Compare and contrast essay Essay

Brown Brothers; How Negative Stereotypes Affect Polynesian And Maori In New Zealand ‘My demographic is: high school cleaning ladies, fast food burger-making, factory boxpacking, rubbish truck drivers, bus drivers, taxi drivers, sober drivers and living off the pension joy riders — I am a dropout.’ These are all ideas raised and challenged by Joshua Iosefo’s 2011 viral speech, ‘Brown Brother’. ‘Brown Brother’ is one of three texts that will be examined, compared and contrasted in this essay. The second text, ‘Manurewa’, is a short film based on the South Auckland murder of Navtej Singh, a liquor shop owner. The third text is ‘Fish Heads’, a short story written by Aparina Taylor, that focuses on a group of Maori boys who live in the city. The media is a huge culprit for the negative stereotyping that has been brought upon pacifica people. Brown people are more than what they are portrayed to be through media. Films such as ‘Manurewa’ reinforce many of the negative stereotypes that have been brought upon Pacific people. The stereotype of ‘brown’ people is a negative one, one of unemployment, one of crime, one of violence. In ‘Manurewa’ each one of these stereotypes were portrayed. The men in the short film were all unemployed, all committed crime and all showed violence. â€Å"Bro Town, Sione’s Wedding, and do I have to mention the GC? Now I don’t mean to condescend – I mean these shows are great, don’t get me wrong – but can anyone explain: will there ever be a time when our representation goes deeper than putting our own people to shame?† Joshua Iosefo, in his ‘Brown Brother’ speech, spoke about this issue – how the media represents ‘brown’ people in a negative light. He highlights how these types of shows create and enforce the stereotypes that ‘brown’ people now have to live by. While these shows are meant to entertain, this negative reinforcement only show the bad side of Polynesian and Maori people. One of the major themes of the film ‘Manurewa’ is about people being trapped by low expectations and invisible boundaries. People can become trapped from attaining success, trapped from fulfilling their potential, and trapped from being heard. The message in the film ‘Manurewa’ is that not all ‘brown’  people are bad, but the expectations that their stereotypes have created for them along with the people that they are surrounded with often leads to them making horrific mistakes. In this true story, a good person has been surrounded with unemployed, violent people and ultimately ends up committing a murder. In the beginning of the film the boy shows that he does have love and passion in his heart through feeding and nurturing the horse. After the murder the three older men are happy and excited but the boy was completely distressed about what he had done. These two scenes clearly show that the boy is a good person who simply made a bad mistakes because of the people that he was surrounded by. When Joshua Iosefo performed ‘Brown Brother’ at the Tedx conference, he explained how brown people are trapped because of expectations, and surroundings. Meaning that the expectations that have been set from the stereotypes as well as the people that they are surrounded by impact greatly and almost trap brown people from success. He used a box as an example, where he explained that each side of the box needs to be kicked down in order for Maori and Polynesian people to succeed. People need to make the change themselves through their own actions. ‘Brown’ people need to stop being what the stereotypes expects them to be and need to start proving that they are better than the stereotype. In the short story, ‘Fish Heads’ the Maori boys are short of money but they do not let this stop them. All four boys are employed, they all work for the little money that they have and they show that there is no reason to live the way that the stereotype expects them to live. They are not violent, they do not commit crimes and they do not drink alcohol excessively. They respect people and they are happy living a simple wholesome life. Similarly, Joshua Iosefo talks about beating the stereotype, about standing up and showing that you are better than the stereotype. â€Å"You can do all things through Christ, Philippians 4:13. You are more than capable. And I don’t say that just to make you feel better, I say that because I know. Cause your crea tor told me to tell you so. You will go places, you will tell stories, so do not feel afraid or alone for your God and your family and your home will forever be inside the marrow of your bones. So do not fret, do not regret. For where you go, you take us with you. Brown brother, do not be afraid to be the first, the first to graduate, the first to climb, the first prime minister,  or the first good wife — brown brother, do not be afraid to be the change. Not in skin tone or colour, but a change in mindset. From one brown brother, to another†. These are the powerful words that Joshua pointed at people living under the expectations that the stereotype has set for them. This powerful message is aimed st those who have been beaten by the expectations that have been set by the stereotype. The three texts, ‘Manurewa’, ‘Brown Brother’ and ‘Fish Heads’ clearly illustrate that there are negative stereotypes and low expectations for Polynesians and Maori in New Zealand. These stereotypes can lead people to feel that they are stuck and defined by their stereotype. Joshua Iosefo’s speech, talked of the stereotype that was his ‘demographic’ but also said that Polynesians needed to be responsible for overcoming or changing this stereotype. In the film ‘Manurewa’, the inability for Isaac to escape from this cycle of negativity lead the once caring teenager to associate with bad people and ultimately lead to him murdering an innocent man. Whereas in contrast, the text ‘Fish Heads’ showed that if people are removed from negative environments and influences, they are able to live in a non-stereotypical way.

