Sunday, January 26, 2020
Body Image And Stoma Health And Social Care Essay
Body Image And Stoma Health And Social Care Essay INTRODUCTION Colorectal cancer has its mortality rate of around 655,000 a year throughout the world (World Health Organization, 2006); this is seen to be the third leading cancer cause death in western world and in united states colorectal cancer is fourth common in all cancer types causing disease (National Cancer Institute. 2009), around 35,000 morbidity rate causing common solid organ malignancy in United Kingdom (Hall Nigel, 2007). Colorectal cancer is commonly called as bowel cancer or colon cancer. This essay mainly focuses on the pathophysiology of colorectal cancer, its psychological and sociological responses. Here the pathophysiological part gives a clear idea of the clinical signs and symptoms, pathology and medical management of the disease, the main psychological part deals with the body image of the patient who lives with stoma. The result of final medical and surgical management of colorectal cancer is an opening in the abdominal surface, done as a life saving measure. So the opening may be a colostomy or ileostomy where a bag is given to collect the body waste from the intestine usually stools. Then the sociological aspect of the patients body image and living with stoma is been understood. COLORECTAL CANCER Colorectal cancer can be defined as the cancerous stage of colon and rectum. These cancerous cells are seen as malignant tumours in the inner wall of the large intestine (Medicinenet.com, 1998). Clinical features and Diagnoses: The clinical features of the disease can be, rectal bleeding, diarrhoea, right side abdominal lump and sometimes in rectum, weight loss, abdominal pain, patient being anaemic due to bleeding, bowel obstruction, sickness due to constipation and bloating (Cancer Research UK, 2010). The most common are the gastrointestinal symptoms; these are seen in the pathological absence and even theres similarity at the time of malignancy and benign tumour. Recent research study at Portsmouth has found that this symptom is first recommendation for confirming colorectal cancer and is considered to be the consistent pointers of malignant colorectal (Hall Nigel, 2007). When the tumour size increases bowel lumen is likely narrowed causing obstructive symptoms. At this time the patient experiences loosening of the stool instead of constipation, the other problems arising from determined bowel habit changes should be examined carefully with proper investigation. Whereas the distal tumours shows bowel habit alterations leading to the solid state of stool consistency, this distal tumour symptom is more possible than proximal tumours. Since the proximal tumours shows its symptomatic outcomes only after complete obstruction. Tenesmus or an incomplete evacuation feeling is the cancerous mass effect in the rectum (Hall Nigel, 2007). The most disturbing symptom is rectal bleeding (Hall Nigel, 2007). This bleeding looks bright blooded same like haemorrhoids if the tumour is in the low rectum and bleeding in case of left sided tumours its in dark redden colour and stools with blood is seen. There are some uncommon symptoms like pain, weight loss and anorexia unless or not extensive metastatic disease or else the disease reaching its malignancy to bone and/or nerves. If the patient is obstructed with abscess formation the immediate requirement is surgical emergence (Hall Nigel, 2007). Patients by these symptoms indicate that the colorectal pathology must go through abdominal examination, rectal examination and a rigid sigmoidoscopy at proper diagnostic centres. General examination might expose the signs of anaemia. Most of the colorectal cancers due to its mass is palpable and helps the examiner to give something the once-over. Colorectal cancer investigation has its most important findings from sigmoidoscopy (Hall Nigel, 2007). Pathophysiology: The most basic stages of colorectal tumour genesis start with the normal mucosa, with a widespread condition of cell replication, then with the clustered appearance of enlarged crypts. These abnormalities of aberrant crypts or the enlarged crypts are very proliferative, biochemical and bio-molecular (Ponz de Leon, M. Di Gregorio, C. 2001). The most part of colorectal malignancies are been developed from adenomatous polyps. These are said to be the well-defined epithelial dysplasia masses with the uncontrolled crypt cell division. When the neoplastic cells are passing through the muscularis mucosae and submucosal infiltrate it is been considered as malignant adenoma (Ponz de Leon, M. Di Gregorio, C. 2001). The more used confusing definitions like carcinoma in situ or intramucosal carcinoma should be abandoned (Ponz de Leon, M. Di Gregorio, C. 2001). Even though numerous lines of suggestion specify that carcinomas typically initiate from pre-existing adenomas, this doesnt indicate that all tumours go through malignant variations, and doesnt eliminate de novo carcinogenesis. Above and beyond of adenomas, there are several other polypoid lesions, they are hyperplastic polyps which shows the elongated crypts frequently by