
their motherland rose the interest of the journalists, who started to publish newspaper articles about the unusual character
and lifestyle of the Albanians. During the 20s and the 30s of the last century there were many sociologists, anthropologists,
economists, journalists, tourists, historians and politicians who chose to visit this country. Research on the British and
American corpus of literature written about it during this period reveals an interesting perspective of the main historical
issues, human values and social relations in this country. Visiting its territories at the time is described as entering a middle
ages reality and witnessing human traits of life that the modern conception had already forgotten long ago.
Furthermore, during this period Albania was experiencing a new governmental form, the Royalty, which in fact deepened
the contrast between the social strata and affected the way social relationships were managed in the country. One of
these, the Albanian religious context, is largely described in the British and American writings of the period, as a strange
interweaving of the religious communities that during the centuries had shaped their own profile in the same motherland
context. The Albanian had inherited a distinct attitude to the religious faith and, even though in different periods had
considered it a means of political, social and economic power, in the daily life he had not given up the way his ancestors
147
had worship God in their particular ancient way. Due to the fact that signs of these particular features were still evident
during the three first decades of the 20th century, made the British and American visitors, meditate about the reasons why
the daily practices of the Albanian spiritual life were much different from the formal practices of the respective religious
bodies in the country. In order to understand that, it is necessary to review the way these writers describe the actual state
of affairs of religious faiths in Albania at the time and the way they relate it to the historical developments of this country.
- Albanian religious faiths of the early 20th century
One of the main features of the religious division in this country was the shape of the very different geographical features
of its northern, central and southern territories. The sharp relief of the northern regions had always been hard to penetrate
and it was regarded as a hindrance to physical and psychological communication; neither of the numerous weaves of the
invaders had been able to control the entire region. Therefore the most remote areas had managed to preserve life features
of a long past and had been left undisturbed in their daily practices. In terms of religion they remained Catholic, while the
regions the main cities, their surroundings and the villages that were along the main roads, had converted into the Islamism
during the Turkish invasion. Most writers believed that the religious conversion in southern and central Albania was not
simply a matter of faith principles; it was regarded as a means of official survival for the Albanian authorities, who, otherwise,
would have lost their position and wealth.
The period of the 1921-1939 had inherited the unusual features of the above historical developments; the religious areas
of influence are reported to have been well defined one from the other. In 1930 the Albanian government undertook a
formal registration of the population within the territories. Its relevance was undisputable, especially because of the data it
introduced on the religious belonging of the population. According to the numbers that Edwin Jacques (an American
educator who lived in Albania for some years in the 30s), there were 696 000 Moslems, 200 000 Orthodox and 105 000
Catholics; only 85 people were classified under the definition “others” and this number included even 24 atheists. In the
view of a historian, Jacques concluded that “the presence of 71% Moslems, 10% Catholics and 19% Orthodox, mainly in
the south, made Albania the country in which the religion and nationality were not virtual synonyms of one-another”.
(Jacques,1995, 437). Furthermore, Albania at the time had opened its doors to the Jewish community, who was escaping
the German discrimination. In spite of its shortage of national wealth and legal security, this small nation showed that it
could also be distinguishingly described as an anti-Semitic country. (Roucek, 1939, 85)
Vandeleur Robinson (1941), who visited Albania in the late 30s, wrote about another religious sect. In Elbasan he came
across group of Uniates, who represented a particular profile of the orthodox faith in Albania. According to his explanation,
the Uniates used either the Greek, the Old Slavic or even the Albanian language in their liturgical ceremonies. The Uniates
priests could marry (a feature of the orthodox religion); however, they recognized the authority of the Pope of Rome as
well. In general, at the time, the Uniate community in Europe aimed to settle a compromise between the orthodox faith and
the political position of the people who practiced the Latin rites. The author, also claims that the foundation of this
community, was itself an act of compromise. When the Austrians and the Hungarians invaded orthodox communities, they
tried to denationalize them by converting the population into the catholic faith. The orthodoxy reacted with great
dissatisfaction and the Uniate sect offered a satisfying solution for both parts. “In the political point of view”, explains
Robinson, “the Uniates are the Pope’s “Fifth Column” in the Orthodox Church, in his perpetual struggle for souls; they are
the means by which obstinately Orthodox communities in Catholic countries can be pulled half way over the border. The
Vatican sometimes finds it worthwhile to expand money upon Uniate communities; and the Uniate Church at Elbasan is a
case in point. Even though religious proselytism was forbidden by law in Albania, the religious sects tolerated each other
sufficiently and the worst negative reaction to the Uniates, would be that of being far too much aware of the “value” of their
souls”. (94)
In the writings of this period, one can frequently come across the description of another religious group, the Bektashi, which
is described as a mediation bridge over the gap that divided the three main religions. According to Carleton Coon, an
American anthropologist that carried out research about the inheriting brachycephal characteristics of the northern Geghs
(inhabitants of the northern Albanian), the duality feature of this sect was due to the fact that the Albanians had managed
to preserve some pagan features of the way their ancestors had worshiped their Christian God. (1950, 35) At the time, the
Bektashi community was enjoying a safe position in the Albanian religious setting; some privileges had been given to it
since the time of Ali Pashe Tepelena, who had encouraged its expansion as a way to detach the Albanian Moslems, in the
territories in which he was imposing his rule, from the Turkish influence. Since then, they tekkes, had served as shelters
of the national movements. According to Bernd Fischer (2004, 170) during the thirties, the expansion of this sect had also
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been encouraged by the government of King Zog I. New tekkes, were reconstructed in the southern territories; they
welcomed visitors very warmly guided by the principle of the general truth and the fact that all nations were to be given the
right to exist and develop freely, in spite of their religious faith. This explains the touch of tolerance that is witnessed in all
of the writings about the Albanian Bektashi during this period; it is described as a religion whose main principle was fraternity
and love for the humankind. It believed in the fact that religions should collaborate and inspire harmony among each other
for the sake of the national interest safety. (Swire, 1937, 254)
A relatively new religious faith that is reported to create a sustainable community in Albania in the early thirties, is
Protestantism. It is not frequently mentioned, and it seems like not frequently witnessed by the foreign visitor. This may
be due to the fact that the above five God worshiping forms had left very little space for the Albanian to involve himself in
an international spiritual communication. The Albanian reading of the Bible and Koran had long cling to the national tradition
and was used as a means that inspired power and safety in their motherland context. Yet, when the first American
missionaries introduced the idea that God can listen to you, especially if you talk to him in schools of your mother tongue,
Protestantism was embraced by the education lovers in Albania, who thought it could contribute to the spread of education
in the Albanian tongue. Edwin Jacques was one of these American missionaries who arrived in Albania with the aim that
some direct solution should be introduced to the many problems of the daily life in this country. The Evangelic Mission
headquarters were set in Korçë after the year 1936, where it offered a Saturday School, in which 400 children were regularly
enrolled. One year later, the Mission opened a reading room, of mainly biblical literature, which opened its doors to the
young boys. Even though, their discussions were not reported to be always about religion, at least, according to Jacques,
this leisure activity kept them away from the street and club influence. (http://reforamtion.edu/albania /pages/protestantism-
albania.htm) In spite of the efforts of the missionaries to enlarge their religious influence in other regions, social strata and
directions, it became more and more difficult for them to face the pressure of the Albanian government. At the beginning
of the year 1937, the later approved a decree of law which controlled strictly the publications that “threatened the national
unity, or that were against the principles of the moral, the customs and the national regime in Albania”. (Ibid.) Even though
the decree was launched to restrict the communist writings that had started to circulate frequently in the country, it affected
somehow the position of the Mission. The fact that the government arrested four Albanian young boys who wanted to be
baptized according to the protestant rites, showed that this faith had not yet earned the trust of the government, who was
too busy trying to provide enough space to the other five religions in its small territory.
- The social and political state of the religious groups
If taken into consideration the above description, it is quite difficult to escape the thought that there was full tolerance in
Albania between the various religion sects. Even though this is the general view of the people who had visited it, the
description of various situations in their writings reveals a particular attitude with the way the formal bodies of the religion
in this small country managed to worship God in the way their religious principles inspired, and still bring it close to the
very particular way that the Albanian were used to worship God.
The late twenties and the early thirties are described as years in which the government of King Zog I, tried to establish the
formal bodies of the three main religions, in order to make them recognizable from their counterparts in the neighboring
countries. It was not an easy issue to handle, due to the fact that religion had long been considered by them a means for
territorial expansion. The King helped the Albanian Orthodox community to get the autocephalous tomos from the Patriarch
in Istanbul. (Vickers, 2001,135) He also encouraged the organization of a congress of the Moslem representatives in Tirana,
which concluded that the Albanian community was independent form the Caliphate of Istanbul and declared that “the
Albanian Moslem owned their faithfulness primarily to their motherland.” (Swire, 2005, 329)
On the other hand, in order to flag impartiality and to diminish the chance of religious interference in the governmental
issues (a common practice at the time), the Parliament passed a law in 1930 which declared that Albania was a
nonsectarian country; this “gave the right to the State to control all of the religion communities and (…) to require the
religious leaders of the formal bodies to be of the Albanian origin and to be able to speak Albanian language.” (Fisher,
2004, 169) The aim of these measures was to settle the contradictions between the religious faiths, contradictions that
were becoming more and more evident in the middle and upper classes of the Albanian society during the twenties. The
reasons for these went beyond religious principles themselves and were mainly economic; willingly or unwillingly the
government could not escape the partiality. Back in the early twenties, Harry Eyres (the Birtish government representative
in Albania) wrote to the Foreign Office in Britain a declaration in which the following paragraph appeared: “I have been
talking to ministers and they insist on the fact that there should not be any difference between the two main religions. (…)
149
”Yet” they say, “we Moslems constitute the majority, and as a result, we should have the power”. The Christians of the
other hand (…) claim that they would submit to a government which represents the majority, not the superposition”. (Cited
in Vickers, 2001, 108)
This attitude was gradually reflected in the political treatment that was being done to the Christian population of the south.
There was an economic approach of the way the government was building its relations with each of the religious sects.
The government was aware of the fact that most of its income was generated out of the fertility and the economic activity
of the south-eastern Albania. The economic relevance of Korça and Gjirokastra was undisputable and that’s where most
of the state income was generated in the form of taxes. Yet very few investments were done in these areas on the behalf
of the government. Being mostly orthodox, the inhabitants of these areas were time after time revolting against “the
privileges and the benefits that the Moslem landowners of the central Albania were receiving by the government. They
were also dissatisfied with the employment of many clerks of mainly Turkish education, who most of the time made personal
profits from the administrative functions they had. (Swire, 2005, 324) The Christians were increasingly hoping that their
political power would increase in proportion to the civilization trends, their European education or their increasing economic
power; however, this was still a utopic dream for the situation that ruled in Albania at the time.
- The religious cults and rites
The above political and economic description of the discrepancy between the religious sects in Albania is part of the analysis
of most authors whose focus was on the economic and historical perspectives of this small country at the time. Yet, other
people who visited Albania during the first half of the last century, and especially those who chose to travel across it
territories, introduce another point of reference for what is generally described as “the Albanian religious tolerance”. R. W.
Lane visited the northern territories and she entered a lot of Albanian houses of the three religions. In her diary that was
later published in the book “Peaks of Shala”, she writes about a much softer inter-religious communication. The reality she
visited was much different from the one she had been used to see in other countries, or had earlier read about Albania.
She came to know that what mattered in an Albanian house was honor and hospitality and that “as long as you believed in
God, it did not matter through which religion you did it.” (Lane, 2004, 59) This is why religion in those territories was mostly
concerned with the daily problems of the Ghegs. It had understood that when the Ghegs referred to God and to the Cross
their veneration went first to Sun. (Swire, 2005, 39) The Church did not even try to change much of the ancient traditions
of the Albanians; even when it did, it had resulted useless. The Ghegs were ardent Catholics and they attended the Mess
regularly; however, they still buried their people without putting them in a coffin, taking care to put three apples on their
chest and carving on the gravestone a cross on a symbol related with the Sun background.
The above practical approach of the way the Albanians believed in God, was the reason why most of the reflections of the
writers who dealt with this life issue traced it back to the symbolism of the pagan origin of their ancestors. They claim that
due to the fact that the northern territories were remote places, isolated by the communication not only with the outside
world, but also with the rest of their country, their inhabitants were gifted the right to preserve customs which the global
communication had changed entirely in the rest of the Balkans. Maybe this was the only advantage of their natural and
social isolation. Since there had been little invasions of these territories, they had not intersected their race with others so
as to change the genetic characteristics. According to Carletton Coon, the Albanian Ghegs preserved physical
characteristics of the Aryan race, thanks to the lack of the intercourse with other races for a significantly long period of time
in their life for centuries. This was the main reason why the pagan elements that accompanied most of the religious symbols
were obvious in many of the daily practices of the Ghegs. Rosita Forbes wrote in 1929: “Both Christians and Moslems
worship a particular catholic faith; this is due to the fact that they relied on their ancestors’ gods and involve themselves in
the interspiritual migration without much effort. (…) They put a coin to the mouth of a dead body to help him cross Styr (the
river of the afterlife) (…) The new Moon and the Sun are part of the prayer rituals as symbols of the light and darkness, and
in some regions the Stone is even holier that the Cross.” (Forbes, R. “Ne token e Ligjit te Pashkruar” The Sphere, 16 nentor
1929). This point of view was earlier supported even by Edith Durham who noticed that in the tattoos of the males of the
northern families the cross was accompanied by a half-moon on top or sometimes below; the side wings of the cross might
also end in small circles, or the cross itself had the form of circle of the Sun. The author concluded that the cross was there
to reveal their Christianity, while the other elements represented the sun, the light, and the goodness. When the men were
Moslem, their tattoos had the form of a star shaped by to triangles, which she claims stood for the sun rays. In the Moslem
graveyards, it was common to come across a circle (which stood for the sun) and a sickle (which stood for the moon).
Durham concludes: “The Albanian Moslem has never fully detached itself from the Christianity, he has rejected the cross,
150
but has kept the ancient pre-Christian symbols: the Moon and the Son”. (Durham, 1990, 474). The author traces the above
veneration back to the Illyrians’ cult of the Sun; they worshiped it as the God of health, of fertility and the source of life.
Another pagan common practice in Albania, used by both religions, was “the blood brotherhood”; this is described as a
ceremony when two members of different families without blood relations, become brothers after the ritual of drinking each-
other’s blood. After that their heirs could not engage in marriage relationships with one another and could take respective
responsibility in case of honor and bloodfeud. The Albanians of the ‘20s and ‘30s did still believe in prodigy and divinity.
They also practiced the rites of “the godfather of hair” and “family welfare foretelling” out of home farm animal bones.
From the point of view of the social anthropology these rituals were explained as a means to preserve the social equilibrium
of the Ghegs. It should be understood that the modern tools of the birth and death control were an unthinkable perception
for the time. Mothers had to give birth to many children, preferably sons, since very few of them survived childhood due to
very bad sanitary life conditions or due to high rates of the bloodfeud. The rites were psychological tools of strengthening
the ties between families and tribes that had no other way but the Law of Lek to feel part of a community. They engrained
the old customs and adapted the Gheg attitude to the geographical and social feature of their living context. Since they
satisfied the particular social needs of the Ghegs, they are reported to be more powerful than the church or the mosque
sermons and to be worshiped by both religions indiscriminately. This is why most authors conclude their explanation of the
above phenomenon with statements like the following one, which has been removed from J. Roucek’s analysis: “The
Albanian does not cling tenaciously to the religion and the religionis not an inhibition to the social brotherhood between the
Moslem and the Catholics in this small country”. (Roucek, 1939, 86)
- Conclusion
The above idea seems to have been forged during the centuries due to the need that the Albanians had had to feel part of
the same nationality in order to survive the territorial greed of frequent foreign invasions. While the invaders used the
formal religion bodies and policies as a means of denationalization, the basic principles of the religion used by the
population did not aim to deepen the national geographic divisions and neither to retrograde the principle of individual
distinction due to religious faith in a national rank. In 1939 J. Roucek wrote: “Albania is the only country in the Balkans
where the religion and the nationality cannot be perceived as synonymous”. (86) In a very particular observation in a
monastic house in Delvine, the orthodoxies of the south had taken care to hang in the wall, above the fireplace, the picture
of the Skenderbeg (the national hero), that of King Zog I and some others of the orthodox personalities. Coon noticed that
sayings of the kind “Albanians are not religious people” were commonly heard in daily discussions. It was a proud statement
since an otherwise management of three religious faiths in such small territories would definitely threaten the political unity
of the country. To a certain extend that was a true reflection because the Albanians of the time were not religious devotees.
The Sunni Moslems practiced the full rites of their prayers only in the Mosques and you could rarely see them pray at home,
in the street or in the workplace. Most of the British and American writers reported that few of the Albanians were concerned
about their spiritual salvation through religion. The very well-established inherited customs were shaped so as to directly
contribute to the spiritual chastity and this diminished the role of the religious preaching in this aspect. Coon (1950) wrote:
“The Albanian is a devout of his “blood” and his family, whose safety he fights to preserve at all costs”. (37) The uniqueness
of this particular worship moved the Albanian faith away from the foundation principles of his religion. His approach was
more practical, more focused, more earthly. He inclined his faithfulness to a more national God, who spoke Albanian and
who had made himself usefully available to his ancestors. Therefore, even though he swore by putting his hand on the
Cross, he knew that his oath would only be available if it was done over a stone, his sacrament symbol. In a word, the
Albanian way of worshiping God seems to have been shaped by life pragmatism, social equilibrium and personal honesty.
The modern perception can find in it useful particularities that may enable a better understanding of the way its attitude has
been shaped throughout the centuries.
Bibliography
[1] Coon, Carleton S. 1950. The Mountains of Giants: A Racial and Cultural Study of the North Albanian Ghegs,
Massachusetts: Cambridge.
151
[2] Durham, Edith. 1990. Brenga e Ballkanit dhe Vepra të Tjera për Shqipërinë dhe Shqiptarët, Tiranë: “8 Nëntori”.
[3] Fischer, Bernd J. 2004. Mbreti Zog dhe Perpjekja për Stabilitet në Shqipëri, Tiranë: Çabej.
[4] Forbes Rosita. 16 nëntor 1929. “Në tokën e Ligjit të Pashkruar”. The Sphere. Albanian National Archive. Fondi 151,
Kutia 8, Dosja 289.
[5] Jacques, Edwin E. 1995. Shqiptarët: Historia e Popullit Shqiptar nga Lashtësia deri në Ditët e Sotme, Tiranë: Kartë e
Pendë.
[6] Jacques, Edwin. “The Furtherance and Afflictions of the Gospel Evangelism, Blessing and Intolerance in Albania, 1935
-1940”. First published in The Albanian Evangelical Trust, PO BOX 388, WREXHAM, Clwyd, LL112TW UK. Used
with the author’s permission in http://reformation.edu/albania/pages/furtherance-afflictions.htm. Retrieved in
June 2013.
[7] Lane, Rose W. 2004. Majat e Shalës, Tiranë: Argeta.
[8] Robinson, Vandeleur. 1941. Albania’s Road to Freedom, London: George Allen & Unwin ltd.
[9] Roucek, Joseph S. 1939. The Politics of the Balkans, London-New York: Mc.Graw-Hill Book Company.
[10] Swire, Joseph. 1937. King Zog’s Albania, New York: Liveright Publishing Corporation.
[11] Swire, Joseph. 2005. Shqipëria; Ngritja e një Mbretërie, Tiranë: “Dituria”.
[12] Vickers, Miranda. 2001.The Albanians: A Modern History, London-New York: I.B. Tauris Publishers.
152
Albania, a Wonderful Example of Coexistence and Religious Tolerance
Evalda Jera
phd candidate at Europian University of Tirana,
evaldajera@yahoo.com
Abstract
If we refear to the history of humanity we note that the tolerance of human society is too early, it was born togather with the
man. It should be noted that religious beliefs in Albania are and has always been characterized by a strong feeling and a
sincere harmony which is reflected in the relations between people with different religious beliefs, as well as between religious
people and atheists. Albanians are both Christian and Muslim, Catholic, Orthodox, and Bektashi. For centuries territories
populated by Albanians has been remarkable for a unique interfaith tolerance. Religion has never been in the past and is not
now a source of conflict in society. In the history of the Albanian religious, communities have always succeeded with a
peacefully cooperation. This tolerance stems from the awareness of the Albanians that they belong to the same nation having
a strong ethnic identity regardless of external factors affecting the determination of Albanians from other religions. In the
Albanian national tradition, religious tolerance is one of the main characteristics of Albanian people morality . The interest of
the nation has always been primary in relation to religious matters, it is first of all beeing Albanian. Albanian as well said Pasko
Vasa in the nineteenth century "never churches and mosques can separate usbecouse the religion of Albanians is
Albanianhood" and so, because of this we create a big example, a wonderful cooperation, a peaceful atmosphere and open
the way for peace and friendship between people not only in Albani but worldwide.
Keywords: religion, tolerance, cooperation, people
Introduction
Tolerance a term that we use occasionally instead of words respect, compassion, generosity or forbearance is the most
essential element of moral systems, the most important source of spiritual discipline and a very valuable virtue for perfect
people1. So tolerance is a positive term that shows mutual respect for all beliefs and opinions, so toleration means to
tolerate the attitudes and opinions that are different from yours2. Referring to the history of humanity we note that tolerance
to human society is deviloped too early. She was born with man. God gave the humans tolerance which created the miracle
of human coexistence on the planet. It should be noted that religious beliefs in Albania has always characterized a strong
feeling and a sincere harmony which is reflected in the relations between people with different religious beliefs, as well as
between religious people and atheists. Albanians are both Christian and Muslim, they are Catholic and Orthodox, Sunni
and Bektashi3. Albanians are distinguished people for centuries for a unique interfaith tolerance which links with the history
of the presence and coexistence of different religious faiths in the territories populated by Albanians. In Albania has a
remarkable religious pluralism. Religions have not been and are not a source of conflict in society. In the history of the
Albanian religious communities have always succeeded to coexist peacefully. This tolerance stems from the awareness of
the Albanians that they belong to the same nation having a strong ethnic identity regardless of external factors affecting
the determination of the various religious. Albanians are aware that these changes are unavoidable external factors causing
religious differences Albanians have always been aware that they belong to the same nation and despite often are found
in wars they have never had conflict between their religious nature. Also another factor that contributed to the consolidation
of tolerance and intelligence cooperation between religious communities is the atheist policy was followed by Enver Hoxha.
The spirit of good will and the harmony that characterizes traditional religious communities are affected by common
difficulties they have encountered in the communist past. So today on the basis of freedom of conscience and religious
belief in Albania, along with four main religious communities also operating nearly 62 Christian, Protestant, Evangelical,
1 Kruja G;(2008) Shqiptar përballë sfidave të Mirëkuptimit Ndërfetar; Arbëria; fq28

