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Luckily, I met a new English teacher in my secondary school. In that time, our class girls were enthralled by an American pop stars -Jesse McCarty. We often played his song in leisure time. The teacher knew that she used Jesses song to teach us the meaning of lyrics. Also she encouraged we should be form interest to learning. Usually she recommended American drama and movie to us. I appreciate such teacher to understand student's situation, so that since that time we concentrate on English classes till now.In addition, I am going to attend a high diploma life for 20 months. I recognize that I have to enter the society after these months so I will enjoy my student life and through the regular classes and supplementary course to improve my English tankard Indeed, I have to say that I love to attend EPA classes because I can learn different kind of English as well as some aspect of knowledge such like What is consciousness, In this topic, I may attempt to figure out what is the differen t between science and philosopher.Then, there are some passages are very interesting like exploring the nature of illness; I find that we are often insensible to use irrational methods but related to our culture. It is vital to enhance my comprehension in reading English. Moreover, there are many opportunities for students to have conversations with there in English and a lot of presentations in school. Besides, the teacher usually gives us spaces to argue and fight for our own opinions, like Do you agree canned foods is important when we are in foods of shortage?I foresee that participating in all these section, I will get my skill of presentation well. Furthermore, it can train my speaking in English fluently. Since I lack of confident on English performance, through this practice I can speak confidently in English. On the other hand, there are completely using English in classes so that I have a great environment to listen and peak English accurately What is more, I have Joined t he course of English for metropolitan life.It is a good complementary system to use at home or in school. During these 20 months, I would like to take the class, use telephone English and Join the activities to cultivate an English environment. I have heard from my classmate there are having fun in activities, he said that you are easy to express yourself in English because you are playing games. At last, In order to obtain a chance to be a university student, I would like to Join LILTS examination after 20 months. I hope that I will score 6. 5.

Essay on Pinker Essays

Essay on Pinker Essays Essay on Pinker Essay Essay on Pinker Essay Two Sides of a Bad Coin â€Å"Fucking†. How is that for a start of an essay? Does it pack a punch? Does it surprise you? Well, that is how Steven Pinker, a professor of psychology at Harvard, decided to start his article â€Å"What the F***† in The New Republic. It seems inappropriate that a Harvard professor would start any piece of writing in this way; however, as the piece goes on, his stance on cursing loses its initially crude air and becomes a more credible, scientific argument. By introducing cursing in a new scholarly light, Pinker is able to morph the reader’s initial repulsion to cursing into a thoughtful deliberation of its advantages and disadvantages. This purpose is not evident from the start though because he is preoccupied with trying to pull the readers into reading his article. He does this by first unbalancing the readers with his unconventional beginning. He then mentions the contemporary example of Bono cursing as he accepted a prize for his group to interest the readers a bit more. Finally, he drops the expletives â€Å"asshole† , â€Å"cocksucker†, and â€Å"motherfucker† all in the same sentence and finishes brilliantly with â€Å"nigger† and â€Å"cunt†. Usually this flagrant lack of indiscretions would deter the general reader from venturing on, but in Pinker’s case, the controversial nature of his beginning is utilized to hook the readers in. In this way, it is a bit like a Michael Moore movie. All of them do not take the time to be subtle and are shockingly biased. Yet, all types of people still watch his movies: liberal thinkers are attracted to the freedom with which taboos are mentioned while conservatives gravitate towards them, itching for the chance to disarm the argument. Both are interested for completely different reasons but the end result is the same: everyone is interested in learning more about the content. Unlike Michael Moore though, Pinker does not continuously pelt the reader with fact after fact, story after story, in an effort to get the reader completely on his side. He takes a more gradual approach and tries to get the reader to slowly understand his side of the story. In a matter of a few paragraphs, I was surprised to find that I, a long-time dissenter of cursing, had already become habituated to reading f, c, n, m, and etc. -bombs. I appreciated how, instead of approaching cursing as a black and white subject and having a very partisan tone, he approached it in a very technical manner. He did not handle the topic of swearing as the shunned topic it is usually treated as, but he manipulated his diction and made cursing a more sophisticated science which, according to him, â€Å"raises many other puzzles† and incorporates â€Å"linguistic, neurobiological, literary, [and] political† issues. Who has ever described cursing using these types of words? He then goes on to analyze the different parts of the brain-the limbic system and the neocortex-which are activated when people curse. He even categorizes cursing into different types as a biologist would categorize different cell types. There is cathartic swearing, there is vulgar swearing, and there are figures of speech swearing. When I first read the article, it seemed that he was simply using this technical jargon to make his argument more intellectual and credible; however, it soon became clear that although his utilization of language did accomplish this feat, it was also a technique of his to get the reader to a less prejudiced standpoint about cursing. Children grow up under the impression that cursing is wrong. Some children grow up to respect this belief and not curse while others decide to rebel and curse. Both sides though have their one-dimensional viewpoints in common. Cursing is rarely ever a neutral ground of conversation for anyone, but Pinker, by analyzing and discussing cursing, is able to separate the reader from the negative connotations of cursing just long enough so he could insert the idea that there is a beneficial side of cursing. He understands that people feel comfortable with facts so he takes his evaluation and observations of cursing and throws it at the reader so they think about the data instead of dwelling on the negative undertone of the topic being discussed. Then, at the end, he finally introduces arguments which are pro-cursing. According to psychology, everyone has a confirmation bias: a tendency for people to only rely upon information which confirms their beliefs and disregard material which does not. If Pinker had just listed reasons cursing was fine from the beginning, the reader would have probably either taken them in hungrily or downright rejected them according to their opinions. As a professor of psychology at Harvard, Pinker was probably well aware of this occurrence and therefore decided to soften the readers’ predispositions to cursing and then persuade them. As support for his pro-cursing stance, he states how cursing is necessary sometimes because of the extra flavor that it can add to a conversation and that sometimes the employment of a curse word is the most effective way to express a certain sentiment. Pinker refers to the film adaptation of Isaac Bashevis Singer’s Enemies: A Love Story Curse in which a Polish girl curses after being slapped by a her Jewish husband who she had hid, fed, and kept safe during the Nazi occupation. In this awful situation there are no other words which could have had the same impact in such a concise manner. She had every right to curse at her husband. Pinker also mentions that cursing has lost much of the crude image it used to have and that many people, even people in high positions, curse frequently. To support his point Pinker referred to the colorful usage of the English language by Lyndon Johnson, our former president, to illustrate how common cursing is in everyday society and that even people who would not be expected to curse do. Since everyone is cursing it cannot possibly be that bad. As per Pinker, swear words are nothing to be feared or dreaded; they are just words in the English Language which can be used whenever necessary and just like any other word, there is no need to over-use them, but in the correct situation, they can be the perfect words to evoke a feeling and impart the full impacted desired. It still seems a bit strange that a Harvard professor would decide to write an article that seems as casual as this- a more scholarly article would seem more appropriate. But, I think he made a wise choice of deferring from the usual course of action because the techniques which he applied were very effective. Although I still feel that cursing is wrong and I don’t feel very comfortable with it, Pinker has successfully tempered my attitude towards it and has given me a new understanding of cursing.

Although the foetus has no right to life, its interests are adequately protected by English law.

