Promote Equality, Diversity and Inclusion in Work with Children and Young People Essay Example

Promote Equality, Diversity and Inclusion in Work with Children and Young People Essay Promote equality, diversity and inclusion in work with children and young people 1. 1 Identify the current legislation and codes of practice relevant to the promotion of equality and valuing of diversity. When working in a school it is important that staff is aware of the ever changing legislation, especially the aspects related to promoting equality and valuing diversity. We need to be able to identify their relevance in school and that we are aware of them when carrying out our roles. Current legislation and Codes of Practice Every Child Matters 2003 covers children and young adults up to the age of 19, or 24 for those with disabilities. Its main aims are for every child, whatever their background or circumstances, to have the support they need to: †¢Be healthy †¢Stay safe †¢Enjoy and achieve †¢Make a positive contribution †¢Achieve economic well-being Each of the above has a detailed framework. In order for success within these frameworks many different agencies work together. The agencies in partnership may include, children’s centers, early years, schools, children’s social work services, primary and secondary health services, Playwork and Child and Adolescent Mental Health services. It is important that all these professionals work together and understand each other roles in order to provide the best possible service. The fundamental aim of Every Child Matters is to ensure every pupil is given the chance to be able to work towards the goals referred to within it. Children Act 2004 aims to ensure that the welfare of the child is paramount and works in partnership with parents to protect children from harm. We will write a custom essay sample on Promote Equality, Diversity and Inclusion in Work with Children and Young People specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Promote Equality, Diversity and Inclusion in Work with Children and Young People specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Promote Equality, Diversity and Inclusion in Work with Children and Young People specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The Act is intended to strengthen the child’s legal position, to give him/her equal rights, feelings and wishes and ensures children are consulted and kept informed. The Race Relations Act 1976 (amended 2000) – makes it unlawful to treat a person less favourably than another on the grounds of race including, race, colour, nationality and national or ethnic origin. The Act outlawed discrimination whether it is direct, indirect or victimisation. It placed a general duty to promote race equality and good race relations. Positive discrimination (affirmative action) is illegal in the UK and The Race Relations Act does not allow it. In other words a teacher cannot change the stability of the classroom by selecting a child mainly because she or he is from a particular racial group. This would be discrimination on racial grounds and against the law. The Disability Discrimination Act 1995 (amended 2005) it is unlawful to discriminate against people in respect of their disabilities. All disabled people should be treated in a fair and equal way in relation to employment, the provision of services, education and transport. It has been unlawful for service providers to treat disabled people less favourably for a reason related to their disability. They have had to make adjustments for disabled people, such as providing extra help or making changes to the way they provide their services. Also service providers may have to make other adaptations in relation to the physical features of a building in order to overcome physical barriers. Schools are now encouraged to include children with disabilities into mainstream school. Special Educational Needs and Disability Act 2001 introduces the right for disabled pupils (primary age higher education) not to be discriminated against in education, training and any services provided for pupils. Student services covered by the Act can include a wide range of educational and non-educational services, such as field trips, examinations and assessments, short courses, arrangements for work placements and libraries and learning resources. It will be unlawful to treat a disabled person ‘less favourably’ than a non-disabled person for a reason that relates to the person’s disability. If a disabled person is at a significant disadvantage, you are required to take reasonable steps to prevent that disadvantage. This might include: †¢changes to policies and practices †¢changes to course requirements or work placements changes to the physical features of a building †¢the use of interpreters or other support workers †¢the delivery of courses in alternative ways †¢the use of material in other formats Human Rights Act 1998 helps create a society where people’s rights and responsibilities are balanced. All humans have the same rights and are treated equally. Human rights are meant for everyone, no matter what their race, religion, ethnicity, nationality, age, sex, political beliefs, intelligence, disability, sexual orientation or gender identity. Our basic human rights are: †¢Right to privacy †¢Right to live †¢Right to have a family To own property †¢Free Speech †¢Safety from violence †¢Equality of both males and females †¢Fair trial †¢To be innocent until proven guilty †¢To be a citizen of a country †¢The right to express his or her sexual orientation †¢To vote †¢To think freely †¢To believe and practice the religion a person wants †¢Health care †¢Education †¢Not be forced into marriage †¢The right to love †¢The right to work †¢The right to express oneself (Source: wikipedia. org – Human Rights) Un Convention on the Right of the Child 1989 it sets out in detail what every child (under the age of 18) needs to have for a safe, happy and fulfilled childhood. It includes children’s civil, political, economic, social and cultural rights and promises to provide what a child needs to survive, grow, participate and fulfil their potential. This applies to every child, no matter who they are or where they are from. Equality Act 2010 covers nine characteristics that are protected by this act. They cannot be used in any way to treat people unfairly. Everyone has one or more of the protected characteristics, so everyone is protected against unfair treatment. The protected characteristics are: †¢age †¢disability †¢gender reassignment marriage and civil partnership †¢pregnancy and maternity †¢race †¢religion or belief †¢sex †¢sexual orientation As far as schools are concerned this means that they cannot unlawfully discriminate against pupils because of their sex, race, disability, religion or belief and sexual orientation. This also includes pupils who are pregnant or undergoing gender reassignment. Th e Sex Discrimination Act 1975 makes it unlawful to treat a woman or a man less favourably in employment, training, education and the provision of goods, facilities and services on the grounds of their gender or marriage. It prohibits direct or indirect sex discrimination against individuals in employment. Types of direct sex discrimination include sexual harassment and treating a woman unfavourably because she is pregnant. Indirect sex discrimination is where a requirement is applied to both sexes, but negatively affects more of one gender than the other, e. g. a requirement to be under 5ft 10ins would discriminate against men, while a requirement to work full-time might discriminate against women. Equal