Rabelais and Montaigne Essay Example | Topics and Well Written Essays - 1250 words

Rabelais and Montaigne - Essay Example This is especially so as they give credence to art in its natural state where a lot of description and opinion, but which seek to indulge into inquiry. Even so, to argue that renaissance writers were only interested in theory may be a misconception. This paper shall assess the above claims under the thesis statement: early renaissance writers and characters appreciated theoretical generalizations and pragmatic action in equal measure. To do so, this paper shall focus on selected readings of the above scholars in an attempt to prove this position. The paper will also offer a counter argument through the lens of an alternative interpretation especially where ambiguity leaves room for multiple understandings of the texts. An Analysis of Depictions of Pragmatic Action versus Theoretical Generalizations To begin with, Book 1, the introduction offers a bit of the author’s background. One may notice that the fact that he threw himself at the movement of the Renaissance (Rabelais and Raffel 5). He is depicted as having acquired both the Latin antiquity knowledge as well as the Greek forms of knowledge. Raffel writes, â€Å"Almost all the elements which are united in Rabelais’ style are known from the later Middle Ages (Preface page X). It is observable that since the author lived at the intersection of two historical periods, it was inevitable that he was affected by the mannerisms and beliefs of those times. It is also observable that Rabelais did not always write in the same fashion (Rabelais and Raffel 12). Analyses of chapters 52-58 reveal some perceptions of the renaissance writers and characters about religion and logic. There was a lot of attention given to theory. For example, Rabelais says, â€Å"If one of the gallants of ladies should say, let us drink, they would all drink.† This depicts a situation in which the society did not assess keenly how practically their actions could affect other things around them. For instance, Rabelais†™s work reveals in this chapter that the society perceived women as incapable of religious service. When the monk asks Gargantua what a good â€Å"a woman that is neither fair not good† serves, Gargantua replies that she should make a nun (Rabelais and Raffel 127). The monk agrees to this. One may observe that these renaissance characters depict religious principles were still important to the society. These show to theoretical approach to life. Besides, there is a lot of description of the abbey of the Thelemites, particularly in regard to how it was built. The author takes his time to describe the abbey, as was the common practice in romanticism. Rabelais’s says this of the abbey in chapter 52, â€Å"In the midst there was a wonderful scalier or winding stair, the entry whereof was without a house, in a vault or arch six fathom abroad.† He also engages in detailed description, a characteristic of theoretical life. he says in chapter 54, â€Å"Stay here, you lively, jovial, handsome, brisk, gay, witty, frolic, cheerful, merry, frisk, spruce, jocund, courteous, furtherer of trades, and in a word, all worthy gentle blades. This approach to life combines what one would call emerging pragmatism against a fading romanticism. Rabelais observes in what he termed a prophetical riddle, that â€Å"they will say that everyman should have his turn† (Rabelais and Raffel 137) to imply the births of human rights in the post renaissance period. He also continues with theoretical appro

The Age of Criminal Responsibility

The Age of Criminal Responsibility In recent years the attitude and mood towards young offenders is more server, due to a wide spread public perception of mounting youth crime, and the killing of toddler James Bulger by Jon Venables and Robert Thompson, who were only 10 years old at the time. Over the past years we are seeing more and more youths engaging in criminal behaviour, some not so serious, and a few striking cases for example, the Jamie Bulger case, and the Doncaster attacks. However only 17 percent of known offenders are aged between 10 and 17, which is surprising considering how much the media report on youth crime (Elliott, Quinn, 2009). Over the past year juvenile crime rates across the continent have remained more or less stable. However, this does not mean that the problem of youth crime is insignificant. Several countries have reported a worrying trend that more young offenders are committing more violent and serious crimes. Young people, who commit crimes at a young age start with an early criminal ca reer, are harder to reintegrate back into a normal life. This is one reason why it is necessary to discuss the problem of juvenile justice in depth (Hammarberg, 2008). There are two different trends in Europe at the current time. One is to reduce the age of criminal responsibility and to lock up more children at younger ages and for more offences. The other trend is in the spirit of the UN Convention on the Rights of the Child to avoid criminalization and to seek family-based or other social alternatives to imprisonment. However in the UK theres a debate on whether or not the age of criminal responsibility should be higher, in which I argue it should. However, the age of criminal responsibility varies greatly across the world. It ranges from 6 in North Carolina or 7 in India, South Africa, Singapore and most of the United States of America, to 13 in France 16 in Portugal and 18 in Belgium. There has recently been much talk in England and Wales, where the age is now 10, about whether this should be raised. Britain and other countries set minimum ages at which a child or young person are allowed to make decisions without a adult or guardians consent for good reason. It is related to judgments about a childs intellectual, emotional and mental maturity. The position where a child has to make far-reaching decisions about their future should never be choice, children need appropriate adult support, guidance and, in some cases, veto. Adults take responsibility for children in decision making as it is seen that children cannot make informed choices and do not have the capacity to do it themselves. The United Nations believe that the same principles should be applied to the age of criminal responsibility (Guardian). The age of criminal responsibility is the age at which it is possible to be charged with a crime and put on trial. (REFERENCE) The UN Committee suggested that twelve is a too low number on the rights of a child and has recommended that serious consideration to be given to rising th e age of criminal responsibility throughout the areas in the UK It is difficult to understand and defend the UK and prevailing practices in Europe for being so out on line. Other methods needs to be thoroughly explored when it comes to ensuring that