Human Rights and Communication Essay - 853 Words

CU2650 Support Individuals with Specific Communication Needs 1 1.1 Every individual has a right to communication and we are governed by standards and codes of practice to ensure that these needs are met. Communication is a basic human right, without communication the individual is unable to realise or exercise their rights. Under the human rights act 1998 all people have the right to ‘freedom of expression’. 1.2 When working with service users who have specific communication needs it is important to have a good understanding of what their needs are, so they can be supported and encouraged in everyday activities. If I didn’t understand their specific communication needs, I would not be able to communicate fully with the†¦show more content†¦Some forms of communication aids are listed below:- Augmentative and alternative communication (AAC) most of us use this form one way or another every day without thinking about it. Objects, photographs, symbols Hearing aids British sign language (BSL) Makaton, which is used to help those who have difficulty in forming words Braille Picture exchange communication systems (PECS) Pen and paper Touch Translator Interpreters 1.6 When having difficulties in expressing yourself it can lead to becoming distressed and agitated, without the right communication aids to help their needs they may become depressed, isolated and withdrawn, which can change their behaviour to frustration, violence and acts of anger. Some people may give up trying to communicate altogether which can end up having their rights denied as they weren’t given the right communication aids, support or listened to in the first place. 2 2.3 It is important to access information for specific communication needs so that you can support the person in the best possible way. In my work setting before the service users arrive we are sent a care plan of the needs they may have, if they use any communication aids, I will then talk to the individual to try and get any extra information, also talking to the family/carers, friends and other professionals involved in their care. Internet can be useful when you are unsure of a certain illness, disability orShow MoreRelatedHuman Resources Management Is Where Everything Begins And Ends For An Individual Organization819 Words   |  4 PagesHuman resources management is where everything begins and ends for an individual an organization. It’s where the total processes are created and initiated. Examples of these processes are: planning, communication, motivation, code of ethics, decisions, forecasting, total compensation, diversity, discrimination, records, rights protection, leadership, career development, training, hiring, performance appraisal, equal employment opportunity, empowerment, promotion, recruitment. 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Basic Concepts in the Law of Contracts Free Essays