2 Magris C,(2001), Panairi I Toletancës, Instituti Shqiptar i Medias, fq12
3 Morozzo della Rocca R;(2003); Fetë dhe Civilizimet në mijëvjecarin e ri;; Botim i Qëndra shqiptare për të Drejtat e Njeriut; fq 142
153
Adventist, Baha'i, Mormon, coming mostly from Western Europe and the US, as well as the Islamic religious charities. So
despite diversity by religion the unity exist always among Albanians. Religious tolerance has always been present in the
Albanian lands. Religious holidays not only respected by believers of different religions, but they often also a cause for
celebration regardless of which religion belongs concrete holidays. Specifically Shkodra is a concrete example of tolerance
and coexistence that characterizes also the whole Albanians. Muslim population is mixed with Catholics and Orthodox
Christians. But in Shkodra were generous Muslim families who defended the Catholic church building when some fanatics
began destroying them at night. We can say that in Albania can often find two different religions within the same family or
a tribe or does no wonder that even one person practices follow the rites of religious holidays of both religions whether or
Muslim or Catholic. Between communities exist a full tolerance and the good understanding by making proud Albanians.
That religious tolerance in the Albanian national tradition is one of the main characteristics of the morality of the Albanian
people. The vast majority of the Albanian people of Islamic faith but everyone knows that their fathers were Christian and
one of them does not deny this historical fact. On the other hand family and tribal ties have made the Albanian national has
always been first and foremost remained Albanian, while religion has been and is conviction, determination and a private
problem. Since Albanians belong mainly three religions, has made that they do not dominate social life, in any period of
time, in any system and state government in Albania, religion was not a state component. They have been separated from
the state who respect them, except dark period of dictatorship, the communist regime of Enver Hoxha (1945-1991) when
religious tolerance was heavy tread, when Albania necessarily turned atheist. It seems that the Albanians throughout their
history have been and are oriented towards Western Europe, towards its Christian culture, democracy, politics, economy
and their national interest. The interest of the nation has always been primary in relation to religious matters, it is first of all
Albanian, as well said by Pasko Vasa in the nineteenth century "do not let churches and mosques to separate us that the
religion of Albanians is Albanianhood1" In the modern world many common goals and high ideals can be achieved not
through assimilation but through integration, not through violence but through dialogue. For this reason, dialogue remains
the only way forward humanity, who wants to build a better future2. Cooperation between religious communities is an
important element that can serve as a tool to prevent possible conflicts in the world, being prone to respect, tolerance of
other religious beliefs. A key role is also for the government which should always protect the right to freedom of religion as
a fundamental right, without forgotten that religion is one of the most influential forces that makes the legitimization of power
and moral order at a global level. Religion and tolerance constitute one of the most powerful forces, with great impact on
human society. Religion and faith are based on the norms, rules well-defined behavior. Religious norms are a set of rules
built behavior based on tolerance, implementation and practice which can bring order and harmony in society. Religion is
a tool, religion and belief educate the people with high ideals. It affects the formation of the unity of the members of society
through control and enforcement through preaching unique values and norms. Likewise Vacanta protection of the rights of
freedom and faith finds in Article 24 of the Constitution of the Republic of Albania, as one of the fundamental rights of the
individual. Thus becoming proof that freedom of religion is accepted and recognized in international legal and political
thought from the community of civilized nations, as one of the fundamental rights of indivitit. Every citizen may freely choose
his faith and to manifest religious beliefs freely. The individual in every istitucion and public space has the right declare their
religious faith without fear of discrimination. Article 10 establishes the Albanian state neutrality in relation with religious
communities and to report on matters of faith and conscience in general. Also is known state secularism. The relationship
between the state and religious communities are regulated on the basis of agreements signed between their representatives
and the Council of Ministers. The state can not interfere in the affairs of religious communities, but only through agreements
mentioned above. The way of continuous improvement and development, bringing together people between them, elevates
the sense of protecting each other, develop the personal freedom and strengthens society. So independence of religious
communities, implying that they are regarded as foreign troops to the state. Regarding the scope of these agreements can
say that they guarantee the exercise of rights guaranteed by the Constitution and laws relating to freedom of conscience
and religion, to recognize and guarantee respect for the rights of the religious community, institutions and its structures, as
well as legal persons established by them, to freely develop their mission religious, educational and charitable, to recognize
and guarantee the integrity of the institutions of worship, to the extent that their activity does not clash with exercise of
freedom of conscience and religion, as well as with the Constitution and the laws in force and the sacred canons and
traditions of the religious community that operates within the bounds of the state. To guarantee freedom of the individual to
choose or change religion, to manifest it individually or collectively religious institutions, or outside them, through worship,
1 Krasniqi M; Toleranca në traditën shqiptare; Botime te Shkencave; Prishtine; fq 184

2 Simpozium;(2008); Domosdoshmëria e Dialogut Ndërfetar për Paqen në Botë; Prizmi; Buletini nr 2;; fq 9
154
education, practices or the performance of religious rites; ensure freedom of the individual to not stop and neither compelled
to join a religious community or participate in practices, rituals and its management structures. Regarding the rule of faith
and religion Albanians have always been characterized by feelings of tolerance and understanding. Since ancient times
George Kastrioti Skanderbeg became a symbol of civilization and tolerance kristjano-Islamic by many treasured unity of
the nation and the unity of the Albanians. Even in the years ahead would be institutionalized religion more and more in the
service of faith and nation. In 1967 the religious communities had a crisis as a result of a totalitarian regime who took legal
recognition of religious communities unable to conduct any religious activities. Through the period of communist regime
during his 50 years has been destroyed indiscriminately facilities such as Muslim, Catholic or Orthodox being justified as
atheist youth movement. But faith and religion has been never faded in the hearts of Albanians. End of atheist rule in
Albania was closed with the advent of democracy in the November 4, 1990 the date on which after so many years of
censorship first. While it should be noted that religious beliefs in Albania has always characterized a feeling strong and
sincere harmony which is reflected in the relations between people with different religions and between religious people
and atheists. This tolerance stems from the awareness of the Albanians that they belong to the same nation having a strong
ethnic identity regardless of external factors affecting the determination of the various religious Albanians. The spirit of good
will and harmony that characterizes traditional religious communities are affected by common difficulties they have
encountered in the communist past. Civil religion is a set of beliefs and rituals that intersect with the past, present and future
of a nation, we can say that civil religion is itself the expression of the cohesion of a nation. Can therefore also say that civil
religion is similar to nationalism, which is reflected strong identification with the nation through national interest rises. While
many important religious affiliation and nation is the degree of religious homogeneity within the nation. Tolerance is in the
interest of every individual, every families every collective and every state. It creates atmosphere humanities and opens
the way for peace and friendship between people worldwide. Albania is the best example of coexistence and religious
tolerance, has been and will always be. Today, more and more human rights and fundamental freedoms are in the spotlight
because they constitute the essence of human existence, the foundation of freedom, justice and peace throughout the
world. Fundamental human rights, each specifically are very important and constitute the basis for the consolidation of the
rule of law. Freedom of religion and conscience in particular as well as all other rights are universal fundamental human
rights, they have the same origin and are strongly interrelated. A great attention and interest is spread worldwide about
human rights and fundamental freedoms because they lie at the basis of the internal legal order in any democratic state.
Religious freedom is a right guaranteed by international and national acts. Constitution of the Albanian Republic as the
fundamental law of the state, makes clear that in a social democratic state based in the rule of law. Freedom of religion is
an universal right as well as other fundamental rights of the human being based on spirit of tolerance and coexistence. So
albanian society appears tolerant of different religions. Therefore it is very important to argue that the practiced of freedom
of religion must be made through peaceful means respecting the laws, ethical standards and norms of religious tolerance
for not reaching extreme expressions of religious which bring chaos in the modern world. Religion is an important factor of
social integration, it ought to have the purpose to become a factor of stability in society. So it feeds its members with the
values and norms as well as helping their consensus for moral issues1. With all religion definitions the social role of religion
and its institutions is an integral part of society, as one of the fundamental rights of the individual. So one of the essential
purposes of religion is man's return to the "citizen". The essence of religious institutions is that they are addressed human,
to revive confidence, to meet and meet their own spiritual needs. People in life are often faced with cases with violation of
law and abuse of power, position and profession, realizing their different interests at the expense of others. In all such
cases the human morality is crucial. God judges on all the works of men, the true goals, our desires and feelings. Belief in
this form of justice encourages the man for every good work that he has done and does, believing that any criminal and
illegal work, however somewhere and will become known, and hypocrisy and autocracy will be punished. Society today
despite numerous attempts appears increasingly chaotic. Thus emerges the primary role of the religion as a major social
factor, of hope, faith, courage positive social and source, in which the individual finds support, fulfilling one of his natural
rights, thus establishing a fair balance between the elements religious and social. Religious feelings are feeling social,
community feeling, realized not only individually, but also as a social group together in associations, religious organizations
and institutions. Religion elevates man with high human virtues and moral, to strengthen, enrich and exalt the soul. It is a
tool or way of continuous improvement and development, bringing together people between them, elevates the sense of
protecting each other, developing the personal freedom and strengthens the society. Religion and belief also educate the
people with high ideals. It affects the formation of the unity of the members of society through control and enforcement
1 B. MC GURE M;(2007); Religjoni konteksti shoqëror; Qëndra për hulumtime të administratës publike Logos-A, fq 308
155
preaching the unique values and the norms. Also it promotes group solidarity, helps in the normal function of the society to
stabilize its main institutions. Has great influence on the whole life of man in particular in his bodily integrity and spiritual.
So by faithit is preserved the identity of the national religious community, spiritual and moral history. Today's conflicts in
fact are not religious wars or conflicts but unfortunately they use religious justifications. However it should be noted that
religion itself is not cause for conflict, but can be used as a factor and as a symbol in the conflict. We are realistic that
religious differences often lead to conflict. There in the world as bigotry and intolerance that a small spark could lead to war
when the social, economic, military, are not on track. Moreover religious intolerance and oppression may be favored by the
inequality in material terms. The development of policy and human rights must go together 1. The role of religion in
maintaining peace and strengthening policy dialogue can not be limited to the level of international geopolitics. Another
important aspect of the problem relates to the impact of religion on relationships between groups with different religious
affiliations in multifunctional societies. Even in this regard, today's world is like a contradictory in its historical reality. Religion
tends towards establishing understanding between individuals in society, towards on establishing tolerance among people
with different religious beliefs, to strengthen relations and for understanding solidarity between different social groups.
Bibliography:
[1] Claudio Magris, Fair of toleration, the Albanian Media Institute 2001
[2] Genti Kruja; Albanian facing the challenges of Interfaith Understanding; Arbëria 2008
[3] Gjergj Sinani; Contribution of Religion to World Peace; Prizmi; Buletini nr 2; 2008
[4] Meredith B. MC GURE; eligion social context; Center for research of public administration Logos-
[5] Mark Krasniqi; Tolerance Albanian tradition; Botime te Shkencave; Prishtine
[6] Symposium; Necessity of Interfaith Dialogue for Peace in the World ; Prizmi; Buletini nr 2; 2008
1 Sinani Gj;(2008) Kontributi I Fesë për Paqen Botrore; Prizmi; Buletini nr 2; fq 18
156
Albanian Universities and e - Learning
Luan Bekteshi, PhD Cand.

Faculty of Economy
University of Elbasan “A. Xhuvani”
luanbekteshi@yahoo.com
Abstract
Today’s society is undergoing great transformations in every sector. One of the most important transformations of the social
life is the making of technology and internet available to masses. The technology and internet have also visibly transformed
the education sector. The society is facing continuous challenges related to the competition, globalisation and the demand
from the job market for qualified employees. These challenges go by side by side with the transformation of the education
sector, where a great deal is being invested on the use of ICT, mass education, and the introduction of new methods and tools
of teaching. The use of ICT and e-Learning is an important challenge faced by Albanian universities in the mission to improve
the quality of teaching, students’ results, and mass education, and achieve the necessary standards. Priorities like equal
access to education and lifelong learning would be only slogans without the use of ICT and e-Learning. Polls and interviews
were conducted for this study, to obtain a view of the use of e-Learning and the approach to e-Learning in Albanian universities,
and also of the government and universities policies. Conclusions of this study are obtained by processing data from
questionnaires filled by lecturers in some of the main Albanian universities.
Keywords: Information and Communication Technology, e-learning, lifelong learning, education, university, information.
Introduction
There were only 14000 university students in Albania up until 1990, and capacities were limited. University admissions
were limited and controlled, and not all youth who wanted to attend higher education were accepted.
The political changes after the 1990 also brought important quantitative and qualitative transformation for the Albanian
universities, such as the increase in capacities and admissions, and the opening of new universities.
The biggest quantitative changes happened in 2005, when admission capacities went up to 52000 and 175000 in 2014.
This period also saw some qualitative changes, the most important of them being the participation of Albania in the Bologna
Process in 2003, which was accompanied by the restructuring and upgrading of cycles and content of the study
programmes, adaptation of the higher education curricula to the Bologna system, and the concept of ECTS (European
Credits Transfer System).
The private sector brought a good managerial experience in the sector of higher education after the year 2000, which had
its effect in the public higher education as well.
There were 59 institutions of higher education in Albanian in 2014, of which 15 were public and 44 private. The total number
higher education students were 175000, from whom 142000 attended public universities.
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Albania 19
Netherlands 2.2
Italy 1.2
France 2
Germany 1
Great Britain 3.2
0 5 10 15 20
Number of universities / million inhabitants, according to the report of Ministry of Education and Sports of Albania
For a country like Albania, with 2 894 475 residents and with only 0.4-0.6% of the GDP being invested on the higher
education, this number is too higher even compared to developed countries with long tradition in education.
Education in Albania is considered an important means of life improvement for the population and of economic growth for
the country.
Part of the strategies of the Albanian government for the higher education are the strategies for the development and mass
use of ICT and e-Learning as very important means of support to the teaching and learning process in universities.
That said, the need for the mass use of ICT in the Albanian universities is immediate, and the following are stimulating
factors:
 The education policies in Albania which emphasise the increasingly important role of education in the
process of the economic growth of the country, reduction of the poverty, and preparing a workforce able
to adapt to the new conditions of the global competitive economy.
 The growing competition in education, with private universities now operating in the sector. The
assessment criterion of a university is its competitiveness towards the other universities, for which the
assessing or leading boards should obtain academic, pedagogic and administrative information.
 The increase of the number of higher education students, which is accompanied by an increase in the
data that universities administer. The ever increasing amount or numbers of the following elements -
data and information, the complexity of the problems accompanying the higher education and the
number of students and lecturers – require the use of an information system for their full management.
This will increase the quality of administrative and academic processes will make possible equal access
to information and procedures, will improve and strengthen the quality of university management, and
will increase the use of technology in education and science.
 The increase of transparency of actions related to the administration of data on students, academic staff,
lecture times, literature, taxes and financial obligations of the students,etc.
 The increase of teaching and reading quality.
 Improvement of student administration quality – from the moment they enrol at university, attendance of
academic programmes, gradual assessment, up to the completion of their academic programmes.
 The reduction of administration costs: the Information System has the potential to ease the
administrative procedures and bring transparency on economic-financial transactions. The system
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makes possible for the leading education institutions (Ministry of Education) or other institutions to
monitor the procedures in universities and obtain correct information, which positively affects the prestige
of the university. This transparency is also valuable to the society and the university community.
 Improvement of university management: the information system requires a computerised process. Such
a system helps university directors in decision making and increases their credibility.
 Having all the data in one central database.
 Easier decentralisations of operations into separate departments.
 Automatization of the operational processes concerning HR management.
 Implementation of best practices related to main processes of the university (self-service).
 The understanding and easy use of the information system by the users: students, lecturers and
administration staff.
Many public and private universities in Albania consider the e-Learning platform as an indispensable addition to their normal
infrastructure. This is something normal for universities of many countries that have built specific strategies in order to
expand the range of services offered through the use of technology.
E-Learning is being used by Albanian universities as an indispensable factor characterised by the elimination of the time
and geographic barriers between students and lecturers, increases the interaction between them, and affects the quality of
teaching and learning process in universities.
The ICT has been included in curricula in Albania, accompanied by the preparation of the necessary human capital to use
it, thus increasing the possibilities to read and increase the quality of education. Initiatives coming by both the government
and universities consist in information services, professors’ capacity building, infrastructure, content development and
organizational structures.
LITERATURE REVIEW
Previous societies were characterised by an education system where teachers and students physically interact in the
classroom. The view on education during the last decades has changed because society has been characterised by the
technological developments and the massive use of internet. (Castells, 2001).
Duderstat (1999) agreed that the use of ICT in education and suggested that institutions of education have undergone
changes and will continue to be changed by the ICT.
These changes are:
 In the methods of education: ICT has changed the way information is read and learnt. It offers the possibility for
synchronised reading, when students read the same material in different time and places. ICT has also brought
new ways of teaching.
 In the scope of education: Education has been viewed as only teaching and reading. Through the use of ICT it
is now seen as a process of creating, storing, integrating, transmitting and implementing knowledge.
One of the forms of technology that improve the learning process is e-Learning. Different authors give different definitions
of e-Learning. One of the definitions is: “e-Learning system is a complete technological, organisational and administrative
process, which serves students as a helping tool in the process of learning through internet. “. (Levy & Murphy, 2002).
Piskurich (2003) defines e-Learning as “Learning that uses computers networks or the web as a delivery or mediation
mechanism”.
Sheperd (2003) definition: “e-Learning uses computers and computer networks as an additional and supplemental channel
of communication, which connects readers with reading outlets, other people (fellow learners, sources, facilitators), data
(on learning, media, people), and with processing skills.
According to Laurillard (2004), e-learning describes the interaction in which students use different types of ICTs in their
learning process.
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But, on the other hand, implementing e-learning in teaching involves a variety of restructuring that must be performed in
educational activities. Moving from a traditional learning environment to an e-learning environment means a change in
teachers and students roles (Cohen & Nycz, 2006).
In order to apply e-Learning in teaching and learning a university must either have the suitable infrastructure, or invest in
creating this technological infrastructure and of the sources needed for the application of e-Learning.
For example, Gulati (2008) explained that the lack of different types of resources is a common problem in the take-up of e-
learning.
This demands significant investments by the universities and in the case of public universities the intervention of the
government is needed to finance for the necessary sources and infrastructure.
Governments of different countries have allocate considerable funds during the last decades towards a higher efficiency
and market competitiveness, and towards a better teaching and learning process.
Private investors and different foundations have followed the same strategy to achieve these improvements in the private
education system, where a great deal is being invested on the use of Information Systems. According to the statistics from
the Ministry of Education and Sport in Albania, public and private universities in 2014 have invested 37% more on the use
of ICT in the teaching and learning process and on the improvement of administration processes of the universities.
Many studies have concluded that the implementation of e-Learning has resulted in the transformation of the teaching and
learning ways and in students achieving results.
Hawkes and Cambre (2000) claim that in order to achieve results, students must take responsibility for their own learning.
According to Ellis and Allen (2004), e-learning covers a wide set of applications and processes, such as Web-based
learning, virtual classrooms, and digital collaboration. It includes the delivery of content via Internet, intranet/extranet
(LAN/WAN), audio-and videotape, satellite broadcast, interactive TV and CD-ROM.
According to Putzhuber (2003), nowadays e-learning refers to learning that is delivered or enabled via electronic
technology. It encompasses learning delivered via a range of technologies such as the internet, television, videotape, and
computer-based training. In principle, e-learning is a kind of distance learning. Learning materials can be accessed from
the web or intranet via computer and tutors and learners can communicate with each other using e-mail, chat or discussion
forums. Therefore, it can be used as the main method of delivery of training or as a combined approach with classroom-
based training.
Oliver (2001) has identified some of the problems encountered in the successful application and continuous use of e-
Learning in the higher education in Australia. Factors that support and improve the quality of e-Learning are:
 Expertise of the lecturers in online teaching
 Online Teaching
 Use of technology in teaching
 Training of lecturers
 Readiness of students to work online
 Technological skills
 Access to technology
 Reading of technology
 Infrastructure of technology
 Hardware and software
 Offers of services
 Distribution of reading sources and content
 Re-usable reading objects
Watkins and Corry, 2004 determine the success of e-learning as a combination of two factors as in the figure below:
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METHOD
90 questionnaires were given to lecturers for the scope of this study as below, although not all of them filled the
questionnaire:
 25 lecturers of the university of Elbasan
 20 lecturers of the university of Tirana
 18 lecturers of the agricultural university
 12 lecturers of the university of Korça
 10 lecturers of the university of Gjirokastra
 5 lecturers of the university of Durres
Participants were asked questions related to:

 Their years in teaching
 Faculty where the teach
 Subject they teach
 How they assess their individual skills of ICT use in teaching and learning
 Their individual opinion on e-Learning
 How they conduct lectures, seminars and tests
 Three factors of e-Learning affecting positively and three factors of e-Learning affecting negatively the teaching
and learning process
 Readiness of students to work online
 Level of ICT implementation in universities
 Access in the technological infrastructure
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 Access in the online information sources

 Course content towards the related literature
 If content of courses is updated in accordance with the curriculum
 If browsing and discussions in forums and online chats help
 Individual opinions on e-Learning (the technology aspect, content, access etc)
Results
Data from the questionnaires were used to assess the level of e-Learning in the Albanian universities, the obstacles it
encounters, and to obtain recommendations for the normal use e-Learning in the university environment.
 72 of the 85 lecturers that filled the questionnaires confirm that e-Learning is an important helping tool in
improving the quality of teaching and learning, the students’ knowledge, and the student-lecturer interaction.
Yes
No
Evaluation of e-learning
The answers received did not suggest any relation between what they teach and their opinion on e-Learning, but there is
a relation between their opinion on e-Learning and their years of experience in the job. Four lecturers who lacked ICT skills
accepted they were sceptical on the role of ICT in their teaching.
 51 of the 85 lecturers that filled the questionnaires confirm that ICT and e-Learning are not being implemented
in the right level.
Yes
No
Appropriate level
 72 lecturers confirm they have good working knowledge of ICT and when possible they give online assignments
to students, assess online, and make use of online literature which they also recommend to students.
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 Almost all lecturers see e-Learning as the near future of the universities in order to cope with social challenges.
They also encourage students to have a more conscious and positive attitude on the use of e-Learning in their
studies.
 Almost all lecturers have a positive view on the possibility to apply e-Learning, online content, and the wide
range of literature they and the students need for their continuous preparation.
 According to the answers from the lecturers, the most often positively affected factors are:
ANSWER No. of answers
Interaction 47
Increase of the level of students’ preparation 31
Reduction of time and financing needed to find the necessary literature 27
Supporting the administration of the academic activity 15
Interaction
15
47 Increase of the level of
27 students’ preparation
Reduction of time and