children take responsibility for their own actions, by drawing what the UN Committee have commended by the positive lessons from reparation, referral orders and other restorative justice schemes for offenders. It might also be an area where listening to children could pay dividends (Broadbridge, 2009). In 1985 the General Assembly of the United Nations adopted the Beijing Rules of juvenile justice, which go further than the UN Committee on the rights of the child. The rules state that the age of criminal responsibility shall not be fixed at too low an age level, bearing in mind the facts of emotional, mental and intellectual maturity. It then goes on to argue that countries should consider whether a child can live up to the moral and psychological components of criminal responsibility and details that if the age of criminal responsibility is set too low the notion of responsibility would become meaningless. On this basis the minimum age of criminal responsibility in the UK should be 16 (guardian). It is also important to know and understand that some countries have a rule called doli incapax. It is held with an assumption that over a certain age that children can be criminally responsible, however, sufficiently mature enough for such a responsibility. If the defence team are successful then that child cannot be found guilty (Muncie, 2009). Generally speaking, there are two major issues to this debate. Firstly, at what age can you call a child grown- up enough to understand right from wrong, and the consequences of those actions? Secondly, at what age can a child comprehend and understand the criminal justice system and trail process enough to take part in it? (REFERENCE). Most European countries have a welfare based system in place to deal with young offenders as their age of criminal responsibility is mostly higher than England and Wales. The Criminal Justice Act 1998 abolished the doli incapax increased the tendency to treat children as if they were adults. Which can be seen in the James Bulger case as John Venables and Robert Thompson were tried in an adult court. Although a ten year old may understand what is right and what is wrong, they do not understand the implications of what they have done and what has to be as a consequence of those actions. Capacity and competence relate to age, understanding and maturity should be considered in any trial in which a child is a defendant (MaMahon, Payne, 2001). England has one of the highest conviction rates for young offenders; this may be due to the low age of criminal responsibility or the fact that we have a punitive state. Whereas in contrast Belgium on the other hand have a high criminal responsibilit y age with only a faction on youth offenders in custody. (NACRO, 2002) Offenders who are under the age of 18 years old are delt with differently from adults, as it is believed that children are less responsible for their actions than adults, a wish to steer children away from further involvement in crime. Sentencing young people has always posed a dilemma: should such offenders be seen as a product of their upbringing and have their problems treated, or are they to be regarded as bad, and have their actions punished? Over the past couple of decades sentencing policy has swung between two views. In 1969, the Labour Government took the approach that delinquency was a result of deprivation, which could be treated, and one of the aims of the Children and Young Persons act of that year was to decriminalise the offending of young people. The opposite approach was introduced by the conservatives which led to the UK having a high number of young people locked up than any other west European country, but reconviction rates of 75-80percent suggested that this was not benefiting the young offenders or the country as a whole. Since 1982, the philosophy behind legislation has been that the sentencing of young people should be based on the offence committed and not on the offenders personal or social circumstances, or the consequent chances of reform. (Elliott, Quinn, 2009) In law many children do not possess the emotional maturity to be held responsible for their actions. Everyone knows that children cannot always make informed choices. It is for this reason that children are not allowed to vote in many countries and cannot consent to sex or drink alcohol. It is seen that children do not have enough life experience and more importantly they do not have the same mental and emotional abilities as adults. Children are often not aware of the consequences of their actions. It is unfair to hold children accountable for these actions as even though children know the difference between right and wrong, they often do not understand the difference between various levels of wrongdoing. However you could argue that children do know right from wrong, for example. In the abduction of Jamie Bulger in 1993, Jon Venables and Robert Thompson must have known to some degree that what they did was wrong, or they would not have lied about it and tried to cover it up. Moreov er, It is important that the criminal law underlines the difference between right and wrong by punishing children and adults who commit crimes. By criminalising children it harms their development and makes the situation even worse. Labelling a child as criminal at a very young age is less likely to lead to a better understanding of what is right and what is wrong. If the child does not understand the wrongfulness of what they have done, they may feel unjustly treated by society and rebel against them accepting the label in which society has given them, and also feel bitter towards society as a whole. The people who surround the child are more likely to be treated worse such as parents and teachers which inevitably separate them from society.In addition to this, those who are sent to prison or young offender institutes get cut off from their family and friends and can develop friendships with other criminals, they can also learn more knowledge about committing crimes before they went into prison, therefore, never really breaking free from the life of crime. All of these reactions are likely to make the childs situation worse and increase the chance of future criminal behaviour. However criminalising children is a necessary step to show the child that those actions were wrong. Children that have committed crimes have often grown up in communities without a structure or control in their lives. The child may see drug-taking, domestic violence and criminal activity in their homes, and they may have often skipped school. These children need to be punished as without punishment the children will never know the cost of their own actions. The children are then less likely to commit crimes in the future as they now know that if they do something wrong a punishment will follow. In addition to this, other children will be