Human rights institutions

Human rights institutions Introduction AIDS and HIV affect the lives of every human being, from those who are HIV-positive, those who know someone who is infected and those non-infected people. This is because, once AIDS and HIV hit, it will in directly or directly influences aspects of our life. As a matter of fact, AIDS is the only health concern in the world that has its own United Nations agency, also known as UNAIDS. However, apart from the work of the United Nations and its several organs does, there are several other international organisations that operate in the worldwide fight against AIDS and HIV. Examples of these international organisations are the Global Fund to Fight AIDS, Tuberculosis and Malaria and the African Union (AU). The United Nations The United Nations does not only contribute to the fight against AIDS and HIV by supply financial, technical and human resources to UNAIDS organisation only, but also coordinate a collaboration of projects and schemes through the majority of the UN agencies. These organisations all have their own particular international responses to reverse the spread of AIDS and HIV virus. Such illustrations are these international organisations: Food and Agriculture Organisation (FAO) Food expenditure in Sub-Saharan African has dropped by forty per cent in rural villages because of the AIDS and HIV virus. As stated by Marcela Villarreal who is a FAO and AIDS specialist Food is the first medicine for HIV/AIDS and often the only medicine as tragic as it is to be orphaned, it is very different being orphaned at 15 years of age than being orphaned at 7. If parents could live a few more years, they could take their children to the fields and teach them by doing.[1] In brief, parents cannot pass on the agricultural trade to their children, if their children are already orphaned by the age they could learn and understand. For this reason, FAO is working on the issue that everyone should have access to food. Food and agricultural are two vital issues for AIDS and HIV prevention, because malnutrition will increase body infections and spread AIDS-related illnesses in communities where extreme poverty reigns. International Atomic Energy Agency (IAEA) Based in Vienna, IAEA is operating to provide the technological expertise and the know-how to underdeveloped countries in regards to health and food nourishment. In 2005 the IAEA and its Director Dr. Mohammed El Baradei won the Nobel Peace Prize for the prevention of nuclear energy being used for military intentions instead for peaceful measures and goals. Therefore, IAEA decided to distribute the Nobel Peace Prize with the whole world by establishing the IAEA Nobel Prize Cancer and Nutrition Fund. This fund sponsor knowledgeable experts and research related to aid infant malnutrition and health in developing countries. Over the years the IAEA has supported numerous activities in infant nutrition where stable isotope techniques have been applied. These include projects to measure human milk intake in breast-fed infants, lean body mass (muscle mass) in lactating mothers, and bioavailability of iron in infants and young children.[2] International Labour Organisation (ILO) As stated by Juan Somavia, Director of ILO HIV/AIDS is a major threat to the world of work: it is affecting the most productive segment of the labour force and reducing earnings, and it is imposing huge costs on enterprises in all sectors through declining productivity, increasing labour costs and loss of skills and experience.[3] Concisely, employment plays a crucial role in AIDS and HIV prevention, because there are several matters that indirectly affect the livelihoods of human beings who are HIV-positive, such as: sexual discrimination, child labour and universal fundamental human rights. Thus, if there are more people who are not infected by AIDS or HIV, they can find a decent job sustain themselves and their family and thus in the end they are economically contributing the society and increasing the economic wealth. Joint United Nations Programme on HIV/AIDS (UNAIDS) Based in Geneva, UNAIDS is an innovative joint venture of the United Nations family, bringing together the efforts and resources of ten UN system organizations in the AIDS response to help the world prevent new HIV infections, care for people living with HIV, and mitigate the impact of the epidemic.[4] As a result since 2000, AIDS become an international health concern when the UN Security Council approved Resolution 1308, following this event; a series of achievements became apparent about the importance to reverse the spread of AIDS and HIV for instance the 2000 Millennium Development Goals, the 2001 Declaration of Commitment on HIV/AIDS and the 2006 Political Declaration on HIV/AIDS.[5] UNAIDS is also working in partnership with UNHCR, UNICEF, WFP, UNDP, UNFPA, UNODC, ILO, UNESCO, WHO, World Bank, NGOs, MNCs and governments to put to an end AIDS by the year 2015. Office for the United Nations High Commissioner for Human Rights (OHCHR) In 2001, the UN General Assembly ratified the Declaration of Commitment on HIV/AIDS, as part of the programme to fight AIDS and HIV by promoting universal human rights on a domestic, regional and international level. Annex 1 of the Declaration of Commitment on HIV/ AIDS states that [T]he full realization of human rights and fundamental freedoms for all is an essential element in a global response to the HIV/AIDS pandemic, including in the areas of prevention, care, support and treatment, and [] it reduces vulnerability to HIV/AIDS and prevents stigma and related discrimination against people living with or at risk of HIV/AIDS.[6] These universal human rights consist of health, gender equality, basic education and decent employment, which all play a significant role to fight AIDS and HIV epidemic. Therefore, if these human rights are not respected, human beings are vulnerable to be infected by this pandemic disease. United Nation Development Fund for Women (UNIFEM) UNIFEMs procedure is targeted to help women and young girls combating AIDS and HIV from sexual relations, have access to reproductive health, by promoting maternal health and preventing mother to child transmissions. This is because gender inequality and violations of womens rights make women and girls particularly susceptible, leaving them with less control than men over their bodies and their lives. Women and girls often have less information about HIV and fewer resources to take preventive measures. They face barriers to the negotiation of safer sex, including economic dependency and unequal power relations.[7] Thus, UNIFEM forefront approach is reducing aggression and discrimination against women, improving women decision-making power and decreasing the household burden women carry on their own, especially when it comes to taking care of HIV-positive relatives while continuing to manage their household and working full-time. United Nations Childrens Emergency Fund (UNCEF) AIDS and HIV has radically altered the perspective of Sub-Saharan African children on how they view the world, especially if they are orphaned at a young age with nowhere to go and no one to feel belong to. As a result, UNICEF launched its response to prevent the transmission of AIDS and HIV particularly among children is by encouraging thefour Ps guide, which are preventing mother-to-child transmission, providing paediatric care, preventing infection among adolescents and protecting children affected by AIDS.[8] The 2005 campaign Unite for Children, Unite Against AIDS was aimed to do away with the situation that few children reach beyond their fifth birthday, because of child mortality, inadequate medical care and lack of primary education. UNICEF isnt just seeking to eliminate AIDS among children, but according to Mr. Jimmy Kolker UNICEF Chief of HIV/AIDS and Associate Director of Programmes, UNICEFs goal is to eliminate the need for that treatment by seeing an AIDS-free generation .[9] United Nations Development Programme (UNDP) UNDP is undertaking the responsibility to prevent the spread of HIV/AIDS and reduce its impact. As a trusted development partner, and co-sponsor of UNAIDS, it helps countries put HIV/AIDS at the centre of national development and poverty reduction strategies; build national capacity to mobilize all levels of government and civil society for a coordinated and effective response to the epidemic; and protect the rights of people living with AIDS, women, and vulnerable populations.[10] UNDP is currently concentrating on AIDS in relation to development planning and mainstreaming; governance of AIDS responses; international law, human rights, gender equality such as sexual minorities, public health and development partnerships, basic education and maternal and child morality.[11] United Nations Educational Scientific and Cultural Organisation (UNESCO) UNESCO is working to stop the spread of AIDS and HIV around the world, by eradicating the social and cultural barriers and put forward on its international agenda the issue of universal education. This is because by increasing [the] role of education sectors is also a recognition that a good education is one of the most effective ways of helping young people to avoid HIV/AIDS.