There is currently no direct right to life that is provided to a foetus, yet the law in the UK does make some attempt to protect its interests. This essay will focus on the interests that are provided to foetus’ in order to consider whether adequate protection is in place. In doing so, it will be examined whether every woman should have a right to abortion on demand or whether the interests of the foetus should be given due consideration. Accordingly, it will be shown that because there are arguments for and against the interests of the foetus, it is necessary for the law to strike a balance between the two competing interests. This does appear to have been achieved to a certain degree since the interests of the mother are being preserved, whilst also providing some protection to the foetus. The right to life The right to life is provided to all individuals under Article 2 of the European Convention of Human Rights (ECHR) 1951, as incorporated by the Human Rights Act (HRA) 1998. Whether or not a foetus has a right to life, however, is a highly contested topic because although the foetus does not have a right to life per se, it appears as though its interests are still being protected by the law to a certain extent.[1] On the one hand, it is believed that all women should have the right to do as they wish with their own bodies and that they should therefore have a right to abortion, yet on the other it is believed that the interests of a foetus should be provided with adequate protection.[2] The law in England does seem to have attempted to strike a balance between these two competing interests by permitting abortion, whilst at the same time imposing some restrictions. Under English law (Human Fertilisation and Embryology Act 1990) abortion is permitted until the 24th week of a pregnancy. Whilst this provides women with the right to choose what to do with their own bodies, it prevents them from having abortions in the later stages of pregnancy. Because abortion is not legally available at the request of the woman, it has been argued by the Abortion Rights Campaign that; â€Å"women’s access to abortion can be and is still threatened.†[3] This is because, once a woman has decided that she wants to have an abortion, she will first be required to persuade two doctors to agree to her decision taking into consideration certain restrictive legal criteria.[4] Therefore, even though women are capable of having an abortion up until the 24th week of pregnancy, it will be the doctors that make the final decision. And, if they do not agree that the relevant criterion has been satisfied, they will not have to carry out the abortion. This protection is in place to enable the rights of the unborn child to be ascertained in circumstances which would render an abortion unlawful. However, the extent to which such rights are being adequately protected is in fact arguable. Confliction continues to arise in this area because of the difficultly in striking a balance between the rights of the foetus and the rights of the mother. It cannot be said that this balance is currently being achieved as there remains strong opposition of both viewpoints. As pointed out by Mason and Laurie; â€Å"attitudes to abortion depend almost entirely on where the holder stands in respect of, on the one hand, the foetal interests in life and, on the other, a woman’s right to control her own body.†[5] Consequently, because the difference in opinions is based upon moral values rather than empirical facts, it is unlikely that such confliction will ever be resolved.[6] In effect, it is unlikely that a solid understanding of the rights in this area will ever be made as the controversy surrounding abortion will continue to exist. The Foetus’ Right to Life It is believed that the Abortion Act 1967 violates Article 2 of the Convention on the Rights of the Child on the basis that a child’s rights are not being adequately protected if women are able end their pregnancy if they so wish.[7] Section 1 of the 1967 Act provides that; â€Å"a person shall not be guilty of an offence under the law relating to abortion when a pregnancy is terminated by a registered medical practitioner.† In effect, women will not be found guilty of an offence is they decide to have an abortion. Whilst this section does appear to undermine the rights of the foetus, the fact that the termination must be conducted by a registered medical practitioner acting in good faith suggests that some form of protection will still be in place. Furthermore, as put by Herring; â€Å"for an abortion to be lawful, the abortion must comply with the requirements of the 1967 Abortion Act.†[8] Section 1 will therefore only apply if certain provisions can also be sa tisfied. Nevertheless, because abortions are rarely ever refused, it could be said that the provisions under Article 2 are being undermined and that the interests of the foetus are not, in reality, being adequately protected. In view of this, it has therefore been argued by Foster that the 1967 Act is not being used in the way that Parliament intended and that abortion are instead being used as another form of contraception.[9] This demonstrates how abortion is easily accessible to women, which limits the protection that is currently being provided to the foetus. It is likely that doctors will only refuse to conduct an abortion if the woman’s pregnancy has gone past the 24 week threshold or if the circumstances are exceptional. This signifies how the rights of unborn children are not being preserved, yet it is debatable whether further protections ought to be in place. The right to life is an extremely sensitive subject since it basically provides a right to every human being not be killed.[10] However, much complexity exists when considering the right to life in the context of unborn children. It is difficult to determine whether the mother’s rights should prevail over the rights of the unborn child or vice versa. However, it has been said that the right to life is a human right that is â€Å"inviolable and must be protected at all costs.†[11] If this statement was to be taken strictly, every abortion would be considered a violation of one’s human rights and would not be permitted. However, in order to ensure that the rights of the mother are also being protected it is necessary that abortions are permitted in certain circumstances. This would ensure that a balance is attained between the two competing interests by allowing abortions to take place only if it is deemed necessary. Consequently, abortions should not be used carelessly as another form of contraception and this would means that the rights of the mother are being given greater consideration than the rights of the foetus. Abortions should therefore not be as accessible as they currently are and should only be permitted in limited situations. It is unclear what extent the interests of the foetus are actually being considered and it seems as though the right to life is being violated by the abortion process and so further protections may need to be provided to the foetus so that the rights of unborn children are given the same considerations as the mother. At present, it appears as though the rights of the mother prevail over the rights of the foetus, despite the restrictions that are in place. In order to ensure that the foetus right to life is being protected, it is necessary to impose further restrictions upon the mother’s ability to have an abortion. At present, a mother is capable of aborting a foetus for various reasons including the fact that the child will suffer from a disability. Many people do not agree that this should be a reason to end the life of a foetus, though it is legal in the UK for a woman to abort a baby on grounds of disability up to birth. As a result of this many parents opt for an abortion if pre-natal screening reveals that their baby is suffering from a disability. Moreover, it has also been suggested that the parents are even put under pressure to do so.†[12] The Society for the Protection of Unborn Children strongly disagrees with this approach and believes that; â€Å"a person with a disab ility has the right to life along with every other member of society: aborting a baby because he or she has, or even might have, a disability, is the ultimate form of discrimination.†[13] It cannot be said that the foetus’ right to life is being upheld as a result of this since they can be terminated at any point if they are found to have a disability. Not only does this undermined their right to life but it also discriminates against them on the grounds of their disability. As such, the provisions under the Disability Discrimination Act 1995 are too not being complied with. In Vo v France,[14] however, it was made clear that Article 2 of the Convention is â€Å"silent as to the temporal limitations of the right to life, and in particular does not define ‘everyone’ whose life is protected by the Convention.† Effectively, it is clear that because Article 2 does not provide a definition as to who shall be protected, it is likely that the rights of the foetus will continue to be restricted. Jackson does not believe that the moral status of the foetus should be sufficiently wide enough to make abortion unlawful,[15] however, and it seems as though the European Court of Justice is also reluctant as identified in Open Door and Dublin Well Woman v Ireland.[16] Furthermore, in the case of X v United Kingdom[17] the ECJ also stated that the right to life would be subject to an implied limitation in order to respect the mother’s life even if this was at the expense of the foetus’ right to life under Article 2. Furthermore, it was also expressed in Paton v United Kingdom[18] that; â€Å"the life of the foetus is intimately connected with, and cannot be regarded in isolation from, the life of the pregnant woman.† This limited the rights of the foetus even further as it was demo nstrated that the right to life under Article 2 was not available even though the abortion was not considered necessary to protect the life of the mother. This was also identified in H v Norway,[19] which illustrates that even if an abortion occurred as a result of the mother’s choice and there lacked any specific reason for terminating the pregnancy, Article 2 will still not be capable of providing protection to a foetus if this is at the expense of the mothers rights. This seems to indicate that unborn children are not actually provided with any rights despite the fact that Article 2 initially seemed to protect such interests. The termination of a pregnancy will continue to be a morally and ethically complex issue, particularly if the reason for aborting relates to a foetal abnormality.[20] It has been pointed out that a clear legal framework is needed because of the complexities that exist in this area, though it was noted that this continues to prove extremely difficult to create.[21] The Rights of the Mother Whilst it is believed by many that the rights of the foetus should be given due consideration, it is equally argued that the rights of women should be considered foremost when deciding whether an abortion is lawful or not. This was shown in Roe v Wade[22] where it was made clear by the Court that a person has a right to abortion unless the foetus has become viable. This means that the foetus does not become a human being until it is capable of living outside the mother’s womb without any artificial aid.