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Maslow’s Hierarchy of Needs by Bob Poston, cst An Exercise in Personal Exploration: Maslow’s Hierarchy of needs is a valuable assessment tool that is used in many different professions, particularly those in the fields of education and health care. the ideas of needs are addressed in order, as the body resolves the most basic needs for survival before moving on to more complex needs. M ny educational programs in the health care field teach Maslow’s hierarchy in order to address the needs of patients and where they are in their life from a psychological perspective, simply because it helps identify and address the needs of those particular patients. The idea of using a hierarchy pyramid helps us to lay out the stages of need, starting with the base of the pyramid, which looks at physiological needs. As we work our way up the pyramid, the needs start to become more complex, and include safety needs, social needs, esteem needs, and finally, at the very top, we have self-actualization.This article explores the theories of Abraham Maslow in detail, as well as addresses the controversies that have been questioned in his theory. This article will also evaluate the impact of these theories on human behavior and assess each of the components comprised within Maslow’s Hierarchy Pyramid. learning OBJec tives s identify the different levels of Maslow’s Hierarchy of needs s Compare and contrast the differences between being needs and deficit needs s explain the process of selfactualization s examine how Maslow’s Hierarchy of needs impacts patient careBiographical outline Born on April 1, 1908, in Brooklyn, New York, Abraham Maslow was the first of seven children. 1 The son of under-educated Jewish immigrants, Maslow didn’t have many friends as a young s Consider the challenges to Maslow’s theories and formulate a response  © 2009 Association of Surgical Technologists For reprint permission: [email  protected] org A UGUST 2009 | the surgical technologist | 347 food and play, they would in more cases choose the food. The same was true when it came to the monkeys’ choice between water and food.The water would always be chosen as the Selfpriority over food. Self-fulfullment actualization: needs achieving one’s As the observations continued, a full potential, pattern emerged. Maslow could see, on including creative a physiological level, that if the monactivities keys didn’t have food, but had water, Esteem needs: the group was less aggressive than prestige and feeling of accomplishment Psychological those that had the water taken away needs Belongingness and love needs: from them. 1 The same held true with intimate relationships, friends safety needs.If all of the physiologiSafety needs: cal needs were met, then the monkeys’ security, safety Basic behavior became more profound when needs Physiological needs: it came to establishing social roles and food, water, warmth, rest dominance. Maslow later transitioned this idea over to human behavior and was able to establish physiological needs over child, but found his sense of self by reading books. He safety needs, safety needs over belongingness needs, belongbegan his college journey by attending City College of New ingness needs over esteem needs, and esteem needs.The York, and later transferred to Cornell University, before needs, in turn, form the first four components of the pyragoing back to City College of New York. After realizing a mid, and are addressed as deficit needs. Self-actualization, keen interest in psychology, he moved to Wisconsin, where the fifth component, addresses the need of being, which he studied at the University of Wisconsin. Throughout defines one’s own place in the universe. the 1930s, Maslow earned his BA, MA and PhD. Later, When an individual does not have enough of something, he returned to New York, where he not only taught full he or she has a deficit, ultima tely creating what Maslow has time at Brooklyn College, but he also became interested in termed â€Å"deficit needs. †1 When individuals eat and drink, human sexuality. for example, the need for water and food is met, so there Maslow served as chair of the Department of Psy- is no longer a motivating factor to obtain water or food, chology at Brandeis from 1951-61. While there, he met and the deficit need has temporarily been satisfied. Deficit a well-established researcher named Kurt Goldstein, who needs comprise or make up the four lower components of developed the idea of â€Å"self-actualization. † This concept Maslow’s hierarchy pyramid. fascinated Maslow, and it was through this notion that he On the other hand, Maslow also mentions the idea of pursued the idea of humanistic psychology, which he ultiâ€Å"being needs. † Being needs have nothing to do with deficit mately valued more than his own research.Maslow died needs. Being needs are internal, a nd are at the very top of on June 8, 1970. 1 Maslow’s hierarchy pyramid, which ties into self-actualization. 2 An example here might be drawing one’s own conclucreating the hierarchy of needs sions of where and who he or she is spiritually. This internal Abraham Maslow is well known for the creation of the concept is addressed as self-actualization. hierarchy of needs. The way he came up with this idea The following sections of this article will address each was by studying and observing monkeys.During observalevel of Maslow’s Hierarchy of Needs in more detail in an tion, he noticed that they displayed a very unusual pattern effort to see how they apply to individuals, and how they of behavior that addressed priorities based on individual can define who and where an individual is in his or her life. needs. If, for example, the monkeys had a choice between FIGURE 1: MASLOW’S HIERARCHY PYRAMID 348 | the surgical technologist | AUGUST 2009  © 2009 Associat ion of Surgical Technologists For reprint permission: [email  protected] orgPHYSIOLOGICAL NEEDS With so many different capabilities, from the regulation of temperature and hormones to the processing of water, food and the elimination of waste, the living body is the most unique machine in the universe. Despite its relative fragility, the human body can live for many years. Every single detail is so integral, from how the body processes oxygen through millions and millions of tissue cells, to the thousands of miles of arteries that carry blood and nutrients to those tissues. With this being said, there is still the need to meet the very basic essentials of ife: the body must take on oxygen, water and food. Before any further growth can take place, this very basic need has to be met. This is what Maslow addresses as a physiological need—the need for the body to work in unison to accomplish the task of basic survival. Physiological needs are influenced generally through the cr avings that we have. If a person is thirsty, he or she finds a drinking fountain. Similarly, if the individual is hungry, he or she will find food. If the body is being deprived of oxygen, it will surely react. If there is a vitamin deficiency, the body has subtle ways of fulfilling that need.One example of how the body regulates itself on a physiological level is by homeostasis. Homeostasis simply means to regulate. A part of the human brain, called the hypothalamus, plays an important role in keeping the body regulated by controlling the body’s thermostat, which is controlled by the release of several hormones called gonadotropins. If a female produces too much estrogen, the hypothalamus releases a hormone called luteinizing hormone that triggers ovulation, therefore acting like a shut-off switch for the amount of estrogen present.If the thyroid gland produces too much thyroxin, the hypothalamus produces a hormone to switch off the flow of the thyroxin. These are Throughout life, the idea of physiological needs remains consistent. The need to maintain adequate physiological balance will always be essential†¦ just a few examples of homeostasis at work, however, there are many circulatory hormones that are needed to maintain normal bodily functions. Another prime example is the release of the â€Å"fight or flight† hormones that are secreted by the adrenal medulla of the adrenal glands.If there is a need for the body to defend itself, these hormones will surge into action to prepare the body for fight or flight. These hormones, although they play an important role, are kept in compliance by regulatory mechanisms within the brain. 3 Throughout life, the idea of physiological needs remains consistent. The need to maintain adequate physiological balance will always be essential, and may kick into action in very different ways at various different times, whether the individuals experiencing it are aware of it or not.For example, how would anyone ever get a good night’s sleep if they had to literally think about their breathing pattern, heart rate or blood pressure on a conscious level? Sure some people may have to get up during the night to use the restroom or grab a glass of water, but remember that this is all part of how the body regulates itself. The notion that physiological needs tie into other, more complex needs of the hierarchy is very relevant. Maslow The basic principles of Maslow’s hierarchy have been observed in primates.  © 2009 Association of Surgical Technologists For reprint permission: [email  protected] rg AUGUST 2009 | the surgical technologist | 349 Again, this need will change depending on where an individual is in his or her life. For a young child, approvalseeking behaviors may become more commonplace. The child may engage in activities to get his or her parents’ attention by exploring or asking lots of questions. In a sense, the child needs to feel an emotional or social co nnection with SAFET Y NEEDS his or her parents. As the child evolves into a teenager, he Much like physiological needs require maintenance throughout life, so does the need to feel secure.This need is or she will more than likely become more socially active in more psychological. With that being said, safety needs may peer groups. Generally, whatever gets reinforced, supported, be different for each individual, depending on where he or or accepted by these peer groups will often determine which type of group the adolescent will affiliate him or herself she is in life. For a child, this need may manifest as the need with. This idea can be noticed at any point throughout an individual’s life. Safety needs may be different for each individual, depending on As youths ature into adulthood, they tend to affiliate with those indiwhere he or she is in life. For a child, this need may manifest as viduals or groups who accept them. A sense or a need to belong, at any the need for a saf e family environment. There has to be security stage, is influenced by several factors. in the home, with warmth and love. Some of these influences, for example, are socio-economic influences: the education level of parents and family, 4 the neighborhood in which the child grows up and the type for a safe family environment.There has to be security in the home, with warmth and love. When a family is dysfunc- of schools where they are educated, as well as the children tional, it makes it difficult for that child to move up to the who attend those schools. Whatever type of behavior is learned and accepted, based on these variables, is likely the next level of social needs because fear is often present. For adults, this need may be economic in nature. If a behavior that will form a particular individual’s character person loses his or her job, for example, fear and anxiety and self-esteem.The level of belonging must be established because of its will have an impact on that perso n’s social life, and may effect on one’s self-esteem. If the level of belonging in the cause him or her to regress. 5 Additionally, adults are not hierarchy model is low, or an individual is viewed negatively immune to the need of safety. In some parts of the world, where there is chaos, people are stuck at this level of need- by peers in that group, he or she may develop social anxiety ing to feel safe. The goal of consistently meeting the need for and may withdraw toward a level of people in which he or safety is to have stability in one’s life.It is the idea of being she fits in socially. If a child grows up in a neighborhood able to walk around the block at night without the worry of where there are street gangs, and attends schools in that being mugged. It is the idea of feeling secure in the work- neighborhood with the families of those street gangs, then place. It is conclusive that fear hinders one’s ability to move the likelihood of the child to adapt and take on that form of character becomes more likely. According to Maslow, the on to the more advanced platforms of Maslow’s pyramid. eason for this behavioral pattern is likely due to the peer groups that the child grew up with. BELONGING NEEDS This is not meant to imply that all children who grow up Advancing up the hierarchy pyramid, the next level reprein this type of neighborhood will join a gang, simply that sents the need to belong on a social level. The social level generally becomes the priority only after the physiological there is a higher likelihood of that outcome. On the other and safety needs have been sufficiently met and maintained. and, if a child is brought up in a more affluent neighborhood, it is likely that the parents will also be more educated. A sense of belonging can be felt when an individual becomes more focused on the desire to build relationships with others. In this scenario, it is more likely that the child will develop This includes th e desire for a romantic partner, to have close and adapt to the peer groups in which education is more of a priority. The influence in a child’s upbringing starts friends, and maybe to get married and have children. 