Human cloning and Immanuel Kant Essay

Over the last decade, the advent of cloning and advancements in human genetic research have presented society with a complicated moral quandary. Debate rages as to what constitutes legitimate paths of inquiry and where to draw the line as to research that strikes many people as morally wrong. The basic question is: â€Å"how does society determine what’s right? † While, of course, questions regarding human genetic research are new, this basic question is as hold as civilization and has been addressed over and over again by history’s great philosophers. One of the most notable philosophers of the modern era is Immanuel Kant, who was born in Prussia in 1724. Kant paid a great deal of attention to formulating a complex system of morality. The following examines Kantian morals and how they might be applied to questions of human genetic research. Kant’s moral theory is predicated on the idea of the â€Å"categorical imperative,† which Kant described in the following manner, â€Å"Act only on that maxim which you can at the same time will to be a universal law†(Honderich, 1995, p. 436). By the term â€Å"maxim,† Kant meant general rules or principles upon which rational individuals act, and that these principles reflect the end that an individual has in mind in choosing actions of a certain type in given circumstances (Honderich, 1995). Therefore, maxims are principles in the following form: â€Å"When in an S-type situation, act in an A-type manner in order to attain end- E† (Honderich, 1995, p. 436). For example, a person might resolve to pay a bill as soon as it is received in order to not incur any debt. Kant tested a maxim by performing a thought experiment in which the individual asks oneself whether or not one would will a certain maxim to become universal law. As this suggests, moral law, in the philosophy of Kant, is inherent in reason itself. It is a priori, before experience (Frost, 1962). In every circumstance, Kant believed that â€Å"categorical imperative† provides a sure criterion for how to evaluate right and wrong (Frost, 1962). Kant maintained that an action that the individual can easily will that everyone should follow and perform would necessarily have to be a good act (Frost, 1962). Morality for Kant not only involved law (categorical imperative) but also the ultimate end to which action is directed. As the formulation of the concept of categorical imperative suggests, the basic problem for Kant was to discern the meaning of â€Å"right and wrong, good and bad† (Frost, 1962, p. 94). Fundamental to Kant’s thinking was the principle formulated by Rousseau that the only fundamentally good thing in the universe is the â€Å"human will governed by respect for the moral law or the consciousness of duty† (Frost, 1962, p. 94). He considered a moral act to be one that is performed out of respect for moral law, rather than for selfish gain or sympathy for others (Frost, 1962). Therefore, unlike other moral systems, Kant did not see consequences as the criteria for determining the moral value of a specific action. Rather, Kant looked toward the intentions of the individual. If an individual acts from good intentions, out of respect for moral law, his actions, are by definition, â€Å"good. † Kant argued that individuals instinctively avoid behavior, which, if performed by everyone, would create anarchy. â€Å"We know, not by reasoning, but by vivid and immediate feelings, that we must avoid behavior which, if adopted by all men, would render social life impossible† (Durant, 1961, p. 209). As this brief summary of Kantian ethics suggests, if Kant were presented with the problem of the morality of genetic research, he would, first of all, be concerned about the motivations of the researchers, their intentions in conducting such research (Frost, 1962). In the furor that was quickly generated over the successfully cloning of a sheep, â€Å"Dolly,† the usefulness of cloning technology to current medical practice was pushed aside. Nevertheless, the applications are considerable. A great deal of technical information has been left out in the sensationalism that abounded in the media. For one thing, the media did not make it clear that â€Å"Dolly† was not an identical clone (Wilson,1997). Part of everyone’s genetic material comes from the mitochondria in the cytoplasm of the egg. In the case of Dolly, only the nuclear DNA was transferred (Wilson, 1997). This may have significant information to import to scientists concerning the aging process since aging is related to acquired mutations in mitochondrial DNA (Wilson, 1997, p. 913). Furthermore, as Dolly ages, it has been noted that she is aging prematurely, which provides another source of information for scientists, but also signals that this technology is far from perfected. Research conducted on nuclear transfer into human eggs has the possibility of providing an immense amount of information that may have clinical value, by providing a model for learning more about somatic cell differentiation (Wilson, 1997, p. 913). Eventually, in due course, scientists may learn how to influence cell differentiation and this could give rise to targeted cell types (Wilson, 1997). The ability to generate tissues from different cell types could have enormous implications for transplantation. Wilson (1997) anticipates this technology utilizing skin and blood cells, and possibly even neuronal tissue that could then be used in the treatment of â€Å"injury, transplants for leukemia, and for degenerative disease such as Parkinson’s disease† (p. 913). In another area of research, the successful cloning of human growth hormone (HGH) is important for several reasons. First of all, a child that has pituitary dwarfism requires twice-weekly injections until reaching age of 20. In the past, HGH was could only be obtained by removal of human pituitary tissue at autopsy. To treat one child with pituitary dwarfism using previous methods required obtaining over a thousand pituitaries (Emery and Malcolm, 1995, p. 165). Not only has it been difficult in the past to produce enough HGH to successfully provide treatment to all the children who needed it, but small amounts of contaminating virus caused some of the children treated to develop Creutzfeldt-Jacob disease (Emery and Malcolm, 1995, p. 165). Cloning technology, which permits HGH to be produced artificially, has provided a readily available supply of HGH, which-in turn-has allowed the application of HGH in other treatments. For example, it has been discovered that HGH can be used to speed up the healing process for bone fractures (Emery and Malcolm, 1995). This is been particularly beneficial in treating the elderly (Emery and Malcolm, 1995). As this brief summary of scientific research being conducted into cloning and genetic research indicates, there are enormous benefits to be reaped from this new and controversial technology. Kant would undoubtedly approve of research that so obvious benefits humanity and society. What people seem to fear, and what would undoubtedly be wrong by any moral system, are nightmare scenarios propagated by the media and Hollywood. Images of clones being used simply as â€Å"spare parts† to extend the life of the rich, for example, has been dramatized in film. This sort of misuse of technology would constitute a threat to the social system and, therefore, would not pass Kant’s categorical imperative test. In other words, if everyone were cloned, it would significantly lower the way that human life is valued in our society. Also, the idea of human embryos being created and destroyed simply to further genetic research objectives is simply abhorrent on an instinctive level. Therefore, while it! can be seen that this technology needs to be carefully controlled and supervised in regards to moral issues, it should not be totally banned either, as it also has the power to benefit society to a great degree.