are less likely to commit crimes if they know a punishment will follow their actions. We are not persuaded by the argument that criminalising children is the best route to rehabilitation. As the Childrens Rights Alliance for England put it, responding directly to the Ministers comment- The UK has a well-developed child welfare system that is more than capable of assessing and meeting the needs of children without them having to be charged or treated as criminals. The [JCHR] will be aware of the recent very critical joint report from eight Inspectorate and regulatory bodies into how well children are being safeguarded. Of the youth offending teams work with children in prison, the report concludes, the focus was almost exclusively upon the offending behaviour of the young people, and there was little evidence of welfare needs being considered and addressed. This should give a red signal to a government so intent on responding to children in trouble-especially the youngest ones -through the criminal justice system rather than through our child welfare system (Broadbridge, 2009). It is often said that children who commit crimes are victims of circumstance, and instead of punishing children we need to address those circumstances. Studies such as (REFERENCE) show that more often than not the most vulnerable children have grown up in poverty, and have been uncared for by their parents, often skipped school, and even abused. By sending these children to young offenders institutions, their education is harmed, and the possibility of the University of Crime, other measures should be considered. For example, in Norway, social authorities need to take action to secure a childs development through counselling or time spent in a special care unit. The measures that are take should depend on the childs circumstances, rather than how bad the crime was. This is more than likely to reduce the criminal behaviour of young people in the future. There could be issues to do with class in the mix here. Rich children are less likely to be criminalised as their parents will be abl e to afford better lawyers which will be able to deal with the situation better. However people argue that a child is more at risk if they do not receive a criminal punishment. Not all punishments are retributive; rehabilitation can be combined with the education and training that the child will receive in prison in order to integrate the child back into society. If these sanctions were not in place, it would be more difficulty for younger children to resist the temptation of assisting older criminals. It is seen that children cannot have a fair trial. Many children often struggle to understand the trial process, which can be stressful and also have technical problems. Given the seriousness of being found guilty, it is only fair and important that people do have a fair trial and punishment is given if found guilty. It is more than likely that children do not have the concentration to follow evidence properly, therefore they may not be able to give fluent instructions to their lawyers and are misunderstood. This is a considerable injustice to the child/ children that are on trial, as if they do not understand, or potentially intimidated by the foreign surroundings and language they are not familiar with, then a grave injustice can occur. For example, in the Jamie Bulger case, thoroughout the trail process it was noted that the John Venables and Robert Thompson looked bored and bewildered by the whole process. It is argued that it is possible to make the system work for children. Aus tralia, Singapore and the USA and many other countries have special courts for offenders under the age of 18.The design of the courts are simpler and designed to be less intimidating for a child, which allows them to be able to follow the criminal process more clearly. As long as the safeguards are in place to protect young people, it is possible for a child to have a fair trial, as long as that child is not tried in an adult court. Societies understanding of childhood do not arise because of some innate nature of children childs rights. In particular, childrens competence, to what extent a child a child can assert their legal rights and to what extent do adults interpret a childs competence, with this political question proves the rights and policies for the child. The history of juvenile history reflects the influential portrayals of perceived child competence. The origins of juvenile justice along the welfare approach are based upon the belief that childrens incompetence and lack of criminal responsibility. This foundation lends itself to broad state authority to intervene in childrens lives, which in reality has often proven disastrous for children. In response to these problems, a shift in juvenile justice occurred towards the justice approach, which inevitably constructed a childhood based around the notion that children did have the mental capacity and competence to understand and have criminal responsibility The MACR notes the tipping point among tipping notions about childhood; competencies; liberty and protection rights; and the welfare justice continuum. However in the justice approach the notion of responsibility often, if not always, serves as a trap door rather than a safeguard, in which it was originally intended. Instead of ensuring freedom for the state intrusion, its meaning can become distorted and may legitimise social control over children whose true responsibility is questionable. The effects of moral condemnation and punishment follow even where underlying moral responsibility is missing. At the cost of individual liberly, moral legitimacy, and justice, the publics conscience is relieved and authorities effective social control is consolidated. Paradoxically, the welfare approach may appeal to different concepts of childrens rights, but neither communicates a clear role for society at large, and bother bring the weight of problems down upon individual children and families. Such inherent flaws leave both the justice approach and the welfare approach as problematic models. We also note, as did the UN Committee, that the Government has abolished the common law principle of doli incapax (the rebuttable presumption that children aged 10-13 years are incapable of criminal intent). The effect of this has been described as follows.This means that a 10 year old child, till in primary school is presumed to be as criminally responsible as a fully mature adult. This surely cannot be right. In the light of the removal of this safeguard, we recommend that the government review the effects of the low age of criminal responsibility on children and on crime. The criminalisation of young children has to be justified by very convincing evidence- it is not sufficient to assert that it is the best, or the only way to diverting them from a future of crime.