Pay Act 1970 prevents discrimination between male and female employees in the same job in relation to pay and terms and conditions. The Gender Reassignment Regulations 1999 extended the Sex Discrimination Act to make it unlawful to discriminate on grounds of gender reassignment. Civil Partnership Act 2004 allows same-sex couples to make a legal commitment to each other by entering into a civil partnership. This means that gay and lesbian couples who register their relationship will have similar rights and responsibilities to married couples including, property rights, social security and pension benefits, parental responsibility, tenancy rights, full life insurance and next of kin rights in hospitals. EU Employment Directive 2000 prohibits employment discrimination on the grounds of religion or belief, disability, age or sexual orientation. It prohibits both direct and indirect discrimination and also includes harassment. Employment Equality (sexual orientation) Regulations 2003 – gives rights to lesbian, gay and bisexual workers. The regulations make it unlawful to discriminate on grounds of sexual orientation in employment and professional training, including university students. The regulations include protection against direct discrimination, indirect discrimination, victimisation and harassment. Employment Equality (religion and belief) Regulations 2003 make it unlawful to discriminate on grounds of religion or belief held (or not held) in employment and professional training, including university students. Again, the regulations include protection against direct discrimination, indirect discrimination, victimisation and harassment. Employment Equality (age) Regulations 2003 make it unlawful to discriminate on the basis of age in all areas of employment, including training. The regulations do add in some situations where discrimination can be lawful if there is good reason but these are subject to strict guidelines. Statutory Code of Practice on Racial Equality in Employment – helps prevent unlawful racial discrimination and is relevant to all employers. It will help: †¢understand the Race Relations Act and be aware of your duties, rights and responsibilities †¢treat all workers in the same way, no matter what race, colour, nationality or ethnic group they are †¢improve your equality practices The code will help you draw up an equal opportunities policy and put it into practice. It must apply to all workers, throughout all stages of employment and should include: †¢advertising and recruiting for a post offering equal terms and conditions to potential employees †¢providing access to training, promotion or other opportunities †¢dismissing someone from a post †¢preventing harassment on racial grounds in the workplace Some of the above legislation has merged together under the Equality Act. These include: The Race Relations Act 1976 (amended 2000), The Disab ility Discrimination Act 1995 (amended 2005), The Sex Discrimination Act 1975, Equal Pay Act 1970, Employment Equality (age) Regulations 2003, Employment Equality (religion and belief) Regulations 2003 and Employment Equality (sexual orientation) Regulations 2003 Every school has a number of policies that set out the guidelines and procedures for ensuring equality. These take account of the rights of all individuals in school. When considering the way policies work to ensure equality and inclusion, it is important that we take into consideration all aspects of school life i. e. teaching, learning, values and practice. All schools should have a commitment towards promoting inclusion and equality. This usually comes in the form of written policies, which reflect the rights and responsibilities of all people associated with the school environment. Policies also provide guidance for staff and visitors on the ways the school ensures inclusive practice. A few examples of these policies are: †¢Health and Safety †¢SEN. †¢Behaviour †¢Equality and diversity †¢Attendance †¢Anti-bullying †¢Code of Conduct †¢Confidentiality †¢Inclusion †¢Safeguarding All of the above policies will include ways that schools work in relation to: †¢Race cultural diversity †¢equality of opportunity inclusive practice †¢safeguarding bullying †¢gifted talented pupils †¢special educational needs †¢disability access. †¢ The different ways in which schools promote the rights and equality for children are included in the policies. Schools must monitor the strengths and weaknesses in a policy and amend them in response to the ever changing legislation. To make this all a little easier to understand it can be viewed as a cycle. The cycle of development of legislation, policies and practice (Source:Pearsonschoolandfecolleges. co. uk) 1. 2 Explain the importance of promoting the rights of all children and young people to participation and equality of access Equality of Access is the idea that all pupils have equal rights of access to any aspect of school life. All pupils have the right to an expansive curriculum and schools have a duty to ensure that all pupils have equality of access no matter what their background, race, culture, gender, additional need or disability. Equality of access ensures that all discriminatory barriers are removed allowing for children’s individual needs to be met. An example of the importance of promoting equality of access, in my own experience, involves the child I worked with. She had a hip operation and was wheel chair bound for three months. As the school had ramp access to the building her education wasn’t hindered in any way. Participation is as important as equality of access and includes everyone within the school. It involves finding opportunities to talk to children and their parents about all aspects of school life and the curriculum. They could be asked what works, what doesn’t work, what could work better and they could also be involved in decisions about how their education is delivered to them and the evaluation process. Children want to be involved in the running of school and this process creates a sense of well being and worth. Children are more likely to interact and enjoy everything school has to offer. Participation also helps reduce bullying, improve school safety and supports a child’s emotional and social development. In my setting, participation is achieved formally and informally. We have a school council, made up of two children from classes 1-6. They meet on a regular basis and discuss school issues, set up play buddies, set up events to raise money for local charities and much more. Basically giving children a voice. Informally, we often chat in class or have whole school assemblies to come up with ideas for the future. At the start of term the whole school put together the new school rules with the head teacher, which the children agreed to and then signed. 1. 