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

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

Strategic Management Essay Example | Topics and Well Written Essays - 1500 words - 13

Strategic Management - Essay Example (Ansoff, 1965) Intended strategy is nothing but a plan or an intended course of action thought to be most suitable for achieving predetermined corporate goals. Sometimes, if the situation so desires, a ploy or a manoeuvre, tricky, cheeky or otherwise, to surmount an immediate obstacle or to browbeat a serious competitor; is also called a strategy. The basic concept of strategy is that it is pre-planned in nature and is given a proper shape after a lot of brainstorming. Strategy also determines the basic consistency in behaviour and approach of a particular firm towards the economy in general and the market in which it operates in particular. Strategy also formalises the positioning of the firm in the market. By positioning it is meant how a firm would relate with the external environment and what would be its reaction in case of a change in the parameters of such environment. Some authors are of the opinion that strategy is in a nutshell the basic prism through which an organisation perceives the entire world outside its own internal environment. Content of a strategy is basically an exposition of the current position of the company and the desired status the management would like to attain at the end of the plan period. It is nothing but a detailed brief of where it is now and the broad steps to be taken to reach where it intends to. The context part of a strategy deals in detail with the internal and expected external environment of an organisation and in effect undertakes an extensive SWOT analysis to ensure that the organisation can reach the set targets with least effort. The process part of a strategy actually lays down the timing of different actions and clearly defines who would take part in the actions directly and who would remain in indirect support thus ensuring unity of action and streamlining of efforts to prevent efforts getting wasted by working at

Henry the Eight Essay Example | Topics and Well Written Essays - 2500 words

Henry the Eight - Essay Example Henry VIII was married to his first wife for over 20 years, and for a long time they were happy together. Catherine (the widow of Henry's brother Arthur) was the daughter of Ferdinand and Isabella of Spain and had received an excellent education at their court. She had long red-gold hair and blue eyes, and in her youth was considered pretty. Catherine was five years older and much more sedate. She was interested in politics and Henry often turned to her for advice. In 1513 she ruled as regent while Henry was campaigning in France. Although Catherine was pregnant many times, only one of her children, Princess Mary, survived. Henry was a doting father and didn't seem to blame Catherine for her failure to bear healthy sons. Henry is only known to have had two mistresses during his marriage to Catherine, which made him a reasonably faithful husband by the standards of the time. Catherine knew of his affairs but kept silent. Then Henry met the woman who was to be his second wife. . . Anne Boleyn: Anne Boleyn was probably born in 1500 or 1501. Her father was an English diplomat and her mother was the daughter of an earl. In 1522 Anne came to England and went to live at King Henry's court as a member of Queen Catherine's household. There she became secretly betrothed to a young courtier, Henry Percy - secretly because Percy was already promised to another woman, and his family would not approve of his marrying Anne Boleyn. But the lord chancellor, Cardinal Wolsey, heard of the engagement and alerted the king, who told Wolsey to end the relationship.

Loving Through Understanding and Finding Peace in Peace, Love & Essay

Loving Through Understanding and Finding Peace in Peace, Love & Misunderstanding - Essay Example Diane brings her children, Zoe (Elizabeth Olsen) and Jake (Nat Wolff) with her. Diane surprises her mother, whom she has alienated for twenty years. What is supposed to be a weekend, where Diane only wanted space from her husband and their divorce, became a full week of awakening for all characters. Diane resolves her conflicts her with her children, her mother, and with herself, by understanding that they are all human beings, and by accepting that they all have weaknesses, she can stop judging them and herself and begin loving with peace. Diane is detached from her children, which creates a barrier between them because she misunderstands their maturity and needs. When she brings them to her mother’s house, her children are asking about the reasons. Jake even jokes that their grandmother is dead since they have not seen her since birth and suddenly they have to meet her. Diane finally drops the bad news that she and Mark are having a divorce. Zoe wants to talk about it, but D iane does not say anything anymore. When Zoe asks, â€Å"Are we going to talk about this,† Diane does not answer and prepares to go in the house. With her back on Zoe, the scene indicates detachment from her children’s concerns. Instead of being open to her children, Diane creates a wall between them without even being aware of it. As a result, Zoe and Jake hardly understand what their mother is going through because they do not even know who she is. The conflict between Diane and her kids arises from her treatment of them as children, instead of as adolescents who are already mature enough to know the truth and to know how to cope with their family issues. The irony is that she is doing to her kids, what her mother did to her- to separate herself from her children because of the feeling that they cannot understand their parent’s concerns and needs.  

Geological Adventure Personal Statement Example | Topics and Well Written Essays - 500 words

Geological Adventure - Personal Statement Example My first destination would be this marvelous cave of Lechuguilla in the heart of the Guadalupe Mountains in southern New Mexico at Carlsbad Caverns National Park. These sun-blasted ridges and the rock below them had been alive 250 million years ago. A magnificent barrier reef, geologists call El Capitn. The living reef had died as the basin it enclosed grew too salty. Then, long buried under later deposits, the dead reef became limestone; the ideal stone for caves1 (see Figure 2) Climbing and hiking Fans would love the place beside all the under ground wonders made by chemicals and water reactions that would be great picture shots for photograph fans to add to their collections (see Figure 3) After staying in New Mexico for a while, I will be then heading to Hawaii and its Kilauea volcano (On Big Island),one of the world's prime attractions for adventure travelers2 along with two other active volcanoes, Mauna Loa and Loihi that is located underwater off the southern coast of Hawaii's Big Island 3. There are many things to do there -besides watching Kilauea lava flowing into the sea. I would experience the mystery and walk through the native Hawaiian rain forest, hike over just-cooled lava. I could also visit the 52-foot Kilauea Lighthouse that was built in 1913 as a beacon for traveling ships4.