The Benefits of Preschool Essay examples -- Argumentative Persuasive E

The Benefits of Preschool Preschool isn't just a place for parents to drop off their children while they are at work for the day. It is in preschool where children learn the necessary skills needed to succeed in school and in life. With high-quality preschools and qualified teachers the possibilities are endless. It's not only the children who reap the benefits of Early Childhood Education; their parents, fellow peers, and even society feel the positive effects of quality preschool programs. Children enrolled in quality preschool programs are more likely to succeed academically and socially when they are older. Many children begin school at the ages of 5 or 6, the age when a child enters kindergarten. However, children?s learning capabilities are at there peak at earlier ages than that. Alison Gopnik, a professor of psychology at the University of California at Berkeley says, ?Children learn more in their early years than they ever will again. With the dissolution of the extended family, the best way to support early learning is with publicly funded pre-K? (Starr, 2002). Their brains are more primed to learn and will absorb more information earlier in life. Therefore the earlier children begin their education, the better. It is through these programs that the children learn proper etiquettes when dealing with teachers and fellow students. ?Children who attend well-planned, high quality programs?tend to learn more and are better prepared to successfully master the complex demands of formal schooling,? says one government commissioned review of research on early childhood education (Ruben, 2000/2001). The results of quality preschool programs can be seen early after they begin. Children learn many important life le... ...e San Francisco Chronicle, A27. Retrieved October 4, 2002 from Lexis Nexis ? Academic-Document. Rhodes, M. (1999 Fall). What kids really learn in preschool. Parenting, 13(7), 74. Retrieved September 17, 2002 from MasterFILE Premier. Ruben, D. (2000 December/2001 January). Preschool for all?. Parenting, 14(10), 160. Retrieved September 17, 2002 from MasterFILE Premier. Starr, A. (2002 August 19/2002 August 26). The importance of teaching tots. Business Week, (3796), 164. Retrieved October 14, 2002 from Academic Search Premier. Wagner, Senator J. (2002 April 17). Money for early childhood education is money well Spent. Pittsburgh Post-Gazette, A-24. Retrieved October 4, 2002 from Lexis Nexis ? Academic-Document. Wang, P. (1998 February). The impact of delaying school. Parenting, 12(1), 26. Retrieved September 17,2002 from MasterFILE Premier.

