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Workplace Bullying
Assessment 1: Report Overview For this assessment, write a 1000 word report on the issues below: Workplace Bullying
Your report should be structured as follows:
1. Introduction (200 words): Define the issue and use Australian research and statistics to explain how common it is, and the likely impacts of this violence (for instance, mental or physical health impacts, number of hospitalisations, and other indications of impact).
2. Theoretical section (800 words): Select TWO theories from the following list, and apply them to the issue: Liberal feminism, Marxist/socialist feminism, radical feminism, critical masculinities theory. You need to pick the most appropriate theory to help you explain the issue. Think carefully about the theories you select.
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Write 400 words on EACH theory, in which you briefly define the theory, and then describe how that particular theory would explain the issue you have selected. For instance, if you select Marxist/socialist feminism for the issue of sexual assault, then your 400 word paragraph needs to explain what Marxist/socialist feminism is, and present a Marxist/socialist feminist explanation for sexual assault. Your bibliography should contain no fewer than EIGHT academic sources. Any media sources are additional to this.
Marking Criteria
1. Accurate and clear presentation
2. Further research and comprehensive understanding (AT LEAST 8 ACADEMIC SOURCES)
3. Logical and clear structure
4. Quality of written expression
5. Correctly formatted citations and bibliography.
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Abuse and Neglect
Every individual has the right to live safely and free from abuse and neglect. However, it is not always that every person lives this kind of life. People often fall into situations where they are vulnerable to abuse and neglect. It is important to note that abuse and neglect happens because people use power and intimidation to control another person’s life. Most of the cases of abuse and neglect are perpetrated by the people known to the victims.
However, strangers can also cause abuse to the people they do not know. The abuse that comes from the people known to the victims happens because the victim trusts their assailant. A feeling of trust and belief in the assailant makes it easy for victims to fall into abuse and trust quite easily.
There are many forms of abuse. Sexual abuses are acts that victims do not consent to, but are forced to participate in them. Physical abuses are in the form of assaults, slapping or hitting, just to mention a few forms. There is psychological abuse, which is in form of emotional abuse and verbal abuse, controlling the victim and threatening the person. Domestic abuse comes from a family member or relative. A victim can be abused through discrimination.
This kind of abuse causes unfair treatment of people from a different race, gender, religion, tribe, age or sexual orientation. People can also be abused financially, where one is forced to use or spend their money in ways that they do not feel are appropriate. Neglect is another form of abuse. This form of abuse means that the victim is left to suffer without proper care. In other words, when one fails to receive what they really need from their primary care giver, they are said to be neglected (NHS 2015).
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Task 1.1
The victims of abuse show certain signs that prove they are in an abusive relationship. One appears withdrawn and quiet. It is important to note that even for the people who are quiet, there is a form of withdrawal that is beyond the normal. The victims could become angry and aggressive, even in situations that do not require such emotions. In the case of John, mentioned in this case study, a victim can become unkempt and dirty.
In some extreme cases, victims have bruises, wounds and scars, to serve as proof that they are in an abusive relationship (CDC 2015). People like John have no power to stand up for themselves and fight back. This makes them vulnerable to harm inflicted by others.
Task 1.2
There are several factors that can lead to people becoming victims of abuse and neglect. Disability can cause a victim to suffer issues of neglect and abuse. This is because they have no power or capacity to do much for themselves. Secondly, the victims of abuse lack the capacity to understand their situation. For instance, a child has no capacity to comprehend what goes on in their home. This can cause the parents to be abusive to the child, knowing that the child lacks power to do anything about it.
The third factor that can cause people to become victims of abuse and neglect is the lack of physical, emotional or financial strength. For instance, a married woman who has no financial capacity to leave her abusive e spouse can become a victim of domestic abuse. In addition, a woman lacks the physical strength to fight a man, which means that she could become a victim of abuse (Kleinman 2015).
Task 1.3
Child abuse and violence against these young ones has dated back to the times before civilization ever took place. The culture and socially acceptable norms guide parents and guardians on the best way to bring up their children (Sperry and Widom 2013). One culture could advocate for disciplining the child by speaking and withdrawing privileges. Another culture believes that children need to be beaten, in order to instill discipline. Different cultures have different acceptable forms of parenting. The culture of a people serves as a source of beliefs and behavior and the concepts of how people should conduct themselves.
The diminishing status of the child in the parent-child relationship (WHO 2014) has affected the trust that should exist between children and their parents. Stalker and McArthur (2012) explain that social factors such as poverty can lead to abuse and neglect. Another social factor that can lead to abuse and neglect is social exclusion (Pillemer, Burnes, Riffin and Lachs 2016). The society tends to keep away from private issues. This forces many cases of domestic abuse to go unreported. Most people tend to argue that personal issues are not communal, which means that the victim suffers alone. Often, the society has the capacity to help the person, but people keep away from such matters for the fear of becoming victims.
M1
In response to the concern presented to the manager by Tina, the manager can take the responsibility by calling the parents to a meeting. One of the ideas to have in mind is that the manager has a role to play in the life of every child that comes into their facility. The manager can act as the guardian of the child by asking the parents to speak with a counselor about their issues.
This will help them to work on their frustrations, which they do not have to pass out on a three year old child. Secondly, the counselor can also call child social workers in case she sees that her approach is not yielding any result. A child social worker as well as a children advocate can help the manager to address the issue by having the child placed in foster care.
D1
Change means transforming practices that tend to be harmful to a vulnerable person. It is very important for organizations to change their practices. Many organizations can change certain unacceptable regulations and shape norms and new systems that promote health and safety. Another strategy that the nursery can use is to work with policy makers to give their suggestions and views about the issues that children go through in abusive situations. Policy makers can discuss and approve health and safety policies that protect the vulnerable groups from abuse and neglect (Promising Practice Network 2014).
Task 2.1
There are legislations that protect children and vulnerable people from abuse. The Care Act of 2014 places a general duty on the local authority to promote general wellbeing of individuals. The wellbeing of a person covers their physical and mental health, as well as their emotional well being. In addition, the local authority is mandated to ensure that the personal dignity of an individual is upheld, which means that people have to respect each other despite their age or gender.