National Service Framework Essay Example | Topics and Well Written Essays - 2500 words

National Service Framework - Essay Example Integrated mental health services are to be provided for older people. The process of translating these nationally supported standards into local delivery is outlined. (www.dh.gov.uk). Quality Standard for Health Care was launched in February 2004 and puts the quality at the forefront of the agenda for the NHS and for private and voluntary providers of NHS care. It shows the quality of health organizations, including NHS Foundation Trusts, and private and voluntary providers of NHS care, will be expected to meet in terms of safety, clinical and cost effectiveness, governance, patient focus, accessible and responsive care, care environment and amenities, and public health. (www.dh.gov.uk). The Quality Standard will be a key part in the assessment in the performance as assessed by the Healthcare Commision of all health care organizations. The above mentioned characteristics of NSF and QS will be used to prove that they are doing something to improve their services. Articles and useful websites will be used to strengthen our claim that NSF and QS are doing something. The aims of NSF will be presented to further understand the importance and role of NSF not just only on elderly but to everybody as well. Using the Donabedian framework we will assess the effectivity of the framework by choosing an organization. The paper will assess whether the organization are meeting the national standard. Donabedian framework includes the structure, process and outcome. The organization to be assessed is located in Nottingham Street Melton Mowbray Leicestershire. 1st Choice Abbey Homecare was rated excellent by the Commission for Social Care Inspection (CSCI). CSCI are non government organization that inspect and report on care services and councils. It is an independent but setup by Governmentto improve social care and stamp out bad practice. Abbey Care Home was founded in March 2000 by Jayne LEE, who through remarkable dedication has established her agency with the support of five managers and a team of highly respected professional care workers. The head office is based in Reading and has direct communications for referrals from Social Services, Direct Payments service users and the private sector. Abbey Home Care offers all year round support. The type of service is care home with nursing (private) with 97 residents. The home care is comfortable for the adult they have 87 single rooms. They can have their own GP if required, pets are allowed but with arrangements, strictly no smoking. Internal access includes lift and wheelchair access. External access includes easy accessible local shops, near public transport, minibus or other transport. To help the old age patient feel comfortable the home care create a garden for residents, communication accessories such as own phone point in the room, television set in the rooms to make the patient feel comfortable. The home provides well maintained and pleasant accommodation and grounds. The home was very clean and tidy on the day of inspection. Staff at the home was friendly and approachable. People spoken to confirmed that staff is kind and respectful. The Abbey Care is structured the way the patient wants it to be. It is

Approaches to the Management of Diversity Research Paper - 1

Approaches to the Management of Diversity - Research Paper Example Many authors agree with this definition saying that diversity should be seen to apply to everyone in the organization in order to produce its intended effect. As long as there are distinctions within a group, diversity will always exist (Li, Cho and Curry 17). Another definition considered inclusive and constitutive defines diversity as â€Å"the collective amount of differences among members of a social unit.† (Harrison and sin 196) From all these definitions it is evident that diversity goes beyond the issues of race and gender to address other issues such as differences in talents and abilities, age, social status, economic status etc. of people at the workplace or in any functional group (Harrison and sin 196). There are four dimensions to understanding diversity. Some researchers from the CAN Corporation studied the impact of diversity on Air Force mission performance. they looked at four dimensions to diversity: (1) Demographic diversity: these include personal characteristics such as age, race/ethnicity, religion, and gender; (2) Cognitive diversity: these will include personality types, such as extrovert/introvert and Type A/Type B, thinking styles, such as quick, decisive thinking versus slow, methodical thinking etc.; (3) structural diversity: organizational background characteristics including service, work function and component; and (4) Global diversity: and this include national affiliations (Riche and Amanda Kraus 5-10). Diversity management has been defined as â€Å"the as the craft or process of making quality decisions in the midst of differences, similarities, tensions, complexities, etc. the distinction between diversity and diversity management is important. If you do not properly manage diversity, you can lose representation.† (Lim, Cho and Curry 20) Another author considers diversity as a â€Å"liability† until and unless processes are put in place to manage the negative dynamic and to release diversities

Utilitarianism. Jeremy Bentham (1748-1832) and John Stuart Mill Essay

Utilitarianism. Jeremy Bentham (1748-1832) and John Stuart Mill (1806-1873) - Essay Example As Bentham wrote in Chapter 1 of ‘An Introduction to the Principles of Morals and Legislation,’ "By the principle of utility is meant that principle which approves or disapproves of every action whatsoever, according to the tendency it appears to have to augment or diminish the happiness of the party whose interest is in question: or, what is the same thing in other words, to promote or to oppose that happiness." (Bentham, 1823) Utilitarianism addresses the philosophical problem that occurs in the definition of â€Å"the good† in a pluralistic society where many people may differ on defining exactly what constitutes objective standards in moral reasoning. Utilitarianism is important in its relationship to the development of empirical standards in science to replace theological justifications of right and wrong in society, as well as in the growth of democracy, which required a solution to moral issues related to the disagreement among groups with different standar ds of belief. Utilitarianism is often summarized as â€Å"the greatest good for the greatest number† being used to calculate the moral correctness of an action, decision, or policy for both individuals and society on a common standard. According to Larsen (2011), utilitarianism is â€Å"a normative ethical theory under ethical Naturalism† and also a â€Å"teleological – consequential (outcome based) – ethical theory†.... ed upon their outcome in society in producing the greatest good for the greatest number of people, and that the ‘utility’ of an action can be calculated through its use in the production of this social good. Utilitarianism as a guide to personal behavior can relate to both personal experiences of happiness or pleasure as a guide to conduct and a recognition of the greater good of society as a higher motivation for service. Through this, the basis for moral action is established in Utilitarianism for both the individual and society. One of the major ways that Bentham and Mill differed in their theory of Utilitarianism is that Bentham based his definition of ‘the good’ in a limited formulation of pleasure and pain that defined happiness objectively through the individual, but tended to reduce Utilitarianism to the principles of hedonism, while Mill based his definition of Utilitarianism in a conceptually expanded view of happiness that included societal ideals , virtues, and altruistic beliefs of human activity in order to represent ‘the greater good’ in a wider manner. (Driver, 2009) Another difference is that Bentham is regarded retrospectively as proposing â€Å"Act Utilitarianism† whereas Mill was an advocate of â€Å"Rule Utilitarianism†. (Lotito, 2002) Act Utilitarianism applies logic and reasoning to each individual and collective activity in order to determine through direct cognition, moral reasoning, and reflection whether or not the activity serves the happiness of the greatest number of people. Rule Utilitarianism seeks to establish predetermined rules of order related to moral reasoning that can be applied by the individual or groups in making decisions that operate on their own fundamentals of interpretation according to utilitarian logic and can

