Saturday, March 7, 2020
Natural Law and Human Rights The WritePass Journal
Natural Law and Human Rights Introduction Natural Law and Human Rights Introduction Human Rights and the Legal TheoriesGreeks Medieval PeriodRenaissance, Reformation and Counter-ReformationSecularisation of Natural LawNatural Law and Social ContractThe 1688 Bill of Rights of England and WalesThe 18th 19th Centuries: Revolutions and RightsChallenges of Universality of Human RightsPeriod after World War II and Development of International LawConclusionBibliographyRelated Introduction à Human rights have roots deep in the mists of time yet the term itself dates back barely sixty years to the international discussions preceding the founding of the United Nations. Since 1945, the scope of human rights has been elaborated and the concept now permeates the fabric of international society. Although human rights issues continue to be debated and contested, the longer history of human rights is often unexamined and even forgotten. Human rights, rather than being a 20th century phenomenon, marks both a culmination of and a transition from the Western natural law and natural rights traditions. Human rights are rights possessed by people simply as, and because they are human beings. The term has only come into common currency during the 20th century. Rights are not the same thing as standards of behaviour punishable or required by rules, which can be fundamentally unfair to individuals, or used to oppress minority interests. Human rights are rights and freedomsto which all humans are entitled. Proponents of the concept usually assert that everyone is endowed with certain entitlements merely by reason of being human. Human rights are thus conceived in a universalist and egalitarian fashion. However, there is no consensus as to the precise nature of what in particular should or should not be regarded as a human right in any of the preceding senses, and the abstract concept of human rights has been a subject of intense philosophical debate and criticism. Natural law has objective, external existence. It follows from the ESS (evolutionary stable strategy) for the use of force that is natural for humans and similar animals. The ability to make moral judgments, the capacity to know good and evil, has immediate evolutionary benefits. It evolved in the same way, for the same straightforward and uncomplicated reasons, as our ability to throw rocks accurately. Donald looks at the meaning of natural law from four perspectives. The medieval/legal definition: Natural law cannot be defined in the way that positive law is defined, and to attempt to do so plays into the hands of the enemies of freedom. Natural law is best defined by pointing at particular examples, as a biologist defines a species by pointing at a particular animal, a type specimen preserved in formalin. The historical state of nature definition: Natural law is that law which corresponds to a spontaneous order in the absence of a state and which is enforced, in the absence of better methods, by individual unorganised violence, in particular the law that historically existed, in so far as any law existed, during the dark ages among the mingled barbarians that overran the Roman Empire. The medieval / philosophical definition: Natural law is that law, which it is proper to uphold by unorganised individual violence, whether a state is present or absent, and for which, in the absence of orderly society, it is proper to punish violators by unorganized individual violence. The scientific/ socio-biological/ game theoretic/ evolutionary definition: Natural law is, or follows from, an ESS for the use of force: Conduct which violates natural law is conduct such that, if a man were to use individual unorganised violence to prevent such conduct, or, in the absence of orderly society, use individual unorganised violence to punish such conduct, then such violence would not indicate that the person using such violence, is a danger to a reasonable man. The concept of natural rights arises from the belief that there is an instinctive human ability to distinguish right from wrong. Hugo Grotius believed that people have a ââ¬Ëright reasonââ¬â¢ for doing things. Thomas Hobbes, John Locke and Immanuel Kant were supporters of natural rights theories, suggesting that we have basic fundamental rights because we are born human. Natural law thinkers see rights as universal and inalienable. Natural rights theories have been the inspiration behind ideas and democratic struggles, forcing politics to protect the rights of citizens. Natural rights theories imply that all human beings are equal and should be treated equally. The demand for equality before the law in individual states is synonymous with the development of international human rights law.It is therefore correct assertion to point out to the fact that human rights have evolved from natural rights as depicted by natural law theories. This paper will trace the changes and continuities of debates and claims about rights throughout the late medieval and early modern periods in order to explore how rights are historically asserted, justified, and defended. It will also delve into the transformation of rights, from natural to human. Human Rights and the Legal Theories The origins of international human rights lie in philosophical discussions evolved through the centuries. The theories of both Locke and Rousseau suffer from their failure to explain how the supreme right of the majority can go together with the inalienable rights of the individual. (Read the fact that legal theories fail to come down on the side of either democratic or autocratic principles of the government.) Historically, the assertion of natural rights has often been linked with a revolt against state, authority and a humanitarian belief in the equality and dignity of all men. This is true of the legal philosophy of Stoics or of Kant. (The idea of equality of men often causes democrats to be internationalists.) The history of natural law is a tale of the search of mankind for absolute justice and of its failure. Again and again, in its course of the last 2500 years, the idea of natural law has appeared, in some form of the other, as an expression of the search for an ideal higher than positive law after having been rejected and derided in the interval. With changing social and political conditions the notions about natural law have changed. The only thing that has remained constant is the appeal to something higher than positive law. The object of that appeal has been as often the justification of existing authority as a revolt against it. Natural law has fulfilled many functions. It has been the principle instrument in the transformation of the old civil law of the Romans into a broad and cosmopolitan system; it has been a weapon used by both sides in the fight between the medieval church and the German emperors; in its name the validity of international law has been asserted, and the appeal for freedom of the individual against absolutism launched. Again it was by appeal to principles of natural law that American judges, professing to interpret the constitution, resisted the attempt of state legislation to modify and restrict the unfettered economic freedom of the individual. Natural law has, at different times, been used to support almost any ideology; but the most important and lasting theories of natural law have undoubtedly been inspired by the two ideas, of a universal order governing all men, and the inalienable rights of the individual. Greeks Greeks were more interested in the philosophical foundations of law rather than its technical development. Though there were bodies of fundamental laws in the classical period, little attention was paid to the idea of universal law. Plato laid the foundations for much of subsequent speculation on natural law though he had nothing to say as such on natural law. His republic was based on substitution for law of the philosopher-king which partook of the divine wisdom but remained uncommunicable to lesser mortals. Aristotle was also not interested in natural law. Natural law as a universal system in Greek World came into the fore with the decline of the city state and the rise of large empires and kingdoms. For this stoic philosophers were responsible. They stressed the ideas of individual worth, moral duty and universal brotherhood Stoicism passed over and influenced over to and influenced Roman thought especially Cicero who defined natural (true) law as ââ¬Å"right reason in agreement with natureâ⬠. Medieval Period The existence of a body of basic rights can be traced back to the early thirteenth century in Europe and has featured predominantly in different schools of thought since then. Its origins basically lie in the philosophical discourse with concepts such as liberty and even ââ¬Å"rightsâ⬠. This was a period when theology of the Catholic Church set the tone and pattern of all speculative thought. The theology was bedevilled by the notion that law and human domination were rooted in sin until Aquinas in the 13thCentury. Aquinas admits that human law, which derives its validity from natural law changes with human circumstances and human reason. Human rights are linked to the rule of law, a concept that imposes inherent limitations on the exercise of absolute power by a sovereign. The rule of law in turn links to the theories of natural law and to an extent religious doctrines. The right to expect rulers to be fair and reasonable, with limited authority in respect to the private lives and of their subjects, translating to the rule of law was first enshrined in paper in England in what is referred to as the Magna Carta of 1215. It enshrined a number of principles which now fall within the broad ambit of human rights, including the principle of equality before the law, a right to property and an element of religious freedom, albeit such rights extended only to nobles. The Declaration of Arbroath in Scotland in 132o, unlike the Magna Carta spoke of the profound right to liberty, rating it above glory, honour, and riches. Renaissance, Reformation and Counter-Reformation The renaissance led to an emphasis on the individual and free will and human liberty and a rejection of the universal collective society of medieval Europe in favour of independent national states, and, where the reformation followed, separate national churches. The 16th century also saw the revival of Thomism, a revival of crucial importance for the development of modern natural law theory of the state led by Victoria and Suarez. They took their way of thinking from Aquinas; it was not possible to neglect the law of nature since all men from beginning of creation have been subject to it. The social contract ideologies associated with Hobbes, Locke, and Rousseau are also traced to the 16th century. Secularisation of Natural Law The secularisation of natural law is usually held to begin with Grotius. He inaugurated a new era in natural law thinking by his assertion that natural law would subsist even if God did not exist.His main concern was to establish a system of international law to regulate the affairs