Legal Research (ECHR) Essay Example | Topics and Well Written Essays - 2000 words

Legal Research (ECHR) - Essay Example 53924/00, ECHR 2000 [http://www.1cor.com/1315/?form_1155.replyids=370] The article examines the range of the application of the European Convention on Human Rights (Article 2), regarding the unborn foetus. In the case of Vo V France, the focus is on the jurisprudence of the ECHR on a country’s duty to life protection in view of both charitable and involuntary, neglectful extinction of pregnancies. According to the laws of abortion of Europe and United States, a gradualist ethical viewpoint on the embryo status could substantiate the obligation of criminal punishments for foetal death resulting from aggressive conduct against an expectant woman without discrimination to the woman’s rights. In the case of Vo v. France, Mrs. Thi-Nho Vo (applicant) was a Vietnamese born staying in France. She visited Lyons General Hospital on November 17, 19991 to have regular medical check during her six months of pregnancy. Another woman, Mrs. Thi Thanh van Vo, had visited the same hospit al the same day to remove the coil. Because of a mistake due to sharing of a common name by the two women, he physician who examined the first woman perforated amniotic sac, facilitating therapeutic abortion. Although the complainant and her husband lodged a claimant in 199, the physician was acquitted by the Court of Cassation on 30 June 1999. Basing on Article 2 of European Convention, the applicants lodged complain on the government’s refusal to categorize the inadvertent killing of the unborn child as involuntary homicide. The Grand Chamber considered that the subject of the start of life was an issue to be determined at national stage; since the subject had not been determined in the many of the members of the Convention, France in particular, where the matter was an issue of public discussion. Also, the decision made since there was no universal European agreement on the legal and scientific definition of the start of life. That is, at European level, of consensus was p resent regarding the status and nature of the embryo and foetus; although it could be considered universal ground between countries that the foetus/embryo belonged to humanity. Its capacity to become a human being needed protection in terms of human dignity, devoid of making it an individual with the liberty of life for reasons of Article 21. Moreover, all the nine adjudicators who joined the like-minded and dissenting views felt the issue of whether a foetus lies within the protection of article 2 is in the province of the Court to ascertain. Nonetheless, the ECHR should have accomplished its duty by analyzing the Convention and its procedures to understand the extent of ‘everyone’ in regard to article 2. Because of these fundamental and serious objections towards bringing a foetus in the protective sector of the ECHR, Judge Rozakis, together with several judges on the panel were correctly concerned to mention the fault in the Court’s analysis; that, while decli ning to approve that Article 2 was appropriate in this court case, the majority decided to abandon their neutral position based the conclusion of non violation on the assertion that the technical guarantees natural in the defense of Article 2 had already been gratified in the states of this court case. Through the application the ‘even assuming’ method on the suitability of Article 2; and by linking the life of the foetus to that of the mother—paragraph 86—the greater part had surreptiously brought the Conventions’

Knowledge Generation Essay Example | Topics and Well Written Essays - 750 words - 4

Knowledge Generation - Essay Example In addition, recommendations would be stipulated on managing benefits and minimizing hazards, as required. The Toolbox for IT defines data warehouse as â€Å"a data warehouse is a subject oriented, integrated, time variant, non-volatile collection of data in support of management decision making the process" (Toolbox for IT, 2010, par. 1). In addition, their discourse on data warehouse concepts further averred that data warehouse is â€Å"a relational database that is designed for query and analysis rather than transaction processing. A data warehouse usually contains historical data that is derived from transaction data. It separates analysis workload from transaction workload and enables a business to consolidate data from several sources† (Toolbox for IT, 2010, par. 5). As the name suggests, the data warehouse is a receptacle of information containing facts, statistics, numbers, characters, symbols or images arranged in a chronological structure which can be processed by a computer (McSweeney, 2010). Accordingly, there are three types of data warehouses, to wit: (1) Enterprise Data Warehouse (a central database), (2) Operational Data Store (updates data to real-time), and (3) Data Mart (data warehouse subsets) (Toolbox for IT, 2010, pars. 7 – 9). Implementation of data warehouses differs according to architecture (Inmon or Kimball) or model (relational or dimensional) as the organization requires. With the bulk of data stored in warehouses, there are ways to analyze them to discover patterns or relationships through data mining.  