cystic dilatation, serrated adenomas seen as serrated glandular pattern, flat adenomas are usually flat lesions and makes the investigation process difficult when using routine lower endoscopy so it can even be a malignancy, hamartomatous polyps is in the pattern of smooth muscle branching supports lamina propria and glands and next one is inflammatory polyps (Ponz de Leon, M. Di Gregorio, C. 2001). Now in the western society colorectal carcinomas is seen to be the most frequent condition. When seeing the macroscopic appearance its the lesions as polypoid vegetating mass and even sometimes as a flat infiltrating lesion. About 96% of tumours remain as adenocarcinomas and in quite few cases shows mucinous component. There are even some very rare malignant cases in large bowel like signet ring cell carcinoma, squamous carcinoma, undifferentiated neoplasms and medullary type adenocarcinoma which is seen to be solid carcinoma having very less cellular pleomorphism or slight glandular differentiation. The three grades of colorectal carcinoma are well differentiated lesions, moderately differentiated lesions and poorly differentiated lesions. These grading usually helps in evaluating the disease prognosis from the patient even considered being as little evidence (Ponz de Leon, M. Di Gregorio, C. 2001). By the end of this pathophysiological section of colorectal cancer it is clear that the disease covers widespread premalignant and malignant lesions, in which most of the lesions are being removed at the time of endoscopy. By interfering at the numerous stages of a carcinogenesis it is possible to prevent the neoplasmic stage of colorectal. The stages after carcinogenesis begins are uncontrolled epithelial cell replication, the adenomas are formed in various sizes and finally progresses into malignancy (Ponz de Leon, M. Di Gregorio, C. 2001). Medical management: During the last decade we have seen dramatic variations in managing colorectal cancer. The most noticeable changes in case of colorectal cancer are like, very precise pre-operative assessment, extensive use multimodality treatments and this includes neo-adjuvant therapy, theres even changes in procedures through minimal invasive and a very good prognosis in rectal cancer surgery (Cunningham C and Lindsey I, 2007). So this section of medical management speaks about the various management of colorectal cancer. The sufficient management of cancer rising inside the polyps is colonoscopic polypectomy. Now there are lots of advancements in kind of colonoscopic polypectomy treatment like endoscopic mucosal resection. This advanced colonoscopic polypectomy techniques has its goal to recover tumour clearance and decrease the occurrence of colonic meticulous pathological assessment (Cunningham C and Lindsey I, 2007). Later this help in defining the importance in the involvement of lymph node and adequacy of local excision. The former condition is conducted by Haggitts staging of malignant-polyps Kikuchis-levels of sub-mucosal invasion in sessile lesions. Now the possibility of lymph node involvement is been easily estimated, because of the classifications it helps in preventing some great loss like avoiding the necessity of prescribed resectional surgery. This is also depending on some aspects like age of the patient, fitness and personal choice. In the remaining histo-pathological factors are fa vouring formal resection over the local excision which includes poor tumour differentiation, invasion of lymph and vessels and resection margin involvement (Cunningham C and Lindsey I, 2007). Radiotherapy is usually not as much of effective as preoperative treatment (Cunningham C and Lindsey I, 2003). Also, it is accompanying injurious effects on the functioning of the neo-rectum and destruction to small-bowel confined in the pelvis as an effect of surgical-adhesions. This is used at the event when circumferential margin seen to involve in pathological specimen and if the prior treatment was not given. So this will be signifying the failure of surgical excision (Cunningham C and Lindsey I, 2003). Since the last two decades, more advancement in the chemotherapy for treating colorectal cancer has been achieved (Lawes D and Taylor I, 2005). These advancements have made the treatment as optimal by systemic chemotherapy for the colorectal cancer over last decades. The average life of a patient has been gradually increased. This systematic chemotherapy progressively increased the survivalist from six months (normally without treatment) to reach more than twenty months when given the combinations of 5-FU/FA, irinotecan, oxaliplatin or monoclonal antibodies. Adjuvant therapy by means of 5-FU established routines outcomes in an enhanced 5 year continued existence in stage III disease from 51 to 64%, by other modest aids for those with stage II disease (Lawes D and Taylor I, 2005). Body image and stoma bag The result of final medical and surgical management of colorectal cancer is an opening in the abdominal surface, done as a life saving measure. So the opening may be a colostomy or ileostomy where a bag is given to collect the body waste from the intestine usually stools. Here