Friday, September 6, 2019

Business Past Paper Essay Example for Free

Business Past Paper Essay E of the following topics and write it in the space provided. (i) The changing role of women in the family (ii) The involvement of young people in organized sports Topic:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1. (a) State TWO reasons why a researcher would research the topic which you have stated above. (2 marks) (b) Suggest ONE objective on which a researcher may focus in doing a study on the topic you chose. (2 marks) (c) Based on the objective you suggested in 1 (b), write ONE research question. (2 marks) (d) State ONE appropriate method that may be used to collect data on the topic you chose. (1 mark) (e) Outline why a researcher should use the method you stated in 1 (d) above. (2 marks) Total 9 marks 2. (a) For the topic you have chosen, suggest TWO variables which a researcher may investigate. (2 marks) (b) Identify TWO groups from which a researcher may select a sample to get information on the topic you chose. (2 marks) (c) State ONE method of choosing a sample from ONE of the groups you identified in 2 (b) above. (1 mark) (d) Briefly describe the method you suggested in 2 (c). (2 marks) Total 7 marks 3. (a) Suggest TWO ways to display the data that may be collected on the topic you choose. (2 marks) (b) Explain briefly why the data should be displayed in the ways you suggested in 3 (a). (2 marks) (c) Name TWO statistical measures that a researcher may use to determine how numerical data, such as scores obtained in a study, are related. (2 marks) Total 6 marks Use the information in the passage below to answer questions 4 and 5. ALCOHOL AND FAMILY LIFE In a recent study done on the effects of alcohol on family life, the heads of fifty (50) low income households responded. The following information was obtained and analyzed. 30% of the respondents stated that alcohol consumption deprives some families from satisfying their basic needs, 60% indicated that it is a cause for domestic violence in the home while 10% claimed that it prevented family members from enjoying planned leisure activities. These findings have caused concern for many community groups. Leaders of these groups have indicated their desire to find some solutions to these concerns from the local authorities in their communities. 4. (a) (i) Display the findings obtained in this survey in a pie-graph in the space provided below. (4 marks) (ii) Write ONE statement about the data you displayed in the pie-graph. (2 marks) (b) State ONE characteristic of the sample used in this survey. (1 mark) (c) Name ONE research method that the researcher may have used to collect information. (1 mark) (d) Write ONE question that may be included in the research method you named in 4 (c). (1 mark) Total 9 marks 5. (a) Based on the data provided in the survey, write ONE research question. (2 marks) (b) Based on the findings you displayed in 4 (a) (i), suggest ONE recommendation that may be helpful to the community leaders. (1 mark) (c) State ONE change you would make if you were asked to conduct the study. (1 mark) Total 4 marks