LGST 612 Prof. Kevin Werbach BASIC CONCEPTS IN THE LAW OF CONTRACTS Contracts are essential to business. They are a legal mechanism used in every industry and every part of the world to structure relationships among firms, and with customers, partners, and suppliers. We will write a custom essay sample on Basic Concepts in the Law of Contracts or any similar topic only for you Order Now Over several centuries, the law governing contracts has developed a large number of doctrines. Most are consistent with common sense, but unless you know what the rules are, you can easily make a mistake. This document introduces the fundamentals of contract law most relevant to businesspeople. Important legal terms are italicized. What is a Contract? And what is Contract Law? Legally, a contract is a set of promises that the law will enforce. We make promises all the time. Only some of them – the ones that meet the contract formation requirements listed below – are legally enforceable. That means the legal system, in the form of courts, can step in to order some action or payment for violation of the contract. Contracts are therefore private deals with the possibility of public (governmental) enforcement. Of course, there are many reasons to fulfill promises other than legal obligations. Reneging on promises may be unethical, or may result in a loss of goodwill or reputation as costly or more so than anything a court can impose. The general principles of contract law are fairly universal around the world. However, specific rules vary from country to country. In common law countries such as the United States and Great Britain, most of the legal doctrines governing contracts have been developed by courts over the centuries. In civil law countries such as those in Continental Europe, most of the terms of contract law are specified through comprehensive legislative codes. Even in the U. S. , some aspects of contract law are regulated by legislation. Certain classes of contracts involving employment, securities transactions, health care, and consumer financial transactions are subject to regulations that supersede the general principles of common law. Commercial contracts for the sale of goods (as opposed to services like consulting) are covered in virtually every state in the U. S. y the Uniform Commercial Code, which imposes specific statutory requirements. And certain contracts are made unenforceable by the Constitution: for example, a provision that a house may not be sold to a certain racial or ethnic group. Parties negotiating a contract each believe they will benefit from the agreement. For example, a corporation purchasing a license for enterprise software believes the benefit from the software wil l exceed the price it pays, and the software vendor believes the price will exceed sum of expected costs for providing access to its product. When parties enter into a contract, therefore, they generally do not expect it to be breached (violated), or to resort to the legal system. However, they recognize that sometimes a partner may make a promise with good intentions, and later fail to fulfill it, or that circumstances may chance in some way. When evaluating contracts, courts will generally not consider whether the deal was a good one for either side. The standard view is that no one forced the parties to enter into the contract; they should be held to the bargain they struck. Another way to think of a contract is as a legal hedge against uncertainty or risk. The contract gives each party confidence that if the other fails to perform, they can receive compensation through the courts. It also allows parties to specify how specific situations in the future may be addressed. For example, in the software license described above, what happens if the buyer decides to modify some of the software code and resell it? Rather than wait for the confusion if that happens, the parties can specify ahead of time how the situation will be handled, by adding provisions to the contract. LGST 612 (Prof. Werbach) Page 2 Contemporary legal systems focus on two things in contracts cases: intent and reliance. If the evidence shows that all parties acted as though they intended to be legally bound to a contract, and the plaintiff (the one filing the lawsuit) reasonably relied on the defendant to follow through with the contract, the courts will generally enforce it. To do otherwise would be unfair to the party that was harmed by honoring their commitments. In modern contract law, intent and reasonable reliance often trump formalities. A contract may generally be enforced even if it not signed, written, or even expressly made. For example, if a fishmonger delivers fresh fish to a restaurant every Monday for a year and receives the same payment each time, there may be an implied contract even if the parties never explicitly spoke about it. The plaintiff still needs to convince the judge or jury in court, which is much harder to do based on oral testimony than documentary evidence. Unwritten contracts also leave significant gaps for courts to fill in. The implied contract between the restaurant and the fishmonger, for example, could be terminated at any time by the parties, because there is no explicit term guaranteeing how long it will last. Remedies What a court awards to a successful plaintiff for breach of contract is known as the remedy. In contract law, the sole purpose of the remedy is to adequately compensate for the breach. You cannot receive additional â€Å"punitive† damages to punish someone for breach of contract, as you might under a tort claim such as products liability. The same facts, however, might give rise to both kinds of claims, as when a party deliberately breaks a contract in order to harm the other party’s business. ) In most contracts cases, the remedy is a payment of money, known as damages. There are three main ways that courts may calculate the level of damages: †¢ Expectation is the preferred formula. Whenever possible, this is what courts will use. Expectation means that the plaint iff (who did not breach the contract) gets the â€Å"benefit of the bargain. † In other words, they receive compensation to put them in the position they would have been in, had the contract been performed. For example, if an airline enters into a futures contract to purchase jet fuel in one year at $4/gallon, and at the time of performance the fuel company breaches because the spot market price is now $7/gallon, the expectation remedy would be $3/gallon times the number of gallons. In other words, it is the difference between the market and contract price. That way, the airline can buy the fuel from someone else at the market price, and still get the benefit of the contract. Reliance is used when expectation damages cannot be calculated because the amounts are too uncertain, or there is some other reason not to give expectation damages. Under this formula, the plaintiff gets back any costs he or she has expected by relying on the contract, so they are no worse off than before the agreement. Generally, this will be a smaller amount than the expectation remedy. Restitution is used in rare situations where even reliance damages are not feasible to determine. Under this formula, the defendant (who breached the contract) must give back whatever benefit he or she received from the plaintiff, even if this does not fully cover the plaintiff’s reliance. For example, if the plaintiff paid money to the defendant for some services, the defendant must give it back. †¢ †¢ Courts may also consider awarding incidental and consequential damages. These are other costs the plaintiff can demonstrate, which go beyond his or her expectation under the contract. For example, imagine a factory owner contracts for a $50,000 piece of machinery to power a production line, and LGST 612 (Prof. Werbach) Page 3 the supplier breaches the contract. It takes a month before the factory can obtain an equivalent machine from another supplier (also for $50,000). As a result, the factory loses one month of production, which produces financial losses of $500,000 and causes its customers to terminate future orders worth several million dollars. All those costs are considered consequential damages. Whether they can be recovered depends on how foreseeable they were, and on the terms of the contract itself. On the one hand, those are actual losses the plaintiff suffered; on the other hand, was it reasonable to think the defendant took on millions of dollars of potential liability when it sold a $50,000 machine? In limited situations, monetary damages are not sufficient to give the plaintiff an adequate remedy. In such cases, a court may order an injunction (forbidding the defendant from some course of action) or specific performance (affirmatively ordering the defendant to go through with the transaction). Specific performance is only available for unique objects, where the money to purchase a similar object is not considered sufficient. This includes things such as works of art and real estate. Breach Failing to follow through on the legal obligations of a contract is called a breach. A breach might mean one party totally ignored its contractual obligations, or that it failed to perform some of them (such as completing the contracted-for services within a specified time), or that it did so in an inadequate manner. Whether something constitutes a breach is a factual decision for the court. The decision may be easier if the contract itself specifies conditions for breach, or whether a failure to perform specific responsibilities constitutes a breach of the whole agreement. As mentioned above, breaching a contract is not the same thing as breaking a promise, because law and ethics are not identical. In particular, sometimes a breach is, economically at least, a good thing. Imagine that an architect contracts with a cabinetmaker for custom-designed built-in furniture in a renovated house. However, the owner of the house changes her mind before finalizing her contract with the architect, and he loses the commission. The cabinetmaker has not yet started to manufacture the furniture. It would be wasteful to force the architect to go through with the contract, when he knows the cabinets will be useless. It is more efficient for the architect to breach the agreement. So long as the architect pays sufficient compensation to the cabinetmaker (voluntarily or in the form of monetary damages or a voluntary payment), there is nothing unethical in his breach. Contract Formation There are five required elements for a legally binding contract. In other words, a plaintiff suing for breach of contract must first show that all five were met. Then they must show the contract was breached, and they are entitled to a remedy. ) 1. 2. 3. 4. 5. Offer Acceptance Consideration Legality Capacity The first two requirements, offer and acceptance, are sometimes lumped together and called â€Å"mutual assent. † They are typically the most difficult and important elements to establish. LGST 612 (Prof. Werbach) Offer Page 4 An offer is a proposal that manifests intent to enter into a contract. It is distinguished from an invitation, which is merely a proposal to enter into negotiations and therefore not legally binding. The party that makes an offer is called the offeror and the party that receives it is called the offeree. For the offer to be valid, the offeror must: 1. Manifest the intent to enter into a contract 2. Be definite and certain regarding the essential terms of the proposed contract 3. Communicate the offer to the offeree Suppose you are at a used-car dealer’s lot. You see a care you like with the price listed as $9,995. You ask the salesperson what he’d take for the car; he doesn’t answer you, but responds by asking you what you would offer. If you then say, â€Å"I wouldn’t pay the list price, but I might pay $8,000 if I could finance it,† have you made an offer? In considering questions of this type, courts will look to â€Å"objective† manifestations of intent. Would a reasonable (ordinary, average) person, listening to your conversation in context, think that you intended to bound into a contract if the salesperson accepted? Again, reasonable reliance is what the courts look to protect, so your subjective mental state, even if it could be reliably determined, is irrelevant. Courts do, however, consider the context. You might offer to purchase a candy bar simply by holding out a dollar bill to a cashier, but an offer to enter into a multi-million dollar merger agreement might require significantly greater formalities. Similarly, if it would be clear to a reasonable observer that a statement was made as a joke, or in a social setting that does not involve contractual obligations, such as a wedding invitation, there is no binding offer. All these, however, are factual questions that courts might assess by hearing witnesses, looking at evidence, and listening to experts. Acceptance An acceptance is the mirror of an offer. If the offeree (the one receiving the offer) objectively manifests intent to be bound, the other elements below are met, and the offer is still valid, a contract comes into being at that moment. Intent is evaluated the same way for acceptance as for the offer. For the acceptance, however, courts are more sensitive to situations where someone takes actions that indicate acceptance (such as signing a document), but does not in fact understand the obligations they are undertaking. In such cases, courts generally look to whether this is the sort of contract that is typically accepted in that manner, and whether the offeree had a reasonable opportunity to analyze the contract but chose not to. Many business-to-consumer agreements are so-called contracts of adhesion or form contracts, where the consumer has no real opportunity to negotiate the specific terms – think of a rental-car agreement – but acceptance is still generally considered valid because there are other means to protect the consumers and the alternative would be extremely inefficient and cumbersome. There are four ways that an offer may no longer be valid: 1. The offeror may generally revoke the offer by communicating that to the other party at any moment before acceptance. 2. If the one receiving the offer rejects it, which includes making a counter-offer, the original offer is considered no longer binding. 3. After some reasonable period of time, determined by the court based on the context, offers lapse. You cannot walk into a used-car dealer and say you are accepting the list price of a car advertised two years before. 4. Death or incapacitation of an offeror generally cancels an offer. One exception to the rule about revocation of offers is the option contract. This is essentially a contract that binds only one party. For example, a property owner might grant a real estate investor LGST 612 (Prof. Werbach) Page 5 an option to purchase a building for $15 million within a period of 90 days. If the investor comes forward with the $15 million, the owner must sell the building. The investor, however, is under no obligation to do anything. (Options on stocks operate the same way; the price for the put or call is the payment for the option. ) Under U. S. aw, there must be a separate payment for holding open the option, even if it is specified in the same document as the purchase terms. In other words, in the real estate example, if the building owner promised to keep the offer open for 90 days, but received no compensation for that promise, it would technically be free to sell to someone else. In many other countries, a party that promises an option must keep it open for a reasonable period of time, even without payment. The acceptance must mirror the offer. That means the offeree must comply with any conditions the offeror placed on the offer. If, for example, the offer states that payment must be made in cash, or that those wishing to accept the offer must show up in person at a certain location, those conditions must be met for a valid acceptance. If the offeror does not specify, the offeree may use any reasonable means. This may even include actions rather than words. If I ask a friend to bring me a sandwich from the cafe downstairs, which I’ll pay for, and she immediately goes to purchase it without saying a word, her actions would likely be a sufficient manifestation of intent. As always, context matters. In a complex commercial negotiation, it may be reasonable to exchange numerous very specific drafts, which are not formally accepted until the final version is signed off on by senior executives. Consideration Consideration means that each party has committed to giving up something of value to induce the promise or action of the other party. It is the way the law distinguishes an enforceable contractual bargain from a gift. If someone promises to give you a gift, and then reneges on the promise, you cannot sue them for breach of contract. There was no contract to begin with, because you did not have to give anything up in return for the gift. In most contracts, consideration will be money in exchange for some goods or services. However, it can be anything of legal value, including property or voluntarily giving up a legal right to act in a certain way. In a famous case, a court held that an uncle’s promise to pay money to his nephew if the nephew gave up smoking and drinking was enforceable, because the nephew stopped doing something he was legally entitled to do. The consideration must, however, be needed to induce the promise. If your action or inaction wasn’t what motivated the other party, there is no consideration. The amount of consideration need not match the value of what the party receives in return. A contract to pay $100 for a computer worth $1,000 may be a bad deal, but it has sufficient consideration. The main question is whether there is something of value exchanged to demonstrate the agreement is not a gift. In business agreements, this sometimes means a recital (a contractual provision that simply states a fact) along the lines of, â€Å"in exchange for good and valuable onsideration of one dollar†¦Ã¢â‚¬  to ensure consideration is found. Legality Contracts that are made for an illegal purpose will not be enforceable in a court of law. An agreement with a hit man to kill a disfavored relative may meet all of the formalities of a contract, but it should be obvious that you could not sue him for failing to go through with it. More realistically, an agreement to engage in bribery o r to restrain market competition in violation of antitrust laws would be unenforceable. Capacity All parties to a contract must have the legal capacity to enter into a binding agreement. In other words, they must have what the law considers sufficient mental fortitude to understand and commit to LGST 612 (Prof. Werbach) Page 6 the obligations involved. Two main classes of people who do not have capacity are children and those under significant mental disability or impairment. Children are generally not allowed to become legally bound by contracts. (The specific age cutoff and other considerations vary from jurisdiction to jurisdiction. If an adult contracts with a child, the child can void the contract at will, but the adult is still bound if the child wishes to enforce the agreement. The other situations in which capacity becomes an issue are when a party either has a significant disability that prevents them from understanding contractual obligations, or they are too severely impaired by drugs, alcohol, or another factor. Capacity is judged objectively: would a reason able observer think the party was in a state that made it impossible to express intent to contract? If so, the party at that moment lacks the legal capacity. It is important to note that capacity is not the same thing as capability or authority. A bank may not actually have the financial wherewithal to provide the financing that it contracts for, but this does not mean it is incapable of entering into any contract. If it fails to provide the financing that the other party reasonably relied on, it is in breach of contract, whether or not it actually has the resources needed to perform. Similarly, an agent may or may not have the legal authority to speak for a firm. If a sales representative (or someone claiming to be a sales representative) commits a company to an agreement with a customer that the company does not in fact wish to honor, that has no bearing on the legal capacity to contract. In that situation, the court must determine whether it is appropriate to bind the company. If the salesperson did not in fact have actual authority to sign off on such contracts, courts would look to whether it was reasonable for the customer to think that they did, especially without communicating with corporate headquarters. Whether a Contract Must be in Writing (â€Å"Statute of Frauds†) As mentioned above, there is no general requirement that contracts be in writing. It is generally a good idea to write contracts down, because that provides clear evidence of their existence and terms if they are ever breached. Fundamentally, though, an oral agreement, or an unsigned written agreement, is a valid contract, except in two broad cases. The first is when there is a statutory or regulatory requirement to put a certain agreement in writing. This is often the case, for example, with financial and healthcare agreements. The second is if the contract is under the statute of frauds. The Statute of Frauds was a 17th century English law that required some contracts to be in writing, because otherwise there would be too much risk of witnesses lying (the â€Å"fraud†) in their oral testimony in court. Today, the term refers mostly to common law principles that impose a writing requirement, plus provisions of certain modern statutes (such as the Uniform Commercial Code) that impose similar obligations. Saying that a contract is â€Å"under the statute of frauds† means that it has to be in writing. There are several categories of contracts that fall under the statute of frauds, including suretyship (promising to pay someone else’s debts) and contracts in consideration of marriage (such as prenuptial agreements). The three categories most likely to arise in a business context are: †¢ †¢ Sale of land. This also includes interests in land, such as a mortgage. Sales of goods worth $500 or more. Note that contracts for services, such as consulting or financial advice, are not covered under this provision. The $500 figure comes from the Uniform Commercial Code, and is an arbitrary figure, not pegged to inflation. LGST 612 (Prof. Werbach) Page 7 †¢ Promises not performable in one year. In other words, there is no way the contract could be successfully performed within a year. If the contract does not specify a term of longer than a year, and there is come conceivable scenario in which both parties would discharge their responsibilities before the end of the year, it need not be in writing. If a contract falls under the statute of frauds, a sufficient â€Å"writing† is a document that identifies the parties, describes the basic obligations of the contract, and is signed by the party to be charged. As with any written contract, if there are specific details not set out in the document, the court can interpret the language or fill in reasonable terms as necessary to enforce it. If, however, the writing is missing a material term – for example, the price in most sales contracts – it is not enforceable. Basically, the court needs enough information to determine a remedy. If the contract is not under the statute of frauds, the courts can look to other written evidence or oral testimony to find a material term. However, if the parties simply failed to agree on such an essential point, the contract is unenforceable. Note that when the statute of frauds applies, only one party is required to sign the agreement: the party who is being sued to enforce it (the defendant). The signature of the other party may still be useful to prove there was intent to enter into a binding agreement. Excuses to Performance In some circumstances, a party will not be held to an agreement, even when it met all the legal requirements for a valid contract. The most common excuses to performance are: Fraud. If one party induces a contract by lying to the other party, it is not enforceable even when the form of the contract is perfectly good. Duress. If a party felt it was forced to enter into a contract against its will, it can claim the contract is unenforceable due to duress. This means something more than a difficult situation or a tough negotiating partner on the other side. For example, if there is only one supplier for an important input with sufficient production capacity, buying from that supplier is not duress. There must generally be some misconduct, involving threats to engage in illegal conduct or breach other obligations, which convinces the other party it has no choice. Unconscionability. As noted above, a contract will not be considered unenforceable because it is unfair, or because there is unequal bargaining power (as is typically the case in business-to-consumer interactions). However, if one party has no reasonable opportunity to understand the obligations they are undertaking, or there are terms in the agreement so manifestly unfair that they â€Å"shock the conscience,† courts can declare specific provisions or whole contracts as unconscionable. This doctrine is successfully invoked infrequently, and then typically when there is unfairness in the process, rather than the substantive terms. Mutual mistake. If both parties were mistaken about the fundamental subject matter of the contract, such that they never truly had an agreement, the contract can be declared unenforceable. If the mistake is simply a bad business decision, such as an assumption that the price of a good will not increase substantially, it will not excuse performance. Impossibility/frustration of purpose. If circumstances change so dramatically that either a contract is effectively impossible to perform, or it would be pointless to complete it, courts can excuse performance. As with the other doctrines, courts will not release parties from their obligations if performance is merely more difficult or costly than they expected. – – – – LGST 612 (Prof. Werbach) Page 8 These excuses are considered by courts after the fact. In such situations, there is a contract, but there is no legal remedy for a breach. Sometimes, the result is merely to sever a problematic provision of the contract. For example, a contract may be enforceable minus the specific term the court considered unconscionable. Recovery Outside of Contract (â€Å"Promissory Estoppel†) Modern contract law makes it relatively easy for parties to enter into contracts, to specify the terms of those contracts, and to be excused from contractual obligations when fundamental fairness dictates. Consequently, the legal system generally focuses on whether the procedural obligations of contract law described above have been met, rather than on whether the outcome is just. After all, the parties were free to act differently, yet chose to structure their agreement in a certain way. Why should the courts interfere with their decisions? In a host of cases, this freedom-based view of contracts fails to account for reality. Inequalities in access to information or bargaining power may so warp the relationship between parties that the formal structure of an agreement may not actually reflect the intent of at least one of them. Or there may be significant public policy concerns, such as avoiding mistreatment of patients or retail investors, which counsel for heightened obligations beyond those of common-law contract doctrines. Another category cuts in the opposite direction. Sometimes the un-enforceability of an agreement is unfair. If one party reasonably relies on the other party, yet has no remedy because the agreement is unenforceable, it can create a situation in which the courts view themselves as parties to an injustice. The legal doctrine known as promissory estoppel arose to allow for recovery of damages in court, even when there is no enforceable contract between the parties. The Restatement (Second) of Contracts, a collection of â€Å"best practices† in contract law written by leading legal experts in the field, describes promissory estoppel as follows: â€Å"A promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee or a third person and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise. The remedy granted for breach may be limited as justice requires. † Most commonly this doctrine is invoked for charitable gifts. For example, imagine that a donor to Wharton promises the school $100 million for a new building bearing her name, the school builds the building in reliance on the gift, and the donor then reneges on the promise. There is no enforceable contract, because there is no consideration. (The school’s expenditure in building the building was a response to the promised gift; it is not what induced the promise, as required for consideration. ) In such a situation, if a court feels it would be an â€Å"injustice† that Wharton receives no compensation, it can award damages on a promissory estoppel theory. Courts have applied promissory estoppel in other situations where, because of some legal quirk, a party reasonably relies on a contract and yet has no adequate remedy. Note that promissory estoppel is a distinct legal claim, not a lawsuit based on a valid contract. One consequence is that damages are generally limited to reliance. In the donation example in the previous paragraph, this means that Wharton might recover the amount it spent on constructing the building, but not the full $100 million that was promised. And remember that the court can decline to award anything if it does not feel that an injustice has occurred. How to cite Basic Concepts in the Law of Contracts, Essay examples