31 financing needed to find the
necessary literature
Supporting the administration
of the academic activity
 Obstacles that have a negative effect, according to the number of answers

ANSWER No. of answers
Lack of funds 67
Lack of materials 52
Readiness of universities 26
Laws and government strategies 22
Lack of permanent personnel 16
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Lack of funds
16
22 67 Lack of materials
26 Readiness of universities
52 Laws and government

strategies
Lack of permanent
personnel
 81 lecturers confirm they are ready to work online. The rest - 4 lecturers - cannot work online because they do
not have enough knowledge on the use of ICT. These four lecturers also confirm that they full follow the
traditional methodology of teaching in the university.
 Lecturers confirm that investments in ICT and e-Learning are far behind what is invested in universities of other
European countries, and this penalises students, lecturers and the quality of teaching and preparation in the
universities.
Conclusions and recommendations

Data from the questionnaires mirror the implementation of e-Learning in universities.
Although Albanian universities are investing towards the use of ICT in education, the level of ICT use is lower compared to
countries of EU of which Albanian aspires to become a member. Only a small number of universities, mainly private, have
managed to use ICT as a tool to reorganise study programmes, content, curricula etc.
Because finances of universities are limited, the Ministry of Education and Sport must support its strategies for the public
universities with the relevant funds and monitor the implementation of these strategies. The dissatisfaction of students and
their parents with the public universities makes many of them enrol to private universities although it costs them more.
Reforms are needed in the education system in order to give ICT and e-Learning the deserved role as two of the best ways
to provide better studying opportunities for students, and increase the quality of their formation to make them capable of
meeting the requirements of the national and global job markets. The government must work with internet providers in order
to offer this service at lower prices, and build strategies for the computerisation of the universities. The latest project - “I
Learn” - of the Ministry of Education and Sport with the cooperation of the Ministry of Innovation and Public Administration
is a positive effort towards that aim. With education being one of the priorities of the government, e-Learning must become
an important element of the National Strategy for ICT.
The Albanian universities must also develop their own strategies to help and facilitate the implementation of e-Learning as
a means that assists students to access the most needed information, enable them to solve problems, and have the
opportunity of the continuous learning after completion of academic studies.
Universities must offer training in order to qualify personnel who will support students and lecturers in e-Learning.
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ACKNOWLEDGEMENT
I would like to thank the participants in the study who answered the questions. Their answers helped in creating a fuller
picture of e-Learning in some public universities in Albanian, and their opinions are useful in the improvement of the e-
Learning situation in these universities.
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Relationship between Physical Bullying and Age in Albanian Teenagers
Dr. Leticja PAPA-GUSHO

Pedagogy-Psychology Department,
Social Science Faculty,
Tirana University
lpapagusho@yahoo.co.uk
Abstract
Each year millions of children and teenagers experience the humiliation and devastating effects of bullying. According to
different studies bullying begins in preschool years, peeks in early adolescence, and continues, but with less frequency, into
the high school years. The main aim of this paper is to examine the relationship between physical bullying and age in Albanian
teenagers. The participants in this study were 400 students of senior year from High Schools of Tirana, Shkodra, Elbasan,
Durrës and Korça. The approach for this study was quantitative and statistical analyses for this research were performed using
the SPSS program. For gathering the data the retrospective bullying questionnaire was used. For this article only closed-
ended questions are considered. The relationship between the perceptions of senior students about physical bullying and their
age was revealed using Spearman’s rho coefficient correlation. In conclusion, from the statistical analysis it was revealed that
there is a strong negative correlation between the physical bullying and age, rs =.-865, n = 400, p = .000; p < .0005, that
indicates that growth in age strongly correlates with the decrease of physical bullying.
Keywords: physical bullying, teenagers, age.
Introduction
Bullying is a subjective experience and can take many forms. Accounts of children and young people, backed up by
research, identify bullying as any behavior that is: harmful, carried out by an individual or a group; repetitive, willful or
persistent; an imbalance of power, leaving the person being bullied feeling defenseless. (Robinson & Maines, 2008).
Meanwhile, Askew (1989), defines bullying as a continuum of behavior which involves the attempt to gain power and
dominance. According to other authors, bullying is systematic, occurring repeatedly, and it embraces a variety of hurtful
actions, including name-calling, social exclusion, having money taken or belongings damaged as well as more obvious
physical forms such as hitting and kicking. (Bowers, Smith & Binney (1994)
But who is involved in school bullying? School bullying almost always involves the bullied, bully or bullies and bystanders.
The researches show that any child or young person can be a victim of bullying, regardless of his or her gender, ethnicity,
age or socio-economic background. However, the researchers have also discovered that the bullied most often stand out
from their peers in some way. Most often by; physical differences including race, ethnicity, disability and even things such
as hair color or the size of the nose; lower socio-economic background; sexual orientation; being new in the class; excellent
or poor academic performance.
Bullies are often children who have a strong desire to establish control over other children and generally don’t have
sympathy for their victim’s feelings. Often, the bullies are bullied or abused themselves. Not all children and young people,
however, are deliberately hurting others. They sometimes aren’t aware that teasing, calling names, exclusion, etc. is
causing a serious distress to other child. (www.anti-bullyingalliance.org.uk).
According to Lee, (2005), there are three basic types of bullying, physical bullying, verbal bullying and social bullying. All
this can be overt and covert bullying forms.
Physical bullying. Physical bullying is more than punching and kicking and can assume indirect forms, including taking
possessions, damaging property or school work with a view to disempowered, i.e. there is a physical manifestation of the
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bullying but no physical pain. Included in such forms of bullying is extortion, where threat of violence leads to the victim
giving up money or possessions, and the threat of violence or gestures and body language that is intimidating.
Verbal bullying. This is one of the most common forms of bullying as it can have an immediate impact, often in front of an
audience, with very little effort on the part of the perpetrator.
Social bullying. This form of bullying incorporates deliberate exclusion from social groups or intimidation within the group.
(Lee, 2005)
In this perspectives it is a very interesting propose of the ecological framework within which bullying occurs. Ecological-
systems theory purports that all individuals are part of interrelated systems that locate the individual at the center and move
out from the center to include all systems that affect the individual (Bronfenbrenner, 1979, in Espelage & Swearer, 2009).
According to this theory, the child is an inseparable part of a social network comprised of four interrelated systems: micro-
system, meso-system, eco-system, and macro-system. The micro-system includes the child’s relationship with one system
(e.g., home or classroom or playground). The micro-system depicts the child’s immediate interaction with others, and
includes others’ reactions to bullying behaviors. This conceptualization of the micro-system also includes the status of the
child along the bully/victim continuum. Thus, the bully, bully-victim, victim, or bystander interacts with others in his or her
social environment, and this interaction either exacerbates or mitigates bullying and/or victimization behaviors. Meso-
system includes the interrelationship between systems in the child’s life (e.g., home and school). Meso-system depicts the
congruence between two or more environments, such as the congruence between home and school regarding bullying
behavior. The eco-system includes influences from other contexts, such as the effect of a school district’s anti-bullying
policy or parental involvement in the school system. Finally, the macro system is the influence of cultural mores, such as
societal attitudes toward bullying behaviors.
According to O’Moore and Minton (2005), steps towards means by which bullying incidents may be investigated and
recorded are as follows:
1. Co-ordination of anti-bullying countering strategies. Some schools have found it helpful to nominate an individual staff
member, or small group of members, who are responsible for the co-ordination of anti-bullying strategies within the school.
Here, voluntarism is probably the best means of selection; having stated this, it is of course advisable that the coordinator
should be a permanent and senior member of staff.
2. Talks to the whole student body. Periodically and when the opportunity presents itself to address the entire school body
– and preferably at least once a term – students should be reminded that the school has an active anti-bullying policy, and
that bullying behavior is not accepted in this school.
3. The essentials of reporting. When someone makes an allegation of having been bullied, or reports that someone else
has been bullied, the most important thing (in the initial phases) is to attend to that person’s safety needs. Communicating
that we ‘believe’ the complainant is perhaps too strong – after all, individuals’ perceptions will differ, and not every incident
is unambiguous – but we should communicate that we accept what the complainant has to say. The complainant’s
statements should be listened to actively; and with no interpretation, the complainant’s specific grievances – particularly
those concerning concrete events–should be recorded in writing, and kept on record.
The main idea of this article is to show the relationship between the physical bullying and age in Albanian teenagers.
Methodology
Procedure and sample
For this study a correlation research design was used. The gathering of the data was done through a survey process.
According to Creswell, (2003), a survey is a process that is used to collect data from a sample or a population in order to
describe the attitudes, opinions, behaviours, or characteristics of the population under investigation.
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The general population that served for this sample is made of senior year students who were frequenting the full-time 2014-
2015 academic years from High Schools of Tirana, Shkodra, Elbasan, Durrës and Korça. From this population it was taken
a sample of 400 participants. (Cohen, Manion & Morrison, 2005)
The stage probability sample is used to select the sample from this population. It involves selecting the sample in stages;
that is, taking sample from sample. In other words, with the stage selection sample, firstly it was selected a number of cities
at random, then within the selected cities, it was randomly selected a number of schools. Within selected schools senior
years were chosen. Finally, a number of students were selected randomly out of the students of the senior year. By means
of this method was selected even the sample that represents all the population features. The sample of 400 students is
composed from 168 boys and 232 girls, or 42% were boys and 58 % were girls. The largest number of participants, 79%
was 18 years old, followed by the students who were 19 years old, which comprise 21 % of the entire sample.
The following were the most important criteria inclusion in the sample:
-The participant should be a senior year student in the high school in these cities.
- The participant should be really willing to participate in the research project.
Instrument and its reliability

The instrument used for the gathering of the data is a questioner made of some rubrics. The questionnaire was presented
to 400 respondents who in 20-25 minutes completed it. Initially participants were informed about the purpose of the study
and clarified that the survey data would be used only for academic purposes. Given that the perception of senior year
students for the physical bullying and their age are the only focus of this article, only these elements of the questionnaire
will be presented. A retrospective bullying questionnaire is designed to measure the perception of bullying of senior year
students (National Centre for Injury Prevention and Control). Three rubrics with similar questions are designed. Firstly the
respondents are asked about the time when they were in primary school, second when they were in the secondary school,
and in the third rubric the respondents are asked about being bullied when they were in the high school. All items are
arranged in a Likert scale, where students should circle the answer from never happened, rarely happened, sometimes
happened, frequently happened, and constantly happened according to their level of agreement. Thus, items such as, “I
was pushed or shoved”, “I was hit or kicked hard “, “Students crashed into me on purpose as they walked by”, “My property
was damaged on purpose”, “Something was thrown at me to hit me”, “I was threaten to be physically hurt or harmed”, are
used to measure the perception of students about being bullied during school years. From the score calculations, for a
seven item scale, using a response scale from 1 to 5, the minimum value would be 7 and the maximum value would be 35.
A mean score of 28.8 or higher indicates a high level of perception of senior year students for physical bullying. A mean
score between 16.4- 25.7 indicates a mild level of perception of senior year students for physical bullying. A mean score
below 16.3 indicates a low level of perception of senior year students for physical bullying. Furthermore, Cronbach’s alpha
was run in order to assess internal consistency reliability for the scale used to collect the data. This scale, has a good
internal consistency, with a Cronbach’s alpha coefficient reported .74.
Data analysis
The data gathered from the survey was downloaded into the computer statistical package SPPS, version 16. The data
have been investigated for reliability and normality, as well as for missing data. Descriptive statistics, such as sample size,
frequency and mean, were used to describe the characteristics of the sample and the perception of the senior students
from the high school about physical bullying. Preliminary analyses were performed to ensure no violation of the assumptions
of normality, linearity and homo-scedasticity. From the analyses it resulted that not all the data meet the assumption of the
parametric statistics. For this reason non-parametric statistics were used (Pallant, 2010). For this reason the relationship
between physical bullying and age was investigated using Spearman’s rho coefficient.
The following table provides a summary of variables and the analytic procedures related to the paper question.
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Table 1. Paper question, variables, and analytic procedures

Paper Question Variables SPSS Procedures
What are the perceptions of the students of the - Perception of the students of the Mean
senior year about being physical bullied during senior year about being bullied.
the school time and the relationship between this Spearman’s rho
perception and age? -Age coefficient
Sources of error
This research was carried out in order to minimize non real results. Like most of the studies made in the field of education,
even this one is self-report based. As a result, the findings depend even on the students’ acquisition of the questions in
the survey as well as on the degree of sincerity they have completed the instrument with.
Research ethics
All the stages of research ethics have been followed during the implementation of this study. It has firstly taken the
permission of the structures in charge of the schools where the instrument was conducted. Subsequently, a sensitization
of the research and its goal was done to the participants before they filled the instrument. They were guaranteed anonymity
and asked whether they wanted to participate voluntarily in the study. Furthermore, participants who did not want to be
part of the study were not given the instrument.
Results and discussion

Table 2. Mean scores and standard deviation on perception of the students about physical bullying
Descriptive Statistics
Age N Minimum Maximum Mean Std. Deviation

7-10 years old Physical Bullying 198 19 35 30.03 3. 28
Valid N (listwise) 198
Table 2, illustrates the mean scores and standard deviation regarding the perception of students about physical bullying
during the school years. Thus, when the respondents were 7-10 years old their perception about physical bullying was (M
= 30.3, SD = 3.28), when the respondents were 11-14 years old their perception about physical bullying was (M = 20.77,
SD = 3.23) and when the respondents were 15-18 years old their perception about physical bullying was (M = 14.81, SD =
2.31).
As we can see, from the data the mean scores of perception for physical bullying in the period of 7-10 years old is 30.03
and this mean score is between 28.8- 35. This data indicates a high level of perception of senior year students for physical
bullying when they were 7 to 10 years old. The mean scores of perception for physical bullying in the period of 11-14 years
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old are 20.77 and this mean score is between 16.4- 25.7. This data indicates a mild level of perception of senior year
students for physical bullying when they were11-14 year old.
The mean score of perception for physical bullying in the period of 15- 18 years old is 14.81 and this mean score is between
7-16.3. This data indicates a low level of perception of senior year students for physical bullying when they were 15-18 year
old.
To address the paper question, correlation analyze was conducted. This question has explored if there is any relationship
between the perception of students about physical bullying and their age.
Table 3. Spearman’s rho coefficient for two variables.
Correlations
Physical
Age Bullying
Spearman's rho Age Correlation Coefficient 1. 000 -.865**
Sig. (2-tailed) . .000
N 400 379
Physical Bullying Correlation Coefficient -.865** 1. 000
Sig. (2-tailed) .000 .
N 379 379
**. Correlation is significant at the . 01 level (2-tailed).
From the data of table No 3, it was revealed that there is a strong significant negative relationship between two variables,
rs =.-865, n = 400, p = .000; p < .0005. This indicates that if the age grows the perception of adolescents about physical
bullying during the years decreases.
Conclusions
In conclusion, some results can be presented at the end of this article. From the survey conducted in the population of
senior students who attended high school in Tirana, Shkodra, Elbasan, Durrës and Korça, a sample of 400 students is
selected through the stages sampling method. Out of 400 senior students of the high school of the sample, just 168 were
boys and 232 girls, or 42% boys and 58 % girls. The largest number of participants, 79% was 18 years old, followed by
the students who were 19 years old, which comprise 21 % of the entire sample.
Additionally, Cronbach’s alpha was run in order to assess internal consistency reliability for the scale used to collect the
data. This scale has a good internal consistence, with a Cronbach alpha coefficient reported .74.
A two tailed alpha level of .05 was set a priori for all statistical tests. To answer the question, about the perceptions of the
students of the senior year about being physical bullied during the school time and the relationship between this perception
and age, frequencies and spearman’s rho coefficient analyses, was conducted.
From the statistical analysis it was revealed that there is a strong negative correlation between two variables, rs =.-865, n
= 400, p = .000; p < .0005. This indicates that if the age grows the perception of adolescents about physical bullying during
the years decreases.
Recommendation
First of all it is time to understand that bulling is a reality in our schools. All anti-bullying efforts in schools – be they strategies
and procedures for dealing with incidents of bullying behavior, or for preventing further incidences, or support services for
those involved in bullying behavior – should be underpinned by an overall anti-bullying policy. This should be formulated
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by the responsible members within the school’s management staff, in consultation with all groups within the school
community – school management staff, classroom staff, nonteaching staff, students and parents of the school’s students.
The role of classroom staff in anti-bullying work is the practical and day-to-day implementation of the procedures and
strategies specified in the school’s anti-bullying policy is really important. At a conceptual level, it is possible to render
distinct strategies for dealing with incidents of bullying behavior, and preventative strategies that can be taught/
implemented through specific classroom activities. Practically, all anti-bullying work makes certain skills and personal
demands upon members of classroom staff. (O’Moore & Minton, 2005)
References
[1] Askew, S. (1989). Aggressive behavior in boys: to what extent is it institutionalized? In Tattum, D. and Lane, D. (eds)
Bullying in Schools. Stoke-on-Trent: Trentham Books.
[2] Bowers, L., Smith, P. and Binney, V. (1994) “Perceived family relationships of bullies, victims and bully/victims in middle
childhood”, Journal of Social and Personal Relationships, 11, pp. 215.
[3] Bronfenbrenner, U. (1979). The ecology of human development: Experiments by nature and design. Cambridge, MA:
Harvard University Press, cited by Espelage,L.D &Swearer,S.M (2009). Bullying in American Schools: A social-
ecological Perspective on Prevention and Intervention. Retrieved from bookzz.org/book/831971/469f34
[4] Cohen, L, Manion, L & Morrison, K. (2005). Research Methods in Education (5th Ed.). Taylor & Francis Group.
[5] Creswell, J.W. (2003). Research Design: Qualitative, Quantitative and mixed method approaches. Thousand Oaks, CA:
SAGE
[6] Lee.Ch. (2005). “Preventing Bullying in Schools: A Guide for Teachers and other Professionals”, pp. 9-10. Retrieved
from bookzz.org/book/841734/ef6f26
[7] National Center for Injury Prevention and Control. (2011). Measuring Bullying Victimization, Perpetration and
Bystander Experiences: A Compendium of Assessment Tools. Retrieved from
www.cdc.gov/violenceprevention/pdf/bullyCompendiumBk-a.pdf
[8] O’Moore.M & Minton,S. J. (2005). Dealing with Bullying in Schools: A Training manual for Teachers, Parents and other
Professionals, pp.21. Retrieved from bookzz.org/book/841739/3ff7bf
[9] Pallant.J. (2010). SPSS Survival Manual. (4th Ed.). McGraw-Hill Companies.
[10] Robinson, G. & Maines, B. (2008). “Bullying: A complete Guide to the Support Group Method”. Retrieved from
bookzz.org/book/839994/303489
[11] www.anti-bullyingalliance.org.uk
171
Vygotsky Theory on Social Interaction and its Influence on the Development of Pre-School
Children
Dr. Marta Topçiu

Education Sciences, Department of Teaching Methodology
Faculty of Education Sciences, University “Aleksandër Xhuvani”, Albania
martatopciu@yahoo.com
Dr. Johana Myftiu

Education Sciences, Psychology Department,
Faculty of Education Sciences, University “Aleksandër Xhuvani”, Albania
johanamyftiu@hotmail.com
Abstract
The continuous process of human recognition has been explained by different schools of psychology. Among them, social
constructivism emphasizes the importance of social environment, culture and social interaction with others, in this process.
This study aims to highlight the role of using effective techniques and strategies that allow the possibility to study with the help
and interaction with others in the pre-school age. The knowledge and application of the scaffolding technique within the Zone
of Proximal Development helps accelerate the cognitive development of the child, making the learning process more dynamic
and the child more active. The idea of dialog is very important and every child should feel as an integral part of social
interaction. The efficient use of these techniques shows an optimization of the child’s achievement. The process of
transforming spontaneous concepts into scientific ones, is facilitated and accelerated. It is important for the help to be offered
in an individual way, when and where needed. Also, it is required that the educators and teachers be trained for the successful
use of these psychological mechanisms.
Keywords: social interaction, scaffolding, the Zone of Proximal Development, pre-school children.
1. Introduction
The construction of human recognition is affected by bio-psycho-sociological factors. There have been many debates on
their role and the theories that try to explain them have their specific nuances. We can mention here the theory of
“operational interaction from Piazhe”, “learning through mediation from Vygotsky”, the Bruner theory, etc. Among them, the
social constructivist theory supports the idea that the social factor affects, facilitates, and accelerates the socio-cognitive
development of the individual.
The child’s personality is also affected by these factors. Depending on its level of development, the role of the social
environment is different and as a result, the modification of the mental structure is different in each child. In this journey,
the modification is reached when the child is active in this factor interaction.
Seen from this point of view, the education environments of preschool children should bring and promote those modalities
and structures which favor the social interaction role among them and adults (teachers, educators) or their more capable
peers. The prevailing philosophy which supports and highlights the role of the social factor in learning is the theory of
Vygotsky and his followers. His concept of the Zone of Proximal Development, followed by instruments like “scaffolding”
are psychological mechanisms which should be acknowledged and applied in class to help the child efficiently pass this
distance.
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According to Vygotsky, although the biological factors constitute the necessary preconditions for the natural elementary
processes to appear and develop, the sociocultural factors are also important.
The following questions need to be addressed:
 Does the curricula and philosophy on which it is based, offer the chance to use the socio-cultural constructivism
theory in preschool classes?
 Do teachers know the advantages of this learning model?
 Are teachers capable to make the necessary social adjustments in order to optimize the understanding and
possession of different concepts and behaviors by children?
From the observations made in several preschool educational institutions in our city Elbasan, it is observed that not all
teachers know the main concepts of this model. Even in cases when they have the necessary knowledge about these
concepts, they face difficulties in the efficient practical use of the specific instruments which help children accelerate their
psycho-social development.
It is necessary to know researches done about this model, the results of the studies, and their application when practicing
education. Also important are the suggestions and necessary techniques which teachers and educators need to know in
order to use them efficiently.
2. Theoretic framework, main concepts in the socio-cultural theory and research findings
The most know representative of the social-cognitive constructivist theory is Vygotsky. The focus of his work is the
individual’s interaction with society, the impact of social interaction, the language and the learning culture. He aimed to
explain the role of dialogue in structuring recognition and viewed the origin of cognitive functions as a product of social
interaction. “The human learning means a specific social natyre and a process through which children enter gradually in
the intelectual life of people sorrounding them” (Lev. S. Vygotskij, 1934).
Lantolf (2000), confirms that base on the main concepts of the sociocultural theory, the human mind is mediated.
According to Vygotsky (1978, cited Lantolf 2000), the sociocultural environment confronts children with a diverse set of
taska and questions. In early stages, the child is completely dependent on other people, especially on parents, who initiate
his decisions while instructing him what to do, how to do it and what not to do. Initially these are realized through language,
which plays a big role in the way the child adapts to the social enheritance. Vygotsky (1978 cited Wertsch 1985) declares
that the child recieves the knowledge initially through the contacts and interactions with people, and then assimilates this
knowledge adding the personal values in it. This passage from the social to the personal qualities, is not a simple imitation
but a transfer of what has been learned from the interaction to the personal values. Vygotksy admits that this is what
happens in schools. Children do not only copy what has been offered by the teachers but also trasform them during the
learing process. According to this theory, the interaction between teachers and children has a dynamic nature and learning
happens as a result of this interaction.
Ellis (2000) believes that the socialcultural theory of learning starts not through interaction but during interaction. At first,
children finish a task with the help of another person, learn it and then are able to do the same task alone. In this way, the
social interaction is a support to intermediate learning. According to Ellis, the socialcultural theory supports the idea that
sucessful interactions are those during which children are helped to finish new tasks. One of the most important
contributions of Vygotsky’s constructivist theory is the difference it makes to the current level and the potential
developement, or the so called “Zone of Proximal Development” (ZPD).
2.1. Zone of Proximal Development (ZPD)