Metabical: Communications Plan Essay

1. Introduction Metabical is a bran new revolutionary weight loss drug, developed by the Cambridge Science Pharmaceuticals, which expects the final approved by the FDA (US Food and Drug Administration). As soon, as the FDA approves it, the product is going to be launched. Metabical is clinically proven to be a very effective drug for the weight-loss in moderately overweight people with the BMI 25-30. 2. Background The statistics show, that not less than 70 % of participants of the Marketing Survey for the weight-loss products are unhappy with their current weight. 35 % of them are trying actively to lose weight via any means. 15 % of them do not mind the usage of the weight-loss products to help them in losing weight. 65 % of the adult population of the United States is considered as the overweight or obese. Many of the members of focus groups claim that they starve themselves with diets and suffer from the intensive exercising; however, they do not get the desired results as quick and easy as they want them to be. These facts show the need of the market for the weight-loss products. Overweight and obesity become global problems nowadays. Pharmaceutical companies try to find the solutions to these problems by creating weight-loss drugs. These are the pills, which have to be taken regularly for a period of time. They serve as an additional aid to the weight-loss program of a person. It is best to combine them with healthy diet and regular exercising. 3. The Situation Analysis Company Analysis Cambridge Science Pharmaceuticals (CSP) is a global pharmaceutical company based in Cambridge, US. In 2007, it had a remarkable sales record of $25 billion. Currently, it is ready to launch a very promising drug in the weight-loss field, which will greatly impact the company’s future. With correct positioning, it has all the chances of becoming a new market leader and a holder of the monopoly on the market. Competitor Analysis The weight-loss drug market is new to business society and it is still developing; however, it is highly competitive. Currently, the OTC product monopoly is held by a few competitive products: Alli, Xeniacal4 and Ephedra. The advantages of the Metabical product on its competitors are crucial. Metabical is the first weight-loss drug, which is potentially approved by the FDA in all the aspects – it is the safest weight-loss drug on the market. It means, that it does not have so many side effects, as the competitor’s products do. For example, there have been many cases of heart-death, caused by the regular usage of the Ephedra product, and a lot of liver damages cause by Xenical4. Out of all these drugs, Alli is the only one, which got approved by the FDA; so, one can say that it is the number one competitor for the Metabical product on the market. Even though it got approved, it is much less safe to consume than Metabical product. Alli causes a lot of side effects as the loose stools, abdominal pain, and increased defecation incontinence, when a person consumes it with too much fat. Another advantage of Metabical is the program itself. It is longer and better balanced than the Alli’s one. Unlike its competitors, it offers an individual exercise plan and a personal support component. The price tag of $3 – $5 for Metabical can be considered relatively inexpensive to the competitors’ products and with all the benefits it gives. It is also much easier to use than the competitors’ products (1 pill a day versus 1 pill per meal). The duration of the effect of the Metabical pill is also better than the one of the competitors’ products. The main difference of the Metabical product from all its potential competitors is its vision and philosophy. It focuses on the improvement of the product from the health perspective, making it safer to use for its consumers with the least amount of side effects, while the other companies try to strengthen the effects of their product, so, that the results will be noticed earlier. This is very important, because the customers of the weight-loss products do not want just to lose the weight, but become healthy in all of the aspects. Consumer Analysis Since the Metabical is a weight-loss drug, and it is already known that its target costumers have a Body Mass Index varying from 25 to 30 units, it is easy to determine and choose the segments of the potential consumers. Mostly, these are the average people, who are very concerned about the overweight and obesity issue. They may suffer from the exceed of weight and they are highly motivated in fighting with it. They attend the gym regularly, exercise a lot, and struggle with healthy diets; however, this is still not enough for them to lose the exceeding weight. Metabical is not a solution, but a great aid in fighting with their problem. Some overweight people do not care about or even do not notice their problem, so, Metabical do not see them as the primary costumers. The gender of the potential customers is most of the cases feminine. As studies show, women tend to care and put much more attention into their physical appearance, than men do. In addition, studies say that 75 % of overweight women are not happy with their weight and 60 % tried to fight with their exceed of weight with different methods but failed. The age of the potential Metabical consumers is also easy to determine. It is known, that most of the people become more and more concerned with their weight when they are getting older and older. When a person reaches his physical size and stops growing, his body changes – the calories gained per day do not go into the growth, but the fat. These fats are very hard to fight, and even the exceeding exercising at this age is not a solution. The fat usually becomes a problem at the age of 25-35. The Metabical drug is averagely priced; however, not everybody can afford it. It is never given out for free, since, the overweight is not considered an illness. The consumer has to have salary of funds, which can cover the full Metabical diet program. He also has to have an access to the gym and can afford to buy healthy products. The estimated income of the Metabical consumer is $40’000+ a year, so, this is a middle-class person. Also, the studies show, that the single people tend to care more about their physical appearance, than the married / in relationship ones, especially, the women. The relationship status of the Metabical customer can be identified as single / actively searching. Also, there are the sub-segments of the customers on the market – Metabical consumers can be divided in two kinds: some want to use the product to look good, others, who want to be healthier. The first type of the customers are usually younger (25+), the second type are older (35+). The first sub-segment is considered as the priority for the Metabical product. This is explained by the philosophy of the drug: it is made for the people, who want to be healthy and not just slim. CSP puts a lot of effort in making Metabical a safe product to use on the first place. As a conclusion, the target costumer of the Metabical product is usually an overweight woman (BMI 25-30), aged 25+, with the yearly income of $40’000+ (middle class). She usually has a college education. Her self-esteem is low and she is either worried that she does not look good or she wants to become healthier. She is a workingwoman or a housewife, usually single. She attends the gym regularly and stays on a strict healthy diet. She is very motivated and willing to fight with her problem via any means. Product Analysis Metabical is a prescription weight-loss drug developed by CSP. It is consumed in the form of pills one time a day. It costs $3 – $5 a day. The average duration of the Metabical treatment program is 12 weeks. The cost of the program varies from $252 to $420. The drug is prescribed to the overweight people with the BMI of 25 to 30, and is not as effective on the consumers with higher BMI. To achieve the maximum effectiveness of the drug, the individual diet and the exercise program have to be developed and followed during the usage of the Metabical. As any other weight-loss drug, Metabical has some side effects. They are similar to the ones of Alli (gastrointestinal discomfort) but much less noticeable. They may appear if a person combines the consumption of the Metabical drug with a lot of fatty foods. At this stage, it awaits the final approval of the FDA, and will be launched, as soon, as it gets the approval.