1 elieved that once the physiological needs are met in sufficient detail, people move on to address these more complex needs. Safety and security make up the next platform of the pyramid. 350 | the surgical technologist | AUGUST 2009  © 2009 Association of Surgical Technologists For reprint permission: [email  protected] org with a home and family that secures the previous levels of Maslow’s hierarchy by meeting and maintaining the foundation levels of needs. Relieving any anxiety or fear will help put more emphasis on social development, and with this will come a healthier self-esteem.ESTEEM NEEDS Once the needs of physiology, safety and belonging have been met, the individual will now move on to the needs of their self-esteem. Self-esteem, like all th e prior needs, must also be maintained. This is the highest platform in the category of deficit needs. 1 The process of growth, when addressing one’s self-esteem, builds the bridge to one’s awareness. Self-esteem begins to establish itself in life as early as age two. Maslow’s hierarchy addresses two levels of self-esteem. One of those is a lower level and the other is a higher level.Maslow’s hierarchy is a two-way street. A person can spend a lifetime traveling between the two extremes. The lower form of self-esteem is directly related to an individual’s ego, meaning that there is a strong need to be respected by others. 4 Within this lower form, the individual still remains focused on acceptance by others. This lower form of self-esteem is met when an individual has established a level of status, recognition, fame, reputation and appreciation, just to name a few. These areas in a person’s life take work to maintain.They may also require so me reinforcement or validation of some kind in order for this lower form of self-esteem to be maintained. The higher form of self-esteem that Maslow addresses is that of self-respect. This higher form of self-esteem requires less maintenance because through accomplishment, it becomes a permanent part of who the individual is. We can say that once a person has gained respect for himself or herself, it is much harder to lose that respect or to have it taken away. People on the higher end of selfesteem generally like who they are.The idea of confidence in ability, the mastery of something, or the competence that is established in what these people do, supports this higher form of self-esteem. These forms of self-esteem should not be confused with an individual having high or low self-esteem. Individuals with low self-esteem often have a low opinion of themselves and their self-image. As a result, inferiority complexes are present in the individual. With this idea in mind, Maslow conten ds that the majority of people’s psychological problems are due to low self-esteem.The realism here is that if a person don’t like himself or herself, or who he or she is or what he or she has accomplished, then that person will be more critical of himself or herself. Through that process, negative self talk is born, and can create a barrier to achieving personal success. How does low self-esteem impact these lower and higher forms of selfesteem in general? If an individual has low self-esteem, the lower form of self-esteem affects the individual on a social level. The individual may, for example, constantly attempt to seek or validate feedback and acceptance on a social level from his or her peers.With regard to the higher form of selfesteem, in the individual with low selfesteem may display a lack of respect for himself or herself and the expectations that they place upon themselves would be unrealistic, or perhaps in some cases these expectations would be placed by others rather than being placed by the individuals themselves. It is amazing that all of the prior needs within Maslow’s hierarchy, including physiological, safety, and even belongingness needs are frequently met, especially in modern society and developed countries.Imagine if more people just had a little respect for themselves in the grand scheme of things.  © 2009 Association of Surgical Technologists For reprint permission: [email  protected] org AUGUST 2009 | the surgical technologist | 351 THE CONTROVERSY As we take a look at Abraham Maslow’s hierarchy pyramid, there is some controversy as to how it relates directly to humanistic psychology. Is there enough evidence to support this hierarchy when it comes right down to how people develop emotionally?Maslow set forth with the notion that these stages along Self-actualizers are focused on what matters most in defining the course of development match up with how people experience psychowho they are. Once self-re spect is gained, the individual can take logical growth. The primary contention is that a more proactive approach to bettering themselves, as well as anyone in society can regress back to, being able to remain focused on resolving any dilemmas †¦ or value an alternative aspect of the hierarchy pyramid in a way that is not parallel with Maslow’s model.For example, some cultures may be more fixated on belongto figure out, or it can be the determining factor of how well ing over safety, or esteem over belonging. 5 To answer these he or she is connected with his or her self and abilities. People who are self-actualizers are focused on what challenges, many experts believe that Abraham Maslow’s matters most in defining who they are. Once self-respect is hierarchy doesn’t always follow in sequence with how it gained, the individual can take a more proactive approach was intended.If the notion of self-esteem, for example, is thought to develop in children as early as two years of age, to bettering themselves, as well as being able to remain focused on resolving any dilemmas that may arise regarding then why does Maslow address esteem needs so high up in the deficit stages. Self-actualizers may be more generative in the hierarchy pyramid? Humanistic psychology does challenge some of these notions, even though Maslow was a the sense that the focus is no longer as much about pleasbeliever in humanistic psychology. ng others as it is giving back or sharing this part of who Another oft-challenged aspect of his work is that Maslow they are. 6 In other aspects, it can also appear to be spiritual. himself defined self-actualizers as people of great accomLooking at one’s life as to who he or she is in the universe is a good example. Once a person is able to come to terms plishment, such as former presidents, dignitaries and great discoverers. With that being said, it is very difficult to place with who they are, and they are ultimately satisfi ed with an emphasis on the concept of self-actualization.How sigthat, then they have truly reached the point of being able nificant is the concept of the self-actualizer? The only way to self-actualize. With this level of intuition comes a sense of peace, which that to answer that question is to say that all people are at in turn serves as a motivator to focus on more advanced different stages of development, and all of them are selftasks in life, such as supporting the moral and ethical stan- actualizers in some form. SELF-ACTUALIzATION Self-actualization is defined by Maslow as the single component of being within the hierarchy model.Being, in this sense, means not being a part of the deficit needs as they appear within the lower chain of the hierarchy. 1 This need is independent—there must be some accomplishment of all the other deficit needs, which are best defined as what we appear to be, according to the standards of society. Selfactualization is the internal dialogue t hat everyone establishes at some point in their lives. In order to do that, there must be some establishment or satisfaction of the prior needs. Once all of the previous needs have been met, an individual can direct his or her focus toward a true calling.Usually when a person is hungry, or they don’t feel safe, or they feel unloved, the focal point leans towards resolving those issues, therefore disrupting the focus on self-actualizing. With self-actualization, being able to pinpoint how one truly feels about something is often a little more challenging dards in life. There is a more in-depth focus on bettering oneself and expanding one’s knowledge and talents. The real definition to self-actualizing is getting to know oneself, while being okay and unconditionally accepting of whatever it is that he or she discovers.The question every individual must face is, do you like and accept who you are? Once that question is answered, then self-respect is gained. Once an indivi dual establishes that respect for his or herself, no one can take that away. In this context, Abraham Maslow is justified in establishing self-actualization in a category by itself that quantifies the need of being separately from the need of deficit. 352 | the surgical technologist | AUGUST 2009  © 2009 Association of Surgical Technologists For reprint permission: [email  protected] org verview When looking at Maslow’s hierarchy pyramid, an important concept to remember is that anyone at anytime can regress back to any point within the hierarchy structure that Maslow addresses. How does this impact human behavior? Looking back at the very basics of physiological needs for example, people need to feel good. It does not matter if a person is employed as a janitor or a top-notch cardiac surgeon, if he or she is diagnosed with a disease that impacts them physically, he or she is likely to regress back towards satisfying any physiological needs that may come about.The affecte d individual’s attitude towards the prognosis of this disease will likely contribute towards a shift in his or her priorities. Emotionally, the feelings of love and belonging may be impacted in the sense that they may want to ensure that their loved ones are safe when they pass. With regard to esteem, for some, there may be a great sense of loss, while others may come to terms with the fact. With that being said, there are circumstances that affect each individual with regard to where he or she stands in the hierarchy pyramid. Is everyone a self-actualizer? Yes. For each individual, this experience is different.It is experienced at different depths depending on individual life experiences. The more in touch one is with one’s inner self, the better he or she can control, and often master, one’s self-talk. It is also important to remember that all individuals are constantly impacted by the forces of life, some of which are far beyond personal control. When the opp ortunity arises to experience this hierarchy, and the needs of deficit are fully met, it allows the individual to make a closer connection with the concept of self-actualization. Also, when these deficit needs are met, self-actualization, in a sense, is likely to become even more enhanced.The bottom line is that everyone is effected emotionally at every level of Maslow’s Hierarchy of Needs. If early life experiences as a child are positive, and needs are being met, that individual will excel in the area of self-confidence and self-esteem at much faster rate. It helps to establish a strong foundation for life. Later, the individual is able to establish a much stronger set of coping mechanisms when one of the deficit needs isn’t being met. Additionally, when adverse circumstances confront the individual, he or she is often better-equipped with the ability to problem solve and confront the challenge confidently.Conversely, if early life experiences as a child are negative , and needs are not met, that individual’s foundation isn’t as secure, and he or she is not as likely to excel in selfconfidence and self-esteem, rather, he or she is likely to get trapped a state of constantly seeking approval from peers. He or she may develop a fear of making mistakes. The majority falls somewhere in between what is positive in life and what is negative. Ultimately, individuals who develop a strong, well-established foundation are likely to be emotionally strong and can exercise a stronger sense of self control.Those whose foundation is shaky and not very stable will focus more on protecting it, therefore having less confidence in that foundation. ABOUT THE AUTHOR Robert A Poston, cst has been a surgical technologist since 1993. He began his work in education with Concorde Career College in North Hollywood, California in 1997. He has been a guest speaker with the California State Assembly of Surgical Technologists in 2001 and 2003. Robert Poston is c urrently the Program Chair for Surgical Technology at Everest College in Thornton, Colorado. He has also served as an item writer for the National Certification Exam for Surgical Technology.RefeRences 1. Boeree, George C. â€Å"Abraham Maslow, 1908-1970. † Personality Theories. 2006. Available at: http://webspace. ship. edu/cgboer/maslow. html. Accessed 4/9/2009. 2. BambooWeb Dictionary. â€Å"Maslow’s Hierarchy of Needs. † 2009. Available at: http://www. bambooweb. com/articles/m/a/Maslow’s_hierarchy_of_needs. html. Accessed: 4/9/2009. 3. Applegate, Edith. The Anatomy and Physiology Learning System. 2000. p 214-215. 4. Drinnien, Beverly; Irwin, Donald; Simons, Janet. Psychology—The Search for Understanding. West Publishing Company. New York. 1987. Available at: http://honolulu. awaii. edu/intranet/committees/FacDevCom/guidebk/ teachtip/maslow. htm. Accessed: 4/9/2009. 5. NetMBA Business Knowledge Center. â€Å"Maslow’s Hierarchy of Needs. † 2007. Available at: http://www. netmba. com/mgmt/ob/motivation/maslow/. Accessed: 4/9/2009. 6. Van Wagner, Kendra. â€Å"Self-Actualization and the Hierarchy of Needs. † 2009. Available at: http://psychology. about. com/od/theoriesofpersonality/a/ hierarchyneeds_2. htm. Accessed: 4/9/2009.  © 2009 Association of Surgical Technologists For reprint permission: [email  protected] org AUGUST 2009 | the surgical technologist | 353