and warfare of the rising nation states. à Natural Law and Social Contract In Hobbes, the social contract is used in defence of absolutism while in Locke in support of limited constitutionalism. Natural law does not loom large in Hobbeââ¬â¢s thinking, except for the fact that he expressed the main precept of natural law in terms of manââ¬â¢s right to self preservation. To Locke the state of nature that preceded the social contact was not, as conceived by Hobbes, one of brutal horror, but rather a golden age, an Eden before the fall. Rousseauââ¬â¢s political theory has weak links to natural law. The general will has come almost to replace the higher law standard that natural law has typically represented. The emergence of human rights as part of modern domestic law therefore dates back at least to John Lockeââ¬â¢s Two Treatises on Civil Government. In 1690, Locke argued that governments were bound in a covenant with the governed to protect an individualââ¬â¢s natural rights to life, liberty, and property. The 1688 Bill of Rights of England and Wales In 1688, the Bill of Rights of England and Wales mentioned minimal rights though with little substance. Whatever the case, these early documents connect as to the evolution of human rights. They show that the thinking of the masses then was directed towards human rights as much as ours is today. The 18th 19th Centuries: Revolutions and Rights Though Vico, Herder and Montesquieu, refuted the idea of a universal natural law common to all mankind due to increase in secularism and rationalism, it is during these two centuries that many philosophers and thinkers focussed on the idea of natural rights, rights which should be enjoyed by all humans. A corpus of basic rights to be afforded to all mankind was an obvious result of such thinking. That corpus found legal expression at the close of the 18th Century. The United States and France adopted statements on rights when proclaiming the independence of the former British North American colonies and when establishing the first French Republic following the 1789 revolution. The United States Declaration of Independence and Bill of Rights, the first ten amendments which were ratified on December 1791, were a big leap into realisation of human rights. The American Bill of Rights refers to freedom of religion, due process and fair trial,and freedom of person and property. The French Declaration was inspired by the United States Declaration of Independence, though predates the Bill of Rights. It begins by stating that me nare born free and are equal in rights. Liberty is defined as being able to do anything that does not harm others. It also touches on rule of law issues such as a fair trial process.Others to be expounded are right to free communication and taxation issues. The rights enumerated by the American Bill of Rights and the French Declaration have modern equivalents in human rights instruments. This was another major step in conversion of human rights from theories and thoughts into real legal instruments that could be enforced and followed. It is arguable that 18th century developments as pertains development of human rights were better those of the 19thcentury where the influential theory of positivism meant that only states had rights in the international arena because of their legal status as subjects of international law rather than individuals whowere viewed as objects of international law. Challenges of Universality of Human Rights How can different countries and cultures have the same problems and values?à This is the main contention to opponents of universality of human rights. The objections to natural law as a basis for rights are long-standing. It is not difficult, of course, to demonstrate that all human beings share certain characteristics. But finding those that constitute the essence of being human and are of sufficient import to serve as a rationale for rights is a bit harder. Universality is one of the key essentials of human rights. All human beings are holders of human rights, independent from what they do, where they come from, where they live and from their inter alia, national citizenship, and their community. The universality of human rights is embedded in and also influenced by the other characteristics of human rights: human rights are categorical, egalitarian, individual, fundamental and indivisible. Kirchschlaeger,asserts that human rights struggle with particular interests. States claim the priority of their sovereignty over the universality of human rights and the private sector claims self-regulating approaches and uses this to define its sphere ofinfluence within certain limits. This challenge is part of the political and legal dimension of human rights and as a consequence of the moral dimension of human rights as well. In this regard, one can recognize a positive tendency of acceptance of human rights by states, a growth of an international institutionalization for the protection of human rights and a progress of the mechanisms for monitoring human rights performances by states to respect the universality of human rights and some small steps by the corporate world. At the same time, it has to be stated that the implementation of human rights is not yet there where it should be, and that the vast majority of human beings are still victims of violations of their human rights . The universality is still a claim, not reality. Human rights are challenged by cultural diversity as well. This challenge is taking place in the moral dimension of human rights. Although the UN Conference in Vienna 1993 reconfirmed the validity of the universality of human rights, the universality faced critics from different quarters because of its alleged western origin. Countries like China, Venezuela and those in the Arab world human rights as too westernized. Currently, an ongoing case against some Kenyan politicians at the International Criminal Court has added to the rant. In seeking a referral of the case by the Security Council, Kenya has the Support of China, Russia and the African countries but the US, UK and France who wield veto powers do not support the bid. This has been seen as a western effort to intrude into Kenyan sovereignty using human rights as a disguise. Religions, cultures, traditions, world views and beliefs benefit indirectly from the human right to freedom of religions and belief. This right enables and enhances the authentic practice of an individual and so the peaceful coexistence of religions, cultures, traditions and world views and the dialogue between them. It is an achievement of humanity to protect this variety. A show of universality of human rights was when the UN Security Council, announced a no flying zone in Libya and with the support of the Arab League, France, US and the UK moved to avert deaths of Libyan civilians by bombing strategic points to immobilize Gaddafi troops. Nickel, observes that the achievements of the human rights movement in have shown both that the optimistic beliefs of proponents of universality were not entirely without foundation and how difficult it is to create genuine international agreement about how governments should behave. Globalization promotes joint ventures between people from different and sharing of ideas or views, thus promoting the development of shared standards. Toespraak views the criticism of universality with skeptism. He argues that although sometimes the concerns are sincere, sometimes they are simply being abused to hide domestic shortcomings or they serve opportunistic political agendas. Recent initiatives at the UN, both in the General Assembly and in the Human Rights Council, such as the Russian initiative to promote the concept of traditional values, the Cuban initiative on cultural diversity, and the Pakistani proposals on interreligious dialogue, are slow but inhis view sure attempts to weaken the fundaments of universal rights. Some states have argued for a classification based on differences in culture, religion and development In the Universal Periodic Review process. This is all reason for growing concern according to him Period after World War II and Development of International Law World War II gave impetus to the modern development of basic principles of human rights and to the general acceptance of the idea that the human rights practices of individual countries toward their own citizens are legitimate matters of international concern. The 1945 United Nations Charter included a general commitment to respect for human rights, but it was the Universal Declaration of Human Rights, 1948 that provided the basic statement of what have become widely accepted international human rights standards.[2] After World War II, the term human rights came into wide use replacing the earlier phrase natural rights, which had been associated with the Greco-Roman concept of natural law since the end of the Middle Ages. As understood today, human rights refer to a wide variety of values and capabilities reflecting the diversity of human circumstances and history. They are conceived of as universal, applying to all human beings everywhere, and as fundamental, referring to essential or basic human needs. Modern international conceptions of human rights can be traced to the aftermath of World War II and the foundation of the United Nations. [1]The rights espoused in the UN charter would be codified in the International Bill of Human Rights, composing the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights The Universal Declaration was bifurcated into treaties, a Covenant on Civil and Political Rights and another on social, economic, and cultural rights, due to questions about the relevance and propriety of economic and social provisions in covenants on human rights. The covenants provide for the right to self-determination and to sovereignty over natural resources. The drafters of the Covenants initially intended only one instrument. The original drafts included only political and civil rights, but economic and social rights were also proposed. The disagreement over which rights were basic human rights resulted in there being two covenants. The debate was whether economic and social rights are aspirational, as contrasted with basic human rights which all people possess purely by being human, because economic and social rights depend on wealth and the availability of resources. In addition, which social and economic rights should be recognised depends on ideology or economic theories, in contrast to basic human rights, which are defined purely by the nature (mental and physical abilities) of human beings. It was debated whether economic rights were appropriate subjects for binding obligations and whether the lack of consensus over such rights would dilute the strength of political-civil rights. There was wide agreement and clear recognition that the means required to enforce or induce compliance with socio-economic undertakings were different from the means required for civil-political rights. From what I have discussed above, we can say that human rights have been classified historically in terms of the notion of three generations of human