[23] Although this decision was made by a Court in the US, it sparked a significant amount of debate. It was argued on the one hand that a foetus becomes a child whilst it is still in the womb and that the decision whether or not to allow abortion to take effect should not be based upon whether a foetus has the capacity to enjoy life as a person.[24] It has been said that the decision in this case effectively allows an abortion on demand to take place.[25] On the other hand, how ever, it has been expressed by Loveland that; â€Å"the judgment neither produced abortion on demand nor allowed states to prevent late-stage terminations.†[26] The decision in Planned Parenthood v Casey[27] imposed further limitations on the rights of the mother when it was found that the viability period would be reduced from 24 weeks to 22 weeks. It is questionable whether this was sufficient in ensuring that the right to life of the foetus under Article 2 was being provided with greater protection since the rights of the mother will continue to prevail in the majority of situations. It could be said that it is necessary for the mother’s rights to be ascertained over the rights of the unborn child because women should be regarded as individuals as opposed to being merely containers for the foetus. In accordance with this, greater consideration should be given to the rights of the mother, though some protections should also be available for the unborn.[28] Arguably, it is important that both the rights of the mother and the unborn child shall be considered, though much more weight ought to be given to the mother’s interests as she is already considered a viable person. It has been contended by Herring that; â€Å"women who want an abortion should not be required to continue with the pregnancy.†[29] Therefore, although Article 2 expressly states that the right to life is to apply to â€Å"everyone†, the extent to which this applies to the foetus is arguable in view of the confliction that exists between the rights of the mother and the rights of the foetus. In A-G’s Reference (No 3 of 119)[30] it was noted that a foetus is not regarded as a â€Å"person† and will therefore not be directly protected by Article 2 of the Convention. It was further added that the only right to life in which a foetus has is implicitly limited by the mother’s rights and interests. This suggests that a foetus will only be provided with the right to life indirectly from the mothers right under Article 2. It is unclear whether this completely undermines a foetus’ right to life, though it seems likely given that that Article 2 will not be violated if a pregnancy is terminated. The Courts have expressed great reluctance to elucidate on this matter, by assessing whether Article 2 will provide rights to the foetus or not, because of the existing moral and ethical considerations. As a result, great complexity continues to exist within this area of the law and unless Article 2 is more clearly defined, complexity will continue to ensue. Yet, because of the moral issues that are prevalent throughout, it seems as though a single approach would not be workable. Therefore, the decision as to whether an abortion should be permitted or not will continue to be decided on a case by case basis. As such, it will depend primarily upon the circumstances of each case. This allows a certain degree of flexibility to exist which is necessary given that each case will differ from the next. However, it is likely that the rights of the mother will continue to be favoured over the rights of the unborn child. Nevertheless, because of the politics that surround abortion, the European Court of Human Rights has been said to be â€Å"wary of making a general rule concerning the legal status of the foetus, preferring to leave this question to the margin of appreciation.†[31] It cannot be said that this is acceptable given the ambiguity that arises within this area. But because there is no right or wrong answer as to whether the rights of the mother should prevail over the rights of the foetus the legal status of the foetus could not be defined by the Courts without attracting opposition. It could be said that the UK has made some attempt to identify the rights of the foetus despite the fact that no right to life exists, yet the extent to which these interests are being protected will be likely to remain debated. When the case of Vo was brought before the ECHR they appeared to focus more on the question as to when life begins as well the nature and characteristics of the foetus, as opposed to focusing on the relationship between the mother and her potential child and the others right to reproductive freedom and autonomy.[32] Therefore, the approach taken by the ECHR should have been based upon the recognition of foetal interests as well as the loss of a mother’s relationship. Whilst this would not have addressed all of the difficulties that arise in this area, it would have provided some recognition as to the interests of the foetus. Much more needs to be done if foetal interests are to be provided with greater protected, whilst at the same time maintaining the rights of the mother. The rights of the mother appear to be protected in favour of the rights of the foetus, yet it has been said that this ensure the human dignity of the mother is being preserved.[33] This is because if a mother was not provided with the choice to terminate a pregnancy, it is likely that their human dignity would be violated. Whilst this this may be at the expense of the rights enshrined in Article 2, it is deemed necessary in protecting the mother’s interests. Balancing the Rights It is doubtful that the rights of the foetus and the rights of the mother are being balanced since the rights of the foetus continue to be undermined. Whilst there are some protections in place to preserve the interests of the foetus, these do not appear sufficient and so it seems as though tighter restrictions ought to be implemented to ensure that abortion is not easily accessible. This would allow for a more acceptable balance to be attained because at present it seems to be largely one-sided. If abortion was only permitted in extreme circumstances, it would not be capable of being used as another form of contraception and the interests of the foetus would be better recognised. On the contrary, it is argued that further limitations would limit the mothers freedom to choose and their own rights would be undermined if Article 2 was to provide express rights to unborn children. Therefore, whilst abortion should still be permitted, limitations should be imposed so that the rights of the foetus are given better protection. It is unclear whether judges should be left to make a decision on whether an abortion is lawful or not since opinions will differ significantly on this subject. Thus, it cannot be said that judges should be left to decide upon moral issues. Whilst one judge may agree with abortion, another judge may not as individuals have different perceptions on what is and what is not morally right. This is why the courts have been quite reluctant to use a single approach when deciding upon the interests of a foetus and it seems that the matter is better left undefined. This was identified by Sandel when it was argued that there are differences of opinions as to whether abortion is morally reprehensible and therefore worthy of prohibition, whilst many avoid passing judgment on the morality of these practices.[34] The ECHR appears to have adopted the latter approach, by failing to provide a decision on the legal status of foetus’. This lack of definition may actually be in the interests of the foetus since rights are capable of being provided that may not have been had a definition been in place. The determination as to whether abortion should be a mother’s choice or not will be capable of being assessed differently in all cases. This is necessary given the diverging opinions that exist since it will continue to be argued by many that Article 2 should provide a right to â€Å"anyone† including unborn children, whilst others will continue to be of the view that the decision should be left with the freedom of choice as protected u nder Article 13 of the Convention. The current practice that is being adopted in striking a balance between the two competing interests does appear to be the most plausible approach to take since each case will be determined by its facts. This could, however, lead to judicial activism occurring, which appears to have happened in the Roe case above which was described by Thielen as â€Å"an incredible reach of judicial activism.†[35] Judicial activism occurs when a ruling is said to be based upon political or personal considerations as opposed to being based upon existing law.[36] Therefore, if when Courts are provided with the ability to decide upon matters concerning abortion, judicial activism is likely to emerge which undermines social policy and, in some instances, human rights. Still, as put forward by Ewing and Gearty; â€Å"English judges have shown a powerful engagement with the rights of the unborn in the past,†[37] yet whether violations of one’s huma n rights are arising out of this is likely and it seems quite difficult for a balance to be achieved between the rights of the unborn with the rights of the mother. Conclusion This area is extremely controversial and because of this it is difficult for legislators as well as the judiciary to make a decision as to whether a foetus does have rights. Many people are of the view that every woman should have the right to choose whether or not to have an abortion, yet not all agree with this. Instead, it is argued that women are capable of using abortion as a form of contraception because of how easily accessible it is. Whilst there are some restraints in place to prevent this from happening, such as the requirement to obtain permission from two doctors, it cannot be said that such measures are effective. This is because it is highly unlikely that an abortion would be refused unless the stages of pregnancy have gone past the 24 week threshold. Furthermore, because women are permitted to have an abortion past this stage if the unborn child is suffering from a disability, the rights of the foetus are being undermined even further. It is therefore questionable whet her the current law is effective in preserving the interests of the foetus since the law has not made it difficult for abortions to be performed. Therefore, it could be said that further restrictions are needed so as to balance the rights of the mother with the rights of the unborn child. Conversely, because there is a limit on the number of weeks a person can abort a foetus, it could be said that their interests are being adequately protected to a certain degree. Whether this is sufficient, however, is likely to remain a contestable subject for many years to come as there will continue to be differing opinions as to whether abortion should be so easily available. In effect, there are both strengths and weaknesses for right to abortion, yet it is questionable whether the strengths do in fact outweigh the weaknesses. BIBLIOGRAPHY Cases: A-G’s Reference (No 3 of 119) [1998] AC 245 H v Norway (1992) 73 D R 155 Open Door and Dublin Well Woman v Ireland (1992) 14 EHRR 244 Paton v United Kingdom (1980) 3 EHRR 408 Planned Parenthood v Casey (1992) 404 U.S. 833 Roe v Wade (1973) 410 U.S. 113 Vo v France Judgement of 8 July 2004 40 EHRR 12 X v United Kingdom (1980) 19 D R 244 Legislation: Abortion Act 1967 Disability Discrimination Act 1995 European Convention of Human Rights 1951 Human Fertilisation and Embryology Act 1990 Human Rights Act 1998 Textbooks: Herring, J. Law Express: Medical Law (Revision Guide), Longman, 2nd Edition, (2009). Herring, J. Medical