[12] Education is the basic foundation of every human being. Without education, human beings are more prone to be vulnerable to AIDS and HIV and that particular individual cannot develop the knowledge of trade so that anyone can economically stable. On the other hand, through its programme The Cultural Approach to HIV and AIDS Prevention and Care UNESCO is continuing to eliminate cultural ignorance of the local citizens to help them combat the stigma and discrimination that surrounds AIDS and HIV. United Nations Environmental Programme (UNEP) As stated by Achim Steiner, Executive Director of the UNEP, UNEP as the principal UN body in the field of the environment, recognizes that human well-being is the focus of environment and sustainable development issues. Tackling poverty, promoting gender equality and combating HIV/AIDS are all linked to environmental sustainability; just as environmental sustainability is an essential component of achieving all the UN Millennium Development Goals.[13] In fact, developing countries were the least countries emitting greenhouse gas emissions, but they were the most affected by climate change due to desertification, lack of rain and drought. The environment erected a barrier towards AIDS and HIV prevention since there was the lack of food storage among African citizens. Thus, this is why, UNEP is contributing its share to compensate African countries which are the most badly affected by the issue of climate change. United Nations High Commissioner for Refugees (UNHCR) Refugees around the world are more prone to be infected by AIDS and HIV because of ethnic conflict, dislocation, food insecurity and extreme poverty.[14] Food insecurity is the major cause for the fleeing of thousands of refugees to neighbouring countries for shelter and a chance to have a better life. However, refugees who leave their homeland, because of racial clashes often take whatever they have in hand to escape. Once they are in another region they are in deeper poverty because they do not have sufficient money to start a new life and thus they end up living in slum areas and relying on begging in order to get something to eat. Therefore, UNHCR is operating on the notion of food insecurity is the result for the spread of AIDS and HIV since human beings especially women against their wish turn to sex work as a means to economically sustain themselves. United Nations Human Settlements Programmes (UN-Habitat) UN-Habitat is working together with local and international policy-makers to improve this lies of people living both in urban and rural areas. These measure which include improved water and sanitation facilities, enhance the lives slum dwellers, eliminate extreme poverty and encourage sustainable development. Dr. Anna Kajumulo Tibaijuka Executive Director of UN-Habitat, stated that in order to prevent the continuation of the spread of AIDS and HIV, one needs to first focus on the goal to have secure shelter, because without a secure home, and a caring family and community, it was difficult, if not impossible, to provide health care and effective counselling to those afflicted.[15] In other words, UN-Habitat has the responsibility to prevent AIDS and HIV, by first tackling the issue of safe housing particularly in Sub-Saharan Africa where there are a lot of homeless people due to extreme poverty. United Nations Office of Drugs and Crime (UNODC) UNODC is in charge on the issue to prevent AIDS and HIV epidemic among injecting drug users and in prison settings around the world especially in the Sub-Saharan region. Therefore, the UNODC is mainstreaming HIV and AIDS into its activities at the national, regional and global levels, and is helping States and civil society organizations to develop and implement comprehensive HIV and AIDS prevention and care programmes for injecting drug users.[16] Also, with the slogan Think AIDS, before you start, before you shoot, before you share, the UNODC is aiming to increase awareness and knowledge on the dangers of illegal substances and their relation to AIDS and HIV viruses especially among adolescents. This is because, it is estimated that there are around 16 million drug users globally and there is the possibility that one in five are HIV-positive.[17] United Nations Population Fund (UNPFA) UNPFAs responsibility is to promote prevention of AIDS and HIV among all genders and all generations, because UNPFA considers AIDS and HIV as an international humanitarian crisis that affects every human being around the globe. These are mainly done by distributing contraceptives and knowledge of birth control among women, refugees and young people, advertising universal access to health especially anti-retroviral drugs, gender equality, respect for human rights and eliminate abject poverty. UNPFA view the role of women as a key factor towards the progress of AIDS and HIV prevention. In fact, as stated by Ms. Thoraya Ahmed Obaid, Executive Director of UNFPA Women who have been affected by the epidemic are the real experts in the response to HIV Their experience allows them to give concrete, practical, down-to-earth advice. But their participation must continue beyond an advisory role. Women should also have more say in budgetary decisions.[18] World Food Programme (WFP) Like FAO and UNHCR, WFP is tackling the issue of food security as a root for AIDS and HIV prevention. Famine in Sub-Saharan African countries has forces local citizens to turn into piracy, crime and prostitution to feed themselves and their family. This is why WFP is working to distribute food as food is the forefront means against the battle of AIDS and HIV disease. According to James T. Morris, Executive Director of WFP, he believes that Existing therapies require sound nutrition. Adequate food is essential for prolonging the lives of parents and enabling them to have a few more precious weeks, months or maybe even years to work and spend time with their families. Perhaps we cannot give them hope for a cure, but we can give them time.[19] In other words, Sub-Saharan African people, apart from decent supply of medicines and drugs they are in need more of good quality of food. World Health Organisation (WHO) WHO is at the front position in regards to the wellbeing and health of citizens of those who are HIV-positive, are affected by AIDS and HIV or are in danger to be infected by this pandemic disease. Moreover, WHO strategic plan to prevent the spread of HIV and AIDS are by facilitate inhabitants to know their HIV status, enlarge the health divisions towards the continuation of AIDS and HIV prevention, increase the development of HIV treatment, support and care, improve and enlarge health procedure, Invest in premeditated knowledge and awareness for better education in regards to AIDS and HIV response.[20] These five important guidelines will help to give a better life to patients suffering from AIDS or HIV. Policies of the African Union African Union is a pan-African and inter-governmental organisation that aims to have a mutual partnership to increase affluence and peaceful relations between all African nation states. This union, which consists of thirty-five member states, is currently chaired by Colonel Muammar Gaddafi of the Great Socialist Peoples Libyan Arab Jamahiriya. The African Unions purposes in international relations is to point towards to promote unity and solidarity among African States; to coordinate and intensify cooperation for development; to safeguard the sovereignty and territorial integrity of Member States and to promote international cooperation within the framework of the United Nations.[21] Above all, the African Union has various projects to put Africa on the international agenda, among these projects there are specific measures taken to eliminate the burden of malaria, tuberculosis and AIDS and HIV in Africa. These international health concerns are tackled, on an international level, with a collaboration of other international organisations such as the United Nations and the Millennium Development Goals. In order to deal with the problem of AIDS and HIV in Africa, the AU on May 2006 organised a Special Summit themed as the Universal Access to HIV/AIDS, Tuberculosis and Malaria Services by 2010 in Abuja, Nigeria. This summit included delegations from civil society organizations, the UN and its agencies together with members of the African Union and its thirty-five AU member states. This summit started with a follow-up of the results that came out from the 2000 Declarations and Frameworks for Action on the Abuja Summit on Roll Back Malaria and the 2001 Abuja Summit on HIV/AIDS, Tuberculosis and Other Related Infectious Diseases.[22] However, this special summit set out new goals that were: first is to re-evaluate the accomplishments made since the 2000 and the 2001 Abuja summits to make sure the AU reach the objectives, in the context of the Millennium Development Goals. Second is to recognise the disparities, limitations and confrontations of the aims of the Abuja Summits and Millenni um Development Goals. Third is to ascertain new plan of action that will allow the African Union to keep a record of additional and more pragmatic route with regards to attain the mention targets. Fourth is to get hold of the improved responsibility of the African Leaders for addressing the diseases of AIDS/HIV, malaria and tuberculosis and encouraging health and wellbeing in Africa. Fifth is to intensify the African Peer Review Mechanism (APRM) within the framework of the New Partnership for Africas development (NEPAD) and for assessing the development towards establishing social development. And, sixth was to plan Africas Common Position to global forums such as the 2006 UNGASS on AIDS and the 2006 World Health Assembly.