comes the concept of body image, this is a concept being used in various fields which includes psychology, medicine, psychiatry, psychoanalysis, philosophy, cultural and feminist studies (Cash S Brown T A, 1987). More often this concept is carried by public media. Other than these fields and media the term does not have an approved definition (Cash S Brown T A, 1987). Basically in psychology it can be said that the belief and perception of an individual body being intended along with the emotional attitude (Cash S Brown T A, 1987). About one quarter of stoma patients know how clinically important psychological symptoms post-operatively (White C.A Hunt JC, 1997). Those who involved in the care of stoma patients are usually not detecting the psychological disorders. Psychological morbidity after the surgery is resulted from the unawareness of the condition which includes the past psychiatric history, dis-satisfaction with pre-operative preparation for surgery, post-operative physical symptoms and the negative thoughts and beliefs related to stoma and the condition of being a patient (White C.A Hunt JC, 1997). So normally surgeons are the important healthcare professionals dealing with the patient who needs to take the responsibility to collect patient information and let them know the process before and after surgery (White C.A Hunt JC, 1997). Various forms, questionnaires and surveys should be introduced for the screening purpose, where the other healthcare professionals and Para-medicals could take the in-charge of detecting the possibilities of psychological morbidities. This can even develop with applying effort in liaising with the mental health services. The authors future research will be done on the prospective using valid measurements psychologically and to be focussed on the morbidity by predicting, preventing, detecting and treating the psychological upset after the surgery of stoma (White C.A Hunt JC, 1997). PSYCHOLOGICAL AND SOCIALOGICAL ASPECTS OF COLORECTAL CANCER In a recent survey on the colorectal cancer patients, they have found that the patients have a good quality of life after the treatment (Medical News Today, 2011). This is because the patients has followed the medical management with some physical restrictions but the survey also shows there are sufferers from this condition post operatively. They are mostly dealing with the emotional and social living where the life of the patient is seriously affected even after many years (Medical News Today, 2011). Even though the disease is a common one, only a few details are known about post-operative and the quality of life they lead (Medical News Today, 2011). The survey dealt with approximately 300 patients who received treatment for colorectal cancer. But after many years of investigation they diagnosed that the patients are having lots of suffering due to the disease. The reason behind suffering is not with the physical problems but the fact is very serious about the problems facing psychologically. Patients are struggling due to the psychological causes. Dr. Volker Arndt and his colleagues of the Division of Clinical Epidemiology and Aging Research of the German Cancer Research Centre (Deutsches Krebsforschungszentrum, DKFZ), the Saarland Cancer Register and the Department of Epidemiology of Ulm University did this research and found that the patients are suffering from mental strains (Medical News Today, 2011). The patients are also having secondary diseases and these were studied from the sufferers who are relatively young age (Medical News Today, 2011). Throughout the world for one year there are about one million new cases being recorded. So this takes the colorectal cancer as the most common form of cancer among other types of tumours. For the past decade there is consistent and significant prognosis as most of the cases are been detected at the early stages. Long-term researches concerning colorectal cancer patients frequently deal with repetition of tumours and/or survival rates, whereas the long term wellbeing and eminence of life of patients once completion of therapy has been of slight systematic attention to date (Medical News Today, 2011). Arndt et al. has diagnosed after many years that the colorectal cancer patients quality of life is been restricted due to the emotional and social problems they face (Medical News Today, 2011). Other than this the colorectal cancer patients is suffering from a list of problems like respiratory distress, sleeping dis-orders, listlessness, problems in bowel and most important is financial worries. When seeing the quality of life of these patients even after three years of treatment, the improvement was modest and mostly they were restricted by the financial problems and/or living an adjustable life with stoma (Medical News Today, 2011). The persistent depression of the patient was continued for a long period. The researchers concluded that these sufferings and problems have its impact mainly due to the age and there is lots of influence in age factor on the psychological resistance. Thats the reason behind young patients are predominantly affected by the mental illness. Therefore, the