Law and Ethics, OUP Oxford, 3rd Edition, (2010). Hope, T., Savulescu, J. and Hendrick, J. Medical Ethics and Law: The Core Curriculum, Churchill Livingstone, 2nd Edition, (2008). Kaczor, C., The Ethics of Abortion: Women’s Rights, Human Life, and the Question of Justice, (Routledge: London, 2013). Kennedy, I., Grubb, A., Laing, J. and McHale, J. Principles of Medical Law, OUP Oxford, 3rd Edition, (2010). Jackson, E. Medical Law: Text, Cases and Materials (Text, Cases and Materials), OUP Oxford, 2nd Edition, (2009). Mason, K. and Laurie, G. Mason and McCall Smith’s Law and Medical Ethics, OUP Oxford, 8th Edition, (2010). Articles: Abortion Rights Campaign, Why women need a modern abortion, law and better services, Available [Online] at: http://www.abortionrights.org.uk/content/view/180/121/ BBC, Women’s Rights Arguments in Favour of Abortion, Ethics Guide, (1992), Available [Online] at: http://www.bbc.co.uk/ethics/abortion/mother/for_1.shtml K.D and Gearty. CA, Terminating Abortion RightsNew Law Journal, 142 NLJ 1969, Issue 6579, (04 December, 1992). C, Forty Years On, New Law Journal, 157 NLJ 1517, Issue 7295, (02 November, 2007). Frankenburg, G., ‘Human Rights and the Belief in a Just World’ International Journal of Constitutional Law, Volume 12, Issue 1. Holetzky, S. What is Judicial Activism(04 February, 2010), Available [Online] at: http://www.wisegeek.com/what-is-judicial-activism.htm Human Rights, Right to Life: Not just an abortion issue, Available [Online] at: http://www.abouthumanrights.co.uk/right-life-not-just-abortion-issue.html I, A Vacancy in the Supreme Court, New Law Journal, 144 NLJ 537, Issue 6644, (22 April, 1994). McCrudden, C. Human Dignity and Judicial Interpretation of Human Rights, European Journal of International Law, EJIL 2008 19 (655), Issue 4, (01 September, 2008). O’Donovan, K. Commentary, Medical Law Review, Med Law Rev 2006 14 (115), (01 March, 2006). Sandel, M. J. Symposium: Law, Community, and Moral Reasoning Moral Argument and Liberal Toleration: Abortion and Homosexuality, California Law Review, 77 Calif. L. Rev. 521, (May, 1989). The Society for the Protection of Unborn Children, SPUC, Abortion and disability or eugenic abortion, Available [Online] at: http://www.spuc.org.uk/students/abortion/disability Thielen, D. Overturn Roe v Wade, Liberal and Loving It, (2005), Available [Online] at: http://www.davidthielen.info/politics/2005/08/overturn_roe_vs.html Wicks, E., Wyldes, M. and Kilby, M. Late Termination of Pregnancy for Foetal Abnormality: Medical and Legal Perspectives, Medical Law Review, Med Law Rev 2004.12 (285), (01 September, 2004). Although the foetus has no right to life, its interests are adequately protected by English law. There is currently no direct right to life that is provided to a foetus, yet the law in the UK does make some attempt to protect its interests. This essay will focus on the interests that are provided to foetus’ in order to consider whether adequate protection is in place. In doing so, it will be examined whether every woman should have a right to abortion on demand or whether the interests of the foetus should be given due consideration. Accordingly, it will be shown that because there are arguments for and against the interests of the foetus, it is necessary for the law to strike a balance between the two competing interests. This does appear to have been achieved to a certain degree since the interests of the mother are being preserved, whilst also providing some protection to the foetus. The right to life The right to life is provided to all individuals under Article 2 of the European Convention of Human Rights (ECHR) 1951, as incorporated by the Human Rights Act (HRA) 1998. Whether or not a foetus has a right to life, however, is a highly contested topic because although the foetus does not have a right to life per se, it appears as though its interests are still being protected by the law to a certain extent.[1] On the one hand, it is believed that all women should have the right to do as they wish with their own bodies and that they should therefore have a right to abortion, yet on the other it is believed that the interests of a foetus should be provided with adequate protection.[2] The law in England does seem to have attempted to strike a balance between these two competing interests by permitting abortion, whilst at the same time imposing some restrictions. Under English law (Human Fertilisation and Embryology Act 1990) abortion is permitted until the 24th week of a pregnancy. Whilst this provides women with the right to choose what to do with their own bodies, it prevents them from having abortions in the later stages of pregnancy. Because abortion is not legally available at the request of the woman, it has been argued by the Abortion Rights Campaign that; â€Å"women’s access to abortion can be and is still threatened.†[3] This is because, once a woman has decided that she wants to have an abortion, she will first be required to persuade two doctors to agree to her decision taking into consideration certain restrictive legal criteria.[4] Therefore, even though women are capable of having an abortion up until the 24th week of pregnancy, it will be the doctors that make the final decision. And, if they do not agree that the relevant criterion has been satisfied, they will not have to carry out the abortion. This protection is in place to enable the rights of the unborn child to be ascertained in circumstances which would render an abortion unlawful. However, the extent to which such rights are being adequately protected is in fact arguable. Confliction continues to arise in this area because of the difficultly in striking a balance between the rights of the foetus and the rights of the mother. It cannot be said that this balance is currently being achieved as there remains strong opposition of both viewpoints. As pointed out by Mason and Laurie; â€Å"attitudes to abortion depend almost entirely on where the holder stands in respect of, on the one hand, the foetal interests in life and, on the other, a woman’s right to control her own body.†[5] Consequently, because the difference in opinions is based upon moral values rather than empirical facts, it is unlikely that such confliction will ever be resolved.[6] In effect, it is unlikely that a solid understanding of the rights in this area will ever be made as the controversy surrounding abortion will continue to exist. The Foetus’ Right to Life It is believed that the Abortion Act 1967 violates Article 2 of the Convention on the Rights of the Child on the basis that a child’s rights are not being adequately protected if women are able end their pregnancy if they so wish.[7] Section 1 of the 1967 Act provides that; â€Å"a person shall not be guilty of an offence under the law relating to abortion when a pregnancy is terminated by a registered medical practitioner.† In effect, women will not be found guilty of an offence is they decide to have an abortion. Whilst this section does appear to undermine the rights of the foetus, the fact that the termination must be conducted by a registered medical practitioner acting in good faith suggests that some form of protection will still be in place. Furthermore, as put by Herring; â€Å"for an abortion to be lawful, the abortion must comply with the requirements of the 1967 Abortion Act.†[8] Section 1 will therefore only apply if certain provisions can also be sa tisfied. Nevertheless, because abortions are rarely ever refused, it could be said that the provisions under Article 2 are being undermined and that the interests of the foetus are not, in reality, being adequately protected. In view of this, it has therefore been argued by Foster that the 1967 Act is not being used in the way that Parliament intended and that abortion are instead being used as another form of contraception.[9] This demonstrates how abortion is easily accessible to women, which limits the protection that is currently being provided to the foetus. It is likely that doctors will only refuse to conduct an abortion if the woman’s pregnancy has gone past the 24 week threshold or if the circumstances are exceptional. This signifies how the rights of unborn children are not being preserved, yet it is debatable whether further protections ought to be in place. The right to life is an extremely sensitive subject since it basically provides a right to every human being not be killed.[10] However, much complexity exists when considering the right to life in the context of unborn children. It is difficult to determine whether the mother’s rights should prevail over the rights of the unborn child or vice versa. However, it has been said that the right to life is a human right that is â€Å"inviolable and must be protected at all costs.†[11] If this statement was to be taken strictly, every abortion would be considered a violation of one’s human rights and would not be permitted. However, in order to ensure that the rights of the mother are also being protected it is necessary that abortions are permitted in certain circumstances. This would ensure that a balance is attained between the two competing interests by allowing abortions to take place only if it is deemed necessary. Consequently, abortions should not be used carelessly as another form of contraception and this would means that the rights of the mother are being given greater consideration than the rights of the foetus. Abortions should therefore not be as accessible as they currently are and should only be permitted in limited situations. It is unclear what extent the interests of the foetus are actually being considered and it seems as though the right to life is being violated by the abortion process and so further protections may need to be provided to the foetus so that the rights of unborn children are given the same considerations as the mother. At present, it appears as though the rights of the mother prevail over the rights of the foetus, despite the restrictions that are in place. In order to ensure that the foetus right to life is being protected, it is necessary to impose further restrictions upon the mother’s ability to have an abortion. At present, a mother is capable of aborting a foetus for various reasons including the fact that the child will suffer from a disability. Many people do not agree that this should be a reason to end the life of a foetus, though it is legal in the UK for a woman to abort a baby on grounds of disability up to birth. As a result of this many parents opt for an abortion if pre-natal screening reveals that their baby is suffering from a disability. Moreover, it has also been suggested that the parents are even put under pressure to do so.†[12] The Society for the Protection of Unborn Children strongly disagrees with this approach and believes that; â€Å"a person with a disab ility has the right to life along with every other member of society: aborting a baby because he or she has, or even might have, a disability, is the ultimate form of discrimination.†[13] It cannot be said that the foetus’ right to life is being upheld as a result of this since they can be terminated at any point if they are found to have a disability. Not only does this undermined their right to life but it also discriminates against them on the grounds of their disability. As such, the provisions under the Disability Discrimination Act 1995 are too not being complied with. In Vo v France,[14] however, it was made clear that Article 2 of the Convention is â€Å"silent as to the temporal limitations of the right to life, and in particular does not define ‘everyone’ whose life is protected by the Convention.