This act protects the individual from abuse and neglect. The strength of this legislation is that it gives the local authority the capacity to ensure the individual has their wellbeing protected. There is the Safeguarding Vulnerable Groups Act 2006 and the Protection of Freedom Bills. This Act was passed to help avoid harm or risk of harm to children or the vulnerable adults. It prevents the people who are unsuitable to work with these vulnerable people (SCIE 2013).
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Task 2.2
There are professionals who deal with issues of abuse. Although many people tend to shy away from reporting child abuse cases. The fear that many people feel is that they will be breaking up a home. Others fear that the violent persons might start attacking them if they learn of the role they played in breaking a cycle of abuse. Another fear is that the report will not make a difference in the life of a child. However, it is better to be safe when it comes to the issue of a child. It is unfortunate that most people would rather be quiet about an abusive home than be involved (Committee on Child Maltreatment Research 2014).
The professionals that can be involved are child care providers and social workers. Child care providers could be in the setting of a school or a hospital. Observation serves as one of the best way to know a child who is abused. It is difficult for a child to hide their emotions and fears. Children who are victims of an abuse will often show fear on their faces. This is one of the signs to look out for in a child who is in an abusive home. Social workers are the agents who intervene in the cases of abused children. The social worker can take and place a child in a different home once the case of abuse has been proven to be true.
M2
It is important to understand the consequences of child abuse and neglect. A child who grows in such an environment is prone to physical and mental growth. In addition, a child can become hopeless about having a good life. A child living in an abusive home can have a very low self-esteem. The cognitive development of a child in an abusive home can be delayed. When these children are compared to their peers, these children often grow slower (Powell and Uppal 2012). In addition, their academic performance is poor.
The government can work with social workers and institutions of learning to reach out to the children who are in abusive homes. The fact is that every child has a right to having a good life. A good life, in this case, does not mean that the child has material property provided to them. The basic needs that are very important to a child are food, shelter, clothing and love. Children need a lot of love for them to cultivate a positive attitude towards life. The government should ensure that every child receives these things.
When one considers the reaction of the mother, it is clear that she avoids talking about the issues she faces. One of the strategies that can help the manager to deal with the issue of abuse is to separate the mother from the source of the harm. It looks like the mother is in a place where the issues she faces instil fear in her, to the extent that she is not able to defend her own son. The manager can ask the local authority to provide the mother and the child with some form of protection until their case is solved by the social workers who work with children.
The manager can work with the mother to understand the reason as to why she is reluctant to speak about the bruises that Tina reports to the office. From the mother’s point of view, the manager can address the issue armed with information from the guardian of the child. In addition, the manager can speak with the child so as to understand the situation in which they live. A child, at the age of John, does not know how to lie. This means that the information that John gives to the manager can be dependable. This information can be used by the manager and the concern parties to ensure that John gets a change of environment, which will ensure his own safety and health are protected.
D2
The nursery needs to recognize that their staff members need to understand how to handle cases of child abuse. The manager can organize training for their staff members. This will increase their knowledge on how to handle issues such as John’s within the school setting. The manager can organize with child-related organizations to address issues of handling children from abusive environments. These training workshops can employ the use of a trained social worker to pass information to the other staff members about recognizing and addressing the signs of child abuse. A professional in children’s issues can also help the staff members to know how to communicate with children.
Task 3.1
One strategy to use in addressing child abuse in the community is fostering relationships, coalitions and networks with different child organizations (CDC 2015). This means that the community together with other organizations helps address this issue. In this case study, John is a three year old boy. His care giver, Tina notices that he comes to school dirty and unkempt. Tina observes that John is not interacting well with his peers. The care giver also notices that the boy has bruises on his arms. When the care giver asks the mother, she evades this discussion. Tina and the manager can seek help from the other members of the community. This means that the care givers can use the other community members to face this issue.
The area networks that can be created to help these children. One of the arms of this network is the local authority. In the case of John, he has attended school with bruises. This means that John has been a victim of physical violence. The local authority can investigate the family from which John comes from. It is illegal to inflict harm on a child. As such, the local authority should confront this family in order to protect the child from such abuse.
There are religious groups that can work with the nursery to help the child and the family to heal from this abuse. It is important to understand the religious group with which John and his family associate. The hospital and healthcare providers can also form part of the network that deals with child abuse and neglect. It is important to involve the Ministries that deal with the welfare of Children. All these bodies alongside the nursery can assist John and his mother through the situations they have to face.
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Task 3.2
There is a disadvantage to engaging one approach. The adoption of one approach means that the problem is dealt with at the individual level. This means that the broader scale will remain the same. It is important to change the societal norms and systems. It will therefore mean that the settings in the society will have to go through changes or instance; the people have to learn the effects of child abuse on the child as well as the society. For instance, a child from an abusive environment tends to grow depressed and with a negative image of life. As such, these people tend to be poor performers even at the workplace. If the society can change such issues, then it means that the community benefits in a more profitable way.
It is important to combine approaches, which will address the child abuse issue. The community needs to strengthen the individual’s knowledge and skill in combating child abuse cases. This could include demonstrating to individuals how to promote safety within schools and the society. For instance, it is important to know how to deal with a parent who argues that their disciplining methods are not abusive, yet their child has bruises on their body.
The promotion of community education (Powell and Uppal 2012) in such matters helps the entire community know and use their acquired knowledge to deal with these issues. This strategy uses reaching groups to educate the community. These groups provide the community with information and resources on how to promote health and safety for the vulnerable groups in the society (Promising Practice Network 2014).
Task 3.3
In many cases, child abuse cases happen to children who cannot stand up for themselves despite the pains they face (WHO 2014). Many of the children from abusive environments have to live with threats from their assailants. Often, they are forced to keep quiet about their ordeals. The assailants often threaten the victims to remaining quiet about their attacks. As such, children fear the consequences of sharing their issues with a person who is not their primary care giver. The staff members need to learn how to address these children, giving them hope and assurance of their safety. This means that the nursery can train its staff members on how to handle young children who live in fear.
There is need to constantly review and update the practices that are used in protecting children from abuse. The government and the policy makers need to create collaborations with people who work with children. This will ensure that every concern party makes a significant contribution to the policies and laws that protect children from abuse. It is the responsibility of the community to ensure that every case of child abuse reaches the relevant authority. This means that the community can work together to protect the children and the vulnerable people from abuse and neglect.
