Female Genital Mutilation (FGM) Policy Analysis

Female Genital Mutilation (FGM) Policy Analysis Policy Analysis on Female Genital Mutilation FGM The policy on Female Genital Mutilation (FGM), adopted by the Human Rights Commission of Ontario, Canada, in 1996 (and further revised it in 2000) acknowledges the practice as an internationally recognized violation against women and girls human rights and looks at the domestic implications of Canadas obligations as a signatory to international conventions and treaties which recognize FGM as a human rights violation. The policys focus is on the practice of FGM in Canada by immigrant groups who have brought the practice to the country from their countries of origin in Africa and parts of the Middle East and Asia. The policy looks at human rights issues as well as health, social and criminal law concerns. The Ontario Commission acknowledges the complex social and cultural roots of FGM and the need for dialogue and education initiatives within the at-risk communities in Ontario and across Canada. However, it underlines that arguments based on a defence of cultural or religious values sh ould not be accepted as justification for the practice, nor for discriminating against women who have been subjected to, or perceived to have been subjected to, genital mutilation. Significantly, immigrant groups and advocacy organizations in Canada have acknowledged the need to deal with FGM as an internationally recognized health and human rights concern. This essay will first of all define FGM and look at the reasons the practice has survived in some regions despite international condemnation. It will also give a summary of the key elements of the Ontario Commissions policy, the arguments it uses to justify its actions and also show that in this case, the need to protect and promote the rights of women and girls is more important than concerns of cultural imperialism. The policy adopted by the Human Rights Commission of Ontario on FGM is based on the over-arching argument that the importance of good health to a womans well-being and that of her family and society cannot be overstated. Without reproductive health and freedom, women cannot fully exercise their fundamental human rights, such as those relating to education and employment. Womens disproportionate poverty, low social status, and reproductive role expose them to high health risks, resulting in needless and largely preventable suffering and deaths. The benefits of eliminating the harmful and painful practice of FGM are easily demonstrated, yet the practice persists for cultural and traditional reasons. FGM is a gender-specific violation of the rights of girls and women to physical integrity. Over the years, FGM has become recognized not only as a health hazard and a form of violence against women and girls, but also as a human rights issue under international law. Efforts at the international level, particularly by United Nations agencies, have placed FGM on womens health and human rights agendas. FGM is practised by many ethnic groups, from the east to the west coast of Africa, in southern parts of the Arabian peninsula, along the Persian Gulf and among some migrants from these areas in Europe, Australia and North America. It has also been reported in some minority groups in India, Malaysia and Indonesia. In these societies, FGM is considered a rite of passage preparing young girls for womanhood and marriage. However, often performed without anaesthetic under septic conditions, FGM or female circumcision as it is sometimes called, can cause death or permanent health problems as well as severe pain. Despite these grave risks, its practitioners look on it as an integral part of their cultural and ethnic identity, and some perceive it as a religious obligation. The most severe form of FGM, infibulation, which involves removal of the clitoris, results in trauma that is repeated after each childbirth. In many communities FGM is believed to reduce a womans libido, and thereby is further believed to help her resist illicit sexual acts. Cultural ideals of femininity and modesty, which include the notion that girls are clean and beautiful is also another reason for which FGM is carried out (WHO). The practice has been condemned in many international fora and by womens groups as a manifestation of gender inequality and an attempt by society to exert total control over women. In countries where FGM is widely practised, however, it is often supported by both men and women, usually without question, and anyone departing from the norm may face condemnation, harassment. It is often practised even when it is known to inflict harm upon girls because the perceived social benefits of the practice are deemed higher than its disadvantages (UNICEF, 2005a). Though no religious scriptures prescribe the practice, practitioners often believe it has religious support. Religious leaders take varying positions with regard to FGM: some promote it, some consider it irrelevant to religion, and others contribute to its elimination. In most societies, the procedure is considered a cultural tradition, which is often used as an argument for its continuation (WHO). Local structures of power and authority, such as community leaders, religious leaders, circumcisers, and even some medical personnel can contribute to upholding the practice. The age at which the procedure is performed varies depending on the ethnic group and location. It is sometimes performed on babies, more commonly on girls between ages 4 and 8, but also in adolescence, or as late as the time of marriage or during the first pregnancy. Adult women are under pressure to submit to it in order to ensure the status which marriage and childbearing confer and to demonstrate solidarity with fa mily and community. Younger women and girls have no choice at all (UNFPA). The Human Rights Commission of Ontario has successfully and forcefully used several arguments to make its case against the practice of FGM among minority communities living on Canadian territory. International Law: FGM has been condemned by numerous international and regional bodies including the United Nations Commission on Human Rights, the United Nations International Children Emergency Fund (UNICEF), the Organization of African Unity and the World Medical Association. In 1995, the Platform for Action of the World Conference on Women in Beijing included a section on the girl child and urged governments, international organizations and Non-governmental groups to develop policies and programmes to eliminate all forms of discrimination against the girl child including FGM. The United Nations Declaration on the Elimination of Violence Against Women defines violence against women as encompassing, inter alia, female genital mutilation and other traditional practices harmful to women. The Commission underlines that in various African countries where the procedure is performed, comprehensive action plans have been developed by womens groups to attempt to eliminate the practice- although overall progress has been slow. FGM has been outlawed in Sudan since 1946, but it continues to be widely practised. In Burkina-Faso and Egypt, resolutions were signed by the respective Ministers of Health in 1959, recommending that only partial clitoridectomy be allowed, and decreeing that it be performed only by doctors. In 1978, as a direct result of the efforts of the Somali womens movement, Somalia established a Commission to abolish infibulation. In 1984, participants from twenty African countries, as well as representatives of international organizations attending a seminar in Dakar, Senegal, on Traditional