The Changing Role of Women in India Essay Example for Free

The Changing Role of Women in India Essay The Changing Role of Women in India Women in India are beginning to follow the direction that the women of the Western world took more than eighty years ago; demanding treatment as human equals. However, it has become more and more evident as the revolution ages that Indian women may have to adapt the Western feminist method to their very traditional and religious culture. India has different complications that put the development of women in a completely altered context than their Western counterparts. Although the key targets remain similar: improvement of health care, education and Job opportunities in order to gain equality between men and women in the various settings of public society, the workplace, the school yard and possibly the most fundamental setting of all the home. Women are striving to be independent on the equal level of men. The additional complexities that the women of India must also challenge are the caste system, the heavy religious customs, older and more raditional roles of the sexes, as well as the even stronger power that men hold in India. The status was at one time accepted, but with the Western womens revolution and perception, the role is slowly succeeding in its development through both independent groups of women and national and worldwide organizations based on the goal of gaining equality. They have all accomplished much, but have yet to overthrow the male dominated society. The Original Status A patriarichal and oppressed society with an inhumane caste system supposedly based on religious faith, however, their religious beliefs are obviously not understood since their masculine domination acts against the religious base of men and women living as equals. Despite modernization, womens status remained low and devalued well into the 20th century. Gargi Chakravarty of the National Federation of Indian Women stated in 1990 that Girls are looked upon by their parents as burdens.

Thy Womb Essay Example for Free

Thy Womb Essay A charming and majestic chain of islands straddling peacefully between Sulu Sea and Celebes Sea in the southwestern Philippines is the exotic Tawi-Tawi province. It is one of the southernmost parts of Philippines, which have become infamous for being the site of warring government and the Muslims terrorists. The people are peace-loving and they live there harmoniously. Their houses are built on silts near the seashore. The place is surrounding with families who are lack of needs, and they are surviving in the rain or shine weather in their everyday lives. Their culture was also shown in the movie. The wedding celebration there is very different as we celebrate the wedding here. Giving dowry to the family they want to marry and hospitality is part of their culture. The man is negotiating to the family of the woman they want to marry, not only once, but anytime they want to get married as long as they have dowry that they will give to the family of they want to get married. Although the woman, doesn’t love the man, the man can marry her as long as her family approved the wedding. Shaleha, the character portrayed by Nora Aunor is indeed the most interesting for me. It’s very unusual to see a wife go searching for another lady to be his husband’s second wife. Shaleha truly shown that her love for her husband, Bangas-An, was fascinating. She has gone to some hardships just by knowing that her husband might really turn his back to her. As I seen in the movie, there are some problems that the government should focus to improve their place. Some problems are the people have not enough clothings and their houses which reside in the sea is not safe for them especially to the children; and also they are lack in the terms of security and medical because when Bangas-an shoot a gun, there’s no justice occur and his wife, Shaleha cure it with leaves. The government should took action these problem for the sake of the people. The government should also enhance the infrastructure base of the province and improve accessibility, and generate more jobs for the people. Thy Womb is a movie that is worth watching for. This movie indeed tells the reality of living. The reality in which people do have different cultures as well as their way of living that was affected by the things or events in their surroundings. This reality is also experienced by us in our lives but in different circumstances. Upon watching it, it shown in the movie the goodness of the people in South. I was amazed in the people there how they approach each and every one. Eventhough they all suffer in poverty, they managed to give help with the other people. Also, my heart felt pity to the some olds are undressed and working despite of their ages. After I watched it, I conclude some values that were essentially portrayed, like the undying love of Shaleha to her husband Bangas-An, the couple’s faith and persistence to really make it up to the dowry required by the other family is strongly portrayed as the couple willingly sell their things and asked help from the other communities. I greatly admired Director Mendoza for bringing great honor to the people and for showing the beauty of Tawi-Tawi. I hope that the other Filipinos will appreciate his efforts as well.