rights. The first generation of civil and political rights, associated with the Enlightenment and the English, American, and French revolutions, includes the rights to life and liberty and the rights to freedom of speech and worship. The second generation of economic, social, and cultural rights, associated with revolts against the predations of unregulated capitalism from the mid-19th century, includes the right to work and the right to an education. Finally, the third generation of solidarity rights, associated with the political and economic aspirations of developing and newly decolonized countries after World War II, includes the collective rights to political self-determination and economic development. Since then numerous other treaties have been offered at the international level. They are generally known as human rights instruments. Some of the most significant are: Convention on the Elimination of All Forms of Racial Discrimination Convention on the Elimination of All Forms of Discrimination Against Women United Nations Convention Against Torture Convention on the Rights of the Child International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families There are also regional human rights instruments such as the African Charter on Human and Peoples Rights, the American Convention on Human Rights and the European Convention on Human Rights. Human rights principles, policy, and practices became an increased focus of popular and public attention during the last quarter of the twentieth century. Several influential nongovernmental organizations were formed during this period to monitor and report on human rights matters. In the late 20th century ad hoc international criminal tribunals were convened to prosecute serious human rights violations and other crimes in the former Yugoslavia and Rwanda. The International Criminal Court, which came into existence in 2002, is empowered to prosecute crimes against humanity, crimes of genocide, and war crimes.[1] Conclusion à From the foregoing, it can be concluded that, Human laws are subordinate to natural law; some need more guidance to achieve a virtuous life than others; these people can only be compelled to behave well through human law; reason can be good, but it may be used to exploit base desires and cruelty ââ¬â linking human law to natural law and natural law is used as a set of general first principles under which human law is made using reason. Using natural reason leads to creation of good human law to deal with the needs of practical situations not expressly covered by natural law. Human rights have come a long way to not only receive recognition by individual states, but also at the international arena .Universal validity of human rights norms under the current state of international law, does not permit a denial of the universal character of the human rights laws. When implementing human rights, within the context of the principle of universality, there is room for interpretation. The international community should define the scope or variations. Supervision of the implementation of human rights should be conducted by impartial, independent international bodies and not by individual states, as each state has its own particular views on fundamental rights and freedoms which are shaped by different historical developments. Another major development in the field of human rights is the general acceptance of the principle that human rights are no longer an exclusive domestic affair of states but a legitimate concern of the international community. This principle also reinforces the principle of universality. It is incorporated in the Declaration of the Vienna Conference which was adopted by consensus. With the 21st century bringing in more in the spheres of technological developments and unified world, we can only wait and see to what level human rights can be pushed. As Haule puts it, although human rights have their origin from natural law, it took a system of positive law to provide a definite and systematic statement of the actual rights which people possessed. Bibliography Rhona K.M. Smith, Textbook on International Human Rights, 2004, Oxford University Press, 2nd Ed. à W.Friedman, Legal Theory, 2008,Universal Law Publishing Co. 5th Ed. à Freeman, Introduction to Jurisprudence, (2008) Sweet Maxwell, 8th Ed. à Finer, V Bogdanor and B Rudden, Comparing Constitutions, (1995). à Hegarty Leonard, Human Rights, An Agenda for the 21st Century, (1999) Cavendishà Publishing. à History of Universal Human Rights Up to WW2 Article by Moira Rayner, appearing on universalrights.net/main/history.htm, accessed on 4th March, 2011. Human Rights, Wikipedia, Accessed 4 th March 2011, http://en.wikipedia.org/wiki/Right. Natural Law and Natural Rights, paper byà à James A Donald, sourced from [emailprotected], accessed on 4 th March 2011. Australian Human Rights Commission, Human Rights Theories, Fact Sheet 3, 2009, accessed on 4th March 2010. à Mark W Janis, sourced from http://law.jrank.org/pages/18657/Human-Rights-International-Law.html, accessed on 22nd March 2011. The Origin of Human Rights and the Challenge of Universality, excerpted from the book, Tainted Legacy 9/11 and the Ruin of Human Rights by William Schulz Thunders Mouth Press, 2003, paper. Sourced from thirdworldtraveler.com/Human_Rights/Origin_Human%20Rights_TL.html, accessed on 21st March 2011. Peter Kirchschlaeger, Universality of Human Rights. James Nickel, Human Rights and Globalisation, sourced from http://ivr-enc.info/index.php?title=Human_Rights_and_Globalization#Challenges_to_Universality, accessed on 21st March 2011. Toespraak, On the Universality of Human Rights in a Changing World, sourced from rijksoverheid.nl/documenten-en-publicaties/toespraken/2010/05/03/on-the-universality-of-human-rights-in-a-changing-world.html, accessed on 21st March 2011. à Romuald R Haule, Some Reflections on the Foundations of Human Rights, Max Planck UNYN, 10 (2006).
Thursday, February 20, 2020
Discuss the benefits and environmental implications of applying Essay
Discuss the benefits and environmental implications of applying composts and other organic amendments to agricultural land - Essay Example These include sewage sludges, municipal solid wastes, urban yard refuses, food industry residues, wood processing wastes, and agricultural crop residues; these are produced in considerable quantities by the human community, particularly in urban, highly populated areas, state Senesi et al (1996). Besides their application to agricultural land after appropriate treatment, other alternatives for their disposal are incineration, land filling, and discharge to water bodies. However, the most environmentally safe and economically satisfactory solution is the application of composts and other organic amendments to agricultural land. ââ¬Å"This choice also provides advantages which may result in soil fertility and agricultural production benefitsâ⬠(Senesi et al, 1996, p.533). Organic wastes and residues of any nature require appropriate treatment before soil application. ... conomic benefits to agriculture, the measures to prevent adverse environmental outcomes, alternative options, and whether benefits outweigh negative effects will be examined. BENEFITS OF APPLYING COMPOSTS AND OTHER ORGANIC AMENDMENTS TO AGRICULTURAL LANDS The application of compost benefits the biological, chemical and physical properties of soil. Biologically, compost promotes the development of fauna and microflora, reduces plantsââ¬â¢ susceptibility to attack by parasites, and supports the faster root development of plants. Chemically, compost has beneficial outcomes on soil in several ways. It ââ¬Å"increases nutrient content, turns mineral substances in soil into forms available to plants, and regulates the addition of minerals to soil, particularly nitrogenous compoundsâ⬠(EPA, 1994, p.87). Additionally, compost serves as a buffer in making minerals available to plants, and provides a source of micronutrients. Moreover, compost improves numerous physical characteristic s of the soil including the soilââ¬â¢s ââ¬Å"texture, water retention capacity, infiltration, resistance to wind and water erosion, aeration capacity, and structural and temperature stabilityâ⬠(EPA, 1994, p.87). In Tigray Region of Ethiopia, the Bureau of Agriculture and Rural Development undertook since 1998 the production of compost as a part of its extension package. By 2007, at least 25% of the farmers were making and using compost. The success of this approach is emphasized by the doubling in the quantity of grain yield between 2003 and 2006, from 714 to 1,354 thousand tonnes. At the same time, since 1998, there has also been a steady decrease in the use of chemical fertiliser from 13.7 to 8.2 thousand tonnes (Asmelash, Araya, Egziabher et al, 2007, p.19). Other regions of Ethiopia are also promoting
Tuesday, February 4, 2020
Telecom - Verizon Wireless, Sprint, and At&T Case Study
Telecom - Verizon Wireless, Sprint, and At&T - Case Study Example The main objective of purchasing is to preserve the excellence and worth of a companyââ¬â¢s goods, to reduce cash tied-ups in register, to sustain the flow of outputs and support the organizationââ¬â¢s aggressive position. Purchasing involves development and evaluation of the productsââ¬â¢ specifications, reception and processing of requisitions, promotion and evaluation of bids, examination of goods, suitable storage place and release. Thus, it can be said that purchasing is one of the important decisions which needs prior assessment of various factors. The purchasing or buying cycle consists of five major steps1. Purchasing Cycle Source: 1 The buying cycle model according to Weele talks about five factors namely awareness of needs, assessment of alternatives, alleviation of risk, decision and last but not the least achievement of results. With the increasing effects of globalisation and changing business scenario, cellular services have become part and parcel of human life . Increasing need for cellular services has brought quite a few companies into the market. Verizon Wireless, Sprint Wireless and AT&T are three of the popular companies of United States that have successfully catered the need of the customers for certain years. The success of these companies lies on the fact that they could impressively hit the requirement of the prospective customers. The companies came up with foray of alternatives which had been the second stage of the buying cycle model. Verizon wireless provides wireless voice and data products along with services of broadband data. Video services and network accesses are also available to the customers of the company2. Sprint Wireless also provides data and voices services in wireless segment to its customers. Moreover, it provides wireless network with both CDMA and iDEN networks for the customers of United States3. AT&T also provides certain other benefits like WI-FI services, the facility of U-verse which is primarily requi red to send SMS along with high speed broadband and video services. Moreover, the wireless 4G facility and high speed downlink packet access are also provided by AT&T4. The next stage of the buying cycle is the alleviation of risk. While considering the risks, the existing and the prospective customers of any cellular service basically considers the factor of network connectivity. In this context, it can be said that AT&T and Verizon Wireless have higher market penetration in terms of network connectivity in comparison with Sprint. Verizon is also way ahead when compared to two other companies with respect to other add-on services like Bluetooth. The next step of the buying cycle i.e. decision is the most important. The trend of the market depicts that Verizon having better services, also leads in the market share which ultimately depicts that customers have decided to be with the services of the company. In order to ensure long term sustainability, Verizon Wireless needs to ensure that the customers (both existing and the prospective) achieve their desired objectives. The other two companies, on the other hand, need to ensure that they provide services in such a way that they can attain greater market share in due process. Positioning Positioning is an effort to influence the customer perception for a brand or product in relation to its competitive brands. Positioning is one of significant tools of marketing to highlight a brand