3 Explain the importance and benefits of valuing and promoting cultural diversity in work with children and young people Culture can have many different meanings and it’s what gives groups of people in our society their identity. Valuing and promoting cultural diversity of individuals and groups within the school will develop learning and encourage the knowledge and understanding of all pupils. Understanding and taking account of our pupil’s background and culture is essential for us to build effective relationships and provide appropriate support. Our school provides opportunities to ensure that children from all cultures feel welcome. We value and promote cultural diversity by: †¢making children feel valued and good about themselves †¢ensuring that children have equality of access to learning †¢creating an nvironment of mutual respect and tolerance †¢encouraging positive behaviour in children e. g. kindness and inclusion †¢exploring different faiths and cultural practices as part of the curriculum – RE and PHSE lessons †¢displaying signs around school in a variety of languages †¢taking part in awareness assemblies †¢using learning resources representing different cultures e. g. play sets, empathy dolls, books †¢taking part in celebration days/lessons – we recently had a cookery lesson led by a parent who is from Thailand and a lady from India spent a day with us teaching there way of dance. Both were thoroughly enjoyed by all the children (and staff! ) It is important to help children feel settled and secure in their environment and this can be achieved by participating in all of these opportunities, in turn children know that their culture is respected. Valuing and promoting cultural diversity are beneficial in that they build children’s confidence, develop their understanding and awareness and give a sense of pride. In time this will create an environment that is socially accepting. 2. 1 Explain ways in which children and young people can experience prejudice and discrimination Discrimination is defined as the unjust treatment of different categories of people or things and prejudice is most often referred to as preconceived, usually unfavorable, judgments toward people or a person because of gender, social class, age, disability, religion, sexuality, race or other personal characteristics. There are many ways a child can experience prejudice and discrimination in school and unfortunately a lot of children are subject to it. Children can experience these forms of discrimination in different ways: †¢Direct discrimination This occurs when one person treats another person less favourably than they would another because of a protected characteristic. One person is specifically singled out e. g. a child who has attention deficit hyperactivity disorder is not permitted to take part in the school play because of fears about their behaviour. †¢Indirect discrimination This occurs when a working condition or rule appears neutral, but its impact particularly disadvantages people with a protected characteristic. Specifically excluding a person by being selective e. g. the school is fitted with lifts but the building has a set of six steps at the front entrance. Entry for those needing to use the lift is through the back entrance near the bins. Those using a wheelchair can’t get into the building from the front entrance. †¢Victimisation – This occurs by treating somebody less favourably than others because they tried to make a complaint about discrimination. It is an ongoing form of bullying where a person/group is pinpointed. e. g. a teacher shouts at a pupil because he thinks she intends to support another pupil’s harassment claim. 2. 2 Analyse the impact of prejudice and discrimination on children and young people In an experiment carried out by Jane Elliot, ‘Brown eyes, blue eyes’, Elliot saw co-operative, thoughtful children turn into nasty, vicious children within the space of 15 minutes. She found that children experiencing discrimination had very negative feelings. They felt inferior which resulted in low self esteem. The children didn’t even want to try and accomplish anything, they just gave up. Learning was influenced by the attitude of their self and tasks took longer to complete. The basis of discrimination can be the smallest thing, as you can see from the previous diagram, but can have an immense negative impact on a child. Depending on the seriousness of the discrimination and how long it goes on for, prejudice and discrimination can create social and emotional tension and can lead to fear and anxiety. It can undermine the self-esteem and self-confidence of those being ridiculed and make them feel unaccepted and unworthy. Children stop liking themselves and think that no one wants to know about them because they feel different from their peers and not worthy. A child will start to feel that they are not valued as a person. In turn, their school performance often suffers. A child who does not feel part of the class due to discrimination or prejudice will not be happy or feel safe in school and will not want to put their hand up to ask a question in class as it will draw attention to them. They may become depressed and socially withdrawn, becoming less able to join in with activities with their peers. With a lack of confidence it’s also difficult to make friends and with fewer positive relationships being developed with peers or adults the impact on prejudice and discrimination can be very depressing and childhood can become a much less happy time. 2. 3 Evaluate how own attitudes, values and behaviour could impact on work with children and young people Our own values and attitudes have a critical impact on the way we make decisions and conduct ourselves. It is important to be clear about these personal values and beliefs so they don’t have a negative impact on the children we support. We must be aware and make sure we are not judgemental in any way on the basis of race, gender, religion, ethnicity etc We have a duty to protect the rights of the children we work with. My personal background, upbringing and experiences can have an effect on attitudes towards individuals and groups, so it is important that I recognise these. I could overcome them by developing a greater understanding of groups in society e. g. finding out about the religious beliefs and cultures of the children I work with and learn about any special educational needs or disabilities. It is important I don’t make assumptions about children and young people. Finding out about their backgrounds, interests, abilities and individual needs will help me to provide more effective, appropriate and personalised support. It is quite difficult to evaluate my own attitudes, values and behaviours because sometimes you don’t realize you hold this belief until faced with it. However, whilst at work it is important to put aside these beliefs and not impose my opinions on the young impressionable children I work with. I would like to say that I treat all the children the same at school and give each child equal opportunities. However, I work with a child with attention deficit hyperactivity disorder and it is so hard not to treat him a little differently. He is very demanding of my attention and certain measures need to be in place to enable him to function in the classroom. This immediately sets him apart from the others in the class. Nevertheless, I do ensure that he receives the same treatment as the rest of the class when it comes to discipline etc. When it comes to age, race, gender, religion or ethnicity I hold a very positive attitude. There are only a handful of children from multi cultural backgrounds at my school but I respect and value them as much as any child. I live my life according to my own religious belief and I take a genuine interest in learning about other peoples religious beliefs and celebrations. The setting I work educates children from 3-11 and my colleagues age range from 22-50+. Every person, no matter what their age, is worthy and valued, and all of them make a positive contribution to the school. I feel that displaying these positive values and behaviour characterises me as a positive role model and has a positive impact on the children I work with. . 