In order for the community to understand how they can address the issues of child abuse and neglect, they need to be equipped with information and resources in this field. Community social and health workers can organize programs that teach the community members on the measures to take when they learn of a case of child abuse. In addition, parents can take education and training programs to show them how to handle themselves in a case of child abuse. People need to grow out of the fear that their intervention can bring about destruction in a family. Protecting a vulnerable person from abuse gives the victim a chance to have a better life.
Conclusion
The cases of child abuse have been in existence in our society for a very long time. It is important to know the organizations and the networks that one can use to ensure that these children grow in safe and healthy environments. The groups that are susceptible to abuse need protection from assailants. The local law enforcement needs to get involved in the systems that help ease the pain for these people.
In order to help a victim of abuse and or neglect, it is important t understand the type of abuse they go through. The signs of abuse are not very obvious, especially when physical evidence is absent. It is therefore important to have knowledge on all the signs of abuse, before any assistance can be rendered to the victims.
Pillener, K., Burnes, D., Riffin, C., and Lachs, M. 2016. ‘Elder Abuse: Global Situation, Risk Factors and Prevention Strategies.’ The Gerontologist 56(2): S194-S205.
Powell, J. and Uppal, E., 2012. Safeguarding Babies and Young Children: A Guide for Early Years Professionals, Berkshire, McGraw Hill Education.
Sperry D. M. and Widom, C. S. 2013. ‘Child Abuse and Neglect, Social Support, and Psychopathology in Adulthood: A Prospective Investigation.’ Child Abuse and Neglect Vol 37(6): 415-425.
Stalker, K. and McArthur, K., 2012. ‘Child Abuse, Child Protection and Disabled Children: A Review of Recent Research.’ Child Abuse Review Vol 21 (1): 24-40.
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Case Study: Human Dignity And Capital Punishment
Introduction
Case study 2 describes human capital punishment for two Australian Citizens caught smuggling Heroin to Indonesia. Andrew Chan and Myuran Sukumar were executed after receiving death sentence from an Indonesian court.
Dignity refers to worth or value, therefore; human dignity refers to human worth and value. There are various approaches of human dignity which are classified by Kirchhoffer into two categories. Category 1 refers to the understanding of human dignity that is based in belief that human value is high because they are human or they possess certain capacities that are absent in other creatures. In Category 2, human dignity understanding is based on their belief that dignity is acquired or lost through the individual own feelings or specific dignity bestowing behaviour (Dhai, 2013). This paper describes the dignity of Andrew Chan and Myuran Sukumaran in relation to their execution based on Kirchhoffer classification.
Human dignity claims are mainly used to support or oppose death penalty. It has been argued that some acts such as homicide, death penalty are justified based on retributive punishment framework. Retribution involves respect for human autonomy and the decisions people make. It is also argued that death penalty is effective as it allows the relatives and friends of the victims find closure, facilitate emotional healing as they carry on with their lives (Jones, 2012). However, is there a possibility that some victims are unfairly executed? The main issue of significance in this case study 2 is that human life is sacred. It has inalienable dignity. In this regard, this paper explores the concepts of human dignity. It aims at evaluating if human dignity lie in human life, in the capacity of the decisions made by human or in the societal judgement of their past behaviour (Roche, 2011).
Perspective 1A: “Human has Dignity Simply because they are Human Species”
According to this perspective, human life is sacred. Most of the religious arguments fall into this perspective because they believe that human beings were created in the image of God. Non-religious proponents argue that is natural to fight for survival of one’s species, thus; it human species have special value against any intrinsic value or instrumental values possessed by the other species. This indicates that human beings have inherent worth because they belong to human species (Rydberg & Pizarro, 2014).
Based on this perspective, the execution of Andrew Chan and Myuran Sukumar in Indonesia devalued the aspects human dignity. This is because the value of human dignity is inherent is their lives and not their actions. According to religious arguments, people’s actions do not necessarily define their dignity. It is not what people do or fail to which gives them dignity. It is the purpose of God, creator of the heaven and earth. People’s action is shaped by circumstances they face (Zylberman, 2016).
Perspective IB “Human Beings have Inherent worth Due to their Distinctive and Special Abilities”
This perspective interrelates with perspective IA in that all human are equal and possess inherent dignity. This perspective argues that human dignity arises from the fact that they have special distinctive attributes and special abilities. This is supported by German philosopher Immanuel Kant that human beings value is intrinsic in all members of the society (Trojan & Salfati, 2010).
This implies that humans are to live a life as predefined by the societal morals and self-consciousness. This perspective is used to promulgate the aspect of moral values in the society, failure to which the person is punished according the punishment equivalent to the value violated. Similar to perspective IA, it argues that due to the high capacities and specific attributes possessed by human beings, then they can be rehabilitated through proper treatment and training. This perspective is supported by the case study as Andrew Chan and Myuran Sukumar has reformed completely; which indicates that their execution was unjustified (Muftic & Hunt, 2012).
2 A “dignity can be acquired or lost through sense of self-worth”
This perspective understands the concepts of human dignity as some type of pride in one self and conscious sense of an individual’s worth as human being, which enables them to live a meaningful life. The way a person view themselves impacts on their life experiences. People who lack self-worth tend to struggle to find happiness and success. This makes them engage in activities that deviate from the society norms, affecting their relationship with the other people. It leads to further misery and struggle. However, this does not reduce their human dignity because it is innate (Kirchengast, 2010).
This implies that it was important for the Indonesian society to challenge their thinking. For example, what criteria were it used to reach to an agreement that Andrew Chan and Myuran Sukumar were harmful people in the society? Did they have evidence on their past actions that indicated that they are extremely violent and threat to the society? The negative attitude accorded to these Australian citizens did not make sense because their verdict was made with an assumption that these individuals cannot transform, and that they will always be in their worst behaviours which is erroneous (McCormick, 2015).
2B “Dignity can be acquired or lost through Moral or Immoral Behaviour.