Thursday, September 5, 2019

Comparing US and Indias Abortion Laws

Comparing US and Indias Abortion Laws A REFLECTION OF AMERICAN JURISPRUDENCE ON THE INDIAN MILIEU OF LIBERALISED ABORTION POLICIES Abortion laws originated in the United Kingdom as early as 1803, but the credit of revolutionizing abortion laws and recognizing the inherent, perhaps inextricable right and liberty of women over their bodies can only be given to the United States—more specifically to the American Judiciary. From as early as Roe v. Wade, the American Judiciary has been reiterating womens rights as constitutional persons to terminate her pregnancy in the earlier stages and thereafter the State being given a role to play; hence making abortion legal for the first time in the Unites States in 1973. Even though senators and other policy-makers in several, if not all, states of the United States have tried to whittle down the basic premise of Roe v. Wade, it had been emphatically upheld in subsequent cases. After more than thirty years of taking firm root of the pro-abortion movement in the West, anti-abortion groups have again taken a radical stand by trying to control abortions through the introd uction of the Unborn Child Pain Awareness Bill of 2005(commonly known as Fetal Pain Legislation) and as many as twenty-three states in the USA have passed it to be an Act, which would require that abortionists disclose to women the reality that killing an unborn baby by abortion causes pain to the child. It would also require that women who were pregnant for more than twenty weeks would be given the choice of adopting anesthesia for their fetuses. Interestingly this move by the legislatures was said to find its basis on the judgments in Gonzales v. Carhart whereby the Supreme Court had held that the federal legislation banning partial-birth abortion was constitutional on its face. The issue of fetal pain arose amidst the partial-birth abortion debate. Supporters of the federal legislation argued that partial-birth abortion was excruciatingly painful for the fetus and that banning this abortion procedure would further the States legitimate interest in protecting the unborn child. Opp onents of the federal ban argued that there was no conclusive scientific evidence to support the hypothesis that a fetus is even capable of feeling pain. As a result of this partial-birth abortion controversy, legislations aimed at acknowledging and assuaging fetal pain during abortion came into being. In India, the debate on abortion laws as embodied in the Medical Termination of Pregnancy Act, 1971 has been swirling since the Bombay High Courts decision in Dr. Nikhil Dattar Ors. v. Union of India, whereby the Court going by a strict interpretation of the provisions in the Statute, refused to give a lady pregnant with a malformed fetus to abort since she was already in her twenty-fourth week of pregnancy as mandated by the Statute. Since then there have been urgent calls to amend the Statute as long-standing critiques of the policy were brought to the fore-front again. It has become critical at this juncture to look at the development of abortion law and policies in the West, part icularly in the United States, to gauge where India stands at this moment and whether, if at all, India should be inspired from the western counterpoint or take caution from the developments therein to better further its own interests in striking the perfect balance between liberty, autonomy and freedom of the individual versus the States right to interfere. I. INTRODUCTION The issue of abortion presents itself to the modern sensibility and understanding as a perplexing cocktail of moral, spiritual and legal questions. Indeed, the problem of regulating abortion is inherently an exercise in seeking out the equilibrium between an ever-increasing degree of medical empiricism that time and technology continually bring into the fluid domains of moral, religious and legal normativeness. Some of the several facets of the question, by their very nature, would fail to turn up with any one answer under the scrutiny of any court—normative questions of when life truly begins, whose life is more valuable and the relative â€Å"sanctity† of human life, potential and existing, are, as the courts themselves have recognized [1]—complex considerations of such a personal nature that courts had better leave them off their consideration list and if absolutely required to deal with such questions, then exercise the highest possible degree of sensitivity in dealing with them. The application of lenses as varied as the feminist, the medical, the bioethical and moral, the religious[2] and the legal (and more specifically constitutional) yield many resultant views to the issue. Any lasting resolution, legal or otherwise, then must come from a nuanced, holistic view of the multiple facets of the problem. Indeed, the founding notions of the larger abortion debate, personhood, bodily integrity and autonomy, and the relative significance of rights (individual, fetal and of the putative father) and their holders, are issues of interdisciplinary concern. On the central issue of personhood, for instance, which has found resonance in the Courts specifically in context of the fetal status, it has been remarked that the law and indeed society ignores the personhood of the woman[3], who in that regard at least should have been granted full and unquestioned constitutional standing at par with other women and men. Conversely, when the question of fetal personhood is detached from a moral or spiritual context and is viewed under the medical and bioethical lens in measurable and empirical terms, it is defeated.[4] While the debate rages on with passionate voices and legitimate concerns on either side of the divide, and the groundswell of reason and rhetoric shows no sign of ebbing, it has been recognized that the entire compass of the debate boils down to only the lesser of two difficult tragedies[5]. In this article we shall seek to address the extensive analysis and documentation of the evolution of the abortion jurisprudence as has evolved in the United States of America and then compare as to where India with its fledgling abortion laws stands in perspective. Above all, however, even as we take reader through the rhetoric as it deepens into more and more specific concerns, such as those dealt with in the latter part of this article, the exercise brings home the sobering realization that the law, as a tool, can take us only so far in settling the fundamentals of and the issues surrounding the abortion debate[6]. II. ABORTION: THE PAST AND THE PRESENT A. THE PRE-ROE LANDSCAPE Attitudes towards abortion in the ancient world were, in the whole, accepting of abortion, with few qualms about its practice. Ancient religion placed no bar on abortion and fetal rights were largely unrecognized.[7] Interestingly, however, one of the basic requirements of the Hippocratic Oaths is a categorical one to refrain from the practice of abortion in any form.[8] Early common law, influenced as it was by the philosophic and theological debates of its own of when the fetus was to be considered â€Å"alive†, recognized abortion as a crime only after â€Å"quickening†, that is the point in time at which the fetus becomes capable of discernable and independent movement in utero.[9] This was usually considered to occur between the time frame of 16 and 18 weeks into pregnancy, although no entirely empirical basis for this was offered. When England adopted its first legislation in 1803—Lord Ellenboroughs Act[10]—as it was known, it retained the notion of â€Å"quickening†; using it to mark the distinction between a simple felony, before the incidence of quickening and a capital offence once the fetus is quick. Compare this with the scenario eighteen years after the passage of Ellenboroughs Act. Across the Atlantic in 1821, the US state of Connecticut became the first to adopt an abortion legislation which read much like Ellenboroughs Act. Meanwhile, the state of New York in 1828 passed laws recognizing abortion as an offence (which were to become the prototypical model for early legislation across the United States), albeit of different degrees, both before and after quickening. Further, it recognized and included â€Å"therapeutic abortion† as valid and excusable, thereby guaranteeing some safety measures to expectant mothers in cases where their physicians had reason to believe the mothers own life was at risk.[11] Within the span of a hundred years, however, by the middle of the 20th century, the majority of US States had enacted a complete ban on abortion, save for cases in which the mothers life was at risk. The notion of quickening, a pervasive concept forming the fundamental basis for abortion laws in the not very distant past, came to vanish entirely from the rulebook. In the 1960s and 70s, many US States were beginning to adopt some version or variation of the American Law Institutes Model Penal Code[12], (hereinafter referred to the A.L.I. Model) in which the abortion laws were decisively less stringent than before. In a very broad sense and in only very small measure, womens right to abortion began to reclaim some of its early efficacy. The laws, however, despite their new form, allowed far less opportunity to procure a medical termination of pregnancy than in the past. It was only in 1967 that Colorado became the first state to legalize abortion. [13] This movement towards the A.L.I. Model and more liberalized laws in general was, it must be noted, however, a growing but not universal trend of the time. The State of Texas, which enacted its first abortion legislation in 1840[14], was among the majority which made no movement toward liberalizing their abortion laws. Laws banning abortion, except in the case of tangible risks to the mother, remai ned in place in the majority of US States. Thus before even the rise of an opportunity for a stand-off between the legislature and the judiciary as we shall see in the forthcoming part, there were slow and decisive vacillations in abortion laws which sometimes favored the pro-choice and sometimes favored the pro-life with varying degrees over time. B. ROE v. WADE: THE CONTEXT, CRITICISMS, CONCLUSIONS AND CONSEQUENT DECISIONS Against the backcloth elucidated above, it might be pertinent to look into the landmark judgment and decision of Roe v. Wade.[15](Hereinafter referred to as Roe) Herein an unmarried, pregnant woman, under the pseudonym of Jane Roe, instituted a federal action â€Å"on behalf of herself and all other women† in the March of the year 1970 against the District Attorney of Dallas County, Texas, where she resided, challenging the very constitutionality of the Texas Criminal Abortion Laws. She stated her intent to procure a ‘legal abortion â€Å"performed by a competent, licensed physician, under safe, clinical conditions†[16] and that she would not be able to travel to a jurisdiction which would allow her to obtain an abortion of the aforementioned nature. The case came in federal appeal to the Supreme Court of the United States in December 1971, and on the 22nd of January 1973, the Courts historic seven-two judgement was enunciated by Justice Blackmun. This decision ha s since then taken the shape of a veritable cornerstone in any commentary of the protracted history of abortion debates in the United States. Justice Blackmun gave on behalf of the majority the Courts opinion.[17] The Court recognized, following the decision in Griswold v. Connecticut[18], that a general right to privacy exists, although nowhere explicitly stated, in the US Constitution, and that it is protected by the Fourteenth Amendments Due Process Clause. It read the said right as a â€Å"fundamental† one, being â€Å"broad enough† to cover a womans right to choose whether or not to abort, and only subject to government regulation in the face of some â€Å"compelling† interest of the state ( both the life of the mother and the â€Å"potential life† of the fetus were recognized as â€Å"legitimate† interests). The Court held that State interference in pregnancy is justifiable in the second trimester only to protect maternal health, since at this point; the risks of abortion are greater than those associated with childbirth itself. However, it is only once fetal viability is reached th at the State is granted a â€Å"compelling† interest. At this stage, the complete prohibition of abortion, other than in cases of risk to the expectant mothers health or life, is permissible. The dissenting opinion, given by Justice Rehnquist, however lays down certain criticisms of the judgement. Firstly, that the Court went too far in formulating and applying constitutional rules in terms which were significantly broader than the precise facts of the case warranted. Secondly, the application of the right to privacy in this case was seen as difficult to justify and thirdly, he conceded the applicability of the Fourteenth Amendments Due Process clause to legislations such as the one at hand but goes on to find troubling the Courts â€Å"sweeping invalidation† of restrictions in the first trimester. Further, he stated that the Court had perhaps taken its task too far, leaving the boundaries of judicial judgement and entering onto legislative turf. The resolution of this and other cases by no means signalled the end of the pro-choice journey. As recognized by the courts, safe abortions remain a function of such considerations as race and income. The United States has seen violent attacks against abortion clinics and stigma remains a very real challenge. In spite of it being touted as a landmark judgement, Roe continues to attract criticism from all quarters. Drawing their main premises from the Rehnquist dissent, many, be it proponents or opponents of abortion alike, have questioned the sound basis of the judgement and the consequences of its overly broad and vague contentions[19]. The construction of the doctor-patient relationship and the rights and roles of the two parties (the woman seeking abortion and the medical practitioner) as depicted by the Court was also criticized. There have also been several attempts to overturn the Roe decision. In fact in about a decade leading up to 1992, the United States approached the Court as amicus curiae in five separate cases, to overrule Roe, but the judgment was resoundingly upheld in what would be touted as another landmark: the Planned Parenthood of Southeastern Pennsylvania v. Casey.[20](hereinafter referred to as Casey) The courts decision was given, in this case, by a triad of judges. This case is one among a very small group to hold that distinction. Justices OConnor, Kennedy and Souter, in their joint opinion, had the following to say: â€Å"After considering the fundamental constitutional questions resolved by Roe, principles of institutional integrity, and the rule of stare decisis, we are led to conclude this: the essential holding of Roe v. Wade should be retained and once again reaffirmed.†[21] Casey, as is evident from the above, upheld the fundamental grounds of the majority decision in Roe. It has even been said that the (joint) opinion has definitively and decidedly put all doubts about the â€Å"basic constitutional question of abortionà ¢â‚¬ .