4 Explain how to promote anti-discriminatory practice in work with children and young people The promotion of anti-discriminatory practice should be at the forefront of any schools practice. As well as having the policies in place, it is paramount that anti-discriminatory practice is demonstrated in everything we do. As a member of the school te am it is my shared responsibility to ensure that anti-discriminatory practice is promoted. To promote anti discriminatory practice it’s important that all staff act as good role models. Children are very impressionable and replicating this ehaviour will teach children to respect one another. It is important to include the children in as much as you can and listen to what they have to say. You may need to differentiate or adapt the work so that all the children are given equal opportunities to complete it. All barriers need to be removed so that children can have full access to the curriculum. Children need to be recognized as unique and they all need to be treated as individuals. Our school council has set up a play buddies system at playtimes. This ensures that all the children can play together; no body is left out for any reason. This also gives the older children a sense of responsibility and they enjoy it. If I was to ever become aware of any victims of discrimination either in the class room or in the playground, I would make sure that it was dealt with promptly and efficiently. It is very serious and must not be ignored. This will hopefully prevent it from happening again and stop any discrimination from escalating and becoming a bigger problem. 2. 5 Explain how to challenge discrimination. Within my role as a Teaching Assistant there is a chance I will be required to challenge pupils over their behaviour because I feel it is potentially discriminatory. This must be done as soon as it is witnessed. Discriminatory behaviour must never be ignored and it is often common practice to record any incidences. A lot of the time children are unaware of the implications of a comment they might make. They could be mimicking what they have heard elsewhere and not mean to be insensitive. How you choose to challenge inappropriate behaviour will depend on the situation it occurred in and the age of the child but it is important to challenge effectively so there is less chance of it happening again. The following are useful to consider: †¢Talk to the child and make them aware of why, what they did or said was wrong †¢Depending on the age and ability of the child you could turn it into a game i. e. role play †¢Ensure you talk to the child at their level of understanding †¢Ask what actually happened, why it happened and how they would feel if it happened to them In an incident that occurred in my setting the named child I work with called another child ‘a nigger’. I didn’t witness the episode but it was reported straight to me. He was immediately removed from the situation and sent to the head teachers’ office. The Head and I explained in a sensitive manner, the seriousness of his comment. It turned out the comment is something he had overheard at home and he didn’t realise the offence it would cause. The child apologised personally to the other child and a letter was sent home to parents so that they could reiterate what we had said in school. Challenging discriminatory behaviour is important to ensure we create a learning environment that is free of discrimination. We need to show that we value differences. It also reinforces the policies and procedures that we have in place at school. In all instances it needs to be made clear that a child inappropriate behaviour or comments are not acceptable and that everyone in school deserves to be treated fairly and with respect. 3. 1 Explain what is meant by inclusion and inclusive practices Inclusion is about creating a secure, accepting, collaborating and stimulating school community in which everyone is valued and all the pupils can achieve their best. Inclusion involves making sure all children are given the opportunity to access all areas of the curriculum including out of school activities e. g. school trips. Everyone in school has an important role in promoting and supporting an inclusive culture. Everything we do, on a daily basis, is inclusive practice and there are three main elements to its success: †¢Attitudes – staff should have high expectations of all their pupils. The work set should be adjustable so that all pupils can be included. Diversity should be celebrated and valued, certainly not feared and all pupils should be encouraged to believe in the ‘I can’ attitude. †¢Skills – all staff should be equipped with the right skills, dependant on the child’s need, to enable them to provide an environment that welcomes all. †¢Resources all pupils should have access to the same range of resources. Some of the resources will be specific to pupils particular needs e. g. hearing aid, sound systems, mobility aids and it is important we know how to use these so all children can gain access to all aspects of school life. The child I work with has ADHD and doesn’t take kindly to any changes in his daily routine. If there is a sudden change he lashes out which means he needs to be removed from the classroom and therefore misses out on parts of his education. To overcome any potential problems we have now introduced a visual timetable on his desk so he can see exactly what he is doing and when. This minimizes any possible outbreaks and results in a smooth lesson. Other examples of inclusive practice in our school are things like introducing a physical aid for a pupil during PE. A child I used to work with had Dyspraxia, therefore struggled using certain PE equipment. Once I adapted the resources she could take full part in the lesson. We use thicker pencils for children who have difficulty with fine motor skills. Our school is also equipped with ramp access to the building and a disabled toilet. 3. 2 Identify barriers to children and young people’s participation A barrier to participation is anything that can hold back a child from being involved in any experiences a school has to offer. These could possibly include:

Mahogany Fruit as an Alternative Charcoal Essays

Mahogany Fruit as an Alternative Charcoal Essays Mahogany Fruit as an Alternative Charcoal Paper Mahogany Fruit as an Alternative Charcoal Paper Mahogany Fruits are often thrown away. What most people do not know is that the dried pulps are good substitute of charcoal and firewood. Mahogany Fruit also known as a hard wood. Mahogany Is a fast-growing forest trees commonly made into furniture or used in construction materials. More importantly, mahoganies effectively prevent soil erosion and flood hence these are often planted along river banks. Mahogany trees do not bear flower but grow buds which develop into brown oblong fruit. The fruits fall when they mature, and the dried ones break spreading on the ground. Mahogany is one of the resourceful in our environment especially the fruit (sky fruit). It can be used as Alternative Charcoal or Fuel. And many people use this fruit as their medicine or healing. Significance of the Study: This study Intends to make use of Mahogany Fruit as a major component In making Alternative Charcoal to save money and to keep environment clean. Student This study can help for Student to have an idea about Mahogany Fruit sed as an Alternative Charcoal. Teacher This study can help for Teacher to understand the use of Mahogany Fruit and make their own Alternative Charcoal out of Mahogany Fruit. By this study they will come up with easier. Hypothesis: Null: There Is no difference between charcoal and Mahogany Fruit. significant effect between Charcoal and Mahogany Fruit. Alternative: There Is a difference between charcoal and Mahogany Fruit.