Monday, January 27, 2020
Climate Changes Implications To Pacific Islands
Climate Changes Implications To Pacific Islands Based on the Intergovernmental Panel on Climate change (IPCC) fourth assessment report, it identifies small island states as being the most vulnerable countries of the world to the adverse impacts of climate change. The Pacific islands in fact without doubt one of worlds most vulnerable regions when it comes to the risks of disaster due to climate change, especially to the several of the low-laying coral islands. Climate change is already affecting Pacific islands with dramatic revenue loss across sectors such as agriculture, water resources, forestry, tourism and other industry-related sectors. The Pacific islands are subjected to the impacts of climate change caused by excessive fossil burning, deforestation and atmospheric pollution. The Pacific islands see climate change is the major disaster and have openly and continually blame the industrialized nations for failure to take definitive steps towards deteriorating pollution of the global atmosphere. Climate change poses an existe ntial threat to the Pacific islands and may further aggravate conflicts over increasingly scarce resources. This paper examines the implications of climate change on economic, social and political security in the Pacific islands states. KEYWORDS: Climate change, Pacific islands, Small Island states, Pollution Introduction Pacific islands consist of small islands like Kiribati, Tuvalu, Fiji, Cook Islands, Marshal Islands, Papua New Guinea, Nauru, Samoa, Solomon Islands, Tonga and Vanuatu. Pacific islands are one of the region are being affected by climate change. Due to their geographical size, the impacts of climate change seem faster that other regions. What is climate change? According to United Nations Framework Convention on Climate change (UNFCCC), climate change refers to a change of climate that is attributed directly or indirectly to human activity that changes the composition of the global atmosphere and that is in addition to natural climate variability observed over comparable time periods. As the United Nations Secretary General has said, it is the major, overriding environmental issue of our time, and the single greatest challenge facing environmental regulators. It is a growing crisis with economic, health and safety, food production, security, and other dimensions. Based on the Intergovernmental Panel on Climate change (IPCC) fourth assessment report, it identifies small island states as being the most vulnerable countries of the world to the unpleasant impacts of climate change. The Pacific islands in fact without doubt one of worlds most vulnerable regions when it comes to the risks of disaster due to climate change, especially to the several of the low-laying coral islands like Kiribati and Tuvalu. Climate change is already affecting Pacific islands with dramatic revenue loss across sectors such as forestry, tourism, water resources, agriculture, and other related sectors. The 41st meeting of the Pacific islands Forum, which took place in Port Vila, Vanuatu, from 4th to 5th of August 2010, concluded with the issuance of a Communiquà ©, which contains a section on climate change. According to the Communiquà ©, climate change remains the greatest threat to the livelihoods, security and well-being of the peoples of the Pacific islands. The Pacific islands leaders stress the need for a meaningful legally-binding agreement on emissions reduction to be reached urgently and without delay. This paper will focus on the implications of climate change on economic, social and political security in the Pacific islands. The first part of this paper will provide a brief summary on climate change and the Pacific islands and issues arise from climate change; second, we will examine the implications of climate change: threat to human security such as food, natural resources and ecosystem, and health; migration; and political instability. The impacts of climate change are quite varied. If we look at the physical impacts that climate change is having, we will see the issues arise from climate change are sea level rises and temperature increases. According to Espen Ronneberg, changes in atmospheric and ocean temperatures will be having impacts on Pacific islands through a mixture of physical interactions and one of them is changes in precipitation patterns. Hence, climate change creates an existential threat to the Pacific islands and may further exacerbate conflicts over increasingly scarce resources. Climate change is increasing the harshness and frequency of disasters, which are causing displacement, livelihood insecurity and increasing political instability. This research paper is attempted to discover the implications of climate change on economic, social and political security in the Pacific islands even though there are a few consensus regarding the climate change have been made for example during the 108th Congr ess (2003-2004), nearly 100 bills, resolutions, and amendments specifically addressing climate change and greenhouse gas (GHG) emissions were introduced. The bills, resolutions, and amendments focused primarily on climate change research and comprehensive emissions cap and trade programs. Additional bills concentrated on GHG reporting and power plant emissions of CO2. Physical Evidences of Climatic Change The Pacific islands are subjected to the impacts of climate change caused by human influences such as excessive fossil burning, deforestation and atmospheric pollution; and due to natural reasons for instance the movement of tectonic plates, orbital variations, volcanism and ocean variability. The Pacific islands see climate change as the major disaster and have openly and continually blame the industrialized nations like United States for failure to take definitive steps towards deteriorating pollution of the global atmosphere. Besides that, the increasing of population growth, tourism and unsustainable exploitation of natural resources negatively impacts the ecosystem. The growth of population is expected to further exacerbate land and resource scarcity and make the situation more badly. Climate change poses an existential threat to the Pacific islands and may further exacerbate conflicts over increasingly scarce resources. Below are the two major issues that arise due to climate c hange. Sea Level Rising The issues arise due to climate change are sea-levels rising, extreme weather events and disasters and livelihood degradation. The Intergovernmental Panel on Climate change (IPCC) agrees the primary issue arise due to climate change is rising of the sea level. Relatively small rises in sea level would make some densely settled coastal plains uninhabitable and create a significant problem. Moreover, any increase in sea level will accelerate the coastal erosion and cause the low-lying island states like what happen in Tuvalu and Kiribati. It is estimated that, the sea-levels are likely to rise for the next centuries to come. Presently, the IPCC predicts sea level rise is most probable to be just short of half a meter, and at least between 9 and 88 cm through 2100, but they also warn that climate change during that time may lead to irreversible changes in the earths glacial system and ultimately melt enough ice to raise sea level many meters over the next decade. Tuvalu is the best example to explain issue of rise of sea level. In early 2000, there were a series of media reporting over sea level rise issues using Tuvalu as an example. The daily life of Tuvalu revolves around the ocean and the immediate threat on the Tuvaluan, economy, environment and its islands is of concern to the Tuvalu government. Tuvalu government has concluded that Tuvalu was destined to become the first nation to be sunk by climate change because it is one of the smallest and lowest-lying countries in the world. Erosion due to sea level rise is not the only issue in Tuvalu. Inundation will increase further inland together with salt water intrusion to destroy underground the freshwater sources. According to McCracken of the United States Global Change Research of Climate change, a 1 cm rise in sea level can consume 1 m or more of beach width towards the sea. Below figure shows the sea level trends for Tuvalu since 1995. Figure 1: The sea level trends Source: Than Aung, Awnesh Singh and Uma Prasad. Sea Level Threat in Tuvalu. (2009) The issue of the rising of sea level is not a new issue to Tuvalu. The actual danger to Tuvalu is the rate of the sea level rise. Figure 1 shows the sea level trends with time, it is quite clear that trends for Tuvalu are more or less horizontal since 1999. It clearly indicates that the sea level rise rate is not accelerating but however, as mention earlier a 1 cm rise in sea level can consume 1 m or more of beach width towards the sea; it shows how dangerous the rising of sea level may affect small islands like Tuvalu. Extreme Weather Events and Disasters The Pacific islands states are more exposed to extreme weather events and climate variability than most countries. The increase in temperature and sea level rise is expected to trigger an increase in natural disasters. The region will experience increasing frequency and severity of extreme events such as heat waves, exceptional rainfall events, droughts, tropical cyclones, storm surges, EI-Nino conditions, and severe diseases. Floods and droughts are particularly devastating for small islands. Many islands rely on regular rainfall to recharge limited groundwater resources. When there is too little rain, or too much at one time, these reservoirs are taxed, threatening food and water security. Flooding and droughts will render whole islands, particularly low-lying atolls, uninhabitable, leading to their abandonment, migration and conflicts over resources, thus endangering security on the islands. This extreme weather has