[22]After Casey, the constitutional basis of the womans (qualified) right to abort was no longer negotiable, and no likelihood remained of the Court reconsidering or overturning Roe while, for example, in another, earlier case, the consideration of Roes constitutional merits were only left off for another day[23].It must be noted, however, that the judges in Casey made clear that they were by no means offering an unqualified affirmation of Roe. The Court denounced the prescriptive medical trimester system laid down in Roe and, in its place, enunciated the test of â€Å"undue burden†. Under this test, the State may justifiably place regulations on the procurement of abortion pre-viability as well, in furtherance of its interest in the life (or potential life) of the foetus, provided that the regulations imposed lay down no undue burden on the womans right to procure the abortion, if she so chooses. This right exists even in spite of the fact that the States interests we re deemed in Roe to become compelling only in the third, last trimester of pregnancy, when the court could prohibit abortion, other than when the womans life was in danger. The Courts holdings in Casey came in the context of Pennsylvanias state laws which required parental or spousal notification if a woman desired to procure an abortion. The provisions regarding the former were upheld on the grounds that that they did not impose an undue burden on the pregnant woman and her rights, while the latter was declared unconstitutional by the Court. The broad constitutional questions surrounding the abortion having been addressed in Roe and settled in Casey, more specific issues began to appear before the Courts. In Stenberg v. Carhart[24] (hereinafter referred to as Carhart I), at issue was a Nebraska state statute[25] criminalizing the performance of partial-birth abortions, a particular form of abortion in which the living fetus is delivered partially into the vagina, aborted and then delivery is completed. The statute afforded no exception for cases in which the womans life is at risk. Dr. Leroy Carhart, a medical doctor in the state of Nebraska who performed abortions, brought this suit contending that the provisions of the statute violate the US Federal Constitution. The case came in appeal before the Supreme Court. The Court, in its opinion delivered by Justice Breyer on the 28th of June, 2000, found that the statutes were unconstitutional firstly, because the requisite exception in respect of grave risks to maternal life was entirely absent and secondly, because, in its complete restriction of access to a particular method of abortion, the statute was seen to place an undue burden on the womans right to choose abortion itself. The breadth of the judgement spans a consideration of the various abortion methods available, partial birth abortion being only one among them, and the validity of the ban on partial birth abortion under the statute, referring, as the District Court before it had, to medical definition and policy of the American Medical Association. The judgement also contained a further restatement of the Courts as affirmation of the principles in Roe and Casey. The decision in Carhart I derives much of its value from the fact that the substance of the decision invalidated, for all intents and purposes, similar bans which were at the time in force in the majority of US States. But, subsequently, on the 5th of November, 2003 the United States Congress passed the Partial Birth Abortion Ban Act[26](hereinafter referred to as the Partial Birth Act) criminalizing the performance of partial birth abortions. In spite of the decision in Carhart I, this piece of legislation contained, as did the Nebraska statute which was the subject of the dispute, no exception for the health of the woman. It has also been noted that the language of the Partial Birth Act was very similar to the Nebraska statute[27]. The validity of the Partial Birth Act came up for question in yet another case brought to the courts by Dr. Carhart (and others) challenging its constitutional validity and seeking a permanent injunction against its enforcement, this decision we now call Carhart II[28]. In this instance, Carhart II on appeal from the Eighth Circuit Court and another case, also involving US Attorney General Gonzales and the question of the validity of the Partial Birth Act (such cases w ere referred to as â€Å"facial† attacks or challenges to the statute)[29], with specific reference to the requirement of an exception for cases involving maternal health, Gonzales v. Planned Parenthood Federation Of America, Inc.[30], on appeal from the Ninth Circuit, were consolidated and heard by the Court. The case was closely fought, and the opinion deeply divided. With a majority of five as against four,[31] the judgement went in favour of Attorney General Gonzales—the Act was upheld. As in Carhart I, Justice Kennedy in his statement of the Courts opinion for the majority began with an exposition on the various methods of abortion. The plurality opinion in Casey in relation to State interest was resurrected, but Justice Kennedy made a clear distinction: the Act merely regulated one method of abortion. It placed restrictions on the procurement of abortion itself and, therefore: â€Å"The law saves not a single fetus from destruction, for it targets only a method of performing abortion.†[32]The specific statement of the validity of the Act was justified by Justice Kennedy. He held that the Act was â€Å"not void for vagueness, does not impose an undue burden from any over breadth, and is not invalid on its face.†[33] Justice Thomas and Justice Scalia concurred, and the former in his concurrence states, crucially, that: â€Å"I write separately to reiterate my view that the Courts abortion jurisprudence, including Casey and Roe v. Wade, has no basis in the Constitution.†[34] Justice Ginsburg, with whom Justice Stevens, Justice Souter, and Justice Breyer joined, in an emphatic dissent was in her words â€Å"alarmed†[35] by the Courts decision. She further recognised the weight of the precedent which, in upholding the Act, the Court was ignoring and could not find any fathomable justification for the same. Thirdly, she pointed out the Courts complete and unjustifiable terms, which showed no regard for or recognition ,express or implied, of the hitherto firmly entrenched notion of viability and the distinction and consequences of pre- and post-viability abortion decisions. Lastly, she expressed complete disagreement with what amounted to an absolute sanction of federal intervention and legislation contrary to a specialist bodys, the American College of Obstetricians and Gynaecologists (ACOG), professional view that such a procedure was in specific cases required and necessary. Notwithstanding Justice Ginsburgs specific premises of dissent, several others exist. One strong objection to Carhart II is this: Thirty four years after Justice Blackmuns decision in Roe, Justice Kennedys enunciation of the majority opinion in Carhart II marked a return of the Court to its initial stance on the relationship of the woman, vis-à  -vis medical practitioners. The construction of the woman slid from casting her as the primary stakeholder and decision maker as regards termination of pregnancy, as explicitly established in Casey among several other decisions of the Court, to one in which the she acted as her doctor chose. It seems that Carhart II is, by its statements with respect to the womans status and their implications at least, a return to Myra Bradwell[36]-esque rhetoric and reasoning[37], where the womans status and function in society and societal interaction is reduced to a narrow definition, accounting for only her ability to procreate and her role in maternity and child rearing. Another (related) criticism also stems from Justice Kennedys statement as regards the consequences for the prospective mother upon the actual performance of a medical abortion: â€Å"Severe depression and loss of esteem can follow.†[38] No empirical foundation is offered for such an inference; indeed, doubts surrounding the very question of existence of a scientific basis are admitted: the absence of â€Å"reliable data to measure the phenomenon† is explicitly conceded. Roe, since its passage three and a half decades ago, has been a touchstone in the evolution of the body of laws that governed medical termination of pregnancy. Its full scope was whittled down early in its existence, most visibly and explicitly in Casey. But, despite that, its basic premises, its spirit unambiguously prevailed in all of the US Supreme Courts deliberations and pronouncements on the subject. It is a foreseeable consequence, however, that, after Carhart II, movements, especially pro-life advocacy, and their founding impetus will grow in favor of overthrowing Roe or circumventing it, most likely through legislation, as is already beginning to emerge in several US states[39]. The question of whether the vast body of abortion jurisprudence in the United States Courts system will finally at all, let alone conclusively, amount to â€Å"progress† in the field of gender rights and, more particularly, for the cause of female reproductive autonomy has, now, especially aft er Carhart II and Casey taken on a significantly diametric range of possible answers as compared to those that were presumed likely prior to the resolution of these cases. The precise answer is, at this juncture at least, only a product of time. II. FOETAL PAIN LEGISLATION—CONTRACTION OF AUTONOMY FOR PREGNANT WOMEN â€Å"The essence of civilization is this: The strong have a duty to protect the weak. We know that in a culture that does not protect the most dependent, the handicapped, the elderly, the unloved, or simply inconvenient become increasingly vulnerable.† George W. Bush[40] A. A SHORT ANALYSIS OF THE PROVISIONS OF THE UNBORN CHILD PAIN AWARENESS ACT OF 2005 AND THE NEED FOR SUCH A LEGISLATION Though the then Governor Bush who would later become the President of the United States of America was not talking of abortion at all, he was perhaps echoing the sentiments of another President of a by-gone era: Ronald Reagan. The latter in an address had famously said that: â€Å"Medical science doctors confirm that when the lives of the unborn are snuffed out, they often feel pain, pain that is long and agonizing.†[41] With such lofty intentions in mind, to protect the vulnerable perhaps, the Fetal Pain Legislation was introduced in the Senate. The Unborn Child Pain Awareness Act of 2005(hereinafter referred to as the Act) was introduced by Senator Sam Brownback of Kansas in the US Senate on 24th January 2005; being Senate Bill no. 51.[42] This Act aims to punish physicians heavily should they fail to advise women of the potential for fetal pain after 20 weeks gestation.This is done by amending by adding a new chapter titled â€Å"Title XXIX—Unborn Child Pain Awareness† to the Public Health Service Act, first enacted in 1946. There has been a considerable furor over this particular provision in the Act as the medical fraternity is continuously making itself heard that at this stage of gestation, the fetus does not develop the necessary biological mechanism to feel pain as such. Case in point would be a wing of physicians, specialized in embryology and neuro-anatomy, who assert that pain fibers do not start penetrating the cortex before the fetus is 26 weeks old and the sensation of pain would not begin before the 29th week.[43] Nevertheless the Congress ignoring well proven ideas on the same issue, state in the Findings which are a part of the Act that at 20 weeks after fertilization, fetuses have the capability to feel pain and to make the ambit even wider—since the concept of what the fetuses might be ‘feeling might not be ‘pain at all—the Congress in its Findings mentioned that such fetuses might show such stimuli as may be interpreted to show feelings of pain if observed in infants or adults.[44] The requirement of informed consent as laid down is Sec. 2902 of the Act provides for some very stringent and conformist ideas about intimating the pregnant woman regarding the consequences of her action. The provision states the abortion provider or an agent must provide to the pregnant lady with the information that after however many weeks her fetus is into gestation (provided it is more than 20 weeks), such fetus has the necessary physical structures present to feel pain and that such fetus shall feel pain irrespective of whether the pregnant lady has been given pain-averting drugs or general anesthesia. The pregnant lady is to be then given a brochure to be designed by the Department of Health and Human Services and also made to necessarily sign a decision form whereby her decision as to whether or not pain alleviating drugs shall be administered to the fetus directly are recorded for official purposes. This step-by-step method is not only to be compulsorily followed but the pro vision also mentions what the abortion provider or the agent must say in such situations in as many words.[45] The only exception provided to this is in case of Medical Emergencies and such situations which would fall under this exception have also been defined in the Act. As such Medical Emergencies are to mean such situations in the reasonable medical opinion of an abortion provider of imposing a â€Å"serious risk of causing grave and irreversible physical health damage entailing substantial impairment of a major bodily function† if abortion is delayed.[46] Penalties for not substantially following the mandates of these provisions have also been laid down in the Act itself and range from monetary fines to cancelling of licenses.[47] The Act also grants a private right of action to the woman on whom an abortion is performed in violation of the provisions of this Act or her legal guardians in case of an minor or unemancipated woman, to commence a civil action against such ab ortion provider who has acted recklessly or knowingly for actual and punitive damages.[48] If we were to adopt a simple assumption that given a choice between a procedure which would result in inflicting pain upon a fetus and another maybe more expensive procedure which might alleviate the pain a fetus may feel, most women would prefer the latter procedure. If that were to be true, then physicians would regularly administer pain relieving medicines to fetuses as a part of late term abortion procedures. However there is at present no such indication that it happens.[49] Doctors however have been found to routinely providing fetal pain relief drugs quite routinely while performing in-utero surgeries.[50]And here lies precisely the need for a fetal legislation. To explain more elaborately, we can pinpoint the reasons for physicians not administering fetal relief medicines due to broadly three reasons. The first and very pertinent reason would be that physicians do not look at fetuses as their patients and hence do not bother themselves with the problem of alleviating their pain. Secondly, physicians and patients would not be willing to venture into pain relieving methods which would involve higher costs as well as some health risks associated with longer periods of sedation.[51] Also because discussing fetal pain before an abortion might be uncomfortable, even for a physician accustomed to having conversations about sensitive matters with patients, as such abortion has as its purpose the destruction of the fetus, and physicians naturally prefer to discuss matters that patients find reassuring, the default arrangement seems to be that physicians provide no information on fetal pain or fetal pain relief. Thirdly and perhaps a disconnected reason from the other two at that, is the fact that most women did not have enough awareness to realize that there is a possibility, albeit a minor one, that the fetus she is aborting might feel pain during the procedure, much less asking for means to alleviate that pain. However if perhaps women could be provided with the required information that their fetuses may and in all probability do suffer fetal pain while undergoing abortion[52], then they would in most circumstances be persuaded to administer drugs to the fetus. This is assuming that such women would not be indifferent as to whether their fetuses feel pain or not. This would in fact be in line with the testimony of most women who opted for late-term abortions saying that they had to opt for a tragic end to much wanted pregnancies due to other considerations.[53] Even with such factors for women to want administration of pain relieving drugs to the fetus, it has been suggested that they mi ght not be in a position to actively seek out information about the issue of fetal pain, keeping in mind that they have innumerable such considerations clamoring for attention in their minds.[54] Thus legislation requiring the abortion providers to necessarily supply pregnant women of such information and seek their informed consent to administer pain alleviating drugs might right the current skew in the society. B. HOW THE LEGISLATION COULD PASS CONSTITUTIONAL