This perspective focuses much on the way the society judge’s one based on their past behaviour and not by their self-worth. Some people are the society’s hero because they lived selfless lives and lived their lives in pursuit of high ideals and exemplary conduct. These include people such as Mahatma Gandhi, Martin Luther King Jr., and Mother Teresa. Others may be judged as to have lost their dignity due to their violent criminal acts (Cssidy, 2012). In this case Andrew Chan and Myuran Sukumar were engaged in criminal activities of trafficking heroin. According to the Indonesian society, substance abuse is done by people who have an intent of becoming violent and harming others. The society has negative attitudes towards these two people as they perceive them as threat. For instance, the Indonesian government to surround Andrew Chan and Myuran Sukumar with military security style during transfer indicated that they perceived these people’s character as extremely dangerous which is not true (Kirchhoffer, 2011).
It can be argued that the death sentence is a form of punishment that removes bad/evil people in the society; which aims at increasing survival of good species; the outcomes of this practice are futile. An effective form of punishment should have a purpose to treat and restoration of the desired behaviour and not to kill. On the other hand, Andrew Chan and Myuran Sukumar determination to die with dignity so as to prevent their parent unnecessary distress indicates that they had gained sense of self-worth, and passionate enough to ensure that their relatives reach in closure and vindication (Mattson & Clark, 2011).
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Social Norms, Attitudes, and Other Circumstances Impact On the Aspects of Human Dignity
Proponents of death sentence argue that this practice protects the society from evil people, who inflict harm and distract the society harmony. According the social attitudes; it is the role of each and every government to protect its society from violent and heinous acts that would erode the society moral behaviour.
All people have the right to live in a safe environment, without the fear that their children will become drug addicts or die of addiction. Removing these people from the society is a measure to maintain public safety. Additionally, seeing people get executed, it deter other youths from practicing such acts (Ryan, 2016).
Additionally, the society ethics is embedded on the beliefs and ideas if what is wrong or right, good and bad. Human dignity is embedded in the social relationships satisfaction and attitudes held by the society. In addition, it is embedded on the patterns of behaviour that are believed by the society as they bring in harmony and cooperation, fairness and justice. The beliefs and ideas of human dignity are analysed, articulated and interpreted according to the moral thinkers of the society.
Most of the westernized society are characterised by organized functioning human communities. The ethical systems have undoubtedly evolved their values, values and principles that regulate human behaviour (Kirchhoffer & Dierickx, 2011). Based on the Indonesian society values and believes, then Andrew Chan and Myuran Sukumar punishment was justified.
The main argument for the ruling by the Indonesian court is that it aimed at deterring such actions from happening again. In my perspective, death penalty does not seem to deter people from committing violent crimes. It only deters the likelihood of other criminals being caught and punished. There lacks a scientific proof that the death penalty resulted to greater deterrent effect than other forms of punishment (Kirchhoffer & Dierickx, 2012).
Therefore, the execution of these two prisoners was harsh punishment on the individuals but not on crime. The impact underlying societal expectation and values cannot be overlooked. This has resulted in education frameworks that ignore the fundamental values of human dignity but focuses more on wealth acquisition. For this reason, the society has failed to value life and to cherish human beings above their possessions, power, desires and pleasures (Wierenga, 2011).
Human Dignity is Multidimensional
Humans possess multidimensional qualities including the emotional, physical, social, spiritual, symbolic and interpersonal qualities. According to Macquarrie, humanity is unfinished product that is moving into possibilities that are still unfolded. Therefore, during these developments and concepts, human dignity concepts tend to conflict each other. Human dignity is multidimensional. It can be described in four different ways, which sometimes they conflict to one another. Human dignity is something that human already have and also something that they strive to acquire (Lee, 2014).
Based on International Covenant on Civil and Political Rights (ICCPR), all people that have limited liberty must be treated with liberty and respect (1 A). This affirms the argument in that dignity lie in human. This ideology acknowledges the complexity of being human and the multidimensional aspects involved. Therefore, human beings are not to be reduced to one type of level of functioning (Vanhaelemeesch & Vander Beken, 2014).
Where a deviation occurs, it is important to understand that all humans are equal. It is important to also acknowledge that dignity as an aspect that can be acquired or lost through sense of self-worth (2A). Therefore, it is likely that Andrew Chan and Myuran Sukumar past actions were due to loss of self-worth, but through rehabilitative processes, their self-worth would have been restored. However, their loss of sense of dignity cannot be equated to their actual possession of dignity (Strelan & Prooijen, 2013).
The quadrant 1B argues that Human beings have inherent worth due to their distinctive and special abilities.Perspective 2B states that dignity can be acquired or lost through moral or immoral behaviour which according to my perspective, they do not support death penalty as human beings have unique capacity of being rehabilitated and become reformed. Therefore, it is rather obvious to state that if human life is complex than on single dimension, then it is unfair to just the person’s dignity based on one dimension. Although it is important to acknowledge that a person’s moral action indicates their dignity orientation, it is also important to recognize that there is chance for change, growth, compassion, forgiveness and reconciliation (Matthews, 2014).
Conclusion
The criminal justice system should maintain law and order in the society by punishing the offenders. However, harsh and unjustified punishments will not restore the victim’s behaviours. In my perspective, capital punishment must be eradicated and replaced with rehabilitative services that challenge, encourage and reward the offenders for their transformed attitudes and behaviours.
Most of the offenders engage in criminal activities to seek means of survival. Empowering them with skills will help them get employment, and live by example in the society. In this case, the execution of Andrew Chan and Myuran Sukumar was unjustified as their human dignity was not protected. I believe these past experiences have facilitated change in such policies that devalue the dignity of human.
References
Cassidy, J. (2012). Hollow Avowals of Human Rights Protection – Time for an Australian Federal Bill Of Rights? Deakin Law Review, 13(2), 131-176.