[23] Recently, between the 4th and the 8th of May 2009 in Addis Ababa, Ethiopia was launched the 4th Session of the AU Conference of Ministers of Health. The subject of this conference was Universal Access to Quality Health Services: Improve Maternal Neonatal and Child Health. The AU Conference of Ministers of Health provided an important forum for Member States, development partners and other stakeholders to, among others: review progress in health sector development, particularly universal access to services and the health-related MDGs in Africa; devise/adopt strategies for accelerated action towards more effective implementation of commitments for promotion of maternal and child health, survival and well-being in Africa; share experiences and learn from each other as concerns ongoing programmes and activities on health and development in Africa.[24] In other words, this conference shows that African states especially Sub-Saharan countries are well aware about problems in their individu al health sector, and the lack of medicine and drugs to combat HIV and other AIDS-related diseases. Therefore, this is why they are working in an alliance to achieve mutual goals. This conference also publicly introduced the AUs Campaign on Accelerated Reduction of Maternal Mortality in Africa. As well as, the African Union is also giving special attention by concentrating on the issue of AIDS and HIV among the armed forces. Furthermore, on July 2009 in Sirte, Libya during the ordinary session of the African Union launched a programme named Investing in Agriculture for Economic Growth and Food Security.'[25] Overall, all of these key procedures are taken to deal with the issue of health and wellbeing especially AIDS and HIV from an African perspective, particularly focused to help fellow Sub-Saharan African states. African policy-makers and leaders are taking considerate interest to fight AIDS and HIV from every viewpoint, because they know at firsthand about the social, cultural and economical difficulties this virus brings among their nation. Thus, this is why they are undertaking the notions of health both maternal and infant wellbeing, the local economy, national security and agricultural and food security as a serious matter. Global Fund to Fight AIDS, Tuberculosis and Malaria The Global Fund to Fight AIDS, Tuberculosis and Malaria was founded in 2002, by a mutual partnership between national governments, the civil society, bilateral and multilateral international organizations, the private sector and affected societies stand in for innovative paradigm to global health funding.[26] The Global Fund is an exclusive international public and private partnership dedicated to attracting and disbursing additional resources to prevent and treat HIV/AIDS, tuberculosis and malaria. On June 10th 2009, the Global Fund participated in the 2009 HIV/AIDS Implementers Meeting in Windhoek, Namibia, together with the U.S. Presidents Emergency Plan for AIDS Relief (PEPFAR), UNAIDS, UNICEF, WHO, World Bank and The Global Network of People living with HIV (GNP+). This meeting themed Optimizing the Response: Partnerships for Sustainability, attracted more than 1,500 representatives of governmental and non-governmental institutions related to AIDS and HIV. The scope of this conference was to implement a strategic plan and new policies for prevention that will help to stop the spread of AIDS and HIV around the world. In fact, recognizing the importance of a sustainable global AIDS response, the focus of this years meeting will be on optimizing the impact of prevention, treatment and care programs; enhancing program quality; promoting coordination among partners; and encouraging innovative responses to the pandemic.[27] Carla Bruni-Sarkozy who is Frances First Lady is currently the ambassador for the Global Fund to Fight AIDS, Tuberculosis and Malaria. Ms. Bruni-Sarkosy is advocating the issue of mother-to-child transmission, by giving a voice on an international level for the many women and children suffering from or affected by AIDS and HIV. On September 2009, Ms. Bruni-Sarkozy delivered a speech at the UN General Assembly, to call on all world leaders to guarantee the increase of the amount of anti-retroviral drugs to HIV-positive expecting mothers. During her speech, which also attended by UN General Secretary Ban Ki-Moon, Carla Bruni-Sarkozy stated that In large parts of the world, the face of AIDS is a womans face, and often the face of a mother, a mother afraid for herself and for her child. Isnt this a major failure of our efforts to promote development, when women under treatment can better care for themselves and their families, and form the solid foundation of an entire community, an enti re economy?[28] Concisely, Bruni-Sarkozys vision is that, if African countries, with the help of Western nation states remove the barriers and start to educate women about maternal and reproductive health. This investment will build on fertile grounds, the basis of loving and supporting families which will be beneficial to the whole society and will results in better economic system that will be valuable to the whole nation. As part of World AIDS Day campaign, on 1st of December 2009, the Global Fund to Fight AIDS, Tuberculosis and Malaria together with The U.S. Presidents Emergency Plan for AIDS Relief introduced another project that will mutually be providing anti-retroviral drugs to more than three million patients, around the world who live in states that have low or middle wages. PEPFAR and the Global Fund enjoy a complementary and supportive relationship in the fight against HIV and AIDS worldwide. In order to exploit synergies, PEPFAR and Global Fund-financed programs coordinate at the country level to ensure that resources are used efficiently and effectively. Collaboration and coordination are crucial to the efficient use of money and for making further progress in providing AIDS treatment and care to the millions still in need.[29] In other words, both PEPFAR and the Global Fund aim to eliminate AIDS and HIV around the world by promoting preventive health care as well as anti-retroviral drugs t o patients suffering from AIDS or HIV in developed and underdeveloped countries. This is mainly done, by making the most of their available medicine to reach the vast number of people as possible, and thus change for the better the lives of the citizens. The Global Funds mission is to bring international health concerns like AIDS, tuberculosis and malaria on the international agenda so that the general public around the world can educate oneself about prevention and symptoms of such diseases. It also inform the civil society about how it badly effective underdeveloped countries such as Sub-Saharan states because of the lack of education that is available to the public. This is why, the Global Fund had launched a series of schemes and project to donate medicine and drugs in order to cure patients affected by AIDS and HIV or other related illness while educating those people who are not infected on how to prevent being contaminated by this virus. Conclusion AIDS and HIV consumes health, resources and productivity within the national and international; community. Therefore, this is why we are in need of a global response to fight AIDS and HIV illness from every aspect, because every aspect of ones life that is from education to health to housing to the national economy, affects the lives of the inhabitants especially those who are in danger to be infect by HIV or have an AIDS-related infection. Affluence plays a major role in the policy of a nation state, because the wealthier the country is, the more people can have a better standard of living and distant from any deathly disease. This is why the UN, AU and the Global Fund are bringing about the downfall of AIDS and HIV by implementing policies from every outlook. http://www.fao.org/english/newsroom/news/2002/11580-en.html [assessed December 2009] Kinley D. III (ed.) (2006) IAEA Nobel Peace Prize Cancer and Nutrition Fund. Austria: International Atomic Energy Agency. Page: 7. Citing Juan Somavia, Director-General of the International Labour Organisation (2001) An ILO Code of Practice on HIV/AIDS and the World of Work. Geneva: International Labour Office. Page: iii. http://www.unaids.org/en/AboutUNAIDS/default.asp [assessed December 2009] http://www.unaids.org/en/AboutUNAIDS/Goals/default.asp [assessed December 2009] Citing the Declaration of Commitment on HIV/AIDS from OHCHR and UNAIDS (2007) Handbook on HIV and Human Rights for National Human Rights Institutions. Geneva: Office of the United Nations High Commissioner for Human Rights and the Joint United Nations Programme on HIV/AIDS. Page: 3. http://www.unifem.org/gender_issues/hiv_aids/ [assessed December 2009] http://www.unicef.org/aids/index.php [assessed December 2009] Citing Mr. Jimmy Kolker UNICEF