Wednesday, September 4, 2019

Is globalization to be blamed for child labour

Is globalization to be blamed for child labour This paper addresses an issue that appears to be on the increase worldwide; Child Labour. Recent ILO estimates state that every seventh child in the world is engaged in working activities. Because of their familys financial difficulties these children are forced to give up their future in terms of education, health and leisure. This emphasises the importance to carry out further research and analysis on the phenomenon of child labour as well as come up with effective policy inventions in order to eliminate child labour. According to Basu (1999) designing policies should be based on careful analysis and research instead of underlying emotions or feelings towards child labour. It is extremely important to consider the precise definition of child labour before proceeding. There is immense heterogeneity in defining child labour as different groups view it differently. For example according to Ashagrie (1993) a child is categorised as labourer if the child is economically active. Then again we need to come to an agreement on what age group being a child consists of. Most studies however follow the ILOs convention No.138 and treat a person under 15 years old as a child and estimate child labour by observing economic activity of children under the age of 15. For the purpose of our study we will be looking at children between the ages 0-14. The aim of this paper is to discover the impact globalisation has had and is having on child labour. As globalization is a broad topic, I will be focusing specifically on trade liberalization, which plays an essential role within the globalization process. Liberalised trade had been the engine of capitalistic growth from colonial times; however globalization has led to a change in this pattern. Under colonialism, land conquest operated as a pre-condition and  (foreign) capital and (foreign) labour converged on land to produce goods for trade (e.g. plantation production). But, with globalization, capital is seeking investment outlets globally, where, besides marketing opportunities,  cheap labour is a key determinant. This has resulted in large scale foreign direct investment (FDI) with multi national corporations yielding the necessary structural change. LEDCs are keen to receive FDI and have gone to the extent of creating a suitable environment for such capital overlooking socia l issues.  The policy had been conducive for cheap labour in the form of children and women (e.g. garment industries within the FTZ in Sri Lanka). Economists argue that international trade is beneficial in terms of increasing the income of the country as well as creating job opportunities in the country. It is also one of the important sources of revenue for a developing country. But there is no denying that there may be losers from international trade too; for example the imports of cheap goods produced by low skilled workers may not only reduce the demand for those goods but also reduces employment opportunities for low skilled workers. Although trade can bring some disadvantages to a countrys economy, it is necessary that it does not effect the younger population who will determine the future of the economy. This paper investigates whether trade liberalization increases the incidence of child labour. Since our concern is working children, who are predominant in the developing world, my focus will be on developing countries specifically on India, Pakistan, Bangladesh, Nepal and Sri Lanka. The main reason for why it is interesting to consider these South Asian countries is due to the high proportion (40%) of the worlds child labour emerging from these countries as well as the rapid export growth monitored in these countries. One would expect a positive relationship between trade openness and child labour as more trade means more exports, which in turn means an increase in demand for labour; therefore, children enter the labour market. However this is an extremely generalised statement, the next section presents what the economic theory says about this matter. This study looks at a panel of 50 developing countries over a period of 4 decades to in order to observe the effect of trade on chil d labour. Another reason for the use of panel data is due to the fact that child labour is not a recent issue, it has been happening for several decades now, therefore it is interesting to see if there has been a trend over time. It also makes sense to observe the consequences of globalisation over time as there has been a rapid, continuous progress in information and technology which highly contributes to trade liberalization (Krugman 1995), especially in the 1980s when globalisation got in its stride. In order to test the effect of trade liberalization on child labour, a multiple regression analysis will be carried out using economic activity rate of children between 10-14 as the indicator for child labour and the countrys imports and exports (%GDP) as the measure of trade openness. In addition control variables such as GDP per capita and proportion of children between 0-14 as well as regional dummies are added to the regression. Data are mainly collected from the World Bank and UN common database. The report proceeds as follows. Chapter 2 reviews the theory of trade and how it is likely to affect child labour. The methods used to carry out the empirical analysis along with the description of the data used is described in chapter 3. The results and findings are presented in chapter 4 followed by the conclusions and possible policy recommendations in chapter 5. Theory Parents make the decisions regarding whether to send their children to school; they make these decisions by comparing benefits and costs of education as well the opportunity cost of time spent in education rather than working. Ranjan (1999) says that credit market imperfections are the reason for the existence of borrowing constraints. Therefore when parents cannot borrow against their childrens future earnings, the deep poverty forces them to send their children to work. When the country opens to trade in an unskilled labour abundant country (i.e. developing country) this may affect child labour in two ways. Firstly, the demand effect due to the increase in wage of the unskilled workers which in turn reduces the returns to skilled workers. Looking at it in this perspective makes it more likely that parents would send their children to work rather than to school. Another perspective is that households with unskilled workers become better off as they receive higher wages; therefore th ere is less of a need to send the children to work. The overall outcome will depend on which of these effects dominates (Ranjan 2001). However it is important to note that the impact of trade liberalization on child labour will be varied in different countries depending on the factor endowments of the country. Developing countries are relatively abundant in unskilled labour therefore trade growth may not have a significant impact on child labour. Krueger(1996) says that trade between two countries is determined by comparative advantage. A country has a comparative advantage in producing a good if the opportunity cost of producing that good is smaller in that country compared to other countries. The country with a comparative advantage also uses its resources most efficiently in the production of that good. So for example if developing countries specialize in goods that make use of unskilled labour, more of those goods are produced. The country gains from trade due to its specialization in the products that uses its resources more efficiently. This in turn brings more income to the country which can then be used to buy the goods and services the country desires. Domestic workers also benefit from this as the familys real income increases from producing the good the country specializes in. This theory can be linked with the two possible implications trade has on child labour as discussed by Ranjan; income effect reduces child l abour as the additional income helps parents reduce the work load of their children or the higher income to families may also mean parents would rather send their children to work. However Cigno et al (2002) found a negative relationship between trade and the incidence of child labour in their cross country study. The problems using a cross country study is that data collection methods in different countries may vary; therefore results may be less reliable when comparing. Also cross sectional  studies are carried out at one particular point in time or over a short period of time, therefore its only a snapshot. The results may be different if the study had been carried out in a different period. Findings of Shelbourne (2002) also supports the results derived from the study carried out by Cigno et al. Her reasoning was that the economy expands due to international trade which in turn increases per capita GDP reducing the need for child labourers. This is not necessarily true as an i ncrease in the volume of production within the country might mean there is higher demand for cheap labour in order to maximize profits. The Heckscher-Ohlin theory explains trade through differences in resources. For example let us now take a look at a simple framework where capital and labour are the factors of production. Under this framework a country will have comparative advantage in producing goods which intensively uses the factor with which they are abundantly endowed. According to this theory openness to trade increases demand for the good produced by the abundant factor which indirectly increases the demand for the abundant factor itself. This also increases the price of the abundant factor. In other words, countries that have a relatively high proportion of labour (labour intensive), which are mainly the developing countries will tend to export labour intensive goods and countries which are well endowed in terms of capital will export capital intensive goods. (criticize) Brown (2000) and Dixit (2000) believe that when countries involve in trade the wages are determined by the prices of the products. In conjunction with Heckscher-Ohlins model, this means the increase in price of the export products can actually reduce the incidence of child labour as adult wages rise. However according to Maskus (1997) the demand for child labour depends on the demand for export goods. In other words the higher the demand for export goods the higher the demand for child workers through higher equilibrium wages. His theory, however contradicts with Stolper Samuelsons theorem, which states that the expansion of the export sector increases adult wages and therefore it reduces the supply of child labour. These are two contradicting views as the expansion in the export sector can either increase or decrease child labour. However, all these theories are solely based on income and how child labour is affected due to the income effects triggered by trade. Perhaps other factor s such as poverty and welfare benefits should be taken in to account. It is generally accepted that liberalization under globalization has led to a maldistribution of income, which has created relative poverty. The worst affected has been the LEDCs. It is also true that certain  LEDCs, the least developed ones, are also affected by absolute poverty. When families are threatened to be  below poverty lines, child labour becomes a convenient means to enhance family incomes. Moreover part of the liberalized programme under globalization has been a reduction in welfare activities both in the developing and developed world. World Bank and IMF impose on LDCs welfare reduction as a pre-requisite for capital and any other form of assistance. It has led to privatisation in especially health and education driving a lot of families to lower income levels, eventually, culminating in denial of proper educational facilities  and the creation of child labour. Overall, the review of theory works seems to be more supportive towards a negative relationship between trade openness and child labour mainly due to the positive income effect trade brings to the country. We will now take a look at some empirical evidence to see if they support these theories. Empirical evidence The empirical evidence already found on the relationship between trade openness and child labour does not give us a clear picture. Most cross-sectional studies tend to show a negative relationship between trade improvement and the incidence of child labour. In fact in the panel study carried out by Cigno et al. (2002) there were no significant relationship between the two variables. The overall effect of trade liberalization on child labour seems to differ across countries. Kis-Katos (2007) carried out an empirical study using a panel of 91 countries measuring variables every decade from 1960-2000. However she only included the countries that reported a positive value of child labour; one needs to take into consideration that not all countries let out information about issues such as child labour and also countries tend to underreport work by children, therefore her results may have been different if these secretive countries were also included. She found an overall increase in trade openness over the decades as well as a steady decrease in the incidence of child labour. However the reliability of the data should be taken into account as illegal work or household work carried out by children may not be reported, which affect the reliability of the results. Moreover in developing countries economic censuses are rare and the ILO often makes adjustments such as intrapolating or extrapolating data in order to get estimates. This means the actual values may be over or under estimated than the true value. Cigno et al. (2002) found no empirical evidence that international trade raises child labour. In fact their cross country study shows that trade liberalisation actually decreases child labour. One of the indicators they used to measure child labour was primary school non-attendance rate. It is important to note that child not attending school does not necessarily mean the child is engaging in economic activity. It may for example be the case that the family cannot afford to send the child to school or even that the child has health problems. Therefore using primary school non attendance rate is not as appropriate as an indicator. The other indicator used was economic activity of children between ages 10-14, which clearly excludes children younger the 10 who are more of a cause of concern. However considering there are only limited data available on child labour, these indicators do give us a broad brush picture of the evolution of child labour. Issues with the reliability of data are the same as those discussed for Kis-Katoss empirical study above. As we have seen, most of the empirical findings are consistent with the theoretical considerations we discussed previously. In other words empirical work carried out so far mainly find a negative relationship between trade openness and child labour supporting most of the theories. Methodology Our empirical work is aimed at understanding whether the panel data evidence suggests a