Evolution of Performance Management Part II Assignment

Evolution of Performance Management Part II - Assignment Example Eventually, even though we could achieve our goals to some extent, the collective goal of the organization was never achieved. Your post has therefore given me a lot of insight on the best way to avoid such a situation in the future by ensuring that performance management is integrated into the larger management of the organization. I agree with you perfectly that an organization will struggle to obtain long-term success without the existence of a well-defined performance management program (Chamberlain, 2011). One probing question I would like to put forward is that in the absence of performance management program, how can the organization know whether it output from its workforce is in accordance with projected goals for the organization? Certainly there will be shortfalls in knowing how well the organization has achieved success if there are no performance management programs. But to add an insight to your take on the issue, I would suggest that when the organization is implementing performance management programs, it should not do it in an isolated manner. Rather, it will be important to integrate it into the collective program of the organization. By so doing, it will be possible to ensure that the outcome of the program is a true measure of what the organization proposes to

Elvis Presleys Rise and Fall, and his contribution to the Rock and Research Paper

Elvis Presleys Rise and Fall, and his contribution to the Rock and Roll Music Industry - Research Paper Example The career of a celebrity is usually accompanied by a cause-and-effect based sequence of ups and downs that are supposed to be connected. But though Elvis Presley’s rise to the peak of popularity in the 1950s’ rock-n-roll music industry can fairly be explained in terms of the dynamics that an artist needs, the causes his downfall remains apparently mysterious and shrouded by some unpredictable events. At the 28th anniversary of his death he was entitled the â€Å"King of Rock n roll† due to his contribution to the rock n roll back in the 1950’s, this celebrity was fated to touch the bottom of popularity. For years Presley’s downfall has engaged the scholars in debates on the question why Presley’s popularity had to face a sharp downfall in the midway of his career forcing him to withdraw himself from the public affair. Though some critics hold the opinion that his rise as well as his subsequent downfall is the natural parts of a celebrityâ₠¬â„¢s life, most of the critics explain Presley’s downfall as a result of his pursuing for cheap popularity. The commonplace of these critics’ arguments is: the path that he chose to reach the peak of his popularity took him down. Obviously his approach was one-way and he reached the point of no-return. Even though at the beginning of his career, Elvis Presley showed a clear disposition of a marvellous musical artist, he began to increasingly depend on cheap popularity, shifting his attention from the quality of performance. A close investigation of his journey to the peak of his career fairly envisages his downfall at the end. It is significant to note that Elvis began his career as an acoustic artist.

Law with Tort of Negligence Essay Example for Free

Law with Tort of Negligence Essay The application is under s1 sale of goods act there is a contract form between me and Mandela where I have agreement, intention and consideration to buy the armchair from Mandela, thus contract is form. Besides that, armchair is considered goods and there is consideration of money where I paid Mandela for $1500 and lastly there is also transfer of property where I paid $1500 for the armchair from his shop. Hence, in conclusion the armchair that I purchased is under Sale of Goods Act. Another issue in the question is whether we can insist Tyson (owner) compensate me for $500 that I (buyer) spent on fixing the chair and either return the chair and insist upon a refund, specifically under consumer guarantees s 55 fitness for purpose? In the question the law would be s 55 ‘there is an implied guarantee that where the buyer expressly or by implication makes known to the seller the particular purpose for which the goods are required, and shows that judgment and seller, the goods must be reasonable fit for purpose’, based on the case Grant v Australia Knitting Mills and Wallis v Russell. In the question Tyson has breach s 55 fitness for purpose where he is selling furniture in his Classic Antiques Store but the furniture that he sell are fragile. In s 55 there is certain condition we must satisfy. First, buyer must express or the seller has known the buyer particular purpose for the goods they required. Second, has the buyer relied on the seller’s skill or judgment? Third, are the goods of a description which it is in the course of the seller’s business to supply? And lastly, has the buyer ordered the goods under their trade name so that it is clear there is no reliance on the skill of judgment of the seller? Based on the condition above, I had satisfied all the condition, where I express to Mandela (salesperson) that I want to use the armchair as my new house furniture. On the other hand, Mandela stated that ‘It is a solid old thing. I sit on it all the time. ’ Hence, I relied on his judgment and bought the armchair. Moreover, Tyson business are selling furniture’s where the armchair is considered as a furniture, thus it is also satisfied goods are descriptive under the course of the seller’s business. Lastly, although I didn’t buy the armchair based on the trade name, but I rely on the skill or judgment by Mandela. In conclusion, the seller has breach all the criteria in s 55 and under s 261 consumer have the right to choose either a refund or replacement of the products if supplier fail to fulfill with consumer guarantee, as a result I can insist Tyson compensate me for $500 for fixing the chair and also can return the chair and insist upon a refund. Â  Based on the question, the issues would be based on Mandela’s statement that ‘It is a solid old thing. I sit on it all the time. You will be used it safely for many years. Will it lead consumers to believe that it can be used as furniture and can be used safely for many years, specifically under consumer guarantees s 18 Misleading or Deceptive conduct? In the question, the law would be s 18 where ‘A corporation shall not engage in conduct that is misleading or deceptive or is likely to mislead or deceive’, based on the case of Eveready Australia Pty Ltd v Gillette Australia Pty Ltd ,Henjo Investment Pty Ltd amp; Ors v Collins Marrickville Pty Ltd and Taco Company of Australia Inc v Taco Bell Pty Ltd. In the application, there are 3 elements which must fulfill breach of s 18. First of all, Mandela engage in conduct with me that the armchair is safe and can be used for many years more which imply a false representation of the fact to me where the armchair was actually fragile. Furthermore, I purchase the armchair under trade and commerce whereby under mutual communication, and I negotiated 30minutes orally with Mandela (salesperson) to sell me the armchair with $1500. Moreover, Mandela conduct was misleading or deceptive where he stated he sits on the armchair all the time where he actually doesn’t sit on it and the fact that the chair was actually fragile. Refer to Taco Bell to determine whether the conduct is misleading or deceptive that there are certain criteria to justify whether they are mislead or deceived. First, the conduct is based on me which is justified the targeted by the conduct of the defendant. The time I was in Tyson’s shop, Mandela forms an erroneous conclusion to me, that the armchair is safe and can be used as furniture where it was not the fact. Hence, proves the conduct by Mandela skilled of being misleading or deceptive. In conclusion, Mandela has