Microsoft Corporation

Microsoft Corporation Microsoft Corporation is a United States-based multinational computer technology corporation that develops, manufactures, licenses, and supports a wide range of software products for computing devices. Headquartered in Redmond, Washington, USA, its most profitable products are the Microsoft Windows operating system and the Microsoft Office suite of productivity software. Business organisation and environment Internal environment Objective * Our mission is to enable people and businesses throughout the world to realize their full potential. Finacial resources (March 31, 2009, In millions) * Asset $ 68853 * Liabilities $ 23823 * Stockholders ¡Ã‚ ¯ equity $ 36943 * We generate revenue by developing, manufacturing, licensing, and supporting a wide range of software products and services for many different types of computing devices. Skills and capabilities * As of June 30, 2008, we employed approximately 91,000 people on a full-time basis, 55,000 in the United States and 36,000 internationally. Of the total, 35,000 were in product research and development, 26,000 in sales and marketing, 17,000 in product support and consulting services, 4,000 in manufacturing and distribution, and 9,000 in general and administration. External environment Market environment * Our customers include individual consumers, small and medium-sized organizations, enterprises, governmental institutions, educational institutions, Internet service providers, application developers, and OEMs. Competitor * We have five operating segments: Client, Server and Tools, Online Services Business, Microsoft Business Division, and Entertainment and Devices Division. * Client: Competing commercial software products, including variants of Unix, are supplied by competitors such as Apple, Hewlett-Packard, IBM, and Sun Microsystems. * Server and Tools: Our server operating system products face intense competition from a wide variety of server operating systems and server applications, offered by companies with a variety of market approaches. * Online Services Business: OSB competes with AOL, Google, Yahoo!, and a wide array of Web sites and portals that provide content and online offerings of all types to end users. * Microsoft Business Division: Competitors to the Microsoft Office system include many software application vendors such as Apple, Corel, Google, IBM, Novell, Oracle, Red Hat, Sun Microsystems, and local application developers in Europe and Asia. IBM (Smartsuite) and Corel (WordPerfect Suite) have measurable installed bases with their office productivity products. * Entertainment and Devices Division: Our Xbox hardware business competes with console platforms from Nintendo and Sony, both of which have a large, established base of customers. Intermediaries * We distribute our products primarily through the following channels: OEM; distributors and resellers; and online. * OEM: Our operating systems are licensed primarily to OEMs(original equipment manufacturers) under agreements that grant OEMs the right to build computing devices based on our operating systems, principally PCs. Under similar arrangements, we also market and license certain server operating systems, desktop applications, hardware devices, and consumer software products to OEMs. We have OEM agreements covering one or more of our products with virtually all of the major PC OEMs, including Acer, Dell, Fujitsu, Fujitsu Siemens Computers, Gateway, Hewlett-Packard, Lenovo, NEC, Samsung, Sony, and Toshiba. * Distributors and resellers: We license software to organizations under arrangements that allow the end-user customer to acquire multiple licenses of products. * Online: We distribute online content and services through Live Search, Windows Live, Office Live, our MSN portals and channels, the Microssoft Online Services platform, which includes offerings for business, and other online channels. * Consumers and small- and medium-sized organizations obtain our products primarily through resellers and OEMs. Political implication 1. Collaborating with Industry and Law Enforcement Microsoft Corporation actively pursues cybercriminals through vigorous civil enforcement in the United States and it works in partnership with law enforcement agencies worldwide to deter cybercrime and bring criminals to justice. Since 2003, Microsoft has supported more than 550 enforcement actions worldwide against spammers, phishers, and distributors of spyware and other malicious code. Microsoft has also engaged with the Federal Trade Commission and attorneys general in California, Florida, Massachusetts, Texas, and Washington State, to investigate and pursue cybercriminals. Microsoft works to ensure that governments and law enforcement agencies receive the appropriate tools, necessary training, and extensive technical and investigative support to assist in their efforts to combat global cybercrime and work to make the Internet a safer place for everyone. Training. Microsoft is deeply committed to assisting law enforcement with the identification, location, and prosecution of online fraudsters. * Microsoft has worked with the attorneys general in Alabama, Colorado, Georgia, Kansas, Massachusetts, New Hampshire, South Carolina, and Utah State to provide comprehensive training about Internet investigations to law enforcement officials. * Microsoft hosted LE Tech 2006 (October 2006 in Redmond, Washington), a conference to introduce law enforcement officials to new Microsoft software and services that will affect cybercrime investigations over the next few years. Tools and technical support for investigations. Microsoft supports law enforcement agencies around the world with advanced investigative technology to address cyber threats. * In France, Microsoft participates in Signal Spam a platform (created with public and private sector entities) through which Internet users can report suspected spam. Data that is collected through Signal Spam is shared with Internet service providers (ISPs) and French law enforcement authorities to assist in antispam investigations and prosecutions. In the first ten days after the programs launch, users reported nearly 300,000 instances of spam. * In August 2006, Microsoft launched the Law Enforcement Portal, a secure, centralized resource that provides law enforcement with access to Internet crime-related information as well as tools, training, and technical support to assist in investigations. Anti-phishing efforts. Microsoft is dedicated to stopping phishers and works in alliance with groups to implement anti-phishing measures worldwide. * Microsoft is the founding member of Digital PhishNet (DPN), which fosters cooperation among industry and law enforcement agencies to share information, provide training, and educate consumers about phishing sites. Microsoft encourages worldwide participation in DPN by Internet service providers, online auctions, financial institutions, and law enforcement agencies. * Microsoft acts with the Anti-Phishing Working Group (APWG) and the Authentication and Online Trust Alliance (AOTA) to promote good public anti-phishing policies and best practices for enforcement of those policies. * In March 2006, Microsoft launched the Global Phishing Enforcement Initiative (GPEI), a worldwide consumer protection campaign in which industry and law enforcement joined forces to combat phishers. The GPEI works to protect the public from fraudulent sites and provides worldwide investigative support to help prosecute phishers. Antispam efforts. Microsoft supports law enforcement with cutting-edge technical and investigative techniques developed specifically to address cyberthreats. To that end, the company has provided technical support to governments around the globe, including in