Practices Affecting the Health of Women and Children and recommended that the practice be abolished. African states acknowledged that there was a need to establish strong, on-going education programmes for meaningful progress towards elimination of the practice. Rights of the Child: The policy points to the link between FGM and the rights of the child, saying that the Convention on the Rights of the Child asserts that children should have the possibility to develop physically in a healthy and normal way, with adequate medical attention and be protected from all forms of cruelty. The Convention establishes the rights of children to gender equality, to freedom from all forms of mental and physical violence and maltreatment and to the highest attainable standard of health. An article of the Convention explicitly requires States to take all effective and appropriate measures to abolish traditional practices prejudicial to the health of children. FGM and health rights: The physical and psychological health complications resulting from genital mutilation of women have been extensively documented. The partial or complete loss of sexual function constitutes a violation of a womans right to physical integrity and mental health. Domestic implications of international human rights law: the Commission argues that since Canada plays a prominent role in the international arena as a supporter and promoter of womens human rights and is a signatory to over twenty major international conventions and treaties, the province of Ontario would be in compliance with its obligations by taking steps to eradicate this practice. Domestic or national courts are required to interpret implementing legislation in conformity with international convention insofar as the domestic legislation permits. This is also the case in Europe where legislation prohibiting the practice of FGM exists in Sweden, France and Great Britain where the procedure carries a penalty of imprisonment. Criminal Law: The Criminal Code can be used to control the transportation of female children outside the country for the purpose of obtaining FGM. A memorandum was issued to all Chiefs of Police and the Commissioner of the Ontario Provincial Police, stating that FGM is a criminal offence. In 1997, FGM was included in the Criminal Code and put under aggravated assault- any person who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years. If a parent is present and is in agreement with the act of FGM being performed on their child as well as if the parent performs the operation themselves can be convicted. Duty to report: In Ontario, a duty to report FGM exists under the policy of the College of Physicians and Surgeons of Ontario (CPSO). Under the CPSO policy, the performance of female circumcision, excision, infibulation and/or reinfibulation by a physician licensed in Ontario, unless medically indicated, would be regarded as professional misconduct. Under Ontarios Child and Family Services Act,42 there is a duty to report information with respect to a child who is in need of protection. This duty exists despite the provisions of any other Act. If a person has reasonable grounds to suspect that a child is or may be in need of protection, the person is obliged to report the suspicion to appropriate authorities. The Ontario Human Rights Code: The Ontario Human Rights Code, recognizes the inherent worth and dignity of every person in Ontario. The creation of a society in which all persons can live and work in an environment that is free from discrimination is central to the policy objectives of the Ontario Human Rights Commission in virtue of the Code. There are new immigrants to Canada who may not be aware that some of their traditional or culturally rooted attitudes and values may result in practices that are clearly in conflict with Canadian law, including the Ontario Human Rights Code. FGM is practised within certain immigrant groups- where the families might not consider the operation as a form of physical or sexual abuse. The Commission does recognise the need to treat such issues in a sensitive manner and to educate the public on human rights issues. The need to work with communities: The Commission acknowledges the complex social and cultural roots of FGM and the need for dialogue and education initiatives within the at-risk communities in Ontario and across Canada. However, it is the Commissions view that arguments based on a defence of cultural or religious values should not be accepted as justification for the practice, nor for discriminating against women who have been subjected to, or perceived to have been subjected to, genital mutilation. The Commission is committed to working with members and organizations of the at-risk communities, as well as with other agencies in the public sector in developing public education initiatives around FGM. The efforts of the Commission, together with those of the affected communities and concerned organizations, can help to create an environment in which people are encouraged to eradicate the practice, without imposing a threat to the dignity and cultural identity of the affected communities. The Commissions focus is very correctly on eradicating FGM among immigrants in Toronto which are from the regions where FGM is practised. It is estimated that there are 70,000 immigrants and refugees from Somalia and 10,000 from Nigeria. Reliable statistics on the incidence of FGM are not available. However, based on discussions with members of the communities that are at risk, there is some evidence to indicate that FGM is practised in Ontario and across Canada and that in some cases, families from those communities send their daughters out of Canada to have the operation performed. The Commission is working with local non-governmental groups to spread the message. The National Organization of Immigrant and Visible Minority Women of Canada has prepared a workshop manual for health care workers and facilitators working with communities that have traditionally practised FGM. The aim is to educate participants about the health and legal consequences of FGM, to correct misperceptions and fallacies about the tradition and to support efforts to eradicate the practice. As there were no co-ordinated efforts between various professionals and institutions, and no consistent policy in Canada regarding FGM, members of affected communities requested that the Minister Responsible for Womens Issues establish an Ontario FGM Prevention Task Force. The Task Force, an inter-ministerial/agency/community initiative, was mandated to develop and recommend strategies and policies designed to provide support for girls and women who have been subjected to FGM, to prevent the practice, and to support community work by, and for women affected by genital mutilation. The focus is not on imposing a foreign value system (the concept of cultural imperialism) on societies in Africa etc. but asking immigrants and religious groups which have come to live in Canada to act in accordance with the countrys concerns about the health of women and their reproductive rights. The policy is therefore based around the idea of the empowerment of women and of ensuring an end to discrimination. The Commissions policy has had a direct impact on immigrant communities living in Ontario but also helped to publicise the problem in other parts of Canada and the world. In 1994, in a landmark ruling, Canada also became the first Western country to recognise FGM as grounds for granting asylum. The Human Rights Commission of Ontario has therefore taken a courageous and ground-breaking policy stance to tackle a serious violation of the rights of women.

