Case review Essay Example | Topics and Well Written Essays - 2500 words

Case review - Essay Example ts’ willingness to massively punish large corporations financially, the latter ironically suggests what claims could arise if such a practice were to be over-applied. It is clear by both cases that a balance must be struck which finds a middle-ground between the two extremes. In 1992, Stella Liebeck bought a cup of coffee from her local drive-through McDonald’s restaurant in New Mexico. Having stopped to sugar the coffee, she spilled the contents over her lap upon trying to remove the lid. Her upper legs, groin and buttocks suffered third-degree burns and she spent over a week in hospital to undergo skin grafts and a further two years of treatment. As a result, she lost a considerable deal of weight, and incurred medical costs. A battle then ensued between McDonald’s and Steinbeck, over a settlement for Steinbeck’s medical costs – McDonald’s initially would not cover even the medical costs, and offered a modest $800. Steinbeck then brought a claim of gross negligence, stating that the coffee manufactured by McDonald’s was defective and unreasonably dangerous. McDonald’s refused all offers to settle for various sums of money before the trial took place. The main issue surrounding Liebeck’s case was the temperature at which McDonald’s served its coffee. It was argued that the high temperature would cause third-degree burns in very little time, and that a slight reduction would provide valuable time allowing the spillage to be removed from the skin and reduce the extent of burns. McDonald’s argued that serving coffee at such a temperature would allow it to be drinkable for a long period of time, and that those buying it at the drive-through would want to drink the coffee over (or after) a prolonged period of time. It came to light that 700 other reports and claims existed of other customers being burned by McDonald’s coffee (McDonald’s v Greenlee), although McDonald’s argued that this was not a sufficient number to lower the

The Character of No-one in Twenty-Thousand Leagues Under the Sea Essay

The Character of No-one in Twenty-Thousand Leagues Under the Sea      Ã‚  Ã‚  Ã‚   Alan Quatermain, sitting hunched over and delirious from opium withdrawal, has been taken aboard a huge submersible vessel.   The aging adventurer says, "P-please.   I feel so sick.   Need my medicine."   A cold voice answers him, "You are aboard my ship, sir, and my remedies are bitter."   Quatermain turns, with his eyes rolled back, teeth clenched, and streams of sweat rolling off of his face, and he says, "Who said that? ... I see you only dimly, sir.   If you are real and not some opium djinn sent to torment me, tell me who you are!"   A turbaned man with a long beard and curled mustache, his eyes dark with the weight of years of exploring the depths of the oceans, exploring the unknown, and seeking vengeance with a hate that consumed him but that he controlled, looked down upon Quatermain and answered, "No-one."      Ã‚  Ã‚  Ã‚  Ã‚   Captain Nemo truly is no one.   He expresses no nationality or loyalty but to himself and the oceans.   In the original novel, Twenty-Thousand Leagues Under the Sea, written by Jules Verne, Nemo says, "Professor, I am not what you call a civilized man!   I have done with society entirely, for reasons which I alone have the right of appreciating.   I do not therefore obey its laws, and I desire you never to allude to them before me again!"   The narrator, Professor Aronnax, states, "This was said plainly.   A flash of angerand disdain kindled in the eyes of the Unknown, and I had a glimpse of a terrible past in the life of this man" (73).   Captain Nemo is outside of society, living deep in the oceans; he is the terror of the unknown.   His ship, the Nautilus, is thought to be a sea monster, and the legend is talked abo... ...best of humanity, and he showed the worst that the best of us can do.    Bibliography Allott, Kenneth.   "Chapter III:   1863-1870."   New York:   The Macmillan Co., 1941.   Buzard, James, Linda K. Hughes.   "The Victorian Nation and its Others" and "1870."   A Companion to Victorian Literature and Culture.   Ed. Herbert F. Tucker.   Malden:   Blackwell Publishers, 1999.   35-50, 438-455.   Cappetti, Diana, Julie Lewis, Michael Mullen.   "Late Nineteenth Century Poets."   Diss. FGCU, 2001.   Moore, Alan, Kevin O'Neill.   The League of Extraordinary Gentlemen.   Canada:   America's Best Comics, L.L.C., 2000.   Verne, Jules.   "Captain Nemo."   New York:   Vincent Parke and Co., 1911.   Verne, Jules.   Twenty-thousand Leagues Under the Sea.   Cleveland:   The World Publishing Co., 1946.   "Island of Dr. Moreau, H.G. Wells."   Diss.   FGCU, 2001.  