link between trade and child labour and whether there is any evidence to support our hypothesis of trade liberalization exerting an upward pressure of child labour. Data and variables In order to address the research question which is to observe whether trade liberalization increases child labour, a panel of 50 developing countries are used, where the variables are measured every ten years between 1960-2000. The focus of the regression is to observe child labour over time keeping in mind the current wave of globalisation progressed rapidly around the 1980s. However by looking at the data it is important to note that not all countries have experienced an increase in trade over each decade. There are a total of 250 observations for each variable considered over the years 1960, 1970, 1980, 1990 and 2000. A panel data method has been carried out for this analysis for several reasons. Firstly the use of panel data increases the number of observations. For example in our case using data over 5 different time periods has increased the sample size by 5 times which will help increase the precision of the regression estimates. It also increases the degrees of freedom and reduces the collinearity among explanatory variables, again increasing the precision of the estimates. Moreover it allows us to analyse important economic questions which cannot be addressed using cross sectional analysis alone. For example in our case using a cross sectional analysis will not be appropriate as we are interested in observing a trend over time. Data was taken from the World Bank development indicators (reference) and the United Nation common database. The dependent variable used is the economic activity rate of children between the ages 10-14 taken from the ILO estimates. Using this variable as an indicator for child labour has two main problems. Firstly children under the age of 10 who may be involved in child labour are excluded. Secondly this indicator does not include children working within the household, or children involved in illegal work such as prostitution. In developing countries economic censuses are rare and the ILO often makes adjustments such as intrapolating or extrapolating data in order to get estimates. This means the actual values may be over or under estimated than the true value, which also have an impact on the results. However considering the lack of data available on child labour and comparing with other indicators present, this indicator serves best available proxy for measuring child labour. As we are looking at the impact of trade on child labour the main explanatory variable used in our analysis is trade (% GDP). The trade variable gives the sum of exports and imports of goods and services measured as a share of gross domestic product. In addition to this two other control variables have been included. The control variables are GDP per capita growth (%) and the age group 0-14 as a percentage of the whole population. The reason for the use of control variables is to see if there is actually a relationship between trade and child labour given that these control variables which also affect the dependent variable are kept constant. It would have been desirable to control for variables such as poverty and differences in income distribution, but the data available was not sufficiently consistent across the countries and years we are considering. GDP per capita is used as a control variable because it controls for average income effects caused by trade liberalization. As we mentioned earlier increase in trade means countries gain new production opportunities which in turn increases GDP per capita. This positive income effect is most likely to reduce child labour. Therefore it is essential to control this variable. The other control variable used is age group 0-14 as a percentage of the whole population. This variable allows us to observe whether the increase in number of children in that given age group over the years affects child labour. The notion behind this is that the larger the families the higher the demand for income therefore a higher chance of children entering the labour force. As my main focus is on South Asian countries a regional dummy variable has been added to the regression which takes a value of 1 if the country is in South Asia and a value of 0 if not. This regional dummy helps to capture the change in child labour in the south Asian countries which is known to have a high prevalence of child labour. Results By looking at the data for every 10 years from 1960 to 2000, we can see a general increase in trade openness over time as well as a steady decrease in economic activity rates. We begin our analysis by considering the association between volume of trade (openness) and child labour for the years 1960, 1980 and 2000. This allows us to have a rough overview of how the relationship has changed (if any) before and after globalisation (considering globalisation occurred around the 1980s). 1980 This figure shows a scatter plot of the data for 1980 for the variables trade and child labour. A point on this scatter plot represents the volume of trade in 1980 and the economic activity rate of children between 10-14 in 1980 for a given country. The OLS regression line obtained by regressing these two variables is also plotted on the figure, which shows a slightly negative relationship; the estimated regression line is: CL = 26.6601794934 0.0149024702066*TRADE (1980 data) Because we have data for more than one year, we can re-examine this relation for another year. The scatter plots for the years 1960 and 2000 are given below. CL = 36.3205247048 0.119594768169*TRADE (1960 data) CL = 26.0540622351 0.109873185356*TRADE (2000 data) All three scatter plots show a negative relation between trade and child labour although year 2000 has the highest coefficient on trade implying that the reduction in child labour was greater in the year 2000 compared to 1960 and 1980. Keeping in mind that globalization took its stride in the 1980s, these scatter plots show that globalization has in fact reduced child labour further. However these plots only show what happened in that specific year, there may have been fluctuations between the years (i.e between 1980 and 1990) and also we cannot tell the trend over time using these individual plots. A better way of estimating the relationship is a regression approach that takes into account both the time and the cross section. Estimation strategy The estimation equation is of the following form: CLit = f( Tradeit, GDPit, Population 0-14it, Regional dummy for South Asiait), Where i= country x and t= time (decade t). More formally: Yit = ÃŽÂ ²1i + ÃŽÂ ²2X2it + ÃŽÂ ²3X3it + ÃŽÂ ²4X4it + ÃŽÂ ´(SAit) + ÃŽÂ µit. The anticipated signs of the coefficients: The coefficient of trade (ÃŽÂ ²2) which is what we are most interested in could either be positive or negative, although according to theory it is most likely to be negative. Coefficient of GDP (ÃŽÂ ²3) is expected to be negative as the higher the GDP per capita the lower the incidence of child labour due to the positive income effect. The coefficient of the number of children aged 0-14 (ÃŽÂ ²4) is expected to be positive as the larger the number of children per family the higher the demand for income in order to support the family. As south Asia has a high incidence of child labour, the coefficient of the dummy variable is expected to be positive and large. Dependent Variable: CL Method: Panel Least Squares Date: 03/21/10 Time: 16:24 Sample: 1 5 Periods included: 5 Cross-sections included: 50 Total panel (balanced) observations: 250 Variable Coefficient Std. Error t-Statistic Prob.  Ã‚   C -1.326061 7.182926 -0.184613 0.8537 TRADE -0.103054 0.031110 -3.312572 0.0011 GDP -0.448464 0.186588 -2.403504 0.0170 POP 0.778480 0.163337 4.766091 0.0000 SA 6.023961 3.378131 1.783223 0.0758 R-squared 0.149969   Ã‚  Ã‚  Ã‚  Mean dependent var 25.40160 Adjusted R-squared 0.136091   Ã‚  Ã‚  Ã‚  S.D. dependent var 15.99024 S.E. of regression 14.86241   Ã‚  Ã‚  Ã‚  Akaike info criterion 8.255344 Sum squared resid 54118.32   Ã‚  Ã‚  Ã‚  Schwarz criterion 8.325773 Log likelihood -1026.918   Ã‚  Ã‚  Ã‚  Hannan-Quinn criter. 8.283690 F-statistic 10.80618   Ã‚  Ã‚  Ã‚  Durbin-Watson stat 0.152585 Prob(F-statistic) 0.000000 CL = -1.32606116682 0.103053628312*TRADE 0.448464386734*GDP + 0.778479521915*POP + 6.0239606613*SA The results show the coefficients of ÃŽÂ ²2, ÃŽÂ ²3, ÃŽÂ ²4 are as expected. For a given country i, when trade liberalization varies across time by one unit, child labour decreases by 0.103 units. Similarly when GDP and population vary across time by one unit child labour decreases by 0.448 and increases by 0.778 respectively. Looking at the results it is clear that trade liberalization does not have much of an impact on child labour as indicated by a very small coefficient, which we may even interpret as there being no impact of trade on child labour. It is important to note that being a South Asian country is associated with child labour that is 6.02 units higher, everything else held constant. This was also expected as we found out earlier that a large proportion of child labour comes from South Asian countries. Our previous theory discussion implied that the relationship between openness and child labour could be either positive or negative. Our results suggest that grea ter openness is associated with slightly less child labour or even no effect on child labour. In order to test the significance of the coefficients, t-tests have been carried for each variable: Trade: H0: ÃŽÂ ²2 à ¢Ã¢â‚¬ °Ã‚ ¥ 0 (there is no relationship or a positive relationship between trade openness and child labour) H1: ÃŽÂ ²2 t = b2 = -3.313 se(b2) Under the 5% significance level the critical t-value is t(0.05,246) = -1.651. Since -3.313 GDP: H0: ÃŽÂ ²3 à ¢Ã¢â‚¬ °Ã‚ ¥ 0 (there is no relationship or a positive relationship between GDP and child labour) H1: ÃŽÂ ²3 t = b3 = -2.404 se(b3) Since -2.404 Number of children between 0-14: H0: ÃŽÂ ²4 = 0 (there is no relationship between number of children and child labour) H1: ÃŽÂ ²4 à ¢Ã¢â‚¬ °Ã‚   0 (there is a negative relationship between number of children and child labour) t = b4 = 4.77 se(b4) Since 4.77 > 1.651 we do not reject H0. In this case there is insufficient evidence in our sample to conclude that there is a relationship between number of children between 0-14 and child labour. Therefore we cannot be confident that this variable is actually has an impact on child labour. Perhaps further research into this will be useful. Estimating the regression excluding the population variable yields similar coefficients for the trade and GDP variables however the dummy variable for south Asia has a much smaller coefficient compared to when population was included. This shows that population is an important variable when considering South Asian countries and excluding it leads to an omitted variable bias especially when south Asian countries are involved. This is true as countries like India have a very large population therefore the proportion of children between 0-14 is likely to be high. As discussed earlier large number of children per household means extra income is required to support the family, which may lead to a necessity for children to work. Although population is an important variable, regressing it with child labour may not yield extremely reliable results in our case. This is because we are only taking into account children between the ages 10-14 as a measure of child labour, which is excluding the age group 0-9, whereas the population variables includes all ages between 0-14. This implies that the coefficient is likely to be much higher if we were to include economic activity rate of children between 0-14 as our dependent variable, which was not possible due to limited availability of data. This may be a reason why the coefficient of the population variable was insignificant as we found when carrying out the t-test. These results interpreted above however did not control for the characteristics of the countries. Fixed effect approach An advantage of panel data is that we are able to hold constant individual differences which allow us to focus on marginal effects of the independent variables considered. It is reasonable to into include the fixed effects model in our analysis as the data complies with the 2 basic requirements of using the fixed effects model; firstly dependent variable must be measured for each country for at least 2 periods and secondly the independent variable must change in value across the periods. There is no need to add the dummy variable in this case as the fixed effects are already controlling for location. Having the cross section as fixed yield the following results: As we can see from the table the coefficient of trade is more or less the same as before, however GDP now has a slightly positive coefficient. The regression R2 jumps from 0.0705 to 0.9097 when fixed effects are included. This shows that the country fixed effects account for a large amount of variation in the data. Although fixed effect approach has an attractive feature that allows controlling for the variables that have not or cannot be measured, they only take into account within country differences discarding any information about differences between countries. An F-test can be carried out to see if there is individual differences and it if is important to include cross section fixed effects in the model. Ho: ÃŽÂ ²11=ÃŽÂ ²12=ÃŽÂ ²13à ¢Ã¢â€š ¬Ã‚ ¦. =ÃŽÂ ²1N (no fixed effect differences) H1: the ÃŽÂ ²1i are not all equal F = (SSER SSEU) /J = 38.63 SSEU/(NT-N-(K-1)) Where the degrees of freedom J = N-1 = 50-1 = 49 and NT-N-(K-1) = (50x 5)-50-(3-1) = 198. Under the 5% significant level the critical value is Fc = 1.419 We reject Ho if F à ¢Ã¢â‚¬ °Ã‚ ¥ Fc, since 38.63 à ¢Ã¢â‚¬ °Ã‚ ¥1.419 we reject the null hypothesis of no fixed effect differences between these countries, therefore it is good to include fixed effects in the model. Overall, changes in trade over the decades had no impact or very little (decrease) effect on child labour. The other explanatory variables GDP and population also had the expected signs on the coefficients although under the fixed effects GDP had a small but positive coefficient. (what does this mean?) These finding are consistent with the theory we discussed previously. Policy interventions What can the Government do to reduce child labour? Some of the previous studies carried out on this topic have mainly mentioned improvements in schooling facilities as one of the main policy recommendations for combating child labour. For example Basu (0000) says that availability of good schools and provision of free meals for the children would be a way to reduce the number of children working. However, developing countries are generally poorer due to the lack of funds; therefore it may not be feasible to invest a lot on schooling. Moreover, attending school is only going to decrease full time work, whereas children could still be involved in part-time work after school. This shows that it is very difficult to abolish child labour completely by changes in schooling policy. Basu also mentions that a total ban on child labour may be a better option as a large scale of withdrawa