Lantolf (2002), Wertch (1985) and Shayer (2002), admit that Vygotsky introduced the ZPD concept because he did not
approve the way the children’s intelectual abilities were being evaluated. According to him, the techniques developed for
testing the children define only the current level of development, but do not measure their potential capabilities. He strongly
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supports the view that psychology should study “what one is not yet”, so with what is expected to come and what is possible
to be reached. He introduced the concept of ZPD, which he defines as: ““the distance between a child`s actual
developemental level as determined by independent problem-solving, and the higher level of potential development as
determined through problem-solving under adult guidance or in cooperation with more capable peers (Werstch, 1985, p.60).
In other words, this means introducing two different presentations of a child: without or with the help of a partner (Carugati
F. & Selleri P., 2001, p.51).
The transition from a spontaneous concept to a scientific one, which affects the intelectual development of a child, is neither
automatic nor spontaneous. This development is reached through the adults’ interference and exactly in this moment
appears what Vygotsky calls the learning process.
ZPD helps determine the mental functions of the child which have not yet matured, but are on the process of maturing,
functions which are in the embryonic phase but will mature tomorrow. The teacher should not be limited to what the child
can do today but to what he would be able to do, if help was offered. (Aprile L., 2010. p.339). Through the help of an adult
or the more capable peers, in the ZPD appear a series of inner development processes, which later become part of the
independent achievement. The instruction and development are two different processes which are joined together through
a mutual complex relationship.
According to Shayer (2002), Vygotsky supports the idea that a good instruction should proceed ahead development and
should awaken and push for the invigoration of a set of functions that are in the maturity phase and lie in ZPD. This way
the instruction can play a big role in development. He goes on suggesting that teachers are responsible for offering the
learning context in which the intruction moves ahead of development and leads it. Shayer claims that ZPD application in
school practice is not easy. A problem observed in school texts is linked to the fact that what it means to help the children
progress from a level to another and which is the teacher’s role in facilitating this progres. Teachers and educators should
enter where and when needed in ZPD. Several important means have been discussed, like intermediation, which is central
to the sociocultural theory and the scaffolding which is mentioned by the cognitive psychologists.
2.2. Scaffolding
The term “scaffolding” has been introduced in by Wood et.al. (1976) and means ‘to create a scaffold’ or to provide an
external support through something that helps construct a building. However, this a metaphor that helps understand the
used modalities by adults to organize their activities with kids (Carugati & Selleri, 2001).
The scaffolding describes the process of transition from teacher assistance to independence. It answers the frequently
asked question about the ZPD: if a child can function at a high level only with assistance, how can this child eventually be
able to function at the same level independently? (Bodrova, E. and D.J. Leong. 2001, p.11).
Donato (1994) states that scaffolding is a concept coming from congnitive psychology. He confirms that during social
interaction, a more capable participant, through the use of language and other supportive conditions, may help the child
move forward to a higher lever with the knowledge and skills owned (cited Turuk C. M., 2008, p.252). In education,
scaffolding is an instructional structure through which the teacher models the strategy or task of learning and then moves
this responsibility to the children. According to Tharp and Gallimore (1988), learning, especially in schools can be seen as
‘achievement with help’(cited Pollard &Tann, 1993 p.111).
The use of the supportive scaffold facilitates, helps and accelerates the children’s task of learning. “When the teacher and
peers use scaffolding in cooperative learning, the learning improves” (Krajcik & Blumenfeld, 2006; Peery, Truner & Meyer,
2006; Pressley et al.,2001; Yarrow & Topping, 2001). However, this raises the question of how capable is the teacher to
choose the right type and quantity of help, in order for the child to finalize the task in an independent way, and be as
succesful as when the task was done with help. Studies point out that if an answer is not provided for this question,
scaffolding will remain a metaphor and not an intructional strategy to be used.
Vygotsky’s followers bring a set of means through which we can mention the usage of the inner language by children.
Especially children in preschool and elementary school can benefit a lot from it. According to Lurias (1979), the inner
language has another important function: it helps the children fix their outside and mental behaviour (Berk& Winsler, 1995);
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Galperin, 1992). On the other hand, the symbolic or dramatic game, which is present during the preschool age, plays a
special role in the Vygotsky theory of learning and development.
A more specific study on the supportive scaffold has been presented by Donovan and Smolkin (2002), who analyze this
concept in children’s writing. They have researched the role of different levels of the supportive scaffold in children’s
understanding and in showing their knowledge. Tasks are ranked from those that need a minimal support to those that
need intermediary and high level of support.
According to Rogoff (1990 in Donato, 1994), during the application of scaffolding, the expert should be active and attentive.
He needs to continously review his help and decide when he needs to modify and move it.
3. Methodology
3.1. Instruments
To answer challenging questions raised in this study, it has been looked into the philosophy on which the curricula and
programs that teaching for preschool classes in the city of Elbasan is based. The instruments used for this study are:
systematic participatory observation, surveys of preschool teachers of several public kindergartens, as well as case studies.
3.2. Participants
In this study have been included four public kindergartens: kindergarten number two, number four, number eleven, and
number twelve in the city of Elbasan. The number of preschool teachers who participated in completing the questionnaire
is thirty two.
3.3.Measurements
Case 1
In the math center, the teacher gives to the children the assignment to assemble the geometric shapes by size, color and
shape. Rosela and Erion group the shapes well by size and shape. Jurgen groups the square and rectangular shapes
together.
The teacher tells Jurgen to put the shapes one over the other and observe how they look. Initially Jurgen notices that the
shape laying at the bottom is more extended and bigger than the one on the top. As a next step, the teacher helps Jurgen
form the square and recktangular shapes with sticks, according to the model.
Then, the teacher asks Jurgen how many sticks he needs to form each shape. She recommends putting the sticks of each
form over each other and compare their length. Jurgen says that the sticks of the first shape are all the same while in the
second one, two sticks are equally long and two equally short. When the teacher asks how we distinguish these shapes
from each other, Jurgen replies: from the length of the sides.
Later on, Jurgen exercises drawing these shapes with the use of a template or by simply joining the shape dots marked
by the teacher. Jurgen is now able to identify these shapes in different items or objects inside the classroom. He gives
examples of square and rectangular figures in the classroom. By the end of this activity, Jurgen identifies and classifies
the geometric shapes by size, color and shape. Therefore, what he first was able to do only with help, now is able to do on
his own.
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3.4. Case studies

First case
The girl with initials e A.T cannot write her own full name, but only the first latter of the name. When the teacher asked her
why she did not write her name, the girl answered: - I cannot write my name because it is very long, has a lot of letters and
I cannot remember them in correct order.
Then the teacher built a “supportive scaffold” and used it for several days in a row in the center of reading and writing.
Firstly: She introduced the model written in capital letters.
Secondly: She would form her name with magnetic letters as per the written model.
At the beginning, she put there only letters needed to form her name. After the girl was able to identify the letters of her
name and could arrange them in proper order, the teacher added new magnetic letters.
Thirdly: She started to copy the separate letters of her name by joining the dots.
Fourthly: She could copy her name following the model, by joining dots.
Fifthly: She passed to the stage where she could copy her name as specified in the given model.
Lastly: The girl writes her name as the teacher spells the letters (te folurit e brendshem) in order. For example: N – like
nuts; L – like lemon; E – like elephant, and so on. After an intensive work in class and at home with her mother, the girl
could write her name on her own. As a result of the joy of being able to write her name, she wrote it in the board, floor,
door, hand, paper, etc.
Second case
The child with initials A.M in the third group faced difficulties in writing the letter ‘r’. To overcome this difficulty, the teacher
helped the child by holding her the hand to join the dots placed in the paper by her. Later, A.M copied the model given by
the teacher and lastly she exercises by writing on her own some lines with the letter ‘r’. During this time, the teacher
congratulated the child by drawing a star on her notebook. When writing the new letter ‘rr’, A.M tells the teacher:
- Teacher, you will not help me by holding my hand because I can write the new letter even if I do not write it beautifully.
Third case
Before joining the pre-school class, the child with initials E.T has not attended any of the kindergarten groups. A day after
the daily activity with the theme “domestic pets” was organized in the art center, the child was asked to draw a domestic
pet (dog, cat, rabbit, etc). Watching the drawings of other kids in the activity centers, the child with initials E.T started to
cry. When the teacher asked E.T why s/he was crying, E.T answered: I don’t know how to draw a cat. The teacher calmed
down the child, saying that she was there to help.
- The teacher showed the child the model she had prepared.
- She showed E.T how to draw the cat.
- She explained the drawing step by step.
Then, through oral communication she interacted with the child as following:
- Draw a circle (for the head).
- Draw within the circle, two other joined small circles (for the eyes) and another small circle in the middle (for the
nose).
- Below them, draw three “u” letters (for the lips and tongue) and some short lines on the side (for the moustache).
- Draw two small rectangular on the top of the head (for the ears). The teacher held the child’s hand to draw the
body, legs and paws.
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- Draw a straight line in the middle of the legs in a banana shape (for the tail).
This is the requested drawing. After he did this drawing two-three times, the child could draw the cat and was very happy
about this. Therefore, what E.T. could not initially do alone, now is able to do without any help.
3.5. Investigation: On which philosophy are based the curricula for preschool education in public kindergartens
in Albania?
To get information about the issue we have studied the preschool curricula offered by the Ministry of Education
and Sports of the Republic of Albania. Simultaneously we consulted with the board of directors from the District Education
Office of Elbasan. This curriculum is based on a standard philosophy that integrates several models, the traditional one
with contemporary models, which are child-centered. The teachers are given the opportunity to use elements from several
philosophies, like:”Step by Step", "Reggio Emilia", "Montessori". Teachers are free to use a variety of strategies and
techniques for the implementation of learning objectives. Giving priority to individualized learning, they are likely to rely on
techniques provided by Vygotsky’s sociocultural constructivist model.
3.6. Responses to the survey conducted among teachers of pre-school classes.

We built a questionnaire with open and closed questions to get information on the recognition and use of
Vygotsky constructivist model and its key concepts in the classroom. Questionnaires were distributed in four kindergartens
in the city of Elbasan. Out of 32 teachers, 23 of them or 71.8% said they had heard about the ZPD concept and scaffolding.
When asked to give an understanding of these concepts and define which model they belong to, it was noted that 21
teachers (or approximately 62.5%) who were also the youngest in age, provided accurate definition of the concept and the
model it belonged to. The rest were chaotic and vague in their answers.
- To the question: "Do you use the class scaffolding in class? Mention some types of their use in the classroom
", it was observed that for the first part of the question, the answers were affirmative by 20 teachers (or about
62.4%). For the second half, only 18 of them (56.2%) correctly cited the teachers behaviors associated with this
concept.
- To the question: “How do you prepare the task you give to children, in accordance with their current level of their
development, or slightly above the level of their current development”, 22 teachers (68.7% of them), choose the
second answer, while 10 of them think that these should be consistent with the current level of development.
- To the question: "Do you think it is necessary to train for this theory of learning" all the teachers gave an
affirmative answer.
4. Analysis and discussion

4.1. Analysis of the survey
From the questionnaire results, it was noted that not all teachers possess the theoretical knowledge and practical
skills to implement the concepts and techniques of instruction that suggests Vygotsky theory. The teachers who have clear
concepts associated with the Vygotsky theory (21 of them or 62.5%), were teachers who learned about these concepts
during their education in the relevant branch of study. The rest, 11 of them had greater professional experience and
regardless of the fact that in their responses was noticed the use of intuition, by mentioning the concept of "help", their
responses did not converged with the true meaning of ZDP and scaffolding concept.
In the questionnaire answers related to the practical use of scaffolding in the classroom, the fact that only 18 of them
(56.2%) gave correct examples shows that not all the teachers who know the concept are able to use it properly in teaching
situations. Despite their examples that according to them were indications of help given to children, these teachers failed
to show that help given to the child within the ZDP, through scaffolding is an individualized and specific assistance for each
child and not a general, same for all children.
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It is expected that the question regarding the level of difficulty of preparing tasks for children, the number of teachers who
felt prepared tasks should be slightly above the level of the current development of the child, was 22, almost equal to the
number of the teachers who correctly knew Vygotsky theory concepts.
4.2. Analysis of the results obtained from observations

In situations presented and described above, various scaffolding techniques are used. During the participatory observations
we made, teachers tried to create and structure learning situations in which children were assisted to pass the area of close
development. They used auxiliary questions, specific instructions, various suggestions, models, suggestions, partial
solutions, modeling indicated with loud voice etc.
In the first situation, the teacher provides individualized assistance, depending on the child potential. The teacher carefully
observing the children understands that child with initial J. needs assistance to internalize the concepts of square and
rectangle shapes and this is done by using various forms of scaffolding, as the use of questions, communications and
interaction through the use of language, modeling , relying on prior knowledge to move to another level of recognition, ie
cognitive progress. The same thing happened with case studies. In all cases, the teacher tried to use scaffolding within the
area of close development for children who need help.
From the numerous observations made for this study, in all classes of the preschool education curriculum, teachers are
given many opportunities that along with the use of other teaching strategies, to very successfully use the scaffolding
instruction as it really optimizes student learning, accomplishes child-centered teaching and individualized learning. In
addition, this type of instruction used in these teaching situation, simultaneously helps children gain initial self-regulatory
skills, setting goals to earn a behavior or to avoid another. For teachers be successful and effective in the use of this
strategy in the classroom, they must know the current level and achievements of each child. Every child is different and the
need for assistance is different, not only to different children, but also to the same child in different areas of knowledge.
These are clearly identified in the above three cases.
5. Conclusions
 Using scaffolding in preschool classes should be seen as an instrument that helps teachers pass from traditional
teaching to new various techniques of pedagogy and modern psychology.
 It is important to better understand the basic concepts of the model, features of the supportive scaffold and the
quality of teacher-child interaction which is accomplished through dialogue.
 To understand that ZPD is the theoretical basis of scaffolding.
 To understand that scaffolding has attributes that make it different from other types of instructions.
6. Suggestions
 The instruction and curriculum should be built and structured to levels that are beyond the current level of the
child.
 The teacher must build learning environments in such a way that give children the opportunity to realize the
tasks with help and support from teachers and other more capable kids.
 Teachers should observe and follow the psychosocial development of children, to recognize the current level
and their development potential and build learning tasks that are in the ZPD of the children.
 Teachers should be careful that the process of learning with help, not to be mistaken with led instructions.
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[2] Bodrova, E. and D.J. Leong. 2001. Tools of the Mind: A Case Study of Implementing the Vygotskian Approach in
American Early Childhood and Primary Classrooms. Innodata Monographs 7. Geneva, Switzerland: International
Bureau of Education. Retrieve from http://www.ibe.unesco.org/publications/innodata/inno07.pdf date 12.4.2015.
[3] Carugati F.& Selleri P. 2001. Psicologia dell`educazione. Il Mulino, Bologna.

[4] Donato, R. 1994. Collective scaffolding in second language learning. In: Lantolf, J. P., ed. Vygotskian approaches to
second language research. London: Ablex Publishing, 33-56.
[5] Donato, R.2000. Sociocultural contributions to understanding the foreign and second language classroom. In: Lantolf,
J. P., ed. Sociocultural theory and second language learning. Oxford University Press, 27-50.
[6] Lantolf, J.P. 2000. Introducing sociocultural theory. In: Lantolf, J.P., ed. Sociocultural theory and second language
learning. Oxford University Press, 1-26.
[7] Lev. S. Vygotskij, pensiero e linguaggio, (1934), cit.in Lidio Miato, La teoria vigotskiana, http://
www.iprase.tn.it/old/documentacione/Pdf/Teoria_Vygotskij.pdf date 3.5.2006.
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Yarrow & Topping, 2001. Retrieve from http://peoplelearn.homestead.com/beduc/chapter_6.pdf. date
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[9] Pollard A. &Tann S.,1993. Reflective Teaching in the primary school. Second edition,111
[10] Turuk, C. M. 2008. “The relevance and implications of Vygotsky sociokultural theory in the second language
classroom”, ARECLS 2008, vol5 244-262.
[11] Wertsch, J. 1985. Vygotsky and the social formation of mind. UK: Harvard University Press.
179
ABA Based Intervention Implemented by a Mother of a Child with ASD
Migen Sulaj
Tirana, Albania
Abstract
Over the past 15 years there has been a dramatic increase in the incidence of autism. In 2014 the American Autism and
Developmental Disabilities Monitoring Network reported estimated prevalence rates for Autism Spectrum Disorder (ASD) to
be 1 in 68. At the same time, the number of professionals qualified to coordinate effective behavioral interventions has been
limited and often prohibitively expensive. Several recent studies that include randomized trials have shown very promising
results for involving parents of very young children with autism to integrate evidence-based strategies into daily routines with
positive effects on core symptoms of the disorder. The present article shows that additional to staff treatment outcomes,
positive treatment outcomes provided by parent involved in therapy are possible. The purpose of this case study article is to
promote parent involvement in early intervention programs for children with autism. The objective is to open a new discussion
on potential ways for better treatment outcomes hoping to propose a more economic model for a poor country like Albania.
Keywords: Autism Spectrum Disorders, mother intervention, outcomes
1. Introduction
The cause of the increasing number of children with autism is not yet known (Keenan, Dillenburger, 2014). Children with
autism are considered disabled under the WHO definition for People with Disabilities. In Albania, according to the National
Strategy for People with Disability, the number of people with mental, physical and senses disability is: Total 35547, Urban
Areas15166 and Rural Areas 20381. There is no evidence published about the number or prevalence of children with ASD
in Albania. The small numbers the few autism centers existing in Albania might offer are not representative to all population.
A national survey to estimate the prevalence of ASD hasn’t been developed yet. We can assume however that the rate of
children with autism in Albania is the same with that of other countries.
Although autism is a life span condition, since the 1960’s many approaches and methods of intervention have been proven
to be successful in treatment of autism (Deisinger, 2011). Much information about various intervention methods focusing
on behavior modification for individuals with autism currently exists, however, professionals agree that parent involvement
is crucial for the success of those interventions (Lai, Lombardo, & Baron-Cohen, 2014; Beurkens, Hobson &Hobson, 2013;
Solomon & Chung, 2012; Benson & Carlof, 2008). Though the cause, the prevalence, and intervention methods of autism
are widely researched, this author believes that more focus should be drawn to parental involvement, and how to support
parents in their involvement.
In addition to trained therapists, this article basically proposes the parent involvement in early intervention programs for
children with autism. Parent involvement is a complex process that requires consideration of the basic issue of parenting a
child with autism. In recent years, a number of studies have begun to document the experiences of families caring for a
child with autism. For example, Cashin (2004) conducted a phenomenology study involving nine parents of ASD children.
This study identified several other themes in the data, indicating that parents experience less spontaneity, decreased social
contact, fewer material things, and less time to pursue their own individual interests. However, positive experiences were
also reported. For example, parents described rare moments when they truly connected with their child, and they noted
tremendous personal growth in patience. Parent coping and stress levels experienced by parents of children with autism
has been addressed by a number of quantitative studies. Much of the literature suggests that mothers and fathers of
children with autism report significantly more stress than do parents of children without disabilities or parents of children
with other disabilities, including chronic illnesses (Hastings, Kovshoff, Ward, Espinosa, Brown, & Remington, 2005; Gray,
2002; Hastings & Beck, 2004).Hastings and Beck (2004) also noted that when interventions result in children’s language
acquisition and in the reduction of problem behaviors, parents experience a greater sense of well-being and a reduction in
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reported stress levels. Interestingly, on the side of coping, Singh and colleagues (2006) suggested that stress levels can
be reduced by teaching parents how to handle problem behaviors, including aggression. Some researchers have suggested
that children perform best when their families acquire skills and knowledge along with the confidence to apply that
knowledge (Dunlap & Fox, 1999; Kuhn & Carter, 2006).
2. Method
The article summarizes the results of a case study on the staff and parent involvement in autism treatment of one child
female aged 4 years 2 months at the time of this study. The child had been diagnosed with ASD. She was attending the
kindergarten but the outcome was just the girl being present in the setting. She was not benefiting neither educational nor
other kind of service. The girl started to receive behavioral intervention in clinic setting. The system employs the
technologies of Applied Behavior Analysis and Verbal Behavior to teach small, measure units of behavior and language
systematically. After a period of 6 months of behavioral intervention in clinic setting, the clinic staff proposed to the mother
of the child to be involved in the treatment. The mother would be involved in Early Intensive Behavior Treatment and in
Problem Behaviors.Additionally parent involvement (mother) in clinic (45 min) and in home setting (45 min) was introduced
than, targeting the replication and generalization of the above.
The girl had been integrated into mainstream school (kindergarten) for duration of time that is 16 months. The Albanian
schools have on average 30:1 pupil: teacher ratio and implement the conventional Albanian mainstream curriculum. The
girl receives full – time assistance from the aide who replicates the therapy program of the center and integrates it with
school program. She continues to get clinical treatment of 7, 5 h per week and additional parent intervention both in clinic
and home setting.
2.1 Data collection