breach the 3 elements in s 18 of ACL for misleading and deceptive. Based on the question, Tyson is the owner of the shop (Principle), Mandela is the store manager and also salesperson (Agent) and I am the buyer (Third Party). In the question the issue is whether or not Mandela had authority to sell the chair at that price under Agency scope of an agent’s authority? Law is express authority where the agreement is created between agent and principal in the w ritten or oral form based on the case John McCann amp; Co v Pow. In addition, apparent authority is also applied here where the principle, either by words or conduct, may leads to third party mistaken to believe that an agent has authority to act on the principle’s behalf, based on the case Tooth amp; Co v Laws. Moreover, duty of agent where the agent must follow the lawful and reasonable instruction of the principle and be honest in performing the job is set by the principle’, based on the case Bertram, Armstrong amp; Co v Godfray. Hence in the application, Mandela has breach express authority under agency where he doesn’t follow the oral agreement by Tyson to sell the armchair for at least $3500 and he sold the armchair for me with $1500. Besides that, under apparent authority, Tyson either by words or conduct leads me to believe that Mandela has authority to contract on their behalf and I couldn’t know Tyson has instructed Mandela to sell the armchair for at least $3500. Based on the question, the issue is whether I can sue Tyson under tort of negligence and claim compensation? The law tort of negligence was recognized in the case Donoghue v Stevenson where the plaintiff must establish that, the defendant owed the plaintiff a duty of care, the defendant breached that duty, and lastly the plaintiff suffered damage as a result of the breach in tort of negligence. Hence in the application, Tyson (defendant) has owed a duty of care to me (plaintiff) based on the test and relationship. All the risk in the shop must be reasonable foreseeable, however the armchair was not reasonable foreseeable where the armchair looked nice but actually was fragile, even though Tyson does put a sign on the wall of the shop mention that ‘Please do not sit on the chair-fragile- considered sold if damaged’ but as a furniture shop, customers might need to try or test the quality of the products. In addition, there is a vulnerable relationship where Tyson hires Mandela as a manager and salesperson to control the shop, and I was reliant on Mandela, thus Mandela has the duty to protect my safety in the shop. Hence, Tyson has breach duty of care under magnitude of the risk of likelihood of the occurrence where the armchair was not covered or blocked to prevent customer sitting on it which same case as Bolton v Stone. Thus, he had fail to exercise the required standard of care due to the armchair being fragile and I sit on it, the chair had collapsed under my weight and has been injured when I fell to the floor. Hence, I have suffered damage due to the chair collapsed and I fell to the floor. However, Tyson have defenses to negligence under voluntary assumption of the risk where the plaintiff had full and absolute knowledge of the risk where defendant had actually put the sign on the wall that said ‘please do not sit on the chair- fragile- considered sold if damaged’. Besides that, the plaintiff had sufficient appreciation of that particular risk where plaintiff had saw the sign on the wall but ignore the sign. Lastly, there was voluntarily acceptance of that risk as the plaintiff knew the chair were fragile but doesn’t care and sit on the chair. Hence, at defendant point of view plaintiff should bear the risk. In conclusion, as I am the plaintiff I can sue Tyson under tort of negligence and claim for compensation, because Tyson should need to be more aware and cover or block the fragile furniture instead of just putting a sign on the wall due to customer might ignore the sign and sit on the chair.

Glacial Processes :: essays research papers

There are many different glacial landforms created by glacial erosion, one of these landforms is U-shaped valleys or glacial troughs. This glacial landform has many distinct characteristics. One of these characteristics is that it has very steep valley sides caused by the glacier as it moves down the valley eroding the sides of the valley by the processes of abrasion and plucking. Abrasion is when the boulders and moraine carried by the glacier rubs and erodes the valley side as it physically moves down the valley. Plucking happens when the water in the glacier freezes inside of the cracks in the individual rocks on the valley side then the water freezes and as the glacier moves the rock is plucked or torn from the valley side producing the steep side to the valley. The valley also has wide flat floors caused by ice movement aided by large volumes of melt water and moraine has greater erosive power than that of rivers. This results in the wide floors. The greater erosive power of the glacier than that of a river also causes the valley to be very straight compared to the valley shape that a river has eroded, it has no interlocking spurs because the shear power of the glacier has slowly smashed through the original spurs of the valley. Just before the glacier forms and when the temperatures are cold enough known as the the â€Å"pre glacial† period the process of freeze thaw takes place, this aids the formation of the u shaped valley. Freeze thaw is when the water in the summer enters the cracks of rocks and the in winter when the temperatures have gone below 0 degrees centigrade the water freezes in the cracks and because when water has frozen the particles in the water have less movement and expand causing the rock to shatter. Freeze thaw therefore helps in the formation of the u shaped valley by breaking up the valley floor so that the floor is weakened so the glacier can easily and speedily erode the valley floor by all the conventional forms of erosion like plucking abrasion but with greater ease. There are many of examples of u shaped valleys around the world because wherever there has been a glacier there will be a u shaped valley that has been formed as it moves down the valley. One example of a u shaped valley is that of the valley in the Swiss Alps near san moritz

Difference Between America and South Korea Health Care Essay

Each country has a different procedure when it comes to their health care and their care with pre and postnatal. Some countries can spend a great amount of money on their health care (such as the United States) but still might not have the best health care in the world. Others have special arrangements that new mothers and infants can go through to make sure that they start off their life in a good and healthy environment. In this paper I am going to compare and contrast the infant health care and the overall prenatal care in the United States and South Korea by referencing multiple articles and textbooks that focus on this subject. Both countries have various ways in which they handle their health system and the care of their newborns. There are many factors that determine the health of a newborn such as the nutrition that the soon to be mother consumes, the environment that the mother and the child live in, and the hospital that the child is born in. Throughout the years each of these countries have been putting time and money into their health system with the goal of having the most outstanding health care system in the world. Their progress can be recorded in many different ways which will be discussed within this paper. Also the United States and South Korea both have very different systems when dealing with prenatal and infant care. One way that the infant care of a country is measured is through the mortality rate of the infants. In fact (Bae et al. , 2011), â€Å"Neonatal mortality rate (NMR) and infant mortality rate (IMR) are