Role and Responsibilities of a Teacher

Role and Responsibilities of a Teacher Explain the teaching role and responsibilities in education and training. My work is within the education sector at Northampton College. Specifically, I do two jobs both in the Supported Learning Department, firstly as a Learning support assistant, and secondly as an Hourly Paid Teacher. The Supported Learning department provides specialist education for our students with learning disabilities, it provides education which teaches life skills and the functional areas and skills of Maths and English that meet the real needs of our Young People. Interestingly we were working towards a method of rewarding when assessing, setting targets and goals. This became clearer to me when reading Petty, (2014,p.67) in which he talks about Medals and missions are related to the goals the student is working towards. The phrase Medals and Missions made simple sense of what we were doing. The ethos of his book, Teaching Today, (Petty, 2014), is also close to the Supported Learning ethos of meeting the needs and requirements of the diverse and different student body. The Teac hing /Learning cycle of continually assessing, planning, delivering (or teaching), assessing again and then evaluating, is a model that we utilise extensively. We try to help our young people to make a successful transition from school into Further Education, it is acknowledged as being very hard, (Department for Education, 2011,p.14). Explain how the teaching role involves working with other professionals The Team Around the Child (TAC) concept can include any professionals from other fields such as education, health, social services, and police. Within the education environment there are many professionals that may be called upon from the Teaching staff (the Teacher and Support Assistants) to the SENCO (The Schools Special Educational Needs Coordinator) there can also be involvement with the Principal or Head and the Governors. There should of course be layered communications and involvements with the Students Parents/Carers, siblings and other family members. There may also be occasion to call upon the specialised Safeguarding officers in potential cases of harm or abuse. Within the Supported Learning area there will also be contact on a regular basis with the following professionals; Child and Adolescent Mental Health Services (CAMHS) professions, Speech And Language Therapist (SALT), Occupational Therapist, Educational Psychologist, Social Workers, the Police and Youth Offending Teams. Explain the boundaries between the teaching role and other professional roles Teaching as a rule tends to have variation between the vastly different curriculum areas, however in Supported Learning these boundaries are often blurred as Teaching staff can often cover all elements of the curriculum. At the Pre-entry level or at Entry Levels 1,2 3 the nature of the subjects is much less sophisticated or complex than at GCSE level. However, performing both an ASA and a Teacher role I have noticed that where there is team work the lessons tend to be more successful than where there are rigid boundaries between staff. With other professions, it is important to adhere to appropriate behaviours and to avoid overfamiliarity. Not letting ones opinions cloud ones judgements is an important area to reflect upon and to take care to not overstep boundaries with fellow professionals. Lastly, teaching staff should always consider the potential dangers and pitfalls of using Social Media like Facebook Twitter not disclosing confidential information about students or indeed n ot having any students on your friends list will help to mitigate any risks. Summarise key aspects of legislation, regulatory requirements and codes of practice relating to own role and responsibilities In our sector of Supported Learning the new SEND Code of Practise (Department for Education and Department of Health, 2014, p13-p14) is very much a bible. Critically it has widened the period from 18 years to 25 years in which a person transfers between child and adult services. There is now much more focus on the views of children and young people in decision making and in their aspirations. Another important Act for us to adhere to, is the Safeguarding Vulnerable Groups Act (2006), it is a very risk adverse document which seeks to help avoid placing people who are unsuitable to work with children, young people or vulnerable adults. The other key legislation documents that we need to follow include the Health and Safety at Work Act (1974), Data Protection Act (1998) and the Equality Act (2010. The Health and Safety at Work Act (1974) describes the obligations on employers and employees and looks at protecting against the risks involved to health and safety, by assessing and mitigating against them. The Data Protection Act (1998) controls how information is used by organisations or the government. The Equality Act (2010) of England, Scotland and Wales ensures that peoples rights are met in areas such as