Critical Appraisal Using Strobe Items †MyAssignmenthelp.com

Question: Discuss about the Critical Appraisal Using Strobe Items. Answer: Study Size: This item was met as the authors fully explained how study size was arrive at. For example, it is well explained how ALSPAC recruited expectant women with anticipated delivery date between April 1st, 1991 and December 31st 1992 in Avon (Deer et al., 2009). This inclusion is important because it makes readers understand the study size and the possibility of generalizability. Statistical Method: This item was also met because the researcher explained that the data from reverted Actigraphs stood subsequently downloaded and then imported to a Microsoft database of Access 2000 with analysis considering 3 physical activities. Multivariable variation was also used for physical activity variables to compare myopic and non-myopic. The inclusion of this item as it informs the interpretation of data and makes readers follow through seamlessly. Participants: This item is met as the researcher has given number of participants from each stage. For example, it shown that out of the total 7159 kids that attended the clinic only 6622 consented to wearing Actigraphs and gave valid activity data and of whom only 4880 amongst them showed valid PA alongside auto-refraction data (Deer et al., 2009). It has been helpful to show the numbers of potentially eligible, examined for eligibility and confirmed eligible in the study. For example, it is stated in the study that children who never provided a minimum of six-hundred minutes valid data on at least 3 distinct days were exempted from analysis. The inclusion of this item is effective as it tells the readers who actually took part in the study from the ones recruited. Descriptive Data: This STROBE checklist item is met as the researcher has clearly explained the characteristics of the study participants. In terms of demographics, there were women, children and parents. Clinically, it gave information on myopic and non-myopic children. The inclusion of this item helps us understand the kind of the population being studied to inform the implication of the study. Outcome Data: This item is met as the researcher has given information about case-control study by reporting the numbers in every exposure category and summary of exposure measures. For example, it shown that 4880 kids showed valid PA alongside auto-refraction data. Further, myopic kids stood highly inactive as opposed to kids in minimally adjusted models for gender and age. Also, it is shown that myopic children spent fewer time in MVPA than others. This inclusion is efficient as it tells us all about the results in order to inform effective analysis and interpretation. Main Results: The item is met as the researcher has provided the unadjusted estimates and, especially confounder-adjusted estimates alongside their precision. For example, it was shown that myopic kids took fewer time in MVPA as opposed to non-myopic ones with Beta=-3.20 minutes MVPA measured at 95% confidence interval (Deer et al., 2009). The inclusion of precision is effective as it shows the ability to generalize the findings. 17: Other analysis: This item is also met as the researcher analyzed subgroups. The researcher has presented an analysis by comparing myopic and non-myopic subgroups. This inclusion was further effective in helping us understand the sample best. References Deere, K., Williams, C., Leary, S., Mattocks, C., Ness, A., Blair, S. N., Riddoch, C. (2009). Myopia and later physical activity in adolescence: a prospective study. British journal of sports medicine, 43(7), 542-544.