Data was collected during interventions performed by both clinic staff and the mother of the child. Target goals were the
same for the staff and parent involved in the treatment. The goals were seen divided in two domains: first domain was
acquisition of language and academic skills, self –help skills, social and play skills, class instruction and group instruction
and first/then rule. These domain targets were tracked on monthly basis over 6 trials per goal per one hour session. The
trials results were marked on every day basis as independent or prompted with type of prompt used being designated. The
final data collection was plotted using a graph tracking multiple data points utilizing the discrete trial data training.
Language acquisition starting from vocal imitation, receptive and expressive level, requesting and intraverbals, following
the commands, academic skills like writing and math, social rules and play skills , class and group instruction, yes/no and
first/then rule – all were then plotted on two graphs as to percentage of successful trials per data tracking session. Graph
1 and 2 represent the staff and mother’s intervention results in the first domain.
The second domain was Functional Behavior. ABC data collection form was used to track functional behaviors on monthly
basis over the number of nonfunctional behaviors demonstrated per one session. Graph 3 and 4 on this other domain will
be presenting the results of intervention implemented by the staff and the mother of the child.
3. Presenting problems
The case is represented by a child (girl) with autism and her mother who came in clinic to help her child. The child received
ABA at 1 year and 10 months. At the time of first assessment the girl was not attending any crèches or any state institution.
She was not verbal, no imitation skills were present, she wouldn’t turn when calling her name, she had no interest for toys
of her age, no pointing, and no presence of receptive level. Stereotypes like moving around, emitting wired voices,
movements of hands and goofy walking were present. She had no self-help skills, the play was immature and little
imaginative play was present. Challenging and non functional behaviors at apparently no reason were present as well. The
mother of the child was very interested to learn as much as possible on how to acquire the necessity skills to better help
her child with the intervention. During the first sixth months of the clinic based intervention, the mother was present in every
therapy hour. A common decision taken by the clinic staff and the mother of the child on initiating additional therapy hours
181
carried by the mother under close supervision of the clinic was very natural at this stage. Therapeutic goal, data recording
and results tracking were the same for both staff and parent.
Therapeutic Goal was to increase skills in imitation, language, play and socialization, academic skills while decreasing
challenging behaviors.
The graphs below presents the results of interventions implemented by the staff and by the mother. Graph 3 and 4 on
nonfunctional behaviors presents the reduction of these behaviors on monthly basis due to staff and parent implementation.
The data was tracked on daily basis and then graphed for the 8 months of duration.
182
183
4. Summary of changes
The child acquisition of new skills and reduction of problem behaviors will be seen as a result of treatment implemented by
clinic staff and the mother of the child as well. The child progress was assessed 8 months after attending kindergarten. The
data collected on monthly basis using the Catalyst Data Collection Platform was utilized to determine the amount of
progress toward goals 1 and 2.There was one aide who assisted the girl in the kindergarten setting. The teachers were
very surprised. They stated that the little girl was much more compliant towards group and class instruction, she was
showing less aggression or problem behaviors, her language level was impressive if compared with 7 months ago and that
she would demonstrate academic abilities like reading, writing and math skills.
Parents noticed a decrease in problem behaviors, a decrease in self-harming behaviors, an increase of language
acquisition and toileting skills achieved.
Therapists noticed improvement in imitation skills, language acquisition increased at level of three words statements and
simple intraverbals, increased requests, almost no signs of self-injury, increased academic skills toilet training achieved at
100%.
Graphs show that the progress scored during the mother intervention is somewhat lower than the progress scored by the
therapists; however, the difference between the two actors is encouraging.
5. Proposal of parent involvement in Early Intensive Behavior Treatment and Problem Behaviors in children with
ASD
Research on parent training in the field of ASD has indicated promising outcomes. There is a long tradition of parent training
in the ASD literature, but it has not reached the sophistication level of treatment packages seen for typically developing
children with compliance problems. Determining the best package methods for given ASD, and ASD severity, as well as
modifications to programs based on age, is in order. Early intensive behavioral intervention packages often include a
parenting component. This approach is significant and important since getting parents involved in these treatments as early
as possible is advisable.
The bottom line of this article is to improve the lives of children and families living with autism through promoting additional
treatment produced by the parents. In this case study, no specific training was designed nor implemented by the mother of
the child except for learning through hands-on techniques. The tracked changes suggest that positive outcomes related to
acquisition of new skills are possible even though intervention is offered by the mother of the child. Additionally, helping the
mother of the child to learn behavioral techniques for teaching positive skills (such as language) and for reducing problem
behaviors (such as aggression) is likely to have the most direct positive influence on the quality of life for families living with
autism.The mother of the child confirms more serenity and hope perceived and felt in the family of the child.
Dillenburger, Keenan, Gallager, and McElhinney (2002) suggest that empowering parents is central to ABA treatment
success. They note that parents can and should be trained to become their own child’s therapist. By learning both content
and hands-on techniques, parents are often able to take back some control over their family life. This case study is a small
scale confirmation of the above suggestion.
Reference
[1] M. Keenan , K. Dillenburger, “Autism and ABA: The Gulf Between North America and Europe”, Review
Journal of Autism and Developmental Disorders © Springer Science Business Media New York, 2014.
[2] Deisinger, J. (2011). Chapter 10 History of autism spectrum disorders, in Anthony F. Rotatori, Festus E.
Obiakor, Jeffrey P. Bakken (ed.) History of Special Education (Advances in Special Education, Volume
21)Emerald Group Publishing Limited, pp.237 – 267doi: 10.1108/S0270
[3] 4013(2011)0000021013
184
[4] Dunlap, G., & Fox, L. (1999). Supporting families with young children with autism. Infants and Young Children,
12(2), 48-54.
[5] Dillenburger, K., Keenan, M., Gallager, S., & McElhinney, M. (2002). Autism: Intervention and parent
empowerment. Child Care in Practice, 8, 216-219.
[6] Lai, M., Lombardo, M. V., & Baron-Cohen, S. (2014). Autism. The Lancet, 383(9920), 896-910.
doi:http://dx.doi.org/10.1016/S0140-6736(13)61539-1
[7] Beurkens, N. M., Hobson, J. A., & Hobson, R. P. (2013). Autism severity and qualities of parent-child relations.
Journal of Autism and Developmental Disorders, 43(1), 168-78. doi:http://dx.doi.org/10.1007/s10803-012-
1562-4
[8] Solomon, A. H., & Chung, B. (2012). Understanding autism: How family therapists can support
[9] parents of children with autism spectrum disorders. Family Process, 51(2), 250-64. Retrieved from
http://search.proquest.com/docview/1285243517?accountid=458
[10] Benson, P. R., & Karlof, K. L. (2009). Anger, stress proliferation, and depressed mood among parents of
children with ASD: A longitudinal replication. Journal of Autism and Developmental Disorders,39(2), 350-62.
doi:http://dx.doi.org/10.1007/s10803-008-0632-0
[11] Cashin, A. (2004). Painting the vortex: the existential structure of the experience of parenting a child with
autism. International Forum of Psychoanalysis, 13, 164-174.
[12] Hastings, R. P., Kovshoff, H., Ward, N. J., Espinosa, F., Brown, T., & Remington, B. (2005). Systems analysis
of stress and positive perceptions in mothers and fathers of pre-school children with autism. Journal of Autism
and Developmental Disorders, 35(5), 635-644.
[13] Gray, D. E. (2002). Ten years on: A longitudinal study of families of children with autism. Journal of Intellectual
and Developmental Disabilty, 27(3), 215-222.
[14] Hastings, R. P., & Beck, A. (2004). Practitioner review: Stress intervention for parents of children with
intellectual disabilities. Journal of Child Psychology and Psychiatry, 45(8), 1338-1349.
[15] M.L. Matson et al. / Research in Autism Spectrum Disorders 3 (2009) 868–875
[16] Singh, N. N., Lancioni, G. E., Winston, A.S., Fisher, B. C., Wahler, R. G., McAleavey, K., et al.
[17] (2006). Mindful parenting decreases aggression, noncompliance, and self-injury in children with
[18] autism. Journal of Emotional and Behavioral Disorders, 14(3), 169-177.
185
Albanian Teachers’ Approaches to Classroom Management
Nihat Aksu PhD Cand.

Faculty of Social Sciences and Education,
Universiteti Europian i Tiranёs
nihataksu@yahoo.com
Abstract
One of the key elements in having an effective teaching and learning atmosphere goes through classroom management. On
the other hand, different needs brought different approaches and strategies to solve the broad area of classroom management.
The 21st century classroom managements require quite complex approaches. In this article it is aimed to present strategies
used by teachers in classroom management. The researcher anonymously surveyed 45 teachers who were teaching in private
institute in Tirana were asked to complete the Incredible Years Teacher Strategies Questionnaire (TSQ) section A and section
B only to measure classroom management behavior and the frequency of use of five teacher strategies: praise and
effectiveness, proactive strategies, limit-setting, total positive approaches, and inappropriate strategies. The variables such
as gender, years of experience, and age that may influence teachers’ classroom management strategies and confidence are
discussed. After analyzing the data, it was revealed that male and female teachers differ in terms of coaching, praise and
incentives, proactive strategies, and social & emotional teaching strategies they employ. The results indicated that there was
no relationship between years of experience and coaching, praise and incentives strategies and proactive strategies. Only
there was a relationship between years of experience and social & emotional teaching strategies. However, they differed in
terms of age, teachers in age group of 45-54 are better at coaching, praise and incentives, proactive strategies, and social &
emotional teaching strategies. By analyzing the data, the results indicated that a solid half of the study’s participants were not
using positive classroom strategies and lack of these classroom management strategies were also causing use of
inappropriate classroom management techniques.
Keywords: classroom management, confident teacher, inner discipline, effective teaching
Introduction
Students facing the teacher in a class, waiting for instructions, and being taught new subjects is quite a burden on teacher`s
shoulders as each individual requires different approaches to their inner worlds of comprehension. There are no two people
in the world that have exactly same values of interest, or sharing same characteristic traits. Thus, motivating different people
around the same purposes or set goals is quite a difficult task for instructors, educators, especially the ones that are willing
to educate students for a better future in terms of a better university, and a better or satisfying job which requires a long
term plan of diligent hard work. Literature, on the other hand, suggests that effective classroom managers take greater
measures to prevent misbehavior from occurring (Emmer, Evertson, & Anderson, 1980) and that such measures should be
emphasized before and during the first days of the school year (R. T. Wong & Wong, 1998), and (BROOME, 2013). Thus;
if a measure is to be taken for classroom management it should be from the beginning and consistent in its application.
The followings are some of the headings that can be applied in order to reach a healthier classroom management: (1)
Provide Appropriate Supervision, (2) Provide Appropriate Structure and Routines, (3) Model Appropriate Behavior, (4)
Reinforce Appropriate Behavior, (5) Provide Predictable and Consistent Discipline, (6) Avoid Looking for Biological Causes
of Behavior, (7) Be A Teacher, Not A Friend, (8) Let Students Know You Like Them & Are Interested In Their Interests, (9)
Have Fun! (10) Be Consistent. Among the above mentioned techniques I would like to write in favor of the tenth approach
as consistency would also cover the other techniques as it plays the most crucial role in classroom management.
Literature Review
1. Provide Appropriate Supervision
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Students being observed throughout the lesson may indicate better performance, however the ones that are supervised
even in their daily lives would perform much better performances in terms of being planned in terms of what to do, when to
do, and how to do. “The students are secure in knowing what is going to happen every day” (H. Wong, Wong, Rogers, &
Brooks, 2012) as to make sure students have their days planned and sure of being supervised; “There are procedures that
help students organize their day” (H. Wong et al., 2012).
2. Provide Appropriate Structure and Routines
On daily basis, students need to know the things they have to do in completing their daily learning or knowledge gaining
process. Teacher should provide some principles and routines that will help students avoid distraction. For example daily
assignment checks should be done via check lists in an orderly fashion which will also help the teacher to have a reliable
collected data on student`s improvement.
“• Create four to six classroom rules that clearly specify appropriate behavior • Consider Involving the students in the
generation of the rules. • Write the rules using positive language. • Post and refer to classroom rules as necessary. •
Develop routines to provide direction about how different classroom tasks are accomplished. • Teach and demonstrate
classroom rules and routines as specifically as you do academic content.” (Garrett, 2013)
3. Model Appropriate Behavior
Role modeling is also essential in having students reflect the expected behavior as their personality and characters get
shaped by what they observe from their parents and teachers. Children turn into what we put in front of them; if they have
good role models in front of them, and then they can manage to build strong characteristic traits. “Two independent
characteristics of teacher behaviour can be used to map the teacher–student relationship: control and affiliation. As
described in Wubbels, Brekelmans, den Brok, and van Tartwijk (2006)” (Wubbels, 2011).
4. Reinforce Appropriate Behavior
Reinforcing positive behavior is also an essential element in canalizing students` behavior into the positive learning.
Students should see that their positive behavior is valued by the teacher so that he\she can reflect the same behavior when
needed; otherwise the behavior would diminish throughout time. “One new direction gaining momentum is the application
of a Positive Behavior Supports model in a multitier system of intervention” (Ihlo & Nantais, 2010). Promoting a prevention
oriented positive environment involves universal supports found successful in the past (Roskos & Neuman, 2012).
5. Provide Predictable and Consistent Discipline
Teachers should provide predictable and consistent discipline. In order to gain trust and fairness among students, the rules
and guidelines should be clear and perceivable. Once the rules are explained though rational reasons their consequences
should also be given as to avoid misunderstandings on both student and teacher side.
6. Avoid Looking for Biological Causes of Behavior
When encountered with unwanted behavior, biological reasons such as tantrums behind the behavior shouldn`t veil the
real reason behind it. A good teacher should be able to see beyond the matters when needed. Sometimes normally well-
mannered students may reflect negative behavior which could be given a logical explanation by the student when given
the chance of expressing himself\herself.
7. Be A Teacher, Not A Friend
The relation between teacher and students shouldn’t trespass the red lines which is quite vital in keeping the balance as it
may cause loss of control and make the whole process of hard work going astray. On the other hand, it is important that a
teacher keeps a good relation with his\her students.
8. Let Students Know You Like Them & Are Interested In Their Interests
While being able to keep the distance between the teacher and student, teacher should also be able to show his\her interest
in students’ hobbies or areas of fun. They might be able to make some little jokes to each other, and talk about things out
of lesson. On the other hand, students’ being in the same class with different backgrounds is itself a mixture as no two
students are alike. Each individual has his/her own traits, especially when it comes to teaching where differences are to
lessened or at least blurred in order to emphasis unity and reach every person in the class. Thus, differences are to be
reflected as variety of values.
9. Have Fun!
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While trying on heavy burdens of teaching and learning processes both teachers and students may spare some time for
fun, more importantly the lesson shouldn`t be given in a very serious, mundane way as it would cause boredom. There can
be little breaks of entertainment and lesson process should be provided together with fun, in other words, students should
learn through funny activities.
10. Be Consistent
Among above mentioned techniques the most inclusive one that also covers the other techniques in a way is being
consistent in whatever discipline, rules, or guidelines are being followed. If students are well aware of the fact that their
teachers are following some principles persistently they will eventually start to indicate positive behavior no matter what
obstacles they face during the process of educational year (Lewis, Newcomer, Kelk, & Powers, 2000).
“Management procedures and routines that have been deliberately established in the first few weeks of school
stabilize when teachers adhere to a small set of well-defined expectations (e.g., “Be respectful; be responsible;
be a problem solver”), provide reinforcement when expectations are met, and swiftly apply stated consequences
when they are not”(Roskos & Neuman, 2012).
Methodology
A. Research Questions
1. To what extent are the classroom management strategies being employed by teachers?
2. How do teachers’ gender, age, and years of teaching experience influence their choice of classroom management
strategies and confidence in classroom management situations?
B. Participants
Participants of this study were composed of 45 teachers. Out of these 45 teachers, 20 were females and 25 were males.
They were between 23 to 68 years old. These teachers were teaching in a private school in Tirana.
C. Instrument
Teacher Classroom Management Strategies Questionnaire (2012) created by The Incredible Years was utilized in this
study. It is of reasonable length and should prove to be a useful tool for researchers interested in exploring the classroom
management strategies of teacher.
There were 4 sections A, B, C and D. These sections were managing classroom behavior, specific teaching techniques,
working with parents, and planning and support. There were 3 items in section A; items 1 (confident in managing current
behavior problems), 2 (confident in managing future behavior problems), and 3 (confident in emotional, social and problem
solving teaching); and were offered on a 6-point Likert scale, ranging from: 1- very unconfident, to 6- very confident.
There were 38 items in section B and related to the five subscales and measure the frequency of use and the usefulness
of five teacher strategies: coaching, praise and incentives, proactive strategies, social & emotional teaching strategies,
limit-setting strategies, and inappropriate strategies.
Items 1(coach positive social behaviors), 3(frequency reward with incentives), 4(frequency praise), 18 (frequency use group
incentives), 19 (frequency use special privileges), 20 (frequency individual incentive programs), 31 (call parents to report
good behavior), and 28 (send home happy grams about positive behavior) were measuring the coaching, praise and
incentives.
Items 15 (frequency use problem solving), 16 (frequency use anger management), 17 (frequency prepare for transitions),
21 (frequency clear positive directions), 23 (frequency clear classroom discipline plan), 24(emotion coaching), 26
(persistence coaching), and 29 (call child after a bad day) were measuring proactive strategies.
Items 32 (model self-regulation strategies for students), 33 (teach specific social skills in circle time), 34 (use imaginary
play to teach problem solving), 35 (set up problem solving scenarios to practice pro social solutions), 36 (promote respect
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for cultural differences in classroom), 37 (teach children to ignore disruptive behavior), and 38 (teach children anger
management strategies) were measuring social & emotional teaching strategies.
Items 5 (frequency use time out for destructive behavior), 13 (frequency ignore non-destructive misbehavior), 14 (frequency
use verbal redirection for disengagement), 22 (frequency warn of consequences for misbehavior), and 25 (frequency
nonverbal signals to redirect) were measuring limit-setting strategies.
Items 2 (frequency comment on bad behavior), 6 (frequency single out child or group for misbehavior), 7 (frequency use
physical restraint), 8 (frequency use comments in loud voice), 9 (frequency in-house suspension), 10 (frequency warn to
send child out of class), 11 (frequency send child home), 12 (frequency call parents report bad behavior), and 27 (frequency
send home notes re problem behavior) were measuring inappropriate strategies. These 38 items were offered on a 5-point
Likert scale, ranging from: 1- rarely/never, to 5- very often to measure the frequency of use and the usefulness.
There were 10 items in section C; items 1 (promote parent involvement), 2 (teach parenting skills), 3 (collaborate on
behavior program), 4 (hold extra conferences for problems), 5 (involve parents in home activities with child), 6 (develop
parent partnerships), 7 (send home teacher communication letters or newsletters), 8 (talk to parents/culture), 9 (home
visits), and 10 (parent support groups). Section C items and in section B item 30 (student interest survey) were measuring
frequency of use of positive approaches with parents. In section D 8 items were measuring planning and support related
strategies. Section C and D items were offered on a 6-point Likert scale, ranging from: 1-never, to 7-daily.
The reliabilities of the scales of classroom management strategies for the present study follow: 0.81 for managing classroom
behavior and 0.70 for specific teaching techniques.
D. Procedure
Teachers completed the Incredible Years Teacher Strategies Questionnaire (TSQ) section A and section B only to measure
classroom management behavior and the frequency of use and the usefulness of five teacher strategies: praise and
effectiveness, proactive strategies, limit-setting, total positive approaches, and inappropriate strategies.
Results and Discussion

Forty-five teachers anonymously completed the questionnaire and all analyses for the study were done with SPSS 20. The
first three questions asked participants general information about themselves. The first question asks gender. Of the forty-
five participants, 25 were male and 20 were female. The second question asks age of participants. Of the forty-five
participants 25 were between ages 20 and 34, 11 were between ages 35 and 44, 3 were between ages 45 and 54, and 6
were ages 55 or above. The third question asks years of teaching experience. Of the forty-five participants, 14 have 5 or
less years, 12 have between 6 and 10 years, 7 have between 11 and 15 years, 3 have between 16 and 20 years, and 9
have 21 or more years of teaching experience.
The section A uses a 6-point scale rating. Participants were asked if they “unconfident”, “somewhat unconfident”, are
“neutral”, “somewhat confident”, “confident” or “very confident” to three separate statements focusing on confidence in
classroom management situations such as confident in managing current behavior problems, confident in managing future
behavior problems and confident in emotional, social and problem solving teaching. The highest response was “confident”
with 58.5%. The second highest response chosen was “very confident” with a much lower percentage of 16.3%. Male and
female teachers differ in terms of managing classroom with confidence. In terms of participants’ gender the highest
response “confident” was chosen by male teachers are 65.3% and by female teachers are 50.0%. However, the
“unconfident” response was chosen by male teachers with 4.0%. In terms of participants’ age and years of teaching
experience the most frequently chosen response was “confident”. But it decreased significantly and response “very
confident” increased with increase of age and years of experience. By analyzing the responses percentages are combined,
“often” and “very often”, it can be assumed that there was positive correlation between years of experience, age and
confidence. In terms of gender, age, and years of teaching experience, the Table 1 shows percentages and totals are
based on responses to a group of three statements on confidence in classroom management situations.
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Table 1 Comparisons for gender, age, and teaching experience and confidence scale
Confidence Managing Classrooma
Somewhat Somewhat
Unconfident unconfident Neutral confident Confident Very confident
Gender Male 25 4.0% 4.0% 2.7% 8.0% 65.3% 16,0%
Female 20 0.0% 3.3% 15.0% 15.0% 50.0% 16,7%
Age 20-34 25 4.0% 6.7% 6.7% 12.0% 61.3% 9,3%
35-44 11 0.0% 0.0% 12.1% 12.1% 66.7% 9,1%
45-54 3 0.0% 0.0% 0.0% 22.2% 44.4% 33,3%
55+ 6 0.0% 0.0% 11.1% 0.0% 38.9% 50,0%
Teaching 0-5 14 0.0% 11.9% 9.5% 9.5% 57.1% 11,9%
Experience 6-10 12 8.3% 0.0% 5.6% 22.2% 52.8% 11,1%
11-15 7 0.0% 0.0% 9.5% 14.3% 76.2% 0,0%
16-20 3 0.0% 0.0% 11.1% 0.0% 66.7% 22,2%
21+ 9 0.0% 0.0% 7.4% 0.0% 51.9% 40,7%
Total 45 2,2% 3.7% 8.2% 11.1% 58.5% 16.3%
Percentages and totals are based on respondents.
a. Group
The section B were focusing on how often teachers use the specific teaching and classroom management techniques. This
section has five scales for frequency; coaching, praise and incentives; proactive strategies; social & emotional teaching
strategies; limit-setting strategies; inappropriate strategies. Total positive strategies include items in the first three scales.
The scale coaching, praise and incentives includes eight separate statements such as reward targeted positive behaviors
with incentives (e.g. stickers) and praise positive behavior. The Table 2 shows that the highest response was “often” with
29.3%. However, the second highest response chosen was “sometimes” with a slightly lower percentage of 28.1%. The
response of “rarely/never” was 14.1% which is almost half of highest response. The scale proactive strategies include eight
separate statements such as use problem-solving strategy (e.g., define problem, brainstorm solutions) and use anger
management strategy for self (e.g., deep breaths, positive self-talk). The highest response was “often” with 28.1% and
other selected responses were closed to the each other. Other responses for group of proactive strategies statements were
“rarely/never” with 18.5%, “sometimes” with 20.0%, “half of time” with 16.3%, and “very often” with 17.0%. The scale social
& emotional teaching strategies include seven separate statements such as set up problem solving scenarios to practice
pro-social solutions and teach children to ignore disruptive behavior. The Table 2 shows that the highest response was
“often” with 31.9%. However, the second highest response chosen was “sometimes” with a slightly lower percentage of
30.4%.The scale limit-setting strategies include five separate statements such as use time out (time away to calm down)
for aggressive behavior and use verbal redirection for child who is disengaged. The Table 2 shows that the highest response
was “sometimes” with 33.3%. However, the second highest response chosen was “often” with a slightly lower percentage
of 28.9%. The scale inappropriate strategies include nine separate statements such as use physical restraint and reprimand
in a loud voice. The Table 2 shows that the highest response was “rarely/never” with 45.4%. However, the second highest
response chosen was “sometimes” with percentage of 36.8%. It is significant that majority of participants were not using
inappropriate strategies with an 82.2% of response (together with “rarely/never” and “sometimes”).
Table 2 Management strategies scales and percentages of respondents

