Tuesday, December 31, 2019

The development of the concept best interests of the child - Free Essay Example

Sample details Pages: 6 Words: 1849 Downloads: 3 Date added: 2017/06/26 Category Law Essay Did you like this example? Introduction The term child has been defined by various authorities and prominent characters of the world in different ways. The international Convention on the Rights of Child has elaborated the term à ¢Ã¢â€š ¬Ã‹Å"childà ¢Ã¢â€š ¬Ã¢â€ž ¢ is as follows. à ¢Ã¢â€š ¬Ã‹Å"à ¢Ã¢â€š ¬Ã‹Å"For the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlierà ¢Ã¢â€š ¬Ã‚ .[1] The doctrine of the best interests of child When we talk about child and rights of child, we have to give our attention to the doctrine of the best interests of child due to the strong connection between them. Don’t waste time! Our writers will create an original "The development of the concept best interests of the child" essay for you Create order à ¢Ã¢â€š ¬Ã…“The doctrine of best interest of child is a concept which is used by many jurisdictions to make a variety of decisions that affect children. This doctrine is very useful when it comes to determine the issues which relates to the well-being of the child.à ¢Ã¢â€š ¬Ã‚ [2] Most of these issues relevant to the problems which arise upon the divorce or the separation of the parents of the children. For examples, placement and custody of children after the divorce or the separation, security and permanency planning, to whom and by whom the child support will paid and the amount of it and proceedings for discontinuation of parental rights can be mentioned. Whenever a court makes a decision regarding these kind of issues, it must be considered whether its decision will be in the à ¢Ã¢â€š ¬Ã…“best interestsà ¢Ã¢â€š ¬Ã‚  of the child. Although the doctrine of best interests of child cannot be given a definite meaning, the term normally refers to the deliberation that th e jurisdiction undertake when deciding the types of actions and orders which serve the best for the child as well as who is most suited to take care of the child. When it comes to à ¢Ã¢â€š ¬Ã…“the best interestsà ¢Ã¢â€š ¬Ã‚ , those are generally determined by considering a number of factors which related to circumstances of child and the parent. In this process the paramount will be given to the safety and the well-being of the child. Effect of international conventions and treaties On July 1991, Sri Lanka ratified the international Convention on the Rights of the Child and adopted a Childrenà ¢Ã¢â€š ¬Ã¢â€ž ¢s Charter in 1992 to give effect to the convention on the rights of the Child within the country. This can be defined as the major turning point in legislative and administrative process of the rights of the children in Sri Lanka. Though the Childrenà ¢Ã¢â€š ¬Ã¢â€ž ¢s Charter is not a legal document which can be enforced in a court, the importance of it as a policy document guiding state policy in concern to the rights of children cannot be underestimated. The Convention on the Rights of the Child is basically concerned with the participation rights, protection rights and provision rights of children. In article 3 of the convention, it says that à ¢Ã¢â€š ¬Ã…“in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary considerationà ¢Ã¢â€š ¬Ã‚ [3]. It article 12, it has mentioned that à ¢Ã¢â€š ¬Ã…“States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative p roceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.à ¢Ã¢â€š ¬Ã‚ [4] According to the article 157 of the 1978 constitution of Sri Lanka, duly ratified international treaties and agreements have the force of law in Sri Lanka and no written law enacted or made, and no executive or administrative action will be taken that is in contravention of the international agreement. According to that article, the doctrine of the best interests of the child will be secured and considered as primary in all aspects of Sri Lanka. Jurisdiction is also falls under that and whenever the courts of Sri Lanka have to make a judgment or a decision regarding a child, the judges have to stick to the doctrine of the best interest of the child. Contribution of Sri Lankan courts With the ratification of the international convention on the rights of the child, courts of Sri Lanka also got bou nd to secure the best interests of the child when making orders and judgments. But this was nothing new to the courts of Sri Lanka because they were the pioneers in the development of law on child rights in Sri Lanka from early years. Their contribution was massive specially that was happened in a time that there was no legislative intervention in setting rules and principles which relating to custodial and guardianship matters in Sri Lanka. During that period courts of Sri Lanka applied the non-statutory Roman Dutch law and developed the concept of à ¢Ã¢â€š ¬Ã…“welfare of the childà ¢Ã¢â€š ¬Ã‚  in litigation regarding the matters we find under the best interests of the child and determined cases relating to them such as custody disputes. In Roman Dutch law there is a principle that the father has a preferential right to have a custody of a child who is in minor age when the marriage is existing and courts applied this in cases where the circumstances point out that the best in terests of the child should be secured. For instance, in Ivaldy vs. Ivaldy (1956)[5] the Supreme Court held, that, under the Roman-Dutch Law, where there has been no legal dissolution of the common home, the fathers right to the custody of his minor children remains unaffected by the fact of the separation of the spouses, and can only be interfered with on special grounds, such, for example, as danger to the life, health or morals of the children. The courts sometimes displaced this parental right of custody of the child when it was proved with facts that granting custody to a particular parent was prejudicial to the à ¢Ã¢â€š ¬Ã‹Å"life, health and morals of the childà ¢Ã¢â€š ¬Ã¢â€ž ¢ and in determining access rights. In Blanche Anley v. Herbert Bois (1945)[6] case the Supreme Court held that, à ¢Ã¢â€š ¬Ã…“the fact that the applicant was the guilty party in the divorce case is not, per se, a good reason for refusing the application for access to the children. The paramount co nsideration is the interests of the children.