Scenarios of Labor Relations in Bangladesh free essay sample

In the context of Bangladesh, one can say that the country is not too poorly served by labour laws and their regulations on the employers. Trade union practices providing collective bargaining of workers with their employers are generally allowed in the industries and services here. Labour courts in Bangladesh promote and protect workers rights and enforce laws such as compensation to be paid to workers by employers for the breach of labour laws on their part. Bangladesh is a signatory nation associated to the International Labour Organisation (ILO) and remains committed on the whole to ILO policies. However, trade union practices in Bangladesh seem to be in existence in the countrys older industries and services with new ones-particularly the export oriented garments industries-remaining largely unserved by trade unions. But there are also powerful arguments in favour of such exemptions. The garments industries could never have come to their present number or employ the record number of workers as they do, if they were burdened by demands from workers and lost their competitiveness as a result. We will write a custom essay sample on Scenarios of Labor Relations in Bangladesh or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The example of the garments industries also demonstrates that it should be a prudent course for eligible workers in this country to first find employment in sectors like the garments industries than to restrict the flourishment of such emerging work opportunities by attempting to introduce trade unions in them too early in the day (The New Nation, 2004). It should be advantageous for workers to put less emphasis first on orthodox trade union practices and accept less regulation on the employers so that they feel encouraged to expand business activities. This should maximise employment creation which should go in the favour of unemployed workers when unemployment is a huge problem in Bangladesh. More employment and some income should be a better choice for the countrys workforce with its vast number of unemployed than no employment and no income from too much of trade unionism. Thus, there is a need for responsible trade unionism in the country if there exists a genuine interest among workers leaders to best advance the longer term interests of their followers. Of course, it is not meant that pressure for better looking after the welfare needs of workers ught not to be there when the new enterprises graduate into stronger entities and, thus, become able to smoothly accommodate reasonable demands from their workers (The New Nation, 2004). Many of the countrys garments industries, for instance, would not lose their competitiveness or experience any major reduction in their profits or the control over their workers by allowing the worke rs certain basic rights, such as a weekly holiday, casual leave, a bearable increase in their wages and safe conditions of work in the factories (The New Nation, 2004). From the governments side, the role expected most is imparting of training and education free of cost to workers. The same should increase their productivity and skills which would be invaluable assets in the work places. Governments in many countries play the desired role of training and educating as many workers as possible and look upon government spending on these areas as long term investment on economic growth. The Government in Bangladesh needs to adopt and pursue vigorously similar policies (The New Nation, 2004). . 2. Trade union rights in law: 2. 2. 1. Many restrictions: The Constitution provides for the right to form or join unions. There are many restrictions, however. Before a union can be registered, 30 per cent of workers in an enterprise have to be members and the union can be dissolved if its membership falls below this level. The ILO has informed the government that this is a clear barrier to freedom of association and recommended the law be amended, but that advice has been continuously ignored. Unions must have government approval to be registered, and no trade union action can be taken prior to registration. Unions can only be formed at the factory/establishment level, with some exceptions (such as private road transport, private inland river transport, tea, jute bailing, bidi production) where union formation can take place based on geographic area. There can be no more than three registered trade unions in any establishment. Membership in a union is restricted only to workers currently working at an establishment, meaning that severance from employment also results in the end of a worker’s membership in the union. Candidates for union office have to be current or former employees of an establishment or group of establishments. The Registrar of Trade Unions has wide powers to interfere in internal union affairs. He can enter union premises and inspect documents. The registrar may also cancel the registration of a union, with Labour Court approval (Annual Survey of Violations of Trade Union: Bangladesh, 2007). . 2. 2. Exclusions from union membership: Under the Industrial Relations Ordinance (IRO), workers in the public sector and state enterprises may not belong to a trade union, with the exception of railway, postal and telecommunications workers. Members of the security forces are also denied the right to form unions. Teachers are also forbidden to form trade unions, in either the public or private sector. Managerial and administrative employees can form welfare associations, but they are denied the right to join a union (Annual Survey of Violations of Trade Union: Bangladesh, 2007). . 2. 3. Right to strike not recognized: The right to strike is not specifically recognised in law. Three quarters of a union’s members must agree to a strike before it can go ahead. The government can ban any strike if it continues beyond 30 days (in which case it is referred to the Labour Court for adjudication), if it involves a public service covered by the Essential Services Ordinance or if it is considered a threat to the national interest. In this last case, the 1974 Special Powers Act can be used to detain trade unionists without charge. The government may ban strikes for renewable periods of three months. Sentences of up to 14 years’ forced labour can be passed for offences such as obstruction of transport. Strikes are not allowed in new establishments either owned by foreign investors or established as joint-ventures in collaboration with foreign investors for a period of three years from the date the establishment begins commercial production (Annual Survey of Violations of Trade Union: Bangladesh, 2007). 2. 2. 4. Compulsory conciliation and court referral procedures: The labour law requires that parties to an industrial dispute must follow procedures (such as request conciliation, serve notice of a strike or lock-out, or refer the dispute to the Labour Court for settlement) within a specified period or the labour dispute will be considered legally terminated. The issue or subject of an industrial dispute which is terminated in this manner cannot be raised for a calendar year after such termination (Annual Survey of Violations of Trade Union: Bangladesh, 2007). . 2. 5. Collective bargaining limited: Only registered unions can engage in collective bargaining, and each union must nominate representatives to a Collective Bargaining Authority committee, which is subject to approval by the Registrar of Trade Unions. The National Pay and Wages Commission, whose recommendations are binding, sets public sector workers’ pay levels and other benefits (Annual Survey of Violations of Trade Union: B angladesh, 2007). 2. 2. 6. EPZ Law – significant restrictions continue: The EPZ Trade Union and Industrial Relations Bill 2004 provided for the formation of trade unions in EPZs from 1 November 2006. The ILO Committee on Freedom of Association recommended numerous amendments to the law to bring it into compliance with Conventions no. 87 and 98 which Bangladesh has ratified. The government of Bangladesh has fundamentally failed to take any appreciable steps to comply with the ILO CFA’s ruling. The law foresees the phased introduction of freedom of association, providing for a different type of workers’ organisation at each stage. However, the law does not go so far as to say that trade unions with full associational rights will be allowed to exist in EPZs after the last stage outlined, which will be after 1 November 2008 (Annual Survey of Violations of Trade Union: Bangladesh, 2007). 2. 2. 6. Stage one – worker representation and welfare committees: Until the end of October, workers in Bangladesh’s EPZs were still operating under the first stage of the law. They were only allowed to set up Worker Representation and Welfare Committees (WRWC). The law requires all enterprises in the EPZ to have one WRWC, whose elected representatives have the power to negotiate and sign collective agreements on a limited set of topics but not to strike or organise demonstrations. However, workers and labour activists in Bangladesh reported that in 2006 employers generally refused to enter negotiations or sign an agreement with a WRWC. Under the law, all WRWCs were supposed to cease to exist on 31 October 2006, unless he employer gave an explicit agreement that the WRWC should continue (which they would in practice only do in the case of compliant WRWCs). (Annual Survey of Violations of Trade Union: Bangladesh, 2007). 2. 2. 7. Stage two – workers’ associations: The second stage of the law provides that a trade union, referred to as a Workers’ Association (WA) in the law, can be organised provided over 30 per cent of the workforce reque sts that the association should be set up. More than 50 per cent of the workers in the factory must vote affirmatively for the WA to be formed. This was scheduled to start on 1 November 2006 but in practice there were significantly delays, notably because the Bangladesh Export Processing Zone Authority (BEPZA) did not provide the necessary forms for applying to set up WAs. In new enterprises that start operations after 1 November 2006, workers are not permitted to form an association for the first three months after the commencement of commercial activities. Only one federation can be formed per EPZ, and over 50 per cent of the registered WA in the zone must vote to affiliate before a federation can be formed. The BEPZA Executive Chairman also has almost unlimited authority to deregister a Workers’ Association, should he determine that the WA has committed an unfair practice, contravened any part of the WA’s own constitution, violated any aspect of the EPZ Law, or failed to submit a report to him. Essentially, the law has made illegal the right of workers to talk about unions in their workplaces or to engage in pressure tactics to persuade recalcitrant employers to sign a collective agreement. Finally, the law explicitly forbids any strikes in the EPZs until 31 October 2008. (Annual Survey of Violations of Trade Union: Bangladesh, 2007). 2. 2. 8. Frequent bans on assembly: The law allows the government to ban any public gathering of more than four people, ostensibly only in cases where public order or public health are at risk. In fact, the government applied this banning power much more indiscriminately. (Annual Survey of Violations of Trade Union: Bangladesh, 2007). 2. 2. 9. Labour appellate tribunal created: The new labour law created an avenue for all the judgements, awards and sentences of the Labour Court to be appealed to a Labour Appellate Tribunal. Previously all such appeals had to be taken up by the Supreme Court, resulting in significant delays in reaching a final legal verdict for labour cases (Annual Survey of Violations of Trade Union: Bangladesh, 2007). 2. 3. Trade union rights in practice: The trade union movement is relatively weak in Bangladesh. This is partly owing to the multiplicity of trade unions and partly owing to the considerable intimidation imposed in practice, especially workers’ fear of losing their jobs should they show any sign of union activity. The right to freedom of association and to collective bargaining at the workplace is not respected in the garment sector or on the tea estates. Where unions do file applications for recognition, their registration is often delayed long beyond the 60 days foreseen by law. 2. 3. 1. Strike bans: The government makes regular use of the Essential Services Ordinance in order to ban strikes. The government’s use of this order was continuously applied over the past four years to the Power Development Board, the Dhaka Electric Supply Authority, the Chittagong Port Authority, Biman Airlines, and the Bangladesh Petroleum Corporation (Annual Survey of Violations of Trade Union: Bangladesh, 2007). 2. 3. 2. Restrictions on bargaining and union meetings: Since 2003, the government has banned any collective bargaining in jute mills during production time. Only pro-government supporters are allowed to hold meetings during work time and unions not affiliated with the government’s labour grouping are not allowed to hold protests even on their day off (Annual Survey of Violations of Trade Union: Bangladesh, 2007). 2. 3. 3. Employers take advantage of legal loopholes: Private sector workers are discouraged from undertaking any union activity. The Industrial Relations Ordinance gives considerable leeway for discrimination against union members and organisers by employers. Workers who try to create a trade union are not protected before registration and are therefore often persecuted by their employers, sometimes by violent means or with the help of the police. The names of workers who apply for union registration are frequently passed on to employers who promptly transfer or dismiss them, particularly in the textile sector. Even after registration, workers suspected of carrying out trade union activities are regularly harassed. One popular ploy is to dismiss a worker for misconduct, as they are then no longer entitled to become a trade union officer. A complaint to the Labour Court is of little use given the underlying corruption and serious backlog of cases which, in some instances, can stretch back more than several years (Annual Survey of Violations of Trade Union: Bangladesh, 2007). 2. 3. 4. Export processing zones – anti-union employers: Employers in the EPZs have been consistently hostile towards trade unions, claiming that many of the companies would be ruined and jobs would be lost if they had to have unions. Some employers in the zones take advantage of the absence of trade unions to commit violations of international labour standards, such as sexual harassment, physical violence, unpaid overtime, child labour, non-compliance with minimum wage regulations and deplorable safety conditions. Despite protections for WRWC committee members provided by the EPZ Law, discrimination against leaders of active WRWCs was reported in 2006, and an undetermined yet significant number of these leaders and activist members have been terminated with permission from the BEPZA in processes that workers claimed were biased and unfair. Since there is no dispute resolution mechanism or tribunal for workers, except to appeal to the BEPZA, workers in the EPZs had few other options but to protest. After 1 November 2006, those factories with WRWCs turned their attention to frustrating efforts of the workers to form Workers Associations, again employing a series of tactics including harassment, intimidation, and termination of leaders (Annual Survey of Violations of Trade Union: Bangladesh, 2007). 2. 3. 5. Failure to set up industrial dispute resolution mechanisms in EPZs: Although the EPZ law provides for the establishment of an EPZ Labour Tribunal and an EPZ Labour Appellate Tribunal, a full two years after the passage of the EPZ law, these two tribunals have yet to be established (Annual Survey of Violations of Trade Union: Bangladesh, 2007). 2. 3. 6. Garment industry anti-union: Textile workers outside the zones fare no better. An estimated two million women workers toil for 3,300 employers to make clothes for export in Bangladesh. Workers are regularly sacked, beaten or subjected to false charges by the police for being active in unions. The General Secretary of the United Federation of Garment Workers (UGFW) has been arrested more than a dozen times. Meanwhile, the country’s garment workers are among the lowest paid in the world. They work long hours with very little leave, and face physical, verbal and sexual abuse (Annual Survey of Violations of Trade Union: Bangladesh, 2007). 2. 3. 7. Employer negligence and government indifference kills hundreds of workers: Negligence by employers and the authorities have had appalling consequences that a strong, vigilant trade union could help to avoid. Based on its analysis of publicly available sources, the respected Bangladesh Institute for Labour Studies found that in 2006 there were 845 workers killed and 3018 injured by occupational accidents. The ready-made garment sector led the way in its toll on workers, with 141 killed, and 1578 hurt or maimed (Annual Survey of Violations of Trade Union: Bangladesh, 2007). 2. 3. 