Third Gender

In society, the biological difference between men and women is used as a justification for aligning them with different social roles which restrict and mold their attitudes and behavior. Merriam-Webster defines gender as the behavioral, cultural, or psychological traits typically associated with one sex. Narrow minded society of today is not satisfied with the natural difference of sex, but each insist on adding a cultural difference of gender to it. The unsophisticated, ideal physical facts always become associated with the complex psychological qualities (Holter).It is not enough for a male to be a man; he must also be masculine. A woman, in addition to being a female, must be feminine (Magner). In a more evolved and accepting society, men and women will not be judged based on physical attributes and passing judgement on those whose beliefs and physical and mental make up do not agree with that of their own. This new age society will redefine gender thus creating three genders, fem ale, male, and androgynous. As previously stated, gender is defined as the behavioral, cultural, or psychological traits typically associated with one sex (Volume Information).Gender has a major impact on how our identity is developed through many interactions such as with parents, media, and peers. How people are raised in society reflects how they act and mature. Our society changes our attitudes and views on life more than our biological make-up. By establishing a new society, one where people are more accepting, will create peace amongst the sexes. Gender is a combination of what is seen, as well as how people think, feel, act and react to various situations.This blend of biological, psychological, and sociological features is developed based on how an individual is raised and influenced by the society in which they live and are apart of (Holter). Gender has a major impact on every aspect of a person's life. It has a strong impact on the way people set goals, how they feel about themselves, and making work related decisions. It also has major impact on they way people dress, religion, relationships, and how they express feelings and emotions. Gender roles determine and directly affect how an individual thinks, speaks, and interacts within society (Guastello, 665).Gender schemas are deeply embedded cognitive frameworks regarding what define masculine and feminine (Guastello, 665). Social agents such as parents, teachers, peers, television, music, and books, demonstrate and reinforce gender roles throughout the lifespan of a person (Woodhill, 17). By developing a new society, the distorted definition of manhood and womanhood will be changed and seen in a more philosophical way. What is the role of the â€Å"female† in society? From decade to decade raising children and doing all the household chores belong to the female domain.Currently women are perceived as more communal (selfless and concerned with others) than men (Magner). These beliefs were hypo thesized to stem from perceivers' observations of women and men in differing social roles: (a) Women are more likely than men to hold positions of lower status and authority, and (b) women are more likely than men to be homemakers and are less likely to be employed in the paid work force. This newly developed definition of gender will re-construct the image of the ideal woman. Women will be liberated and will have the ability to do multiple tasks without judgement by men being passed upon them.The newly liberated woman will have a positive impact on society by showing that gender does not determine success. Women will be accepted and will defeat inequality. The male and androgynous perception of women will not create a sense of oppression by means of exploitation. It is also imperative to ask what is the role of the male in society? Society uses masculinity to define a man. In â€Å"Society and Sex Roles† by Ernestine Friedl, Friedl supports the the idea that suggests that â €  although the degree of masculine authority may very from one group to the next, males always have more power† (261).The traditional roles of a man was established to ensure the power of the head of household. From a historical stand point, it was always assumed that the head of the household was always the male. Today's society have groomed people to believe and expect a man to be brave, industrious and domineering, whereas a woman is suppose to be submissive and nurturing (263). Men have also been raised to believe that their feelings and emotions are suppose to be hidden from others and should be dealt with internally.With creating this society, men will be able to express themselves without ridicule. Men will be able to continue to provide for their families, as well as maintaining a clean image without being labeled as â€Å"queer. † Men will have an overall promising and positive impact on society by creating a community where children will have positive male figure in their lives. This new type of man, one who is sensitive, caring and not afraid to vent his feelings will still be able to carry the burden of taking care of the household and the children in the event there is absence of the mother.The female and androgynous perception of a man will eliminate the dominance of a male's ego. Androgyny is a word made up of two Greek roots. â€Å"Andro† which means males; whereas, â€Å"gyn† means female (Woodhill, 18). Androgyny is the state or condition of having a high degree of both feminine and masculine traits (18). Under these circumstances, human beings have loosely defined impulses and are free to express nontraditional values. Androgyny is not synonymous with any biological distinctions. According to D. D Guastello, sexual behavior or preference has nothing to do with gender identity (663).Androgyny, viewed as a balance between positive feminine and positive masculine traits, it blends the virtues of the male and femal e. There are two definitions for androgyny: physical (intersexual) – born with both male and female genitals; and psychological – combining both masculinity and femininity as traits of a unified gender that defies social roles and psychological attributes(664). The common usage of the term androgyny in society refers to the latter description (665). As to the sexual orientation, an androgynous person can be heterosexual, homosexual or bisexual.Androgynous individuals tend to behave in ways that counteract conventional gender stereotyping. With the constant change of American culture, the resiliency of androgynous individuals helps society deal with societal pressures. Individuals do not adhere to the same standards that gender-typed individuals do. As a result, they exude higher levels of self-esteem and psychological well-being (665). With creating this third gender, androgynous individuals will be able to live a life without ridicule from men and women who are differ ent from them.Androgynous individuals have dealt with bullying, scolding, and ridicule and are not accepted because of what has been taught through one's life. This new society will encourage androgynous individuals to feel more comfortable and live a healthy and satisfying life without being categorized as different. Today's society does not embrace the idea of androgyny. These individuals will be the quintessential form of existence. They are an all encompassing gender which will make these individuals the ideal mate. These individuals will be able to contribute to the successes of the work place as well as domestically.An androgynous person will also be given the opportunity to hold political positions and well as lead congregations in worship services. The appeal of accepting the idea of adding androgynous gender to society will transcend and eliminate judgement based on physical attributes. It has been proven that gender roles in society have changed over the past decade and wi ll continue to change as the next approaches (holter). Although these roles are ever changing, there are still entirely too many stereotypes and boundaries placed on each gender which cause a rift in relationships.These boundaries keep males and females from exploring their full capacity, completely accepting the idea of androgyny, and evolving into a society of equals across the board. This goes to show that people are easily manipulated through various sources into commonality. Society does not embrace individuality or differences, however; constantly being defined by sex, color, and race through gender prevents unity amongst the masses. Those stereotypical groups are also assigned attitudes, intelligence as well as work ethics.Currently, should people run across someone who doesn't conform to their beliefs and ideas, the likelihood of them being congenial is substantially reduced. Furthermore, men and women have the same emotions but their gender behaviors are conditioned by soci al norms varying from culture to culture. By discarding the imposed restrictions and inhibitions, one would discover the natural androgynous self and learn to accept individuals for who and what they aspire to be. Citation: Citation: please fix the citations i did them off the top of my head don't have ]many internet resources APPLE blocks a lot of stuff. eel free to add what needs to be added more of your opinion that will support your stand on this issue. also cite the article u gave me that you found as well Holter, H. (1970), Sex Roles and Social Structure (Oslo: Universitet for Laget). Magner, Lois N. â€Å"Nineteenth-Century Views of the Female Body and Their Impact on Women in Society. † 2005. Web. â€Å"Volume Information. † Journal of Marriage and Family 47. 4 (1985): 1082-100. Print. Guastello, D. D. & Guastello, S. J. (2003). Androgyny, gender role behavior, and emotional intelligence among college students and their parents. Sex Roles, 49(11), 663-673.