à ¢Ã¢â€š ¬Ã‚  These case laws prove that the courts of Sri Lanka have applied the fatherà ¢Ã¢â€š ¬Ã¢â€ž ¢s preferential right to have custody of children in the context of the concept of the best interests of the child. But whenever that giving preferential right to the father of the child in custody matters does not seem in the interests of the child, the courts have disregarded that right of the father and have given the custody of the minor child to the mother. In Weragoda v. Weragoda (1961)[7] the decided to award the custody of the child to his mother due to bad past conduct of the father. Supreme Court held that, in a case like the present one, the Court will decide who is to have the custody of the child after taking into account all the factors affecting the case and after giving due effect to all presumptions and counter-presumptions that may apply, but bearing in mind the paramount consideration that the childs welfare is the matter that the Court is there to safeguard. The rights of the father will prevail if they are not displaced by considerations relating to the welfare of the child, for a petitioner who seeks to displace those rights must make out his or her case. A similar view was expressed in Padma Fernando v. T. S. Fernando case (1956)[8]. Subair v. Isthikar (1974)[9] was a similar case when considering the incident and the facts but it was quite special because that marriage has had happened under Muslim law. The court resolved this case by considering the views of authorities in Islamic Law and applied the concept of best interests of the child. Sometimes custody of the child was awarded to a third party on the ground of the best interests of the child. In Re Evelyn v. Warnakulasuriya (1955)[10], the custody of the child was given to a third party with the consent of the child and against the wishes of the mother of the child. Courts have sometimes adopted artificial arguments to avoid very harsh rules in the Islamic law, for instance, in Ummul Marzoona v. Samad (1977)[11] which was difficult for them to order a Muslim father to pay maintenance for his child who had reached the age of puberty. As a result of these judicial developments, the courts have accepted the doctrine of the best interests of the child in practical aspect too. 1978 constitution and the chapter on fundamental rights The concept of the best interest lays the way for the recognition of other rights of the child too. The chapter on Fundamental Rights in the present constitution in Sri Lanka recognizes the child as a person who enjoys rights like any other person. This chapter has been very helpful in promoting the rights of children in court actions and in granting the justice when childrenà ¢Ã¢â€š ¬Ã¢â€ž ¢s fundamental rights have been violated. In Bandara v. Wickramasinghe (1995)[12] the Supreme Court held that, excessive use of power may become liable for infringement of fundamental r ights by Executive or Administrative action. There are fundamental rights cases which filled by children against torture, inhuman and degrading treatment which given out to them by law enforcement authorities. Samanthilaka v. peiris (1990), Wijesiriwardene v. Kumara (1989)[13] are two cases which can be mentioned as the best examples for that category. There are cases brought against school authorities for violation of the right of equality. This is mostly happened in the case of school admission for grade one and six. Most of those cases get settled out of courts when school authorities agree to admit the child to the school. In the present, child abuse has become a huge problem. The same situation has arisen in Sri Lankan society too. In the aim of preventing child abuse and providing protection and treatment of children who are victims of such abuse and to co-ordinate and monitor actions against all forms of child abuse, the National Child Protection Authority was established in 1999 under the National Child Protection Act[14]. This act broadened the meaning of à ¢Ã¢â€š ¬Ã‹Å"child abuseà ¢Ã¢â€š ¬Ã¢â€ž ¢ by declaring that child abuse means any act or omission relating to a child which would amount to a contravention of specific provisions in the penel code, The Authority is made up of local monitoring and child protection committees. [1] Article 1, Convention on the Rights of the Child [2] https://en.wikipedia.org/wiki/Best_interests [3] https://www.ohchr.org/en/professionalinterest/pages/crc.aspx [4] https://www.ohchr.org/en/professionalinterest/pages/crc.aspx [5] (1956) 57 N.L.R. 568 [6] 46 N.L.R. 464 [7] 66 N.L.R. 83 [8] 58 N.L.R. 262 [9] 77 N.L.R. 397 [10] 56 N.L.R. 525 [11] 79 (1) N.L.R. 209 [12] (1995) 2 Sri L.R. 167 [13] (1989) 2 Sri L.R. 312 [14] National Child Protection Act, No 50 of 1998