† Effectively, it is clear that because Article 2 does not provide a definition as to who shall be protected, it is likely that the rights of the foetus will continue to be restricted. Jackson does not believe that the moral status of the foetus should be sufficiently wide enough to make abortion unlawful,[15] however, and it seems as though the European Court of Justice is also reluctant as identified in Open Door and Dublin Well Woman v Ireland.[16] Furthermore, in the case of X v United Kingdom[17] the ECJ also stated that the right to life would be subject to an implied limitation in order to respect the mother’s life even if this was at the expense of the foetus’ right to life under Article 2. Furthermore, it was also expressed in Paton v United Kingdom[18] that; â€Å"the life of the foetus is intimately connected with, and cannot be regarded in isolation from, the life of the pregnant woman.† This limited the rights of the foetus even further as it was demo nstrated that the right to life under Article 2 was not available even though the abortion was not considered necessary to protect the life of the mother. This was also identified in H v Norway,[19] which illustrates that even if an abortion occurred as a result of the mother’s choice and there lacked any specific reason for terminating the pregnancy, Article 2 will still not be capable of providing protection to a foetus if this is at the expense of the mothers rights. This seems to indicate that unborn children are not actually provided with any rights despite the fact that Article 2 initially seemed to protect such interests. The termination of a pregnancy will continue to be a morally and ethically complex issue, particularly if the reason for aborting relates to a foetal abnormality.[20] It has been pointed out that a clear legal framework is needed because of the complexities that exist in this area, though it was noted that this continues to prove extremely difficult to create.[21] The Rights of the Mother Whilst it is believed by many that the rights of the foetus should be given due consideration, it is equally argued that the rights of women should be considered foremost when deciding whether an abortion is lawful or not. This was shown in Roe v Wade[22] where it was made clear by the Court that a person has a right to abortion unless the foetus has become viable. This means that the foetus does not become a human being until it is capable of living outside the mother’s womb without any artificial aid.[23] Although this decision was made by a Court in the US, it sparked a significant amount of debate. It was argued on the one hand that a foetus becomes a child whilst it is still in the womb and that the decision whether or not to allow abortion to take effect should not be based upon whether a foetus has the capacity to enjoy life as a person.[24] It has been said that the decision in this case effectively allows an abortion on demand to take place.[25] On the other hand, how ever, it has been expressed by Loveland that; â€Å"the judgment neither produced abortion on demand nor allowed states to prevent late-stage terminations.†[26] The decision in Planned Parenthood v Casey[27] imposed further limitations on the rights of the mother when it was found that the viability period would be reduced from 24 weeks to 22 weeks. It is questionable whether this was sufficient in ensuring that the right to life of the foetus under Article 2 was being provided with greater protection since the rights of the mother will continue to prevail in the majority of situations. It could be said that it is necessary for the mother’s rights to be ascertained over the rights of the unborn child because women should be regarded as individuals as opposed to being merely containers for the foetus. In accordance with this, greater consideration should be given to the rights of the mother, though some protections should also be available for the unborn.[28] Arguably, it is important that both the rights of the mother and the unborn child shall be considered, though much more weight ought to be given to the mother’s interests as she is already considered a viable person. It has been contended by Herring that; â€Å"women who want an abortion should not be required to continue with the pregnancy.†[29] Therefore, although Article 2 expressly states that the right to life is to apply to â€Å"everyone†, the extent to which this applies to the foetus is arguable in view of the confliction that exists between the rights of the mother and the rights of the foetus. In A-G’s Reference (No 3 of 119)[30] it was noted that a foetus is not regarded as a â€Å"person† and will therefore not be directly protected by Article 2 of the Convention. It was further added that the only right to life in which a foetus has is implicitly limited by the mother’s rights and interests. This suggests that a foetus will only be provided with the right to life indirectly from the mothers right under Article 2. It is unclear whether this completely undermines a foetus’ right to life, though it seems likely given that that Article 2 will not be violated if a pregnancy is terminated. The Courts have expressed great reluctance to elucidate on this matter, by assessing whether Article 2 will provide rights to the foetus or not, because of the existing moral and ethical considerations. As a result, great complexity continues to exist within this area of the law and unless Article 2 is more clearly defined, complexity will continue to ensue. Yet, because of the moral issues that are prevalent throughout, it seems as though a single approach would not be workable. Therefore, the decision as to whether an abortion should be permitted or not will continue to be decided on a case by case basis. As such, it will depend primarily upon the circumstances of each case. This allows a certain degree of flexibility to exist which is necessary given that each case will differ from the next. However, it is likely that the rights of the mother will continue to be favoured over the rights of the unborn child. Nevertheless, because of the politics that surround abortion, the European Court of Human Rights has been said to be â€Å"wary of making a general rule concerning the legal status of the foetus, preferring to leave this question to the margin of appreciation.†[31] It cannot be said that this is acceptable given the ambiguity that arises within this area. But because there is no right or wrong answer as to whether the rights of the mother should prevail over the rights of the foetus the legal status of the foetus could not be defined by the Courts without attracting opposition. It could be said that the UK has made some attempt to identify the rights of the foetus despite the fact that no right to life exists, yet the extent to which these interests are being protected will be likely to remain debated. When the case of Vo was brought before the ECHR they appeared to focus more on the question as to when life begins as well the nature and characteristics of the foetus, as opposed to focusing on the relationship between the mother and her potential child and the others right to reproductive freedom and autonomy.[32] Therefore, the approach taken by the ECHR should have been based upon the recognition of foetal interests as well as the loss of a mother’s relationship. Whilst this would not have addressed all of the difficulties that arise in this area, it would have provided some recognition as to the interests of the foetus. Much more needs to be done if foetal interests are to be provided with greater protected, whilst at the same time maintaining the rights of the mother. The rights of the mother appear to be protected in favour of the rights of the foetus, yet it has been said that this ensure the human dignity of the mother is being preserved.[33] This is because if a mother was not provided with the choice to terminate a pregnancy, it is likely that their human dignity would be violated. Whilst this this may be at the expense of the rights enshrined in Article 2, it is deemed necessary in protecting the mother’s interests. Balancing the Rights It is doubtful that the rights of the foetus and the rights of the mother are being balanced since the rights of the foetus continue to be undermined. Whilst there are some protections in place to preserve the interests of the foetus, these do not appear sufficient and so it seems as though tighter restrictions ought to be implemented to ensure that abortion is not easily accessible. This would allow for a more acceptable balance to be attained because at present it seems to be largely one-sided. If abortion was only permitted in extreme circumstances, it would not be capable of being used as another form of contraception and the interests of the foetus would be better recognised. On the contrary, it is argued that further limitations would limit the mothers freedom to choose and their own rights would be undermined if Article 2 was to provide express rights to unborn children. Therefore, whilst abortion should still be permitted, limitations should be imposed so that the rights of the foetus are given better protection. It is unclear whether judges should be left to make a decision on whether an abortion is lawful or not since opinions will differ significantly on this subject. Thus, it cannot be said that judges should be left to decide upon moral issues. Whilst one judge may agree with abortion, another judge may not as individuals have different perceptions on what is and what is not morally right. This is why the courts have been quite reluctant to use a single approach when deciding upon the interests of a foetus and it seems that the matter is better left undefined. This was identified by Sandel when it was argued that there are differences of opinions as to whether abortion is morally reprehensible and therefore worthy of prohibition, whilst many avoid passing judgment on the morality of these practices.[34] The ECHR appears to have adopted the latter approach, by failing to provide a decision on the legal status of foetus’. This lack of definition may actually be in the interests of the foetus since rights are capable of being provided that may not have been had a definition been in place. The determination as to whether abortion should be a mother’s choice or not will be capable of being assessed differently in all cases. This is necessary given the diverging opinions that exist since it will continue to be argued by many that Article 2 should provide a right to â€Å"anyone† including unborn children, whilst others will continue to be of the view that the decision should be left with the freedom of choice as protected u nder Article 13 of the Convention. The current practice that is being adopted in striking a balance between the two competing interests does appear to be the most plausible approach to take since each case will be determined by its facts. This could, however, lead to judicial activism occurring, which appears to have happened in the Roe case above which was described by Thielen as â€Å"an incredible reach of judicial activism.†[35] Judicial activism occurs when a ruling is said to be based upon political or personal considerations as opposed to being based upon existing law.