younger patients are more affected by the disease compared to the older patients. This is even more threatening and having health deficits to the younger ones than the older sufferers. But still the older patients have to come up with the physical problems (Medical News Today, 2011). A literature review clearly states that the depression state is not only to the patients but the depression is seen in the life of spouses (Goldzweig. G et al. 2009). However the communication and distress issues and sufferings between the patients and spouses are still being understudied (Goldzweig. G et al. 2009). Accommodating the primacy of gender, attention should be given to whether the demand-withdrawal pattern in female cancer patients and their spouses is similar to the demands and emotional needs of both male cancer patients and male caregivers (Goldzweig. G et al. 2009). Price (1990) developed a method for taking care of patients with altered body image (Price B, 1990). He recommended that the nurses who are dealing with the patients with body image problem should use the principles of body components. He states that the body should be viewed as three components, body reality, body ideal and body presentation (Price B, 1990). CONCLUSION As summarizing the colorectal cancer patients body image and living stoma, the issues primarily dealing with loss of energy, loss of control, isolation, feeling dirty, sexual dysfunction, fertility and the female patients face pregnancy and menopause. As Price Bob recommended the social workers, health care workers and even the relations or care takers of the colorectal cancer patients should know well about the body components principles and do the rehabilitation. The basic problem of the disease deals with the medical management, if the patient in the later stage suffering from psychological issues he must be under critical care under psychologist. Most of the health professionals believe that the patient suffering from stoma is their concern but the thought should be changed and particularly stoma care nurses should be thinking wisely in helping the psychological issues faced by the colorectal cancer patients.
Saturday, January 18, 2020
Echr
The Right to Freedom of Expression and Religion This chapter includes two rights: a) the freedom of opinion and expression and b) the freedom of conscience and religion. Although these are two distinctive rights, they are in the same group as they both entail essential conditions for individual personal development. These rights are juxtaposed because freedom of expression is a quintessential aspect of the freedom to hold, practice and share oneââ¬â¢s religious beliefs. It is important to note, however, that the freedom of expression is subject to more restrictions than the freedom of religion.A. The right to freedom of opinion and expression The freedom of expression is a right without which other rights are difficult to acquire and defend. The right to freedom of expression is rooted in the 17th century struggle of European legislators for freedom of speech. The world has seen a continuing struggle for the freedom of expression, including the freedom of speech and freedom of the press, often going hand in hand with the endeavour to limit the power of governments.The freedom of expression can be considered an essential aspect of the individualââ¬â¢s defence against government, just as the suppression of the freedom of expression is essential to tyranny. Human rights defenders also rely heavily on this right to challenge government indifference to or infliction of human rights abuses. As freedom of expression is a foundation for religious and political activities, it is often exercised in concert with the right to freedom of thought and assembly. Under present international Conventions, state obligations in relation to freedom of expression are absolute and immediate.At the same time, as with other forms of liberty, completely unrestricted freedom of expression may lead to the infringement on the rights of others. The freedom of expression has been hedged in by a number of limitations and restrictions, often more extensively than other rights. Historicall y, most limitations have dealt with the expression of sentiments contrary to prevailing institutions or religious, political or other beliefs. In addition, in times of war, governments often restrict the freedom of expression in the interest of national security.Like in the US Supreme Court decided in the Schenk vs. United States- case. As a cornerstone of democracy, the complexity and importance of freedom of expression has lead to extensive case-law before national courts and international supervisory mechanisms. Standards International human rights law recognises a spectrum of expression, ranging from those forms that must be protected to those that must be punished. Article 19 of both the UDHR and the ICCPR establish the freedom of opinion and expression.Article 19 UDHR stipulates: ââ¬Ëeveryone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. ââ¬â¢ The regional Conventions also contain provisions regarding the freedom of expression: Article 10 ECHR, Article 13 ACHR and