Sunday, December 22, 2019

Essay on Ethical Dilemma - 2305 Words

Ethical Dilemma During the first week of February it was discovered that one of the youth on probation and his family was no longer living at their given address. I, along with my supervisor, made several trips to the house to verify. The house was soon boarded up and the youth could not be located. There was no attempt by the youth to contact probation and he soon became out of contact, a clear violation of his probation contract. An arrest and detain (AD) warrant was issued for the youth because of his probation violation. The youth was unable to be located by the Juvenile Crime Apprehension Team (JCAT) and no one in his family could be found by probation staff. The youth was also no longer attending school. The seriousness of†¦show more content†¦The first standard being challenged is 1.01: Commitment to Clients. The standard sates â€Å"In general, clients’ interests are primary. However, social workers’ responsibility to the larger society or sp ecific legal obligations may on limited occasions supersede the loyalty owed to clients, and clients should be so advised† (NASW; 7). The ethical dilemma relating to this ethic is who are we more responsible to in this situation, the client or society? The client was out of contact, but by making contact he was now in compliance with probation. However, we are obligated to protect public safety at all times and his violation of probation does warrant a court hearing. It brings into question what is in the youth’s best interest, to not be held accountable for his actions or to be placed in a locked facility for a period of time. This ethic also creates a dilemma in itself, who are we more responsible to; the client or society? Standard 3.09 of the NASW ethics, commitment to employers, is also challenged by this dilemma. Specifically section A of standard 3.09 comes into consideration, â€Å"Social workers generally should adhere to commitments made to employers a nd employing organizations† (NASW; 21). A probation officer’s job is to hold youth accountable for their actions and to help enforce the orders of the court. The youth violated one of these orders by being out ofShow MoreRelatedEthical Dilemmas Of The Workplace1538 Words   |  7 Pages1. Discuss an ethical dilemma that you have had to face in the workplace. Ethical dilemmas often occur when a manager or an employee is faced with two or more conflicting choices. Give as many facts and details as possible in describing your dilemma. The most difficult ethical dilemma I have dealt with was a summer job I had this past summer, while I was working for a bakery in my hometown. This past particular summer really tested what I believe is right and wrong and how to speak up. One of myRead MoreEthical Dilemmas Of The Workplace1291 Words   |  6 PagesEthical Dilemmas in the Workplace As a manager, you are the role model for staff. You set the standards, adhere to guidelines, and exemplify what you expect staff to model. By doing so, you are establishing and sustaining an organizational culture of ethics and integrity, which is the backbone of all successful endeavors. However, even the best structured organizations face ethical dilemmas in the workplace. It is how management recognizes and addresses these occurrences that will either set themRead MoreEthical Dilemma Assignment1766 Words   |  8 PagesCONSENT FORM Thank you for being willing to take part in this interview exploring ethical conflict or turbulence. I would like to transcribe the content of this interview to form a written document to be submitted to Sheffield Hallam University as a piece of assessed piece of coursework. It is important that you only take part in this interview if you want to. 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Ethics is the term we give to our concern for good behavior.   It is human nature to not only be concerned with our own personal well being, but also that of others and of human society as a whole.   The difference between moral dilemmas and ethical ones, philosophers say, is that in moral issues the choice is between right and wrong.   In ethical ones, the choice is between two rights. Everyday Im faced with decisions of right and wrong, most of whichRead Moret Types of ethical dilemmas Mastery67Questions123Materials Essay2477 Words   |  10 PagesTypes of ethical dilemmas Mastery 67% Questions 1 2 3 Materials on the concept: Typical Moral Dilemmas Confronting Business Communicators Ethics and Law for Management Communication Top of Form 1. As part of an effort to hire younger workers, a multinational organization assures applicants that they will get to visit its offices in other countries and work with the employees there. 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Commodities are known as a raw material or primary agricultural product that can be boughtRead MoreVices and Virtues: Ethical Dilemmas of a Fading Man Essay1932 Words   |  8 PagesVices Virtues: Ethical Dilemmas of a Fading Man When Sidney Stewart was freed in Manchuria in 1945 after 3 years of imprisonment by the Japanese, the 6’3 American weighed 65 pounds (Goldstein). Stewart was an Army private stationed in Manila in 1942 when they were overpowered by the Japanese. The 21 year-old wasn’t the killing type of soldier. Of course he killed when required, but he wasn’t murderous. He’d been sent to Luzon on the Bataan peninsula after the Japanese invasion and was soonRead MoreNursing Leaders Are Struggling Ethical Dilemmas1263 Words   |  6 Pagesstruggling in ethical dilemmas daily. Ethical dilemma is one of the issue/challenge to the nursing leader. Ethical dilemmas occur when nursing personal values and beliefs conflict with some aspect of nursing care. The struggle is to provide the best nursing care despite of the nurses’ feelings. For example: RN/ nursing leader in residential home has always dilemmas while restraining the patient. sometime patient become so aggr essive that they can harm other people and worker. The dilemma in this situationRead More An Ethical Dilemma Essay1660 Words   |  7 PagesReplacement, Refinement and Reduction of Animal Research, makes a very good point when he says that: Many people, including from within the scientific community, consider that the use of NHPs [nonhuman primates] in research is a matter of particular ethical concern because certain features NHPs share with humans, such as their highly developed nervous systems, cognitive complexity and intense sociality, have implications for the level or nature of suffering they might experience during experiments and