two of the most important indices reflecting the level of public health of a country† (Abstract Section Para. 1). Without measuring and keeping track of these mortality rates, researches would not be able to figure out what countries are working towards a better health care service and which countries need help. Even though the United States is a developed country, and unlike less developed countries, it should have a high mortality rate. In all actuality the United States has one of the worst mortality rates compared to other counties. According to Levine and Munsch (2012), â€Å"Despite the wealth and the availability of (but not always access to) world-class edical facilities, the United States has the same or worse infant mortality rates compared with 37 other industrialized countries (Hoover Institution, 2007)† (p. 176). There are reasons for the high mortality rate, such as the fact there are many different races, ethnicities, and social statuses within the United States. Race and ethnicity do have an input in a person’s health and their life style. Some races (such as Asians) have a higher life expectancy and a lower mortality rate throughout their race because of the way that they are raised and the traditions that they fallow. The social statuses of the expecting mothers also have an impact on the future children because when the parent is part of a higher social status, it is assumed that they have a higher level of education and therefore know more about how they should care for themselves and their infants. The opposite goes for people who are part of a lower social status. The United States has been lowering the number of infant mortality rates by putting programs in affect to try and help out the health system. Some of these programs are (Bae et al. , 2011), †¦execution of Medicaid (1965), Medicare (1965), Supplemental Security Income (social health care security programs for children and pregnant women of the lower income group), provision of State Children’s Health Insurance Programs, Children Vaccine Program, Health Start Program (1991, Early Head Start Program, full day care service, parent education, case management, Community Resource Assistant)†¦Ã¢â‚¬  (Discussion Section para. ) and much more. The United States has more programs to help reduce the risk of infant mortality and various diseases, they are also working on other ways to help out the infant mortality rate by focusing on premature and low-birth weight babies. According to Levine and Munsch (2012), â€Å"Birth data compiled by the Centers for Disease Control and Prevention (2007a) for 2005 found that the rate of premature births in the United States is 12. 7% or 525,000 babies annually† (p. 178). This number is high for premature births and these programs that are being put into place should help lower it. Even with all of these programs working toward a better health system, South Korea has less of an infant mortality rate. South Korea has improved its health system throughout the years and it has shown in their child care. Their country includes programs such as (Bae et al. , 2011), †¦tests for inborn error of metabolism and care for sick infants (1991), registration of pre-term and congenital abnormal neonates and medical expense support 2000), early diagnosis of deafness (2007), campaign for preventing blindness of preschoolers (2000), prevention of maternal hepatitis B infection (2002†¦(Discussion Section Para. 1) and much more. There are also more programs that are scheduled to appear throughout the fallowing years. As mentioned before it is easier for South Korea to keep their infant mortality rate down because they do not have to focus on many different nati onalities in their country, most of the population in South Korea are Korean. If you compare the two countries and the programs that they are producing it is shown the South Korea has been receiving more advances in the 2000’s while the United States had a breakthrough in their health care in the 1900’s. Copyright  © 2011 The Korean Academy of Medical Sciences. This chart shows that South Korea started off with a higher mortality rate and it had a drastic decline. The United States had a decline in the 1900’s and during the 2000’s it started to stabilize. Copyright  © 2011 The Korean Academy of Medical Sciences. This Chart gives a better understanding as to where the United States and South Korea stand with other countries. Neither of them are the best or the worst country, however they are on opposite sides of the scale. It is expected for the United States to have a lower mortality rate because of the amount of money put into their health care system, but according to the chart this does not appear to be true. South Korea has a lot of respect when it comes to their infants. They see their children as the future to their country and they are willing to do anything to make sure that their infants are well taken care of. This is shown through the data on the chart above because South Korea is closer to the bottom of the scale instead of the top. Both South Korea and the United States have a different hospital system. South Korea has a post-natal care facility called a sanhujoriwon. According to Yeon-soo (2013), Dozens of mothers and newborns stay together in such facilities and more than half of the places operate as non-medical institutions, leading to occasional problems with hygienic management. To prevent mass infection among babies at sanhujoriwons, the government recently beefed up disease surveillance of workers there and instituted a standard terms of use (Para. 2) South Korea is the only country that has these facilities available for their new mothers. Many pregnant women from all over the world come to South Korea just to get this treatment after they give birth. However, this facility is expensive, so not everyone can afford this luxury. According to Yeon-soo (2013), â€Å"The cost of using an upscale sanhujoriwon is 5 million (4,730 U.  S. dollars) to 10 million won (9,460 dollars) for a two-week stay, but the facility is so popular that a reservation might not be possible if not made six to seven months prior to childbirth† (para. 4). That is the price for the most expensive and luxurious places; other places can be thousands of dollars cheaper. In these facilities the nurses make sure that the patients get the right exercise (such as light yoga) and eat the correct food so that their recovery after birth will be as pleasant and beneficial as possible. They also care for the newborn and make sure that they get the nutrients that they need in the first couple of weeks. This helps out the new mother because they have time to relax and recover while their baby is getting the necessary care that is needed. When the mother is ready to go home after a couple of weeks they have a better time adjusting to their new life with a baby because they had the rest and help that they needed. In the United States they do not have these same accommodations but they to do have systems to help out the new mother. The United States has many medical professionals to help with neonatal and postnatal care. Some of those occupations include (Link, Jakubeez, & Temple, 2013), â€Å"†¦neonatologist, neonatal nurse practitioners, bedside nurses, a clinical pharmacist, neonatal respiratory therapists, a nutritionist, a social worker, medical residents, and medical students† (Backgroud Section Para. 1). With a hospital consisting of these medical professionals the patients are likely to get the help that they need while going through the birthing process. Also many hospitals are expanding in the United States to include more room for neonatal care. The Hillcrest Hospital in Cleveland, Ohio expanded their hospital and included (Link, Jakubeez, & Temple, 2013),†¦Ã¢â‚¬ a new 24 bed level 3 neonatal intensive care unit (NICU) and additional beds to accommodate high-risk maternal medicine patients† (Background