Global Perspective on Health Policy Essay

Introduction A macro perspective on health policy issues can be helpful to identify how problems become policy issues and how these issues result in the creation of health care policy. The neglected epidemic of Chronic Disease also known as non- communicable diseases are a controversial issue that needs to be addressed in the world. In this paper, the writer will provide an explanation of how this issue has resulted from a policy’s creation. Identify the steps in the state and federal policy development process. Furthermore, differentiate between policy development and implementation. Also, explain how stakeholders become involved in the process and why their voices often become a driver for change in health policy. What is Chronic Disease? Non-communicable diseases (NCDs), also known as chronic diseases are not transferred from person to person. They are slowly progressed over time. The four main kinds of non-communicable diseases are cardiovascular diseases such as strokes or heart attacks, any type cancer, chronic respiratory diseases like chronic obstructed pulmonary disease and diabetes. Other Chronic Diseases that affect many Americans are, Obesity and Overweight, Asthma, Epilepsy, Food Allergies, Glaucoma, Alzheimer’s, and Heart Disease (Non-communicable diseases. 2014). A Chronic Disease is a long-term illness that can be controlled, but not healed. The worldwide population is affected by chronic diseases. In the United States, chronic disease is the leading cause of disability and death that accounts for 70% of all deaths. Out of these premature deaths, 90% effect low- income and middle-class population. The World Health Organization shows that chronic illnesses are also the main reason for untimely deaths everywhere, even in places where communicable ailments are widespread (What is Chronic Disease?. 2011). According to the article, chronic disease is the most preventable and can be successfully controlled, and they are also very costly health issues and the most common. With the proper care and treatment, these long-term diseases can be controlled (What is Chronic Disease?. 2011). The Epidemic of Chronic Disease In today’s society, Chronic Disease is responsible for an enormous percentage of diseases in people. Non-communicable diseases affect all regions of the  world and age groups. People before the age of 60 attribute to 9 million of the deaths associated with chronic disease. Even though Chronic Disease are a huge problem in low-income areas, these diseases and risk are not exclusive to more wealthy Americans (Horton, R. 2005). The most vulnerable to the risk factors that contribute to chronic diseases are adults, elderly and children. Studies prove that it comes from unhealthy diets, exposure and use of tobacco products, not regularly exercising and harmfully using alcohol. Non-communicable disease are driven by aging and the globalization of unhealthiness in our lives (Non-communicable diseases. 2014). The globalization of unhealthiness like eating unhealthy can result in high blood pressure, overweight and obesity, high blood glucose levels, and higher blood lipids. Many of these risk factors can be lead to cardiovascular disease, which is a common NCD (Non-communicable diseases. 2014). The Center for Managing Chronic Disease (CMCD) aims help in the effectiveness with management and prevention in chronic disease. The main goal of CMCD is to help people at risk, or that are most vulnerable. Conducting advanced research and publicizing the results to aid in policy change and practices (What is Chronic Disease? 2011). On September 2011, a meeting with the UN High Level on Non-Communicable Diseases was an exceptional chance to produce a sustained global drive contrary to preventable disease and disability, premature death for chronic diseases, like stroke, cancer, heart disease and respiratory disease and diabetes. This is an increasing global threat in NCDs that is a barrier to developmental goals. These development goals include health equity, poverty reduction, human security and economic stability (The Lancet. 2011). Policy Making Process. In healthcare, Chronic Disease epidemics cause many threats to the world. In response to the crisis, The Lancet NCD Action Group and the NCD Alliance has proposed five priority actions. Which are: â€Å"Leadership, prevention, treatment, international cooperation, and monitoring and accountability—and the delivery of five priority interventions—tobacco control, salt reduction, improved diets and physical activity, reduction in hazardous alcohol intake, and essential drugs and technologies (The Lancet. 2011).† The import involvements were chosen for their health paraphernalia, cost-value, small costs of implementation, and political and financial achievability. Tobacco control  is the most urgent and immediate priority. They have propose a goal for 2040 that in essence the world would be free from tobacco where fewer than 5% of people engaged in tobacco use (The Lancet. 2011). Policy problems are identified by many factors that include methods that include getting issues on the political agendas and removing them. The first step in the Policymaking Process is agenda setting. Agenda setting is all about decision-making in the first phase of the policymaking process. To be considered on the agenda, difficulties must arise to policymakers’ attention. Healthcare problems are highly visible, because the affect the nation, whereas major problems no relating to health are considered invisible to make the agenda (The Lancet. 2011). The Policymaking process discusses the precise decisions and procedures that are required for a policy to be considered, proposed and implemented. This process is an interactive progression with various points of access that provides opportunities to impact the many decisions (Politics and the Policymaking Process. n.d.).Policymaking process is an interactive process with several points of entree that provides chances to influence the decision-making processes involved in each of the stages. Furthermore, there are three phases of policymaking: the implementation phase, the formulation phase, and formulation phase (Politics and the Policymaking Process. n.d.). Policy development and implementation. During Policy Development, policies may be developed and applied at several stages and may vary from formal reg ulations and legislation to the informal procedures by which governments function (Policy Development. n.d.). An example of policy development would be in government policy that is related to youth, children and health developed at national and federal; territorial and provincial; community, local and district; or international levels by elected executives transversely with a quantity sectors that includes education, health, social services, finance, recreation and labor. Additionally, policy development time frame is determined by various factors that include government agendas and media attention. (Policy Development. n.d.). On the contrary, Policy implementation involves putting implemented policies into play. Success from implementation is depends on three essential elements. First element is the state or president and government officials locally, must pass down polices to the proper agency with the government bureaucracy (Policy Implementation  Ã¢â‚¬â€œ Boundless Open Textbook. n.d.). The second element that is essential to policy implementation is strong interpretation. Meaning that legislative intent need be deciphered into functioning guidelines and agendas. The concluding element necessary in operative policy implementation is also challenging to achieve. Dedication of assets to implement policy beneath the primarily element must be combined with organization of the policy with enduring processes (Policy Implementation – Boundless Open Textbook. n.d.). Stakeholders in Healthcare. A Stakeholder involvement in planning, management policymaking has be brought on by new general development models. These models seek a different role for each state based on consensus, pluralistic structures and political legitimacy. Stakeholder contribution can be categorized into three forms: cooperative, instructive and consultative (Involving Stakeholders in Aquaculture Policy-making, Planning and Management. n.d.). In Cooperative involvement primary stakeholder act as companions with government in the decision processing. Consultative involvement is where government makes the primary decisions and stakeholders still have influence in the outcome and processes. Last, in Instructive involvement the government makes the choices but apparatuses occur during information interchange (Involving Stakeholders in Aquaculture Policy-making, Planning and Management. n.d.). Conclusion. The macro perspective on health policy issues can be helpful to identify how problems become policy issues and how these issues result in the creation of health care policy. Chronic diseases impact the healthcare industry in many ways. This controversial issue impacts all age groups. The Center for Managing Chronic Disease (CMCD) helps with management and prevention in chronic disease. This paper, provided an explanation of how the epidemic of Chronic Disease has resulted from a policy’s creation. Moreover, identified the steps in the policy development process. Furthermore, differentiated between policy development and implementation. Also, explained how stakeholders become involved in the process and why their voices often become a driver for change in health policy. References What is Chronic Disease?. (2011). The Center for Managing Chronic Disease. Retrieved October 13, 2014, from  http://cmcd.sph.umich.edu/what-is-chronic-disease.html Horton, R. (2005). The Lancet. The neglected epidemic of chronic disease : The Lancet. Retrieved October 13, 2014, from http://www.thelancet.com/journals/lancet/article/PIIS0140-6736%2805%2967454-5/fulltext#bib4 Non-communicable diseases. (2014). WHO. Retrieved October 13, 2014, from http://www.who.int/mediacentre/factsheets/fs355/en/ The Lancet. (2011). Priority actions for the non-communicable disease crisis: The Lancet. Retrieved October 14, 2014, from http://www.thelancet.com/journals/lancet/article/PIIS0140-6736%2811%2960393-0/abstract Policy Development. (n.d.). A Brief Guide to Understanding Policy Development. Retrieved October 10, 2014, from http://www.ruralnovascotia.ca/documents/policy/understanding%20policy.pd Politics and the Policymaking Process. (n.d.). The Policymaking Process. Retrieved October 12, 2014, from http://www.pearsonhighered.com/assets/hip/us/hip_us_pearsonhighered/samplechapter/0205011616.pdf Policy Implementation – Boundless Open Textbook. (n.d.). Boundless. Retrieved October 15, 2014, from https://www.boundless.com/political-science/textbooks/boundless-political-science-textbook/domestic-policy-15/policy-making-process-95/policy-implementation-516-6175/ Involving Stakeholders in Aquaculture Policy-making, Planning and Management. (n.d.). Involving Stakeholders in Aquaculture Policy-making, Planning and Management. Retrieved October 15, 2014, from http://www.fao.org/docrep/003/AB412E/ab412e32.htm

The invasion in Afghanistan was consistent with the Brezhnev doctrine

The invasion in Afghanistan was consistent with the Brezhnev doctrine that relied on the concept of socialist internationalism that involved help to states that have already joined the bloc of Communist states.The campaign was most probably enabled by a change in the doctrine that involved extra-bloc interventions and more expansionist policies. Although this explanation sounded weak with respect to Afghanistan that never had so much as a mutual assistance treaty with the Soviet Union, the Soviet Union barged in to take control of the area that seemed ‘nobody’s territory.Most probably, the basic reason behind the invasion was to set up a military zone in Southwest Afghanistan that would yield control of the Persian Gulf area. The geostrategic position of Afghanistan was also convenient for reaching India, Burma, and Pakistan with Soviet missiles. Besides, the regime in Afghanistan was to certain extent pro-Soviet, and it was imperative to show that revolutionary gains we re irreversible. Besides, the prospects of an Islamic state established in the area seemed undesirable to the Soviets, because the Soviet Central Asian republics could become influenced by radical Muslim ideas. At the time of the invasion, the USSR could have feared antisocialist encirclement that would include Pakistan, China, and now, Afghanistan.The departure was difficult because the Soviet leaders probably felt the need to bring the war to a victory because of the enormous time and costs that already been committed to the enterprise.They felt that they needed the victory to buttress the pro-Socialist government in this Eastern nation in order to provide support for their nation in this area. The international prestige of the Soviet Union would have been ruined by the loss in the war against a Third-World nation.2. The West reacted with strong disapproval of the Afghan campaign and tough measures including boycott of the Moscow Olympic Games in 1980, economic sanctions, and dela y in the ratification of the SALT (Strategic Arms Limitation Treaty) II. The negative reaction in the Third World triggered the disapproving resolution from the UN General Assembly. The Carter Doctrine emerged that warned against any attempt to take control of the Persian Gulf.The reaction from Socialist nations was mixed. Nations like Romania, China, Yugoslavia, and Albania were opposed to the idea, whereas East Germany, Czechoslovakia, and Bulgaria were enthusiastic. Others like North Korea and Cuba were undecided on the issue.3. The war started with a surprise attack as 200 military transports arrived in Kabul, occupying the land with 90,000 troops. The attack proved successful as it allowed the Soviets to kill Amin, establish the government led by Babrak Karmal and effectively seize control of a large territory. However, the later tactics were not that successful.Discovering large guerrilla operations, the army tried to wipe out whole areas, trying to weaken the local population . This further set the local people on edge, perpetuating support of guerrillas. The split of the army into 20% of counterinsurgency units and 80% of occupational forces led to decrease in morale of the occupational forces. The scorched earth policy in particularly hostile areas and provision of incentives for peasants to support the Soviets did not work very effectively either. The low popularity of the puppet Afghan government and its inability to reduce factionalism were other reasons of failure4. The decision to withdraw was made largely because of coming certainty that the war could not be won effectively. An 8-year campaign had failed to establish effective control of the whole territory and damaged the reputation of the Soviet military.At home, the support for the war dropped to dramatic levels, and it was causing deterioration of the morale of the military because of psychological stress and substance abuse. Financial costs also weighed in, as the Afghan campaign competed fo r a share of the Soviet budget with other conflicts in Ethiopia, Angola, Nicaragua, and Vietnam.The international relations were expected to improve in case the war ended. The removal of Soviet troops reduced pressure on NATO to ward off the Soviet threat and could improve relations with the West, accelerating dà ©tente. Improvement was also expected in the relations with China and Muslim nations.