Pornography Addiction Essay

When most people admit that they are addicted to pornography, it would most probably be internet pornography, although all other types of pornography may be valid too. The progress of pornography addiction is extremely high with access to Internet. This is because Internet provides a huge amount of unlimited pornography, with varying levels of graphic content. Internet porn addiction reaches newer levels for an individual in a quick time. Before the individual could realize the changes on himself, he would be browsing at things he would have never expected. Porn in every forms like movies, magazines and billboards produce negative effects on an individual. A sense of shock, shame and hopelessness develop within an individual which may require treatment or rehabilitation. The level of porn sought by an individual is always sequentially increased. As the addiction to porn is increased, higher level and more explicit levels of content are sought. As an individual views the porn content at a particular level for a certain amount of time, his body would gradually seek a higher and more extreme content. The body wouldn’t be satisfied with the currently viewed content and demands more (NLH, 2007). Pornography viewing would always lead to sexually gratification acts like masturbation. Masturbation is only the start of self satisfaction, as a result of pornography viewing, from where it can get worse. Pornography is an addiction like drugs, however de-addiction from pornography is considered more difficult compared to drugs. Pornography addiction is closely associated with masturbation, which has its own physical and mental health effects. The sexual organs are intended to bring pleasure when partners engage in acts of love making. However, when one is addicted to masturbation, there isn’t a bond of love with the partner, but only a bonding with ones own fantasies. Addiction to masturbation too generates sense of guilt and shame apart from making one feel unconfident in the presence of other people. Pornography and masturbation addictions only enhance and facilitate each other, and none can be stopped when the other is going steady. Even when porn is not viewed, masturbation would continue, by recollecting images stored in the head. Even after a considerable amount time is spent without pornography, and with continued masturbation, one would feel a sense of reduced arousal. The individual then starts to seek porn again. The progressive nature of pornography was identified about 25 years back by Dr. Victor Cline who maintained that an addicted person’s needs are increased both in terms of frequency and in deviancy. It is estimated that about 3 to 6% of Americans are addicted to porn. Online pornography is a major cause of divorce, which was not associated with divorce until about seven to eight years back. The justice department estimates that about 9 out of 10 children belonging to the age group of 8 to 16 have seen online pornography. Symantec, the software company has observed that about 47% of school children are recipients of daily pornographic spam (Weiss, 2005). The effects of pornography on children are evident from behavior scientist Ralph DiClemente’s observations that pornography develops to be a building block to a child’s emotional and mental development. The increasing influence of pornography on an individual is evident when an individual spends increasing amounts of time on porn content or seeks more extreme content material. Such people would require associating pornography with their real sex life. They require pornography for stimulation when engaging in sexual acts. There are several signs associated with pornography addiction which indicate development of negative and problematic effects. Worrying that others would find out your pornographic interests, feeling a sense of guilt and shame after using pornography, thinking of pornography even when not using it, are among the negative effects of pornography. With time, the use of pornography slips out of control and efforts to quit or limit pornography use would be unsuccessful (UTD, 2008). Addiction to pornography can result in neglect of responsibility or become less focused on your work or studies. Extreme use of pornography can also lead to emotional barriers with people you love and can also lead to loss of relationships. However, specialists involved in rehabilitation recommend changing routines and environments associated with pornography use and identifying the positive and negative consequences of using and avoiding pornography. Successful rehabilitation also require spending lesser time being alone; and looking for newer ways of confronting feelings like anxiety, loneliness, anger, depression and boredom. Activities that facilitate relaxation, enjoyment and refreshment should be encouraged. Mary Anne Layden, the co-director of the Sexual Trauma and psychopathology program at the Cognitive Therapy Center of University of Pennsylvania says, â€Å"Porn is the most concerning thing to psychological health that I know of existing today. The internet is a perfect drug delivery system because you are anonymous, aroused and have role models for these behaviors. To have drug pumped into your house 24/7, free, and children know how to use it better than grown-ups know how to use it — it’s a perfect delivery system if we want to have a whole generation of young addicts who will never have the drug out of their mind. † (Singel, 2004). Layden too feels that pornography addicts have a tougher time recovering from their addiction than cocaine addicts, as it is possible to get the drug out of the system for cocaine users, but it is impossible to remove pornographic images from the brain, where it would be embedded forever. To highlight the dangers of porn addiction, researchers are asking the Congress to undertake studies on porn addiction and also initiate a public campaign on the issue. At a hearing organized by the Senator Sam Brownback, anti-porn activists emphasized that Internet pornography is enticing children and hooking adults, thereby ruining families and jobs (AP, 2004). A psychologist even claimed that continued and free acccess to pronography would induce an afinity for deviated acts like group sex, sadomasochistic practices and even beastality. According to Virginia Tech professor, James Weaver, who is involved in studies on pornography impact, â€Å"We’re so afraid to talk about sex in our society that we really give carte blanche to the people who are producing this kind of material†. Weaver also pointed out that research on the impact of pornography on family and