JONES, D. (2012). HUMAN DIGNITY IN BIOETHICS AND LAW by Charles Foster. New Blackfriars, 94(1049), 114-116. http://dx.doi.org/10.1111/j.1741-2005.2012.01524_2.x
Kirchengast, T. (2010). The Landscape of Victim Rights in Australian Homicide Cases–Lessons from the International Experience. Oxford Journal Of Legal Studies, 31(1), 133-163. http://dx.doi.org/10.1093/ojls/gqq031
Kirchhoffer, D. (2011). Bioethics and the Demise of the Concept of Human Dignity. Human Reproduction & Genetic Ethics, 17(2), 141-154. http://dx.doi.org/10.1558/hrge.v17i2.141
Kirchhoffer, D. & Dierickx, K. (2011). Human dignity and human tissue: a meaningful ethical relationship?. Journal Of Medical Ethics, 37(9), 552-556. http://dx.doi.org/10.1136/jme.2010.041509
Kirchhoffer, D. & Dierickx, K. (2012). Human dignity and consent in research biobanking. S Afr J BL, 5(2). http://dx.doi.org/10.7196/sajbl.237
MATTHEWS, P. (2014). HUMAN DIGNITY IN CONTEMPORARY ETHICS by David G. Kirchhoffer, Teneo Press, New York, 2013, pp. xii + 356, £16.00, pbk. New Blackfriars, 96(1061), 122-124. http://dx.doi.org/10.1111/nbfr.12103_9
McCormick, P. (2015). Book Review: Human Dignity in Contemporary Ethics. By David G. Kirchhoffer. Theological Studies, 76(4), 895-896. http://dx.doi.org/10.1177/0040563915605267r
Muftic, L. & Hunt, D. (2012). Victim Precipitation: Further Understanding the Linkage Between Victimization and Offending in Homicide. Homicide Studies, 17(3), 239-254. http://dx.doi.org/10.1177/1088767912461785
Roche, D. (2011). The Evolving Definition of Restorative Justice. Contemporary Justice Review, 4(3/4),
Ryan, P. (2016). CAPITAL PUNISHMENT. Quadrant Magazine, 50(1/2), 127-128. Stapleton, P., & Whitehead, M. (2014). Dysfunctional Eating in an Australian Community Sample: The Role of Emotion Regulation, Impulsivity, and Reward and Punishment Sensitivity. Australian Psychologist, 49(6), 358-368. doi:10.1111/ap.12070.
Strelan, P., & Prooijen, J. (2013). Retribution and forgiveness: The healing effects of punishing for just deserts. European Journal of Social Psychology, 43(6), 544-553. doi:10.1002/ejsp.1964. Weatherburn, D. (2014). Strategies for managing criminal justice systems. Australian Journal of Public Administration, 53(1), 67.
Trojan, C. & Salfati, C. (2010). A Multidimensional Analysis of Criminal Specialization Among Single-Victim and Serial Homicide Offenders. Homicide Studies, 14(2), 107-131. http://dx.doi.org/10.1177/1088767910364936
Vanhaelemeesch, D. & Vander Beken, T. (2014). Between convict and ward: the experiences of people living with offenders subject to electronic monitoring. Crime Law Soc Change, 62(4), 389-415. http://dx.doi.org/10.1007/s10611-014-9535-5
Wierenga, A. (2011). Transitions, local culture and human dignity: Rural young men in a changing world. Journal of Sociology, 47(4), 371-387. doi:10.1177/144078311420791.
United Nations Human Rights Commission (UNHRC) is an intergovernmental organization within the structure of the United Nations. It comprises of 47 Council positions intended to ensure a fair geographical representation. 13 members are drawn from Asia, 13 members from Africa, 8 from Caribbean and Latin American, 5 from Eastern Europe and 7 from Western Europe and other states.
The Council was established in 2006 by the United Nations General Assembly to succeed the United Nations Commission on Human Rights (UNCHR). UNCHR was widely criticized for failing to address human rights desecrations, and having a huge number of nations with a dismal human rights track record as its members. Despite overhauling UNCHR, several states and policymakers expressed their concerns over UNHRC’s lack of attention to contentious human right occurrences (Thompson, 2015).
Notwithstanding, the United Nations Human Rights Commission has been effective is addressing human rights violations in different nations. The effectiveness of the United Nations Human Rights Commission in accomplishing its objective of protecting global human rights largely depends on the influence of the major powers and cooperation of states.
Organizational Structure
Member countries in the General Assembly participate in an election to appoint individuals who will occupy the 47 seats of the United Nations Human Rights Council. Each position has a tenure of three years and there is no member who can hold a position beyond two consecutive terms. The General Assembly has the authority to suspend the privileges and rights of any Council member, if it persistently commits systematic or gross human rights violation during its membership term (Smith, 2014).
Suspension from the General Assembly necessitates a two-thirds majority vote to oust a member from the Assembly. The resolution that founded the United Nations Human Rights Commission shares that when appointing Council members, states should consider the candidates’ contribution to the protection and promotion of human rights and their voluntary commitments and pledges made.
Members selected to join the UNHRC are expected to exemplify highest human rights protection and promotion standards (Thompson, 2015). The Human Rights Council holds meeting three times every year in September, March and June. Nonetheless, the Council may decide to schedule a special session to discuss human rights emergencies and violations, at the approval of a third of the member countries.
Goals
The United Nations Human Rights Council serves as the main forum for addressing human rights issues and intergovernmental cooperation. The Council endeavors to aid member’s nations to manage their human rights infringement through dialogues, technical assistance, and capacity building. In addition, it makes proposals to the General Assembly to improve the advancement of international law in the arena of human rights.
Through the Universal Periodic Review, the United Nations Human Rights Council evaluates the human rights situation in 192 United Nations member states. The advisory committee offers advice and expertise in thematic human rights matters, thereby promoting the efficiency of the Council. Another responsibility of the committee is to forward complaints about violation of human rights to the Council. After a complaint is filed, the Council manages thematic issues or country situations through the special procedures system (Smith, 2014).
Evaluation
The United Nations Human Rights Council has been successful in promoting the protection of human rights across the globe. Nonetheless, the success has been varied with the greatest achievement being realized in Africa. In contrast to Western Nations, African nations have been accommodating refugees thereby incorporating the subject of human right issues.
Refugees have been granted asylum and accepted in these societies since African communities have a strong hospitality tradition. Most importantly, African nations have exemplified massive cooperation with the UNHCR thereby accelerating to the attainment of the Council’s goals. Zambia, Zimbabwe, Swaziland and Malawi are examples of some of the nations that granted asylum to a huge number of refugees from Mozambique in 1986 (Hammerstad, 2014).