Boiled Frog Phenomenon in Business Essay Example | Topics and Well Written Essays - 1000 words

Boiled Frog Phenomenon in Business - Essay Example The veracity of this phenomenon is however, a suspect. Scripture (1897) informs that " a live frog can actually be boiled without a movement if the water is heated slowly enough; in one experiment the temperature was raised at a rate of 0.002C. per second, and the frog was found dead at the end of 2 hours without having moved." Many other scientists though debunk this concept (Gibbons, 2002). The "Boiled Frog" syndrome is often used in business, politics, environment, and other day-to-day activities. In strategic management, this refers to the inability of the companies to detect slow and gradual changes, which could be detrimental to its businesses. While most companies are adept at identifying sudden changes, gradual changes are difficult to detect. Polynice (2009) infers that "the frog metaphor for organizations is that we as a whole should try and identify the threats of our survival at an early stage when we still have time to plan rather than react to that particular threat; which will be too late. Furthermore, we must also learn how to reduce our threshold of change in order to be able to identify smaller changes that are occurring in our environment." This phenomenon can occur in all fields of business, viz., operations, external environment, business acquisition, logistics, etc.. InInstances analogous to "Boiled Frog" often occur in the business environment. In fact, the term was first used by Roger Ford (2002), columnist for Modern Railways magazine while describing privatization of British Rail. A business example of such a situation is the British Railways after privatization. The company Railtrack plc (Railtrack, 2009) took over the railway infrastructure from the government after privatization in April 1994. This new company owned the track, signalling, tunnels, bridges, level crossings and almost all the stations of in UK. It is believed that the company abused its near monopolistic position, and did not commit itself to necessary improvements in infrastructure and safety. Regulators were appointed, but Railtrack resisted regulatory pressures to improve its performance. The performance of the company deteriorated gradually, but there was no recognition of it within the company. Finally, a few crashes, particularly the Hatfield (Hatfield rail crash, 200 9) crash on October 17, 2000 exposed the deep-seated safety and maintenance problems of Railtrack. Though only four fatalities occurred in the crash, it exposed the lack of proper management practices and set into motion a chain of events, which finally led to the sell-off of Railtrack to government owned Network Rail in October 2002. While the root-cause-analysis revealed the root cause of the Hatfield accident to be "Rolling Contact Fatigue", there were several other contributory factors. This included divesting of much of the engineering knowledge of erstwhile British Rail into maintenance contractors. The record keeping of Railtrack was also not adequate. On investigation, several similar potential track problems were discovered. At the

Discuss a qualitative methodology in relation to answering a chosen Essay

Discuss a qualitative methodology in relation to answering a chosen research question - Essay Example In physiotherapy, such situation can be shared experience in aspects such as chronic disease or back pains among patients. This paper’s account is to discuss phenomenology as a qualitative research methodology in relation to the research question above. Having established the research question as stated above, the essay will begin with a discussion of the key characteristics of the phenomenology methodology also including its epistemological and ontological assumptions and other general characteristics. The latter includes the phenomenological steps of bracketing, intuiting, analysing, and describing, all which help in defining the exact meaning of phenomenology. The essay concludes with an explanation of data collection methods and the analysis utilised by this methodology. Like all other research methodology, there must be elements of a method that defines the research validity. Phenomenology achieves such validity of results through structuring the focus of the research into in-depth narrative to gather a cumulative essence of a condition or experience (Dill, 2014). In this regard, the first method of a phenomenology is to identify the phenomenon and define any shared experiences. What exact condition is under consideration? For instance, the challenges faced by disabled persons who have lost the ability to involve themselves in social life. Their limitations include the inability to participate in sports or family affairs. As exampled in this phenomenon, the challenges experienced by the patient can be formed within seconds and can be enhanced further into a more concrete condition such as Asperger syndrome. Once the shared experiences are identified, the second step of phenomenology is bracketing and researcher’s bias identification. Bracketing is the process of identifying any predetermined beliefs or opinions that a

Environment Assignment Example | Topics and Well Written Essays - 250 words

Environment - Assignment Example Although solar energy has been in use for a long time, generating electricity from this source has not been fully adopted hence this has locked up great benefits associated with this alternative source of energy (Foster; Ghassemi, & Cota 47). Even though the solar energy is free, there are hindrances to achievement of this technology. For example, the cost of installation of solar harnessing equipment is extremely high. Also, the availability of solar energy fluctuate from place to another with some parts of the globe receiving maximum solar energy while others have low solar intensity. Also, solar availability is affected by the seasons and time of the day (YouTube). Implementation of this law will result to increase in efficiency of solar energy production since many people will invest in solar energy hence encourage innovation (Foster; Ghassemi, & Cota 47). Although the availability of solar energy may not increase, the efficiency of harnessing this energy will result to increase in the amount of power output lower cost of production (Boxwell 49). The cost saving on environmental management compensates the additional cost of generating solar energy on a large

Texas admitted to the Union in 1845 Research Paper

Texas admitted to the Union in 1845 - Research Paper Example The path of Texas from early colonization to statehood has always been filled with events important to American history as a whole. The first humans to inhabit the land were Native Americans. Over 30,000 Native American tribes roamed the land1. One tribe, the Caddos, were known for not only being a peaceful tribe, but for their distinctive tattoos and clothing2. It is believed that the very word â€Å"Texas† can be traced back to Native Americans, as the word â€Å"Tejas† is thought to be the Spanish translation for the Caddo word â€Å"friend†3. However, the Native Americans of Texas history were not allowed to live peacefully, as Europe soon came in to colonize their lands. The first country to colonize Texas was Spain. In 1519 Alonzo Alvarez de Pineda made a map of the Texas coastline, allowing Spain to establish its first foothold4. In 1528, Spanish conquistador Alvar Nunez Cabeza de Vaca came to what is now Texas in search of â€Å"cities of gold†5. However, the land was not formally claimed for Spain until 1598, and the first permanent Spanish settlement and mission, Corpus Christi de la Isleta, took another eighty-four years to be formed6. Once this was done, Spain would not be forced away from them until hundreds of years in the future. The main objectives for the Spanish were gold and population growth. No amount of gold was ever found, and many lost their lives while looking for the wealth they believed to be in the area7. In 1682, permanent Spanish missions were established by priests to convert the local Native American population to Christianity8. The belief behind this was that converting the Native American population would strengthen the position of Spain in the New World9. Though the priests tried their best, their actions were hampered by the death rate of Native Americans upon being exposed to European diseases10. This did not deter the Spanish from building

Are we really running out of oil Research Paper

Are we really running out of oil - Research Paper Example The OECD is made up of about 28 countries as of 2010, including countries such as the United States, United Kingdom, Korea, Japan, Canada, Germany, France, and Australia. The European Commission also â€Å"participates† in the work of the IEA as written or reflected in the IEA documents. From the perspective of the IEA, the summary situation is that â€Å"global production will peak one day, but that peak will be determined by factors affecting both supply and demand† (IEA, World Energy Outlook 2010 Executive Summary, 6). IEA data and forecasts indicate that oil demand (excludes demand for biofuels as opposed to fossil fuels), will continue to grow steadily to reach 99 million barrels per day (mb/d) by 2035 or 15 mb/d higher from 2009. In the IEA estimate, all of the net growth will come from non-member of the OECD, about half from China alone. The rise in demand from non-OECD member countries will be mainly driven by demand for transport fuels (IEA, World Energy Outloo k 2010 Executive Summary, 6). Given the estimated rise in demand to 99 million barrels per day by 2035, global oil production will only reach 96 million barrels per day (mb/day), 3 mb/d of which will come from gains in processing efficiency (IEA, World Energy Outlook 2010 Executive Summary, 6). ... ation of Petroleum Exporting (OPEC) countries to rise continuously up to 2035 under the â€Å"New Policies Scenario† (IEA, World Energy Outlook 2010 Executive Summary, 6). The increasing production from OPEC will boost OPEC’s share in total world oil production by about one-half (IEA, World Energy Outlook 2010 Executive Summary, 6). Iraq will account for the largest share in the increase of OPEC oil output, â€Å"commensurate with its large resource base† (IEA, World Energy Outlook 2010 Executive Summary, 6). The statements from the IEA suggest that the immediate decreases in output in oil production will be coming from the non-OPEC countries rather than from the OPEC countries. In clarifying what it means by â€Å"global production will peak one day, but that peak will be determined by factors affecting both supply and demand,† the IEA clarified that in the â€Å"New Policies† scenario, total world production does not peak before 2035 (although it will be â€Å"close to doing so†). However, according to the IEA, production can peak at 86 mb/d just before 2020 because of weaker demand that falls briskly thereafter because of lower prices (World Energy Outlook 2010 Executive Summary, 6). The scenario of a weak demand can come about because of environmental concerns related to global warming. In summary, the IEA said that â€Å"if governments act more vigorously than currently planned to encourage more efficient use of oil and development of alternatives, then demand for oil might begin to ease soon and, as a result, we might see a fairly early peak in oil production† (World Energy Outlook 2010 Executive Summary, 6). The IEA strongly emphasized that the early peak in this scenario will not be caused by resource constraints but by dwindling demand and price realignments

Hypothesis Tests for Means and Proportions Research Paper

Hypothesis Tests for Means and Proportions - Research Paper Example Type I error is defined as the error of rejecting a null hypothesis when it is true. In this case type error would be the error of inferring that the bags are less than 12.0 ounces (less than claimed value) but in reality its weight is either 12.0 ounces or even greater. Level of significance refers to the probability of type I error, that means a fixed probability, in statistical hypothesis testing, of wrongly rejecting a null hypothesis Ho, when it is true. It is represented by . As evident from the given problem, the investigator had a doubt that the claimed weight of the potato bags is greater than the actual weight. To verify the authenticity of this claim, he collected some 30 bags and found the mean of those bags, which came out to be 11.9 ounces. Although the mean weight came out to be lesser than the claimed one. But the real question or logic behind hypothesis testing is that we want to ascertain that whether it would be appropriate to consider the difference of 0.1 ounces from observing 30 bags with the standard deviation of 0.4 a 'significant' one and infer this difference as on the entire population.

Ethics Essay Example | Topics and Well Written Essays - 500 words

Ethics - Essay Example Gilligan persuasively argues that in any ethical situation, one must take into account the human need to care for ourselves and for those close to us. She primarily uses women as the subject of the caring. She launches her platform from the suppression of women and their needs. The book flaunts the social selflessness that is incumbent upon women as they care for others, as the basis for developing care ethics. Kant’s categorical imperative attempts to create universal laws acceptable in all ways, without exception. He tries to create freestanding statements that do not require elucidation to establish them. He accepts that such categorical imperatives are difficult to derive. The ordinary person will not be able to logically reason his way through such maxims, nor question their validity. However, through experience, an ordinary person will be able to determine for herself if such maxims work or not. If one disobeys the maxims, and suffers as a result, one will automatically understand that the maxim had a reason for being so rigid. Nevertheless, the experience itself is dependent on emotional decisions, which one makes under pressure, the consequences of which help one realize the value of the maxims.

Advanced Corporate Finance Coursework Example | Topics and Well Written Essays - 1000 words

Advanced Corporate Finance - Coursework Example Differential tax treatments are the causes for less than one dividend drop ratios (DDR). Thus, through their research on the relationship between taxes and a firm’s decisions, they articulate that in a rational market, the ex-dividend cutoff should reflect the value of capital gains and dividends to a marginal shareholder. However, when tax enters into the investors’ decisions, the fall in share price in the ex-dividend should show the price of the post value capital gains relative to the post value of dividends. Therefore, because of the influence of tax differential rates, on the capital gains and dividends, the DDR will be less than one because of the fall dividend values due to higher taxation as a result of the effect of personal taxes (Elton, Gruber, & Blake, 2005). Therefore, this impact will influence the firm’s decision in terms of contributions to capital gains and dividends. There are other factors that like tax influences the decisions of a firm to ei ther pay dividends or capital gains. The availability of growth opportunities for investment requires that firms plow back their profits to invest in projects with positive NPVs as illustrated by the signaling hypothesis lieu of paying or increasing their dividend payout, which sends a negative signal to the investors. The stability of earnings is another factor. Firms that have constant earnings are likely to pay out dividends unlike firms with lower or unstable earnings whose dividend payout is likely to result in the decline of growth of their earnings.