Chief of HIV/AIDS and Associate Director of Programmes from http://www.unicef.org/aids/index_51958.html [assessed December 2009] http://www.undp.org/hiv/ [assessed December 2009] http://www.undp.org/hiv/docs/UNDP%20response%20to%20AIDS_08.pdf?asset_id=1671970 [assessed December 2009] http://www.ibe.unesco.org/AIDS/doc/WorldBank_Sourcebook.pdf [assessed December 2009] http://www.unep.org/Documents.Multilingual/Default.asp?DocumentID=496ArticleID=5445l=en [assessed December 2009] http://www.unhcr.org/cgi-bin/texis/vtx/search?page=searchdocid=42f31d492query=aids and hiv [assessed December 2009] http://www.unhabitat.org/content.asp?cid=3011catid=5typeid=6subMenuId=0 [assessed December 2009] http://www.unodc.org/unodc/en/hiv-aids/ [assessed December 2009] http://www.unodc.org/docs/thinkaids/Factsheets_2009/factsheet_EN.pdf [assessed December 2009] Citing Ms. Thoraya Ahmed Obaid, Executive Director of UNFPA from http://www.unfpa.org/public/cache/offonce/News/pid/1141 [assessed December 2009] Citing James T. Morris, Executive Director of WFP from http://www.wfp.org/sites/default/files/First%20Line%20of%20Defense%20English.pdf [assessed December 2009] http://www.who.int/hiv/aboutdept/en/index.html [assessed December 2009] http://www.africa-union.org/root/au/AboutAu/au_in_a_nutshell_en.htm [assessed December 2009] http://www.africa-union.org/root/au/conferences/past/2006/may/summit/summit.htm [assessed December 2009] http://www.africa-union.org/root/au/conferences/past/2006/may/summit/summit.htm [assessed December 2009] http://www.africa-union.org/root/UA/newsletter/publication%2040%20may%202009.pdf [assessed December 2009] http://www.unaids.org/en/KnowledgeCentre/Resources/FeatureStories/archive/2009/20090702_African_Union.asp [assessed December 2009] http://www.theglobalfund.org/en/partnership/?lang=en [assessed December 2009] http://www.theglobalfund.org/en/pressreleases/?pr=pr_090611 [assessed December 2009] Citing Ms. Carla Bruni-Sarkozy, First Lady of France from http://www.theglobalfund.org/en/pressreleases/?pr=pr_090922 [assessed December 2009] http://www.theglobalfund.org/en/pressreleases/?pr=pr_091201a [assessed December 2009]

Selected consumer rights

Selected consumer rights Introduction The law is complex in any situation whether it is a road traffic offence under the strict liability rules or a serious manslaughter charge under the criminal law. The area of consumer protection law is no different and is complex with legislation coming from many different sources, statute, common law and EU Directives to name just three sources. For example, Silberstein, 2007, argues that every consumer transaction is based on law of contract, therefore technically every consumer should understand the basics of contract law before moving on to understand the special rules and statutes regarding consumer law. This is a complex area for any undergraduate to understand and therefore an area that some consumers, e.g. the elderly, would find extremely difficult to understand. A consequence of complex consumer protection legislation is commented on by Marsh in his 2008 book Consumer Law. Many people do not know their rights when encountering problems at the point of sale or after (p.7) Hypothesis Initial research has led to the conclusion that consumer law is complex and because of this few consumers and businesses actually understand it fully and therefore sometimes customers and indeed businesses are applying the law wrongly. This project aims to look at this in detail and to prove if the hypothesis is founded or not. The main purpose of this report is to first identify the main consumer legislation and then to investigate if Silberstein is correct in her view that consumer law is complex and through primary research if Marsh is correct when he says that many people do not know there consumer rights. Rationale This project forms part of the third and final year BA (Hons) Business Management (Legal Studies) degree at MMU Cheshire and is therefore a substantial reason for completion of this project. However over the course of the legal studies program many topics have been studied and through this project the opportunity has arisen to explore and research a particular area of interest. Having studied this topic in Advanced Managerial Law and having experenice of retail and selling consumer law was a topic that captured my imagination, it is unlikely that anybody will have not come into contact with it, knowingly or unknowingly, for example a contract is made for the simple purchase of a loaf of bread and is therefore has an impact on every bodies life. Research Methodology Having laid down some aims and objectives, a number of secondary sources i.e. statutes, textbooks and journals will be looked at to try and establish what are regarded as the main consumer laws in the UK. Having done this and using the same research a more in depth explanation of these laws will be written, providing practical examples, possibly through primary research to aid their understanding. Primary research will be used in the form of a questionnaire to attempt to ascertain what knowledge general consumers and businesses have of the law using case studies and a Likert Scale answering system. The data will be collected from 20 consumers and 10 businesses. Primary data will be exclusive and original for this task because the questions can be tailored to my specific needs and will also ensure direction over the integrity of the data ensuring a fair cross section and sample of society is used. Secondary data would be unsuitable as it is unlikely someone has already conducted the exact research that is needed and as already mentioned no control or reassurance over the integrity of the data sourced would be available. The primary data will be analysed to draw conclusions and any applicable secondary research will be used to back up the findings. Finally using all the primary and secondary data gathered to date an evaluation of the findings will take place to draw a conclusion on if consumers and business are aware of the main consumer laws drawn from earlier research. Aims and Objectives To research which laws are the main laws regarding consumer purchasing and protection. Research to explain and give examples of these laws in action and there effects on both consumers and businesses. To devise a series of questions/situations regarding the main laws identified to test the knowledge of consumers and businesses. To report and critique on the findings. To evaluate the report and findings from previous sections to draw a conclusion and make any recommendations/suggestions to the current main consumer laws. What are the main consumer protection laws in the UK? As mentioned previously the law is complex and there could be many statutes and regulations that could be regarded as main consumer protection laws just a quick search on the internet produces a long list that includes; Sale of Goods Act 1979 Unfair Contract Terms Act 1977 Consumer Protection Act 1987 Consumer Protection (Distance Selling) Regulations 1999 Electronic Commerce Regulations 2002 General Product Safety Regulations 2005 Consumer Credit Act 1974 Package Travel, Package Holidays and Package Tour Regulations 1992 Food Safety Act 1990 Consumer Protection (Unfair Trading) Regulations 2008 As has been established the general law of contract gives some protection. Silberstein states that it is the basis of every consumer transaction. Marsh, 2007 says that the tort of negligence also gives limited protection in circumstances where a consumer has no contractual rights. It had to be decided which Statutes and Regulations were to be investigated in this research project and which gave consumers most protection. The first obvious Statute to use was the Sale of Goods Act 1979 (SGA) as this covers almost every consumer transaction that takes place. Marsh, 2008:9, says, The major area of law which supports and assists consumers is the Sale of Goods Act 1979. This Act governs all transactions where goods are transferred for a price. By way of further note if goods are swopped or exchanged then the goods are covered by the Supply of Goods and Services Act 1982, however if any amount of cash is involved no matter how small then the Sale of Goods Act 1979 will apply. The SGA covers any transaction where goods are transferred for a price but what statutes and regulations protect consumers in relation to how you pay for those goods? Transactions that are becoming increasingly popular such as purchase by credit card or hire purchase agreement? The answer is the Consumer Credit Act 1974. Indeed, Broomfield, 2007:53, states The most important Act dealing with consumers and credit is the Consumer Credit Act 1974. The main aim of the Act was to regulate the formation, terms and enforcement of credit and hire purchase agreements. It was then felt that with Acts from 1974 and 1979 respectively that the next choice should be relevant to todays society. This is not to say that the Acts already mentioned are not relevant but back in the 1970s telephone and TV selling was very uncommon, and the increase in this type of selling is why the Consumer Protection (Distance Selling) Regulations 1999 were introduced. These have been kept up to date and relevant by the separate but intertwining Electronic