Autism, Multiple Personality Disorder and Socializing Essay

Autism, Multiple Personality Disorder and Socializing â€Å"Where could anybody be without organizing their own thoughts†(Slater 1)? Imagine living in a world where one could not communicate with anyone around them on a truly rational level, even though the individual is completely rational. Imagine feeling so frightened by life, that one escapes to an Alternate reality, where they become catatonic, or even take on forms of different personalities to deal with everyday situations. Try not being able to communicate through one’s own words, only repeating what others have said in order to get along in life. This is what living with Autism is like. Autism, through the book definition is a â€Å"complex developmental disability†¦that appears†¦show more content†¦Multiple personality Disorder, (MPD) was first recognized in the 1700’s but was not understood so therefore was soon forgotten. Many cases showed up during the years, but was overlooked, or misdiagnosed as either schizophrenia or psychosis. Many in the medical profession did not believe that a person could have more than one personality in a body, unknowingly, even after the 1950’s. In 1993, records show that three to five thousand people were being treated for MPD, compared to the hundred cases reported ten years earlier. The disease is commonly found in adults who were abused mentally, physically, emotionally, and or sexually as children, between birth to eight years of age. The child uses a process called disassociation to separate himself/herself from the abusive situation. This is when the child makes up a personality to take control of the mind and body. During abuse, usually there is a personality for every emotion and feeling when the abuse is taking place. Symptoms of the disease include: amnesia, hallucinations, depression, and suicidal thoughts, and tendencies, and there can be anywhere from two to over a hundred different personalities. Usually each personality will fall into one of the followi ng categories: host, core, child, teenager, artistic, adult, animals, intimate members, self-helpers, persecutor, rescuer and helper. The child is usually under the age of twelve, with according behaviors,Show MoreRelatedThe Effects Of Music Therapy On Children With Autism1406 Words   |  6 Pages There are multiple ways to heal and multiple benefits that come out of healing. One of those healing methods is Music Therapy. Music Therapy has been shown to help many people of all age groups, a specific group being children with autism. It helps benefit children with autism by improving their communication and social skills. Just simply listening to music calms and puts the brain at ease. Music Therapy is beneficial to this specific group because though they may have deficits socially, they showRead MoreSocialization And Kids With Autism Essay1763 Words   |  8 PagesSocialization and Kids with Autism Introduction I am very passionate about working with kids with autism. They have such amazing personalities and I feel like people don’t see past the disability to the unique person they are. For several years I worked at a residential facility for kids on the spectrum. I was a direct care staff that worked one on one with them to work on their goals their treatment plan was focusing on. My passion to help kids with autism comes from my previous experienceRead MoreLiterature Review on Autism Spectrum Disorders3442 Words   |  11 Pagesï » ¿Literature Review: Autism Spectrum Disorders: What is Autism, how is it caused, and how can it be treated? The University of Tennessee at Chattanooga Crystal Waynick April 3, 2012 Abstract Autism has become an increasing subject of interest, especially to researchers and medical professionals. This increase in interest is most likely due to the fact that autism is becoming an increasing problem in children, with the number of diagnoses doubling inRead MorePet Therapy3042 Words   |  13 Pagespets instead of medicine to their patients? The first type of animal therapy is animal-assisted activities (AAA). This therapy is performed by trained professionals with the accompaniment of animals that meet specific criteria. AAA are used for multiple patients and are more of a â€Å"sit down† and â€Å"play† time. A therapist is not sitting with the patient taking notes such as, ‘what are the patient’s actions showing’ (About 2)? Many different types of animals may be used for pet therapy. The mostRead MoreHigh School Student Essay20272 Words   |  82 Pagescommentators have used different metaphors to describe the relationship between diverse cultures in the United States. The â€Å"melting pot† was one of the first. Those who saw the United States as a melting pot emphasized assimilation, a process of socializing people so that they adopt dominant social norms and patterns of behavior. Assimilation attempted to make members of minority cultural groups â€Å"similar† to those belonging to the dominant cultural group—typically Whites of European descent. The meltingRead MoreSocial Networking Sites-Boon/Bane15517 Words   |  63 Pagesmachines, he said. The survey reveals that an increasing number of people are using their mobile phones to surf the internet. Anything for social networking! Social networ king has never been so addictive, ever since B-Town and other famous personalities joined in the fun. While their followers are increasing by the day, celebs have found a new mouthpiece to express their thoughts and interact directly with anyone and everyone. But more often than not, some of them bear the consequences of beingRead MoreStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words   |  1573 Pages0-13-283487-1 ISBN 13: 978-0-13-283487-2 Brief Contents Preface xxii 1 2 Introduction 1 What Is Organizational Behavior? 3 The Individual 2 3 4 5 6 7 8 Diversity in Organizations 39 Attitudes and Job Satisfaction 69 Emotions and Moods 97 Personality and Values 131 Perception and Individual Decision Making 165 Motivation Concepts 201 Motivation: From Concepts to Applications 239 3 The Group 9 10 11 12 13 14 15 Foundations of Group Behavior 271 Understanding Work Teams 307 Communication

English land law - Free Essay Example