Reasons for Communication Essay

The reasons why people communicate is to (a) express needs (b) to share ideas (c) to build relationship and socialise (d) to ask question and share experience 1.2HOW COMMUNICATION AFFECTS RELATIONSHIP IN THE WORK SETTING communication affects relationship at work place e.g. with colleagues, people using services, children and their families, help to build trust, understanding of individual needs, communication is used to negotiate, to prevent or resolve conflict and prevent misunderstanding. Relevant theories e.g. tuck man stages of group interaction (forming, storming, norming and performing) Read more: Reasons for communication  essay 2.2 THE FACTORS TO CONSIDER WHEN PROMOTING EFFECTIVE COMMUNICATION Argule’s stages of the communication cycle (ideas occur, message coded, message sent, message received, message decoded, message understood) type of communication for example complex, sensitive, normal or non-normal: context of communication e.g. one-one; group, with people using services, children or young people, with professional/colleagues; purpose of communication; cultural factors, needs to adapt communication; environment; time and resources available 3.1 HOW PEOPLE DIFFERENT BACKGROUND MAY USE AND/OR INTERPRET COMMUNICATION METHODS IN DIFFERENT WAYS People from different backgrounds may use or interpret communication in different ways by looking at that ;an individual background can influence communication for example age, gender, culture, socio economic status: differences in verbal communication e.g. language, vocabulary, dialect, intonations, non-verbal e.g. facial expression, use of body language, eye contact, gesture etc 3.2 THE BARRIERS TO EFFECTIVE COMMUNICATION The barriers to effective communication are: language e.g. dialect, use of jargons, sector specific vocabulary. Environment e.g. noise, poor lighting. Emotional and behavioural e.g. attitude, anxiety, lack of confidence, aggression, sensory impairment health or medical conditions learning disability, effect of alcohol or drugs 3.5 HOW TO ACCESS EXTRA SUPPORT OR SERVICES TO ENABLE INDIVIDUALS TO COMMUNICATE EFFECTIVELY To access extra support and services, the use of interpreting services; translation services; speech and language services; advocacy services; third sector organisations example stroke association, royal institute for deaf people (RNID) 4.1 THE MEANING OF THE TERM CONFIDENTIALITY The term confidentiality means one person receives personal or sensitive information from another person. This information should not be passed on to anyone else without the person from whom the personal or sensitive information was received: meaning of confidentiality as contained in principles of current legislation e.g. the data protection act of 1998 4.3THE POTENTIAL TENSIONS BETWEEN MAINTAINIG AN INDIVIDUAL’S CONFIDENTIALITY AND DISCLOSING CONCERNS Maintaining confidentiality in day to day communication in different inter-personal situation e.g. adult receives personal or young person receives personal or sensitive information about other adults or colleagues, child or young person receives personal or sensitive information about an adult, following policies and procedures in own work place setting for example policies from sharing information, situations where unconditional confidentiality cannot be maintained, support and guidance regarding confidential information, role of manager or supervisor, referral, training types of information to the collection, recording and storage of different of information There is a potential tension caused by confidentiality and the need to disclose information when information; understanding when information may be shared without consent, concept of need to know, need for transparent policy and protocols in information sharing Unit 2 1.1THE DUTIES AND RESPONSIBILITIES OF OWN WORK ROLE the duties and responsibilities of own work role are: contractual responsibility e.g. hours, line of reporting, specific roles and responsibilities e.g. behavioural support, supporting children and young people with special educational needs, supporting bilingual children and young people: compliance with policies and procedures of work setting e.g. behaviour, children and young people protection,. Health and safety: keeping up to date with changes to procedures; keeping up to date with practice 1.2 THE EXPECTATIONS ABOUT OWN WORK ROLE AS EXPRESS IN RELEVANT STANDARDS the expectations of own work role as express in relevant standards are example national occupational standards for children’s care, learning  and development (NOS CCLD), national occupational standards for learning and development for support services (NOS LOSS) in relation to duties and responsibilities e.g. role to support children or young people with educational needs , expectation to meet standards 2.1 THE IMPORTANCE OF