Much Ado About Nothing - Benedick and Beatrice Essay Example for Free

Much Ado About Nothing Benedick and Beatrice Essay Benedick and Beatrice have close connections in the play, Benedick is portrayed to be a staunch bachelor, whereas Beatrice a combative character, also ironically, due to this being set in the Renaissance era, outspoken. Benedick is seen as very misogynistic. Benedick is portrayed as a misogynistic character to the audience; this is presented on multiple occasions. Benedick inquires if Claudio would, Buy Hero. The verb Buy suggests that women were seen as objects in the Renaissance era. Claudio responds to Benedick, Can the world buy such a jewel? Benedicks response also backs up the point that women were seen to be commodities in his view as he declares you can indeed buy her, and a case to put [her] it in. The noun case shows us that Benedicks views are presented to the audience about his misogynistic sentiment. Benedick states that all women shall, Pardon him. He will do himself, the right to trust none explaining that he doesnt trust women. Beatrice is presented to the audience as being a very witty character, this is shown at the masked ball where Beatrice pretends she doesnt realise that the man in the mask is Benedick. Beatrices crude comments towards Benedick such as he is the, Princes jester, a very dull fool, Incorporating a sardonic tone in order to incorporate excess agony for Benedick. Benedick is presented as a character that staunchly defends his decision to remain single, claiming he will live a bachelor forever. We can tell from the modal verb will that he is in attempt to avoid women at all costs. Benedicks explanation of a perfect women being, fair†¦virtuous†¦ rich†¦ mild is impossibly perfect, presenting him as not wanting a wife due to the fact there was no women with all these attributes in the Renaissance era therefore his status as a single man, a bachelor would remain unchallenged. Beatrice is presented as a combative and outspoken character; this is shown immediately at the beginning of the play where Beatrice challenges Benedick to an intellectual battle of wits. Beatrice inquires why Benedick is still talking, when nobody marks [him] you. The pronoun nobody reinforces her low regard for him however still ironically reveals that she is the only person still interested in what he is saying. This shows Beatrice is uncharacteristic of the Renaissance paradigm of virtue in a woman, also challenging men. In conclusion we can see the feelings regarding Beatrice and Benedick, and that they are portrayed towards the audience as argue mental towards each other. There conflicts may have a hidden meaning such as when Beatrice was the only one interested in what Benedick was saying after she referred to no one being interested. Benedick is presented to the audience as being misogynistic and a staunch bachelor however he may have deeper affections for Beatrice. Beatrice is presented to the audience as being witty, combative and outspoken however her combative attempts are to do with her inner affection for Benedick.