Sample details Pages: 6 Words: 1792 Downloads: 10 Date added: 2017/06/26 Category Law Essay Type Analytical essay Tags: Act Essay Did you like this example? English Land Law (a) For conveyances completed on or prior to 27 September 1990, a valid contract of sale of land was governed under s 40 of the Law of Property Act 1925. Any land contract could be either oral or written but, if oral, evidence via a written document or an act or part performance was required to facilitate enforceability. For post 27 September 1990 conveyances, the rules under s 2 of the Law of Property (Miscellaneous Provisions) Act 1989 are applicable. Don’t waste time! Our writers will create an original "English land law" essay for you Create order The contract must be in writing, contain all the terms agreed between the parties and must be signed by those parties. (b) A valid deed made before July 31st 1990 required the signature of the person executing the deed, his seal or locus sigilli (LS), and delivery to the other party. After July 31st 1990, the procedure is under s 1 of the MP(LP)A 1990. A deed must express on the face of it that it is intended to be a deed, it must be signed by the person executing the deed and done so in the presence of a witness. Finally, the deed is to be delivered by the person executing the deed or by another on his behalf. Question Two Title does not pass for registered land until the title is registered in the Land Registry in accordance with s 27 of the Land Registration At 2002. This system differs from the unregistered system as here there is only the requirement for the execution of title deeds that effect the transfer of ownership. The difference is that title does not pass in the new system until title is registered. In the old, latter system, title would pass immediately upon delivery of the deed with the money purchase of the estate. Question Three The three principles of land registration reflect the purpose of this system, which is à ¢Ã¢â€š ¬Ã…“To achieve greater simplicity and certainty of title to land by a system of central registration of property, ownership and charges.[1]à ¢Ã¢â€š ¬Ã‚  This therefore means that the requirement for investigation into title effectively stops upon inspection of the Registry and there are three principles of this system, which has its origins in Australia and is referred to as the Torrens system[2]. The Curtain Principle This principle dictates that, in accordance with s 78 of the Land Registration Act 2002 trusts relating to land are kept away from the title. The result of this is that third parties have the ability to transact with registered land owners with out fear of overreaching. This rule was also affirmed in the Australian case of Wolfson v Registrar General (NSW)[3]. The Insurance Principle Here the Crown will guarantee the accuracy of the registered title. The result of this is that the State will indemnify a registered proprietor from public funds in the event that they are deprived of their title or it is affected in any way by virtue of any fault in the register. The upper limit for compensation now stands at around  £2.5 trillion[4]. The Mirror Principle The notion here is that Land Registration is to act as a mirror which will accurately à ¢Ã¢â€š ¬Ã‹Å"reflectà ¢Ã¢â€š ¬Ã¢â€ž ¢ the full myriad of estates and interests that are affecting the registered land. This therefore means that the register is seen as the all encompassing document[5]. Question Four In Joint tenancy co-owners own the whole estate together and are treated collectively as a single owner. The subject matter of joint tenancy cannot therefore be split and distributed between the joint tenants as each possess a right to the whole estate. In order for a joint tenancy to be valid, it is essential that the à ¢Ã¢â€š ¬Ã‹Å"four unitiesà ¢Ã¢â€š ¬Ã¢â€ž ¢ are present. Firstly, à ¢Ã¢â€š ¬Ã‹Å"Timeà ¢Ã¢â€š ¬Ã¢â€ž ¢ requires that the interest of each of the co-owners vests at the same time. Secondly, à ¢Ã¢â€š ¬Ã‹Å"Titleà ¢Ã¢â€š ¬Ã¢â€ž ¢ means that the joint tenants are to have obtained their title via the same means, such as the unified action of taking possession , which was established in Ward v Ward[6]. Thirdly, the à ¢Ã¢â€š ¬Ã‹Å"interestà ¢Ã¢â€š ¬Ã¢â€ž ¢ of each of the joint tenants requires to be absolutely identical and must therefore be of the same duration and nature. Finally, à ¢Ã¢â€š ¬Ã‹Å"Possessionà ¢Ã¢â€š ¬Ã¢â€ž ¢ means that the co-owners must be equally entitled to possession of the land[7] and no single part of it can be for the exclusive possession of one party to the group of joint tenants. By contrast, tenancy in common constitutes the notion of shares in property that can be split up. Further to this, there is only one à ¢Ã¢â€š ¬Ã‹Å"unityà ¢Ã¢â€š ¬Ã¢â€ž ¢ principle, which is possession. This type of tenancy operates on the principle that the division of property occurs where there is a desire to liquidate a share by one of the tenants in common but, despite this all tenants in common share the right to possess the whole property. Question Five 1)Adverse Possession of unregistered land Possession is governed by the Limitation Act 1980, which states that no action for the recovery of land may be brought after a statutorily prescribed period of time has passed since the date of creation of the right of action[8]. The prescribed time is 12 years in accordance with s 15 of the 1980 Act. There are two requirements for there to have been successful expiration of the prescribed period. Possession The first element of possession is that it must be factual whereby, as stated by Slade J in Powell v McFarlane[9]: à ¢Ã¢â€š ¬Ã…“What must be shown as constituting factual possession is that the alleged possessor has been dealing with the land in question as an occupying owner might have been expected to deal with it and that no-one else has done so.[10]à ¢Ã¢â€š ¬Ã‚  Factual possession of ground behind a house would therefore constitute fencing it in and cultivating it, and this occurred when Jill fenced it in but the planting of trees is a debatable act of exclusive possession. The limitation period therefore began between 1985 and 1990 but no further accuracy is required as the second element of possession is not met. This is intention, which is to make clear to the rest of the world that there is intention to possess the lands exclusively. The planting of trees would not be sufficient for this but the fencing would and therefore, the period of limitation began in 1990. Adverse Possession Possession requires to have been inconsistent with the rights of the owner. Disused land that is subject to a future purpose by the proprietary owner is dealt with in the case of Leigh v Jack[11] which began the theory of implied licence whereby possession of disused land could not lead to dispossession by an adverse possessor. However, this assumption is no longer recognised as trite law since Sch 1, para 8(4) of the 1980 Act states that mere consistent treatment of land by the adverse possessor with the intentions of the proprietor will not assume implied licence. Therefore, the ground taken by Jill has been adversely possessed. Aggregation of adverse possession S 15(1) of the 1980 Act allows for the aggregation of the period of adverse possession thereby allowing a new owner to include any period of adverse possession by the old owner.