age, disability, gender, religion and race. Reflective account Considering your learning in this unit or drawing on your own experience, provide a reflective account in relation to the following: explain why it is important to promote appropriate behaviour and respect for others (ref. 2.2) This course mirrored for me the work we do during induction, at the very start of each course the different policies for behaviour and for respect for each other were mapped out and agreed by the teaching staff and the students. During the very first session of this course we set out ground rules which when followed enable learning to happen in a safe and structured way. I have found that collaboratively working with the learners to build a list of ground rules develops a list that we can all follow, the rules tend to be generic like punctuality, turning off phones, no swearing, no violence. We also try and incorporate positives like equality, respect for each others diversity and being frank and honest with each other. ways to promote equality and value diversity (ref. 1.3) The Equality Act (2010) embraces diversity and protects people from discrimination because of being in one or more of the following categories: race, sex, sexual orientation; gender; disability, marital state, maternity, religion and faith, and age. The act sets out to prevent unlawful discrimination against people but it also strives to promote equality. In practise, I have found that working in Supported Learning it becomes second nature, in our classes there are vast spectrums of differing abilities and different needs. Therefore, my lesson plans must be tailored to include all. I should ensure that the classroom environment and the actual content of the lesson is inclusive to all. I have found that ensuring each person in the room has a voice and is encouraged to use it, sometimes by using starter or Icebreaker activities. During the second session of this course I came up with a definition of Diversity that I liked Diversity is an acceptance and celebration that includes all, regardless of age, race, ethnicity, sex, gender and ability. the importance of identifying and meeting the needs of learners (ref. 1.4) When embarking on teaching a new class I would first undertake initial assessments to see where any gaps are, and to understand the diversity of knowledge and ability this is very important in Supported Learning where each class has very diverse students. Each student also has a file of information which in most instances also includes an Education Health and Care (EHC) plans (Department for Education and Department of Health, 2014, p141-p206). An EHC plan is the new document which has replaced the Statements of SEN for children and young people with special educational needs, it has wealth of information and should also include targets for the young people which can be incorporated into the lesson plans. Then I would plan and deliver lessons to the group and to individuals where required. It is then critical to reflect on how things went and if need be to adapt and apply any changes. Next I tend to continually assess and apply any further changes. ways to maintain a safe and supportive learning environment. (ref. 2.1) A safe learning environment is about the physical safety of the classroom, but, it is also about the feelings of the young people, some of whom may have had very negative experiences of learning. On the physical side adherence to the rules and policies of the organisation will be a starting point, following the obligations laid down by the Health and Safety at Work Act (1974) is key. Each time a classroom is used a risk assessment can be carried out very quickly making sure that fire exits are accessible (especially for wheelchair users), ensuring that there are no dangers that could cause trips and falls. describes the obligations for example. With each class I teach I try to ensure a safe environment by making sure we establish ground rules and that everybody is comfortable with each other. I then try to model good behaviour by doing things like arriving punctually, ensuring my phone is turned off and treating all the learners with respect. References Data Protection Act (1998) [WWW Document]. UK Legislation. doi:10.1136/inpract.20.2.101 Department for Education (2011) Support and aspiration: A new approach to special educational needs and disability. Department for Education and Department of Health (2014) Special educational needs and disability code of practiceà ¢Ã¢â€š ¬Ã‚ ¯: 0 to 25 years. London. Equality Act (2010) [online]. Available from: http://www.legislation.gov.uk/ukpga/2010/15/contents [Accessed 23 March 2017]. Health and Safety at Work etc. Act (1974) [online]. Available from: http://www.legislation.gov.uk/ukpga/1974/37 [Accessed 23 March 2017]. Petty, G. (2014) Teaching Today: A Practical Guide. 5th ed. Oxford: Oxford University Press. Safeguarding Vulnerable Groups Act (2006) [online]. Available from: www.legislation.gov.uk/ukpga/2004/28/contents [Accessed 23 March 2017].