Shakespeares Othello - Abnormal Psychology and Iago Essay -- Othello

Abnormal Psychology and Iago in Othello  Ã‚        Ã‚  Ã‚   When the Bard of Avon created the evil Iago in the tragedy Othello, he entered into the area of irrational behavior and abnormal psychology. This essay will examine this branch of science as it relates to the play.    David Bevington in William Shakespeare: Four Tragedies describes the irrationality and self-destructiveness of the ancient’s behavior:    Emilia understands that jealousy is not a rational affliction but a self-induced disease of the mind. Jealous persons, she tells Desdemona, â€Å"are not ever jealous for the cause, / But jealous for they’re jealous. It is a monster / Begot upon itself, born on itself† (3.4.161 – 163). Iago’s own testimonial bears this out, for his jealousy is at once wholly irrational and agonizingly self-destructive. â€Å"I do suspect the lusty Moor / Hath leaped into my seat, the thought thereof / Doth , like a poisonous mineral, gnaw my innards† (2.1.296 – 298). (223)    Blanche Coles in Shakespeare’s Four Giants affirms the Bard’s commitment to abnormal psychology, and his employment of same in this play:    That Shakespeare was keenly interested in the study of the abnormal mind is commonly accepted among students. [. . .] The suggestion that Iago may have been intentionally drawn as a psychopathic personality is not new. [. . .] Even a casual scrutiny of a book on case histories of psychopathic patients will find Iago peeping out from many of its pages. Still more, Iago’s name will be found appearing occasionally in bold print in books on abnormal psychology.(89-90)    Evidence of his psychopathic personality is seen early in the play. He manipulates the wealthy Roderigo into awakening the senator Brabantio (â€Å"Ro... ...hall ne'er look back, ne'er ebb to humble love,   Ã‚  Ã‚  Ã‚   Till that a capable and wide revenge   Ã‚  Ã‚  Ã‚   Swallow them up. (3.3)    Iago is so in control of the general’s contorted mind that he specifies how the Moor should kill Desdemona: â€Å"Strangle her in her bed, even the bed she hath contaminated.† And the general dutifully responds, â€Å"Excellent good!† The enthusiastic answer causes one to suspect that the ancient’s psychopathology has taken possession of the Moor.    WORKS CITED    Bevington, David, ed. William Shakespeare: Four Tragedies. New York: Bantam Books, 1980.    Coles, Blanche. Shakespeare’s Four Giants. Rindge, New Hampshire: Richard Smith Publisher, 1957.    Shakespeare, William. Othello. In The Electric Shakespeare. Princeton University. 1996. http://www.eiu.edu/~multilit/studyabroad/othello/othello_all.html No line nos.