[12] The adverse possession must be continuous and this is satisfied in the present circumstance with Berthaà ¢Ã¢â€š ¬Ã¢â€ž ¢s purchase from Jill. Interruption of limitation Proceedings may be brought by the true owner against the adverse possessor but proceedings must progress through to judgement and the mere issuing of a writ is not sufficient[13]. The Councilà ¢Ã¢â€š ¬Ã¢â€ž ¢s letter to request the removal of a fence therefore does not satisfy the extent of action required to cease the running of the limitation period. There has been adverse possession of the unregistered land from 1990 to 2005, which means that the Councilà ¢Ã¢â€š ¬Ã¢â€ž ¢s right of action has expired and Bertha has acquired a legal estate. Adverse possession of registered land The Land Registration Act 2002 creates limitations for adverse possession of registered land. The adverse possessor has to apply for registration in the land registry under Sch 6 but only once they have undergone uninterrupted possession for at least ten years[14] up to the date of application or within six months of an eviction notice[15]. Aggregation does not apply for registered land but Bertha still has more than ten years between 1992 and 2005 and, if the notice received from the Council is for eviction, she has sought advice well within six months. In accordance with rr. 194 and 198 of the Land Registration Rules 2003[16] the registrar must however notify the registered proprietor of the application once it is received. If there is no response to such notice, the adverse possessor may register title.[17] This will not happen to Bertha as the Council will object and defeat her claim. There are however three circumstances where responses by the proprietor or others with i nterests will not affect the application for registration of title by the adverse possessor. These are estoppel[18], some other right to the land[19] and reasonable mistake as to boundaries[20]. The second is irrelevant and no reasonable mistake could have been made as to boundaries as the house purchased by Bertha was registered no later than 1985 and the boundaries would have been clearly marked. There is also no notion of estoppel as the registered proprietor did not induce Bertha to believe that the land was hers[21]. Bertha will loose the registered land! Bibliography Legislation Land Registration Act 1925 Limitation Act 1980 Law of Property (Miscellaneous Provisions) Act 1989 Land Registration Act 2002 Land Registration Rules 2003 SI 2003/1417 Case Law Freeguard v Royal Bank of Scotland Plc (2000) 79 P CR 81 Wolfson v Registrar General (NSW) (1934) 51 CLR 300 Creelman v Hudson Bay Insurance Co [1920] AC 194 Abbey National Building Societ y v Cann [1991] 1 AC 56 Ward v Ward (1871) LR 6 Ch App 789 Bull v Bull [1955] 1 QB 234 Powell v McFarlane (1970) 38 P C R 452 Leigh v Jack (1879) 5 Ex D 264 Mount Carmel Investments Ltd v Peter Thurlow Ltd [1988] WLR 1078 Markfield Investment Ltd v Evans [2001] 1 WLR 1321 Secondary Resources Ruoff, T.B., 1957, An Englishman Looks at the Torrens System Sydney, Melbourne and Brisbane Gray K Gray S.F., 2005 Elements of Land Law, 4th edition, Oxford University Press Land Registry Press Release LRP03/03 (4 February 2003) 1 Footnotes [1] Freeguard v Royal Bank of Scotland Plc (2000) 79 P CR 81 at p 86 per R Walker LJ [2] Ruoff, T.B., 1957, An Englishman Looks at the Torrens System Sydney, Melbourne and Brisbane, at p 8 [3] (1934) 51 CLR 300, See Rich and Evatt JJ at p 308 [4] Land Registry Press Release LRP03/03 (4 February 2003) [5] See for example. Creelman v Hudson Bay Insurance Co [1920] AC 194 at p 197 per Lord Buckmeister. See also Abbey National Building Society v Cann [1991] 1 AC 56 at 78C per Lord Oliver of Aylmerton [6] (1871) LR 6 Ch App 789 [7] Bull v Bull [1955] 1 QB 234 [8] Limitation Act 1980, s 15(1) [9] (1970) 38 P C R 452 [10] supra note 9 at p 471 [11] (1879) 5 Ex D 264 [12] Mount Carmel Investments Ltd v Peter Thurlow Ltd [1988] WLR 1078 [13] Markfield Investment Ltd v Evans [2001] 1 WLR 1321 [14] LRA 2002 Sch 1 para 1 [15] LRA 2002 Sch 1 para 3 [16] SI 2003/1417 [17] LRA 2002 Sch 6 para 4 [18] LRA 2002, Sch 6, para 5(2)(a) [19] LRA 200 2, Sch 6, para 5(3) [20] LRA 2002, Sch 6, para 5(4)-(5) [21] Gray K Gray S.F., 2005 Elements of Land Law, 4th edition, Oxford University Press, p 384

Ict Skills Required Within A Health And Social Care Setting

In this section of my assignment I will be introducing the ICT skills required within a health and social care setting. I will state what each of the skills are, the benefits for carrying them out and the disadvantages of them if they are not carried out properly. It is important for staff working in a health and social care setting to have adequate ICT skills. This is because more records and data are being stored online, and ICT is becoming more and more common. Having these skills means they are able to carry out a range of tasks at an easier and quicker rate. Some of the tasks include: †¢ To collect and input data †¢ To access data †¢ To find data †¢ To save data †¢ To store data †¢ To protect data †¢ To share data Collecting and inputting data means collecting information and inputting it into a system. An example in a health and social care setting would be a secretary in a GP’s office collecting information on a service user such as obtaining their appointment time, and then inputting this information into the practises system so that the GP now knows this individual has checked in and is ready to be seen too. This method of ICT is seen as beneficial as it means there is no need for excessive paperwork to be filled out and stored. Although, others do not wish for their information to be collected and inputted into a database system, as they believe these systems can be easily hacked and therefore their data can be used by another person e.g. fraud. Accessing data meansShow MoreRelatedInformation And Communication Technologies ( Ict )1722 Words   |  7 Pagesplays a large role in the day-to-day activities within the health care sector. It is generated and processed by health care providers, such as physicians, nurses and hospitals as they provide care to their patients. 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Protection of Children from Sexual Offences Law and Its Effectiveness Free Essays