community life, is very limited. However, studies have shown that pornography addiction can lead to lowering of sexual satisfaction and loss of family values. Lost jobs, failed marriages and broken families are some of the effects attributed to Internet pornography. Internet pornography is spreading at rapid pace and all are vulnerable to this addiction. People take to pornography for several reasons including an attempt to escape the realities of life by self medication or sexual appetite. By taking to such addictions, a sense of satisfaction is obtained through the production and release of chemical substances by the brain and the body. The chemicals released by the brain and body include epinephrine, adrenaline, adrenocorticotropic hormone (ACTH), noradrenaline, norepinephrine and testosterone. Accessing pornography consistently would provide sexual arousal to the addict, such that when they are away from accessing porn for a considerable time, they suffer withdrawal symptoms (Tayder, 2006). These symptoms drive an addict desperately to seek porn, and the addict acts inappropriately to satisfy his needs. Sexual addiction or porn addiction may be defined as a condition in which any sexual behavior is associated with a recurring failure to control that behavior and its continued practice despite significant negative consequences (Goodman, 1998). The hypersexual behaviors associated with porn addiction can occur due to organic pathology. With an estimated 420 million adult content adult web pages, gone are the days when store open hours and secure hiding spaces had limited an individual’s porn activity. People who like to be always hooked up, have more at the click of their mouse. However, some specialists do not agree with the use of the word ‘addiction’ with regard to porn, preferring to use the word ‘compulsion’ instead. Although people would label themselves as porn addicts, based on outside inputs, the mental health professionals have no established standards to diagnose and calibrate porn addiction. Eric Janssen of the Kinsey Institute disapproves using the term ‘addiction’ for porn (Downs, 2005). He feels that treating them as addicts would not help them, in anyway. In this regard, Layden emphasizes that diagnosing problems like chronic gambling and substance abuse are similar to diagnoses of problematic porn use. Sex therapist Lounne Cole Weston attributes three main reasons as to why people take to pornography. They would like to act on their fantasies, avoid intimacy or just to facilitate masturbation. Sometimes people take to porn to fill up the gaps in their own sex life. For instance a person who loves oral sex and has a partner who hates it, would like to look at pictures of oral sex. Weston adds, â€Å"Then there are the people who are too embarrassed to explain what it is that they really would like to participate in, so they go there secretively, never having revealed to their mate what they would like to try†. The probability of an individual getting hooked to pornography today is much more than at any point of time, earlier. Both hard and soft pornography is much more graphic today. Adult films are easily accessible today like any other favorite film. Even music videos incorporate sex to increase their sales. TV programs now allow bikinis and semi nudes to appear freely. The sex scenes and chat shows which reveal all kinds of sexual perversions, only adds to the worsening climate on the status of porn. Just like the swim suits of today, which are more revealing, everything seems to be accepted without much complaining. During the 70s, the TV and films rarely showed people kissing. It is sad that some parents too don’t seem to be bothered by the developments. They feel that as the kids are someday going to see this, sooner or later, why not allow them now. Pornography is an important factor associated with sexual violence. The FBI report identifies hard core pornography as a common interest among serial killers. About 87% of child molesters are hardcore pornography addicts. When eight year old Jessica DeLaTorre was abducted, raped and murdered, it was committed by a porn addict, who had viewed child pornography the previous night. Many specialists agree that a very important ingredient in the development of a serial killer is fantasy. These gruesome killings are the results of such fantasies put into reality. This progress of fantasy into reality may be attributed to pornography. John Wayne Gacy had been a avid reader of homosexual magazines for which his second wife had divorced him. Pornography escalates the inner urge, which is present in all of us. This passion for sex is vastly accelerated by pornography, till the individual succumbs to satisfy that drive, without realizing what he is doing in the process. The desire for sexual gratification is dominant in all males, however killers who have not experienced sufficient intimacy in their childhood, attempt to control rather than being intimate during their sexual acts, and they begin to physically harm. The serial killer from Florida, Ted Bunty, recalled just before his execution how early exposure to pornography led him along the murderous path. He said that although he was responsible for his actions, the messages in the pornography contributed to his killings. To overcome pornography addiction, one must have a strong desire to achieve. A strong desire is important to prevent half hearted attempts producing little results. Along with a desire to change, one should also have a sense of commitment. The process of change requires commitment to the process, as the first step. There cannot be any program or instructions which can produce changes for you, when you are not committed to change. Avoid your low self-esteem from taking you back to addiction. Think positively and high of yourself, imagine yourself as a transformed new person. Understand the cause and effects phenomenon and realize that porn addiction is a syptom or effect and not the cause. The cause are the reasons which urge one to indulge in pornography. It is important to identitfy the people and places associated with biggest temptations to view porn and be extra cautious when confronting these. Like any other personal developments, porn addiction change needs to be realized in small manageable goals. Therefore one should set targets like wont be viewing porn for a week, etc.. Realizing such small goals, would provide an early onfidence and momentum. It is also important and helps significantly if the environment is adjusted to suit the deaddiction like getting rid of internet if internet is the main cause of porn viewing.