Management Strategies Frequencies
Rarely/Never Sometimes Half the Often Very
time Often
Coaching, Praise and Incentivesa 14.1% 28.1% 10.4% 29.3% 18.1%
Proactive Strategiesa 18.5% 20.0% 16.3% 28.1% 17.0%
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Social & Emotional Teaching Strategiesa 13.3% 30.4% 13.3% 31.9% 11.1%
Limit-Setting Strategiesa 10.7% 33.3% 14.2% 28.9% 12.9%
Inappropriate Strategiesa 45.4% 36.8% 6.7% 8.6% 2.5%
Percentages are based on respondents.
a. Group
Table 3 shows that in terms of gender male teachers more often were using coaching, praise and incentives strategies with
32.7% compare to female teachers with 11.2%. Female teachers’ highest response was “sometimes” with 30.8%. Both
male and female teachers chosen highest response were “often” with respectively 26.7% and 30.0%. Female teachers
more often were using social & emotional teaching strategies with 38.3% compare to male teachers with 14.8%. Male
teachers’ highest response was “sometimes” with 30.7%. Male teachers more often were using limit-setting strategies with
32.0% compare to female teachers with 25.0%. Female teachers’ highest response was “sometimes” with 39.0%. Female
and male teachers answered “rarely/never” to the inappropriate strategies statements with respectively 44.0% and 47.2%.
Male and female teachers differ in terms of coaching, praise and incentives, proactive strategies, and social & emotional
teaching strategies they employ. According to the Table 3, male teachers are better at coaching, praise and incentives and
proactive strategies, however female teachers are better at social & emotional teaching strategies.
Table 3 Comparisons for gender and management strategies scales
Coaching, Praise and Incentives

Half the
Rarely/Never Sometimes time Often Very Often
Gender Male 25 11.3% 26.0% 10.0% 32.7% 20,0%
Female 20 17.5% 30.8% 10.8% 25.0% 15,8%
Total 45 14,1% 28.1% 10.4% 29.3% 18.1%
Proactive Strategies
Gender Male 25 14.7% 24.0% 12.0% 26.7% 22,7%
Female 20 23.3% 15.0% 21.7% 30.0% 10,0%
Total 45 18.6% 20.0% 16.3% 28.1% 17.0%
Social & Emotional Teaching Strategies
Gender Male 25 9.3% 30.7% 21.3% 26.7% 12,0%
Female 20 18.3% 30.0% 3.3% 38.3% 10,0%
Total 45 13,3% 30.4% 13.3% 31.9% 11.1%
Limit-Setting Strategies
Gender Male 25 9.6% 28.8% 14.4% 32.0% 15,2%
Female 20 12.0% 39.0% 14.0% 25.0% 10,0%
Total 45 10,7% 33.3% 14.2% 28.9% 12.9%
Inappropriate Strategies
Gender Male 25 44.0% 38.5% 6.5% 7.5% 3,5%
Female 20 47.2% 34.6% 6.9% 10.1% 1,3%
Total 45 45,4% 36.8% 6.7% 8.6% 2.5%
a. Group
The Table 4 shows total response percentages “often” and “very often” between classroom management strategies scales
and participants’ age. The total response percentages “often” and “very often” for coaching, praise and incentives strategies
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were highest in age group of 45-54 with 72.2% and lowest in age group of 55 and over with 41.7%. The total response
percentages “often” and “very often” for social & emotional teaching strategies were higher in age groups of 45-54 (7.8%)
and 55+ (72.2%) and lower in age groups of 20-34 (36.0%) and 35-44 (33.3%). The total response percentages “often”
and “very often” for proactive strategies were 40.0% (20-34), 54.5 %( 35-44), 55.6 %( 45-54), and 44.4 %( 55+). Table 4
data shows that below 34 aged teachers (11.5%) and 55 and above aged teachers (16.7%) were using inappropriate
strategies in the classroom comparing to the middle aged (35-54) teachers (totally 10.3%). According to the Table 4,
teachers in age group of 45-54 are better at coaching, praise and incentives, proactive strategies, and social & emotional
teaching strategies.
Table 4 Comparisons for age and management strategies scales
Age
20-34 35-44 45-54 55+ Total
*Coaching, Praise and Incentivesa 47.3% 43.9% 72.2% 41.7% 47.4%
*Proactive Strategiesa 40.0% 54.5% 55.6% 44.4% 45.2%
*Social & Emotional Teaching Strategiesa 36.0% 33.3% 77.8% 72.2% 43.0%
Limit-Setting Strategiesa 40.8% 50.9% 46.7% 26.7% 41.8%
Inappropriate Strategiesa 11.5% 10.3% 0.0% 16.7% 11.1%
Percentages and totals are based on total responses of "often" and "very often".
a. Group
* positive management strategies
The scale, “coaching, praise and incentives”, provided an interesting result since nineteen of the forty five participants who
had years of teaching experience 6-10 and 11-15 chose “rarely/never” (16.7% and 21.4%) which were quite high response,
while fourteen of them who had years of teaching experience 0-5 chose “rarely/never” (9.5%) but were having second
highest response of “sometimes” with 31.0%. If the percentages of responses “often” and “very often” are combined for
proactive strategies, participants who had years of teaching experience 6-10 chose highest response with 61.1%. Nine of
the forty five participants who had years of teaching experience 21 or over not only chose highest response of “rarely/never”
with 29.6%, but also chose highest response of “often” with 44.4% for the proactive strategies scale. The scale, “social &
emotional teaching strategies”, also provided an interesting result, if the percentages are combined, “often” and “very often”
make up 66.7% of the participants’ (21+) responses. Above 16 years experience had participants’ selected responses of
“often” for inappropriate strategies were high with percentages of 12.5% and 11.1% compare to the less years of experience
had participants with percentages of 8.9%, 6.3%, and 7.3%. In terms of participants’ “often” and “very often” response
percentages were highest for coaching, praise and incentives strategies with 61.2% (16-20), were highest with 61.1% (6-
10) for proactive strategies, and were highest with 66.7% (21+) for social & emotional teaching strategies. By analyzing
the responses percentages are combined, “often” and “very often”, it can be assumed that there was no positive correlation
between years of experience and coaching, praise and incentives strategies and proactive strategies. Only there was a
positive correlation between years of experience and social & emotional teaching strategies. This analysis is illustrated in
Table 5 below.
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Table 5 Comparisons for teaching experience and management strategies scales

Coaching, Praise and Incentives
Half the
Rarely/Never Sometimes time Often Very Often
Teaching 0-5 14 9.5% 31.0% 15.5% 29.8% 14.3%
Experience 6-10 12 16.7% 20.8% 9.7% 27.8% 25.0%
11-15 7 21.4% 21.4% 11.9% 31.0% 14.3%
16-20 3 11.1% 16.7% 11.1% 55.6% 5.6%
21+ 9 13.0% 42.6% 1.9% 20.4% 22.2%
Total 45 14,1% 28.1% 10.4% 29.3% 18.1%
Proactive Strategies
Teaching 0-5 14 19.0% 19.0% 26.2% 23.8% 11.9%
Experience 6-10 12 11.1% 19.4% 8.3% 27.8% 33.3%
11-15 7 14.3% 28.6% 19.0% 14.3% 23.8%
16-20 3 22.2% 22.2% 22.2% 33.3% 0.0%
21+ 9 29.6% 14.8% 7.4% 44.4% 3.7%
Total 45 18,5% 20.0% 16.3% 28.1% 17.0%
Social & Emotional Teaching Strategies
Teaching 0-5 14 9.5% 33.3% 14.3% 35.7% 7.1%
Experience 6-10 12 16.7% 36.1% 16.7% 13.9% 16.7%
11-15 7 14.3% 28.6% 23.8% 23.8% 9.5%
16-20 3 11.1% 33.3% 11.1% 44.4% 0.0%
21+ 9 14.8% 18.5% 0.0% 51.9% 14.8%
Total 45 13,3% 30.4% 13.3% 31.9% 11.1%
Limit-Setting Strategies
Teaching 0-5 14 11.4% 35.7% 8.6% 30.0% 14.3%
Experience 6-10 12 10.0% 25.0% 21.7% 28.3% 15.0%
11-15 7 8.6% 28.6% 20.0% 25.7% 17.1%
16-20 3 20.0% 13.3% 26.7% 33.3% 6.7%
21+ 9 8.9% 51.1% 4.4% 28.9% 6.7%
Total 45 10,7% 33.3% 14.2% 28.9% 12.9%
Inappropriate Strategies
Teaching 0-5 14 42.9% 36.6% 8.0% 8.9% 3.6%
Experience 6-10 12 45.8% 40.6% 5.2% 6.3% 2.1%
11-15 7 52.7% 27.3% 12.7% 7.3% 0.0%
16-20 3 45.8% 33.3% 8.3% 12.5% 0.0%
21+ 9 43.1% 40.3% 1.4% 11.1% 4.2%
Total 45 45,4% 36.8% 6.7% 8.6% 2.5%
a. Group
There were totally 540 responses to the positive strategies statements. Only 247 responses were “often” and “very often”
which is less than half responses with 45.7%. And also used inappropriate strategies were quite high with 17.8%. By
analyzing the percentages, it can be assumed that a solid half of the study’s participants were not using positive classroom
strategies and lack of these management strategies were also causing use of inappropriate classroom management
techniques. This analysis is illustrated in table 6 below.
Table 6 Classroom management strategies scales and responses & percentages
Responses "often" & "very often"
Classroom Management Strategies Scales
N (1124) Percent
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Positive Strategies* 247 (540) 45.7%

Inappropriate Strategies 40 (225) 17.8%
Limit-Setting Strategies 94 (359) 26.2%
*Coaching, Praise and Incentives; Proactive
Strategies;Social & Emotional Teaching Strategies
Conclusion
The search for unknown throughout history brought us to the interrelation between school, teacher, and students; as it has
always been a need for human beings to quench their thirst for learning more and more. However, environmental issues,
different talents, variety of the goals, methodologies used in teaching or learning, and most importantly technology are
some of the factors that determine the level of teaching and learning on each individual. Thus providing sustainable,
maintainable principles and following them in order to achieve success is quite vital on both teacher and student side.
Overall, this study sought to highlight the importance of classroom management, and shed light on how this influences
teachers’ confidence and preparedness in the classroom.
References
[1] BROOME, J. L. (2013). A Case Study in Classroom Management and School Involvement: Designing an Art
Room for Effective Learning (J. L. j. f. e. Broome, Trans. Vol. 66).
[2] Emmer, E. T., Evertson, C. M., & Anderson, L. M. (1980). Effective classroom management at the beginning of
the school year. The elementary school journal, 219-231.
[3] Garrett, T. (2013). CLASSROOM MANAGEMENT: It's More Than a Bag of Tricks. [Article]. Education Digest,
78(9), 45-49.
[4] Ihlo, T., & Nantais, M. (2010). Evidence-based interventions within a multi-tier framework for positive behavioral
supports. The promise of response to intervention: Evaluating science and practice, 239-266.
[5] Lewis, T., Newcomer, L., Kelk, M., & Powers, L. (2000). Preventing and addressing aggressive and violent
behavior through individual systems of positive behavioral support. Reaching Today’s Youth, 5, 37-41.
[6] Roskos, K., & Neuman, S. B. (2012). Classroom management for achieving readers. The Reading Teacher,
65(5), 308-312.
[7] Wong, H., Wong, R., Rogers, K., & Brooks, A. (2012). Managing Your Classroom for Success. Science and
Children, 49(9), 60-64.
[8] Wong, R. T., & Wong, H. K. (1998). The first days of school: how to be an effective teacher 2nd ed. United
States of America: Harry K. Wong Publications.
[9] Wubbels, T. (2011). An international perspective on classroom management: what should prospective teachers
learn? Teaching Education, 22(2), 113-131.
[10] Wubbels, T., Brekelmans, M., den Brok, P., & van Tartwijk, J. (2006). An interpersonal perspective on classroom
management in secondary classrooms in the Netherlands. Handbook of classroom management: Research,
practice, and contemporary issues, 1161-1191.
[11] Years, T. I. (2012). Teacher Strategies Questionnaire, from
http://incredibleyears.com/download/resources/teacher-
pgrm/American%20Teacher%20Strategies%20Questionnaire.pdf
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Social Media as a New Form of Public Sphere
Erlis Çela, PhD. Cand.

“Hëna e Plotë” Bedër University
ecela@beder.edu.al
Abstract
The public sphere is a concept widely studied from many different disciplines such as political sciences, sociology, dhe
communication sciences. It is crucial for the well-functioning of democracy, to have a well-structured process which creates
the public opinion as a synthesis of individual thoughts acting for the common interest. The concept public sphere in itself
and its formation process has gone through a lot of changes since the time where the german scholar Jurgen Habermas
brought for the first time its definition. The appearance of the new medias and the development in the communication
technology have brought huge transformations even in the conceptual term of public sphere and public discourse. Web
communication, especially the communication handled in the dixhital environment is a completely new reality which needs to
be explored. Social Media like Facebook, Twitter, Instagram, Youtube etc, are a new communication field being used from
the public factors to communicate with the audiences. The technical opportunities that these platforms offer make it possible
for the transmitter and the receiver of the message to communicate in a higher level. In contrast, virtuality serves as an
inducement mean for the users in the social network to be near the participators in the process of communication.
Keywords: Public sphere, political communication, social media, cyberspace, e-participation
Introduction
Public Sphere according to Habermas
Media have an important role in the social changes by powering the public sphere. Seen from the historical context different
scholars have agreed that media plays a really important role in shaping our own ideas and establishing our position in
society. The german sociologist and philosopher Jurgen Habermas in his book “The structural transformation of the Public
Sphere”, argues that the press have contributed in the democratization of Europe by creating an environment suitable for
discussion and agreements between the citizien involved politicaly. The political freedom should be accompanied with an
educated civilized society and socially aware to discuss events that are related with the public’s interest. Similar to the
masmedia case, internet and especially the social media, allows the individuals to discuss and express their thoughts in
public regarding events which have a wide public interest (Shirky, 2011)
Habermas in his book opposes, according him the feudal domination of involvement in the public communication. Habermas
put against this concept the public communication with two-direction, that of equality and the one oriented toward the
consensus which would be able to create a real (possibility) and relevant public space for politics. For the civilian public
sphere presented from Habermas as public discussion arena, informed and resonating, the independent press based on
the free market has an important significance. This press should be accessible for a large amount of people and inside it
should be involved different arguments and point of views as a part of rational discussions. Inside this public space are
discussed even the governmental politics which are part of critical thinking. According to Habermasit after the second half
of the 19 century in the capitalist societies, the situation was completely different, where the realization of the representative
democracy was quite impossible due to the dominion of the public sphere from the strong and widespreading state and
due to the press which represented the economic interests. Medias from the position of being a part of public sphere and
racional discution are becoming a part of refeudalisation process of public sphere, where state, industrial corporates and
media control the public sphere. According to Haberman in these societies medias are turned into a deceiver tool by turning
the public into a passive consuming audience. The public space in theories involving participations is characterized from
the equal acceptance of the factors that dicuss, from the reciprocal connection of communication and through a structure
which offers possibilities to be involved in a discourse and does not exclude in a structural manner certain thoughts or
certain complex themes. (Habermas, 1991, p. 31).
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Despite what it is stated above, the theory of Habermas for the rational public sphere and opinion was criticized a lot form
the critics who bring new arguments. The main criticism is related with the fact that the concept of the public sphere is an
elite concept and most propably utopian that have never existed. Meanwhile another criticism comes from the feminist
movement which states that Habermas creates a public sphere that does not include all the components of the society
such as: women or representatives form the lowest class of society. (Papacharissi, 2002, p. 11).
Cyberspace and the internet as the new forms of the public spheres.
The development of new technologies such as communication and the arousing of the new media based on Web 1.0 and
Web 2.0, brought another new dimension in the discussion of the public sphere. The public sphere or the public space
where takes place debates that have a wide interests in public and where is developed a critical reflections toward the
governmental policies is strictly related with the media and technology. Starting from the time when the newspaper in the
United Kingdom expand their functionality by adding opinions, criticism and comments beside the news, facilitating in this
way the debate between the bourgeoisies and the educated class of society and up to our days where the social media as
the newest product in the revolution of the communication technology, “Public sphere” and “public opinion” are both terms
that are strongly related with the functions of media and the democratic representative theory. (Mecnair, 2009, p. 32) (Boyd,
2011, p. 53). After the innovation of internet, the scholars brought to attention a differentiation of the public sphere and
public opinion from their classical meaning and a new notion “ networked public sphere”, where the public opinion is shaped
through exchanges in the online platforms. Cybersecurity space known different as “cyberspace” currently is a new public
space.
Internet as a new public sphere can facilitate the discussion that promotes the exchanging of new ideas and opinions.
(Papacharissi, 2002, p. 11). The exchanging of ideas and the interaction between the individuals has reached the higher
level thanks to the using of social media platforms like facebook, twitter dhe youtube. These users can communicate freely
with each-other and consequently can come together for a certain theme. Communicating online means to publish online
which on the other hand refer to be connected online with other people. The published content in the social media is
reachable from anyone throughout the world eliminating in this way the physical and infrastructure obstacles which means
that the freedom of the speech is now the freedom of the press and as a consequence the freedom to gather together.
(Fuchs, 2014, p. 185). It was never as easy as it it is now for the people to come together and be organized to express their
criticism or to contradict a certain matter that concerns a certain community.
The Albanian environment (context) offers a wide variety of examples that shows that the users of the social media thanks
to the opportunities to build virtual communities and use virtual communications, have the possibility to be organized and
discuss, debates and oppose a certain political action or a certain wrong decision. The well-spreaded news about the
dismantling of the chemical weapons of Syria will tool place in Albania caused a strong reaction in the public opinion. Taking
into consideration that the televisions or the newspaper were not giving the necessary importance to this matter, purposely
or not, a community in Facebook organized a campaign which made together a huge number of people. Within a short time
the Facebook page against the Dismantling of the Chemical Weapons in Albania reached a big number of followers. This
profile served to organize the opponency grouping in the protests held that time.
Such protests case against the chemical weapons is a pure example for showing how the social media make it possible to
develop e public discussion by serving as an alternative public sphere where is shaped the public opinion. As e result this
opinion has reached the higher level of acceptance from a wide class of society. The government was forced to reject this
project due to the strong opponence from the public opinion in order to refuse the request made from the American
government to dismantle these weapons in the albanian territory. The official profile of the Albanian primeminister in the
facebook network was so full of comments and criticism which were related with this matter that forced the primeminister
to pay a bigger attention to clarify the users on the facebook than the ones who spoke in the television.
The social capital and the “Community” effect in creating the public sphere.
Marius Rohde Johannessen in his study “Social media as public sphere” argues that the communication thorugh the social
media can contribute in developing the discussion and the public debate. According to him, the creation of the public
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sphere becomes easier from the “social capital” and the building of community (community building) in the social media.
These communities facilitate the communication between the individuals who have come together due to the common
interests, despite the fact that they can share different opinions for other matters which are not part of this community
creation in the social media. (Johannessen, 2013, p. 79)
The social capital is related with the connection between the individuals and the social networks and the mutual credibility
and norms that comes as a consequence. In contrast, the social capital evokes the financial and human capital dimension
but it is mainly focused in the relation between the individuals. The previous studies have discovered a direct connection
between the social capital and the usage of the social networks (Ellison, Lampe, Steinfield, & Vitak, 2011, p. 128)
(Stutzman, Vitak, Ellison, Gray, & Lampe, 2012, p. 330). The social networks give the opportunity to the individuals to
maintain some connections that in reality might be weak and in the “offline” reality would be quite impossible to hold and
manage. For example, Facebook gives the opportunity to the individuals to communicate and interact virtually with “the
friends of the friends”, by expanding in this way their communication network
It is important to mention that the social capital is very complex to be measured. In most of the cases the measurement or
assessment of the social capital is related with the level of credibility the involved institutions or individuals have in the
public sphere. At the same time, exists a proportional report between the social capital and the participation in the context
of the public sphere. The high level of the social capital serves to increase the participation or the e-participation as in the
case of the social media and the high level of participation produces more social capital. (Johannessen, 2013, p. 99).
The theory of e-participation is the one that bounds the networked public sphere with the social media. In one report from
the United Nations Organization in 2010 for “e-government” emphasize the importance that the e-participation has in all its
aspects: e-information, e-consulting and e-decision. This report assess the way how the governments interact with their
individuals using the blogs, SMS, and social media like Twitter and Facebook. According to the same report, web 2,0 and
the social media have created a new environment where the public institutions can create a better interactive connection
with the public. (Pereira, Rocha, & Popli, 2012, p. 492)
The necessity to reinforce the social capital and the necessity to communicate within the community are two main reasons
that stimulate the users of the social media to build what is called the dimension of the public sphere in the social media.
The users of the social media are likely encouraged to express freely their thoughts and opinions in a virtual community
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stimulating in this way the public debate which produces the public opinion which it in itself compounds the final product of
the communicating process within the public sphere.
Figure 1. Christian Fuchs Model