Kenya has also granted asylum to a massive number of refugees from Somalia, Ethiopia and Sudan. In all the nations, the presence of the United Nations Human Rights Council has been crucial in protecting the rights of refugees and compelling host nations to grant refuge to refugees.
In Europe and North America, the UNHRC has encountered pressures due to the presence of stringent rules restricting entry of refuges. The outcome has been a lower level of refugee protection and refusal to enjoy asylum. In Western nations, the Council has failed in promoting the protection of human rights especially for refugees. UNHCR has resorted to reminding these nations of their duty to enhance the rights of all people whether citizens or refugees.
While the role of providing physical security or protection is the duty of the host nation, United Nations Human Rights Council has a facilitating mandate to ensure this obligation is observed. Although, the Council has failed in executing this role in certain nations and human rights situations, it has performed much better compared to its successor.
Major Powers such as the United Nations have had a major impact on the Council due to its financial donation and interest in advancing certain ideals (Smith, 2014). The United Nations should endeavor to cooperate with member states to ensure that human rights are protected and promoted. In the future, the council should review its membership slots due to population growth and to promote equality among member states.
Conclusion
The United Nations Human Rights Council has been successful in promoting and protecting human rights across the globe compared to its predecessor. Since the Council does not harbor enforcement powers, it has effectively accomplished its mission, ensuring that human rights are observed. The effectiveness of the Council in attaining its vision of global human rights protection rest with securing cooperation with major powers and host nations.
As exemplified in the African situation, the interpretation of refugee’s rights and rights relating to granting asylum rights has hindered observation of global human rights. The UNHRC has not been successful where nations have been uncooperative, such as the incident of Cuban, Haitian, and Mexican refuges residing in the United States. Nonetheless, on a global scale, the Council has largely demonstrated its efficiency in accomplishing its mandate.
All over the world, the criminal justice system of any state serves two major objectives; enforcement of the law of the land, and correction of offenders through various reform institutions. In this regard, criminal justice can be construed to mean a system governed by standard practices that aim to uphold social control, detecting and preventing crime, and most importantly sanctioning offenders through the use of various forms of punishments.
Significantly, criminal punishment is applied as a way to encourage proper conduct between individuals in the society and at the same time make one take responsibility for a wrongful act committed against another. In this respect, retaliatory acts are avoided because victims of crime will be satisfied that the wrongdoer has faced equal punishment in comparison with the act done. Notably, Lollar (2014) asserts that punishments can also be used as a compensatory tool towards victims of crime.
Retributive punishment
Foremost, this type of punishment is founded on the belief that the best way to respond to a wrongful act is by using a proportionate punishment. According to Flanders (2014) retributivists are of the opinion that when an offender commits an illegal act, the criminal justice system should make such a person suffer an equal and proportionate punishment.
Amusingly, retributivists attach their justification for proportionate punishment from ancient religious laws such as the ones contained in the Holy Bible, for instance, Exodus 21:23 avers that if any person commits harm, then the resulting punishment should be equal, hence the catchphrase “a life for a life, an eye for an eye, tooth for tooth, hand for hand, foot for foot.” Notably, similar sentiments are proclaimed in Biblical verses such as 5:38 and Deuteronomy 19:21.
Retributivists argue that as long as the damage has been done, there is nothing that can be done to reverse such damage hence the only way to administer justice is by giving equal punishment (Flanders, 2014). Seemingly, such reasoning can be said to be backward looking such that it does not take into consideration that at times crime may be committed in a unpremeditated way such that punishing an offender for the same would be harsh or excessive.
Another going concern for this form of punishment is that it may encourage revenge and promote retaliation in the society. Also, in some instances, it may be hard to draw the line between punishment that is sufficient and from the punishment that is excessive.
An example of a retributive form of punishment is the death penalty which according to Luliano (2015) is no punishment at all because it only seeks to insert pain as a measure of administering justice but does not address the root causes of crime or even ways of helping individuals refrain from such crime.
Utilitarian Punishment
First, from a wider scope, the utilitarian theory developed by Jeremy Bentham emphasizes that any action within the society should be directed towards achieving maximum satisfaction and catering for the well being of the majority members of the society. The utilitarian form of punishment, threads on the same footing by asserting that the laws that guide the conduct of the people in the society, should be used to maximize the happiness of the society (FERRARO, 2013).
Hence, crime and punishment should be kept to a minimum because they are inconsistent with happiness which the utilitarian theory of punishment asserts. Importantly, proponents of this theory of punishment recognize that having a crime free society may be a fallacy as such recommend that the form of punishment handed down to a wrongdoer should be directed to producing “good” from the person. In this respect, the punishment should not be unlimited.
Unlike the retributive form of punishment, which is said to be backward looking, the utilitarian form of punishment is largely presumed to be proactive on crime. For instance, the laws that direct how punishment should be handed down on crime should be designed to deter future crimes of the same nature.
Accordingly, rehabilitation of criminal offenders can be said to be one of the methods that the utilitarian form of punishment emphasizes as a way of administering justice. Rehabilitation mainly aims at reforming an offender rather than punish so that they may be integrated back into the society. Equally, jailing as a form of incapacitation of an offender also falls under the utilitarian form of punishment because, by removal of the offender’s ability to commit offenses from the society, future crimes of the same nature may be prevented.
Preferred rationale/form of punishment
First, it is important to appreciate the fact that in certain instances, the commission of a criminal act may not be planned such that one will be deemed unswervingly guilty of the act. Offenses such as murder may happen due to provocation such that one may end up taking another one’s life in the heat of passion. Similarly, minors and persons of unsound mind are not spared either when it comes to the commission of a crime. However, such a category of persons may be deemed to a special group because of the underlying issues such as the lack of understanding of the consequence that a particular act may lead to.
From the examples mentioned above, a retributive form of punishment will certainly administer justice in the wrong way because of its backward-looking nature of offering proportionate punishment. Without taking into consideration factors that may have led to a crime, any form of punishment handed down to an individual may be excessive or uncalled for.
By the same token, criminals are presumed to be ordinary persons such that one factor changed that status, for instance, one may seek to steal due to poverty. Alternatively, another person may engage in crime as an act of revenge for a wrongful act done on them. Under such circumstances, the form of punishment handed down should be directed towards enabling such a person reform and be integrated back into the society so as to continue developing.