Monkey Drug Trials Experiment

Title: Monkey Drug Trials Experiment Authors: Deneau, Yanagita & Seevers Year: it was done in 1969 Purpose: The purpose of the experiment was to look at the effects of self-administration on drugs, drug abuse, and drug dependence in humans, by testing it on monkeys. They wanted to observe whether a monkey would become addicted to drugs or not, and to understand better the effects of drugs. Method: First a method was developed, to teach the monkeys how to self- administer the drugs through intravenous catheters.Then the psychologist injected the monkeys for the first time the drugs. Because they were several monkeys each one received a different drug, some received cocaine, morphine, amphetamines, nalorphine,mixtures, chlorprmazine, mescaline, codeine, pentobarbital, ethanol, and caffeine. The researchers observed a behaviour right afterwards the administration, and after some days they started to provided the prepared drug solutions to the monkeys to see, if they were going to self a dminister or not, afterwards they were already taught how to do it. Results:The results show that in consequence of the drug administration the monkeys became dependent on the drugs. The animals were out of their mind, that some tried desperately to escape and they broke their arms. The monkeys that took cocaine suffered convulsions, some other monkeys ripped off their own fingers (possibly because of hallucinations). Another monkey taking amphetamines took all of the fur from his arm and belly, and in the case of cocaine and morphine mixed, the monkeys died after two weeks. The psychological dependence of the drug effects occurs when the monkey oluntarily starts the self-administration of the drug. The monkeys developed psychological dependence on morphine, codeine, cocaine, d-amphetamine, pentobarbital, ethanol, and caffeine. All of the drugs except caffeine produced psychotoxicity. Monkeys didn’t created a psychological dependence on nalorphine, morphine-nalorphine mixture s, chlorpromazine, mescaline or physiological saline These experiments also showed that the monkey’s biological traits were similar to the human ones, and conclude that the key factor on drug abuse is the psychological dependence.The researchers founded the reason why drug abuse takes place and how can a psychological treatment will help people give up the drug addiction. Discussion: The experiment was very controversial because it was very unethical and the monkeys suffered a lot of pain, and in some cases died of overdose. The Helsinki declaration was founded in 1964 and since here they have been updating principles of good practice in this kinds of experiments. They say, â€Å"Welfare of animals used for research must be respected†. Since here the ethical views for non-humans subjects started.Later on the APA gave instructions to determine whether an experiments on animals is acceptable or not. For example animal research should not harm the animal or distress it on any way. If the researchers don’t follow this code, they wont be allowed to keep on with the experiment. In the case of this experiment was already done, but that’s why still now a days is very controversial and shocking, and is listed in one of the 10 most unethical psychological experiments. Personal opinion: This experiment in my opinion was useful to psychology.But I don’t agree with the methods that were applied. The researchers taught some behaviours to the monkeys that unless humans never show them how to do they will never do it by themselves, like self-administrating drugs, it is not something that in their natural environment are going to learn, so they are alienating the monkey from its normal behaviours. In my own opinion I know, that monkeys have very similar biological traits in compare to humans, and in this case I did find it useful because thanks to it, late in that times esearchers found the main key on drug dependence which is the psychologic al dependence the desire to always get more of the drug and feel what it makes you feel over and over again. Nowadays if they realize this experiment, we will say it’s not something new to humanity, that drugs create certain effects on the human body and clearly creates psychological dependence, but back in those days the use of drugs was just starting and this knowledge was not so obvious and known by so many people.I do agree it was unethical, doing those sort of things to the monkeys and probably In some cases there can be many differences between animal behaviour and human behaviour, therefore results for one another cannot be generalised. I would never do it, but after the realization of it, you analyse a little and the results are very useful, to act and treat on time a drug addiction. Sources * Psue76, â€Å"Monkey drug trails 1969† * Springer link â€Å"Psychopharmacology† * Mind power news â€Å" 10 most unethical psychological experiments† * Psychology Hawks â€Å"Psychology gone bad: when animals pay the price for  science. †

Essay Social Networking Within The Company - 1001 Words

Social networks such as Facebook and MySpace are known to connect people with long lost friends and family. It has also been known to connect people with similar interest together. The knowledge of social networking makes it easier for companies as a whole to benefit from the advantages of social networking. Businesses are starting to use business social networks such as LinkedIn and Ryze to acquire potential clients and other businesses with the same interest. Business social networks can be very beneficial to a company, by helping potential clients decide whether they are interested in the company’s services and assist employees on need to know information on the company without a delay. The advantages include but are not limited to,†¦show more content†¦According to Computer Weekly, â€Å"Knowledge is the life-blood of all businesses, and is arguably one of the few business assets that will not depreciate during a recession† (â€Å"Opinion and Letters† 6). A client is more probable to buy a product from a salesman that can answer most of the client’s questions concerning the product. An employee can lose potential clients by not understanding the product or the services provided by the company. Social networks can keep employees from giving false or old information to a client or potential client. Social networks can be used to conduct human resource task for employees also. Employees will be assessable to old pay check stubs and W2 information through a simple search. Employees will also be able to send information quickly and safely to a direct department. Social networks are the best way to find and create new contacts. Businesses hire a staff of telemarketers to acquire potential clients. Telemarketing can turn a potential client to a non-client. Most people do not what to be bothered with telemarketers and most times do not listen to anything a telemarketer has to say. Social networks are a better option to networki ng for businesses. It allows potential clients to come to the companies that interest them. Marshall Lager states in his article â€Å"Social Networking: Getting in Touch the CRM Way†, â€Å"A social network allows you to easily search yourShow MoreRelatedTitle : the Enhancement of Social Networking Tools in Business1099 Words   |  5 Pagesthrough networking, precisely social networking to enquire tremendous methods for problem solving. This study represents a research on the influence impact social networking tools has done to business environments. Studies have shown that most SMEs rise with the help of social network has developed its own platform to encourage entrepreneurs to exceed at the highest level possible to be able to compete in the major market. 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Effect Of Cohabitation On The Male And Females - 1287 Words