[36] Therefore, if when Courts are provided with the ability to decide upon matters concerning abortion, judicial activism is likely to emerge which undermines social policy and, in some instances, human rights. Still, as put forward by Ewing and Gearty; â€Å"English judges have shown a powerful engagement with the rights of the unborn in the past,†[37] yet whether violations of one’s huma n rights are arising out of this is likely and it seems quite difficult for a balance to be achieved between the rights of the unborn with the rights of the mother. Conclusion This area is extremely controversial and because of this it is difficult for legislators as well as the judiciary to make a decision as to whether a foetus does have rights. Many people are of the view that every woman should have the right to choose whether or not to have an abortion, yet not all agree with this. Instead, it is argued that women are capable of using abortion as a form of contraception because of how easily accessible it is. Whilst there are some restraints in place to prevent this from happening, such as the requirement to obtain permission from two doctors, it cannot be said that such measures are effective. This is because it is highly unlikely that an abortion would be refused unless the stages of pregnancy have gone past the 24 week threshold. Furthermore, because women are permitted to have an abortion past this stage if the unborn child is suffering from a disability, the rights of the foetus are being undermined even further. It is therefore questionable whet her the current law is effective in preserving the interests of the foetus since the law has not made it difficult for abortions to be performed. Therefore, it could be said that further restrictions are needed so as to balance the rights of the mother with the rights of the unborn child. Conversely, because there is a limit on the number of weeks a person can abort a foetus, it could be said that their interests are being adequately protected to a certain degree. Whether this is sufficient, however, is likely to remain a contestable subject for many years to come as there will continue to be differing opinions as to whether abortion should be so easily available. In effect, there are both strengths and weaknesses for right to abortion, yet it is questionable whether the strengths do in fact outweigh the weaknesses. BIBLIOGRAPHY Cases: A-G’s Reference (No 3 of 119) [1998] AC 245 H v Norway (1992) 73 D R 155 Open Door and Dublin Well Woman v Ireland (1992) 14 EHRR 244 Paton v United Kingdom (1980) 3 EHRR 408 Planned Parenthood v Casey (1992) 404 U.S. 833 Roe v Wade (1973) 410 U.S. 113 Vo v France Judgement of 8 July 2004 40 EHRR 12 X v United Kingdom (1980) 19 D R 244 Legislation: Abortion Act 1967 Disability Discrimination Act 1995 European Convention of Human Rights 1951 Human Fertilisation and Embryology Act 1990 Human Rights Act 1998 Textbooks: Herring, J. Law Express: Medical Law (Revision Guide), Longman, 2nd Edition, (2009). Herring, J. Medical Law and Ethics, OUP Oxford, 3rd Edition, (2010). Hope, T., Savulescu, J. and Hendrick, J. Medical Ethics and Law: The Core Curriculum, Churchill Livingstone, 2nd Edition, (2008). Kaczor, C., The Ethics of Abortion: Women’s Rights, Human Life, and the Question of Justice, (Routledge: London, 2013). Kennedy, I., Grubb, A., Laing, J. and McHale, J. Principles of Medical Law, OUP Oxford, 3rd Edition, (2010). Jackson, E. Medical Law: Text, Cases and Materials (Text, Cases and Materials), OUP Oxford, 2nd Edition, (2009). Mason, K. and Laurie, G. Mason and McCall Smith’s Law and Medical Ethics, OUP Oxford, 8th Edition, (2010). Articles: Abortion Rights Campaign, Why women need a modern abortion, law and better services, Available [Online] at: http://www.abortionrights.org.uk/content/view/180/121/ BBC, Women’s Rights Arguments in Favour of Abortion, Ethics Guide, (1992), Available [Online] at: http://www.bbc.co.uk/ethics/abortion/mother/for_1.shtml K.D and Gearty. CA, Terminating Abortion RightsNew Law Journal, 142 NLJ 1969, Issue 6579, (04 December, 1992). C, Forty Years On, New Law Journal, 157 NLJ 1517, Issue 7295, (02 November, 2007). Frankenburg, G., ‘Human Rights and the Belief in a Just World’ International Journal of Constitutional Law, Volume 12, Issue 1. Holetzky, S. What is Judicial Activism(04 February, 2010), Available [Online] at: http://www.wisegeek.com/what-is-judicial-activism.htm Human Rights, Right to Life: Not just an abortion issue, Available [Online] at: http://www.abouthumanrights.co.uk/right-life-not-just-abortion-issue.html I, A Vacancy in the Supreme Court, New Law Journal, 144 NLJ 537, Issue 6644, (22 April, 1994). McCrudden, C. Human Dignity and Judicial Interpretation of Human Rights, European Journal of International Law, EJIL 2008 19 (655), Issue 4, (01 September, 2008). O’Donovan, K. Commentary, Medical Law Review, Med Law Rev 2006 14 (115), (01 March, 2006). Sandel, M. J. Symposium: Law, Community, and Moral Reasoning Moral Argument and Liberal Toleration: Abortion and Homosexuality, California Law Review, 77 Calif. L. Rev. 521, (May, 1989). The Society for the Protection of Unborn Children, SPUC, Abortion and disability or eugenic abortion, Available [Online] at: http://www.spuc.org.uk/students/abortion/disability Thielen, D. Overturn Roe v Wade, Liberal and Loving It, (2005), Available [Online] at: http://www.davidthielen.info/politics/2005/08/overturn_roe_vs.html Wicks, E., Wyldes, M. and Kilby, M. Late Termination of Pregnancy for Foetal Abnormality: Medical and Legal Perspectives, Medical Law Review, Med Law Rev 2004.12 (285), (01 September, 2004).

Objects of significance Essay Example | Topics and Well Written Essays - 250 words

Objects of significance - Essay Example Nevertheless, when we shared special moments during our school life with my best friends, some of them gave me these objects as a reminder of our friendship. In fact, I only get a chance to meet my best friends during the summer and winter break. My prime objective to attend CCQ was to study and leave this place; thus, I never had any intentions to socialize with other students. Instead, I had chosen to spend all recreational time on my phone since I get the chance to chat with my high school friends. However, one of them has recently decided to join CCQ, but we barely get a chance to spend quality time together due to our inflexible schedules. Once I read a quote by Edna Buchanan, â€Å"friends are the family we choose for ourselves." I realized the true meaning of this quote, when my friends, whom we had spent years together, are beyond my reach. These friends are my chosen family; in fact, they were even becoming very close to my mother. Therefore, with this background information, I hope it will be easy to make you understand what this bracelet and necklace mean to me. The bracelet was a gift from one of my oldest friends in NYC, though time difference has taken a toll on our friendship we have still managed to remain close friends. In fact, it is a gift with more psychological effects than sentimental value. Moreover, it keeps me closer to my friend despite the distance between us. On the other hand, this necklace was a gift on my birthday by another friend, who currently lives in Lebanon, and the necklace has the same value as the bracelet; thus, this gives a reason why these objects are of significance to me. Thank

Computer science and information technology major personal statement Essay

Computer science and information technology major personal statement - Essay Example I noticed that the lock was very convenient since we never had to bring the key again. I started to dream about owning a smart house where electronics will do everything for us, such as tasks scheduling, voice commanding, decisions making, etc. Since coming to the U.S., I have seen people using iPhones to dim lights in their houses. I realized my dream is actually achievable, yet even that did not seem like enough. I want houses that are even â€Å"smarter†, and I wish one day everyone can own one of these houses. I want to customize my own smart house instead of those that exist already. Looking back on the past, I realize t that my dream had become more of a reality when I got to use computers.   The first time I used a computer I use it to play games only. I started to play a Japanese web game (livly) in 2005. By chance the game allowed me to customize my own homepage with HTML. I started to write simple HTML for my page. Eventually, I spent more time exploring the World Wide Web and discovered that there are programming languages for web pages which can do more than a markup language. I managed to read a book about PHP4 and MYSQL which I borrowed from the library. Although I did not have enough knowledge to understand everything, I read through the whole book and tried my best to understand all of the content. At the same time, my achievement in writing simple Visual Basic code in high school encouraged me even more to explore the computer field.   In 2009 I had a very special experience. I participated in a regional championship of the Worldskills Competition in Office and I was glad that I had learnt a lot in the field of software application from the training course I had taken. I was allowed to explore Microsoft Office at a deeper level by implementing VBA and the built-in library functions in Microsoft Excel. A year after I participated in another competition with participants from Hong Kong and Macau. I got a chance

Opportunities to increase profit Essay Example | Topics and Well Written Essays - 500 words

Opportunities to increase profit - Essay Example The business proposal contains the services and products offered by the hotel business to companies. It also includes the charges that accrue from the services and products rendered (Enz 2010). Currently, the business will primarily target the local organizations and companies and as it grows, it will consider opening up branches in other countries as food and beverages is an indispensable part of human beings as people have to eat for them to perform. Hotels are business of fast moving goods as food is made to be consumed the same day. The business offers delivery of food to the office premises on calls. It aims to get a contract so as to increase the returns. Selling products globally is a decision that will be made at a later date since the business in at the developing stage. Producing goods in the United States of America is very expensive. So the company as it grows will aim at buying the raw food from countries with low production cost hence low prices for the raw foods. For profits to be maximized, the business will need loyal companies that will be multiple and repeat customers to the business (Enz 2010). For the hotel business to acquire a competitive edge in the competitive business, the business needs to have knowledge on the potential companies. It should also know the credibility of the company to make sure it does not run into bad debts. Once the information is sought, the next step is approaching the company with the business proposal (Enz 2010). The marketing director should be an individual who can convince clients and seal the deal. Once the contract is signed, the business ought to hire qualified and experienced staff to process the orders from the client. The employees need to be well remunerated as treat them ethically. The cookers, warmers and equipments to be used will be modern technology so as to reduce

Human Resource Management