Article 9 ACHPR. The freedom of expression and opinion is a complex right that includes the freedom to seek, receive and impart information and ideas of all kinds through any media.The exercise of this right ââ¬Ëcarries with it special duties and responsibilitiesââ¬â¢ (see Article 19 ICCPR and Article 10 ECHR). Therefore, in general, certain restrictions or limitations on the freedom of expression are permitted under human rights law. Thus, Article 20(2) of the ICCPR requires states parties to prohibit ââ¬Ëadvocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence. ââ¬â¢ CERD also requires states parties to prohibit certain hostile expressions.Article 19 ICCPR stipulates that these limitations ââ¬Ëshall only be such as are provided by law and are necessary: a) for respect of the rights or reputations of others; b) for the protection of national security or public order (ordre public), or of public health or moralsââ¬â¢. In addition, Article 10 ECHR explicitly gives the state broad discretion in licensing of the media. In the Inter-American system, the Inter-American Court has dealt with freedom of expression in Advisory Opinion No. 5 on ââ¬ËMembership in an Association Prescribed by Law for the Practice of Journalismââ¬â¢.A strong correlation between freedom of expression and the right to gain access to information in order to form and express opinions has been recognised in the Inter-American System. In June, 2006, the OAS General Assembly adopted a Resolution that ââ¬Ëurge[d] the States to respect and promote respect for everyoneââ¬â¢s access to public information and to promote the adoption of any necessary legislative or other types of provisions to ensure its recognition and effective application. ââ¬â ¢ In the African system, the ââ¬ËDeclaration of Principles on Freedom of Expression in Africaââ¬â¢ was adopted by the African Commission in 2002.It stresses the ââ¬Ëfundamental importance of freedom of expression as an individual human right, as a cornerstone of democracy and as a means of ensuring respect for all human rights and freedomsââ¬â¢. The Danish Cartoon Controversy What has become known as the Danish cartoon controversy exemplifies the precarious balance between freedom of expression and the repression of expression. In 2006 a Danish newspaper published a series of cartoons depicting the prophet Mohammed as a possible terrorist, in one instance with a bomb in his turban.Many Muslims were outraged because depictions of Mohammed are prohibited in the majority of Muslim communities and likening Muslims to terrorists could incite discrimination and prejudice. Other factions upheld the right of the paper to publish the cartoons as a freedom of expression issue. Th e Danish cartoon incident sparked mass demonstrations throughout the world resulting in death and extensive damage of property in addition to sparking a fiery debate on international law, freedom of expression and permissible limitations of this right. * SupervisionThe freedom of expression is reduced by possible limitations under several international standards mentioned above. Moreover, freedom of expression and its internationally accepted limitations can be distorted by government initiatives through propaganda, control of the media and various other measures aimed at restricting the press, e. g. , licensing requirements, economic measures or restrictions on access to information. The right to freedom of expression has engendered a substantial body of case-law, in which both the right itself as well its limitations have been further defined.Under the auspices of the European system, the European Court has stated that freedom of expression:à à [C]onstitutes one of the essent ial foundations of such a (democratic) society, one of the basic working conditions for its progress and for the development of every man. [â⬠¦ ] It is applicable not only to ââ¬Ëinformationââ¬â¢ or ââ¬Ëideasââ¬â¢ that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb the State or any sector of the population.Such are the demands of that pluralism, tolerance and broadmindedness without which there is no ââ¬Ëdemocratic societyââ¬â¢ (Handyside v. The United Kingdom). Many cases have been brought before the former European Commission and the Court regarding the freedom of expression; several deal with the rights of journalists to freedom of expression. Case law zoeken!!! In the Chorherr judgment of August 1993 the Court dealt with an application concerning the applicantââ¬â¢s arrest, detention and conviction for breach of the peace after he had refused to stop distributing leaflets and exhibiting placards at a military parade.The Court held that the interfer- ence was ââ¬Å"prescribed by lawâ⬠and that there were legitimate grounds based on Article 10 à §2 (prevention of disorder) for regarding the interfer- ence as ââ¬Å"necessary in a democratic societyâ⬠. The Court has established that, according to the protection granted by the American Convention, the right to freedom of thought and expression includes ââ¬Ënot only the right and freedom to express oneââ¬â¢s own thoughts, but also the right and freedom to seek, receive and impart information and