Today it is the order of the day to find people involved and living together in sexual unions without actually getting married. Research has it that over 60% of marriages today derive their basis form prior cohabitation. However, less than a half of such unions end up in marriages of if they end up in marriages; the marriages themselves are never satisfied. According to statistics, over 46% of marriages derived from cohabitation today results in divorce cases and the worsening effects is even higher when the couple involved have cohabited severally in the past. The impacts of cohabitation have no positive effects on the male and females involved or even the children. Studies indicate that cohabiting parents spend most of their moneys on drugs and alcohol irrespective of whether they have children or not (Bradley Corwyn, 2004). The aspects of living in cohabitation unions whether there is a definite plan to get eventually married does not indicate a better path for marriages as compa red to forthright marriages. Researches on marriage qualities between cohabitation and actual marriages show poor conditions for cohabitation unions in all the aspects of the wedding. An analysis of children health between those born from cohabiting and those taken from married couples indicate quite ill health from those children born from cohabiting couple (Osborne McLanahan, 2007). Furthermore, the relationships between the males and females involved in cohabitation going by research areShow MoreRelatedCohabitation and Its Effect on Rise in Divorce Rate1117 Words   |  5 PagesEffect of Cohabitation on the Rising Divorce Rate The rise of the divorce rate seems to be due to the lack of commitment or understanding of love and longevity in a marriage. Cohabitation can be defined as an arrangement whereby two people decide to live together on a long term or permanent basis in an emotionally and /or sexually intimate relationship (Brannon 2008). Cohabitation is seen as the best way to understand a prospective mate in terms of living and financial stabilityRead MoreThe Pros And Cons Of Cohabitation Before Marriage1563 Words   |  7 PagesThe Pros and Cons of Cohabitation before Marriage Introduction Social scientists have defined cohabitation as a situation where two adults, male and female live together in a relationship that is intimate and non-marital. The two make living arrangements without legal bounds to stay together before getting married. In most of the countries and in this case in the United States, cohabitation is a common feature among the American family life (Stokes Raley, n.d). 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Bruce Wydick argued that, â€Å"cohabitation may be narrowly defined as an intimate sexual union between two unmarried partners who share the same living quarter for a sustained period of time’’ (2). In other words, people who want to experience what being in a relationship truly is, tend to live under one roof and beRead MoreCohabitation: A Trial Period Before Marraige? Essay883 Words   |  4 PagesCohabitation: A Trial Period before Marriage? Marriage can be a frightening thing for anyone. The act of marriage can bring fear such as commitment, as well as fears associated with living together and sharing everything. This, in turn, can lead to one or both parties feeling vulnerable. A common approach to calm these fears and vulnerabilities is cohabitation. For many, cohabitation can seem as a transition period for couples to adjust to living with each other before marriage. 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It is suggested that the nuclear family has been diversified into other different structures such as extended family, cohabitation, homosexual family, lone-parent family and step family (Sherratt, N. and Hughes, G.2004:75). First, the extended family is a family more than one couple or pair of parent-children with family ties and inter-support of practical. Mostly are intergenerationalRead MoreBenefits Of A Single Rent Check1498 Words   |   6 Pagesrelationship instability, negatively affects health, and even has negative impacts on children. The goal of cohabiting for most couples is to draw closer together, and while living together before marriage does affect a couple’s relationship, the effects are generally not positive. Sharing a living space does not necessarily mean sharing a social life for cohabiting couples. 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This includes rising cohabitation, higher divorce rates, secularisation, rising same sex relationships, more career seekers and the rise in feminism. Firstly, a nuclear family is a family consisting of a man and woman (usually married) in a sexual relationship with one or more children. One reason for this type of family becoming

The Health Records Of Healthcare - 1021 Words

The health record has been around for many years, and it first started with a group of individuals in the 1920’s to realize that documenting health care data provided better quality care. Healthcare providers recognized that they were able to treat patients more accurately with a documented history of the patients. It wasn’t until the 1980’s that healthcare professionals started to venture out into the computerized healthcare technology. In the 90’s technology was making gains and healthcare continued to venture forward into the modern more computerized world of healthcare informatics. One of the revolutionary feature of this era was the ability to get patients test results via computers, the only downsize was that they were only attainable through that computer alone. That type of information had no way of traveling though another computer. By the year 2000, a push to make electronic records began due to the spike of patient death and injuries due to medical errors by healthcare providers. In an article written in 2009 shortly after President Obama took office, it was mentioned that President Barack Obama wanted to computerize the nation’s health care records in five years. But many concerns came with this notion such as money, time and specialized training. The total cost of this health care initiative plan would cost at least $75 billion to $100 billion dollars over next the ten years. They believed that one of the biggest costs in this plan would be trainingShow MoreRelatedElectronic Health Record : Electronic Healthcare Record1257 Words   |  6 PagesElectronic Health Record An Electronic Health Record (also known as EHR) is an official health record for a patient that is stored with multiple facilities and agencies. The main purpose of this electronic system is to improve efficiency, quality of care, and reduce costs. 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Consideration Need Not be Adequate Realistic.