Human Resource Management 1. Introduction By definition â€Å"Human Resource Management (HRM) is the function within an organization that focuses on recruitment of, management of, and providing direction for the people who work in the organization† (Hofstede,G 1984) Human Resource Management (HRM) can also be performed by line managers. As more and more cooperation are becoming global in their operations people management is becoming more complex and sophisticated. In this report it is briefly discussed whether it is possible to manage people from different countries with the same policies and procedures across the continents i.e. whether it is possible for a multinational company to have ethnocentric approach and still have global presence or should they adopt more geocentric approach to succeed in foreign markets. According to Porter (1980, 1985)† HRM can help a firm obtain competitive advantage and there is a direct correlation between strategic HRM and economic success† Since, the major (and developing) markets for mobile phones and electronics are USA and European countries, to be closer to these large markets a manufacturing plant should be established in either of the continents. It is very important for the company’s management to have clear understanding of HRM practices of both the continents (societies) before they invest in new plant in either of the continents. It’s clear from the studies in the past that for operational success in foreign land it is important for the management to deeply study the local HRM practices. A few studies have investigated the effects of culture on use of HRM strategies (Gooderham et al., 1999; Tregaskis, 1997), finding that the HRM strategies used by companies may reflect the cultural values of the managers and employees ( Gooderham et al., 1999; Hofstede, 1991 cited in Fields,D., Chan, A. , Akhtar, S. and Blum, T.C. (2006 ). This report will scan North American as well as European culture for huma n resource practises and compare it with Asian HRM practices (where firm is currently based) , also it will throw some light on cultural values, recruitment and training, payments and rewards, motivation and employment relations of North American (USA Canadian) and Europe Union companies. 2. Culture: The most important factor to look for while globalising the operations The best and most comprehensive definition of culture so far has been given by anthropologist Kluckhohn in 1951, according to definition: Culture consists in patterned ways of thinking, feeling and reacting, acquired and transmitted mainly by symbols, constituting the distinctive achievements of human groups, including their embodiments in artefacts; the essential core of culture consists of traditional (i.e. historically derived and selected) ideas and especially their attached values. Culture involves a set of cognitions that are shared by all or many members of a social unit; these cognitions are acquired through social learning and socialization processes, and they include values, common understandings, and patterns of beliefs and expectations (Rousseau, 1990). According to Hofstede’s in his studies in 1984 it was found that there are main 5 dimensions to culture which are Power Distance, Individualism, Uncertainty Avoidance and Masculinity/Femininity. When dealing with people from diverse background senior managers play the most important role in shaping cultural values of the organization (Sharma,B. and Chew,K.H 2005). Employment practices play an important role in shaping the organizational culture and become the motivating factor for employees. To have successful implementation of HRM policies and practices above mentioned cultural dimensions shouldn’t be ignored by HR manager especially when globalizing the operations. 2.1 High and Low context Cultures High context culture refers to a culture’s tendency to cater towards in-groups, an in-group being a group that has similar experiences and expectations, from which inferences are drawn. In a high context culture, many things are left unsaid, letting the culture explain. High context cultures are collectivistic in nature. (Hall, T.E 1976) Low Context culture has tendency to cater towards in-groups. Low context cultures, such as Germany or the United States make much less extensive use of such similar experiences and expectations to communicate. Much more is explained through words or verbalization, instead of the context. Low context cultures are usually individualistic. (Hall, T.E 1976) In order to communicate successfully managers have to consider the cultural differences and have to alter communication process according to individualistic or collectivistic cultures. It is best to explain theses differences in terms of low- and high-context communication. Context has to do with how much you have to know before you can communicate effectively. (Hall, T.E 1976) 3. Types of Organization In 1991 kabanoff in his research developed a typology that describes four value profile types organizations can fall into – â€Å"Elite†, â€Å"Meritocratic†, â€Å"Leadership† and â€Å"Collegial†. The value profile of an organization is determined by two factors – the degree of equality versus inequality in their structures and the degree of equity versus egalitarianism in their processes. The Collegial profile describes an organization where cohesion is the principal concern. Power, rewards and resources are evenly distributed; it relies upon a commitment to shared values and individual responsibility for actions as the basis for task-achievement rather than upon more tangible rewards; the organization exercises relatively little control over peoples activities (e.g. professional bureaucracies). (Kabanoff, 1991). The Meritocratic profile describes an organization whose members are highly concerned with both cohesion and productivity. This type shares many of the integration-oriented qualities of the collegial culture but with increased emphasis on performance and rewarding people for performance (Kabanoff, 1991).An international human resource manager should keep culture (of the country in which organization is based) and type of organization he works for in mind while designing or forming the people management policies for the organization to have successful results. Few organizations foster â€Å"high performance work systems† also known as high commitment or high involvement practices or systems (Wood, 1999 cited in Zacharatos, A., Hershcovis, M.S., Turner, N., Barling, J. 2007).This type of organizations treat its employees as assets, managers in these types of organizations treat employees with fairness and with respect more importantly employees in such organizations become part of decision making process. Such organizations provide employees with job security, opportunities to upgrade their skills or pay employees comparatively better wages. (Wood, S., Wall, T., 2002) According to Wood, S. and Wall, T., (2002) all the organization with â€Å"high performance work systems† have following characteristics: a) Foster employee involvement in their work. b) Fosters employee involvement and commitment towards organizational goal. c) Opposite to Taylorist model in which ‘control’ is favored, in â€Å"high performance work systems† instead individual and group autonomy is preferred. So far in this report we have discussed culture and its impact on work environment also, for clear understanding of the concept organizational types have been discussed. Now moving further this report will briefly discuss European and North-American work culture and compare it with Asian practices of human resource management. This knowledge will help management to understand what changes needs to be made to current employment practices in order to successfully manage and motivate employees in western countries. 4. Popular Models of HRM 4.1 The European model of HRM In his studies of HRM-economics success equation Beyer (1991) has said â€Å"Human Resource Management is the only true important determinant of success.† In the past most of the authors of HRM studies have focused on US and Japanese models of HRM practices as US is considered to be the birth place of management studies and Japanese model of organizational structure( including human resource practices) have been very successful in the past. Very little has been written or said about European model of HRM .There are clear country differences which can be understood and explained in the context of each national culture and its manifestation in history, law, institutions and trade union and employing organization structures; or in terms of regional clusters within Europe (Filella, 1991 as cited in Brewster, C; 1993). In the words of Thurley, K. and Wirdenius, H. (1991) European Management is emerging, and cannot be said to exist except in limited circumstances; is broadly linked to the idea of European integration, which is continuously expanding further into different countries (i.e. the 12); reflects key values such as pluralism, tolerance, etc., but is not consciously developed from these values; is associated with a balanced stakeholder philosophy and the concept of Social Partners. 4.1.1 Importance of Trade Unions in Europe In European countries the presence of unions are important â€Å"the definition, meaning and reliability of unions varies from country to country in European Union (Brewster, C.1993).† European countries are heavily unionized as compared to US. Countries like France, Germany for example has legislation making obligatory for firms over certain size and employee strength to consult trade unions in certain circumstances. (Brewster, C.1993). Few academicians argues that workforce in Europe as a continent is deeply influenced by trade unions for example Sweden has union membership of 85 per cent of working population, UK has 40 per cent and France has 12 per cent which is double of US (Gunnigle et al., 1993 cited in Brewster, C.1993 ). The most important function of trade unions in European countries is to get a collective bargain for the employees on industrial or national level (Gunnigle et al., 1993 cited in Brewster, C.1993). By studying the European style of management it can be said that Trade Unions can be seen by management as Social Partners which has a positive role to play in human resource management. This type of view of trade unions is quite opposite to American style of management. 4.2 The US model of HRM HR policy is defined by a set of principles, which aim to solve a set of problems and that materialize in a set of practices (Tome, E.,2005). The pioneering study in the field of scientific management which found its way in modern HRM was conducted by Taylor in US in 1964. Few of the important points from Taylor’s study are as follows: Human skills and organizational competences are essential to the development of any company. The skills pyramid has a small top and large base. Knowledge is essentially possessed by the small group at the top. The small top group members should be highly rewarded because they possess a very important asset: knowledge. (Cited in Tome, E., 2005). These points have acted as base of US model of HRM since long time. According to Hofstede (2001) in his studies have shown that US culture is more individualistic and achievement-oriented as compared to any other country, Managers from US give more importance to knowledge as compared to anything else and employees do not relate personally (moral connections) to the jobs like Japanese employees do. 4.2.1 Anti- Unionism in US US model of HRM is anti-union and anti-collective-bargaining. The contemporary approach of HRM ignores trade-unions and are being based on a unitary view of organizations (Strauss, 1968). Since the US society is high on individualistic characteristics so trade-unionism is not very popular in American society. According to research conducted by Marsh,R. and Pedler, M in 1979 on unionization in white collar jobs, eight factors were found that affect white collar unionization in US and UK ( See Appendix 1) : (1) Company organisation structure (2) Occupational composition of the workforce (3) Managerial attitudes (4) Existence of staff associations (5) Employers Associations (6) Trade Union recruiting strategies and organisation (7) Professional Associations (8) Government Interventions 4.3 Asian model of HRM Managers and workers from companies originated from Asian countries may tend to see a relationship with an organization as a moral connection, where the collective unit and worker have reciprocal obligations to each other. On the other hand, US managers may tend to view employment relationships as primarily calculative in nature (Hofstede, 2001; cited in Fields,D., Chan, A. , Akhtar, S. and Blum, T.C. ,2006 ). This difference may reflect the higher individualism in US culture, where conformity to an organization is seen negatively as intrusion in the self-interest of the employee (Hofstede, 2001). Managers and worker in Asian countries for example China and Hong-Kong differ from the workers in US (North America) in power distance i.e. a preference is given to more formal interactions with superiors. More importance is given to collectivism in Asian societies as compared to individualism in western societies. These cultural differences may combine to establish differences in decision-making and models of employee-organization relationships that influence choices of strategies to counteract uncertainties in the supply of labor (Fields, D., Chan, A., Akhtar, S. and Blum, T.C. (2006). 