Social Media’s shades as a new public sphere in the Albanian reality.
In most of the cases, the studies related with the creation of the public sphere refers to the post-communist era which
begins with the falling of the dictatorial regime and the beginning of the political pluralism in 1991. If we follow the Habermas
concept on the public sphere as a space where is formed the opinion public, then it is very difficult to speak for a real public
sphere in the communist era. The freedom of speech,- the freedom of the press are basic concepts that in case they are
missing we can not discuss for having a public space or public sphere. After the falling of communism, the Albanians started
to express freely their thoughts and opinions related to the social and political development and the important factors
included in these developments.
The arousing of the free press, create the opportunity to speak up the critical thinking. The scholar Artan Fuga describes
this situation as a noisy beginning after a long public silence. He emphasizes the fact that Albanians after the fall of
communism discovered that “the other person” was not dangerous to speak to. This discovery made an important change
in the mentality of Albanian society. According to Fuga, this is the moment where the “oral taboo” of the past are broken
and is surpassed the border of the “allowed discussion” (Fuga, 2008, p. 20).
On the other hand, the scholar and sociologist Fatos Tarifa sees that after the 1990 begins to create a liberal and modernise
public sphere. The free exchange of the ideas and opinions accompanied with a wider space to publish these new ideas in
the uncensored press has created a better normal process to shape the public opinion. Tarifa notices that creating a liberal
public sphere, informal and discoursive aroused in the higher level the interest of the Albanians for the public cases.
According to him, Albania and other neighbor countries which suffered the post-communism era share similiarities in
creating the public sphere with the same public sphere created in Europe during the 18 and 19 century. The new public
sphere created a space for forming the autonomus organization acting together as one group which made the essence of
the civil society (Tarifa, 2014, p. 48)
Starting from the fact that the liberal public sphere in Albanian is smiliar to the one created in Europe in the 18 and 19
century, shows that the Albanian society has made no progress in the past and it is necessary to implement a fast rhythm
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to recuperate the lost time. It took many centuries to the Europe to transform the civilized society into a bourgeois system
(Kabo, 2006, p. 236). In Albania, there was no such patience to wait for such a long time, so the development in the
communication and the public sphere was in its higher rhythms. Even why this anticipation brought in itself a lower quality
during the transformation period, the development of the Medias and the communication spaces were hand in hand. At the
beginning, the Albanians were eager to be informed from new and “free” sources. They have just gone through a big
isolation and the necessity to be informed without censure and to express themselves in the same way was the major
characteristic in those years after the communism era. This big appetite of the Albanian society served as the prefect
environment where a large number of media will arouse. Starting from the first opposition newspaper“Rilindja Demokratike”
on January 4, 1991, with the creation of the first private televisions like “Tv Sijak” and later with “Tv Klan” in 1997. With the
passing of the years, to the list of the television were added numerous nonpublic operator which created a very liberal
picture in the world of Albanian media. In 1998 there were 31 television stations all over Albania including here local station
placed in different cities. (Fuga, 2008, p. 50). It has not passed almost one decade when to the Albanian public was
introduced the first web informative portal named “balkanweb”
The online media registered an important development regarding the public discourse. From now on we dealt with new
factors in the political communication and the public space was enlarged. In the second decade, after the political pluralism,
we encounter a huge development in the field of media and communication technology. The number of the online medias
was very high and without noticing their importance and impact, we saw the arousing of the social media with facebook in
2004 and twitter in 2006. The Albanian again hurried to try the benefits that these new Medias brought. In a very short time
the number of the users who used the social network counted “hundred & thousand”. Taking into consideration such
situation we have a reposition of the public discussion. Nowdays the politicians and the other public actors have understood
the benefits offered from “cyberspace” which added to the public discourse the “virtual” element. From a fast observation
made in the social media results that the official profiles and pages of the politicians are the ones which are the most
followed. They use these new spaces to communicate with the public, voters, followers and groups of interest.
Table 1 The statistic data of the four politician profiles most followed in Facebook.
Politician Nb. of followers
Sali Berisha 991056
Edi Rama 879247
Lulzim Basha 546990
Erion Veliaj 245480
In the same way, the political campaigns are transferred from gathering grouping in the squares toward question-answer
sessions in Facebook, Twitter and Youtube. Lulëzim Basha campaign in 2011 for the local election in Tirana was based in
the social media. He built a successful campaign in Facebook achieved to engage a considerable audience from the young
users who used such networking.
The main important items of the program were released in Facebook and a particular team analysed the numerous
comments and questions that were made in the democratic candidate profile. In this way, they build an effective interaction
communication with the active individuals in this network
This new style of communication and the effective usage of the social media can’t be considered as Albanian invention. In
politics similar to the many other fields, the model to be followed is taken from United States of America. The campaign of
the president Barack Obama in 2008, srved as a model and showed the importance of using the social media for building
a public communication with an audience who had changed its address from that of the squares to the computers and
“smarphone”. The studies shows that the social network has rised the participation in the political debate and consequently
the political process, because through them is lowered the cost of the political information and the infrastructure to share
this information with the others is facilited in its highest level (information share). (Johnson, Zhang, Bichard, & Seltzer,
2011, p. 191)
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Conclusion
If we compare the countinous increasing number of the users in the social networks around the world with the countinous
declining of the newspaper circulation or the traditional media audience in general, it is clear that now we are living in a
new era of information and communication. The social media and in general the virtual sphere is drawing more and more
people, which on the other hand has a direct impact on their behavior in the non virtual reality. The communication of the
political messages is now communicated mainly through virtual environment. This new trend seems for the moment to be
satisfactory for both parties, the one who is producing this information and on the other side the consumer of this information
(its user). Thanks to the social media the borders between the provider of the information and the consumer of this
information are completely invisible. Meanwhile, on the other hand, this new phenomenon has made the communication
more democratical by empowering the simple people who were very passive in the past. The Albanian reality shows that
the politic and public discourse is taking place in a virtual environment. But it is important to emphasize that the later studies
should be concentrated in studing the possible negative effects of this transformation.
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[12] Shirky, C. (2011, January). The political power os social media. Foreign Affairs, pp. 1-9.
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Challenges of Self-Management Techniques in Providing Better Classroom Settings
Sadullah Yılmaz
European University of Tirana (UET)
Tirana/ Albania
yilmazsadullah@gmail.com
Abstract
One of the key elements in having an effective teaching and learning atmosphere goes through classroom management that
has gone through series of innovations, from animal leathers used to store data, cave walls used for talents and other purposes;
to the alleged digital age, with digital tablets, touchpads, smart boards, special schools with utmost utilities serving both
teachers and students spreading all over the world. Moreover, internet oriented education is widening the concept of school to
anywhere, anytime. Nevertheless, different needs brought different approaches and strategies to solve the problems of
classroom management. The 21st century self-management techniques require quite complex approaches. In today`s world
technological devices are part of everyday life as our needs brought us to overcome difficulties as well as making life easier.
We started education on clay tablets, and had blackboards, then white boards, and now we are getting back to tablets, but this
time multitasking digital ones. Smart boards, labs, and multimedia rooms are now serving educational purposes. Thus, in this
article, together with aforementioned innovations, it is aimed to present some better ways that may help overcome today`s
challenges of classroom management in terms of self-management techniques. The set of 10 principles suggested by Thomas
J. Zirpoli is dredged up to shed light on the issue or help instructors to develop their own techniques within the process of
classroom management. The vitality of students` study skills and secure attachment are perceived in regard with redemption
of overwhelming challenges of self-management techniques.
Keywords: self-management techniques, effective teaching, challenges, classroom management
1. INTRODUCTION
Students facing the teacher in a class, waiting for instructions, and being taught new subjects is quite a burden on teacher`s
shoulders as each individual requires different approaches to their inner worlds of comprehension. There are no two people
in the world that have exactly same values of interest, or sharing same characteristic traits. Thus, motivating different people
around the same purposes or set goals is quite a difficult task for instructors, educators, especially the ones that are willing
to educate students for a better future in terms of a better university, and a better or satisfying job which requires a long
term plan of diligent hard work. The followings are some of the headings that can be applied in order to reach a healthier
classroom management suggested by Thomas J. Zirpoli:
“(1) Provide Appropriate Supervision, (2) Provide Appropriate Structure and Routines, (3) Model Appropriate Behavior, (4)
Reinforce Appropriate Behavior, (5) Provide Predictable and Consistent Discipline, (6) Avoid Looking for Biological Causes
of Behavior, (7) Be A Teacher, Not A Friend, (8) Let Students Know You Like Them & Are Interested In Their Interests, (9)
Have Fun! (10) Be Consistent.” (Zirpoli, T. J. 2008).
Based on the above mentioned techniques details on management techniques are presented throughout the study with an
emphasis on consistency management technique, the tenth approach, as consistency would also cover the other
techniques by playing the most crucial role in classroom management.
Sating importance of consistency, one should also mention the key roles of enhancing study skills and providing secure
settings for students in order to reach the best fruitful atmosphere of classroom management as to reduce maladaptive
behavior on both student and instructor side. One of the key elements in having students obtain correct study skills in this
regard is critical thinking, suggested by Aslan, M. (2014) as students from a mediocre high school in Albania mostly
responded positively when asked about the importance of hardworking as to preserve self-esteem while being asked
questions by the instructors in terms of readiness which would help in a positive way for classroom management (Aslan,
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M. 2014). Having individuals equipped with necessary skills to conduct research, enhance and transform information, think
critically and reflectively, and make higher order decisions in this competitive world is vital for the survival of the societies
as well (Duran, et. al, 2012).
Secure settings, considering reduction of management problems, could buffer interactions between students, peers and
instructors; “The surroundings and facilities of a school shouldn`t be separate from the idea of safety as academic
achievement is correlated with students` sense of safety in regard with feeling comfortable to receive information, otherwise
his or her receptions will be closed to outer inputs” (Aslan, M. 2014). Findings by other researchers also indicate the
correlation between sense of safety and academic achievement (Bryan et. al, 2012).
2. LITERATURE REVIEW
Literature on the issue mostly, suggests that greater measures are needed to be taken by effective classroom managers
in order to prevent misbehavior from happening (Emmer, Evertson, & Anderson, 1980) and maintenance of such measures
should be emphasized before and during the first days of the school year (Wong & Wong, 2009), and (Broome, 2013).
Thus; if a measure is to be taken for classroom management it should be from the beginning and consistent in its
application. Consistency plays a key role in self-management techniques as its significance is emphatically accepted by
almost all researchers in the field. The principles should be set by the instructors at the very beginning of educational year
and they should be well explained to students in order to avoid confusion. The principles should not be complex, rather
simple both in language and practice. Garrett (2013) suggests that we set four to six simple rules by helping Students`
comprehension which should be one of our top priorities, more importantly rules should be internalized by students as well.
If possible, some rules can be defined or even set by students themselves. Wong H., Wong R., Rogers & Brooks (2012)
mention about such procedures.
Teacher-student relationship can be enhanced by using two independent characteristics of teacher behavior which are
named by Wubbels, Brekelmans, Brok and Tartwijk (2006a) & Wubbles (2011) as “control and affiliation”. Positive
reinforcement both in enhancing expected behavior and in providing secure heavens for students is also majorly handled
by majority of the literature on self-management techniques. Positive Behavior Support model suggested by Ihlo & Nantais
(2010) as an intervention to promote prevention oriented positive environment indicated by Roskos, et. al (2012) are
proposing valuable data on the 4th principle of Zirpoli, T. J. (2008) suggesting to “Reinforce Appropriate Behavior”.
As stated earlier most of the literature mostly explicitly and sometimes implicitly refer to the significance of consistency in
applying previously set principles. Among many, Lewis, Powers, Kelk, & Newcomer, (2002) & Roskos, et. al, (2012) refer
to importance of establishing stabilize procedures and routines through small, yet well-defined set of expectations.
Scanted literature on self-management techniques for classroom management is perceived to provide and support data on
principles suggested by Zirpoli, T. J. (2008), on the other hand consistency as the last principle is given the key role. Study
skills providing critical thinking and secure attachment are other elements having impact on management skills.
The article aims to provide valuable contribution to hitherto mentioned principles by other researchers, however it`s different
from others by emphasizing the principles through consistency, study skills (especially critical thinking) and secure
attachment of students in regard with school, peers and teachers as to help instructors to build their own principles or utilize
the principles set by other researchers in the most possible efficient way. However, it`s important to mention that the article
is mostly based on theoretical framework of Zirpoli, T. J. (2008) as the key model for self-management techniques in
overcoming challenges of classroom settings in terms of self-efficacy as an instructor who holds the key role in education
and its all components.
3. METHODOLOGY
The study is mostly based on analysis of 10 principles presented by Thomas J. Zirpoli as the primary source from his work
called “Behavior Management: Applications for Teachers” to determine best possible solutions for instructors as well as to
help them find their own way of classroom management technique. Secondary data analysis is also conducted through
other articles written on the same issue. A partial data analysis obtained from a questionnaire (Aslan, M. 2014) on school
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bonding implemented to a high school in Albania is also reflected in regard with challenges and self-management
techniques.
Followings are main suggested principles for self-management techniques in classroom management;
a. Provide Appropriate Supervision
Students being observed throughout the lesson may indicate better performance, however the ones that are supervised
even in their daily lives would perform much better performances in terms of being planned as in what to do, when to do,
and how to do. Wong H., Wong R., Rogers & Brooks (2012) also mention that students feel more secure when they know
what will happen on daily basis as to make sure students have their days planned and sure of being supervised; On the
other hand procedures are required to execute such measures; “There are procedures that help students organize their
day” (Wong, et. al, 2012) suggesting supportive viewpoints on the first principle given by Zirpoli, T. J. (2008).
b. Provide Appropriate Structure and Routines
On daily basis, students need to know the things they have to do in completing their daily learning or knowledge gaining
process. Teacher should provide some principles and routines that will help students avoid distraction. For example daily
assignment checks should be done via check lists in an orderly fashion which will also help the teacher to have a reliable
collected data on student`s improvement. At this point it`s worth to mention Garret`s (2013) suggestions on creating four to
six classroom rules as to emphasize simplicity, yet firmed patterns; “• Create four to six classroom rules that clearly specify
appropriate behavior • Consider Involving the students in the generation of the rules. • Write the rules using positive
language. • Post and refer to classroom rules as necessary. • Develop routines to provide direction about how different
classroom tasks are accomplished. • Teach and demonstrate classroom rules and routines as specifically as you do
academic content” (Garrett, 2013). As observed providing such patterns also requires learner-teacher interaction as to have
the rules accepted and comprehended by students.
c. Model Appropriate Behavior
Role modeling is also essential in having students reflect the expected behavior as their personality and characters get
shaped by what they observe from their parents and teachers. As instructors, we don`t only teach, we also help children
find their identities, their true selves both materially and spiritually as stated by Aslan, Mehmet (2014) in his article on
spirituality and identity. Children turn into what we put in front of them; if they have good role models in front of them, only
then they can manage to build strong characteristic traits. As described by Wubbels, Brekelmans, Brok and Tartwijk (2006a)
& Wubbels, (2011) mapping teacher-student relationship can be achieved by two independent characteristics of teacher
behavior; “control and affiliation”.
d. Reinforce Appropriate Behavior
Reinforcing positive behavior is also an essential element in canalizing students` behavior into the positive learning.
Students should see that their positive behavior is valued by the teacher so that he\she can reflect the same behavior when
needed; otherwise the behavior would diminish throughout time. This principle gained momentum Ihlo & Nantais (2010) as
a new direction of Positive Behavior Support model in a multitier system of intervention, thus promoting positive environment
through prevention which involves universal support that have been successful in the past (Roskos, et. al, 2012).
e. Provide Predictable and Consistent Discipline
Teachers should provide predictable and consistent discipline. In order to gain trust and fairness among students, the rules
and guidelines should be clear and perceivable. Once the rules are explained though rational reasons their consequences
should also be given as to avoid misunderstandings on both student and teacher side.
f. Avoid Looking for Biological Causes of Behavior
When encountered with unwanted behavior, biological reasons such as tantrums behind the behavior shouldn`t veil the
real reason behind it. A good teacher should be able to see beyond the matters when needed. Sometimes normally well-
mannered students may reflect negative behavior which could be given a logical explanation by the student when given
the chance of expressing himself\herself.
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g. Be A Teacher, Not A Friend

The relation between teacher and students shouldn’t trespass the red lines which is quite vital in keeping the balance as it
may cause loss of control and make the whole process of hard work going astray. On the other hand, it is important that a
teacher keeps a good relation with his\her students.
h. Let Students Know You Like Them & Are Interested In Their Interests
While being able to keep the distance between the teacher and student, teacher should also be able to show his\her interest
in students’ hobbies or areas of fun. They might be able to make some little jokes to each other, and talk about things out
of lesson. On the other hand, students’ being in the same class with different backgrounds is itself a mixture as no two
students are alike. Each individual has his/her own traits, especially when it comes to teaching where differences are to
lessened or at least blurred in order to put emphasis on unity and reach every person in the class. Thus, differences are to
be reflected as variants of values.
i. Have Fun!
While trying on heavy burdens of teaching and learning processes both teachers and students may spare some time for
fun, more importantly the lesson shouldn`t be given in a very serious, mundane way as it would cause boredom. There can
be little breaks of entertainment and lesson process should be provided together with fun, in other words, students should
learn through fun activities.
j. Be Consistent
Among above mentioned techniques the most inclusive one that also covers the other techniques in a way is being
consistent in whatever discipline, rules, or guidelines are being followed. If students are well aware of the fact that their
teachers are following some principles persistently, they will eventually start to indicate positive behavior no matter what
obstacles they face during the process of educational activities. Deliberate establishment of the procedures and routines
Lewis, Powers, Kelk, & Newcomer, (2002) (like quizzes and exams) within the first few weeks of school would stabilize
expectations as well when teachers adhere to a small set of well-defined expectations (e.g., “Be respectful; be responsible;
be a problem solver”) which would also provide reinforcement protocols when expectations are met as well as rapid
application of stated consequences when expectations are not met (Roskos, et. al, 2012).
4. SIGNIFICANCE OF STUDY SKILLS AND SECURE ATTACHMENT

Study conducted through a questionnaire by Aslan, Mehmet (2014) indicates that students from different regions of Albania
that have to live in an educational institution, not only for school time but also for after school times to perform extracurricular
activities as some students in Albania have to live in dormitories, experience different problems and face many factors that
shape their identities and help them develop different characteristic traits. The study is vital in understanding the correlation
between study skills, secure attachment and self-management techniques within class settings as the factors that increase
school attachment, like modern facilities, friendly atmosphere; teacher friendly orientations, family support etc. are
investigated. The study is quite vital in its field as educational success is correlated with school bonding, thus students`
achievements are also investigated and findings are reflected through case studies as well. This pilot study also provide
samples for future studies on students` dormitory lives, their interactions with peers and teachers when provided more data
from other schools in Albania as to obtain more generalized and comparable data on the issue.
Following two tables indicate the interrelation between study skills, secure attachment and self-management techniques
that are obtained from the survey analysis in an Albanian high school which is important in having an idea on the Albanian
students` characteristic traits;
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4. I don’t feel safe in my school.
Strongly Disagree 41 43%

Disagree 30 32%
Neutral 11 12%
Agree 9 9%
Strongly Agree 4 4%
School safety is one of the essential components in relation with students’ feelings of bonding with school as in having a
secure setting of being sure of any sort of thread that may affect their performances. This vital survey question reflects high
scale of safety among students as the question is negatively asked the results indicate negative responses with positive
meaning. 43+32=75% of students don`t feel insecure at school. 12% being neutral leaves only 13% of positive responses
with negative meaning. However, 13% is also worth to mention as even lower scales of insecurity should be considered
seriously.
7. I care if my homework is done

correctly.
Strongly Disagree 1 1%
Disagree 1 1%
Neutral 14 15%
Agree 38 40%
Strongly Agree 41 43%
The word `correctly` plays an essential role in understanding students responses as doing homework is considered to be
an essential element in learning, but having it done correctly is more vital in measuring students interest in giving importance
to do the homework with its requirements as well as having an idea on students critical thinking in terms of study skills.
43+40% of the students agree that doing the homework correctly is important, on the other hand 17% being out of positive
responses raises a warning in reconsidering students` perception.
5. CONCLUSION
The search for unknown throughout history brought us to the interrelation between school, teacher, and students; as it has
always been a need for human beings to quench their thirst for learning more and more. However, environmental issues,
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different talents, variety of the goals, methodologies used in teaching or learning, and most importantly technology are
some of the factors that determine the level of teaching and learning on each individual. Thus providing sustainable,
maintainable principles and following them in order to achieve success is quite vital on both teacher and student side.
The study also suggests that there is a correlation between study skills, secure attachment as to obtain efficient self-
management techniques. Principles may vary from instructor to instructor, but consistency and simplicity of the principles
have great impact in realizing expected behavior by students as to reach satisfactory results in terms of learning and
character development.
REFERENCES
[1] Aslan, M. (2014). Analysis of School Attachment among Students of a Boarding High School in Albania. Journal of
Educational and Social Research,4(2), 287.
[2] Aslan, M. (2014). The Crisis and Spiritual Identity from a Humanistic Approach. Mediterranean Journal of Social
Sciences, 5(22), 464.
[3] Broome, J. (2013). A Case Study in Classroom Management and School Involvement: Designing an Art Room for
Effective Learning. Art Education, 66(3), 39-46.
[4] Bryan, J., Moore-Thomas, C., Gaenzle, S., Kim, J., Lin, C.-H. and Na, G. (2012), The Effects of School Bonding on
High School Seniors’ Academic Achievement. Journal of Counseling & Development, 90: 467–480. doi:
10.1002/j.1556-6676.2012.00058.x
[5] Duran, M. & Sendag, S. (2012) A Preliminary Investigation into Critical Thinking Skills of Urban High School
Students: Role of an IT/STEM Program, Creative Education 2012. Vol.3, No.2, 241-250 Published Online April 2012
in SciRes (http://www.SciRP.org/journal/ce).
[6] Emmer, E. T., Evertson, C. M., & Anderson, L. M. (1980). Effective classroom management at the beginning of the
school year. The Elementary School Journal, 80(5), 219-231.
[7] Garrett, t. (2013). Classroom Management: It's More Than a Bag of Tricks. Education Digest, 78(9), 45-49.
[8] Ihlo, T., & Nantais, M. (2010). Evidence-based interventions within a mutli-tier framework for positive behavioral
supports. In T.A. Glover & S. Vaughn (Eds.), The promise of response to intervention (pp. 239–266). New York:
Guilford.
[9] Roskos, K., & Neuman, S. (2012). Classroom Management For Achieving Readers. Reading Teacher, 65(5), 308-
312.
[10] Wong, H., Wong, R., Rogers, K., & Brooks, A. (2012). Managing Your Classroom for Success. Science & Children,
49(9), 60-64.
[11] Wong, H. K., & Wong, R. T. (2009). The first days of school: How to be an effective teacher. Mountain View, CA:
Harry K. Wong.
[12] Wubbels, T. (2011). An international perspective on classroom management: what should prospective teachers
learn?. Teaching Education, 22(2), 113-131.
[13] Wubbels, Th., Brekelmans, M., Brok, P. den, & Tartwijk, J. van. (2006a). An interpersonal perspective on classroom
management in secondary classrooms in the Netherlands. In C.M. Evertson & C.S. Weinstein (Eds.), Handbook of
classroom management: Research, practice, and contemporary issues, (pp. 1161–1192). Mahwah: Lawrence
Erlbaum Associates.
[14] Zirpoli, T. J. (2008). Behavior management: Applications for teachers. Prentice Hall.
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Students’ Educational and Occupational Aspirations Predicted by Parents’ and