8. Ship recycling industry effectively prohibits unions: The Bangladeshi ship recycling industry is based at Chittagong Port. Workers are employed on an as-needs basis, have no contracts and do not sign any documents which could link them to a specific yard. Thus workers have no legal recourse in the event of a dispute. Largely owing to the fear instilled in them – through violence and the precariousness of their employment situation workers have no way of standing up for their rights or even claiming their dues. Any claim would provoke instant dismissal. Unions are de facto forbidden on the sites and union organisers find it very difficult to gain access. Scenarios of Labor Relations in Bangladesh free essay sample In the context of Bangladesh, one can say that the country is not too poorly served by labour laws and their regulations on the employers. Trade union practices providing collective bargaining of workers with their employers are generally allowed in the industries and services here. Labour courts in Bangladesh promote and protect workers rights and enforce laws such as compensation to be paid to workers by employers for the breach of labour laws on their part. Bangladesh is a signatory nation associated to the International Labour Organisation (ILO) and remains committed on the whole to ILO policies. However, trade union practices in Bangladesh seem to be in existence in the countrys older industries and services with new ones-particularly the export oriented garments industries-remaining largely unserved by trade unions. But there are also powerful arguments in favour of such exemptions. The garments industries could never have come to their present number or employ the record number of workers as they do, if they were burdened by demands from workers and lost their competitiveness as a result. We will write a custom essay sample on Scenarios of Labor Relations in Bangladesh or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The example of the garments industries also demonstrates that it should be a prudent course for eligible workers in this country to first find employment in sectors like the garments industries than to restrict the flourishment of such emerging work opportunities by attempting to introduce trade unions in them too early in the day (The New Nation, 2004). It should be advantageous for workers to put less emphasis first on orthodox trade union practices and accept less regulation on the employers so that they feel encouraged to expand business activities. This should maximise employment creation which should go in the favour of unemployed workers when unemployment is a huge problem in Bangladesh. More employment and some income should be a better choice for the countrys workforce with its vast number of unemployed than no employment and no income from too much of trade unionism. Thus, there is a need for responsible trade unionism in the country if there exists a genuine interest among workers leaders to best advance the longer term interests of their followers. Of course, it is not meant that pressure for better looking after the welfare needs of workers ught not to be there when the new enterprises graduate into stronger entities and, thus, become able to smoothly accommodate reasonable demands from their workers (The New Nation, 2004). Many of the countrys garments industries, for instance, would not lose their competitiveness or experience any major reduction in their profits or the control over their workers by allowing the worke rs certain basic rights, such as a weekly holiday, casual leave, a bearable increase in their wages and safe conditions of work in the factories (The New Nation, 2004). From the governments side, the role expected most is imparting of training and education free of cost to workers. The same should increase their productivity and skills which would be invaluable assets in the work places. Governments in many countries play the desired role of training and educating as many workers as possible and look upon government spending on these areas as long term investment on economic growth. The Government in Bangladesh needs to adopt and pursue vigorously similar policies (The New Nation, 2004). . 2. Trade union rights in law: 2. 2. 1. Many restrictions: The Constitution provides for the right to form or join unions. There are many restrictions, however. Before a union can be registered, 30 per cent of workers in an enterprise have to be members and the union can be dissolved if its membership falls below this level. The ILO has informed the government that this is a clear barrier to freedom of association and recommended the law be amended, but that advice has been continuously ignored. Unions must have government approval to be registered, and no trade union action can be taken prior to registration. Unions can only be formed at the factory/establishment level, with some exceptions (such as private road transport, private inland river transport, tea, jute bailing, bidi production) where union formation can take place based on geographic area. There can be no more than three registered trade unions in any establishment. Membership in a union is restricted only to workers currently working at an establishment, meaning that severance from employment also results in the end of a worker’s membership in the union. Candidates for union office have to be current or former employees of an establishment or group of establishments. The Registrar of Trade Unions has wide powers to interfere in internal union affairs. He can enter union premises and inspect documents. The registrar may also cancel the registration of a union, with Labour Court approval (Annual Survey of Violations of Trade Union: Bangladesh, 2007). . 2. 2. Exclusions from union membership: Under the Industrial Relations Ordinance (IRO), workers in the public sector and state enterprises may not belong to a trade union, with the exception of railway, postal and telecommunications workers. Members of the security forces are also denied the right to form unions. Teachers are also forbidden to form trade unions, in either the public or priva te sector. Managerial and administrative employees can form welfare associations, but they are denied the right to join a union (Annual Survey of Violations of Trade Union: Bangladesh, 2007). . 2. 3. Right to strike not recognized: The right to strike is not specifically recognised in law. Three quarters of a union’s members must agree to a strike before it can go ahead. The government can ban any strike if it continues beyond 30 days (in which case it is referred to the Labour Court for adjudication), if it involves a public service covered by the Essential Services Ordinance or if it is considered a threat to the national interest. In this last case, the 1974 Special Powers Act can be used to detain trade unionists without charge. The government may ban strikes for renewable periods of three months. Sentences of up to 14 years’ forced labour can be passed for offences such as obstruction of transport. Strikes are not allowed in new establishments either owned by foreign investors or established as joint-ventures in collaboration with foreign investors for a period of three years from the date the establishment begins commercial production (Annual Survey of Violations of Trade Union: Bangladesh, 2007). 2. 2. 4. Compulsory conciliation and court referral procedures: The labour law requires that parties to an industrial dispute must follow procedures (such as request conciliation, serve notice of a strike or lock-out, or refer the dispute to the Labour Court for settlement) within a specified period or the labour dispute will be considered legally terminated. The issue or subject of an industrial dispute which is terminated in this manner cannot be raised for a calendar year after such termination (Annual Survey of Violations of Trade Union: Bangladesh, 2007). . 2. 5. Collective bargaining limited: Only registered unions can engage in collective bargaining, and each union must nominate representatives to a Collective Bargaining Authority committee, which is subject to approval by the Registrar of Trade Unions. The National Pay and Wages Commission, whose recommendations are binding, sets public sector workers’ pay levels and other benefits (Annual Survey of Violations of Trade Union: B angladesh, 2007). 2. 2. 6. EPZ Law – significant restrictions continue: The EPZ Trade Union and Industrial Relations Bill 2004 provided for the formation of trade unions in EPZs from 1 November 2006. The ILO Committee on Freedom of Association recommended numerous amendments to the law to bring it into compliance with Conventions no. 87 and 98 which Bangladesh has ratified. The government of Bangladesh has fundamentally failed to take any appreciable steps to comply with the ILO CFA’s ruling. The law foresees the phased introduction of freedom of association, providing for a different type of workers’ organisation at each stage. However, the law does not go so far as to say that trade unions with full associational rights will be allowed to exist in EPZs after the last stage outlined, which will be after 1 November 2008 (Annual Survey of Violations of Trade Union: Bangladesh, 2007). 2. 2. 6. Stage one – worker representation and welfare committees: Until the end of October, workers in Bangladesh’s EPZs were still operating under the first stage of the law. They were only allowed to set up Worker Representation and Welfare Committees (WRWC). The law requires all enterprises in the EPZ to have one WRWC, whose elected representatives have the power to negotiate and sign collective agreements on a limited set of topics but not to strike or organise demonstrations. However, workers and labour activists in Bangladesh reported that in 2006 employers generally refused to enter negotiations or sign an agreement with a WRWC. Under the law, all WRWCs were supposed to cease to exist on 31 October 2006, unless he employer gave an explicit agreement that the WRWC should continue (which they would in practice only do in the case of compliant WRWCs). (Annual Survey of Violations of Trade Union: Bangladesh, 2007). 2. 2. 7. Stage two – workers’ associations: The second stage of the law provides that a trade union, referred to as a Workers’ Association (WA) in the law, can be organised provided over 30 per cent of the workforce reque sts that the association should be set up. More than 50 per cent of the workers in the factory must vote affirmatively for the WA to be formed. This was scheduled to start on 1 November 2006 but in practice there were significantly delays, notably because the Bangladesh Export Processing Zone Authority (BEPZA) did not provide the necessary forms for applying to set up WAs. In new enterprises that start operations after 1 November 2006, workers are not permitted to form an association for the first three months after the commencement of commercial activities. Only one federation can be formed per EPZ, and over 50 per cent of the registered WA in the zone must vote to affiliate before a federation can be formed. The BEPZA Executive Chairman also has almost unlimited authority to deregister a Workers’ Association, should he determine that the WA has committed an unfair practice, contravened any part of the WA’s own constitution, violated any aspect of the EPZ Law, or failed to submit a report to him. Essentially, the law has made illegal the right of workers to talk about unions in their workplaces or to engage in pressure tactics to persuade recalcitrant employers to sign a collective agreement. Finally, the law explicitly forbids any strikes in the EPZs until 31 October 2008. (Annual Survey of Violations of Trade Union: Bangladesh, 2007). 2. 2. 8. Frequent bans on assembly: The law allows the government to ban any public gathering of more than four people, ostensibly only in cases where public order or public health are at risk. In fact, the government applied this banning power much more indiscriminately. (Annual Survey of Violations of Trade Union: Bangladesh, 2007). 2. 2. 9. Labour appellate tribunal created: The new labour law created an avenue for all the judgements, awards and sentences of the Labour Court to be appealed to a Labour Appellate Tribunal. Previously all such appeals had to be taken up by the Supreme Court, resulting in significant delays in reaching a final legal verdict for labour cases (Annual Survey of Violations of Trade Union: Bangladesh, 2007). 2. 3. Trade union rights in practice: The trade union movement is relatively weak in Bangladesh. This is partly owing to the multiplicity of trade unions and partly owing to the considerable intimidation imposed in practice, especially workers’ fear of losing their jobs should they show any sign of union activity. The right to freedom of association and to collective bargaining at the workplace is not respected in the garment sector or on the tea estates. Where unions do file applications for recognition, their registration is often delayed long beyond the 60 days foreseen by law. 2. 3. 1. Strike bans: The government makes regular use of the Essential Services Ordinance in order to ban strikes. The government’s use of this order was continuously applied over the past four years to the Power Development Board, the Dhaka Electric Supply Authority, the Chittagong Port Authority, Biman Airlines, and the Bangladesh Petroleum Corporation (Annual Survey of Violations of Trade Union: Bangladesh, 2007). 2. 3. 2. Restrictions on bargaining and union meetings: Since 2003, the government has banned any collective bargaining in jute mills during production time. Only pro-government supporters are allowed to hold meetings during work time and unions not affiliated with the government’s labour grouping are not allowed to hold protests even on their day off (Annual Survey of Violations of Trade Union: Bangladesh, 2007). 2. 3. 3. Employers take advantage of legal loopholes: Private sector workers are discouraged from undertaking any union activity. The Industrial Relations Ordinance gives considerable leeway for discrimination against union members and organisers by employers. Workers who try to create a trade union are not protected before registration and are therefore often persecuted by their employers, sometimes by violent means or with the help of the police. The names of workers who apply for union registration are frequently passed on to employers who promptly transfer or dismiss them, particularly in the textile sector. Even after registration, workers suspected of carrying out trade union activities are regularly harassed. One popular ploy is to dismiss a worker for misconduct, as they are then no longer entitled to become a trade union officer. A complaint to the Labour Court is of little use given the underlying corruption and serious backlog of cases which, in some instances, can stretch back more than several years (Annual Survey of Violations of Trade Union: Bangladesh, 2007). 2. 3. 4. Export processing zones – anti-union employers: Employers in the EPZs have been consistently hostile towards trade unions, claiming that many of the companies would be ruined and jobs would be lost if they had to have unions. Some employers in the zones take advantage of the absence of trade unions to commit violations of international labour standards, such as sexual harassment, physical violence, unpaid overtime, child labour, non-compliance with minimum wage regulations and deplorable safety conditions. Despite protections for WRWC committee members provided by the EPZ Law, discrimination against leaders of active WRWCs was reported in 2006, and an undetermined yet significant number of these leaders and activist members have been terminated with permission from the BEPZA in processes that workers claimed were biased and unfair. Since there is no dispute resolution mechanism or tribunal for workers, except to appeal to the BEPZA, workers in the EPZs had few other options but to protest. After 1 November 2006, those factories with WRWCs turned their attention to frustrating efforts of the workers to form Workers Associations, again employing a series of tactics including harassment, intimidation, and termination of leaders (Annual Survey of Violations of Trade Union: Bangladesh, 2007). 2. 3. 5. Failure to set up industrial dispute resolution mechanisms in EPZs: Although the EPZ law provides for the establishment of an EPZ Labour Tribunal and an EPZ Labour Appellate Tribunal, a full two years after the passage of the EPZ law, these two tribunals have yet to be established (Annual Survey of Violations of Trade Union: Bangladesh, 2007). 2. 3. 6. Garment industry anti-union: Textile workers outside the zones fare no better. An estimated two million women workers toil for 3,300 employers to make clothes for export in Bangladesh. Workers are regularly sacked, beaten or subjected to false charges by the police for being active in unions. The General Secretary of the United Federation of Garment Workers (UGFW) has been arrested more than a dozen times. Meanwhile, the country’s garment workers are among the lowest paid in the world. They work long hours with very little leave, and face physical, verbal and sexual abuse (Annual Survey of Violations of Trade Union: Bangladesh, 2007). 2. 3. 7. Employer negligence and government indifference kills hundreds of workers: Negligence by employers and the authorities have had appalling consequences that a strong, vigilant trade union could help to avoid. Based on its analysis of publicly available sources, the respected Bangladesh Institute for Labour Studies found that in 2006 there were 845 workers killed and 3018 injured by occupational accidents. The ready-made garment sector led the way in its toll on workers, with 141 killed, and 1578 hurt or maimed (Annual Survey of Violations of Trade Union: Bangladesh, 2007). 2. 3. 8. Ship recycling industry effectively prohibits unions: The Bangladeshi ship recycling industry is based at Chittagong Port. Workers are employed on an as-needs basis, have no contracts and do not sign any documents which could link them to a specific yard. Thus workers have no legal recourse in the event of a dispute. Largely owing to the fear instilled in them – through violence and the precariousness of their employment situation workers have no way of standing up for their rights or even claiming their dues. Any claim would provoke instant dismissal. Unions are de facto forbidden on the sites and union organisers find it very difficult to gain access (Annual Survey of Violations of Trade Union: Bangladesh, 2007).