People with Chronic Diseases :: Health, Diseases

There are many diseases in the world that affect patient’s life. WOH has mentioned that chronic conditions might lead to disability in the future which leads to spend a lot of money to treat patients (WHO, 2005). Chronic condition has been defined as â€Å"health problems that require ongoing management over a period of years or decades, and include: diabetes, heart disease, asthma, chronic obstructive pulmonary Disease (COPD), cancer, HIV/AIDS, depression, and physical disabilities. To control chronic diseases and prevent patients from getting worse, all health professional and patients should be aware about self management. Therefore, this assignment will explain that ‘Self-management is an important component of effective management of people with chronic conditions and implant current self management models in health care can help to improve the quality of outcomes for patients and health care system. Self management can be defined as â€Å"Involves (the person with the chronic disease) engaging in activities that protect and promote health, monitoring and managing of symptoms and signs of illness, managing the impacts of illness on functioning, emotions and interpersonal relationships and adhering to treatment regimes.† (flinders) The main goal of self management is to strength and increase patient’s confidence and aware about managing their health problems (self management toolkit 2011). Self-management of chronic conditions is should consider many factors which are Patients and their family and the health providers should be involved in the plan with consideration all the medical and psycho-social components of a condition in order to empowering the patient through proactive and adaptive strategies (W. Battersby, et al, 2003 p. 43). Self management toolkit showed that engage the patient and make him/her be involved in goals sitting is a good way to improve patie nts self management and increase the relationship between patients and the providers which may led to increase patient's confidence (self management toolkit 2011).Self management toolkit shows good communication strategies for improving self management in patients with chronic diseases which are engaging the patients, exploring importance ambivalence and collaborative action planning (self management toolkit 2011). In addition, W. Battersby, et al has mentioned that a comprehensive definition of self management is: Self-management should involve the patient who is working in partnership with their carers and health professionals (W. Battersby, et al, 2003 p. 43). Many studies showed that self management program can improve quality of life of patients with chronic diseases and improve the quality of health care organizations. People with Chronic Diseases :: Health, Diseases There are many diseases in the world that affect patient’s life. WOH has mentioned that chronic conditions might lead to disability in the future which leads to spend a lot of money to treat patients (WHO, 2005). Chronic condition has been defined as â€Å"health problems that require ongoing management over a period of years or decades, and include: diabetes, heart disease, asthma, chronic obstructive pulmonary Disease (COPD), cancer, HIV/AIDS, depression, and physical disabilities. To control chronic diseases and prevent patients from getting worse, all health professional and patients should be aware about self management. Therefore, this assignment will explain that ‘Self-management is an important component of effective management of people with chronic conditions and implant current self management models in health care can help to improve the quality of outcomes for patients and health care system. Self management can be defined as â€Å"Involves (the person with the chronic disease) engaging in activities that protect and promote health, monitoring and managing of symptoms and signs of illness, managing the impacts of illness on functioning, emotions and interpersonal relationships and adhering to treatment regimes.† (flinders) The main goal of self management is to strength and increase patient’s confidence and aware about managing their health problems (self management toolkit 2011). Self-management of chronic conditions is should consider many factors which are Patients and their family and the health providers should be involved in the plan with consideration all the medical and psycho-social components of a condition in order to empowering the patient through proactive and adaptive strategies (W. Battersby, et al, 2003 p. 43). Self management toolkit showed that engage the patient and make him/her be involved in goals sitting is a good way to improve patie nts self management and increase the relationship between patients and the providers which may led to increase patient's confidence (self management toolkit 2011).Self management toolkit shows good communication strategies for improving self management in patients with chronic diseases which are engaging the patients, exploring importance ambivalence and collaborative action planning (self management toolkit 2011). In addition, W. Battersby, et al has mentioned that a comprehensive definition of self management is: Self-management should involve the patient who is working in partnership with their carers and health professionals (W. Battersby, et al, 2003 p. 43). Many studies showed that self management program can improve quality of life of patients with chronic diseases and improve the quality of health care organizations.