Saturday, December 14, 2019

Advertising Regulations Free Essays

Advertising Regulation The strength of the self-regulatory system lies in both the independence of the ASA and the support and commitment of the advertising industry, through the Committee of Advertising Practice (CAP), to maintaining the high standards laid down in the Advertising Codes, which are designed to protect consumers. Today, the UK advertising regulatory system is a mixture of   * Self-regulation for non-broadcast advertising * Co-regulation for broadcast advertising. The ASA is the UK self-regulatory body for ensuring that all advertisements, wherever they appear, are legal, decent, honest and truthful. We will write a custom essay sample on Advertising Regulations or any similar topic only for you Order Now The protection of consumers is at the heart of the ASA’s work. They aim to ensure that advertising does not mislead or offend. Advertising self-regulation in the UK The system is based on a contract between advertisers, agencies and the media that each will act in support of the highest standards in advertising. Compliance with the Codes and ASA adjudications is binding on all advertisers. It is not a voluntary system. The system is both self-regulatory (for non-broadcast advertising e. g. press, poster, cinema, online) and co-regulatory (for TV and radio advertising). The Codes sit within a legal framework, which means that, where appropriate, they reflect the standards required in law, e. g. the Consumer Protection for Unfair Trading Regulations 2008 (CPRs) for misleading advertising. The Codes also contain additional protections that are not required under law e. g. rules related to taste and decency and social responsibility. The ASA is responsible for administering five Advertising Codes and deals with more than 26,000 complaints per year. Just one complaint can cause the ASA to launch an investigation and remove an advertisement, if the ad is found in breach of the Codes. For instance, if Bulldog’s TV ad, had a voiceover that said â€Å"With up to 8 meg broadband, more people can play, e-mail, download and talk, together, all at the same time. With Bulldog, unlimited phone calls to your network friends are included. To find out more about Bulldog Broadband packages call now on 0800 or visit bulldogbroadband. com. Bulldog Broadband and Phone. † Onscreen text said â€Å"Broadband speed is up to 8meg downstream. Subject to local availability and Bulldog phone line†. BT complained the TV ad was misleading because, due to the technical limitations of high speed broadband services, the maximum speed quoted would not be available to a significant number of people within the geographic areas in which the service was available. Figures were provided and showed that, as the length of line between a local exchange and a customer’s home increased the broadband speed that could be achieved by the customer decreased. They said broadband speeds of 8 megabits per second (Mbps) or close to 8 Mbps could be achieved only by people who lived within 3 km of an exchange. Beyond that distance the achievable speed dropped rapidly because of unavoidable signal attenuation caused by line length and quality. The 35% of people who lived more than 3. 8 km from an exchange, for example, would get at best a 5 Mbps connection. They believed the prefix â€Å"up to† was not an adequate indication that a large proportion of customers could not get a service close to the headline speed. Members of the public also said the TV ad was misleading because the broadband speed quoted was not achievable for all users. One said their connection had never exceeded 5 Mbps and while others believed technical limitations would prevent users from achieving the headline speed. Bulldog however would then be given an opportunity to respond to any claims made against them therefore saying our ads were in line with previous ASA adjudications and CAP guidance, which required claims about broadband speeds to be preceded with the words â€Å"up to†, to indicate that the top speed might not be achieved by users. Assessment Complaints upheld The ASA noted Bulldog considered that the inclusion of the words â€Å"up to† was an adequate indication to consumers that they might not achieve the top speed quoted in the ads and that