Resear Essays

Resear Essays Resear Paper Resear Paper What happens when we damn the flow of a great river and form an immense body of water where there was none before? (c) Negative effects on building damns (d) Negative impact on the ecosystem, people who have to move, economy and health (3) Negative effects on the ecosystem -when a big dam is built, it may flood several thousand square miles of land -all living things will be drowned (ex. Plants, insects, etc. ) -everything changes (ex. The chemistry of the water, habitat of fish, etc. Negative effects on the Babbles because of moving to another settlement due to building dams -Baubles lived in homes with no kitchens -the only well was in adequate and too far away -there would be no food until the new crops grew -invited to learn how to fish but did not enjoy It and were afraid of water -had to raise cattle on poorer soil -forced to part with their homes -mortality rates increased a significant amount after having to move Negative effects on the economy -costs a lot of money to resettle people because building new homes for them are expensive -as practice spreads, starts to get more and more expensive -when thousands of dollars are spent ahead of time on refugees, only a few can be resettled on the kind of good bottommost they lost. Negative effects on health -brings an explosion of water-borne diseases -epidemics of river blindness, sleeping sickness, bilharzias, malaria, and yellow fever infecting 4/5 Inhabitants -when population grows, diseases will become a ver y serious threat (4) There are many countries In the world that do not have as many opportunities, or Is well developed as Canada. This may be because the nations do not have the resources to help them prosper or because of their government or many other reasons. Numerous less developed countries have been convinced that building supersede will help build their economy and provide what Is needed. However they are suffering upon the Issues that supersede brought with them. These Issues consist of effects on the ecosystem because of the flooding, groups of people who have been forced Into resettlement due to construction of the damns, the bad economy because they are expensive and the epidemic of diseases. Therefore, alluding supersede may not be worth It to Improve the standard living of people In less developed nations, as It causes negative environmental Impacts, relocating people Into other settlements, negative economic Impacts and causes health Implications. Invited to learn how to fish but did not enjoy it and were afraid of water -had to raise infecting 4/5 inhabitants -when population grows, diseases will become a very serious threat (4) There are many countries in the world that do not have as many opportunities, or is well developed as Canada. This may be because the nations do alluding supersede will help build their economy and provide what is needed. However they are suffering upon the issues that supersede brought with them.