string(83) " and most importantly IPC laws relating to sexual offences are not gender neutral\." PROTECTION OF CHILDREN FROM SEXUAL OFFENCES: LAW AND ITS EFFECTIVENESS *INTRODUCTION Childhood is considered to be the most crucial phase of human growth and also the most memorable one. It is much more than just the space between birth and the attainment of adulthood. It is a precious time in which children should live free from fear, safe from violence and protected from abuse and exploitation. We will write a custom essay sample on Protection of Children from Sexual Offences: Law and Its Effectiveness or any similar topic only for you Order Now It’s time for children to be in school and at playground, to grow strong and confident with the love and encouragement of the family and an extended community of caring adults. But what if the childhood becomes a never ending nightmare? A childhood where child refuses to go to school out of an unusual fear? A childhood where he refuses to play outside as he is scared to be surrounded by people? Just imagine a childhood when his own house, the safest place for a child turns out to be an exploitation camp by his own inmates. The entire childhood get raped! We can’t imagine of anything more horrific. The stories of abuse and exploitation of children is all around us. We read about them in the papers, watch them in news and see hundreds of children being exploited as we go about our everyday lives. As per a study conducted by Ministry of women and child department, 53 percent of children in India have suffered some kind of sexual abuse in their childhood and the more shocking fact is that unlike the ordinary notion, 50 percent abusers are known to the child or in a position of trust or responsibility. *CHILD SEXUAL ABUSE DEFINED Child abuse may be emotional, mental, physical or sexual and encompasses a much wider gamut of actions . On the other hand Child sexual abuse is that which targets sexuality and/or sexual organs, involves sexual gestures, words, pictures, actions. It’s the most heinous manifestation of abuse of children as it traumatizes the child for the whole life in all ways, sexually, physically, psychologically and socially, leaving behind a scarred childhood and a disillusioned adulthood caused by the past memories. According WHO, child sexual abuse is the involvement of a child in sexual activity that he or she does not fully comprehend, is unable to give consent to or that violates the laws or social taboos of society. While releasing the Report on Child abuse in India, 2007, Women and child Development minister, Renuka Chaudhary said â€Å"child abuse is shrouded in secrecy and here is a conspiracy of silence around the entire subject†. Both the government and the NGO’S working in this field find it difficult to get the accurate data. *INDIAN CONSTITUTION, INTERNATIONAL CONVENTION AND THE LEGISLATIVE LAWS: RECOGNITION OF THE CHILD RIGHTS AND THEIR PROTECTION Looking into the details of child abuse in India, our le gal framework and the relevant legislations, Indian constitution recognising the vulnerable position of children and various crimes against children that are linked to sexual abuse provides for their protection from such offences. Article 15 provides for special attention to children through necessary and special laws and policies that safeguard their interest. Article 23 provides protection against human trafficking and forced labour. Article 24 and 39 specifically prohibits children from engaging in hazardous employment and protection from exploitation respectively. Thus Indian constitution has provided for a framework which serves as a direction to the legislature to make child protection laws. India’s commitment to the issue is also emboldened by the fact that India is a signatory nation to the UN Convention on the Rights of Child, 1989. One important regional convention here is the SAARC convention on preventing and combating trafficking in women and children, 2002. Looking at the legislative laws the parliament of India recently passed Protection of children from sexual offences Act, 2012. The act has filled a glaring lacuna in the law. We will get into the details of the Act at the later stage of the essay as the law has just come into force and we are yet to see its impact. To appreciate the new act we have understand the history of child sexual abuse laws in India and their effectiveness so far. Before the above mentioned law was passed the cases of child sexual abuse were dealt under the following sections of IPC. Section 375 defines rape; section 376 provides for the punishment of rape which shall not be less than seven years but which may extend to ten years unless the women raped is his own wife and is not under twelve years of age in which case, he shall be imprisoned with a term which may extend to two years or fine or both. When the girl is less than 12 years or where the rapist is a person in authority (in a hospital, children’s home, a police station etc. ), the punishment is greater; section 377 which relates to unnatural offences. This section is generally invoked when boy children are sexually abused; section 354 which deals with outraging the modesty of a woman or a girl and section 509, which relates to insulting the modesty of a woman. The ordinary criminal laws are totally inadequate to protect the children from sexual abuse. IPC does not recognize the term â€Å"child sexual abuse†. Firstly section 375 restricts itself to just penile penetration. Secondly it does not treat forced sexual intercourse by a husband against the wife (above 15 years) as an offence. Thirdly there is no statutory definition of modesty. It carries a weak penalty and is a compoundable offence. Moreover it does not address outraging the modesty of a male child. Fourthly sexual offences against men are covered under section 377 which does not cover the offence adequately. The term unnatural offence in not defined. It only applies to victims penetrated by their attacker’s sex act, and is not designed to criminalize sexual abuse of children . Lastly and most importantly IPC laws relating to sexual offences are not gender neutral. You read "Protection of Children from Sexual Offences: Law and Its Effectiveness" in category "Law" This is due to an age long myth that only females are sexually abused and only males are abusers leaving the female abusers out. But the 2007 Report has given a severe blow to this long standing myth which revealed that out of total child victims, 52. 