Section para. 1). They expanded their hospital so that they could care for more patients at once; also so that the patients got the opportunity to receive the best care available to them. Usually after a mother gives birth (depending on the birthing method), the mother will stay at the hospital for a couple of days, and then return home. While at the hospital the nurses will help the mother with nursing, feeding, and changing the child. They will also make sure that the mother is recovering well after the birthing process. Both in the United States and in South Korea, they have programs to help mothers and infants after birth. However, the system in South Korea is more advanced because it keeps the mother and infants for a longer period of time which is more beneficial to their health. Nutrition to a pregnant women is a very important factor. If the mother does not get the correct nutrition than they are putting themselves at risks for multiple diseases. Also they are not only putting themselves at risk but they are also putting their unborn baby at risk. Some diseases that the mother can catch from bad nutrition are gestational diabetes, gestational hyptertension, and preeclampsia. Gestational diabetes when not looked after turns into gestational hyptertension; the worst out of the three that were mentioned is preeclampsia. This is because (Sizer & Whitney, 2011), â€Å"Preeclampsia affects almost all of the mother’s organs—the circulatory system, liver, kidneys, and brain† (p. 508). If all of these organs are affected than the baby is at a serious risk of getting hurt. Most of these diseases will disappear after giving birth, but it raises the risk for the mother to catch another serious disease, such as type two diabetes. When a pregnant women is diagnosed with having gestational diabetes they are more likely to catch type two diabetes later on in life. It might not be right away but it could happen a couple of years later. Also they are more likely to be diagnosed with gestational diabetes again if they ever become pregnant again. Being overweight and pregnant is a big risk during pregnancy. In fact (Chen et al. , 2013), â€Å"Metabolic impairments in maternal obesity and gestational diabetes (GDM) induce an abnormal environment in peripheral blood and cause vascular structure alterations which affect the placental development and function† (Abstract section Para. 1). As mentioned before it does not only affect the mother but it also affects the unborn child, but it also affects the child after they are born. Using APA, 2013), â€Å"The historical poor outcomes of pre-gestational diabetes are testimony to the harmful effects of high glucose in early pregnancy as manifest by congenital malformations and in later pregnancy as evidenced by LGA [large-for-gestational-age] and its consequences. † (para. 2). The reason why this is more of a problem in the United States is because they have a higher obesity record than South Korea has. So more women throughout the United States are developing these diseases than women in South Korea. (Amamoto et al. 005) â€Å"Comparison of body mass index (BMI) distributions in Japan and Korea showed the highest value in the normal category (74%) together with a very low obesity rate (1. 2%)† (Results section para. 1). Since South Korea has a low obesity rate within their, they are less likely to give birth to large babies. However, the opposite goes for Women who live in the United States and are obese. This is a problem because (Sizer & Whitney, 2011), â€Å"The infant of an obese mother may be larger than normal and may be large even if born prematurely. The large early baby may not be recognized as premature and thus may not receive the special medical care required† (p. 492). A premature baby might not be completely developed and need medical assistance after the birth. If the doctors don’t know that the baby has developmental problems than the newborn runs the risk of dying. This could also explained for the high mortality rate in the United States since they have a higher rate of obesity and it is difficult to label a child as premature and unhealthy if they are at a healthy weight. The environment that the pregnant women is living in is very crucial to her and her unborn child’s health. There are many illnesses that a woman can pass on to her child from environments that are hazards. When a mother is in her embryonic stage her baby is at a point of rapid development. This is a very crucial stage because the baby is starting to grow their organs, however they are also more likely to catch a disease which could cause a deformity during this stage. If the mother catches a disease than they are more likely during this stage to pass it to their baby which could cause a miscarriage or deformities. The issue of the environment is more of a problem for South Korea because of all the pollution that is in the air. South Korea is a very overpopulated country (especially in Seoul) and with all the cars and factories the air gets easily polluted. According to Sizer and Whitney (2011), â€Å"Pregnant women who are exposed to contaminants such as lead often bear low-birthweight infants with delayed mental and psychomotor developments† (p. 04). This is also an issue in some part of the United States, but it depends on where the person lives. If a pregnant women lives next to a factory that produces hazardous smoke than they are more likely to give birth to a baby with deformities. However, in South Korea many pregnant women are exposed to polluted air for most of their pregnancy and some of their babies are born with serious skin pro blems. There is air pollution everywhere a pregnant women goes but if the pollution is high than they are putting the baby more at risk. There are many factors that play into the prenatal and postnatal health. South Korea and the United States both work hard to make their health system the best that it can be. They have many programs in place and many more programs to come in the future. They are working on their hospitals to make sure they are as convenient as possible so that the mothers and newborns can have the best possible health care. Both countries are working towards lowering their mortality rate and lessening the amount of premature and low-birth-weight children. There is also the nutrition and the environment that the mother is exposed too. A simple factor as being obese can cause serious damage to the mother and the unborn child. Many expecting mothers do not understand that concept so they do not see the risk in it. Of course one country has a better health care system then the other, however they both have pros and cons to their countries. The United States has more funds to deal with and has more medical professionals working in their hospitals so that their patients can receive the best care possible. The negative aspect of the United States is that they have a high obesity rate and a high mortality rate. They also need to work on more programs to lower their mortality rate so that they can have the best possible health care. South Korea has excellent postnatal care, which many people around the world want to experience and be a part of. Also they have a low level of obesity so they are not as likely as the United States to get the diseases that come along with being overweight. The negative aspect of Korea is that their environment is not the best because of the pollution that is surrounding the air. South Korea is an overpopulated country so the air is filled with pollutants that are not good for a pregnant woman and can cause low-birth weight and birth defects. Overall both countries have areas in their health care system that they have to work on and areas outside of their health care system that they need to address. However, as of right now South Korea has a more exceptional health care system than the United States, especially when it comes to infant care.