A Review of the Dr. Seuss Classic, The Lorax

A Review of the Dr. Seuss Classic, The Lorax Since The Lorax, a picture book by Dr. Seuss, was first published in 1971, it has become a classic. For many children, the Lorax character has come to symbolize concern for the environment. However, the story has been somewhat controversial, with some adults embracing it and others seeing it as anti-capitalist propaganda. The story is more serious than most Dr. Seuss books and the moral more direct, but his wonderful zany illustrations, use of rhyme and made-up words and unique characters lighten the story and make it appealing to children 6 and older. The Story A little boy who wants to learn about the Lorax explains to the reader that the only way to find out about the Lorax is to go to the old Once-lers home and give him ...fifteen cents/and a nail/and the shell of a great grandfather snail... to tell the story. The Once-ler tells the boy it all began long ago when there was an abundance of brightly colored Truffula trees and no pollution. The Once-ler concentrated on expanding his business, adding to the factory, shipping more and more fruit and making more and more money. In telling the story to the little boy, the Once-ler assured him, I meant no harm. I most truly did not. / But I had to grow bigger. So bigger I got. The Lorax, a creature who speaks on behalf of the trees, appears to complain about the pollution from the factory. The smoke was so bad that the Swomee-Swans could no longer sing. The Lorax sent them off to escape the smog. The Lorax also angrily pointed out that all of the byproducts from the factory were polluting the pond and he also took the Humming-Fish away. The Once-ler had grown tired of the Loraxs complaints and angrily yelled at him that the factory was going to get bigger and bigger. But just then, they heard a loud sound. It was the sound of the very last Truffula tree falling. With no more Truffula trees available, the factory closed. All the Once-lers relatives left. The Lorax left. What remained was the Once-ler, an empty factory and pollution. The Lorax disappeared, leaving only a small piece of rocks, with the one word...UNLESS. For years, the Once-ler wondered and worried about what that meant. Now he tells the young boy he understands. UNLESS someone like you cares a whole awful lot, nothing is going to get better. Its not. The Once-ler then throws the very last Truffula tree seed down to the boy and tells him hes in charge. He needs to plant the seed and protect it. Then, maybe the Lorax and the other animals will return. Impact What makes The Lorax so effective is the combination of a step-by-step look at cause and effect: how unfettered greed can destroy the environment, followed by an emphasis on positive change through individual responsibility. The storys end emphasizes the impact one person, no matter how young, can have. While the rhyming text and entertaining illustrations keep the book from being too heavy, Dr. Seuss definitely gets his point across. Because of this, the book is frequently used in elementary and middle school classrooms. Dr. Seuss Dr. Seuss was the most prominent of several pseudonyms that Theodor Seuss Geisel used for his childrens books. For an overview of some of his most well-known books, see.

Leadership Theory and Leadership Styles Essay Example | Topics and Well Written Essays - 1000 words

Leadership Theory and Leadership Styles - Essay Example Leadership, as defined by Armandi, Oppedisano, and Sherman (2003), is basically about influencing and motivating a particular group towards achieving a common goal. It is centered on the kind of relationship between the leader and the members of the organization that can motivate people to work hard and strengthen the bonds existing within the organization. A good leader is inspirational and good with people. Leadership is about making the people feel motivated, devoted, and even inspired through persuasion and certainly not coercion. To get the real outcomes necessary in a highly competitive time, individuals need to desire to give their best, not just be required to do so, and this is exactly what Ford’s new CEO Alan Mulally has demonstrated since he started working for Ford Company. Despite of his limitations and the company’s difficult circumstances, Mulally has shown his desire, enthusiasm, and determination to help the company survive the recession back in 2000 an d eventually realize its potential towards success. He leads the entire team of Ford with a vision, passion, and heart that encourages and inspires his people to participate in the company’s business endeavors. Mulally, an American engineer and former aerospace guy at Boeing, has evidently changed the course of business for Ford. With his novel perspectives on leadership and management, he was able to help Ford picked up from its billions of losses specifically during the recession period. The most important feature of his leadership, which perhaps has greatly helped Ford survive, is the way he focuses on the most important and innovative idea that he thinks would best work for the company and for the people. He believes that focus is a vital component of a successful leadership because it takes a lot of thinking and rationalizing to get the right decision among the many opportunities available. When Mulally arrived at Ford in 2006, there were various uncertainties about his appointment as the organization’s new leader. The very fact that he was an outsider and knew nothing about the car industry created a lot of suspicions from the other members of the organization (Kiley, 2009). Yet, Mulally remained focus on thinking about ways to improve the organization from within to its overall performance in the market (Taylor III, 2009). As a leader, Mulally adopts the democratic or participative leadership style. A democratic or participative administrator’s style basically encourages the participation of each member of the organization in decision-making (Armandi, Oppedisano & Sherman, 2003). The leader or management team consults the entire group before it concludes any matter in the organization. In this kind of administration, it is highly essential to win the cooperation of the team or organization members because this will motivate them effectively and optimistically. Mulally changed the bureaucratic system of the company and increased part icipation from employees of different departments and levels: When I arrived there were six or seven people reporting to Bill Ford, and the IT person wasn't there, the human resources person wasn't there†¦ So I moved up and included every functional discipline on my team because everybody in this place had to be involved and had to know everything. (Taylor III, 2009, para. 26) Mulally’s participative leadership style is even more reflected through how he promotes open and effective communication

Livingstone, Sauer and French Regional Geography Essay

Livingstone, Sauer and French Regional Geography - Essay Example Livingstone, initially a missionary, explored Africa during the new imperial age of exploration opening new paths for European ideals. Coming into close contact with Africa’s slave trade, he intended to replace the slave trade with Christianity and commerce as carriers of the â€Å"civilization† he felt Africa needed, but he was not successful as a missionary and made numerous geographical errors (Sykes 1996). His miscalculations nearly sacrificed his Zambezi expedition and he thought he had found the source of the Nile only to realize later that it was the upper Congo (Sykes 1996). Sauer is considered one of the founding fathers of American geography marking the initial separation of physical geography from human or cultural geography. His predominant concern was the relationship between people and their environment and he stressed the importance of anthropology. Coming from a scientific background, his purpose was a scientific observation of other traditions and religions. In his presidential address delivered to the Association of American Geographers in 1940, Sauer explains his academic three-point underpinning to the study of geography including the studies of the history of geography, physical geography, and anthropology (Sauer 1997). The main difference between Livingstone and Sauer can be found in anthropology, which stresses the importance of avoiding ethnocentricity. Livingstone, an example of the contrary, considered the Africans â€Å"wild† and described them as â€Å"humans of a lower form† (Crawfurd 2005). Sauer was a follower of human geography feeling â€Å"human geography... is a science that has nothing to do with individuals but only with human institutions, or cultures† (Sauer 1997) and remained interested in how the environment is managed. â€Å"The design of science that Montesquieu, Herder, and Buckle forecast, failed because we know that natural law does not apply to social groups †¦ We have come to know that environment is a term of cultural appraisal which is itself a ‘value’ in cultural history† (Sauer 1997).