Commerce Regulations 2002 which specifically apply to internet transactions or contracts concluded by electronic means over distance. These rules regulate regarding orders, cooling off periods, fraud and unsolicited goods. One Act to mention would be the Consumer Protection Act 1987 as this would be an obvious choice for inclusion, however, the Consumer Protection Act deals largely with after the event occurrences; for example it deals with liability for defective products, government powers to regulate consumer safety through delegated legislation and statutory instruments and finally a section on price misleading which is discussed briefly later. It was therefore decided as the first two sections regarded largely situations where it would be difficult or unlikely to propose scenarios that were easily identifiable and answerable by people to answer the question Do consumers and businesses understand and know their rights under selected consumer law? that it would be omitted after the section of this report that looks at the legislation in more detail. Consumer law is ever changing and developing to opinion and the needs of consumers. Take for example the internet, Nowak and Phelps (1992) found that 91 percent of individuals surveyed felt that businesses and governments were not doing enough to protect their privacy online. Bennett (1992) and Smith (1994) commented that regulatory responses were usually triggered in reaction to an increasing level of discontent within the populace, which is transmitted to legislators in some manner. Wirtz et al (2007) found that that robust perceived business policies and governmental regulation had now reduced consumer privacy concern. Consumer Protection Laws in theory and practice The Acts and Regulations that we have identified as the main consumer protection laws in the UK that will be discussed in detail are; Sale of Goods Act 1979 Consumer Protection Act 1987 Consumer Credit Act 1974 Consumer Protection (Distance Selling) Regulations 1999 Electronic Commerce Regulations 2002 Sale of Goods Act 1979 There is a common law Latin maxim of Caveat Emptor or buyer beware, this was meant to warn all buyers about the potential problem of buying products. Before the SGA 1979 a purchaser could not claim goods were defective unless he had obtained express guarantees from the vendor (seller) on the quality, usage and condition of the product. (Law, 2008 Richards, 2009) By way of consumer law with regard to contract most purchases made by consumers or made on the basis of invitation to treat this comes from the Latin phrase invitatio ad offerendum and means an inviting an offer. For example, if you go to a supermarket the items on display are being offered to you as an invitation to treat, the offer and acceptance of the contract does not occur until you have paid for the items. A supermarket is well within its rights to withdraw from sale any item or change the price, and refuse to sell it to you unless you have completed the purchase and therefore the contact of sale and purchase, this if course works vice versa in that you can take items in and out of your trolley before purchase. Advertisements are also regarded as an invitation to treat and not an offer, the person placing the advert is not obliged to sell to every customer. This was decided in the case of Partridge v Crittenden [1968], it was held that where the appellant advertised to sell wi ld birds, he was not offering to sell them. Lord Parker ruled that it did not make sense for all advertisements to be offers, as the person making the advertisement could be obliged by contract to sell more goods than he actually owned. (Westlaw Database, 2010) In the Sale of Goods Act 1979 a seller is required via statute to compile with certain obligations; there are certain times when terms maybe implied into the contract. I.e. it is not directly written into the contract but is made part of the contract due to statute. These are implied terms and impose an offence of strict liability on the seller if breached. Implied terms were added to protect the consumer giving them certain rights and guarantees in every sale, we will now look in detail at the implied terms. Implied Terms under the Sale of Goods Act 1979 This implied term states that a seller must have the right to sell the goods and to transfer the title of them to the buyer. Under the Act a seller can only compile with this in two ways by either having ownership of the title themselves or if they are acting with the real title holders permission, such as in business transactions at the time of sale. A case involving and demonstrating Section 12 is that of; Rowland v Divall [1923] Description (Section 13) There is an implied term that all goods must match and correspond with any description used. Most goods are sold with some type of description whether it be given by word of mouth, for example the shopkeeper saying these boots are waterproof or by written notice, for example a notice saying pure lamb wool jumpers. In the case of some transactions it is necessary to note that the seller is also responsible for labels attached by the manufacturer and notices on boxes even though he did not apply them. Description is important as some goods are sold entirely on description, for example, mail order. Almost all goods are sold on description and the seller is in breach of contract if this is inaccurate (Adams, 2008) Again a case involving and demonstrating Section 13 is Beale v Taylor [1967] Quality (Section 14(2)) Where a seller sells goods in the course of a business there is an implied term that the goods are of satisfactory quality. Satisfactory quality means the standard to which the reasonable man, sometimes referred to as the man on the Clapham omnibus would expect taking into account all relevant circumstances such as price paid, for example the interior of a  £50,000 car would be of substantially better quality than that of a  £5,000 car. An example of a case involving quality is that of Godley v Perry [1960]. In this case there was a breach of Section 14(2) as the item was not of satisfactory quality and Wilson v Rickett Cockerell LTD [1954] where a delivery of coal contained fragments of detonators and caused an explosion and damage to property. The coal was not of satisfactory quality. There are however limits to liability under S14(2) this section only applies where a sale arises in course of business. The seller cannot be held liable of the buyer knows about the defects and this can be achieved in two ways either by notice of the defect being given by the seller for example a tear on sleeve or spare tyre missing. The other way is by inspection by the buyer; buyers are not under any obligation to inspect items but if they do sellers can then not be held accountable for defects that should have been reasonably evident. A seller however is not liable for misuse or damage caused by the ultimate consumer. Two cases that show this point are; Aswan Engineering Establishment Co. LTD v Lupadine LTD [1987] and Heil v Hughes [1951]. Fitness for Purpose (Section 14(3)) Where goods are sold in the course of business they must be reasonably suitable for any purpose in which the goods are normally sold. (Adams, 2008:231) Goods must also comply with any special purpose that the seller claims, also if the buyer makes known to the seller the purpose for which the product is being bought and to be used any recommendation must also comply with this and be reasonably fit for purpose. Fitness for purpose claims rely on the buyer being able to show that he placed reliance on the seller when purchasing the goods; such reliance may be either implicit or explicit. Implicit reliance is when a buyer does not rigorously inspect the goods or ask questions about then but they turn out to be not fit for the usual purpose of those goods. If a buyer does not ask then a seller is not liable if the goods turn out to be required by the buyer to perform above what is normally required. (Adams, 2008) A case to illustrate this point is Griffiths v Peter Conway [1939] Explicit reliance is where the buyer asks questions and the seller recommends a product for that purpose for example, if you visit a boat shop and ask which motor is suitable for your type of boat, take the motor and it is not powerful enough then the motor is clearly not fit for purpose. (Adams, 2008) Sample (Section 15) When a sale takes place by sample there is an implied term that the bulk order will be the same as the sample in quality, for example, same materials, same resilience to damage etc. There is also an implied term that the goods will be free from any defects not noticeable on reasonable examination of the sample. Looking back at Godley v Perry [1960] the catapults had been sold to the shop keeper by a supplier after a sample has been viewed. Godley had tested for quality by pulling back the elastic, when damages were later awarded to Perry for his eye injury the catapult was tested and found to have a manufacturing fault that Godley could not have noted on reasonable inspection and therefore Perry could be repaid the compensation he had to pay Godley by the supplier, as the supplier was in breach of Section 15. Likewise the supplier could claim the compensation from the manufacturer as the manufacturer