ideas of all kindsââ¬â¢ (Lopez Alvarez et al. . Honduras). On this note the Court has held that the state has a positive obligation to ensure that laws and regulations governing restrictions to access to state-held information comply with the Conventionââ¬â¢s parameters and restrictions may only be applied for the reasons allowed by the Convention; this also relates to the decisions on thi s issue adopted by domestic bodies (Claudio Reyes et al. v. Chile). In the African system, the African Commission on Human and Peoplesââ¬â¢ Rights has addressed the right to freedom of expression in diverse realms.It has, inter alia, found the detention of members of opposition parties and trade unions under legislation outlawing all political opposition during a state of emergency a violation of the freedom of expression; it has found that the failure of a state to investigate attacks against journalists violates their right to express and disseminate information and opinions and also violates the publicââ¬â¢s right to receive such information and opinions (Sir Dawda K. Jawara v.The Gambia, Communications 147/95 and 149/96). The Commission has held that state harassment with the aim of disrupting legitimate activities of an organisation that informs and educates people about their rights constitutes a clear violation of the right to freedom of expression. Recognising the impo rtance of freedom of expression, international fora and national governments have sought to promote additional standards to protect particular elements of this right.Several governments have enacted legislation to improve access to information; to provide adequate access to media; to protect employees from reprisals for disclosing illegal activities of their employers; and to provide data protection so that individuals have access to their personal files held by public authorities and to ensure that such information is withheld from all persons not expressly entitled to it. International organisations have addressed the implementation and supervision of the right to freedom of expression by, for instance, appointing experts on the issue.B. The right to freedom of conscience and religion The guarantees of freedom of conscience and religion are closely related to other substantive rights. For instance, the rights to freedom of expression, assembly and association are fundamental to ho lding religious beliefs and practising oneââ¬â¢s religion. Thoughts and views are intangible before they have been expressed, and convictions are valuable for a person only if he or she can express them. The private freedom of thought and religion is an absolute right that does not permit any limitation.The guarantee of the value of freedom of thought and religion implies that one cannot be subjected to treatment intended to change oneââ¬â¢s process of thinking, be forced to express thoughts, to change opinion, or to divulge a religious conviction; thus, the right to freedom of thought, conscience, religion, belief and opinion is closely associated with the right to privacy. No sanction may be imposed for holding any view, or for changing religion or conviction; and the freedom of thought and religion protects against indoctrination by the state.The public aspect of the freedom, the right to manifest oneââ¬â¢s belief in worship, observance, practice or teaching, is subject to limitations and defining the meaning of the freedom is complex; for instance, may refusal to serve in the military or pay taxes be justified on grounds of religion? Many states include guarantees for the right to freedom of thought, conscience, religion and belief in their constitutional traditions; in laws and regulations provisions are incorporated to prevent and punish interference with legitimate manifestations of religion or belief.Nevertheless, violations of the principles of non-discrimination and tolerance in the area of religion or belief are extensive; millions of people enjoy the freedom of thought, conscience, religion and belief only to a limited extent. Most human rights Conventions do not allow governments to impose as many limitations on freedom of religion as on comparable rights such as freedom of assembly and freedom of expression.In the last decades increasing political attention has been given to the freedom of religion, notably in Europe, in the light of rel igious intolerance. 1. STANDARDS One of the first standards for protection against religious intolerance was the founding document of the Republic of the United Netherlands, the Union of Utrecht from 1579, which stipulated that no one will be persecuted because of his religion. With the founding of the United Nations, protection against religious intolerance found its way into modern international standard setting.All regional Conventions contain provisions regarding the freedom of thought and religion: Article 9 ECHR defines the right to freedom of thought, conscience and religion in the same words as Article 18 ICCPR. The First Protocol to the ECHR includes a provision ensuring education and teaching in conformity with the parentsââ¬â¢ religious and philosophical convictions. Supervision The international supervisory