REFLECTIVE PRACTICE IN CONTINIOUSLY IMPROVING THE QUALITY OF SERVICES PROVIDED The importance for reflective practice in continuously improving the quality of service provided and aiming to continually review progress to improve or change approaches, strategies, actions, benefits to children, young people. Setting and individual of improved performance e.g. enable learning to take place and practice to improve. Enables all relevant factors to be taken into account. Provides clarity, identification of learning cycle (KOLB) 2.3 HOW OWN VALUES, BELIEF SYSTEMS AND EXPERIENCE MAY AFFECT WORKING PRACTICE Personal values, belief system and experience may affect working practice through self-awareness of values, beliefs experience affection approach to working practice example motivation, conformity, cooperation, consistency, respect fairness, creativity of previous experience of learning: ways of own values affect practice positively and negatively e.g. conflict between own values, beliefs and standards 4.1 THE SOURCES OF SUPPORT FOR PLANNING AND REVIEWING OWN DEVELOPMENT The sources of support for planning and reviewing own development can be: sources of support e.g. mentor, supervisor, teacher, manager, local authority, training providers awarding organisation further and higher educational institutions, learning direct, teachers development agencies (TDA). Children’s workforce development council (CWDC) 5.1 THE EVALUATION OF HOW LEARNING ACTIVITIES HAVE AFFECTED PRACTICE Learning activities such as formal lessons, training programmes/sessions research activities observing practice, practical activities can affect practice by applying newly learnt theories and using different approaches. How reflective practice leads to improved ways of working e.g. ways that continually challenging current behaviour has developed and enhanced own practice and skills: how monitoring own practice has enabled changes to take place UNIT 3 1.1 WHAT IS MEANT BY THE TERMS DIVERSITY, EQUALITY AND INCLUSION Diversity- differences between individuals and groups e.g. culture, nationality, ability ethnic origin, gender, age religion, beliefs, sexual orientation and social class Equality- this is the promotion of individual rights, giving choices and opportunity, respect and fairness, services in response to individual needs. Inclusion- individual at the centre of planning and support, valuing diversity 1.2 THE POTENTIAL EFFECTS OF DISCRIMINATIONS The effect of discriminations is: direct discrimination, institutional discrimination etc. Individual being treated less favourably than others: lack of opportunities, prejudice and injustice. 1.2 HOW INCLUSIVE PRACTICE PROMOTES EQUALITY AND SUPPORT DIVERSITY Promoting equality: policies and procedures in work place setting inclusive practice procedures: challenging discrimination, promoting rights, empowering, removing barriers e.g. physical access to effective communication, improving participation, promoting dignity and respect, individual at the centre of planning and delivery of services. Supporting diversity, valuing differences between using positive images of individual from diverse groups. Celebrating differences 2.1 HOW LEGISLATIONS AND CODES OF PRACTICE RELATING TO EQUALITY, DIVERSITY AND DISCRIMINATION APPLY TO OWN WORK ROLE Legislation and codes of practice: codes of practice of sector, policies of work place settings, human rights act 1998, disability discrimination act 2005, special educational needs and disability act2001, race relation (amendment) act 2000,the equality act 2010, the European convention on human rights 3.3 HOW TO CHALLENGE DISCRIMINATION IN A WAY THAT PROMOTES CHANGE In order to challenge discrimination to promote change, I will identify and challenge discrimination behaviour; recognised stereotypes in attitude or written materials; understand and adopt own belief attitude; know how to report concerns; review and develop policies and procedures UNIT 4 1.1 WHAT IT MEANS TO HAVE A DUTY OF CARE IN OWN WORK ROLE duty of care in own work role is accountability e.g. exercising authority, managing risk working, safe guarding children and young people, monitoring  own behaviour and conduct, maintaining confidentiality, storing personal information appropriately, reporting concerns and allegations, making professional judgement, maintaining professional boundaries, avoiding favouritism, maintaining high standards for conduct outside the professional role 1.2 HOW DUTY OF CARE CONTRIBUTES TO SAFEGUARDING OR PROTECTION OF INDIVIDUALS The contribution of duty of care to safeguarding and protection of individuals is safeguarding children and young people e.g. protection from sexual, physical or emotional harm, preserving respect and dignity. Engendering trust protecting children and young people e.g. safety in the environment, safe use of resources and equipment, prevention