has a duty under tort and negligence for duty to their neighbours, in this case the ultimate consumer Godley. It is clear that the implied terms in the SGA 1979 are of paramount importance and these are implied which means they are drawn into every contract and can be expected by the consumer and must be obeyed by the seller/manufacturer of such consumer products. Other rights given under the SGA 1979 include S6 and S7 regarding perishable goods, S29 and S30 regarding delivery of goods and Part V of the Act, grants additional rights in consumer cases such as those in S48(b) Repair or Replacement of Goods. Consumer Protection Act 1987 This Act has three main parts as discussed regarding liability for product defects, health and safety delegation and price misleading. Part III of the Act regarding price misleading is the part on which this project will focus as this is the main part concerning all consumers. Law of contract means a shop can withdraw an item for sale or change its price before purchase because of the rules regarding invitation to treat. The shop however cannot mislead as to the price of an item; the Act states in S20(1) a person shall be guilty of an offence if, in the course of any business of his, he gives (by any means whatever) to any consumers an indication which is misleading as to the price at which any goods, services, accommodation or facilities are available (whether generally or from particular persons). So if a shop deliberately prices to mislead, for example giving prices exempt of VAT but not stating this they will have committed the criminal offence of misleading according to price, likewise if a shop was found to have deliberately mispriced an item in a sale saying it was more expensive then it has ever been offered for sale would also be guilty of the offence. This is one reason you will see disclaimers on sale boards such as this product has been offered at the higher price in at least 20 of our stores for the last 28 days. Cases considering incorrect and misleading pricing were Toys R Us v Gloucestershire CC [1994] and MFI Furniture Centres Ltd v Hibbert [1996] A shop would not be guilty if the item pricing was an honest mistake and any further mispriced items were removed immediately from sale. Consumer Credit Act 1974 The Consumer Credit Act 1974 was introduced because according to MacLeod, 2007, In twentieth century, there was explosive growth in the use made of instalment credit by both business and private consumption by 1980 80% of the market was lender credit largely due to the expansion of store cards. Unfortunately whereas the well-off were able to take part in exclusive offers, the less well off were found to be running up debt from pawnbrokers and loan-sharks, some lending modest amounts but using an unregulated industry to make large amounts in return. The CCA 1974 addressed this issue amongst others. Credit for consumers comes largely in two forms, either the borrowing of money and paying it back over a period of time for a specific item, commonly known as a hire-purchase (HP) agreement and borrowing by credit card. These are two main areas regulated by the Consumer Credit Act 1974 and the two areas to be discussed further as they affect shopping consumers the most. Sections 87-93 are some of the sections of the Consumer Credit Act 1974 that deals with HP agreements. Sections 87-89 deal with default (usually non-payment) and state that if there is a breach of the agreement the creditor must serve the debtor with a default notice before taking any action. This notice must explain the nature of the breach, what must be done to remedy it and if it is not what will happen. The debtor must be allowed at least 14 days in order to remedy the breach from the time of issue. If it is remedied then the breach is treated as if it never happened, if it is not then the creditor can take action to recover monies owed. Sections 90-92 deals with the repossession of goods and states that a creditor must obtain a court order before he can enter a premise to repossess goods and that if a third of the amount in the agreement has been paid (not including interest) then the goods are protected and a court order is also needed to repossess the goods without the debtors permission. In Common Law, this has been seen in the case of Capital Finance Co LTD v Bray [1964] The main outcome of this case was failure to obtain a court order for protected goods which are repossessed has the effect of terminating the agreement, releasing the debtor from further liability and allowing recovery of all sums paid by the debtor. Also in regard to HP agreements the SGA 1979 states that a seller must have title of goods before they can sell items, however, in the case of hire purchase, who owns the product whilst it is still under an HP agreement? This was decided by the case of Helby v Matthews [1895]. It was decided that until the last instalment had been paid that the ownership stays with the supplier of the finance and title passes on payment of the final instalment. Helby v Matthews also deals with an issue over selling of goods under a HP agreement, it was again decided that ownership is with the original supplier of finance until the last payment has been made so goods can be recovered. With regard to payments made by credit card, Section 56 of the Consumer Credit Act 1974 states that the supplier, from whom you buy the goods is the creditors agent. (For example, VISA or Mastercard) The creditor is responsible therefore for misrepresentations of supplier. Section 75(1) of the Consumer Credit Act 1974 states; If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c)* has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor. On condition the cash price of the item being supplied is over  £100 but not more than  £30,000 (including any VAT). (www.oft.gov.uk) *Section 12(b) and (c) refer to the type of transaction that must be involved for it to be applicable (and explain in explicit terms what each means) under Section 75(1) debtor -creditor-supplier agreements. Debtor-Creditor-Supplier Agreements occur when there is a link between the creditor and the supplier. For example a credit card transaction. Debtor-Creditor Agreements are not covered by Section 75(1) and this would be things such as a bank overdraft. An example of a situation on which this Act can be valuable is used later in the scenarios for the questionnaire and means in practice that if a valid purchase was made from a shop and that product broke through not being of sufficient quality, if that shop has ceased trading you would be able to claim through your credit card company as they are both equally responsible under the law and there has been a breach of the SGA 14(2). Consumer Protection (Distance Selling) Regulations 2000 ((2005) as amended) The Distance Selling Regulations 2000 replaced large sections of the Unsolicited Goods and Services Act 1971 in response to the growing number of other ways to conclude contracts when buying items, e.g. telephone, mail order etc. The Distance Selling Regulations are a Statutory Instrument (SI2000/2334) that makes EU Directive 97/7/EC law in the United Kingdom. The Distance Selling Regulations specifically cover the practices set out in Schedule 1 of the Regulations these are; unaddressed and addressed printed matter, letter, press advertising with order forms, catalogues, telephone calls with or without human intervention, radio, videophone or videotext, e-mail, fax and teleshopping. There was a now uncommon practice called inertia selling in which a salesman would send to households goods they had not ordered later followed by an invoice hoping that fear of reprisal for non-payment would see them pay the invoice. In fact, broadly speaking it is now that the goods can be treated, in certain circumstances, as an unconditional gift and kept without paying a penny. Although the recipient will have to be careful a court would not rule that he had accepted the goods by conduct as seen in Weatherby v Banham [1832] or with regard to services in Trinder Partners v Haggis [1951]. (Brownsword, 2009) This issue is specifically dealt with in Reg. 24. Another major regulation is regulation 7 this protects consumers giving specific details on what information must be transferred to the buyer by the seller for the contract of sale to be legal, these is to ensure the consumer knows exactly what is happening in a distance selling situation. Regulation 7 states; 7. (1) Subject to paragraph (4), in good time prior to the conclusion of the contract the supplier shall- (a) provide to the consumer the following information- the identity of the supplier and, where the contract requires payment in advance, the suppliers address; a description of the main characteristics of the goods or services; the price of the goods or services including all taxes; delivery costs where appropriate; the arrangements for payment, delivery or performance; the existence of a right of cancellation except in the cases referred to in regulation 13; the cost of using the means of distance communication where it is calculated other than at the basic rate; the period for which the offer or the price remains valid; and where appropriate, the minimum duration of the contract, in the case of contracts for the