gave impacts to economy such as it led to the decline of tourists to Pacific islands, a good example was the case of Niue, in 2004 Cyclone Heta had destroyed a large part of the island. The summary of the impacts of extreme weather and events as per shown in the below table. Table 1: Impacts of Extreme Weather Events and Disasters Source: Intergovernmental Panel on Climate change Implications of the Climate change to Pacific Islands Threat to Human Security Climate change may result a threat to human security. It may become more difficult for human to satisfy their basic needs. As far as everybody concerned, the needs of immediate action to find solutions for people whose homes, lands and livelihood, are being destroyed by rising of the sea levels and the extreme weather disasters. Ajay Chhibber, United Nations Assistant Secretary-General once said, We recognize climate change to be a critical development challenge with enormous implications for the entire range of development concerns: poverty, livelihoods, food security, conflict and social cohesion, to name a few. He added, At a time of global economic crisis, climate change has the potential to reverse hard-won development gains in the region, which could compromise our collective ability to achieve the Millennium Development Goals and plans for a prosperous, peaceful and secure region. Sea level rise will increase salt water intrusion, thus degrading fresh water resources. The impacts of climate change on freshwater systems are mainly due to the observed and projected increases in temperature, sea level and rainfall variability. An increase in the ratio of winter to annual flows, and possibly the reduction in low flows caused by decreased glacier extent or snow water storage, is predicted. Sea-level rise will extend areas of salinisation of groundwater and estuaries, resulting in a decrease in freshwater availability for humans and ecosystems in coastal areas. Increased rainfall intensity and variability is projected to increase the risks of flooding and droughts in many areas of the world especially to small island states. This will diminish economic sectors such as agricultural production unless new resistant crops are introduced to offset these impacts. The Pacific islands states have traditionally depended upon food production for survival and economic development. In addition, the issue of sea level rise is not the only cause a threat to human security in terms of food security, but the extreme weather also brings negative impact to food security in the Pacific islands. The extreme weather that cause drought also cause many problems particularly in agriculture all over the region. Increased risk of flooding in river catchments also threatens food production. Heavy flooding of the Wainibuka and Rewa rivers in Fiji in April 2004, for example, damaged between 50% and 70% of crops. A few studies have focused on the impacts of climate change on agriculture sector in Fiji. For example changes in temperature and rainfall have influence agricultural production. Sugarcane production is expected to drop by 9% from current conditions with losses averaging US$13.7million a year by 2050. Impacts on traditional crops with 11-15% drop in taro, y am and cassava production with a loss of US$680,000 a year in lost food crops. In terms of the economic costs of climate change impacts, the island of Viti Levu, Fiji Islands, could suffer economic damage averaging at least US$23 -US$52 million a year by 2050 (i.e. equivalent to 2-4% of Fijis GDP). Another best example of the impact of climate change to the lost of agricultural production or food production was Cyclone Ami, for example, caused over US$35 million in lost crops in Fiji in 2003. Furthermore, climate change exposures are likely to affect the health status of millions of people, particularly those with low adaptive capacity, through: increases in malnutrition and consequent disorders, with implications for child growth and development; increased deaths, disease and injury due to heat waves, floods, storms, fires and droughts; the increased burden of diarrhoeal disease; and the increased frequency of cardio-respiratory diseases due to higher concentrations of ground-level ozone related to climate change. Moreover, climate change may cause the spread of disease such as malaria and dengue fever. For instance, warming in Papua New Guinea is likely to cause a contraction of the cooler malaria free zone in the highlands. Studies show positive associations between temperature increases and diarrhoea, and between warmer sea-surface temperatures and ciguatera outbreaks. Since the health services in most Pacific islands states already ill equipped and struggling to cope with existing health problems, it is unlikely there will be capacity to effectively respond to the increased health burden caused by climate change. Furthermore, climate change was likely to increase the rates of diarrhoeal disease in Fiji and Kiribati due to decreases in rainfall and increases in temperature. No evidence was presented to show relationship between flooding or heavy rainfall and cases of diarrhoea. yet, the 1997/98 drought (associated with El-Nino) had widespread impact, including malnutrition and micronutrient deficiency in children and infants. In addition, we may see the implications or impacts of the climate change to the Pacific islands states in case of Vanuatu. According to Edward Natapei, the Prime Minister of Vanuatu, more than 80%, of the population of Vanuatu depend on the land for their subsistence farming and contributions to the national economy. Their traditional farming practices have been shaped by their subsistence needs and climatic conditions. Land has always been culturally precious to the Ni-Vanuatu mainly because rights to its ownership and use form a central part of their culture and traditional governance. Increasingly considerable pressure is being placed on access to land by the rapidly growing population. Above has discussed, the three fundamental pillars of human security are natural resources and ecosystems, food, and health. According to United Nations University writer Christian Webersik (2010) identifies climate change as a variable that can drastically undermine each of these pillars, with stark consequences. A poor response to natural hazards and may create anti-government grievances in societies with weak governance structures and stricken by political violence and poverty. Migration The impact of sea level rise from climate change could be catastrophic for the Pacific islands states. The increasing of population growth, shrinking of land mass and declining of income opportunities may result to migration from outer to central islands or to other countries. The unpleasant impacts of climate change increase the rate of domestic migration and relocation, with people from rural areas and remote islands moving to urban centres. The number is growing as people in rural areas are losing their livelihoods and land because of natural disasters and sea level rise. The International Federation of the Red Cross in the World Disasters Report 2001 estimated that more people are now forced to leave their homes because of environmental disasters than war. According to Jonathan Adams in his article written for the New York Times (2007), some experts warn that, ultimately, these issues will combine to power a wave of emigrants fleeing the Pacific islands. Indeed, there are already signs of flight: according to a study by the Australian government, applications for New Zealand residency from eligible Pacific island nations shot up sharply in 2005 and 2006, compared with 2003. Afifi and Warner (2008) find a statistically significant link between environmental degradation and outward migration. Due to the extreme weather events and disasters such as hurricanes, droughts, heat waves, and sea level rise in the source country are found to have a significant and positive link with migration flows. For example, flooding in the source country is found to increase migration, but this relationship is not statistically significant. The Intergovernmental Panel on Climate change report noted that climate change is likely to very likely to cause higher maximum temperatures, more intense rainfall events, increased risk of drought, increase in tropical cyclone peak wind intensities, and an increasing number of floods in some areas. Tuvalu is the best example to explain the impacts of climate change in the case of migration. Economic factors associated with environmental factors, forcing people from Tuvalu to migrate to new place, this will result in a brain drain. Tuvalu already has an ad hoc agreement with New Zealand to allow phased relocation and many residents have been leaving the islands. The New Zealand government already takes in a quota of Tuvaluans every year, many of whom have found jobs in the strawberry fields and packing plants around Auckland. It has assured Tuvalu that it will absorb the entire population if the worst comes to pass. That is a lifeline that many similarly threatened island nations including Kiribati, Vanuatu, the Marshall Islands, the Cook Islands, Fiji and the Solomon Islands. There was a debate on the issue of climate change, Climate change Threatens International Peace, Pacific islands Tell UN Debate, on 26 September 2008. The Pacific Island states voice out at the General Assembly on the issue of climate change, promising to table a draft resolution during the climate session that will call on the United Nations to scrutinize the threat posed by climate change to international peace and security. Prime Minister Feleti Vakauta Sevele of Tonga, addressed to the Assemblys annual General Debate to urge other Member States outside the region to show their support for the draft resolution. The prospect of climate refugees from some of the Pacific Island Forum countries is no longer a prospect but a reality, with relocations of communities due to sea level rise already taking place, he said. The resolution is expected to ask United Nations Secretary-General Ban Ki-moon to commission a report on climate change and security, and to invite the Security Council an d the General Assembly to work together on possible recommendations to deal with any problems identified. In addition, Prime Minister of Samoa, Tuilaepa Lupesoliai Sailele Malielegaoi, urged countries to convert the commitments they made about greenhouse gas reduction into reality. Only through selfless and concerted efforts by all countries led by the major greenhouse gas emitters can we have a fighting chance of lessening the destructive impact of climate change, he said, adding that it also enhances the chances of a credible agreement beyond the current Kyoto Protocol. Derek Sikua, Solomon Islands Prime Minister said he feared that the magnitude of climate change has already outgrown the existing capacity of the UN system to respond. Many smaller countries were being left to find their own solution for themselves against the impact of climate change, as regional groups and other organizations charted their own course. The Prime Minister called for the UNs Small