their ads were in line with previous ASA adjudications and CAP guidance. We considered that â€Å"up to† was an adequate qualification in ads for 1 Mbps and 2 Mbps services, where the user would not achieve the maximum speed because of factors such as the number of people on line but where the attainable speeds were close enough to those advertised so as not to affect the customers’ experience in any meaningful way. We considered that the higher speed service was likely to be attractive to consumers because of the advertised headline speed and the potential capabilities that a connection of that speed could give users. We understood, however, that the speeds 8Mbps services could deliver were significantly affected by signal attenuation, which was caused by distance from the exchange, and that as a result a significant proportion of consumers could not achieve speeds close to the headline speed. We understood that users of an up to 8Mbps service could take advantage of capabilities such as video streaming, file sharing and online gaming but that there would be a noticeable degradation of quality of the service when speeds fell below 6Mbps. We therefore considered that â€Å"up to† was not an adequate qualifier in ads for higher speed services, given the impact that signal attenuation could have on speed and performance. ASA concluded that the ads were misleading and asked Bulldog to amend them. The TV ad breached CAP (Broadcast) TV Advertising Standards Code rules 5. (Misleading advertising), 5. 2. 1 (Evidence) and 5. 2. 3 (Qualifications). Action Bulldog will then be asked by the ASA to indicate prominently in future ads (for example in the body copy of non-broadcast ads) that top speeds varied significantly, in particular because of a user’s distance from their local exchange. The broadband speed must be preceded by the words ‘up to’, in order to make it clear that a consumer can receive anything up to the advertised speed. The ad must contain a clear notice in the main body copy (i. e. ot in a footnote) that states that speeds vary significantly subject to a number of factors, such as distance from the exchange. The ad must also make clear where the service is available i. e. geographical limitations that might mean a headline speed is only available to those in, for instance, urban areas. The Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) are the industry committees responsible for writing and maintaining the Advertising Codes. The Committee members represent the three main parts of the advertising industry, namely the advertising agencies, media owners (e. . poster site owners, newspapers, broadcasters) and the advertisers themselves. CAP and BCAP also enforce the adjudications of the ASA. Interaction with the law Across the European Union (EU) there is a unified piece of consumer protection legislation to prevent the use of misleading or unfair trading practices. This law, called the Unfair Commercial Practices Directive, has been translated into UK law to make sure that we have the same rules as all the other countries in the EU. The ASA works within this legal framework to make sure that UK advertising is not misleading or unfair. The ASA is able to refer advertisers who refuse to work with us and persistently make The ASA is considered the ‘established means’ for gaining compliance with both these pieces of legislation. This means that the law itself is not usually enforced formally through the courts; instead the ASA is first allowed to tackle any problems under the Advertising Codes. This approach works well in the overwhelming majority of cases. Broadly this means that the system is paid for by the industry, which also writes the rules, but those rules are independently enforced by the ASA. The system is a sign of a considerable commitment by the advertising industry to uphold standards in their profession. All parts of the advertising industry – advertisers, agencies and media – have come together to commit to being legal, decent, honest and truthful in their ads. * Adverting Standards authority – http://www. asa. org. uk/Complaints-and-ASA-action/Adjudications/2006/9/Bulldog-Communications-Ltd/TF_ADJ_41768. aspx * The Advertising Codes – http://www. cap. org. uk/The-Codes. aspx * – How to cite Advertising Regulations, Papers