94 percent were boy children. Yes! It’s shocking. Male children are equally vulnerable and a boy being raped does exist! Besides IPC, there are other legislations also. Obscenity and pornography are dealt under the Young persons (harmful publications) Act, 1956. A young person means a person under the age of 20 years. It is an offence to sell, let, hire, distribute or publically exhibit harmful publications. Other than this under section 67 of the Information Technology Act, 2000 publication and transmission of pornography through the internet is an offence. The Juvenile Justice Act, 2000 deals primarily with children in conflict with the law and their rehabilitation. It does not provide adequately for children in need or identify offences against child victims * In addition to children other than those who are abused within their family by their relatives or friends or by strangers at any public place, there are three organised form of sexual abuse of children which are globally prevelant and form a major percentage of sexually abused children. And these three forms are trafficking in human, child labour and child marriage. Human Trafficking as defined in the Un is  Ã¢â‚¬Å"the recruitment, transportation, transfer, harbouring or receipt of persons by means of the threat or use of force or other forms f coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of othe rs or other forms of sexual exploitation, forced labour or service, slavery or practices similar to slavery, servitude or the removal of organs. †Quoting from an article written by Havovi wadia â€Å"Among the Naths of Bihar, prostitution is a way of life. When a family doesn’t have a daughter, girls are purchased from other parts of the state and pushed into sex work so that the family can live off their earnings. † Children who work as domestic labour, or help in hotels and restaurants, are susceptible to sexual abuse at the hands of employers and customers. The Immoral Traffic (Prevention)Act protects children below the age of 16 from being used for the purposes of commercial sex. Immoral trafficking of children who generally leads to prostitution is one of the most heinous manifestations of violence against children. The US Department of State trafficking in Person report have placed India in Tier II watch list for a second consecutive year for having failed to combat human trafficking. A number of children go missing every year – some are sold by their families, some are kidnapped, others lured by the promise of a better life both for themselves and their kin. According to CRY (Child Rights and You). * 8,945 children go missing every year. * 500,000 children are estimated to be forced into the sex trade every year * Approximately 2 million child commercial sex workers are between the ages of 5 and 15 years * Approximately 3. million child commercial sex workers are between 15 and 18 years * Children form 40% of the total population of commercial sex workers * 80% of these children are found in the five metros – Delhi, Mumbai, Kolkata, Chennai and Bangalore * 71% of them are illiterate. Child marriage gives the abuser a societal passport to sexually abuse the child. Child marriage i s practiced globally but it is especially prevalent in India where more than one third of all child brides live. According to UNICEF, 47% of girls are married by 18 years of age, and 18% are married by 15 years of age. A study conducted in  India  by International research centre for women  showed that girls married before 18 years of age are twice as likely to be beaten, slapped, or threatened by their husbands  and three times more likely to experience sexual violence. ]  Young brides often show symptoms of sexual abuse and post traumatic stress. Though the Prohibition of Child Marriage Act, 2006 makes the practice of marrying girls under the age of 18 and boys under the age  of 21 punishable but its implementation has not been very effective. We can still find minor couple tying the knot on â€Å"Akkha teej†, a summer festival believed to be auspicious for wedding. This is gross violation of law. Many in urban slum areas get their children married young to protect them from sexual abuse. Once a girl attains puberty she begins to be seen as sexually available. For some parents marriage is the only way to ensure that the girl is ‘unavailable’ to others for abuse. The 2007 Report reveals the percentage of child sexual abuse is highest in work areas, which is 61. 61 percent. The Juvenile Justice Act, 2000 Section 26 (Exploitation of Juvenile or Child Employee) provides for punishment if a person procures a juvenile for hazardous employment. The Child Labour (Prohibition and Regulation Act) was enacted in 1986, to specifically address the situation of  children in labour. However, this law distinguishes between hazardous and non-hazardous forms of labour, and identifies certain processes and occupations from which children are prohibited from working. It leaves out a large range of activities that children are engaged in and are exploited and abused. The large-scale exploitation and abuse of children employed in domestic work and hotels are cases in point. The other abuse Child trafficking is one of the most heinous manifestations of violence against children. *PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012: ITS EFFECTIVENESS AND A CRITICAL ANALYSIS Now coming to the recent legislation which has addressed the various loop holes in the existing laws to a great extent is the Protection of children from sexual offences Act, 2012 . It’s a historic law . Though India became a signatory to the UN convention on the rights of the child back in 1992 but it took India twenty long years to enact a separate law dealing with the offences against children. The Act is headway stronger than all the earlier child sexual abuse laws. The Act, on the lines of the UN convention defines a child as any person below the age of 18 years and provides protection to all the children from the offences of sexual assault, sexual harassment and pornography. These offences have been clearly defined for the first time in law. Firstly it acknowledges and engages with sexual crimes of all kinds — real/virtual; penetrative/ non- penetrative; homosexual/ heterosexual/ bestial; verbal/ physical. This is a major improvement on the earlier situation, when child sexual abuse was clubbed with sexual abuse of adults. Secondly it acknowledges that sexual violations can be of various kinds and that in the