the United States, Europe, Asia, and South America. * Microsoft has been a leader in promoting SpotSpam, a project co-funded by the European Commission, which aims to limit the spread of spam. The project seeks to establish antispam hotlines in France, Germany, and Poland. * Microsoft also participates in Signal Spam. Created with public and private sector entities, Signal Spam provides a platform through which Internet users can report suspected spam. 2. Promoting a Safer Internet Experience for Children Child Exploitation Tracking System. Microsoft worked closely with Canadian police and international law enforcement agencies to develop Child Exploitation Tracking System (CETS), a unique software tool that enables investigators to store, search, share, and analyze large volumes of evidence and to share that evidence with other police agencies. Following its development in Canada, CETS has been implemented in Brazil, Chile, Indonesia, Italy, and the United Kingdom; Colombia and Spain have announced their intent to adopt it. Microsoft continues to promote CETS to governments and law enforcement agencies throughout the world. Global Campaign Against Child Pornography. Microsoft joined with Interpol and the International Centre for Missing and Exploited Children (ICMEC) in 2004 to initiate this campaign. Since then, Microsoft has worked with ICMEC and Interpol to help provide training for law enforcement personnel about computer-facilitated crimes against children. As of October 2007, more than 2,400 law enforcement officers from 106 countries have received training to help them identify suspects, investigate offenses, and deal with victims of online child abuse. 3. Supporting Important Legislation Council of Europe Convention on Cybercrime. Microsoft has joined industry partners to encourage countries to adopt and ratify the Council of Europe Convention on Cybercrime. This global legal tool requires signatory countries to adopt and update laws and procedures to address online crime. Microsoft also provides technical assistance and consultation to help countries comply with their obligations under the convention. Model legislation. In April 2006, Microsoft joined ICMEC in announcing its model legislation, which seeks to modernize child pornography laws for the 184 member countries of Interpol. Microsoft has pledged to support worldwide efforts to develop and enforce these laws. 4. Successes in the Fight Against Cybercrime Operation Bot Roast. Microsoft provided technical information and analytical support to aid the FBI in Operation Bot Roast. Announced in June 2007, Operation Bot Roast is an ongoing investigation and operation that aims to disrupt and dismantle botnets. Lawsuit against Bizads UK. In December 2006, the English High Court ruled in favor of Microsoft in a lawsuit against Bizads UK, which had fraudulently sold lists of up to 10,000 e-mail addresses at a time to spammers. The court restricted Bizads UK from further spam-related activities and awarded damages to be assessed later. 129 legal actions against phishers. In November 2006, Microsoft took action against phishers who were targeting users of MSN Hotmail. These legal actions included 97 criminal complaints and three civil settlements in Europe, the Middle East, and Africa. Anti-spam prosecution in Australia. In October 2006, Clarity1 Pty Ltd. became the first company convicted under Australias tough new anti-spam laws and was fined more than US$4 million for sending hundreds of millions of junk e-mail messages. Microsoft supported this historic prosecution by providing evidence of e-mail messages received by spam-trap accounts to the antispam investigators at the Australian Communications and Media Authority in 2005. Anti-spyware lawsuits. In January 2006, Microsoft and the attorney general of Washington State filed parallel anti-spyware lawsuits. This action was the states first legal action under the Washington Computer Spyware Act, which was enacted in 2005. Microsoft filed its own lawsuit that alleged violation of the same law. Arrests for financial fraud and identity theft. In January 2006, Bulgarian law enforcement officials arrested eight people who were involved in an international criminal network that was responsible for online financial fraud and personal data theft. Microsoft provided Bulgarian officials with information that helped in the investigation and subsequent identification of the alleged perpetrators. Settlement with Spam King. In August 2005, Microsoft reached a US$7 million settlement against self-proclaimed Spam King Scott Richter and his Colorado-based company, OptInRealBig.com LLC. Microsoft began the suit in December 2003, in conjunction with a parallel action by the New York State attorney general. Arrests of Mytob and Zotob worm authors. In August 2005, Microsoft provided United States and worldwide law enforcement agencies with investigative and technical support that led to the arrest of the individuals suspected of authoring and distributing the Mytob and Zotob worms. Turkish and Moroccan law enforcement agencies made the arrests fewer than two weeks after the Mytob and Zotob worms were unleashed. Individual at work Microsoft has an innovative corporate culture and a strong product development focus that is designed to keep us on the leading edge of the industry. We believe that our employees are the companys most important asset. They are the source of our creative ingenuity and success so we empower each staff member to take initiative in solving problems, coming up with new ideas and improving the organisation. Microsoft values diversity and respects each persons individuality When you sell software to 180 million people, in 70 countries, speaking 150 languages, you cant afford to have a singular point of view. Microsoft employs people from many nationalities and backgrounds. * Who we looking for Great people with great values Microsoft concentrates on hiring people we believe fit into the company culture: people who are driven to succeed, enthusiastic about how they can contribute to the organisation and unafraid of suggesting and implementing new ideas. Our recruits are not always IT professionals; many come from backgrounds such as the banking, law or pharmaceutical industries. What they bring to Microsoft is a diversity of knowledge and understanding of the needs of particular industries that helps them relate to, and provide optimum service to, our customers. Microsoft needs people who are creative, energetic and bright, absolutely passionate and committed to our mission of helping others realise their potential. These people share the following values: * Passion for customers, partners and technology; * Integrity and honesty; * Open and respectful with others and dedicated to making them better; * Willingness to take on big challenges and see them through; * Committed to personal excellence and self-improvement; and * Accountable for commitments, results and quality to customers, shareholders, partners and employees. This creates a workforce with a broad range of skills and expertise. We also encourage and nurture lateral thinking. Our workers are given a high level of autonomy to come up with and offer innovative solutions. If this is important to you, it is highly likely you will enjoy the environment Microsoft offers it ¡Ã‚ ¯s employees. A place where you can get things done and have fun at work! * Diversity Microsoft values diversity and respects each persons individuality At Microsoft we have made a corporate commitment to the principle of diversity. We believe that diversity enriches our performance and our products, the communities in which we live and work, and the lives of our employees. As our workforce evolves to reflect the growing diversity of our