Friday, December 6, 2019

World Currency free essay sample

For as long as man-kind has been around, there has always been some way for us to make deals or barter. Whether it was trading animal pelts or meats, to gold this system had always been around. Through the centuries our way of bartering has changed and adapted many times until we have our world currencies of today. Currency is defined as â€Å"the means of purchasing through trade.† Today currency is seen as printed or minted money, sometimes with the inclusion of coins. Currency is what we use to exchange good or services for cash.(Wisegeek) A lot of people confuse currency with money, but they are not the same. Money is unreal, imaginary, it is an idea. Currency is what we use to back up the idea of what we think money is. Paper bills and metal coins are currency, not money, though that is what we tend to call them. We will write a custom essay sample on World Currency or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The amount of currency in circulation all depends on the amount of money in the county’s economy (Money vs. Currency). A country should not have more currency than money. Through out time many different types of currencies have been used. The first form of a money-like exchange was done in China with cowry shells. This method of exchange came about around 12 B.C. By the time 1000 B.C. rolled around, the Chinese had created mock cowry shells in the form of metal; this was the first use of coins as a form of currency. The first forms of paper currency were also used in China, but due to an over abundance of it, it quickly vanished (The History of Money). The next time paper currency was used was in the European countries. Through time each country has adopted their own individual currency. Japan has the Yen, the United Kingdom has the Pound, and the United States has the Dollar. Each currency is worth a different amount. To compare one country’s currency worth to another’s is called an exchange rate. In Japan One Yen is worth a different amount than One Penny. That same Penny is worth a different amount than One British Pound. No country ’s currency is worth the same as another’s. Money and Currency are a very important part of our world. We basically cannot do anything without them. They have come a long way through out the centuries and maybe still have a longer way to go. The currency of the future is already here today. One thing it is safe to say about them is that no matter how they change, they will always be around. Work Cited msn Money. Curreny Rates. 2011. 2 March 2011 http://moneycentral.msn.com/investor/market/exchangerates.aspx. Gjelten, Tom. Can a New World Currency Displace the Dollar? 24 March 2009. 2 March 2011 http://www.npr.org/templates/story/story.php?storyId=102306392. European Commission. Economic and Financial Affairs: The Euro. 17 January 2011. 14 March 2011 http://ec.europa.eu/economy_finance/euro/index_en.htm. Money Versus Currency. n.d. 2 March 2011 http://www.uhuh.com/unreal/moncur.htm. The History of Money. n.d. 14 March 2011 http://library.thinkquest.org/28718/history.html#. â€Å"WiseGeek.† What is Currency. 2003-2011. 2 March 2011 http://www.wisegeek.com/what-is-currency.htm. â€Å"Go Currency.† What is the United States Dollar (USD)? 2001-2011. 2 March 2011 http://www.gocurrency.com/countries/united_states.htm.