bodies have dealt with a number of communications regarding violations of the freedom of thought and religion.The Human Rights Committee has dealt with several ind ividual communications regarding freedom of thought and religion. For instance, the Committee has found forbidding prisoners wearing a beard and worshipping at religious services and taking away their prayer books a violation of this right. The Committee affirms that: ââ¬Ë[T]he freedom to manifest religion or belief in worship, observance, practice and teaching encompasses a broad range of acts and that the concept of worship extends to ritual and ceremonial acts giving expression to belief, as well as various practices integral to such actsââ¬â¢ (Boodoo v.Trinidad and Tobago). The Committee has, however, found that requiring a Sikh who wears a turban in daily life to wear a safety-helmet at work does not violate his right to religious freedom (Singh Bhinder v. Canada). Similarly, the European Court of Human Rights held that refusing a Muslim medical student entry into classes and examinations in accordance with a school ban on head scarves upheld the principles of secularism and equality between men and women and was necessary in a democratic society (Leyla Sahin v.Turkey). In recent years the Committee has departed from its previous jurisprudence, stating that conscientious objection to military service can be derived from Article 18 ICCPR (General Comment 22). In this General Comment, the Committee, inter alia, ââ¬Ëviews with concern any tendency to discriminate against any religion or belief for any reasons, including the fact that they are newly established, or represent religious minorities that may be the subject of hostility by a predominant religious communityââ¬â¢.The Committee states, inter alia, that Article 18(2) bars coercion that would impair the right to retain oneââ¬â¢s religion or belief, including threats of violence and that designated state religions may not serve as justifications of violations of the right to freedom of religion. The ââ¬ËDeclaration on the Elimination of All Forms of Intolerance and of Discrimination Ba sed on Religion or Beliefââ¬â¢ stipulates that all states must take effective measures to prevent and eliminate discrimination on the grounds of religion or belief.Within the regional systems several cases regarding freedom of thought and religion have been brought before the supervisory mechanisms. The European Court of Human Rights has decided numerous cases regarding the right to freedom of conscience and religion, many of which have dealt with the freedom of religion in Greece. Article 9 protects non-religious beliefs; the Court has said that the values of the article are the foundation of a democratic society: ââ¬ËIt is, in its religious dimension, one of the most vital elements that go to make up the identity of believers and their conception of life, but is also a precious asset for theists, agnostics, sceptics and the unconcernedââ¬â¢ (Kokkinakis v. Greece). Further to indoctrination, the Court has made a distinction between ââ¬Ëimproper proseltysmââ¬â¢ and â â¬Ëbearing witness to Christianityââ¬â¢, the former possibly entailing brainwashing or violence (Kokkinakis v. Greece). Finally, in a controversial communication regarding assisted suicide, it was stated that freedom of thought under Article 8, that had hitherto included beliefs such as veganism and pacifism, could be applied to the applicantââ¬â¢s belief in and support for the notion of assisted suicide for herself.This was rejected by the Court as her claims did not involve a form of manifestation of a religion or belief, through worship, teaching, practice or observance as described in the ICCPR (Pretty v. The United Kingdom), citing, inter alia, a case where the European Commission had found that not all acts which are motivated by religion or belief constitute ââ¬Ëreligious practiceââ¬â¢ (Arrowsmith v. The United Kingdom).In regard to the right to freedom of conscience and religion under the Inter- American system, the Commission has ruled on a number of cases con cerning Jehovahââ¬â¢s witnesses and legitimate limitations of the right. The Commission has found that prosecuting members of that religion for refusing to swear oaths of allegiance, recognise the state and its symbols and to serve in the military is a violation of the right (Jehovahââ¬â¢s Witnesses v. Argentina (Case 2137)). Case of Plan de Sanchez Massacre v. Guatemala (Series C No. 105)). The African Commission has also dealt with the freedom of religion; it has, for instance, found harassment of Jehovahââ¬â¢s witnesses and religious leaders, assassinations and death threats aimed at them and destruction of religious structures in violation of the right (Free Legal Assistance Group, Lawyersââ¬â¢ Committee for Human Rights, Union Interafricaine des Droits de lââ¬â¢Homme, Les Temoins de Jehovah v.Zaire, Communications 25/89, 47/90, 56/91, 100/93). It has also stipulated that the expulsion of political activists was denying them, inter alia, the right to freedom of co nscience in violation of Article 8 ACPHR (Amnesty International v. Zambia, Communication 212/98).