supply of goods or services to be performed permanently or recurrently; inform the consumer if he proposes, in the event of the goods or services ordered by the consumer being unavailable, to provide substitute goods or services (as the case may be) of equivalent quality and price; and inform the consumer that the cost of returning any such substitute goods to the supplier in the event of cancellation by the consumer would be met by the supplier. Regulation 10 sets out a customers and suppliers rights to cancel an agreement and gives specific examples of how this can be communicated and the timeframe that it needs to be issued within; these methods are; mail, fax and e-mail. Electronic Commerce Regulations 2002 The Electronic Commerce Regulations are a Statutory Instrument (SI2002/2013) that makes EU Directive 2000/31/EC law in the United Kingdom. Electronic commerce was specifically unregulated until the introduction of these Regulations in 2002. The European Union was acting to protect consumers in the still increasing area of internet shopping. There are four main regulations that give powers to and protect consumers. Reg. 6 like Reg. 7 of the Distance Selling Regulations gives specifics to what details must be communicated to the buyer to make a legal contract for sale. Reg. 9(1)(a) provides details of what must be provided specifically when communication and buying is by electronic means it states that; 9. (1) Unless parties who are not consumers have agreed otherwise, where a contract is to be concluded by electronic means a service provider shall, prior to an order being placed by the recipient of a service, provide to that recipient in a clear, comprehensible and unambiguous manner the information set out in (a) to (d) below- the different technical steps to follow to conclude the contract; whether or not the concluded contract will be filed by the service provider and whether it will be accessible; the technical means for identifying and correcting input errors prior to the placing of the order; and the languages offered for the conclusion of the contract. 9(3) states that terms and conditions must be made available to the consumer in a means of easy storage and reproduction. Regulations are different for when the seller and buyer are deemed to have entered into the contract of sale, somewhat surprisingly these do not occur at the same time. Reg. 11(2) states that a buyer is deemed to have entered into the contract of sale when they agree to or arrive at an acknowledgement of order screen Reg. 12 states that the seller has not entered into the contract until they dispatch the item that has been ordered and can cancel the item up until this point or offer to dispatch an alternative as per the Distance Selling Regulations Reg. 7(b) and (c) as previously seen. Items in a shop are an invitation to treat and therefore as long as the price is not deliberately priced wrongly a shop can change the price and refuse to sell it to you for the lower price. 70% of people thought they definitely could insist on buying at the lower price or would certainly argue their case claiming the law was on their side. The most common mistake was people misinterpreting store policy and goodwill as the law, therefore most consumers did not know the law in this area. When posed this question most people were aware that there was some sort of credit card protection in this area so they would not lose their money but nobody actually knew there was legislation regarding this and in a reverse of the first question, people mistook the law thinking it was just a marketing gimmick on behalf of the credit card companies. Nobody was certain they would lose their money with most either positive or mostly positive that the money could be recovered. People knew the law in this area but rather by default. Again a large proportion of people (70%) were insistent that as long as the product was in resaleable condition and had the labels attached there were entitled to an exchange, however there is no legislation surrounding this. Unless a product is faulty under the implied terms of the Sale of Goods Act 1979 there is no duty on the seller to exchange or refund your product not for cash or credit note. Again people had mistaken store policy for the actual consumer protection law, which calls into question whether there is enough distinction between what are your rights in a legal sense and what is store policy or goodwill. Pleasingly in this question 80% of people answered definitely no when asked this question. In speaking to people they knew there was legislation surrounding this and a few commented that they had been sent items in the past on

Exploration of Nocturnal Sleep-Related Eating Disorder Essay -- Exposi

Exploration of Nocturnal Sleep-Related Eating Disorder       What if you woke up in the morning and didn't have any recollection of what you did during the night? For some people not remembering is not a problem. Most people just assume that they were in their beds all night, and for most people this is true, but for a small percentage of the population, this is not true. The average person spends approximately 25 years of their life sleeping (Brown, 2002). For some people, this time is well spent, but for others, their 25 years of sleep might not be spent in their bed. When people wake from the night and find crumbs dashed across their clothes and sheets, or candy bar wrappers with small remnants of what was inside lying next to their beds, it can be a frightening experience. These people have no recollection of waking during the night, or even eating. The problem is, they didn't wake during the night, but they did eat. How can this be possible? Sleep eating is similar to sleep walking. It's when a person gets up from a deep sleep and eats with little or no recollection of doing so. Often times the person has little or no sense as to what their actions are. In other words, a sleep-eater may know to turn on the stove in order to cook their food, but they may not think to turn it back off. Nocturnal Sleep-Related Eating Disorder (NSRED) is often referred to as sleep eating. It can be explained as a disorder that is relatively rare. The basic idea of the disorder is simple: while sleeping, the affected eat uncontrollably. The recall level varies and the only evidence of eating is either in weight gain or in the half-eaten food that was left out (Smith & Pilnik, 2003). This disorder can be explained as a mixture between... ...1, Febuary) Night-eating or nocturnal eating or sleep-related eating. Retrieved March 5, 2003, from http://www.neuronic.com/eating_disorder.htm Lamberg, L. (1989, July). Voyeurs in the kingdom of sleep. Health, 69. Mann, D. (2003, March). Bizarre sleep disorders. Retri ved March 5, 2003, from http://content.health.msn.com/content/article/61/67436.htm Montegomery, L. (2002, April). An unusual sleep disorder. RN, 41-43. Montgomery, L. Haynes, L. C. (2001, August). What every nurse needs to know about Nocturnal Sleep-Related Eating Disorder. Journal of Psychosocial Nursing and Mental Health Sevices, retrieved March 12, 2003, from Morgenthaler, T.I., Silber, M.H. (2002, July). Amnestic sleep-related eating disorder associated with zolpidem. Sleep Medicine, 323-327. Smith, S., Pilnik, L. (Febuary 2003). The eating habit that almost ruined my life. Redbook, 96-97.

Accounting Article Analysis :: Business Accounting Ethics

Accounting Article Analysis One of the foremost problems facing the accounting profession today is the loss of respect that faces accountants in light of recent accounting scandals. In order to regain lost respect in the accounting profession an accountant must have integrity and ethics that are above and beyond the norm. This fact is true whether the accountant works for a business entity or for a government entity. In either situation the accountant is responsible for remaining steadfast, not only in professional behavior, but in personal behavior as well. In recent years, accountants have come under fire by the general public for unethical decisions, a reputation that, although only a few individual accountants were guilty, the entire profession was found guilty of, in the court of public opinion. Now, the accounting profession must be far more diligent in governing themselves, and in assuring those dependent upon their decisions, that they are above reproach. This is especially true of those accountan ts responsible for government funds, which can be scrutinized by the public. The public seem to have set more rigorous standards than business investors, of what is proper use of the funds available. They will not tolerate waste or misappropriation of funds and demand complete accountability. Accountants must stand ready, willing, and able to answer any and all questions that may be put forth, and be able to prove that the decisions that have been made were correct and proper. This includes not only following the letter of the law, but avoiding any decisions that, while being legal, would not be totally ethical and above board. An accountant is trusted with confidential information which must remain confidential, unless it has led or could possibly lead to illegal activity, in which case, of course, the information, must be reported immediately to the proper authority.