Notably, even under religious laws, the principle of forgiveness is widely discussed. In this respect, retributive punishment does not give individuals any opportunity to reform or even afford the wrong persons with the chance to deliberate on pardoning the person after serving their sentence as an act of compassion.
Hence, I will argue that the utilitarian form of punishment stands out as the best-placed method for punishing offenders because it not only takes into considerations of the underlying factors that may have led to a crime but it also focuses on handing down the punishment that in the long run will stem out goodness from a person. Goralski (2015) is of the same views by asserting that models of punishment that presume criminals to be bad people who deserve harsh punishments should be relatively be avoided because this leads to vengeance rather than reform.
Philosophy of Imprisonment
Borrowing meaning from the Law Dictionary (2016), imprisonment means restraining or putting an individual in confinement such that his liberty is subjugated. In this respect, imprisonment can be said to be a tool of crime deterrence going by the fact that is limits one’s movement and activities.
Arguably, the rationale for imprisonment as a form of punishment can be said to have stemmed from the belief that by subjecting a person to a place whereby their rights and freedoms were limited to a minimal level, then people would be careful not to commit crime because of the hardships that one would experience while in prison.
However, one can say that imprisonment only acts as a form of banishment of an individual. This is to say, prisons only act as means of putting an individual away from his ordinary life such that he is disassociated with the society. Hence, for imprisonment to reform an individual, an extra effort must be provided a failure to which the individual will only lack his privileges which may not be enough to deter future crimes.
Stuart Greenstreet (2017) argues that imprisonment does not serve its purpose of preventing crime. In his discourse, “Prison Doesn’t work” he asserts that the reason why prisoners even after being released are likely to commit crime is based on the fact that by putting together equal minded people that share similar criminal mindsets, the likelihood of having a worse crime is high because of the perception that jail is used as a way of punishing them.
Also, innocent persons may be subjected to imprisonment such that if they are not helped in having a changed mentality of a criminal justice system, then the likelihood of prisons remodeling such a person by just having them locked up can be equaled to a time bomb.
From a personal point of view, imprisonment only serves to confine people to a place whereby they can no longer commit the crime, but it is not effective in deterring the occurrence of future crimes. Imprisonment should be supported with other special programs that help prisoners have a different perception of prisons and importantly assist them on being integrated back to the society.
Restorative Justice
Restorative Justice largely emphasizes on the usage of alternative measures to solve crimes and social disorders. According to Walgrave (2013) restorative justice embraces the ideology that wrongdoers should be empowered to rehabilitate, reform and be reconciled back to the community. Seemingly, any form of crime causes harmto another as such focusing on repairing the harm in perceived to be vital in assisting the warring parties. United Nation’s office on drug and crime asserts that restorative justice seeks to put things right between conflicting parties while at the same time preventing occurrences of similar misconducts through the use of corrective strategies and programs.
Nevertheless, this concept has been purported as being too ambitious in a bid to restore ties between the victims of crime and the offenders, especially when compared with traditional models which emphasizes on the punishment of offenders for any crimes committed. However, restorative justice must be applauded for promoting values such as forgiveness, dialogue, accountability and fraternity (Arlene Gadreault, 2015). Evidently, the main aim of restorative justice is to give both the offenders and victims of crime a bigger role to play within the criminal justice system so as to yield positive outcomes and at the same time offer the necessary assistance to both parties.
Notably, restorative justice can be regarded as an alternative dispute resolution mechanism, which uses less punitive channels often in the form of diversion programs under various state agencies that are meant to aid the involved parties to resolve the previous conflict. Accordingly, restorative justice affords offenders with the opportunity to take responsibility for the harm or injuries caused to victims and consequently, make adequate compensation.
Bentham project
Foremost, Bentham being a prominent law scholar that developed various law theories such as the utilitarian school of thought theory, it is then important to have a deep understanding of the message that he intended to put across through the use of his works. Thus, the Bentham project can be said to largely focus on Bentham’s writings and how they can be made relevant to the modern world’s activities.
The Bentham Project also can be said to focus on how to formulate basic codes of conduct within the society. For instance, the utilitarian theory of punishment can be said to follow the guidelines of Bentham’s utilitarian theory.
Lastly, this project is of great significance especially for learners to get to know the foundation and originality of various concepts that are applicable in today’s world. Having a deep understanding of the origin of things or events is important in assisting one to comprehend their significance in the society.
References
Arlene Gadreault (2015, January 7th). The Limits of Restorative Justice, School of Criminology,
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Chapultepec Declaration
Democracy connotes freedom. A core principle of freedom is access to information and ability to speak, write, publish mainstream and alternative views. Many of the countries to which you all trace your roots, and have subsequently visited or lived will have greater or lesser degrees of this fundamental right.
Chapultepec Declaration
Rights as we see them used in the Chapultepec Declaration are claimed as universal freedoms that are actually legally-defined and enforceable. This declaration is not what people think they deserve, nor is it what governments as some disembodied power structure ‘give’ at their discretion.
Chapultepec Declaration
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The Chapultepec Declaration: How its Authors Equate Press Freedom and Democracy
In 1994, the Inter-American Press Association (IAPA) held a summit at Chapultepec Castle in Mexico City. The convention sought to promote freedom of the press. What came out of the comprehensive discussion was the Chapultepec Declaration. In it, delegates proclaimed that freedom of expression, inclusive of a free press, was a necessary ingredient in promoting liberty. From the Chapultepec Declaration, there are numerous ways in which its authors equate press freedom and democracy (BBC Monitoring International Reports, 2002).
The declaration’s preamble reads that individuals cannot exercise other forms of freedom if the freedom of press access to information is curbed. When the media operates unobstructed, as the document states, there is the surfacing of courage to ask for information, to disseminate it without restraints, to question it without fear, and to promote free exchange of ideas and views. Members of the public sphere cannot therefore exercise other rights if the freedom of press is held back (Mark & Fitzgerald, 1999).