communities and global marketplace, our efforts to understand, value and incorporate differences become increasingly important. We have established a number of initiatives to promote diversity within our own organisation, including education and training programs that provide employees with the awareness, skills, knowledge and ability to embrace differences. The programs also communicate the importance of a respectful work environment in maximising the performance of every employee. Microsoft employs a diverse workforce representing a broad range of cultural, linguistic, socio-economic and ethnic backgrounds including disabled employees and people from all corners of the globe. We are proudly an equal opportunity employer. * Community Spirit Make a difference from day one At Microsoft, we share a passion for technology and what it can do for people. It doesnt matter who you are or where you live, technology can make a positive difference in your life. It can help you learn faster, achieve more, simplify your life and have more fun. Technology has helped children and adults acquire a passion for learning, given businesses of all sizes the tools they need to compete in an ever-changing marketplace, and provided people with disabilities the access to a new world of job and life opportunities. And we believe the best is yet to come. We help build our communities to unlock their potential Amazing things can happen when the right people, tools and resources come together. At Microsoft, our employees and our technology help unlock this kind of potential every day, through our corporate giving program and through donations of personal time and resources by our employees. Since 1983, Microsoft and our employees around the world have donated more than $100 million in cash, $100 million in software and thousands of volunteer hours in our communities around the world. Across our Asia, each Microsoft subsidiary has its own local initiatives for social giving and community outreach. Our employees are passionately involved in many charitable initiatives across Asia that help people realize their potential. To learn more about Microsoft ¡Ã‚ ¯s giving campaigns you can follow this link: International www.microsoft.com/giving (US link) * Work/Life Balance Make a difference from day one Our employees are our most valued asset, and in recognition of this, Microsoft provides flexible programs, resources and tools to help them create their own kind of balance in life. In this hectic industry, careers are demanding, but if your work is to be fun and rewarding it must take its place and priority alongside your other life interests. At Microsoft, we aim to make the workplace as flexible as possible to enable our employees to have freedom, balance and autonomy. The work/life balance initiatives and programs offered to our staff throughout Asia differ depending upon location, local laws and resource availability. Some of the benefits provided to staff in different locations include: * Onsite and online parenting resources * Variety of sports and health benefits * Broadband connection to your home (enabling staff to work from home when required) * Job-share (where role permits) * Microsoft counselling service for employees and their families * Social club * Career guidance and planning * Mentoring program * Employer-sponsored discount program * Laptop computers and mobile technology * Community support initiatives for various charities The programs cover the individual employee, work, family and community. In addition to the specific work/life balance programs available, Microsoft is firmly committed to the goal of creating a healthy, flexible, and productive work environment that allows employees to engage in a challenging career while balancing their work/life needs. For more information about what programs of this nature are offered in individual countries across Asia, please contact a member of our Recruitment team today. * Women in IT Make a difference from day one Microsoft is proudly an equal opportunity employer of women and proactively seeks to ensure our workforce embraces excellence in gender diversity. Microsoft works closely with local government agencies across Asia and other recognized employers of choice so as to ensure we are constantly contributing to the improved status and treatment of women in the IT industry. This ensures our organisation is compliant with the latest legislative requirements and aware of best practices in the industry for women. Microsoft annually reviews its female diversity practices relating to: * Recruitment and selection * Promotions, transfers and terminations * Training and development * Work organisation * Conditions of service * Dealing with sex-based harassment * Dealing with pregnant and potentially pregnant employees and employees who are breastfeeding At Microsoft male and female employees are paid and rewarded on the same measurements based on the role and the merit of performance. There is no distinction based on gender. Furthermore, there is no distinction based on gender with regards to Microsofts recruitment processes, promotions and transfers, eligibility for benefits, training or conditions of service. Growing the female ranks in the IT industry As a thought-leader in the IT industry Microsoft is committed to the ongoing development of female professionals and encouraging new professionals to the industry. We are actively involved in a number of industry networking groups that focus on Women in the IT industry so we can ensure that our female employees have a voice on important issues and that we continue to develop and attract great female talent to the company. Annually, Microsoft supports and actively participates in the Global Womens Forum and across Asia our subsidiaries have internal networking and support groups for our female employees. Microsoft is also proud to support the development of females in the graduate community by offering Internship placements and various programs to improve the skills of emerging female technologists. Mothers at Microsoft Microsoft welcomes the applications from female candidates who are pregnant, planning pregnancy or returning to the workforce following a maternity leave absence. This is a family friendly environment, so don ¡Ã‚ ¯t be surprised if you visit our offices and meet a few little people! Our employees often bring their children in for a visit to work or to participate in family day events. Harassment Microsoft has a zero-tolerance policy for Sex-Based Harassment and strong policies in place to encourage the equal and appropriate conduct of all employees. * Parents in the Workforce Microsoft enjoys a family friendly environment so it is not uncommon to see spouses and children dropping by for lunch onsite. Microsoft supports parents in the workforce and those returning to the workforce. We do have a Parental Leave policy in place for the primary carer of children and your Recruiter can provide you with further details. If you need time away from work to celebrate the birth of your child and provide care, Microsoft supports you and your right to return to fulltime employment when you are ready. Local Labour Laws apply. Our families are the most important priority in life. Microsoft supports Parents in the Workforce by having flexible and convenient programs in place to ensure you can have balance between your family and your career. Just some of these benefits include: * Parental leave * Parents at Microsoft online resource * Microsoft counselling service for you and your family * Broadband program to enable you to work from home when necessary * Laptops and mobile technology * Discounted software program for private purchase * Flexibility to consider job-share where position enables Conclusion