Islands Developing States Unit to be strengthened so that it can help countries, such as those in the Pacific Ocean facing rising sea levels, with special needs. There are a lot of actions was taken by many institution bodies to overcome this problem, the Intergovernmental Panel on Climate change has changed its initial position on the likely patterns of migration in response to increased disasters and negative effects of climate change. The second change is recognition that physical vulnerability to climate change constitutes only one factor in a persons overall vulnerability to environmental hazards. Political Instability The nations of the Pacific are, in general, developing island states that are geographically distributed and economically varied. The level of development of the Forums island member countries varies considerably across the region as does the quality of governance. Access to resources is often difficult due to the geographic distances and resources are often scarce and in demand. Climate change is increasing the unpredictability of weather patterns, such as increasing the incidence and intensity of cyclones. Political stability is volatile in many of the regions nations especially to Pacific islands region. Across the region, the population demographics are changing with the average age reducing; while education and access to it is improving opportunities for youth are still limited compared to the more developed nations of the world. If a country becomes unstable and no longer capable to respond to other challenges, it will diminish the capacity of the country to peacefully interfere domestic and international conflicts. The multiple stresses may give rise of to several conflicts constellations, where the interactions of climate change with other factors increase the risk of violent conflicts. Disputes over land as a result of inequalities and frictions between traditional and introduced of land management system as well as intra-state migration may become aggravated. Many conflicts were related to land issues. However, the scale and intensity of conflicts and the level of instability vary across the regions. The adverse impacts of climate change alter the distribution and quality of natural resources such as fresh water, arable land, coastal territory, and marine resources. These changes can increase competition for scarce resources, with the increased possibility of armed conflict. Existing tensions within the Pacific islands states will similarly be heightened especially in already unstable areas and can endanger national security as well as be a threat to international peace and security. According to Intergovernmental Panel on Climate change (2001), owing to factors of limited size, availability, and geology and topography, water resources in small islands are extremely vulnerable to changes and variations in climate. Moreover, a reduction in the size of the island, resulting from land loss accompanying sea level rise, is likely to reduce the thickness of the freshwater lens on atolls by as much as 29%. Increases in demand related to population and economic growth, in particular tourism continue to place serious stress on existing water resources. Shifting boundaries of existing land are particularly problematic for communities with collectively owned lands. The blurring of boundaries can intensify the disputes between communities over land ownership and usage, as communities may fight to re-claim their share of natural resources. This could lead to conflicts between individuals and communities as they try to redistribute resources, and is likely to evolve into a security threat if not dealt with in a transparent and equitable manner. Multipliers of Conflicts Climate change is not like other conventional security threats. The combination of the threats stemming from climate change impacts of increased water and food insecurities, rising sea levels, and increased extreme weather events such as droughts, floods and cyclones, will create risks to national and regional security as well as to international peace and security. Because climate change has multiple impacts in many different areas, it has the potential to cause multiple problems simultaneously and erode already fragile conditions, both environmental and economic. The combination of increased disease due to lack of potable water, flooding and coastal erosion, lack of food, and migration will continue to escalate into humanitarian crises that will strain government resources around the globe and especially within the Pacific. In the Solomon Islands, the combination of various adverse impacts of climate change led to armed conflict, requiring the deployment of the Regional Assistance Mission to Solomon Islands (RAMSI). As environmental migration is usually internal and short term, the possible for instigating conflict is quite minimal. Yet, unstable urban and rural demographics are related to higher risks of civil war and low level communal conflicts during periods of environmental stress are common. The Future of Pacific Islands The Survival of Pacific Islands Environmentalists have warned that the effects of climate change, caused by a build-up of greenhouse gases in the atmosphere, will include thermal expansion and a meltdown of glaciers. That could lead to the rising of the sea level and extreme weather events and disasters, and would be devastating for countries such as Bangladesh, India, Vietnam and China. However, the small nations of the Pacific, where some of the worlds lowest-lying islands are situated, would be the first to be swamped. Those considered mostly in danger, as well as Kiribati, are Vanuatu, the Marshall Islands, Tuvalu, and parts of Papua New Guinea. Dozens of families have been forced to move, dismantling their wooden huts piece by piece and reassembling them further back from the water. Now the population is being squeezed into an ever narrower strip of land between the lagoon and the Pacific. Environmentalists have predicted that the effects of rising sea levels will be borne disproportionately by the worlds most poor countries, which make a insignificant contribution to climate change and are least well equipped to adapt. A report this month by the CSIRO, Australias government scientific organisation, forecast that climate change in the Asia-Pacific region could see the rising of sea level by up to 19 inches by 2070. So, there are possibilities that small islands states in the Pacific islands could be sunk in the future. So, what are the options that the Pacific islands have? For those islanders who are worried about the future, have been leaving their island for other Pacific states like Australia and New Zealand. In the case of the New Zealand, their government has a scheme entitled Pacific Access Category (PAC) that allocate up to 75 Tuvaluans per year to settle in New Zealand as Climate Changed refugees. According to Oxfam, in order to overcome or at least reduce the impact of climate change, they have outlined a few adaptation projects. Among the adaptation are protective planting, crops diversifications, water harvesting, irrigation and water reservoirs, community climate-proofing programmes and so forth. In the protective planting what they do is they plant trees to combat erosion problem. For example, in Tuvalu, work is being done in response to the flooding of agricultural land. Communities are drawing on local knowledge, with a strong focus on planting mangroves to stabilise the coastal environment. Activities like this are developed using local peoples traditional methods rather than new and unfamiliar ones. Moreover, on Fiji and Kiribati, mangroves are being planted to stabilise coastlines and riverbanks to help combat the effects of erosion. On the other hands, in crop diversification programme, the Members of the Tuvalu Climate Action Network (TuCAN) are looking at climate adaptation initiatives to address issues like coastal erosion and food security. Root crops like taro take years to be harvested; with the current sea surges, the salty water gets into the taro pits and kills the plants. The group is looking at bringing in species from other countries to help overcome this problem. Climate change adaptation in the Pacific involves, among other projects, rainwater harvesting and desalination. The Tuvalu governments Water and Sanitation Strategy includes the construction of around 300 large rainwater tanks in the capital, Funafuti. Households are instructed in the maintenance of roof catchment and guttering and the management of the collected water for domestic use. Following the Samoa tsunami in 2009, Oxfam provided affected families with rainwater harvesting materials. Guttering and collection tanks were provided for families who had relocated inland, and the system was incorporated into the design of new homes. This means an ongoing supply of clean water, with communities able to respond to future water shortages. Small grant schemes in Vanuatu, Fiji, Samoa, Solomon Islands and Tonga provide funds for community-initiated climate change adaptation projects. In Tonga, Samoa and Vanuatu, communities have increased their water storage capacity by constructing rainwater tanks. On the drought-prone island of Aniwa in Vanuatu, communities have built small solar desalination stills capable of producing enough fresh water for drinking. In the Pacific islands itself, there are many innovative community-based projects initiate by Oxfam that aim to climate-proof villages and develop resilience to the impacts of climate change and natural disasters. For instance in Fiji, the Fijian village of Korotarase is located on low-lying, swampy land alongside a river and beach on the northern island of Vanua Levu. In March 2007, heavy upstream rainfall combined with a king tide and the village was flooded. The people of Korotarase have since joined with five other Fijian villages and are working to climate-proof their homes and communities in preparation for future impacts caused by tidal surges, coastal erosion or flooding. They are trialling salt-resistant varieties of staple foods such as taro; planting mangroves, native grasses and other trees to halt coastal and riverbank erosion; protecting fresh water wells from salt-water intrusion; and relocating homes and community buildings away from vulnerable coastlines. Another example is Kiribati. The Republic of Kiribati is one of the worlds least developed countries (LDCs). The low-lying nation is made up of 33 atolls and reef islands stretching 5000 kilometres across the central Pacific. The Kiribati Adaptation Program is made up of a range of actions, including raising awar
Sunday, January 19, 2020
Police Use of Force Essay