Death and Absurdism in Camuss The Stranger Essay Example for Free

Death and Absurdism in Camuss The Stranger Essay In his novel The Stranger1, Albert Camus gives expression to his philosophy of the absurd. The novel is a first-person account of the life of M. Meursault from the time of his mothers death up to a time evidently just before his execution for the murder of an Arab. The central theme is that the significance of human life is understood only in light of mortality, or the fact of death; and in showing Meursaults consciousness change through the course of events, Camus shows how facing the possibility of death does have an effect on ones perception of life. The novel begins with the death of Meursaults mother. Although he attends the funeral, he does not request to see the body, though he finds it interesting to think about the effects of heat and humidity on the rate of a bodys decay (8). It is evident that he is almost totally unaffected by his mothers death – nothing changes in his life. In other words, her death has little or no real significance for him. When he hears Salamano, a neighbor, weeping over his lost dog (which has evidently died), Meursault thinks of his mother – but he is unaware of the association his mind has made. In fact, he chooses not to dwell on the matter but goes to sleep instead (50). It is when he is on the beach with Raymond Sintes and M. Masson and they confront two Arabs (who have given Raymond trouble) that Meursault first seems to think about the insignificance of any action – therefore of human existence. He has a gun and it occurs to him that he could shoot or not shoot and that it would come to the same thing (72). The loss of a life would have no significance – no affect on life as a whole; and the universe itself is apparently totally indifferent to everything. Here he implicitly denies the existence of God, and thus denies morality, as well as the external meaning (if it may be so distinguished from the internal or individual existential meaning) of life and death. (This latter, existential meaning is later affirmed, as we shall see. ) Meursault kills one of the Arabs in a moment of confusion, partially out of self-defense, but does not regret it eve though it means going to prison and, ultimately, being executed. He has the fatalistic feeling that whats done is done, and later explains that he has never regretted anything because he has always been to absorbed by the present moment or by the immediate future to dwell on the past (127). In a sense, Meursault is always aware of the meaninglessness of all endeavors in the face of death: he has no ambition to advance socio-economically; he is indifferent about being friends with Raymond and about marrying Marie; etc. But this awareness is somehow never intense enough to involve self-awareness – that is, he never reflects on the meaning of death for him – until he is in prison awaiting execution. Of course, the meaning of anothers death is quite difference from the meaning of ones own death. With the former, one no longer sees that person again; with the latter, ones very consciousness, as far as we know, just ends – blit! – as a television picture ends when the set is switched off. Death marks all things equal, and equally absurd. And death itself is absurd in the sense that reason or the rational mind cannot deal with it: it is a foregone conclusion, yet it remains an unrealized possibility until some indeterminate future time. The meaning of death is not rational but, again, is existential – its implications are to be found not in abstraction but in the actuality of ones life, the finality of each moment. Before his trial, Meursault passes the time in prison by sleeping, by reading over and over the newspaper story about the (unrelated) murder of a Czech, and by recreating a mental picture of his room at home in complete detail, down to the scratches in the furniture. In this connection, it must be admitted that he is externally very sensitive and aware, despite his lack of self-understanding and emotional response. This is evidence by his detailed descriptions. He is especially sensitive to natural beauty – the beach, the glistening water, the shade, the reed music, swimming, making love to Marie, the evening hour he like so much, etc. He even says that if forced to live in a hollow tree truck, he would be content to watch the sky, passing birds, and clouds (95). After his trial (in which he is sentenced to be executed), he no longer indulges in his memories or passes the time in the frivolous way he was accustomed to spend Sundays at home. At first, he dwells on thoughts of escape. He cannot reconcile the contingency of his sentence (Why guilt? Why sentenced by a French court rather than a Chinese one? Why was the verdict read at eight pm rather than at five? etc. ) with the mechanical certainty of the process that leads inevitably to his death (137). When he gives up trying to find a loophole, he finds his mind ever returning either to the fear that dawn would bring the guards who would lead him to be executed, or to the hope that his appear will be granted. To try to distract himself from these thoughts, he forces himself to study the sky or to listen to the beating of his heart – but the changing light reminds him of the passing of time towards dawn, and he cannot imagine his heart ever stopping. In dwelling on the chance of an appeal, he is forced to consider the possibility of denial and thus of execution; therefore, he must face the fact of his death – whether it comes now or later. One he really, honestly admits deaths inevitability, he allows himself to consider the chance of a successful appeal – of being set free to live perhaps forth more years before dying. Now he begins to see the value of each moment of the life before death. Because of death, nothing matters – except being alive. The meaning, value, significance of life is only seen in light of death, yet most people miss it through the denial of death. The hope of longer life brings Meursault great joy. Perhaps to end the maddening uncertainty and thus intensify his awareness of deaths inevitability (therefore of the actuality of life), or, less likely, as a gesture of hopelessness, Meursault turns down his right to appeal (144). Soon afterwards, the prison chaplain insists on talking to him. Meursault admits his fear but denies despair and has no interest in the chaplains belie in an afterlife. He flies into rage, finally, at the chaplains persistence, for he realizes that the chaplain has not adequately assessed the human condition (death being the end of life) – or, if he has, the chaplains certainties have no meaning for Meursault and have not the real value of, say, a strand of a womans hair (151). Meursault, on the other hand, is absolutely certain about his own life and forthcoming death. His rush of anger cleanses him and empties him of hope, thus allowing him finally to open up completely and for the last time to the benign indifference of the universe (154). He realizes that he always been happy. The idea of death makes one aware of ones life, ones vital being – that which is impermanent and will one day end. When this vitality is appreciate, one feels free – for there is no urgency to perform some act that will cancel the possibility of death, seeing as though there is no such act. In this sense, all human activity is absurd, and the real freedom is to be aware of life in its actually and totally, of its beauty and its pain. ALBERT CAMUS THE STRANGER WHAT IF THE PAST HAS NO MEANING AND THE ONLY POINT IN TIME OF OUR LIFE THAT REALLY MATTERS IS THAT POINT WHICH IS HAPPENING AT PRESENT. TO MAKE MATTERS WORSE, WHEN LIFE IS OVER, THE EXISTENCE IS ALSO OVER; THE HOPE OF SOME SORT OF SALVATION FROM A GOD IS POINTLESS. ALBERT CAMUS ILLUSTRATES THIS EXACT VIEW IN THE STRANGER. CAMUS FEELS THAT ONE EXISTS ONLY IN THE WORLD PHYSICALLY AND THEREFORE THE PRESENCE OR ABSENCE OF MEANING IN ONES LIFE IS ALONE REVEALED THROUGH THAT EVENT WHICH HE OR SHE IS EXPERIENCING AT A PARTICULAR MOMENT. THESE THOUGHTS ARE PRESENTED THROUGH MEURSAULT, A MAN DEVOID OF CONCERN FOR SOCIAL CONVENTIONS FOUND IN THE WORLD IN WHICH HE LIVES, AND WHO FINDS HIS LIFE DEPRIVED OF PHYSICAL PLEASUREWHICH HE DEEMS QUITE IMPORTANTWHEN UNEXPECTEDLY PUT IN PRISON. THE OPENING LINE OF THE NOVEL SETS THE TONE FOR MEURSAULTS DISPASSION TOWARDS MOST THINGS. THE NOVEL IS INTRODUCED WITH THE WORDS: MAMAN DIED TODAY. OR YESTERDAY MAYBE, I DONT KNOW (3). ALTHOUGH THE UNCERTAINTY ORIGINATES WITH AN AMBIGUOUS TELEGRAM, IT SEEMS THAT THE TON MIDDLE OF PAPER OR THEIR EMOTIONS IN GENERAL. HE DOES NOT FOLLOW CONVENTIONAL SOCIAL BELIEFS NOR DOES HE BELIEVE IN GOD, NOR SALVATION. MEURSAULT HOWEVER LOVES HIS LIFE. IT IS A PURE LOVE DERIVED FROM ENJOYING HIS EXISTENCE ON A DAY-TO-DAY BASIS, RARELY LOOKING BACK AND NEVER LOOKING FORWARD. HIS LOVE IS NOT DEPENDENT ON DOING WHAT SOCIETY OR SOME RELIGION HAS DEEMED CORRECT, BUT ON WHAT HE FEELS HE WANTS TO DO DESPITE WHAT MOST WOULD CONSIDER COMMON. WORK CITED CAMUS, ALBERT. THE STRANGER. TRANS. MATTHEW WARD. NEW YORK: VINTAGE INTERNATIONAL, 1989. IN ALBERT CAMUS’ â€Å"THE STRANGER† THE â€Å"STORY OF AN ORDINARY MAN WHO GETS DRAWN INTO A SENSELESS MURDER† IS TOLD. TAKING PLACE IN ALGERIA THIS MAN, MEURSAULT, IS CONSTANTLY IN A CLIMATE OF EXTREME WARMTH, AS ARE ALL THE INHABITANTS THEREIN. THE SUN, THE SOURCE OF LIGHT AND THE CAUSE OF THIS WARMTH, IS THUS A VITAL AND NORMAL PART OF HIS LIFE. IT BRINGS WARMTH AND COMFORT YET IT CAN ALSO CAUSE PAIN AND SICKNESS. THROUGHOUT MOST OF HIS LIFE MEURSAULT HAS LIVED WITH THE CONFLICTING FORCES OF THE SUN AND LIGHT, AS A FRIEND AND FOE. HOWEVER IN CHAPTER 6 THESE FORCES BECOME UNBALANCED AND THE SUN BECOMES AN AGGRESSOR CAUSING MEURAULT PHYSICAL PAIN AND JOLTING HIM INTO VIOLENT ACTION. ALTHOUGH THE SUN BECOMES INCREASINGLY AGGRESSIVE AS THE NOVEL TRANSPIRES, IN THE BEGINNING ITS FORCES WERE BALANCED CAUSING SOME GOOD AND SOME BAD EFFECTS. THE MOST EVIDENCE OF THE SUN AS A FOE IS FOUND DURING MEURSAULT’S MOTHER’S WAKE AND FUNERAL. DURING THE WAKE MEURSAULT IS CONSTANTLY â€Å"BLINDED† BY THE BRIGHT LIGHT. THIS COMBINED WITH â€Å"THE WHITENESS OF THE ROOM† â€Å"[MAKES HIS] EYES HURT. † HOWEVER, THIS SAME LIGHT ALSO CREATES A â€Å"GLARE ON THE WHITE WALLS†¦. MAKING [HIM] DROWSY† AND ALLOWING HIM RESPITE FROM THE KNOWLEDGE OF HIS MOTHER’S DEATH. SO, ALL AT ONCE LIGHT WAS GOOD AS WELL AS BAD FOR MEURSAULT. AGAIN, DURING THE FUNERAL â€Å"WITH THE SUN BEARING DOWN† THE HEAT WAS â€Å"INHUMAN AND OPPRESSIVE,† CAUSING MEURSAULT GREAT PHYSICAL DISCOMFORT. YET, IN THE SAME TOKEN, THE HEAT IS ALSO â€Å"MAKING IT HARD FOR [MEURSAULT] TO †¦ THINK STRAIGHT† THEREBY ALLOWING HIM AN ESCAPE FROM HIS MOTHER’S DEATH. NOT ALL OF THE SUN’S EFFECTS HAVE A FLIP SIDE HOWEVER; THROUGHOUT THE NOVEL â€Å"THE SUN [DOES MEURSAULT] A LOT OF GOOD,† BY WARMING HIM AND MAKING HIM FEEL ALIVE. THUS, ALTHOUGH BOTH POSITIVE AND NEGATIVE SITUATIONS COME FROM THE