Question: What the term sufficient means in this context and whether the statement is accurate in regards to Australian contract law? Answer: Role of consideration Consideration plays an important role in the formation of a contract. It is one of the most important elements without which the contract does not come into existence. The reason for entering into the contract or being party to it is answered the consideration. If an agreement is deemed to be legally binding then it has to have consideration[1]. Consideration should be something that is of value that is promised to some other person. This refers to as the legal value which is established in connection to the contract[2]. An agreement that is made without including any consideration would be void, however it would not be void when it will be expressed in writing and also it would be registered. This should be registered under the law for the time being in force. In the case, Dunlop Pneumatic Tyre Co Ltd v Selfridge Co Ltd,[3] an act or any forbearance which is undertaken by one party is regarded as the price for the promise that is given by the other party. Thus the promise that has been made would be enforceable[4]. Consideration refers to the stipulation of some price. This price refers to something that has a monetary value. It might be monetary or it might not be holding any monetary value. It is a kind of detriment on behalf of the one who binds himself into the promise[5]. This detriment take the form of waiving off of freedom which that person otherwise would have enjoyed, had he not entered into a promise. In the case, Carlill v. Carbolic Smoke Ball Company[6], the court mentioned that it was sufficient that Carlill suffered some sort of detriment due to the use of that smoke ball as it was mentioned; this could happen even if no benefit was received by the company. Consideration can be said to be anything that can be stipulated according to the will of the promisor. It is the promisor who stipulates the consideration for the promise. This is done by him either directly or indirectly. It is not for the promisee to stipulate the same or proffer something as consideration. Chapel vs. nestle is one of the most important cases that state about the nature of consideration. In this case, a peppercorn was constituted to be a consideration. Therefore, nothing of monetary value was used in this case as consideration[7]. In yet another case, Dunton vs. Dunton,[8] it was held that even if a person waives off his freedom, this would be termed as consideration for the other party. Also in some of the cases it was held that if a person gives up a legal right, this could also be taken as consideration and thus the contract would be valid. Consideration need not be adequate. Inadequate consideration is not an invalid consideration. It can be held as a good consideration. The consideration ought to have values in the eyes of law therefore; an illusionary consideration cannot be taken into consideration[9]. The past consideration cannot be held to be a good consideration. The consideration has to come into existence in lieu with the promise. When the consideration is mentioned and it predates the formation of a promise then this cannot be held to be a good consideration. This was upheld in the case, Roscola vs.Thomas[10], wherein consideration as regards to the soundness of a horse was given before any promi ses were made between the two parties[11]. However, there are several instances wherein the consideration is held in the past, and then this would be considered as a good consideration. These instances refer to the fact when it is provided at the request made by the promisor himself. Another instance could be when both the parties knew that the act would be anyway remunerated. If the promise occurred before any promise was made. If the promise occurred prior to the deed that took place then also the consideration paid would be enforceable. In the case Pao On v. Lau Yiu Long[12], these exceptions to the past consideration were upheld. Sufficiency of consideration refers the fact that it is something which holds some value. It does not have to be proportionate to the promise. It is because; the court would not be able to ascertain the value that is placed on each and every promise. This notion of sufficiency provides that economic freedom to the parties in the contract. If it is required that the consideration would be adequate then this would create difficulties between the parties and also would give rise to uncertainty in the enforceability of the contract. Sufficiency of consideration promotes economic efficiency between the parties as voluntary exchanges can then be made. Nominal consideration is also legal[13]. Therefore, for example if a house is sold by a seller for $1 only then also this would be considered valid. In the case, William vs. Roffey Bros Nicholls Ltd.[14], the English Court of Appeal upheld the validity of the consideration even if it was inadequate. It was held by the court that Roffey Bros paid Williams as they derived a benefit practically, and this was held to be a sufficient consideration. An exception to the general rule of past consideration arose in this case. It was held that practical benefit was given to the person on the fulfillment of some obligation under the contract[15]. It was held that there was sufficiency of consideration in this case. The members of the court had tried to generate the practical benefit principle[16]. This rule states to emphasize on the fact that if any actual performance takes place in lieu of the legal duty that is in existence[17], this would be taken as sufficient consideration. If there is a mere gratuitous promise that is made to the other party, then this would be invalid for the want of consideration. In the case, Stilk vs.Myrick[18] case, the Lord said that if there was a promise to perform a duty and the person was already bound to do the same under the contractual duty then this could not held to be a good consideration. This principle was referred to as the existing legal duty rule. It was held by the Lord that agreements that were made to give effect to the modifications that were one sided then these would be invalid as there was no proper consideration in it. In yet another case, Hawkers vs. Saunders,[19] it was held that when a man is under a moral duty or an obligation wherein no Court of Equity or law could enforce the same, and then these ties of conscience are held to be as the consideration that was sufficient. It was upheld in this case that whenever a person is the defendant and is under a duty to pay as per the principles of equity and conscience then this would be counted as the sufficient consideration. In another case, Coggs vs. Bernard[20], the definition of sufficient consideration was highlighted. In this case, the defendant made a promise to transport safely the casks of the brandy of the plaintiff. While transportation, one of the casks broke and large number of gallons of brandy got lost. It was held by the court that this was the detriment that was suffered by plaintiff and this was in consequence to the promise given by defendant. Hence, it was upheld that this was a sufficient consideration for rendering the support to the contract. Justice Gould said that if an undertaking is given by a man to hold the goods of other people safely and if he does not take utmost care of the same then this would be entitled to be held as a sufficient consideration. This kind of trust paced upon the defendant would be a sufficient consideration to the contract. In the case, Thomas vs. Thomas[21], it was held that motive cannot be taken to be as a sufficient consideration. As consideration is something that holds value, motive could not be said to have any value in the eyes of law and could not be calculated. In this case, a house had been promised to a widow and she promised in return to pay around 1 pound per annum as the rent and she stated that she would maintain the property in a good condition and make repairs if needed. This was held to be sufficient consideration under law as it had an actual value. Another case, Zecevic v The Russian Orthodox Christ the Saviour Cathedral[22], this case talked about the plaintiff who had sued the priest as he had not upheld his duty of performing the funeral service. There was no fee