Friday, January 10, 2020
Federal Governmentââ¬â¢s Response to Economic Issues of Tariff Essay
One outstanding feature of the railway transport during the 1880ââ¬â¢s was reduction of freight charges to large shippers, a fact that was disadvantageous to small shippers. Railway transport was also infamous for excessive charges between destinations that were served by one railway line. Moreover, some railroadsà à demanded more payment from some shippers than from others, for the same distance covered (Brinkley et.al 1995). When Cleverland assumed office for the first time, his administration passed the first Interstate Commercial Act that primarily regulated transportation by railway line, in addition to creating an Interstate Commerce Commission (ICC) that protected against any violations of the Act. The Act also prevented levying of extra charges, and discrimination in rates and rebates. Cleverland played an active role in effecting reduction of the high Tariffs. (Brinkley et.al 1995) He believed that high tariffs were the reason behind the high cost of living and for the rapid manner in which trusts were developing. à In 1887 and 1888, he made attempts to lower rates of protective tariff. These attempts were however, unsuccessful (Farmer, 2005). His à à second term in office as the president was characterized by severe economic and financial crisis brought by collapse in the stock market. However, despite the crisis, Cleverlandââ¬â¢s administration also saw the passing of The Wilson-Gorman Tariff Act of 1894. This law had important concessions to protectionism, in addition to reducing the rates of Tariff. (Brinkley et.al 1995) When Harrison became the president in 1889, his Government, in order to fulfill election promises, passed the McKinley tariff Act, This Act sought to protect established industries and to encourage growth of emerging industries (Farmer, 2005). The McKinley Tariff however became unpopular especially with farmers and consumers since it occasioned a rise in retail prices and led to increase in the import rates in industrial goods. However, during Harrisonââ¬â¢s term in office, eight treaties that led to reduction in tariff rates were negotiated. Harrisonââ¬â¢s tenure also saw the passing of the famous Sherman Anti-Trust Act, which vested the government with powers of filing lawsuits against business organizers whose actions restrained competition. This law was however, not enforced and the concentration of trusts went on as before (Brinkley et.al 1995). Reference 1.à à à à à Brinkley, A., Freidel, F., Williams, H. T. (1995). American History: A Survey. (9th ed). New York. McGraw Hill. 2.à à à à à Farmer, B.R. (2005). American Conservatism: History Theory and Practice. England. Cambridge Scholars Press.
Thursday, January 2, 2020
Choosing Research Topics
Choosing Research Topics In one way or other all the students have to write research papers. Usually, the process of preparing takes a lot of time and efforts. Young people have to spend many sleepless nights reading necessary literature and structuring the information in order to present it in the best way and to receive the highest marks. Still, I think nobody will deny that everything starts with choosing the topic. So, how to make the right choice? First of all, select the topic you are interested in, as it is always easier to work over the project, which doesnââ¬â¢t leave you indifferent. A topic, which you care about enough to invest your time and energy in thought, research and development of ideas, will be not only useful for you, but also interesting to work at. When you have chosen the topic, try to state it in one short sentence and look at all possible components that make up this statement. It will help you understand in what way to conduct your further research. Donââ¬â¢t be afraid to consult with your professor. Sometimes a topic can benefit from updating or narrowing it. Thus, if you want to modify it slightly, express your point of view and be sure that your initiative will be appreciated. After you have coordinated the topic with the professor, write all the possible associations that come to your mind, when you think about this topic (it can be separate words or short phrases). Finally, you can start your research, as you already have a clear idea of the topic you are going to explore and you understand in what direction you need to move. So, nothing stops you from writing the paper and learning a lot of new and interesting information.
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