Chapultepec Declaration
The declaration compels authorities to avail in a timely and reasonable fashion the information generated by public offices. In addition, the law permits journalists to conceal their sources of information. What this means is that citizens of any given state need to know how their governments operate if they are to fully benefit from it. The press bridges the knowledge gap between bureaucrats who make decisions on their behalf, and the subjects of that particular state.
Any act of corruption and mismanagement of funds by policymakers often go unraveled if the press is barred from access to such information. Timely issue of information, or giving news which is not stale, is more trustworthy thus the need for fresh news. It raises the authenticity of such news stories, making them more credible. For security purposes, journalists should be allowed to hide the identity of sources who desire anonymity, since their lives may be in danger after whistle blowing or revealing the injustices committed by the state (Mark & Fitzgerald, 1999).
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Chapultepec Declaration
In a democratic state, hindering press access to information through acts of murder, kidnappings, destruction of their facilities or even intimidating journalists, are counterproductive to the realization of liberty. This is because such harassments scare citizens of any state from accessing information and productively participating in governmental operations. That is why the declaration recommends the detention and punishment of government officers who do that, since harassing or intimidating journalists encourages impunity (Mark & Fitzgerald, 1999).
The declaration adds that prior censorships, restrictions to the circulation of information, and managing of media by authorities are direct ways of infringing on the freedom of press access to information. Imposition of such hindrances by authorities limits liberty, which in turn infringes on the citizen’s rights to be aware of their government’s operations, the injustices committed, and corruption. Citizens at the grassroots level heavily depend on the press for information. Thus barring or restricting journalists’ movements in pursuit of information amounts to the violation of their liberty (Mark & Fitzgerald, 1999).
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It is unethical and illegal of sources to favor journalists or media houses by means of assigning them radio frequencies, funding their operations or favoring them because of positive news coverage. These deeds lead to the publishing of biased news. Biased news coverage of sources limits citizens’ right to know the truth. For instance, a corrupt source of information may give journalists gifts so as to hide the truth from public notice. That is an act which hampers liberty (Mark & Fitzgerald, 1999).
Chapultepec Declaration
The credibility of the press correlates with its commitment to reporting factual information, being accurate, fair and objective. In the absence of such principles, the press is seen as biased. Journalists should therefore be able to distinguish news from advertizing. To report advertisements as news would be to encourage publicity of such organizations thus infringement of liberty (Mark & Fitzgerald, 1999).
Furthermore, the act insulates journalists from being punished by the state as a result of unraveling the truth. When journalists fear for their lives, they cannot unveil injustices and acts corruption committed by the ruling class (Mark & Fitzgerald, 1999).
All said, the Chapultepec Declaration will forever be remembered in the field of development journalism. For it has provided the impetus for exercising other rights, otherwise unattainable. Thus the most basic way of distinguishing democracy from autocracy is press access to information.
References
BBC Monitoring International Reports. (2002, May). St. Kits and Nevis signs Chapultepec
Declaration. BBC Monitoring International Reports, 1-2. Retrieved Oct 2, 2012, from http://www.ebscohost.com
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European Union Social Charter
The Importance of the European Union Social Charter to the US
As a companion to the European Convention on Human Rights, which deals with civil and political rights, the European Union Social Charter is a treaty of the Council of Europe that protects fundamental social and economic rights (Verhaeghe, 2016). The protection of vulnerable individuals, such as the elderly, children, people with disabilities, and migrants, is emphasized throughout the Charter.
It stipulates that the above-mentioned rights be enjoyed without prejudice (Verhaeghe, 2016). It protects a wide variety of human rights, including those pertaining to employment and working circumstances, housing, education, health, medical aid, social protection, freedom of movement, and poverty alleviation. It emphasizes the protection of vulnerable individuals such as the elderly, children, people with disabilities, and migrants (Verhaeghe, 2016).
Within the Council of Europe, the Charter treaty system is one of the most commonly acknowledged human rights sets of norms. The fact that 43 of the Council of Europe’s 47 member states are parties to either the 1961 Charter or the Revised Charter demonstrates widespread support for social rights (the council of europe, 2018). The Charter is based on a ratification mechanism that allows States to pick which sections they are ready to embrace as enforceable international legal requirements under specified conditions (the council of europe, 2018). They are urged to adopt all of the Charter’s contents gradually.
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It is critical for any US companies doing business with the European Union to be well aware of the European Social Charter. The European Union is directed by the charter’s guiding regulations, which must be followed by all enterprises operating within the EU to avoid further complications (Wright, n.d.).
The success of the United States corporation in this region is primarily reliant on the region’s many resources. Employees for their firms are an example. When hiring, they must ensure that the charter’s work norms are followed, such as fair pay for equal work, labour rights, non-discrimination against particular groups in society, parental leave, and working hours (Wright, n.d.).
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For decades, the European Union has been the United States’ top economic partner in terms of overall bilateral trade. In 2016, the United States purchased $592 billion in goods and services from the EU and exported $501 billion, accounting for around 19 percent of total US trade and 19 percent of GDP (Wright, n.d.). One of the most striking aspects of this industry is that about a third of it takes place within individual businesses.
It reflects multinational corporations sending items to themselves in order to service their domestic markets or as inputs for domestic manufacturing (Wright, n.d.). This form of commerce is vital because it supports hundreds of thousands of people on both sides of the Atlantic by acting as the backbone of a broad network of corporate ventures. It’s also a network that drives the global economy: practically every nation on the planet uses the EU or the US as its principal trading partner (Wright, n.d.).
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Furthermore, through two separate innovations, new shipping technology and new global institutions, the U.S.-Europe trade connection set the framework for the present system of international commerce (Wright, n.d.). On the technological front, the standard shipping container’s debut in the 1960s ushered in the so-called “second wave” of globalization.
The US Army developed this underappreciated technology in the 1950s and honed it across Atlantic maritime routes. Massive economies of scale in shipping were gained simply by standardizing the size and form of shipping containers and creating port facilities and ships to transport them (Wright, n.d.). As a result, container ships the size of major towns are now sent to massive deep-water ports all over the world via smart logistics.
In conclusion, the importance of United States firms dealing with European unions to be aware of the European Social Charter is critical to ensure the success of the company as well as of the nation as a whole. Following all the guiding rules set by the charter during the company operations will help the nation to remain operational in the region as well as