paid by the plaintiff to the priest and therefore no issue of money ever arose between them. Also no particular fee was set and finally it was held that there was no intention to form any kind of legal relations between the parties and therefore there was insufficient consideration as no payment was made. Therefore consideration should be something that is of value and then only it can be taken to be as a sufficient consideration. In the case, Sea-Land Service Inc v Cheong Fook Chee Vincent[23], the same principle of sufficient consideration was also held. Adequate Consideration refers to when a mutual exchange is made between the parties and this is based on a price that is fair enough in accordance of the transaction being made. It means that when the consideration is adequate, the contract is enforceable. For example, a promise is made by B to A that he would sell his house which costs around $100000. However, A in return promises to pay $120 then this consideration would not be at all adequate. However, there can be another instance in which if B tries to exchange those services of worth $50000 then this would be treated as adequate consideration[24]. If the consideration is too certain or it is too inadequate then this would infer that there was no intent to form any kind of contract. The question here arises as to how the court would be able to determine the value of any subject matter. To know whether the subject matter is adequate or not the court goes through two ways, one is by law and the other way is through fact.[25] First ly, when the method of law for calculating adequacy is exercised by the court then, a rule would be applied which states that if there is any sentimental value applied then this would not constitute as an adequate consideration. Also, if the consideration involves such a promise to waive off the right which is not possessed by him then this would be an inadequate consideration[26]. In the case White vs. Bluett[27], the son gave a promise not to complain anyone about the distribution of the property by his father was not an adequate consideration. It was because the son did not possess the right of complaining and therefore he could not exercise that right without even possessing the same. According to the method of fact, the adequacy of the consideration would be taken to be as something which would be of sufficient value and which causes some inducement for the parties to enter into a contract or seal the same. In the case Chappell vs. Nestle,[28] it was held that if there is any k ind of mutual inducement then this would be the most basic type of the exchange. Therefore, the court gives weight age to burden that lies on both the parties to the contract. This onus is levied on the parties before the signing of the contract which is deliberated to be entered into and also the adequacy of the consideration is decided upon by both the parties. For the purpose of proving the adequacy of consideration even the most trifle detriment or benefit would be sufficient enough to form adequate consideration. The existing duty rule was inferred from the contract law of Australia had sought to play a major role in the creation of law of consideration in Australia. This is also supported by a lot of precedents. It was held that the obligations or duties were not to be held as consideration; however, there is a drastic change in the new kind of approach. This rule of existing duty has paved way for solutions to a lot of similar cases that came to the court. Therefore, the consideration has to be sufficient but not adequate[29]. Consideration must be something that has an economic value or even if it is negligible then also it would be sufficient. However, following wishes of some other person cannot hold good and therefore cannot be termed as consideration. In the case Hamer vs. Sadway[30], the above mentioned statement was upheld. In the case, Combe vs. Combe[31], it was again held that a promise that is made by a party not to enforce any claim that is existing would be held as sufficient consideration only when any promise in return was made in the influence of the former[32]. Realistic means which is real or something that is actual[33], however consideration may or may not be actual. It just has to be sufficient. Bibliography Books/Articles/Journals Thampapillai, D., Practical Benefits And Promises To Pay Lesser Sums: Reconsidering The Relationship Between The Rule In Foakes V Beer And The Rule In Williams V Roffey (2015) 34, Australasian Legal Information Institute. Scott, K.,N. From Sailors To Fisherman: Contractual Variation And The Abolition Of The Pre-Existing Duty Rule In New Zealand (2005), (2005) 11 Canterbury Law Review. Giancaspro,M., The Rules for Contractual Renegotiation: A Call for Change, (2014) 1, Australasian Legal Information Institute. Street, T., A., The History and Theory of English Contract Law (Beard Books, 1999). Others Chest of books, Sec. 639. What Constitutes Inadequacy Of Consideration (2017), https://chestofbooks.com/business/law/Law-Of-Contracts-4-1/Sec-639-What-Constitutes-Inadequacy-Of-Consideration.html. Weitzenboec, M., E., English Law of Contract: Consideration (2012), https://www.uio.no/studier/emner/jus/jus/JUS5260/v12/undervisningsmateriale/Consideration.pdf. Twyford, J., W., The Doctrine of Consideration (2002), https://opus.lib.uts.edu.au/bitstream/10453/20049/2/02Wholethesis.pdf . Clarke, J., Consideration (2015), https://www.australiancontractlaw.com/law/formation-consideration.html. Clarke, J., Overview of Australian contract law (2010), https://www.australiancontractlaw.com/law.html. K, Consideration (Part 1 Of 3 Definition And Essentials) (2014), https://kanwarn.wordpress.com/2014/02/21/consideration-part-1-of-3-definition-and-essentials/. Mance, K., L., Contract Consideration (2017), https://www.legalmatch.com/law-library/article/contract-consideration.html. Kier, Post: Explain the statement consideration must be sufficient but (2006), https://counsel.net/chatboards/contracts/topic5/3.31.06.04.51.11.html. Giancaspro, M., A., For Your Consideration: Old Rules, Practical benefit and a New Approach to Contractual Variation (2017), https://digital.library.adelaide.edu.au/dspace/bitstream/2440/84690/8/02whole.pdf. National Para Legal, Introduction to Contracts and Consideration (2017), https://nationalparalegal.edu/public_documents/courseware_asp_files/contracts/Consideration/IntroductionAndConsideration.asp Study, Lack of Consideration in Contract Law (2017), https://study.com/academy/lesson/lack-of-consideration-in-contract-law.html. Swarb, Dunlop Pneumatic Tyre Co Ltd V Selfridge And Co Ltd: Hl 26 Apr 1915 (2017), https://swarb.co.uk/dunlop-pneumatic-tyre-co-ltd-v-selfridge-co-ltd-hl-26-apr-1915/. Swarb, Combe V Combe: CA 1951 (2017), https://swarb.co.uk/combe-v-combe-ca-1951-2/. The Voice of Political Nonsense, The Relationship between Trade Openness and Economic Growth (2016), https://thevoiceofpoliticalnonsense.wordpress.com/2016/04/ List of Cases Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256 Chappell vs. Nestle [1959] UKHL 1 Combe vs. Combe, [1951] 2 KB 215 Dunlop Pneumatic Tyre Co Ltd v Selfridge Co Ltd [1951] UKHL 1 Dunton vs. Dunton 1892 18 VLR 114 Hamer vs. Sadway 124 N.Y. 538 Hawkers vs. Saunders (1782) 98 ER 1091 Pao On v. Lau Yiu Long [1979] UKPC 17 Roscola vs.Thomas (1842) 3 QB 234 Sea-Land Service Inc v Cheong Fook Chee Vincent [1994] 3 SLR 631 Stilk vs.Myrick [1809] EWHC KB J58 Thomas vs. Thomas (1842), 2 QB 851 White vs. Bluett (1853) 23 LJ Ex 36 William vs. Roffey Bros Nicholls Ltd [1989] EWCA Civ 5 Zecevic v The Russian Orthodox Christ the Saviour Cathedral [1988] O.J. 1282 (Sup.)