Pros and Cons of Zoos

One of the many pros to keeping animals in captivity is breeding programs to help endangered species â€Å"Many zoos have breeding programs in place to help eliminate genetic bottlenecks, especially when dealing with an endangered species.† (Vittana, 5/31/17) . It is also a way to engage young children in science and to learn more about nature. However they do have a few cons such as a shorter lifespan for instance, on average an orca lives a much shorter life in captivity vs. in the wild, â€Å"In captivity, the average lifespan of an orca is one-third the lifespan of a wild orca.† (Animal legal defense fund, 1/15/16). (Animals may also succumb to zoochosis which is the display of repetitive behavior because of being trapped unable to roam free. This causes stress for them wishing they were able to go where their hearts desire. On the other side of this argument the pros of animals in the wild way a lot higher. There are some but few exceptions to the rule that all animals need large natural spaces to thrive and be healthy. The economic pros of wild species are tremendous such as the economical benefits shift to outdoor recreational activities. Hunting and fishing are two major sources of economic revenues generating a cash flow in the wildlife industry. â€Å"The recreational pros to wild life is the ecotourism it attracts annually to generate larger revenue for the state funding.† (Bobula, 3/3/17). Most importantly animals in the wild are a part of the ecosystem and help out a lot, †Ã‚  animals are an integral part of the environment and without them we ourselves would struggle to exist, (8/22/14 Nitin Bhamvani ). Animals in the wild also help disperse seeds that grow into plants giving us oxygen. They also provide a good source of food for us if left alone and many clothing accessories that we need as well. Animals all have a special purpose in the wild. I believe the only major con of animals in the wild are those that are illegally imported. They cause threats to other wildlife and humans, they spread many diseases to us all â€Å"Zoonotic diseases — those that jump to humans — account for three quarters of all emerging infectious threats† (Alfano, 11/28/06). This is the cause only of the animals that are imported which leads to my statement that if animals are kept unbothered in nature they will cause no harm or visible threat to us all world wide. The overall census between animals in the wild and in captivity is that they intertwine and overlap, we need to manage wildlife which in its long term approach will benefit us people for many generations to come. So if you were to ask my opinion on if animals are better off in the wild or placed in captivity my answer would be left in the wild. The reason for this is very simple in the data, animals naturally will live longer healthier lives in the wild. This in turn will help our environment and will not interrupt the food chain. Animals should not be caged because it is cruel and against nature, in zoos they are treated very badly as seen from this article â€Å"Animal cruelty in zoos  continues to be extremely common. There are continuous cases of animals  abused by visitors  and zoo workers. Many of them are reported every week in the media, however, the large majority are kept secret and those responsible are never held accountable or punished.† (Netivist, 4/26/18). Animals also contract many diseases from other zoo animals and sicken. The animals in my opinion aren't treated fairly and the ethical reasons are questionable. To put us in their shoes it would be like jail, we get fed, we sleep, and use the play ground for a certain period of time. Then get locked into a cell overnight until someone is ready to let you out. The bottom line is that all living organisms including humans depend on other living things for survival, the main benefit wild species provide in the wild are economic, medical and scientific, aesthetic and recreational, and lastly ecological. We need to let our animals be free and only use them for research and not amusement. If we keep capturing our wildlife and messing with nature it will come back to haunt us all ecologically. There is a specific balance in nature that causes chain reactions, we need to keep everything in balance. (Vittana, 5/31/17)https://vittana.org/21-pros-and-cons-of-zoos(Animal legal defense fund, 1/15/16).http://aldf.org/resources/advocating-for-animals/captive-animals-and-the-law/?gclid=EAIaIQobChMI7Palt6Xi2gIVAySGCh1YNQ2aEAAYASAAEgIgyvD_BwE (Bobula, 3/3/17)https://www.quora.com/What-are-the-advantages-of-animals-for-the-economy-environment-and-medicine (Alfano, 11/28/06)https://www.cbsnews.com/news/imported-animals-pose-major-health-threat/(Netivist, 4/26/18)https://netivist.org/debate/pros-and-cons-of-zoos (8/22/14 Nitin Bhamvani ) http://stingraybobs.weebly.com