Police use of force is a tool that is taught to every Officer to help diffuses a situation, it is not meant to do harm, but to ensure the safety of the Officer and the people that are involved in the situation. In some rare cases there are Officers that abuse their power and with the use of excessive use of force on individuals is an issue, Officers not thinking of what the effects it has on the victim, the alleged perpetrator or the community that it occurs in. The ethical or unethical use of force is determined by the community, society, and often a judge and jury. Todayââ¬â¢s society there are often electrical devices that capture uses of force which are often used against Law Enforcement, these devices often capture a use of force that had gone bad like in the Rodney King case for example . The Misuse of authority like in the case against Chief Charlie Beck in the Los Angeles Police Department the outcome and concerns with a case like this. The cause and effects of Police use of force in our society and the ethical and unethical outcomes it has. Police Use of Force Use of force is the ââ¬Å"amount of effort required by police to compel compliance by an unwilling subject.â⬠(National Institute of Justice) Police are given this special tool to help enforce their safety and the safety of others when in a dangerous situation, they are taught this through education and training that is kept up yearly to ensure they are the best they can be at all times. The ways that an officer can use force is verbally, physical-restraint, less-lethal force, and when necessary lethal force. ââ¬Å"Police officers should use only the amount of force necessary to control an incident, effective arrest, or protect themselves or others from harm or death.â⬠(National Institute of Justice) Unfortunately, at times there are some police officers have felt that they are above this rule and have used excessive force in unnecessary situations. This is a problem both ethically and lawfully. One of the most famous cases where use of force was abused is the Rodney Kin g beating, this case was national news. This case was a use of force that had accrued in California with the LAPD. Their Police Chief Charlie Beck is being accused of letting officers who have used excessive force go unpunished. It is important for all law enforcement officers to only use force when absolutely necessary and all verbal commands have been expired. In todayââ¬â¢s society there is always someone watching and often with some type of recording device recording all actions of Law Enforcement to catch them in an unfavorable situation. Violating use of force protocol is unethical because it does harm to people who do not deserve it, itââ¬â¢s not just the physical damage it can do but the mental as well. It would also be viewed as unethical because it is not for the greater good or overall happiness of everyone. It also appears to makes the police officer look untrustworthy and uncontrollable. This was what happen in the case for Rodney King, who had beaten by three police officers while their supervisor watched. Unfortunately Mr. King was beaten with metal batons, stomped on, and kicked as he lay on the ground defenseless. King was being arrested after sending police on a high speed car chase, that could have injured many innocent bystanders, but that does not justify the actions that were taken upon him. While the officers were trying to arrest him, Mr. King had put up a fight, resisting arrest, so the Officers, shot him twice with a stun gun, unfortunately still he resisted. When he finally rose to his feet, t his is when the beatings began. Unfortunately for the Officers but fortunately for Mr. King, all of this was caught on tape. Even though it was apparent what the Officers had done to be unethical when the case went to trial all of the officers were found innocent. This verdict caused such outrage with many people who followed the case that soon after the verdict was announced riots erupted all over Los Angeles. This is a perfect example of society losing faith in our Criminal Justice System they see the proof of what the Officers had done wrong yet they hw were not held accountable for their actions. When things like this are released it makes our justice system look sloppy, unprofessional, and most importantly unethical. It is understandable that the officers were probably upset that King had sent them on a dangerous car chase and resisted arrest; however, once he was subdued they should have put the cuffs on him, and placed him in the police car, and take him away. Instead, it looks like these officers took out their frustrations on Rodney King brought justice they felt he deserved into the street without a judge or his peers or a right to a fair trial. This would be seen as unethical because it was not for the overall happiness of everyone, it did not do any good, and the officers did not follow by the rules. They took themselves and placed themselves above what society feels to be acceptable and they broke that trust. Another ethical case involving use of force is also in Los Angeles, California. This is a recent problem involving the Chief of Police Charlie Beck. Beck is being accused of not punishing police officers who have used excessive force. ââ¬Å"Since Beck took over as chief in late 2009, the commission has ruled on about 90 incidents involving officers who fired weapons or used other deadly force. In almost all of them, Beck concluded the officers used force appropriately and urged the commission to clear them of wrongdoing. The board followed his guidance most of the time.â⬠(Rubin) However, four shootings that involved three people being killed and another three wounded by gunfire the commission did not agree with the Chief. This did not persuade Beck to invoke punishment to the officers involved in the shootings. He agreed that one of the officers had been wrong in his choice to fire, but still did not punish him. The commission fears that the lack of punishment toward officers who use excessive force could be sending out the wrong message to members of the LAPD. I would agree with the commission that Beck is sending out the wrong message. If an officer is already lacking good moral judgment when faced with a dangerous situation they may over-react to it if they know there are no consequences for their actions. ââ¬Å"Every day, law enforcement officers face danger while carrying out their responsibilities this is something they decided to do take an oath and are to abide by what they have been taught and represent. When dealing with a dangerousââ¬âor unpredictableââ¬âsituation, police officers usually have very little time to assess it and determine the proper response.â⬠(United) We can make sure that when faced with these situations police officers make the right decision through proper training. Such training could include knowing the Use of Force Model. As taught this model is a guide to what use of force actions are appropriate for each situation and should be carried out in such a manner. For example, if someone is assaultive (trying to cause bodily harm) the officer should use defense tactics to subdue the individual first trying all verbal communication before resulting in a physical altercation. Another training guide that is used is the Police Training Model, which w as created in 1999 by PERF and the Reno Police Department. This model ââ¬Å"addresses the traditional duties of policing in the context of specific neighborhood problems and includes several segments on the use of force.â⬠(United) It is very important for police officers to make ethical decisions while in the field. It is important because it is their duty to protect and serve. It is also important because we as citizens look up to law enforcement and if they are caught doing something unethical it can ruin the respect and trust we have in law enforcement. When faced with dangerous or a tough situation police officers need to be trained to quickly make the best and most ethical decision possible. Police officers like those who beat Rodney King should be punished and made an example of. It is not ethical to hurt someone just because you have the power to. ââ¬Å"The criminal justice system is designed to enforce moral rules that have been written into the criminal law. Aristotle believed that justice consist of giving each person his or her dueâ⬠[ (Jay.S, 2013) ]. Maybe the Police Officers in both cases felt they had to take on the ethical teachings of Aristotle. When looking at todayââ¬â¢s society and if you go back as far as there is written proof the court systems and law enforcement rules and regulations have grown and developed into more evolved court system and law enforcement for society to follow. At one time it was not unethical to flogged or whip a person, this was to deter them from committing future crimes, this is where Officers like the ones in these cases may have gotten by with physical abuse and unnecessary of force. Fortunately for us as citizens we have constitutional rights and there are laws in place to protect us from unnecessary use of force and the citizens of The United States of America are allowed their freedom, a speedy trial among a group of their peers fair, representation and the right not to be harmed by those who hold authority by law in which they represent. We have ethical responsibility s citizens to follow the rules and regulation of our count try and they s Law Enforcement Officers have n ethical obligation to lead by example. References 1. Harari, O. (1993). Lessons from the Rodney King tape. Management Review, 82(8), 20. 2. Jay.S, A. (2013). Professional Ethics In Criminal Justice Being Ethical when no one is looking. 3rd edition. In A. Jay.S, Professional Ethics In Criminal Justice Being Ethical when no one is looking. 3rd edition (pp. 1-153). Upper Saddle River : Prentice Hall /Pearson. 3. Jefferis, E., Butcher, F., & Hanley, D. (2011). Measuring perceptions of police use of force. Police Practice & Research, 12(1), 81-96. doi:10.1080/15614263.2010.497656 National Institute of Justice. ââ¬Å"Police Use of Force.â⬠National Institute of Justice. Office of Justice Programs, 20 Jan. 2012. Web. 19 July. 2013. . 4. Matheson, V. A., & Baade, R. A. (2004). Race and Riots: A Note on the Economic Impact of the Rodney King Riots. Urban Studies (Routledge), 41(13), 2691-2696. doi:10.1080/0042098042000294628 5. Rubin, J. (2012, 04 16). Beck facing rare criticism Improper use of force is tolerated too often, police panel says. Retrieved from Los Angeles Times : http://articles.latimes.com/2012/apr/16/local/la-me-beck-discipline-20120416 6. Rubin, Joel. ââ¬Å"LAPD to Hold Meetings on Use-of-force Policies.â⬠Los Angeles Times. Los Angeles Times, 10 Sept. 2012. Web. 21 July 2013. . 7. Stuart, F. (2011). Constructing Police Abuse after Rodney King: How Skid Row Residents and the Los Angeles Police Department Contest Video Evidence. Law & Social Inquiry, 36(2), 327-353. doi:10.1111/j.1747-4469.2011.01234.x 8. United States Department of
Saturday, January 11, 2020
Consumer-Directed Health Care and The Disadvantaged