Tuesday, September 3, 2019

Argument in Favor of Euthanasia Essay -- Euthanasia, Argumentative Ess

Debate about the morality and legality of voluntary euthanasia has been a phenomenon since the second half of the 20th century. The ancient Greeks and Romans did not believe that life needed to be preserved at any cost and were tolerant of suicide in cases where no relief could be offered to the dying or when a person no longer cared for their life (Young). In the 4th century BC, the Hippocratic Oath was written by Hippocrates, the father of medicine. One part of the Oath states, â€Å"I will not give a lethal drug to anyone if I am asked, nor will I advise such a plan; and similarly I will not give a woman a pessary to cause and abortion† (Brock). For 2,400 years, physicians made these solemn promises. Until very recently the Hippocratic Oath was taken by all new physicians. It was a rite of passage. It has only been the last 100 years that there have been concerted efforts to make legal provision for voluntary euthanasia. The word â€Å"euthanasia† comes from two Gree k words, â€Å"eu† meaning good or easy and â€Å"thanatos† meaning death (all.org). Traditionally, euthanasia meant painless death or death without suffering. Today, the term has many names, the main one being mercy killing. Assisted suicide has been legally tolerated in Switzerland for many years (Kimsma). In the 1970-1980’s a series of court cases in the Netherlands culminated in an agreement between the legal and medical authorities to ensure that no physician would be prosecuted for assisting a patient to die as long as certain guidelines were strictly met. In brief, the guidelines were established to permit physicians to practice voluntary euthanasia in those instances in which a competent patient had made a voluntary and informed decision to die, the patient's suffering was unbe... ...ck. Life choices: a Hastings Center introduction to bioethics. Washington, DC: Georgetown University Press, 1995. 537. Print. Jotkowitz, Alan, S. Glick, and B Gesundheit. "A Case Against Justified Non-Voluntary Active Euthanasia (The Groningen Protocol)." American Journal of Bioethics 8.11 (2008): 23-26. Web. 30 March 2011. Keown, John. Euthanasia Examined: Ethical, Clinical, and Legal Perspectives. Cambridge, New York: Cambridge University Press, 1995. 340. Print. Kimsma, Gerrit, and Evert van Leeuwen. Asking to Die: Inside the Dutch Debate about Euthanasia. New York, NY: Kluwer Academic Publishers, 2002. 35-70. Print. McCuen, Gary. Doctor assisted suicide and the euthanasia movement. Revised Ed. Hudson, Wisconsin: G.E. McCuen Publications, 1999. 152. Print. Young, Robert. "Voluntary Euthanasia." Stanford Encyclopedia of Philosophy. Fall 2010 Edition. 2010. Web.

Monday, September 2, 2019

Discrimination of black people and white people Essay

This story, Black Boy is a great book that describes how the author, Richard Wright, suffered in the South of the United States during the time when there was still a lot of discrimination throughout the country. Since the author explained many of his horrible experiences in the past, this book cannot be written in a thin book. This thick book is full of his great experiences that wanted to be read by many people in the world in order to let everybody know the disasters of racism. This racism affected Richard Write a lot and he had to adapt to the environment that he was in, although he didn’t know how he should act in front of white people in the beginning of the story. There are not many examples in the beginning of the story since Richard was a little boy, and he still didn’t know about racism. He did know that something was different between black and whites, but he wasn’t able to understand it since he was too young. He even talks to himself in Pg. 49 that â€Å"I had heard that colored people were killed and beaten, but so far it all had seemed remote. There was, of course, a vague uneasiness about it all, but I would be able to handle that when I came to it. It would be simple. If anybody tried to kill me, then I would kill them first. † After this, he realized the harshness of racism around his society when Uncle Hoskins got shot by a white man when he was at the saloon. And the reason is just because a black man was earning a lot of money and the white man became jealous. Also after this scene, there is an another example in Pg. 172 where he met his classmate, Ned Greenley who had lost his brother since the whites shot him for a specific reason. Ned said, â€Å"Th-they said he was fooling with a white prostitute there in the hotel. † Richard was shocked since he could be in those kinds of situations at any time. Richards starts to think of really going to North soon as possible now. In Chapter nine, there is a scene that is really harsh where Richard sees it, but could do nothing. This scene is at the clothing store for black people where Richard worked. The black employees were treated like slaves in the store; the white owners would push, kick, or slap the blacks. Although Richard saw this scene many times, he never got used to it. Another big thing is the time when Richard sees a black woman getting raped by two white men. This is a part from the book that describes how evil this time of period was. On Pg. 179, it says, â€Å"White people passed and looked on without expression. A white policeman watched from the corner, twirling his night stick; but he made no move. I watched out of the corner of my eyes, but I never slackened the strokes of my chamois upon the brass. After a moment or two I heard shrill screams coming from the rear room of the store; later the woman stumbled out, bleeding, crying, holding her stomach, her clothing torn. When she reached the sidewalk, the policeman met her, grabbed her, accused her of being drunk, called a patrol wagon and carted her away. † When I read this scene, it really hurt my heart. I couldn’t believe that the police didn’t do anything at all and although the policeman knew that the black woman was raped, he accused her of being drunken. Richard could have thought of saving the woman, but if he did something to the whites, he could be killed. Therefore, Richard wasn’t able to do anything. All he could do was to feel sorry for the lady. This doesn’t mean that Richard didn’t worry about the woman, it was the way how he had to act in the South. After Richard realizes the social cycle between the whites and the blacks at his work place, he sacrifices his morals to save more money. He begins to bootleg liquor to sell to white prostitutes in the hotel that he worked at. After that, he involves in a ring for scamming tickets. Then, he quickly amasses enough money to move out to the North. Although Richard was working earnest, he quits it because it was very hard to collect money if he had worked earnestly. Since Richard Write had an experience that he does not want to experience anymore, he was able to write this book, which would tell all the readers that discrimination or racism is not a good thing to do. He explained how he had to act as a black man; if he didn’t act like a black man, he might have not gotten the chance of writing this book. Richard Write had explained how blacks should act as a black, and although many horrible things were occurring around him, he wasn’t able to change it since he was just a black man. I feel that Richard really wanted to resist against the white men but if he did, he knew that he was going to be dead. Although in the beginning of the story, he said that, â€Å"If anybody tried to kill me, then I would kill them first†, as a result he wasn’t able to disobey the whites because he was scared of death. Since he was able to adapt to the society that he was in, he was able to earn money and was able to go to the North to have a better life.