Broke Back Mountain

The 78th Annual Oscar Awards on the 5th of March, 2006, was more of a gay gathering than usual with the assembling of a large number of homosexuals, as their favourite movie â€Å"Broke Back Mountain† had been nominated for the Oscar Awards . This movie depicts the enduring love affair between two cowboys and Ang Lee, the director of the film made a masterpiece of a movie that not only handles the seemingly impossible feat of mainstreaming a gay romance, but is also devoid of soppy sentimentality. This movie is a screen adaptation of a Pulitzer Prize-winning short story by Annie Proulx.This story is set in the 1960s and spans a two decade relationship between Ennis Del Mar played by Heath Ledger and Jack Twist played by Jake Gyllenhaal. An initial friendship culminates in a homosexual relationship. At first they keep denying their attraction for each other by making statements like â€Å"This is a one shot thing we got going on here,†(Ennis,) â€Å"you know I’m not queer. † â€Å"Me neither,† (Jack). However, they continue to indulge in this and one of them, Heath, returns to his fiancee, although the other, Jack, is reluctant to abandon the relationship.Ennis marries Alma played by Michelle Williams, has two daughters and embarks on a regular life and Jack eventually meets and marries a Texan cowgirl Lureen played by Anne Hathaway and has a son. After four years Ennis and Jack meet again and their reunion is and is accidentally witnessed by Ennis’s wife, who remains silent about the whole episode. This begins their frequent respite from their heterosexual lives and they get together two or three times a year by retreating into the majestic mountains to live with each other.This continues for 16 years and their relationship remains unchanged, despite Ennis’s divorce from Alma. In the Western genre homoeroticism has always been predominant and the role of women within the genre has either been as harpies, whores o r smokescreens who maintain the heterosexuality of its protagonists. The director could have without effort transformed the wives of these cowboys into disagreeable wives who would have taken their homosexual husbands to task for their unnatural ways, but the wives are depicted as fully rounded characters that would have shown heaven on earth to a heterosexual husband.This story concerns itself not only with the homosexual relationship between the men and the difficulties that this relation places them in but more importantly it focuses on the enormous strain and disappointment that their unfortunate wives have to put up with. The story is set in Wyoming, which has a culture of cowboys, and where cowboys and herders were considered to be the last bastion of real men left in a world which was becoming increasingly depleted of honour and morals.The emotional impact on discovering that their husbands were unfaithful to them and also that they were indulging in sodomy produces a devasta ting effect on them. Eroticism has always been accorded a larger than life image by Hollywood and the erotic thriller was a popular genre in the 1980s, with movies like Body Heat, The Big Easy, Sea of Love, Fatal Attraction, and 9 ? Weeks turning out to be great successes. In 1993 Basic Instinct was released in this genre, but it proved to be the last of successful movies in this variety.Such movies definitely manage to denigrate heterosexuality and by implication women. For example, Big Love, the new HBO drama about polygamy, promotes unfair views regarding women such as that it takes three women to satisfy one man, while one third of a man is enough for each woman. These women are shown to be nagging wives who want more sex than their husband can provide and the end result is a heterosexual nightmare of domestic and sexual obligations rather than the expected male fantasy. The aim of these shows is to promote and praise gay marriage.What's really galling is that women, like the wo men in Broke back Mountain are deemed to be fit for nothing better than breeding and are not considered to be human beings, who deserve respect and love. The heterosexual men in this movie are shown in an equally poor light, ranging from Randy Quaid’s, the employer of these homosexual cowboys, embodiment of repressed intolerance to Graham Beckel as Jack Twist's emasculating father-in-law. This movie makes an astonishing statement that the only honourable and masculine men are the gay ones.Ennis's wife Alma remarries a loving husband who better provides for her needs, true to form he is portrayed as meek and almost effeminate. The lot of women is terrible and the encouragement of customs that have been identified as depravity by the Good Book and also in the Holy Texts of other religions, speaks volumes for the moral depravity that has befallen us under the guise of freedom. Freedom is good, freedom is great, freedom is our birthright but not if half the population, namely the women are going to be denigrated and treated in a derogatory manner.