Writing from his aerie as a law professor at Georgetown, M. Gregg Bloche takes a dim view of high deductible coverage, tax-subsidized health savings accounts (HSAââ¬â¢s), recently added to the payment mix for health care in America.à He reasons that the poor and minorities (all too often one and the same) generally earn too little to set aside money in consumer-directed health plans (CDHP), they have imperfect information, they lack access to the best-quality health care, and they may well wind up subsidizing the inpatient costs of the middle and privileged classes.à The author suggests relieving the burden on the poor by providing them more lavish tax subsidies, charging well-off patients more for their health coverage, and giving the poor advantageous prices for ââ¬Å"high-valueâ⬠care.Where the Case for the ââ¬Å"Disadvantagedâ⬠Falls ShortUltimately, Bloche rests his arguments on a shared philosophy of shouldââ¬â¢s and oughtââ¬â¢s, that a civilized soci ety must ensure equal access to the best medical care.à This is a perilous stand, an ideal paradigm of social justice that has extremely elastic boundaries.à As a law teacher, Bloche is concerned chiefly with equity.à Taken to a logical conclusion, such a stand obligates health care leaders to provide addicts disposable needles as the Dutch do (and never mind if they do not want to enter a rehab facility), make injected opioid therapy freely available to heroine addicts (Britain), and permit legal abortion to teenagers without benefit of parental consent (U.S.).à In short, the author may be well-meaning but he presents his case in the realm of political and legal ideology.America has always stood for protection of the oppressed.à Given how minorities have suffered bias, prejudice and outright repression, Bloche argues, their poverty is not of their own making.à They should not be forced to pay for health care by digging into money they need for basic necessities: f ood, shelter, and utilities.à This argument is weak in three respects.First of all, the income disparities are not as wide a gulf as he makes them out to be.à In the 2005 Census, mainstream White households had median incomes of $49,000 (Census Bureau, 2006) compared to $34,000 for Hispanics and $30,000 for Blacks. But the real story is that the fastest-growing minority, Asians, recorded a median income exceeding $57,000.à Here is a minority that has endured prejudice and residential segregation too but has pulled itself up by its collective bootstraps in America.Second, African-Americans may be twice as likely to be unemployed (8%) as Caucasians (4%) but they are only slightly more prone to go ââ¬Å"bareâ⬠where health insurance is concerned:In 2004, 55 percent of African-Americans in comparison to 78 percent for non-Hispanic Caucasians used employer-sponsored health insurance. Also in 2004, 24.6 percent of African-Americans in comparison to 7.9 percent of non-Hispan ic Caucasians relied on public health insurance. Finally, in 2006, 17.3 percent of African-Americans in comparison to 12 percent of non-Hispanic Caucasians were uninsured (Office of Minority Health, 2007).While conceding the fact that a good one-fourth of African-Americans rely on public health insurance, the comparable incidence is just 4 percent to 11 percent for Asians and this is notwithstanding the fact that some of the latter are unemployed or live below the poverty line.Third, Bloche also wears blinders in conveniently ignoring the fact that CDHPââ¬â¢s are only one element in the insurance or subsidy mix that include Medicare and Medicaid.à He argues for subsidies and tiering to favor the poor but, in conceding that these will probably not gain traction, he raises a straw man of despairing liberal ideology without offering a workable alternative.Hence, the flaw in his argument ensues: ignoring the fact that CDHPââ¬â¢s are voluntary.à In an analysis conducted at on e multi-choice firm, Greene et al. (2006) revealed that those who elected the high deductible CDHP (there was a low-deductible option) were healthier anyway and were better educated than those going with Preferred Provider Organizations (PPO).One concedes that the promise of marketplace reform in lieu of government-imposed restructuring dating from the Clinton presidency has not succeeded yet (Gordon & Kelly, 1999).à Health care costs continue to spiral out of control and there are quite simply not enough physicians and nurses to render meaningful, high-quality care all around.à And yet, Bloche as outsider can perhaps be forgiven for not knowing about the existence of charity wards (overcrowded through they are) and the fine coordinated care that goes on all the time in teaching hospitals.The latter quickly shows up on the bills of insured and paying patients but may proceed behind the scenes without indigent patients necessarily knowing about it.à For this is, in essence, the most humane of professions.à This is also why Blocheââ¬â¢s fear that those at the frontlines, in emergency and outpatient services, will refuse to at least inform indigent patients about high-value tests and treatments is refuted in daily practice.One can rely on the innate high empathy of medical practitioners to discern when patients decline care due to cost, and hence to counsel patients that certain ââ¬Å"savingsâ⬠may put them at risk (White, 2006).à In fact, access to high-value preventive care (for e.g., diabetics, the hypertensive, those at risk for stroke) has been addressed by HCA rules that explicitly mandate ââ¬Å"first-dollar coverageâ⬠for preventive care.à This includes those needed for control of chronic disease (Baicker, Dow & Wolfson, 2007).That said, talent does go where the money is and paying or well-covered patients have readier access to diagnostic tests and therapies.à Until the government can budget the sums necessary to transf orm the healthcare system to a welfare state like the British NHS or the Nordic nation models, both White and minority citizens must earn their keep with the kind of hard work, business acumen and economic rewards needed to purchase adequate coverage.ReferencesBaicker, K., Dow, W. H. & Wolfson, J. (2007). Lowering the barriers to consumer-directed health care: Responding to concerns. Health Affairs, 26(5), 1328-32.Census Bureau (2006) 2005 census: Household incomes by race. Retrieved March 14, 2008 fromGreene, J., Hibbard, J.H., Dixon, A. & Tusler, M. (2006). Which consumers are ready for consumer-directed health plans? Journal of Consumer Policy, 29(3), 247-262.Gordon, C.G. & Kelly, S.K. (1999) Public relations expertise and organizational effectiveness: a study of U.S. hospitals. Journal of Public Relations Research 11, 143.Office of Minority Health (2007) Asian-American profile. U.S. Dept. of Health and Human Services. Retrieved March 14, 2008White, B. (2006). How consumer-driven health plans will affect your practice. Family Practice Management, 13(3), 71-8.
Friday, January 3, 2020
The Importance Of Proper Sexual Education On Sex - 1015 Words
Kaislyn Lyons Mr. Ray English 1301.3 20 November 2015 The Importance of Proper Sexual Education In life, high school especially, sexual education is very important and can truly impact a personââ¬â¢s life. Improper education on sex can lead to many life-changing mistakes. These blunders can be avoided with proper knowledge. Although students should be encouraged to remain abstinent, they should still be taught about contraception and practicing safe sex. With proper sexual education, abstinence rates will increase and the numbers of teenage parents will decrease. In todayââ¬â¢s society, sex is everywhere. It is on TV, in music, in novels, magazines, and even hidden. As a teenager, peer pressure also has a very strong presence. Kids are encouraged by their peers to look a certain way, act a certain way, belief certain things, and change themselves to fit in with the ââ¬Å"normâ⬠. Whenever they do not meet the standards of society they are teased for being different. This negativity increases when it comes to the topics of sex. Just because an individual has chosen to abstain for sexual activity, they are dubbed an outcast. Their beliefs and strong morals come back to bite them in the presence of their peers. Premarital sex is often glamorized. Teens are shown that engaging in sex is ââ¬Å"coolâ⬠despite the risks. This obscure view is due to a lack of information and proper education. Many schools often shy away from the subject of sex. Parents also shut out the topic. This leaves teens to lookShow MoreRelatedThe Effects Of Teen Sexual Activity On The United States986 Words à |à 4 Pages Introduction Most of us are familiar with the alarming statistics about teen sexual activity in the United States. Among high school students, 54 percent (including 61% of boys and 48% of girls) say they have had sexual intercourse. According to a 1992 Center for disease Control Study. The # of 9th Graders who say they ve had sex is 40%. In the past two decades, there has been an explosion in the # of sexually transmitted diseases. 12 million people areRead MoreSexual Education in Public Schools760 Words à |à 3 PagesSexual education has long been a topic of debate among many different in our American society.à The public schools system offers sexual education or sex ed to all students, and offer parents the option to exclude their children from these class rooms.à Discussions to making these classes mandatory has drawn some positive supports and negative supports in the forum disputes of sex education topic.à Due to the high number of teen pregnancies (As of 2012, the teen birth rate wa s 29 births per 1,000 teenRead MoreIs Sex Education Bad For Adolescents? Essay1526 Words à |à 7 PagesSex education has historically been a controversial topic in the United States. Questions like: Is sex education bad for adolescents? How much should young adults know about sex? And will sex education lead to increased sexual activity? 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Eitherà these young adults areà being illà informed, simply just do not care or are not receiving proper education on the topic of sex and its many pros and cons.à EachRead MoreAbstinence Only Programs For Public Schools1383 Words à |à 6 Pagesadvocatesforyouth.org, ââ¬Å"abstinence only education teaches students to abstain from sex prior to marriage.â⬠These program has been proven to be ineffective. Abstinence only education is ineffective because it is not conducive in reducing teen pregnancy rates and sexually transmitted diseases rates. Abstinence only programs are less likely to teach students about birth control and contraception and how to access it. These programs has not been shown to reduce teen sexual activity. Abstinence only programsRead MoreWhat is Sex Education Today? Essays705 Words à |à 3 PagesWhat is sex education today? 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Another significant reason for the importance of STD prevention is nearly half of the new cases of infected individuals are young adults between the ages of 15-24 (URead MoreThe Controversial Issue Of Sex Education965 Words à |à 4 PagesIn the early 1960ââ¬â¢s the controversial issue of sex education started to become a more prevalent conversation among educators and parents alike when the Food and Drug Administration approved the sale of oral contraceptives(Szustek, 2009). Though the topic was previously being discussed as early as mid to late 19th century, it was not deemed completely necessary or an appropriate topic for school aged children prior to this point. In the United States more than 750,000 girls between the ages of 15-19
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