Forensic Case Study: The Murder of James Bulger

Forensic Case Study: The Murder of James Bulger James Patrick Bulger was murdered on the 12th of February 1993 at the age of two. He was abducted, tortured, and killed by two ten-year-old boys Robert Thompson and Jon Venables. Bulger was led away from his mother when she was in A.R. Tyms butcher shop in the New Strand Shopping Centre in Bootle, England. Jamies mother contacted security as soon as she realised her son was missing and the police were called. While reviewing the shopping centres CCTV footage, they saw that Thompson and Venables had approached Bulger before taking him by the hand and leading him out of the shopping centre at 15:42. Thomson and Venables then lead Bulger from there to a railway track 2.5 miles away in Walton, Liverpool. This would later be confirmed by witness statements who saw the three boys together and, at the time, assumed they were family. Once arriving at the railway track, Thomson and Venables threw paint into Bulgers face, some of which went into his left eye. The two boys threw stones at him, kicked him, and beat him with bricks. They then hit him with an iron bar, a partially rusted railway fishplate that was 20ins long and weighed 22lbs. Before leaving the body, Thomson and Venables laid Bulger across the railway tracks and placed rubble over his head, in the hope that a train would hit him and make his death appear to be an accident. After they left the scene, Bulgers dead body was cut in half by a train. His mutilated body was found on the railway line two days later, on February 14th 1993. The first breakthrough in finding Jamess killers occurred when a woman called the police after she recognised CCTV images of the two boys, Thompson and Venables, on national television. She had seen the two boys the day James Bulger went missing and knew that they were skipping school. The police responded to the womans call and the two boys were arrested. The forensic evidence that was found and submitted to the jury was vital to the prosecution. One piece of evidence that put Thomson and Venables at the scene of the crime was the blood found on the right shoe of one of the accused. A home office forensic scientist, Graham Jackson, said that there was only a one in a billion chance of error. DNA testing would have been used to match the blood found on the shoe to that of the victims. Forensic DNA testing is a process that begins with the DNA being isolated from the cells in this case, blood cells -and then is duplicated by a process called polymerase chain reaction. This process copies a specific stretch of DNA over and over, making it easier to analyse. The genetic code is split into separate chunks and then analysed to create a genetic fingerprint. Unlike actual fingerprints, there is a small chance that two different people could have the same genetic markers, especially if they are related to one another. To minimize this risk of error, scientists will test more than one genetic marker from a strand of DNA. Bulgers blood was also found on several bricks and on the 22lb iron bar. A forensic pathologist, Dr Allan Williams, counted 22 wounds on Jamess head and face and another 20 on his body. The wounds were so numerous that a final killing blow could not be established. Dr Williams determined that James would have already been dead by the time the train hit him as he had been stuck at least 30 times and would have endured a short period of survival after the attack began. The deep bruising on Jamess head, along with a cut that went down to the skull and the extensive damage to the back of his head, suggested that bricks and the iron bar had been used. Bulger sustained extensive head injuries, including a haemorrhage at the centre of his brain. Dr Williams also noted a severe blow to Jamess face that left a large bruise and grooved mark on the area around the right cheek and ear. A forensic scientist named Philip Rydeard was able to match the markings left on Jamess right cheek with a shoe worn by one of the boys. The shoe had an unusual arrangement of lacing rings as well as a distinctive stitching pattern. Paint found at the crime scene and on James Bulgers body was also found on the clothes of Thompson and Venables. Paint can be analysed in a few different ways to find a match: solvent tests, gas chromatography, and infrared spectrometry. Solvent tests involve exposing the paint samples to different chemicals and examining any changes that might take place (ie, a change in colour). Gas chromatography is used as a means of telling the difference between two paints that have the same colour, but have a different chemical composition. The paint sample is heated until it breaks down and is then separated into its components. Infrared spectrometry makes use of infrared light to determine the type of paint by examining the way that the paints various components absorb or reflect infrared light. Over the course of the trial, thirty-eight witnesses took the stand and said they had seen Bulger walking with Thompson and Venables, none of which could have ever foreseen the events that unfolded later that day. In addition, the 27 bricks, stones, and the 22lb iron rod used as weapons by Thompson and Venables were all presented to in court to eliminate any idea that the boys may be innocent. To conclude, the forensic evidence provided during the trial of Robert Thompson and Jon Venables was crucial to their prosecution. The DNA evidence from the traces of blood found on their clothes, as well as the shoe mark left on James Bulgers cheek, and the paint found on both the victim and the perpetrators clothing, provided absolute proof that Thompson and Venables had been at the scene of the crime. Backed up by CCTV footage and witness statements, this evidence lead to the prosecution of the youngest murderers in UK history. Sources Used   http://www.crimeandinvestigation.co.uk/crime-files/james-bulger/trial https://en.wikipedia.org/wiki/Murder_of_James_Bulger http://www.forensicsciencesimplified.org/dna/how.html http://www.independent.co.uk/news/uk/james-bulger-suffered-multiple-fractures-pathologist-reveals-twoyearold-had-42-injuries-including-fractured-skull-jonathan-foster-reports-1503297.html http://www.independent.co.uk/news/uk/james-bulger-suffered-multiple-fractures-pathologist-reveals-two-year-old-had-42-injuries-including-1503297.html http://www.murderuk.com/child_killers_thompson_venables.html http://science.howstuffworks.com/forensic-lab-technique3.htm Comparing Leaders: Desamanya Ken Balendra and Sarath Fonseka Comparing Leaders: Desamanya Ken Balendra and Sarath Fonseka This particular assignment concentrates on comparing on two individual leaders, where one individual is a leader at present and the other has been a great leader in his time. This assignment is not only based on to understand about the particular individuals leadership traits and styles but also to gain knowledge and experience on how they have developed themselves to their positions in life and society they are in today. According to Dubrin, Dalgish Miller (2006, p.3) leadership is the principal dynamic force that motivates and coordinates the organization in the accomplishment of its objectives. Appannaiah Reddy (2006, p.261) says that leadership is an influence process of inducing a subordinate to behave in a desired manner. Therefore in order for us to practically understand the reality of the leadership theory, we have analyzed the leadership qualities of two different leaders that are in the fields of Business and military/politics. The first leader that we selected was Desamanya Ken Balendra. He was the first Sri Lankan Chairman of John Keells Holdings Ltd. (JKH), a highly diversified blue chip company and the only Sri Lankan Company to be listed amongst the worlds best 200 small companies by Forbes Global magazine. In year 2000, on reaching the age of 60, he retired from his position. Our next choice was a simple and more popular choice, which was General (Rtd.) Sarath Fonseka. The former general of the Sri Lankan army who lead the armed forces of Sri Lanka to victory over the war against the Tamil rebels which dragged on for over 2 decades. A detailed analysis on each individual leader is included in the report, as well as a comparison of their leadership traits and styles through a theoretical background. BRIEF INTRODUCTION ON MR. KEN BALENDRA The major reason for choosing Mr. Ken Balendran for this assignment is because he is one of the most successful chairmans of Sri Lanka to ever be successful in a blue chip company like John Keells Holdings. He turned around things for JKH to reach higher objectives and become a well known people oriented company. And he indeed succeeded. After retirement his ways and pace of business is still been conducted at JKH. The present Chairman is also following the ways and footsteps of Mr. Balendra to bring out the best in John Keells. The reason why we selected him as the current leader is because he is still the Chairman of various other companies. He still runs his companies the same way he used to run JKH. With his experience and his visionary ways he is the most respected man in the corporate world today. He is also the holds the current positions of, Chairman of Brandix Lanka Ltd. A leading manufacturer and exporter of apparel. Director of chevron Lubricants Lanka Ltd., a subsidiary of Chevron Texaco. Chairman of the investment committee of Aureos South Asia fund Honorary Consul-General for Poland Chairman of the Board of Trustees of the National Council for Mental Health. Trustee of the Royal College Union HOW DID HE EMERGE AS A LEADER? Deshamanya Ken Balendra was always a Team player. At the interview with him, these were the first words he spoke to us. Saying Im a Team Player. When analyzing his history he was a good sportsman playing sports like Rugby. He was the vice captain of his team in royal college. Also he was in charge of the most important aspects of running a rugby team. Although he never became a Captain, he was determined to lead the team in to greater heights. He also played for the Ceylon Barbarians and captained the team for four years. He also received colors in doing so and is a very successful sportsman as well. When Mr. Ken Balendra was immerged to be a leader in the future, the question of role models and inspirations came in to considerations. Mr. Ken Balendra did not quite have his role models or Inspirations like most of us do, but he would recall his role models to be his bosses when he started his working career. He started his carrier with Tea. His family was in to planting and so into planting he went. Having finished creeping at Halgolla estate near Avissawella, he was transferred to Hapugastanne Group. Where he worked for the most part under the late Sepala Ilangakoon. He still reckons Ilangakoon to be Sri Lankas best ever planter. Mr. Balendra learnt readily by Illangakoons account, he was a model planter. Through this he gave Mr. Balendra experience of both tea and rubber planting. This would stand him in a good stead during his early years at John Keells. Illangakoon later put him in charge of welfare and social activities such as the annual sports meet, a sizeable responsibility considering how many families were employed and housed at Hapugastenne. He continued to play rugby as he had at school, turning out for the Ceylon Rugby Football Club as well as for the national team, the Ceylon Barbarians. Mr. Balendra then moved to the capital and started his work as a fairly senior executive in the tea department of John Keells. He did as well at Keells as he had at planting. Mr. Sepala Illangakoon was gratified to learn from Mark Bostock that the new recruit had graduated to auctioneering in a record time of three months, when most others took at least six. Because of his bosses visionary thinking of diversifying ones ability to handle business, Mark Bostock assigned Mr. Balendra in to touring operator companies and also gem miners and merchants. Here Ken Balendra discovered his true vocation. With all the problems with the JVP and at the height of the war Mr. Ken Balendra was finally appointed Chairman of John Keells. He was on set on a course to chair JKH for the next 10 years. As chairman of JKH he worked hard to strengthen and disseminate the values that had built John Keells. Management meetings were opportunities to pass along some of the old spirit, Which Balendra did in extrovert fashion, using humor, irrelevance and a listening ear to encourage people to speak their minds with eh frankness and lack of formality Keells demanded. His main technique however remained that of handing people more responsibility that they thought they could handle and persuading them that they could handle it. HOW DID MR. KEN BALENDRAN DEVELOP HIS LEADERSHIP SKILLS? Mr. Ken Balendra when answering a question of what a leader should be a person who is down to earth and knows exactly what goes in peoples minds. His leadership skills are still respected today because he knew how to handle people and most of all how listen to his followers. He was also able to motivate his followers and guide them in their journey without discouragement. But a leader would not be existent if there were no followers. Mr. Ken Balendra suggested that ones followers should be courages and able to take risks and believe in something that may not look colorful now but if thought correctly it would be in time to come. Therefore to enhance his followers to become the leaders in the future he developed a team called the 2020 Team. Whose members were outstanding young executives deemed likely to be among those running the group in the year 2020. Gatherings of the 2020 team were the most informal of all. As I quote, I used to encourage them to speak up, criticize the board and so on, and that brought out a whole lot of good ideas. Two of the groups are now Chairman and Deputy Chairman: Susantha Ratnayake and Ajit Gunawardene. They were in the 2020 Team in the early nineties and jumped over several heads to join the board at such a young age Even at his time he made it a point to attend every seminar possible and was heavy reader in various books and magazines published both here in Sri Lanka and internationally. And later his art of management came in play of handing responsibility and being accountable for ones actions. This is one of the ways he was able to get his results. But he would never sack someone due to not meeting targets, but would do so if the norms and ethics were breached by anyone. Therefore he was a visionary person who was very much People oriented as oppose to Task Oriented. He was more interested in the welfare of people more than the company itself. After all the companies existence is because of the people who work for it. Mr. Balendras efforts, combined with those of his colleagues, were effective at preserving the Keells Spirit. BRIEF INTRODUCTION ON GENERAL (RTD.) SARATH FONSEKA Named Gardihewa Sarath Chandralal Fonseka born on the 18th of December 1950 is a former commander of the Sri Lanka Army and a former Chief of Defense Staff of Sri Lanka. As the Commander of the Army General (Rtd.) Fonseka played an instrumental role in ending the two decade Civil War Sri Lanka, in 2009. Thereafter he became the first serving officer to be promoted to a four star rank in the Sri Lanka Army. (Sarath Fonseka the future leader, n.d.) Gen. (Rtd.) Fonseka joined the Sri Lanka Army way back in 1970 and witnessed all action throughout the 26 year civil war, culminating in a term as commander from December 2005 to July 2009. As commander, he oversaw the final phase of the civil war of Sri Lanka which end resulted in the defeat of the militant Liberation Tigers of Tamil Eelam organization (LTTE). Gen. (Rtd.) Fonseka has been described and viewed as Sri Lankas most successful army commander by local and foreign nationals alike, and his run of significant military victories against the LTTE during Eelam War IV led the Indian National Security Advisor Mayankote Kelath Narayanan to describe him as the best army commander in the world. (Sri Lanka Army Commander General Sarath Fonseka, n.d.) After having chosen a career in the Army in 1970 to serve this great nation, Sarath Fonseka met his life partner Ms. Anoma in 1972. They entered wedded life in 1979 and thereafter have had two daughters named Apsara and Aparna. While a career in the Army meant that Gen. Fonseka had to spend time away from his family, he always made sure that he was a devoted husband to his wife and a loving and caring father to his daughters. (Sarath Fonseka the future leader, n.d.) In mid April, 2006 Gen. (Rtd.) Fonseka survived an assassination attempt when an LTTE suicide bomber attacked his motorcade, where he suffered critical abdominal injuries. Following the end of the war he was appointed Chief of Defense Staff, a post from which he retired on November 16th, 2009. (Sri Lanka Army Commander General Sarath Fonseka, n.d.) General Foneskas experience in military matters made him a very popular figure amongst all Sri Lankan citizens. Many statesmen admired his courage, stance on military matters, and his astute policy insights into governance and strengthening democracy. As a moderate he has been able to achieve what was once thought the unthinkable in Sri Lankas political history. Due to his determination and commitment to put his country before himself, he has been able to unite major political parties and ethnic communities to work with him to guide our beloved motherland to a prosperous future; a place where every citizen regardless of their ethnicity, religion and identity can live freely with pride and dignity. (Sarath Fonseka the future leader, n.d.) HOW DID HE EMERGE AS A LEADER According to Mr. Fonseka there are many characteristics of a good leader. One is that he/she needs to be very transparent should be unbiased and be able to provide good strategic direction to his followers. And Gen. (Rtd.) Fonseka is a strong believer of discipline and abiding conduct. These are some of the main qualities which influenced Gen. (Rtd.) Fonseka to be a good leader. Another element of his characteristics is that he was able to clearly handle the pressures of political influence and his own leadership demands and act accordingly; people were called effective leaders because they had followers who trusted them and would go that extra mile for them. An important quality he possesses is the ability to understand his subordinates and realized that influencing others alone is not sufficient in order to be a good leader. In most incidents he tried to lead by example and create a role model of himself to others. However it is a must to influence others, when and where it is required. Gen. (Rtd.) Fonseka portrays a high degree of legitimate power as a Commander of the Sri Lankan armed forces. However a point which he mentioned was that some of his leadership qualities were hindered because, according to his position; he is under obligation to the president and he doesnt have the full authority to handle things his own way. (I Survived To Do My Duty by My Country, 2009) Therefore we can say that situation also plays a vital role in bringing about leadership qualities. Another quality that he possesses is that he has a high level of motivation. He doesnt believe in isolating his team and he delegates power and authority to them. Delegation and follow up is his method of working. Following up is how he attempted to keep his control, where as delegation is how he empowered his team in order to take challenges and complete their tasks. However, in an interview with Gen. (Rtd.) Fonseka, it was evident that he was a courageous person. We can say this clearly because when we confronted him about his strengths and weaknesses he said that his only weakness is that he doesnt wait for the opportunity to come to him. He goes behind the opportunity or tries to create an opportunity himself. It would appear to work at times but also vice versa, at times it doesnt. (I Survived To Do My Duty by My Country, 2009) Gen. (Rtd.) Fonseka also maintains positive work life balance though it is tough to keep up with the different changes in his life. Hence, we view it as, a leader should also know how to strike that type of work-life balance even when their engaged in long, gruesome and tireless line of employment. 