Teenage Drunk Driving :: Free Essay Writer

"People need to be aware that what happened to me can happen to you. I had never thought about impaired driving as an issue in my youth, it wasn't a debate. Now I know. Life really is about choices." This quote was from Tom Boyle who killed Brian Colgan in a drunk driving accident in 1995. Tom Boyle states that life is about choices. This brings up the issue with Massachusetts wanting to place a "scarlet letter" (mark of shame) on the licenses of convicted drunk drivers. Placing the "scarlet letter" on the licenses of convicted drunk drivers is a senseable consequence. Being a senseable consequence it brings up the old saying "if you do it once you are bound to do it again", many statistics prove there are a great number of drunk drivers, and the "scarlet letter" will reduce the amount of drunk drivers on the road. When I was a child I dropped a rock on my sisters head not knowing any better, but after being disiplined for doing this I decided to go back and do it again. This is accountable for most drunk drivers we have today; like stated above, "if you do it once you will do it again." If someone is an alcoholic they are bound to keep drinking due to the fact it is a daily routine and they need medical help. Having the mark on the license will motivate the alcoholic to get help and give police and pedestrians warning of the individual. "Alcohol is the 2nd most addicting substance in the United States followed by marijuana", posted Time Magazine June 2001 Issue. Being the 2nd most addicting substance, it is hard not to drink and drive. Teenage Drunk Driving.com Statistics prove that on any given weekend evening, one in 10 drivers on America’s roads have been drinking. With this many people on the road drinking, it puts not just his/her life in danger, but puts our lives in danger as well. According to the latest drunkdrivers.com statistics, the prospect of you or someone in your family being involved in an alcohol-related motor vehicle accident is more than just very likely, it is a virtual certainty. In fact, in a family of five, the chance that someone in the family will find themselves in an alcohol-related motor vehicle crash in their lifetime, is an astounding 200 percent. Imagine, a 200 percent chance that you or someone in your family will either cause, or be an innocent victim to, a drunk driving accident.

Participant Observation

Participant Observation Sports are important social mediums in our country, but basketball is the only sport where you can go to almost any park and play with complete strangers. While other sports involve diverse equipment and numerous amounts of players, basketball is a quick and easy game that only takes a court and a ball. While using the participant observation method, one can easily see how pickup basketball becomes a common stage for social interaction.While my original perspective of the sport was that of a friendly natured game among neighbors with a competitive aspect, my notes and observations revealed how diverse individuals who meet on the court can sometimes become aggressive to the point of hostility. As a gym member of 24 Hour Fitness, I regularly play basketball in their indoor gym. I chose the location in Hermosa Beach because of the diversity of players that attend there. Using the participant observation method, I was both observing and participating while taking notes (obviously not while playing, for that would be an incredible feat).In a time span of two hours, I ended up playing three games while observing six other games. The location I visited was crowded, while ten players were on the court (five against five), about twenty people were waiting on the sidelines throughout the night; however, this number changed as people grew either tired or impatient. On the sidelines was a list of names for people who wanted to play next. This called for a more organized system of who had next compared to parks where people keep track of who verbally called next.I found that about half of the players at the gym were African-American, while the rest of the players were mixed evenly between Caucasian, Asian, and Hispanic. Certain players, based on body shape and skill level, were given different roles throughout the game. The ages of the players seemed to be mostly late twenties to early thirties, and at no point throughout my two hours being there did a woman enter the gym. Just as the demographics of the players were diverse, so was the gameplay.Some games were dominated by one key player, who scores most of the points, while other teams had strong team chemistry and relied on passing to the open player. I also noticed that when a team is dominated by one player that team usually ends up losing. The team that I played on was very pass oriented, while the team we played against was dominated by only two players. The other team assumed that since their other players were short and small, that they weren’t athletic enough to receive the ball, and because of this our team was able to double team the players who didn’t pass as much.Players match up to other players based on skill and body size, which is why I was guarded by someone very similar to me. I noticed that the biggest factor was height, meaning our tallest player guarded their tallest player while our shortest player guarded their shortest player. However, du ring almost every game players make switches according to skill level in order to have a more sufficient defense. Another important aspect of the game of pickup basketball is respect. When players call foul, even if they disagree with the call, the allow them to get the ball back.During game two, a person called foul but the player on the other team disagreed. As they began to argue about whether it was a foul or not, a teammate yelled out â€Å"respect the call†. After that he stopped arguing and gave him the ball. After I played, during the sixth game, a similar situation occurred in a more dramatic way. One player jumped and caught the ball, but flipped over another player, and landed straight on his back. After everyone saw he got up and was ok, the player through the ball â€Å"up top†, so they could check the ball out and play again.A player on the opposite team began to argue saying that he shouldn’t get the ball because his own player fouled him. After m uch hostile and loud arguing, I heard the injured player say, â€Å"if you really are that thirsty for the ball you can have it, if you really are that desperate for a win†. Everybody on the court agreed that the players allegation was a little too strict for a simple game of pickup basketball, and extreme competitiveness is frowned upon. Throughout the rest of the game the team did not pass it to him once, and before the game ended he quit.He became the focus of discussion for the rest of the night, as people began to criticize him behind his back. From my own personal experience, heated arguments over calls are not that uncommon in the sport of basketball, but usually from those with strong outgoing personalities. For the most part, the game is a civilized game where both teams compete for the win, and focus on teamwork and strategy. At the end of the day I found my perspective on this game had changed. The competitive nature of the game brought up the question: How importa nt is it to win? I observed that to some people the ules of basketball should be enforced strictly, so that the game is fair. However, the general consensus was that respecting other players safety and calls were more important. Nevertheless, I noticed that almost every game had some sort of argument that entailed. I concluded that there is a certain culture on the court that calls for a fair game and places winning as a priority. The sharp contrast to the other players who were only there for the fun and love of the game brings up questions on whether social or even economic backgrounds are what causes people to become so passionate about a seemingly frivolous game.

On Common Ground, the Power of Professional Learning Communities Essay

The learning system by which educators and students work in is plagued with sometimes tedious, repetitive and oftentimes illogical steps that learning is hampered more than it is encouraged. The book On Common Ground, the Power of Professional Learning Communities seeks to challenge the very core of the learning system that most of schools practice. The book has collated various examples of what it makes to be able to produce education that is considered â€Å"high-level†. (DuFour, 2005) This particular book requires that the different schools and individuals to challenge their preconceived notions and incorporate different types of practices that have been observed by the authors in different types of schools and universities. By far, this is one of the most provocative pieces of work regarding the level of education that is being offered to people right now. More than anything, the book spurs people, especially the educators to press on in improving themselves as well as improving the quality of education and the quality of students that leave the universities and different schools. More than anything, the book is a testament to how a collaborative effort beautifully crafts a sort of â€Å"manual† for improved student performance. (Dufour, 2005) If you are an educator, the different steps and assertions that the authors have discussed in the book are definitely worth losing sleep over as the strategies, lessons and improvements that the authors have agreed upon are all valid, and solid in their assumptions. Should there be any particular conclusion that can be drawn from this book, it is the fact that if teachers come together in a structured and orderly manner, this essentially contributes to the betterment of the student in the area of learning and professional drive. (Dufour, 2005) Ultimately, one should look into this in order to challenge the status quo and begin a new one marked by collaboration and unity in purpose.