Sunday, September 1, 2019

Patriarchal (sexist) society oppresses women: Women sexuality is marginalized

Abstract The Oedipus complex is a name coined from the notorious Kind Oedipus, a Greek legend, who kills his father so that he can marry his mother. The term denotes the notions and emotions that the mind keeps in the unconscious condition, through the dynamic repression that concentrates on the desire of a child to sexually possess the parent. This paper describes the Oedipus complex in detail and discusses how the beliefs influence women by discussing how the sexist society oppresses women. A summative paragraph is then provided to offer an overview of the discussions. Introduction The Oedipus complex gets its name from notorious Kind Oedipus, a Greek legend, who terminates the life of his father so that he can marry his mother. This is an act of incestuous ferocity that is predicted that he would commit by an oracle early in his life. Frightened, he tries to use everything at his disposal to run away from his destiny, but he unavoidable fails and consequently tears his eyes out, and then blinds himself the despicable actions he had committed. Freud adopts the Kind Oedipus’ Greek Legend to illustrate the perverse bond that children of opposite sex and their parents take part. Fortifying the early children’s developmental years, positive passage through the period can be determined by whether the risk of castration encourages or enhances the formation of the conscience of a child and hence entrance into the consequent ‘period of latency.’ All these stages of development have varying and inexplicable effects on the psychological develop ment of a person. A critical point of view consists just in perceiving the Oedipus Complex as the focal point or hinge of humanization, as a change or development from the natural life register to a cultural one of group exchange and thus of legislations, organizations and symbols. However, Freud brings about the irony that due to the lack of penis, the risk of castration does not hurt a young girl to the same level as a male child and hence the formation of the conscience is frail (Bloom, 2003). Influence on women There is no doubt that Freud is the most popular individual in the history of psychology. The theories that he created have influenced the field of psychology and are still influential even at present. Despite his several influential and important contributions to the field of psychology, his theories have faced several criticisms. One of the major criticisms is his views on women, or, more accurately, the huge gap in his theories about women (Gregory, 2005, p.68). In Freud’s early theories, he extended his beliefs of male sexuality to the women, regarding women as just men who lack penises. His male view of sexuality is comprehensible, even though problematic, since it marginalizes female sexuality. According to the theory, female sexuality is exactly the same as the male sexuality until they reach the phallic phase of psychological development, as the women do not have penis. However, they experience the envy of penis, which is the possessiveness that young girls feel toward s their male counterparts and the hatred towards their mothers, to whom they lay their blame for lack of penis (Gregory, 2005, p.74). Although he did not suggest the ‘Electra complex,’ it is possible to infer it from his theories that young girls shift their attractions to their fathers from their mothers in trying to obtain a penis. Since they are female, they are not in a position of identifying with their father, and then they come to the realization that gaining a penis is an impossibility, they decide to have children. Freud, just as the early sexologists regarded women as sexually passive, where they only have sex for the purposes of having children. Since they lack a penis, they come to assume that they lost theirs, and then have male children in trying to obtain a penis. In women, penis envy is an issue that Freud thought could never be resolved completely, hence condemning all of them to the underdeveloped conscience, meaning that they will always be inferior t o men morally (Gregory, 2005, p.76). According to Freud, men are able to have conscience that is fully developed. For an individual who has his theories focused on the subject of sex, he appeared satisfied to remain deliberately ignorant of the female sexuality and the way it might differ from that of the males. The views of Freud on female sexuality and women were plainly phallic-focuses, which made his research and exploration into the sexuality of females very limited. It is very interesting to note that despite the fact that he worked with is theories on the sexuality of females remained limited and focused on males. He was also not left out by the general sexism of the period, stating that the sexual life, in men alone is accessible to investigation, while it is veiled in the impermeable darkness, in the women, partly as a result of the cultural stunting and on the traditional reticence and untruthfulness of women’s account (Gregory, 2005, p.79). It appears troublesome t o dismiss the women together with their sexuality in such a manner not only because Freud treated several women, but because his beliefs still exist today, and continue to influence sexologists and psychologists in the same way. Freud creates a paradigm in which the lack of a penis and the discovery of this fact plague a little girl in her youth, who views this absence as a weakness to the opposite sex. Freud, (3) explains that in trying to justify this absence, a little girl clarifies it by having an assumption that at one time she was having an equally large organ on her body, which she lost through castration. She goes further to claim that she will be able to acquire just as big organ as the one possessed by the boys when she grows older. She eventually adopts the mother’s attributes and ends a strong desire and lust for her father, with the hope of having her own child ne day to compensate for lack of a large organ as the one that boys possess (Glen, 2010, p. 66). In add ition, Freud argues that a little girl is spared the cruel awakening, since it is not a social taboo for a girl to have a flirtatious yet less harmful connection with the father. Similarly, being the father’s favorite girl can be a long lasting relationship, as it is not necessarily regarded as improper. Due to the benevolent and kind nature of this experience, she is starved of the reconciliation with the social taboo and as a result renders the woman morally weaker as her conscience will never be as strong as that of a man (Anouchka, 2010, p.123). In cases where mutual idealization and insensible shame have played a significant role in a marriage relationship, if it ends, the couples usually appear to fight each other to find who will win or lose the battle. They usually enlist their children’s loyalty against each other. The one that will succeed in turning the children against the other will always proclaim victory over the former partner. This is a heartbreaking c ase of the narcissistic requirements of that particular parent overriding their concern for the wellbeing of the children; that is the wish to revenge on the former partner forces them to sacrifice the fundamental needs of the children for a good and smooth relationship with both of them. This is a dynamic that usually damage the children, even though it can be particularly harmful when it is added to the dynamic of Oedipus complex; this complex in such situations mostly influences women. For instance, here is a case that may be common to many individuals. It will be described in relation to the mothers who are divorced and their male children. In instances where the infidelity of the father caused the separation, the former wife might always have formal grounds or reasons to be angry, however, that would not be a justification to the type of tragic narcissistic behavior that is sometimes experienced (Glen, 2010, p. 67). `The claim that Oedipus complex as it is perceived classically and applied in the practice of psychoanalysis comes from the situation of males both in the mythic expression and in its clinical extensions. However, it is a critical flow from the female experience’s point of view. When the Oedipus complex is applied to females, male desire and rivalry mediate it, and then clumsily appended to the development of female. The phallocentrism that is most clearly expressed by the declaration by Freud that the young girl is a young man (p118) has left its traces all through the vocabulary of the theories of psychoanalysis of development and no other place as evident as in the discussions about the female Oedipus complex. Expectations and perceptions are shaped by language; that is, it organizes reasoning. When thinking about Oedipus, people think about ‘penis envy’ and ‘castration,’ but not about vagina or pregnancy. When talking about the stage of ‘phallic-Oedipal’ in the young girls, people distract them selves from the critical development need of the young girls to identify with the mother. The female triadic condition does not have its individual name, but rather floats like an incomprehensible ‘something that is not nothing’s’ signifier (Rosman, Paula, Rubel, and Maxine, 2009, p.152). If a father gives a loving affection to the daughter, the little girl will be able to grow up more smarter and successful. She will also be les nervous, less immoral and also less likely to be a user of drugs. From the girl’s early years, they expect their fathers to provide love, reassurance and admiration. The response of a father greatly influences the ability of the daughter to have positive relationships and trust other men. The level of self-esteem of a girl is influenced to a great deal by the relationship with her father. So, what happens when there are no fathersOr even they become too busy to have time for their daughtersBetween the ages of three and eight, the young girl naturally abandons their attachment to their mothers and turn to the father. This is comparable to the Oedipus complex, which is used in the description of the competition between a girl and a mother to have the affection and love of the father (Butler, 2014, p.35-90). It is part of a normal phase in the development of a girl. The changing of family configurations, where there are more relationship or marriage breakups than ever experienced before, has hampered normal development of a girl. About forty to fifty percent of first marriages break up after a short period of stay, which leads to more single parents. Whether the Oedipus complex actually exists or not is a subject to debate among academicians, but what appears to be clear is that the attachment of the girl to her father or mother is determined by the situational or cultural factors. The quality of attachments as such shapes the personality and results of the girl. Characteristically, the girl should have been gi ven a clear directive by the father such as she should not order her father around or that she is supposed to shoe kindness to her mother and even love her (Lacan, 2012, p.97). Without having to force the situation too much, it is apparent that there would have been restoration of the ‘order’ and the young girl could have known that the parents work together in a learning enterprise that includes boundaries and respect. Some men wrongly think that their wives are supposed to treat them just like their daughters, as ‘perfect heroes.’ They please and obey their daughters so that they cannot lose their respect. Early experiences shape the lives of individuals. Denial, abandonment and rejection in the people’s childhood might force them into a long lasting quest for healing their wounds. However, deficiencies in parenting also make a big score. Conclusion Freud’s beliefs in the psychoanalysis are greatly biased towards women as it views women as sexually passive, who just engage in it to have children. His view in Oedipus complex greatly influences the development of females in the way they live, as when it is applied to females, male desire and rivalry mediate it, and then clumsily appended to their development. Even the young girl is not fair to her mother whom she blames for her lack of a penis, thus the hatred. The beliefs are centered on males where it is believed the development of a female to a responsible and respectable person is associated with the father, as that is where they draw their inspiration, and that is why a young girl tends to fight off her mother in order to take her position as the father’s favorite. The changing of family configurations, where there are more divorces than ever experienced before, has hampers normal development of a girl. References Anouchka G, 2010, No More Silly Love Songs. London, p. 123 Bloom H, 2003, Sophocles. New York: Chelsea House. Butler, J. 2014, Undoing Gender. London, England: Routledge: p 35-90. Glen O. G, 2010, Long-Term Psychodynamic Psychotherapy, London. p. 67. Gregory, J, 2005, A Companion to Greek Tragedy, Oxford. Lacan, J. 2012, Ecrits: A Selection, trans. Bruce Fink. New York: Northon: p 97. Rosman, Paula G. Rubel, Maxine W, 2009, The Tapestry of Culture: An Introduction to Cultural Anthropology, Ninth Edition, Abraham, AltaMira Press, p. 101. Freud S, 1965, The Interpretation of Dreams Chapter V â€Å"The Material and Sources of Dreams† New York: Avon Books. Ian C, and Allen, A, 2005, A Guide to Greek Drama. London: Blackwell.