3.2 COGNITIVE FACTORS OF HIS LEADERSHIP Problem solving and intellectual skills could be identified as cognitive factors. In order to be a successful leader, the leader must have the mental ability to inspire people, bring about constructive changes and problem solving creativity. The cognitive factors of a leader can be classified in to several parts, and these are a few identified with regard to Gen. Fonseka. Knowledge of business In order to establish a relationship with group members, the leader must have knowledge of the business and technical and professional competence related to the business. Considering the army commander, who has been working with fellow comrades before he was appointed to the position of General, it is obvious that Gen. Fonseka has the relevant technical capabilities, professional competence on operations and more than enough experience. Insight into people and situations This simply means that the leader should have the required level of intuition and common sense to make wise choices in selecting people for key assignments, enabling the leader to make the assignment work better and a better dob training and development. When appointing senior military officers to different areas, the commander acted in a way that is expected by a leader who has that required level of intuition and common sense needed. As an example, the Brigadier Walagama who previously acted as the chief of Diyathalawa army academy was identified by the commander to have brilliant experience regarding Trincomalee area and he was immediately appointed as the commander of the Trincomalee area. (I Survived To Do My Duty by My Country, 2009) Farsightedness In order to establish a corporate strategy and vision, the leader must have the farsightedness and understanding of the implications in the long run. With regard to the commander, was known to be a thinker and an extremely farsighted individual. For example when the commander had the opportunity to clear the Kilinochchi town are before clearing the Poonarin area, he restrained himself from doing so, because he knew that if he did that the army forces would be undoubtedly ambushed by the LTTE. (I Survived To Do My Duty by My Country, 2009) Openness to experience The commander admits that he still learns something new every day from his subordinates. And this statement was made of national television. LEADERSHIP TRAITS COMPARISON 4.1 GENERAL PERSONAL TRAITS Self confidence Mr. Ken Balendran: Self Confidence through the analysis of the interview has outlined that the fact of climbing the ladder to being the Chairman of John Keells requires more self confidence than any other factor. Being a Leader would be mostly based on how confident you are in your actions and opinions. Therefore through analysis Mr. Ken Balendra indeed is the most self confident Chairman Sri Lanka has ever experienced. Gen. (Rtd.) Sarath Fonseka Gen. Fonseka is a self assured personality without being bombastic or overbearing, he instills confidence in his team members. He always states that it is possible for the army to reach a position of strength not only to achieve its objectives according to a well conceived plan but also to retain the areas cleared. Trust worthiness Mr. Ken Balendra: Mr. Ken Balendra always believed in his visions. He was able to foresee the future because of the exposure his bosses put him through. He was always the faithful and trust worthy character in John Keells right from the start. This is why he became the chairman of John Keells. He still remains chairman of many other companies due to the fact that he is able to take up responsibility and is trust worthy in his actions to making the company succeeds. Gen. (Rtd.) Sarath Fonseka: In Riviresa operations General Fonseka had to face many accusations on fraud due to over use of a satellite phone. The bill was raised up to 10 million rupees. However ultimately the court recovered the reason behind this to be; that the commander had given his phone to soldiers to contact their parents. (I Survived To Do My Duty by My Country, 2009) Assertiveness Mr. Ken Balendra: Mr. Ken Balendra always wanted to know what each employee in the company thought about. He even would see the worker of factory at anytime he can. He was always assertive and didnt quite hold his head up high because he was the chairman of John Keells. Gen. (Rtd.) Sarath Fonseka: In a television interview Gen. Fonseka once stated that it is his task to eliminated terrorism as practiced by the LTTE leader while the Sri Lanka Government will resolve the political problem with a political solution, which statement sows the assertiveness and of his mind. (I Survived To Do My Duty by My Country, 2009) High Tolerance For Frustration Mr. Ken Balendra: Although he was able to be calm at any stage, he mentioned that he would have any person accountable for their actions. He was also lenient on the other side of encouraging them to take up responsibility. Through this he was quite tolerant and knew how to take up problems or anything that could frustrate the company. He handled them quite well. Because of these aspects he is the most respected man in Sri Lanka today. Gen. (Rtd.) Sarath Fonseka: The major factor which enabled the LTTE to increase its strength and influence was because the Government during the earlier periods did not act accordingly and they were undecided whether to fight or not to fight. This gave the terrorists time to motivate and build a nexus. Gen. Fonseka observed and frustrated that due to the lack of a strategy to defeat the LTTE areas which were cleared would soon be lost due to the absence of direction and commitment. However he tolerated that. He thought that the day would eventually come when he would lead the defeat of the LTTE. (Sri Lanka Army Commander General Sarath Fonseka, n.d.) 4.2 TASK ORIENTED TRAITS Passion for the work and people Mr. Ken Balendra: In developing the 2020 team as mentioned above, he was quite visionary and interested in the small man. He was interested to educate young recruits in to being the future leaders of the company. And is still motivating young employees of Brandix Ltd. to enhance the future leaders of the company. Gen. (Rtd.) Sarath Fonseka: Extremely passionate for his work and for his country. The commander identified group members, their interests and attitudes and the way which can use to reach and to best communicate with and influence them. When the time where he was engaging in operations he would let his personal phone be given to his subordinate to contact their families. Emotional intelligence Mr. Ken Balendra: His emotional level was quite down to earth, sharing his experience and passion often motivated his followers and the young executives at his time. When suggesting his ways of doing things it was clear that his position in the people and task grid was on the far right suggesting that he is indeed a people oriented person. He is definitely interested in the people who make things happen for the company rather than the tasks which are done for the company. Gen. (Rtd.) Sarath Fonseka: His staff members and followers always observed his emotions. He always used his emotions to persuade his followers. Flexibility and adoptability Mr.Ken Balendra: Since the 2020 team was quite informal it is clear that he was flexible in his thoughts and tasks. With his adoptability to conflicts in Sri Lanka at his time at JKH he is able to handle any situation when necessary. He is now handling the recession with Brandix very well produces the same output. Therefore his adoptability is no doubt at the best of standards and is flexible because of the fact that his ego levels and his demand of respect are extremely low. Gen. (Rtd.) Sarath Fonseka: Considering the behavior of the commander, who changed the structure of the army and established a clear coordination among different forces such as the army, navy and the air force to match with the modern and required level of specifications one could say that Gen. Fonseka was indeed flexible and very much adaptable to new technology and other. Furthermore he went out for new technology and aircrafts such as M27 to battle against the terrorist when the terrorist went for air attacks. These can be identified as evidence of flexibility in his leadership. Locus of control Mr.Ken Balendra: Mr. Balendra is a person with a high internal Locus of control. His ways and decision were based on what he believes in and is based on what his followers want need. His art of obtaining followers were automatic. Followers who were his needed to be able to take up responsibility for their actions and is able to be confident in what they believe. Therefore Mr. Balendra always exhibited his faiths and would allow his followers to make their own decisions. Gen. (Rtd.) Sarath Fonseka: The commander once said in a television program, I am confident that once the Tamil youth in the East see the advantages of peace they will not go back to join the terrorists. All communication in the East is cooperating with the security forces and the Government as they can visualize a bright and peaceful future for all communities.Hence this would realize Gen. Fonseka to have an internal locus of control. Courage Mr.Ken Balendra: Mr. Ken Balendra definitely is courages in turning around John Keells. And is also still making things brighter for the companies he is chairman to. Therefore is quite clear that his level of courage to make those changes going through various critics certainly has rewarded him in being the most successful chairmans of Sri Lanka. Gen. (Rtd.) Sarath Fonseka: He can be identified as a courages person. He had to face many barriers in reaching to his position but he never gave up his vision and his target of peace to his mother land. LEADERSHIP STYLE COMPARISON The basic leadership styles can be categorized in to three main stages. And they are; Autocratic: All the decisions of the group are made unilaterally by the leader. The leader does not give any aut hority to subordinates to make any decision. Participative: The leader gives considerable amount of autonomy and authority to take part in the decision making and the leader applies being participative. Laissez Faire The leader has gives full autonomy to subordinates for decision making and to initiate whatever decision they see fit. The leadership style of Gen. Fonsek a could be categorized into the participative style, because he shares the decision making process with the other members of his group and after the decision was made by the subordinates the general would give his consensus, if the decision is at a considerable condition. The Leadership style of Deshamanya Ken Balendra could be categorized as a participative style. He is a down to earth person who likes to delegate work to subordinates and young people to help them gain experience for their future endeavors. His leadership style also reflected that he is quite charm and would listen to anyone and their ideas in any position. His change management is successful and visionary and has made sure everyone was happy in the company. He has been the most suitable man to any company to occupy the chairmanship position. He is still the most respected man in the country and is looked up upon by anyone. CONCLUSION In analyzing of this two great individuals who have made it big in their respective careers, it is evident that these two possess different leadership styles, but whereas the essence to it are almost the same. Though various scholars have explained it in their own respective way, the question still remains; are leaders born or made? Looking at these two highly respected individuals it is quite hard to fathom of how a leader can be made, in fact if it is possible can another Ken Balendra or Sarath Fonseka made? Can you or I become one? It is sometimes too good to be true but if we look into the characteristics and traits of all leaders we tend find common ground. Some may have a bit more on certain traits or characteristics and some less. But it isnt about how good or bad these characteristics and traits are but rather how effective He/she is. Nurturing of these traits and characteristics can possibly make us a leader in our own field too and its quite sure it doesnt happen overnight. REFERENCE LIST Appannaiah, H.R., Reddy, P.N. (2006). Business management (2nd Ed.).Bangalore, India: Himalaya Publishing House ( p 260- 300) De Janasz., Wood., Gottschalk., Dowd., Schneider. (2007). Interpersonal skills in Organizations, NSW: McGraw Hill Dubrin, A., Dalgish, C., Miller, C (2006). Leadership (2nd ed.). Queensland, Australia: John Wiley Sons Australia, Ltd ( p 26 -95) Hosking, D. M. (1988). Organizing, leadership, and skilful process. Journal of Management Studies, 25, pp. 147-166. I Survived To Do My Duty by My Country. (December 13th 2009), The Sunday Leader, p.2. Internet Referencing Sarath Fonseka the future leader. [n.d.] Retrieved January, 2010 from http://www.sarathfonseka.com/about.html Sri Lanka Army Commander General Sarath Fonseka. [n.d.] Retrieved January, 2010 from http://www.scribd.com/doc/11514520/Sri-Lanka-Army-Comander-General-Sarath-Fonseka Anti-Discrimination Laws in the UK | Analysis Anti-Discrimination Laws in the UK | Analysis In recent years the Government has been attempting a massive review of the UK’s anti-discrimination laws. The impetus behind this, amongst other things is the influence from Europe. There have been several European Directives which have required implementing and there is becoming a plethora of confusing anti-discrimination laws. More recently we have seen the introduction of the Employment Equality (Age) Regulations 2006, The Equality Act 2006 and there is also a new Commission for Equality and Human Rights[1] which replaces the Equal Opportunities Commission, Commission for Racial Equality and the Disability Rights Commission. In light of recent changes in the law and with the decision that more changes were necessary, the Discrimination Law Review was set up in 2005 with the purpose of considering the: â€Å"opportunities for creating a clearer and more streamlined discrimination legislative framework which produces better outcomes for those who currently experience disadvantage†.[2] A Consultation Paper was then published in June 2007 which establishes the Government’s proposal of a Single Equality Bill. Only a few months earlier, in February 2007 was Trevor Phillip’s Equalities Review published. Whilst the consultation paper and the Equalities Review considered the same topic, they have worked in parallel and looked at different angles. The consultation paper considered the legislative framework whilst the Equalities Review looked at the wider issues surrounding the topic of inequality.[3] This essay will consider these reviews and consultation paper, and discuss the Government’s proposals for a new anti-discrimination law in the UK. We will firstly examine the history behind the proposed changes in the law before turning to discuss what exactly the Government is proposing. We will then look to responses to the Government’s proposals, including analysing criticisms that the planned changes fail to address issues of enforcement and access to justice concerns. A fresh look at the anti-discrimination laws of the UK was deemed necessary after the much publicized Stephen Lawrence enquiry.[4] The Macpherson Report concluded that there was â€Å"institutional racism† both within the Metropolitan Police and the Police generally. The report made no less than 70 recommendations and the Government has been keen to implement them. The Race Relations Act 1976 has now been expanded so that it covers public bodies and authorities, and changes to double jeopardy laws have been implemented.