from intimidation or humiliation, protecting self e.g. ensuring against risk of allegation of misconduct or abuse. Avoiding risk of accusation of malpractice 2.1 THE POTENTIAL CONFLICT OR DILEMMA THAT MAY ARISE BETWEEN THE DUTY OF CARE AND THE INDIVIDUAL’S RIGHT The potential conflict or dilemma and individual right that may arise between individual rights and duty of care are e.g. attitudes and unsafe behaviours such as drugs, alcohol, abuse, treating, staying out without permission aggression and violent, bulling and intimidation, vandalism. Individual rights for example respect for views and actions, safety and security, love and belonging, education equality 2.2 HOW TO MANAGE RISKS ASSOCIATED WITH CONFLICT OR DILEMMABETWEEN AN INDIVIDUAL RIGHT AND DUTY OF CARE In order to manage risks associated with conflict or dilemma will be by e.g. implementing policies and codes of practice, acting in individual’s best interest, fostering culture of openness and support, being consistent, maintaining professional boundaries, following systems for raising concerns 2.3WHERE TO GET ADDITIONAL SUPPORT AND ADVICE ABOUT CONFLICT AND DILEMMA ADDITIONAL SUPPORT AND DILEMMA CAN BE GOT FROM: EG LINE MANAGEMENT, TRAINING AND PROFESSIONAL DEVELOPMENT, HEALTH PROFESSIONALS, SCHOOL/ college advices, counselling services, mediation and advocacy services 3.1 methods of responding to complaints Ways in which we can respond to complaints are: e.g. listening to complaints, referring complaints to policy, suggesting that complaints be made in  writing, reporting complaint to line manager 3.2 THE POINTS OF AGREED PROCEDURES FOR HANDLING COMPLAINTS The main points of agreed procedures for handling complaints are: e.g. acknowledgement of complaints, stages within procedures, report and recommendation, review and appeals Unit 5 The aim of this assessment is to understand the national and local context of safeguarding and protection of vulnerable people from abuse. The assessment will take into account and how to understand ways to reduce the likelihood of abuse and finally knows how to respond and report unsafe practices. 3.1 THE NATIONAL POLICIES AND LOCAL SYSTEMS THAT RELATES TO SAFEGUARDING AND PROTECTION FROM ABUSE According to the codes of practice, all agencies and individuals involved with vulnerable adults have duty to protect them from abuse. The wishes of the vulnerable adults should be central to the use of the multi-agency policies and procedures for the protection of vulnerable adults from abuse. The policies and procedures respects an adult’s rights to live free from abuse in accordance with the principles of respect, dignity, autonomy, privacy, beliefs and equality. Services will be provided in a manner in which does not discriminate on grounds of racial or ethnic origin, religion or b eliefs, disability, gender, age or sexual orientation 3.2 THE ROLES OF DIFFERENT AGENCIES IN SAFEGUARDING AND PROTECTING INDIVIDUALS FROM ABUSE It is the responsibility of everyone to seek to prevent and protect vulnerable people fro abuse. Suspected or actual abuse must be reported to social services or the police within 24 hours. An adult protection enquiry coordinator will be appointed by social services to coordinate the investigation and will a senior practitioner or first tier manager with appropriate skills, in most cases, an inter-agency strategy meeting, chaired by a senior manager at team manager level or above will be converted to determined the action plan 3.3 REPORTS INTO SERIOUS FAILURES TO PROTECT INDIVIDUALS FROM ABUSE Agencies have a duty of care to protect vulnerable adults from abuse and to recognised and take actions within the present legal framework, there will be occasions when vulnerable adults may choose to remain at risk in dangerous situations. Professional staff may find no statutory power in cases where the adult is judge to sufficient capacity to make his/her own choices and refuses the help or treatment which the staff  or carer feels is needed and where public interest consideration do not apply. In this case, the decision of the vulnerable should be respected. At the same time, accurate record must be made of the situation 3.4 SOURCES OF INFORMATION AND ADVICE ABOUT OWN ROLE IN SAFEGUARDING AND PROTECTING INDIVIDUALS FROM ABUSE Confidentiality must not be confused with secrecy. Staffs have clear duty to report any concerns they have relating to abuse or suspected abuse of vulnerable adults to their line manager at their earliest opportunity. Workers in all agencies owe a duty of confidentiality to vulnerable adults. A vulnerable adult has a right to expect that information about them and held on them in what ever form, will be treated with due regards to the principles of confidentiality. These principles are applicable to information sharing both within and between agencies in matters concerning abuse.