4.3.1 Performance assessment In Asian cultures workers may view performance monitoring and assessment positively. Increased performance monitoring can be perceived as a symbol that managers are taking a greater interest in the workers (Hofstede, 2001). Performance assessment is viewed by Asian workers as one of the ways by which they show their moral connections with the company. According to Redding and Wong, 1986 â€Å"the retention of existing workers in Asian organizations may be increased by placing more emphasis on performance monitoring and assessment† On the contrary, because of lower power distance in US culture increased performance monitoring is seen negatively. It is seen as management’s way of emphasizing the differences between bosses and workers (Hofstede, 2001). In US and European countries this policy of constant and strict performance assessment/monitoring can lead to high attrition within the organization, also it may lead to workers seeking different jobs which could possibly lead to labor shortage in the organization. 4.3.2 Training and Recruitment In collectivist culture like Asian cultures more emphasis is paid on training and development of existing employees as companies/organizations take it as their moral obligation to increase its employee’s skills (Hofstede, 2001; cited in Fields, D., Chan, A., Akhtar, S. and Blum, T.C. (2006). Also, Asian firms view training of employees as one of the way to reward them, these in-house trainings make employees feel that they are accepted and important part of collective unit. (Redding and Wong, 1986). In US and European culture where workers are more individualistic and self-interested in their pursuits companies see training as building technical and interpersonal skills of employees (Drost et al., 2002). Such employment practices are popular in US and Europe because of tight labor market and individualistic employees use newly acquired skills to find better position elsewhere. 5 Five Key Factors for successful transfer of HR policies from HQ to subsidiary (See Appendix 2) 5.1 International experience of local HR director The local HR director plays an important role while transferring HR policies. HR director needs to deal effectively with HQ staff, the foreign CEO and the colleagues from other countries. It is desirable that the local HR director have international experience from working and living abroad. (Diplomingenieur, W.S., 2004) 5.2 International experience of HQ HR staff HQ staff needs to have the experience of ‘the other side’ to be a valuable partner to the subsidiary. The necessary experience, in addition to subject expertise, includes cultural sensitivity and a keen sense for the daily business challenges in the subsidiaries. (Diplomingenieur, W.S., 2004) 5.3 Practice manuals, clear guidance Company/firm should avoid generic policies and guidelines that need to be translated into practices to be justify to management in HQ. HR managers should rather have clear practice manuals and directives, with the freedom to deviate if appropriate. As a simple example consider a policy that says ‘performance review is mandatory’ versus a manual that says ‘in April each year every employee gets to speak face to face with his or her manager about past performance and expected future performance’(Diplomingenieur, W.S., 2004) 5.4 Establish feedback routes to HQ other than the CEO Using the CEO as a feedback route to HQ for HR matters is a ‘short term fix’ that prevents the long term solution of having a more versatile and internationally functioning HR, both in HQ and in the subsidiaries. (Diplomingenieur, W.S., 2004) 5.5Organisation by region, not by issue (mentor) Cultural barriers are reduced and a more direct communication is possible if responsibilities in HQ are organised by region rather than issue. If every country has ‘their’ HR generalist in HQ as a partner, there will not only be fewer misunderstandings but also the HQ tendencies to have very theoretical, or specific, policies will decrease. (Diplomingenieur, W.S., 2004) Conclusion It is not essential that managing people is same in all the countries but it hugely depends on the organizational culture and values. Pieper (1990) in his study of European management styles has concluded that ‘a single universal model of HRM doesn’t exist.’ High and low context culture plays an important role in organizations success. An HR manager should keep typology of organization in mind while forming policies, procedures and processes for his firm as it is evident from empirical studies that companies fall under â€Å"Elite†, â€Å"Meritocratic†, â€Å"Leadership† and â€Å"Collegial† typologies and equality/inequality, power distance and individualism/collectivism in the organizational culture depends on typology of the organization. It can also be argued that a multinational company has to keep few values for e.g. The vision and mission of the organization uniform in each and every country of operation in order to achieve its short and long term goals. However, in its endeavor HR manager should not forget that people from different countries have different value system which makes International HRM a challenging task while globalizing the operations. Recommendation The transfer of policies and procedures from the parent organization to subsidiary location is very important for the multinational organizations in order to globalize its the operations. The ability to transfer knowledge effectively across the border is identity of a successful MNE, while doing this management should keep cultural difference in mind, to formulate policies and processes that are not only motivating for employees but also helpful to management for smooth operations. Management should keep five key factors mentioned above in mind to successfully transfer HRM policies to western countries. It is expected from local HR manager to adapt companies polices according to European or North-American style of HRM and translate into practice. Firm should encourage HR managers as well as employees to participate in cross-border cultural training. Recruit people with international experience or else some of the staff can be transferred from HQ in Asia to the subsidiary in Europe or North-America for short period of time. Create a company specific, regional, practice manual for HR. And lastly encourage at least one annual trip for the local HR director at Europe or America to HQ in Asia. References Beyer, H.T. (1991) â€Å"Personalarbeit als integrierter Bestandteil der Unternehmensstrategie† paper to the 1991 DGFP Annual Congress, Wiesbaden. Brewster, C; 1993 â€Å"Developing a ‘European’ model of human resource management† Diplomingenieur,W.S.,(2004) : the dissertation submitted in University of Southern Queensland, Australia , on â€Å"Transfer of human resource policies and practices from German multinational companies to their subsidiaries in South East Asia † P :165-169 Drost, H., Frayne, C., Lowe, K., Geringer, J.M. (2002), Benchmarking training and development practices: a multi-country comparative analysis, Human Resource Management, Vol. 41 No.1, pp.67-86. Fields,D., Chan, A. , Akhtar, S. and Blum, T.C. (2006), â€Å"Human resource management under uncertainty.† Gooderham, P., Nordhaug, O., Ringdal, K. (1999), Institutional and rational determinants of organizational practices: human resource management in European firms, Administrative Science Quarterly, Vol. 44 pp.507-31. Hofstede, G. (1984), Cultural dimensions in management and planning, Asia Pacific Journal of Management, Vol. 1 No.2, pp.81-99. Hofstede, G. (1991), Cultures and Organizations: Software of the Mind, McGraw-Hill, London, . Hofstede, G. (2001), Cultures Consequences, Second Edition: Comparing values, behaviors, institutions, and organizations across nations, Sage Publications, Thousand Oaks, CA, . Hall,T.E (1976); Beyond Cultures Kabanoff, B. (1991), Equity, equality, power and conflict, Academy of Management Review, Vol. 16 pp.416-41. Kluckhohn, C. K. (1951). â€Å"Values and Value Orientations in the Theory of Action† Marsh,R. and Pedler, M. (1979),†Unionizing the white collar worker† P: 2-6 Pieper, R. (1990), â€Å"Human resource management: An international comparision, Berlin† Porter, M. (1980) Competitive Strategies, New York: The Free Press Porter, M. (1985) Competitive Advantage, New York: The Free Press Redding, G., Wong, G.Y.Y. (1986), Chinese organizational behaviour, in Bond, M.H. (Eds),The Psychology of the Chinese People, Oxford University Press, Hong Kong, . Rousseau, D.M. (1990), Assessing organizational culture: the case for multiple methods, in Schneider, B. (Eds), Organizational Climate and Culture, Jossey Bass, San Francisco, CA, Strauss, G. (1968) ‘Human relations – 1968 Style’ , Industrial relations, 7: 262-76. Sharma,B. and Chew,K.H (2005); â€Å"The effect of culture and HRM practices on firms performance.† Taylor, F. (1964), Scientific Management, Harper Row, London, . Thurley, K. and Wirdenius, H. (1991) â€Å"Will management become ‘European’ Strategic choices for organisations† , European Management Journal, 9, 2: 127-34. Tome, E. (2005) â€Å"Human resource policies compared: What can the EU and the USA learn from each other?† P 405-418 Tregaskis, O. (1997), The role of national context and HR strategy in shaping training and development practice in French and U.K. organizations, Organizations Studies, Vol. 18 No.5, pp.839-56. Wood, S., Wall, T. (2002), Human resource management and business performance, in Warr, P. (Eds),Psychology at Work, Penguin, London, pp.351-74. Zacharatos, A., Hershcovis, M.S., Turner, N., Barling, J. (2007 ) â€Å"Human resource management in the North American automotive industry: A meta-analytic review† : 231 – 254 Appendix 1 Source: Marsh,R. and Pedler, M. (1979),†Unionizing the white collar worker† P: 2-6 Appendix 2 Source: Diplomingenieur,W.S.,(2004) : the dissertation submitted in University of Southern Queensland, Australia , on â€Å"Transfer of human resource policies and practices from German multinational companies to their subsidiaries in South East Asia † P :165-169