[5] The proposed changes in anti-discrimination are intended to be an extension of the review of racism and other discriminatory practices and to move the UK forward into a 21st Century where such discrimination is a thing of the past. The changes in the law brought about by this report are more than likely to be mirrored and taken across so that they do not only apply to racial discrimination but also age, gender, religion and so forth. There is no denying that the Macpherson report has had a resounding effect but how successful the Government’s proposals will be remains to be seen. Trevor Phillips in his Equalities Review provides a definition of an equal society: â€Å"An equal society protects and promotes equal, real freedom and substantive opportunity to live in the ways people value and would choose, so that everyone can flourish. An equal society recognises people’s different needs, situations and goals and removes the barriers that limit what people can do and can be.†[6] He set out 10 recommendations in his review, which were focused on setting definitions and goals for equality and setting up a simpler legal framework with a better enforcement regime. The review recommends that the Government’s proposed Single Equality Act covers all bases of inequality, for example it should cover age, gender, sexual orientation and racist discrimination amongst others all under the same legislation. The act should also be â€Å"simpler, more coherent†.[7] Phillip’s review places a large emphasis and role, to the new Commission for Equality and Human Rights. He suggests that the Commission should â€Å"play a more dynamic role in enforcement†, which would involve inspections of known equality gaps and transparency should be encouraged. Public and private bodies should also be made to measure and publish their equality performance. The Equalities Review clearly has ambitious and far reaching aims, but it does not provide very clear explanations for how these changes are to happen. It appears as if most of the regulatory and enforcement work it attributes to the Commission for Equality and Human Rights, as is also recommended by the consultation paper, although seeing as the Commission was not up and running at the time these reports were written, no feedback was possible from them themselves. The majority of Trevor Phillip’s review is concerned with the history of inequality in the UK and its effect and what the future would look like without discrimination. Very little is focused upon definite ideas and practices which could be implemented to ensure that this vision is a success. It works well as a tandem document, providing a background into the necessity for a change in law and for providing an ideal to aspire to. The Consultation Paper, a Framework for Fairness however is supposed to be more concrete and provide definite, workable proposals for discussion. The paper is split into three parts, each of which we will consider in turn. There is also a more recent publication on the single Equality Bill is from the Government Equalities Office – Framework for a Fairer Future: The Equality Bill, which was published in June 2008 which also provides some clarification on some of the issues raised in the consultation paper. Part one of the consultation paper relates to harmonising and simplifying the law. This we will see is essential, not least because of the recent flurry of case law and legislation on discrimination laws. Employers and public bodies need to know the current law and this is easier if it is codified into one document. The proposal is that the Commission for Equality and Human Rights will be pivotal in this aspect, publishing practice notes and guidance and working together with public, private and volunteer organisations. This section also includes proposals on equal pay provisions, meaning that truly, everything relating to discrimination is brought under the umbrella of this one act. It is hoped that this codification procedure will make the law more readily accessible and easier to understand and create a â€Å"culture of compliance with the law†.[8] Ensuring that the law is simple and easy to comprehend is vital in enforcing the law, as people are more likely to adhere to a law that they are aware of an fully understand. Greater transparency will also increase access to justice, as citizens will be more aware of their rights and the means of resolving a discrimination grievance. Part two of the consultation paper concerns making the law more effective. This is a large concern where anti-discrimination law is concerned, as it is often felt that it is not the law that is the problem, but rather the fact that enforcing the law is difficult. It is this section of the consultation paper that is the weakest. The proposals include simplifying and extending public sector duties and improving the practice of equality in the private sector and outside the workplace. There are very little concrete ideas or tools which are suggested to ensure that the new laws are adhered to. The proposals mention encouraging the use of alternative dispute resolution outside of workplaces situations and giving an increasing role to the Ombudsman but these are measures that are used after an alleged discrimination has taken place. Whilst access to justice issues are clearly important, surely the primary aim should be to prevent the discrimination in the first place? Preventative measures discussed in the consultation paper are a ‘light touch’ equality check tool and a voluntary equality standard. These provisions are insufficient. They may be all well and good for those businesses that may be discriminating unknowingly, but where are the enforcement procedures for those who wantonly breach anti-discrimination laws? Part three relates to modernising the law. This reflects the proposals in Trevor Phillip’s review. The paper states that whilst part of the aim is a codification of the current law, it wants to go beyond this: â€Å"Rather than just consolidating the current legislation, we want to take this opportunity to review it, and decide whether we can improve it, to make it fit for the 21st century.†[9] This report recognises that the law does need to be streamlined, but also modernised. For example, the proposed single Equality Act will codify the recent changes to the law regarding public bodies and racism and gender and disability discrimination, but it will go further than this and include â€Å"gender reassignment, age, sexual orientation and religion or belief.†[10] Further than this the new Act is proposed to include some altogether new laws regarding age discrimination. There is already new legislation in force protecting from age discrimination in the workplace and the plan is to extend this to the supply of goods and services: â€Å"The Equality Bill will enable us to make it unlawful to discriminate against someone because of their age when providing goods, facilities and services or carrying out public functions.†[11] This is a contentious claim on the part of the consultation paper, as we will see later. There may well be new protections provided but many critics argue that the proposals do not go far enough. Clearly, therefore the new Act proposal promises the world, but can it deliver? There have been several responses to the consultation paper, and many of them negative. We will turn to discuss a selection of these now. We have seen how the Racial Equalities Commission produced a damning response, which is interesting, especially as the Racial Equalities Commission has now merged into the new Commission for Equality and Human Rights. If an organisation that is to be at the centre of the new proposals is not entirely supportive of them, it would seem that the Government is on the back foot already. The Citizen’s Advice Bureau’s response is less overt in its criticism but still feels that the proposals for a single Equality Act do not go far enough.[12] The Citizen’s Advice Bureau’s response comments that there appears to be no correlation between the new Equality Act and existing Human Rights legislation. They are of the opinion that the human rights framework should not only be a consideration in the new legislation but that they should be in some way integrated: â€Å"Not to do so seems to us to be a missed opportunity to establish a new, more integrated and effective system of human rights and discrimination law which will be fit for purpose for decades to come.†[13] Amongst other things, the Citizen’s Advice Bureau also believes that the proposals are weak in the areas of public authority duties, and that there is no parity between strands of discrimination. Of particular concern to them is that there seems to be less provided for the elderly, comparably to other strands, specifically regarding to access to goods and services. Predictably also, their response is critical of the lack of enforcement measures in the new proposals. The general consensus of this organisation’s report is that the proposals do not go far enough and they want the new law to go further than simply codifying what exists already. They are of the opinion that the proposals need an urgent review: â€Å"We would therefore urge the Government to look again at the challenge of how to achieve a workable, fair, straightforward and effective single equality law, and to address our concerns about compliance, enforcement and sanctions and the changing context of discrimination.†[14] Another key organisation which has responded to the new proposals is Age Concern.[15] Their report seems to also suggest that they do not think that the new proposals are sufficient. They are fully supportive and understanding of the need for codification and simplification but they also view the proposed Act as a wasted opportunity. They agree with the Citizen’s Advice Bureau concerning the duties of public bodies and feel that by only requiring them to focus on a limited number of equality requirements the law is actually taking a step back. They are again critical of the proposed enforcement methods and show concern about access to justice. They believe that there is still a poor awareness of legal rights under anti-discrimination law and that there is very little legal aid available which will hinder people’s access to justice. They are concerned that the proposals do little to address these issues: â€Å"Low public awareness of legal rights under discrimination law, together with the severe limitations in availability of legal aid for advice and representation in this field, represent serious barriers to effective access to justice. The idea of allowing representative claims, with an appropriate filter stage, should be revisited. This would allow bodies such as the CEHR, trades unions and consumer organisations act on behalf of groups of claimants.†[16] In fact, looking generally at some of the responses to the consultation paper and there is a striking theme. Many organisations have the same concerns on the same areas and while being supportive of the ideology of a single Equality Act are disappointed that it is not more revolutionary.[17] The question of whether the Government should rethink it’s plans for reform is a tricky one. There is definitely a general consensus that reform is necessary, despite the current criticisms of the proposed reforms. There is no doubt that the law needs simplifying and thus making it more transparent. However, there is clearly little point in implementing yet more legislation which is not far reaching enough and will require further legislation in the not too distant future to bring it more up to date. This will only result in adding more legislation to the plethora we already have. The government has an ideal opportunity here to really make a difference and take a stand against discrimination and it is very important that they make the most of it. Nevertheless, whilst the review of the law is clearly necessary, the government definitely need to review the responses to the consultation paper and take them very seriously into account. There are several common points of contention which must be addressed. There are clearly issues that need resolving regarding duties of public authorities and the new proposals for limiting the amount of equality requirements is a concern to both the Citizens Advice Bureau and Age Concern. There is a worry that if the government is too cautious with the new legislation, then anti-discrimination law will be taking a step back and will retreat from the ideas and motivation provided by the Macpherson report. The government will also need to review the numerous concerns regarding the enforcement of these new laws. Additionally, there is little consideration of how to make it easier for people to have access to justice in these proposals. The National Union of Students even comments in their review that they feel that the government has overlooked the role of education and that it can play a vital part, not only in educating about inequality but also about the law and access to justice through it.[18] It is essential that nothing is overlooked in creating such a potentially great piece of legislation, and clearly education can play a vital part, not least in attempting to rid our society of the prejudices that have resulted in the need for such legislation. If the government addresses the issues contained in many of the responses to the consultation paper they should consider bringing out a wider, more expansive and more complete proposal. The current proposals have good intentions but have not been entirely thoroughly thought out. There is also not enough correlation between Trevor Phillip’s review and the consultation paper. Many of the issues raised are covered, but not always to a satisfactory standard. For example, it would probably greatly impress the organisation’s whose reviews we have looked at here if there was some indication of Phillip’s recommendations of measured equality performance and regular and involved action by the Commission for Equality and Human Rights in the proposals, both which would aid enforcement of these laws. Overall therefore, the Government do not need to rethink its plans for reform, just the content of the reform so that the new legislation brings the UK to the forefront of the legal world in the field of human rights and anti-discrimination, which is the position we want to be in. Bibliography ADCS consultation response A framework for fairness: The Government’s ideas for a law about equality. Ideas from the Discrimination Law Review, found online at http://www.adcs.org.uk/ (as accessed on 1st December 2008) Age Concern, Summary: Age Concern’s response to a Framework for Fairness: Proposals for a Single Equality Bill for Great Britain, September 2007 Citizen’s Advice Bureau, Discrimination Law Review A Framework for Fairness: Proposals for a Single Equality Bill for Great Britain Citizens Advice Response, September 2007 Discrimination Law Review, Framework for Fairness: Proposals for a Single Equality Bill for Great Britain, June 2007 Equalities Review, Fairness and Freedom: The Final Report of the Equalities Review, Trevor Phillips, February 2007 Government Equalities Office, Framework for a Fairer Future: The Equality Bill, June 2008 Local Government Association Response to Consultation paper, September 2007, found online at http://www.lga.gov.uk/lga/aio/103575 (as accessed on 1st December 2008) Lockton, Deborah, Employment Law, Palgrave Macmillan: London, 2008 Lord Lester of Herne Hill Kate Beattie, The New Commission for Equality and Human Rights, P.L. 2006, Sum, 197-208 McColgan, Aileen, Reconfiguring discrimination law, P.L. 2007, Spr, 74-94 McCrudden, Christopher, Equality legislation and reflexive regulation: a response to the Discrimination Law Reviews consultative paper, I.L.J. 2007, 36(3), 255-266 National Union of Students, A Framework for Fairness: Proposals for a Single Equality Bill for Great Britain: NUS Response, September 2007 Smith, Ian Gareth Thomas, Smith Woods Employment Law, Oxford University Press: Oxford, 2008 The Equality Bill, Government Response to the Consultation, July 2008 The Stephen Lawrence Inquiry, Report of an Inquiry by Sir William MacPherson of Cluny, The Stationary Office, February 1999 www.equalities.gov.uk (as accessed on 1st December 2008) www.westlaw.co.uk (as accessed on 1st December 2008) 1 Footnotes [1] Established in October 2007 [2] Consultation Paper, Discrimination Law Review, Framework for Fairness: Proposals for a Single Equality Bill for Great Britain, June 2007, p.3 [3] See McCrudden, Christopher, Equality legislation and reflexive regulation: a response to the Discrimination Law Reviews consultative paper, I.L.J. 2007, 36(3), 255-266 [4] The Stephen Lawrence Inquiry, Report of an Inquiry by Sir William MacPherson of Clunt, The Stationary Office, February 1999 [5] See Criminal Justice Act 2003 [6] Equalities Review, Fairness and Freedom: The Final Report of the Equalities Review, Trevor Phillips, February 2007 [7] Ibid [8] Consultation Paper op cit (fn 2) p.16 [9] Consultation Paper Op cit (fn 2) p.12 [10] Government Equalities Office, Framework for a Fairer Future: The Equality Bill, June 2008 p. 13 [11] Government Equalities Office, Framework for a Fairer Future: The Equality Bill, June 2008 p. 16 [12] Citizen’s Advice Bureau, Discrimination Law Review A Framework for Fairness: Proposals for a Single Equality Bill for Great Britain Citizens Advice Response, September 2007 [13] Ibid, p. 4 [14] Ibid, p. 5 [15] Age Concern, Summary: Age Concern’s response to a Framework for Fairness: Proposals for a Single Equality Bill for Great Britain, September 2007 [16] Ibid, p. 5 [17] Local Government Association Response to Consultation paper, September 2007, found online at http://www.lga.gov.uk/lga/aio/103575 (as accessed on 1st December 2008); ADCS consultation response A framework for fairness: The Government’s ideas for a law about equality. Ideas from the Discrimination Law Review, found online at http://www.adcs.org.uk/ (as accessed on 1st December 2008) and National Union of Students, A Framework for Fairness: Proposals for a Single Equality Bill for Great Britain: NUS Response, September 2007 [18] See National Union of Students, A Framework for Fairness: Proposals for a Single Equality Bill for Great Britain: NUS Response, September 2007