Adolescents’ Characteristics
Ana UKA
PhD Candidate, Clemson University, South Carolina, USA
Lecturer, “Hena e Plote” - Beder University, Tirana, Albania
auka@g.clemson.edu
auka@beder.edu.al
Abstract
Education plays a significant role in the future of young people. Education is considered as an essential tool that facilitates
the decision making process on one’s future career. The objectives of this study were to examine whether there are gender
differences on students’ educational and occupational aspirations as well as whether parents’ and young’s characteristics
predicted students’ educational and occupational aspirations during their high school studies. The survey was completed by
N=160 where (N=64, 40%) were male and (N=96, 60%) were female students studying in private and public high schools in
Tirana and Elbasan known as main cities of Albania. Scale reliability was measured which showed that Cronbach’s alpha
coefficient is .962. By using a T-test analysis, the results showed that males were not significantly different from females on
educational and occupational aspirations (p=.88). Multiple regression analysis was conducted to determine the best linear
combination of gender, age, parents’ educational level, and parents’ occupational level for predicting students’ educational
and occupational aspirations. Results showed that the combination of these variables did not significantly contribute to the
prediction of students’ educational and occupational aspirations, F(4,142)=1.09, p=.36. Among all variables entered in the
analysis, it was found that only parental educational level almost significantly contributed to the prediction where p=.056. It is
recommended that more research need to be done to explore the impact of other family and child characteristics on students’
educational and occupational aspirations.
Keywords: education, occupation, aspiration, parents, age, gender, adolescent
INTRODUCTION
Nowadays, education plays a significant role in the future plans of young people. Higher levels of education have been
associated with a higher prestigious profession, higher income and higher standard of living. Especially a prestigious
profession has become a trend in contemporary societies. A variety of studies claim that there are many factors that
influence adolescents’ education and their tendencies to choose a desired profession. Adolescence is a critical period when
teenagers are faced with so many options where they have to make their own decision about their future. Through
educational processes adolescents gain necessary skills and competencies to decide for their educational and occupational
aspirations.
Aspiration is a multifactor concept that can be defined as something from abstract wishes and dreams to the realization of
plans and expectations. Aspiration means a great desire to accomplish something high. According to Sirin et al. (2004),
aspirations have been defined as the educational and vocational dreams that students have for their future. According to
Hurlock (1973), aspiration means a longing for what one has achieved with advancement on it up to the end. Aspirations
begin to be shaped in children’s early years of life, but they can change depending on the environment and experience.
Aspirations have a tendency to decline as children mature in response to their growing by understanding of the world and
constraints obligated by earlier decisions and achievements (Mau, 1995). This decline is mainly obvious for those, who
face many barriers.
Children see their parents as a great source in shaping their educational and occupational aspirations. The Expectancy-
Value Model of Eccles (1993) considers parents as role models, sources of reinforcement, and providers of information,
resources, and opportunities for their children. Research shows that parents play a crucial role in the education of their
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children and in shaping their educational and occupational aspirations. A great emphasis is given to the role of parents in
transmitting their self-perceptions to their children’s core ideas and mentality in shaping their future career. Parents serve
as role models in shaping children’s perceptions for their future in terms of their education and profession. According to the
developmental theory of Super (1990), family greatly influences the way how children develop their self-concept and career
maturity. Other studies also indicate that there is a close relationship between parents’ perceptions on their children’s
academic achievement and adolescents’ self-concepts of such achievements (Alexander, Entwisle & Bedinger, 1994; and
Eccles & Harold, 1991). Halle and his colleagues claim that: “Parents’ expectations for their children’s eventual educational
attainment have been related to children’s own educational expectations and self-concepts, as well as to their actual
academic performance” (Halle, Kurtz-Costes, & Mahoney, 1997; Phillips, 1987).
The objectives of this study were to examine whether there are gender differences on students’ educational and
occupational aspirations as well as whether parents’ and young’s characteristics predicted students’ educational and
occupational aspirations during their high school studies. The research questions included in this study are as following:
1) Are there gender differences on students’ educational and occupational aspirations? 2) What is the relationship between
parents’ characteristics and the adolescents’ educational and occupational aspirations? 3) What is the relationship between
adolescents’ characteristics and their educational and occupational aspirations?
The hypotheses are as following: 1) There are significant gender differences on students’ educational and occupational
aspirations; 2) There is a significant relationship between parents’ characteristics and the adolescents’ educational and
occupational aspirations; 3) There is a significant relationship between adolescents’ characteristics and their educational
and occupational aspirations.
2. LITERATURE REVIEW
2.1. The Influence of Parental Characteristics on Adolescents’ Aspirations
Aspirations have a variety of theoretical perspectives on their development and their influence on adolescent’s
perspectives. According to Strand and Winston (2008) there are two broad groups of factors that may affect aspirations in
the first place: social dimensions and personal dimensions. The social dimensions focus on family background and
resources and the second dimension focuses on the child’s characteristics. According to social dimension, the level of
education achieved by one’s parents has been shown to be an essential indicator of educational perspective. Some studies
show that parents with lower incomes and lower levels of education may perceive education beyond compulsory level to
be beyond their reach and therefore reduce their aspirations (Sewell & Hauser 1980; and Teachman 1987).
Research shows that parents play a crucial role in the education of their children and in shaping their educational and
occupational aspirations (Croll 2008; Halle, Kurtz-Costes, & Mahoney, 1997; Wentzel 1998). A great emphasis is given to
the role of parents in transmitting their self-perceptions to their children’s core ideas and mentality in shaping their future
career. The Expectancy-Value Model of Eccles (1993) considers parents as role models, sources of reinforcement, and
providers of information, resources, and opportunities for their children. Additionally, children see their parents as a great
source in shaping their perceptions for their future education and profession and in conceptualization of their educational
and occupational aspirations. According to the developmental theory of Super (1990), family greatly influences the way
how children develop their self-concept and career maturity. Croll (2008) claims that parental education, social class, and
income, all approximating parental socio-economic status (SES), strongly influence young people's career dreams.
Parenting practices, their beliefs, goals, and expectations about their children greatly influence adolescents’ educational
and occupational aspirations.
Wentzel (1998) claims that parental achievement values, expectations for their children’s academic achievement, and
parental efficacy were independent positive predictors of parents’ aspirations for their children. Other studies also indicate
that there is a close relationship between parents’ perceptions on their children’s academic achievement and adolescents’
self-concepts of such achievements (Alexander & Entwisle, 1988; Eccles, 1991).
Several studies show that parents’ expectations for their children’s eventual educational attainment and parental
involvement have been related to children’s own educational expectations and self-concepts, as well as to their actual
academic performance (Halle, Kurtz-Costes, & Mahoney, 1997; Phillips, 1987). Thus, research highlights the fact that
208
parents’ engagement in their children’s education also signify big influences on children’s educational aspirations,
consequently more involved parents have children with higher educational aspirations (Astone & McLanahan, 1991; Kao
& Tienda, 1998; Schneider & Stevenson, 1999).
2.2. The Influence of Adolescents’ Characteristics on Aspirations

Adolescence is a critical period in terms of many transitions and developments that occur in one’s life. According to Bandura
and his colleagues, that is a period when adolescents among many other changes that occur rapidly in their life, they also
start developing aspirations about their future which is related with positive features and outcomes, including self-efficacy
and value-expectancy beliefs (Frome, Alfeld, Eccles, & Barber, 2006). Developmental theory is one among many other
theories which analyzes and explains aspirations. The crystallization of aspirations during adolescence and the impact of
aspirations on career achievement pursue developmental stages that attempt to match one’s occupational self-concept
with suitable occupations (Gottfredson, 1996; Gottfredson & Becker, 1981). Analysis and reflection about developmental
nature of educational and occupational aspirations are important for several reasons. They are essential in assuring a
better theoretical grasp of the role that aspirations have in determining career-related decisions made in the future by
adolescents. Knowing about developmental trajectory in adolescence and what mostly influences youth, is seen as crucial
for choosing the right occupational field.
Another theory which supports the importance of choice in educational aspirations is rational action theory. According to
this theory, it is argued that the educational decisions made by young people are based on logical assessment of the
educational options available to them, their costs and benefits, and perceived probability for development and success
(Breen & Goldthorpe 1997; and Goldthorpe 2000). Understanding and analyzing how the students’ aspirations are related
to their personality, interests, achievement, and socio-cultural factors is crucial in making clear how educational aspirations
result in different educational outcomes.
As previously mentioned, another group of factors that may affect adolescents’ aspirations in the first place are personal
dimensions (Strand & Winston, 2008). The personal dimensions focus on students’ perceptions of their own attributes.
What are seen as key terms in here are: psychological health and self-esteem. Aspirations for an adolescent are the main
source of motivation and progress. They reflect what someone would like to achieve rather than what they think they will
achieve. Research also shows that there is a significant correlation between high motivation, excess energy and high
aspirations (Sewell & Hauser 1980; and Teachman 1987).
According to Gottfredson (1981, 2005), children develop their occupational aspirations through a process of circumscription
and compromise in regard to their interests, social status, perceived skills and gender. As children grow into adolescents,
their personal identities and external environment shape their occupational aspirations. During adolescence, there is a
developmental path of being involved in the construction of a vocational identity to reaching an achieved one (Skorikov &
Vondracek, 2007). Findings of a study show that adolescents who are committed to a career path are more likely to show
positive adjustment and wellbeing (Hirschi, Niles & Akos 2011). Many studies show that high school students all over the
world are usually faced with a dilemma in making a career choice decision in their lives (Bandura, Barbaranelli, Caprara &
Pastorelli 2001; Issa & Nwalo 2008; Watson, McMahon, Foxcroft & Els 2010). Super (1969), indicated that adolescents
are in a crucial stage of "exploring" and "crystallizing" their occupational options. Decisions made in this stage of life are
crucial for upcoming years in the future. According to American School Counselor Association students have competence
in career decision making (ASCA, 1997). Since students find it difficult to make the right decision about their career, they
need the assistance of the school counselor to facilitate this process. One of the school counselors’ roles is to inform
students properly by influencing positively with their guidance to help them accomplish the mission of enhancing student
choices.
Another fundamental factor that affects students’ occupational and educational aspirations is their academic achievement.
Students with high academic achievement generally show high educational attainment (Sewell & Hauser, 1980). These
students are seen as highly motivated about their future education and occupation.
209
3. METHODS
3.1. Sampling and procedure
This study was conducted to provide a broader understanding of how different factors may influence adolescents’
educational and occupational aspirations. As shown in Table 1, a total of 160 high school students where (N=64, 40%)
were male and (N=96, 60%) were female participated in this study.
Table 1
Distribution Categories by Gender
Distribution Frequency Percent
Male 64 40
Female 96 60
Total 160 100.0
The questionnaires were distributed to the students of three private (N=80, 50%) and three public (N=80, 50%) high schools
in two main cities of Albania: Tirana and Elbasan. Participants were from 10th (N = 37, 23.1%), 11th (N=63, 39.4%), and
12th (N=60, 37.5%) grades as shown in Table 2.
Table 2
Distribution Categories by Grades
Distribution Frequency Percent
10 37 23.1
11 63 39.4
12 60 37.5
Total 160 100.0
Prior to the application of the questionnaire, the students were provided brief information about the aim of the study, they
were assured confidentiality and they were thanked about their willingness to participate in this study. They were also told
that they can terminate their participation at any time. The survey took about 20 minutes to be completed during after school
time in a classroom environment.
3.2. Measurement tool

A close-ended survey was used to obtain information about the family background, students’ characteristics and
educational and occupational aspirations of the students. The items of this survey were forced choice and a five-point Likert
type scale (from 1=“strongly agree” to 5 =“strongly disagree”) was used to measure the respondent’s level of agreement
with the statements related to educational and occupational aspirations. The statements included in the questionnaire were
clearly stated and aimed at obtaining the needed information about the students’ opinion related to educational and
occupational aspirations. The questionnaire consisted of two parts where the first part included demographic information
related items and the second part consisted of 28 items about students’ educational and occupational aspirations.
210
3.3. Scale reliability

For the internal consistency and reliability, Cronbach’s alpha was measured, which is a method of estimating internal
reliability. As shown in Table 3, Cronbach’s alpha coefficient is 0.960 for all the items. Cronbach’s alpha coefficient shows
that the scale has a high reliability.
Table 3
Scale reliability
Reliability Statistics
Cronbach's
Alpha N of Items
.960 28
3.4. Measures
Educational and occupational aspirations. Educational and occupational aspirations is an important variable predicted by
academic achievement. It is considered as a crucial component in academic achievement motivation. Occupational
aspirations are the thoughts and goals that students form for their future occupation. Education and occupation oriented
aspirations were measured with a close-ended questionnaire including items that measure educational aspirations such
as: “I would like to pursue a Master’s degree or a PhD” and “Education is very important for my future life” and other items
measuring occupational aspirations such as: “I strongly believe in my career success in the future” and “It is important to
me that I work in a job that my parents approve of.” The answers ranged (from 1=“strongly agree” to 5=“strongly disagree”).
Parental characteristics. Parents are considered as fundamental in children’s perceptions of their educational and
occupational aspirations. Parental educational level has an impact on children’s aspirations. Johnson et al. (1983) found
that mothers’ and fathers’ educational level and fathers’ occupational status were positively related to their children’s
adulthood occupational status. There are positive relations between parents’ levels of education and parents’ expectations
for their children’s success (Davis-Kean, 2005). Parental educational level was measured by asking the students about
their mothers’ and fathers’ educational level through these options: 1. High school diploma, 2. University bachelor’s degree,
3. Master’s degree, 4. PHD. Mothers’ and fathers’ occupation as well may influence children’s aspirations. Parents with
prestigious professions may encourage their children to aspire for such professions. This information was obtained by
asking the respondents about their mothers’ and fathers’ occupation through these options: 1) Unemployed, 2) Retired, 3)
Working in public sector, 4) Working in private sector, and 5) Owning a business.
Child characteristics. Demographic information was collected including: age, gender, grade of studying, and type of school.
4. RESULTS
The data were analyzed by using SPSS 21.0 and descriptive statistics were used to describe the sample. The data were
analyzed using the independent samples T-test of SPSS for windows to compare the level of agreement of items measuring
educational and occupational aspirations, and to check if the differences between the mean values of the test variable for
one group differ significantly from the mean value of that variable for the second group with regard to gender.
The results from the T-test analysis showed that there are no significant differences between male and female students on
their educational and occupational aspirations where t=-.04, (df)=158 and p=.88.
To look at the relationship between parental and child characteristics multiple regression analysis was conducted. The aim
of using this statistical technique was to determine the best linear combination of gender, age, parents’ educational level,
and parents’ occupational level for predicting students’ educational and occupational aspirations. Results showed that the
combination of these variables did not significantly contribute to the prediction of students’ educational and occupational
211
aspirations where F(4,142)=1.09, p=.36. Among all variables entered in the analysis, it was found that only parental
educational level almost significantly contributed to the prediction where p=.056.
5. DISCUSSION AND CONCLUSIONS

This study was conducted to reveal more about the factors such as parental and child characteristics that influence
adolescents’ educational and occupational aspirations. Aspirations for an adolescent are the main source of motivation and
career development. Parents are considered an essential source in guiding and supporting their children toward their
educational and occupational aspirations.
Research shows conflicting findings with respect to gender differences especially in occupational aspirations (Patton &
Creed, 2007; and Powers & Wojtkiewicz, 2004). This study found no significant differences among male and female
students on their educational and occupational aspirations. In line with our findings, other studies also show that there are
no sex differences on students’ aspirations (Kao & Tienda, 1998). However, some findings of previous studies show that
male students aspire more about their education and career. The reason behind this may be the under-representation of
girl students in educational settings (Danziger, 1983; and Wall, Covell & MacIntyre, 1999) Contrary to this result, some
studies showed that girls aspired to higher levels of education and careers that required more education than did boys
(Howard, Carlstrom, Katz, Chew, Ray, Laine, Caulum, 2011; and Mau, 1995). Moreover, Patton and Creed (2007) found
that male high school students were more likely to aspire to professional occupations and girls to semiprofessional
occupations. Additionally, ethnic minority studies show that both males and females encounter many barriers toward their
education and career (McWhirter, 1997).
The findings of this study revealed also that parental and child characteristics did not significantly contribute to the prediction
of students’ educational and occupational aspirations. However, results showed that only parental educational level almost
significantly contributed to the prediction of students’ educational and occupational aspirations. Previous studies show that
parents from higher socioeconomic status report higher educational and occupational expectations for their children than
parents from lower socioeconomic status (Eccles, 2006; and Schoon 2010). Parental expectations may also be higher for
adolescents who do well in school, whereas they may be lower for those who have poor school performance (Mau & Bikos,
2000; and Schoon, 2010).
According to the findings of previous studies, child’s academic achievement is among the most important factors that
influence educational and occupational aspirations. Thus, students with high academic achievement generally show high
educational attainment (Sewell & Hauser, 1980). Contrary to expectations, the results showed that the relationship between
parental education level and occupation and students’ educational and occupational aspirations was not significant. Since
it is well-established in the literature that adolescents are more under the influence of the peers in many aspects, thus,
many of their developmental areas such as the development of aspirations may be under the influence of their peers as
well (Felsman & Blustein, 1999; and Kracke, 2002).
This study comes along with some limitations. Firstly, the measurement tool we used had a high reliability. However, there
could have been included a higher number of items to grasp a deeper understanding of adolescents’ educational and
occupational aspirations. Next, only self-reported questionnaires were used in this study. There could have been used
parent-reported and teacher-reported questionnaires about their role and function they have once these children start
shaping such aspirations. Lastly, since Albania is diverse in terms of the regions of the country, more schools from other
cities as well could have been included in the study.
Regarding these limitations we suggest that more research is needed to be conducted on this topic in the future. A further
investigation should be conducted to grasp a deeper understanding of the factors affecting students’ educational and
occupational aspirations, and the role of parental characteristics on students’ choices for their future career. Policymakers
of pre-university education should pay attention to both the role of the school and the family in shaping educational and
occupational aspirations of the students. Next, scholars of this field should focus in the parent–child relationship, student-
teacher relationship and peer relationship to create a better understanding on what influences students’ educational and
occupational aspirations.
212
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EUROPEAN CENTER FOR SCIENCE

EDUCATION AND RESEARCH

EUROPEAN JOURNAL OF SOCIAL SCIENCES

EUROPEAN JOURNAL OF SOCIAL SCIENCES EDUCATION AND RESEARCH

Copyright © 2015 EUSER

Prof. Dr. Catalin Zamfir, Director, ICCV, Academia Romana

Ticuţa Negreanu-Pîrjol, Ovidius” University of Constanţa, Romania

Prof. Assoc. Dr. Ahmet Ecirli,

Copyright© 2014 EUSER-European Center for Science Education and Research

ENTREPRENEURSHIP SKILLS ACQUISITION AND THE BENEFITS AMONGST THE UNDERGRADUATE

DOC. DR. QASHIF BAKIU ................................................................................................................ 67

PROF. DR. YLBER SELA ................................................................................................................... 67

DR. ERINDA PAPA ....................................................................................................................... 147

CHALLENGES OF SELF-MANAGEMENT TECHNIQUES IN PROVIDING BETTER CLASSROOM

Dr (Mrs.) Florence A. Undiyaundeye

Ekpungu Anselm Otu

The Concept of Entrepreneurship Education

The Purpose of Entrepreneurship Education

The Concept of Youth Empowerment

Challenges Facing Entrepreneurship Education and Youth Empowerment in Nigeria

- Poor plan and execution of processes of action.

Entrepreneurship Skills Creation for Undergraduate Studies

Dr Zuliza Mohd Kusrin

Associate Professor Dr Salasiah Hanin Hamjah

Associate Professor Dr Fariza Md Sham

PROVISION ON RELIGION AND ISLAM IN MALAYSIA

FATHER’S CONVERSION TO ISLAM IN MALAYSIA

MINOR’S CONVERSION TO ISLAM IN MALAYSIA

Minors Voluntarily Converts to Islam

2. Minor’s Conversion Following Their Parent’s Conversion

MUSLIM FATHER’S RIGHTS UPON HIS MINOR’S CHILD RELIGION

Antonio Vito Pasquale Boccia

Mohd Fairuz Shiratuddin

Kok Wai Wong

2.0 Research Design and Method

3.0 Validity and Reliability Tests

3.1 Exploratory Factor Analysis (EFA)

3.2 Confirmatory Factor Analysis (CFA)

3.2.1 First-order latent variables' evaluation

3.2.2 Second-order latent variable's evaluation

3.2.3 General assessment

Table 1. Instruments assessment's guide for EFA

Factors Label Web Design Instruments Adopted/adapted/newly Note

Gratit2 I want to register as a member of this website. Kim (2008)

Assessment Criterion Note Reference

Table 6. Assessment of First-Order Latent Variables

Satisfy 0.360 0.265 0.402 0.513 0.898

Table 7. Assessment of Second-Order Variables

Social Influence Type SE P value VIF WLS ES R R2 R2a

- personality characteristics (differences in constitution, particular personal features, endogenous specifics of a

The method of acquiring the data

The method of processing the data

Displaying the results and discussion

Living in the Centre

Alma Hoti, PhD Cand.

level with +0.0263, or 3.98%.

one, of the CGE with -0.0080, or 1.21%.

A brief overview of the literature.

Tijdens. (1999), The Absence of Women in the ICT-sector.

2012-7, February 20, 2012, p. 2.

2012-7, February 20, 2012, pp. 3-4.

TABLE 7: LAWS OF GEW TO BE ADOPTED BY THE LEGISLATIVE

disrespect of gender equity and ensuring protection against them.