case of children, the state must take a clear punitive stand on any kind of sexual violation. Thirdly  it is gender inclusive, accepting that the perpetrators as well as the victims may be either male or female. It is otherwise commonly assumed that sexual abuse can only be initiated by a male upon a female. Fourthly it lays down stringent punishments (up to life imprisonment) for a broad range of sexual crimes such as nonpenetrative sexual assault, sexual harassment, and the use of children for pornography. Fifthly the legislation is also marked by the introduction of special procedures to prevent the re-victimisation of children at the hands of an insensitive justice delivery system. These include measures for recording a child’s evidence, for protecting his or her identity and for providing children with assistance and expertise from professionals in the fields of psychology, social work and so on. Sixthly for speedy trials the Act has provided for the establishment of special courts and the evidence of the child to be recorded within a period of 30 days. Also, the Special Court is to complete the trial within a period of one year, as far as possible. And lastly giving due attention to vulnerability and innocence of children the Act has put the onus of innocence on the accused. The present act is certainly welcoming and addresses the sexual offences against children effectively and efficiently. The bill has taken a comprehensive view and has broadened the sphere of child sexual abuse. That said there is one provision of the Act which has sparked controversy and that is the â€Å"age of consent†. Eighteen has been kept the age of consent and any sexual activity between consenting adolescents would be considered criminal. People from different sections of the society and those working in the field of child rights have shown their disagreement with the view taken. Since this Act criminalises any sexual activity with persons under the age of 18 years (even if it is consensual), is said that the police may misuse it to harass the young ouples or parents may use this law to control olden children sexual behaviour. Additional sessions judge Kamini Lau,of a Delhi court ,while acquitting a youth of the charges of kidnapping and raping a 17-and-a-half-year-old girl, to whom he got married and is now having a child with, called the said provision of the Act of increasing the age of consent from 16 to18 to be â€Å"regressive† and â€Å"draconian†. The re marks were made while referring to the conditions in western countries where there are adequate safeguards for protection against sexual offences. No doubt, there is an urgent need to protect children from sexual offences, harassment and pornography but at the same time it is necessary to ensure a close-in-age reprieve and a lenient view in case of close-in-relationship as adopted by various western countries where there is no exploitative coercive situation including impersonation, fraud, fear, threat and false promises. The need is to correct this behaviour and not punish† she said. Flavia Agnes in Indianexpress said that the age of consent for sexual intercourse has always been contested. In 1860, 10 years was the stipulated minimum age. But the furore caused by the death of an 11-year-old girl at the hands of her 35-year-old husband through forcible penetration led to the raising of the age of consent to 12 years in 1892. Later, during the nationalist movement, when women’s groups entered the political arena, they highlighted the adverse effects of early pregnancy upon women’s health, and demanded that the age of consent to marriage and sexual intercourse be raised to 14 years. Then, the age was raised to 15 years in 1949, and later to 16 years. Consensual intercourse with a girl under this age was construed as â€Å"statutory rape†. But the provision made a concession to the husband, who was permitted to have sex with his wife if she was above the age of 15. This dichotomy and confusion persists as the age of marriage under the Hindu Marriage Act and the Prohibition of child marriage act is 18 years and 21 years for a female and a male respectively. The proposed bill aims to resolve this confusion by stipulating a uniform age for marriage as well as sex, and inadvertently contributes to a puritanical notion that marriage and sex are synonymous. Ms Taparia, founder of Mumbai-based organization â€Å"Arpan† which works in the field of child sexual abuse says â€Å"We need to treat the bracket of ages 16 to 18 differently. If a child is raped, then you bring it under the judicial purview, but if it’s consensual sex between two people who are both within the age bracket 16 to 18 years, then it shouldn’t be criminalized. Puberty is coming early†¦So it’s regressive to take the age of legal sex to 18 years†. *RESPONSIBILTY OF CHILD PROTECTION Children are vulnerable sections of the society which needs care and protection for their normal growth. Children are primarily considered to be the responsibility of their family. It’s true that there is no substitute of family’s love and care and their can’t be a better place for a child to live in but what if their own house turns out to be an exploitation camp? For the formation of a protective environment at macro level and for the proper enforcement of child laws it’s the collective responsibility of the family, community, civil society and the state. India has always been on a denial mode when it comes to incest. But the truth is rather shocking! A report from RAHI, a Delhi based NGO working with child sexual abuse titled ‘Voices from the Silent Zone’, suggests that nearly three-quarters of upper and middle class Indian women are abused by a family member — often an uncle, a cousin or an elder brother. The infamous Incest Mira Road case rocked the whole country. The girl victim said in her statement that â€Å"There were times when I had given up on life completely. When a child is in trouble, he first approaches her parents for help and protection, but who would protect me from my own father who had behaved like a beast? † Who is to look after children in such a situation? Family certainly is a stakeholder but they couldn’t and are not the only protectors. Children are â€Å"national asset† to this country and it’s the collective responsibility of the family, state, NGO’S, community and the civil society to protect them. A child that grows up protected from violence and abuse is more likely to grow up physically and mentally healthy, confident and self-respecting and less likely to abuse or exploit others. By contrast, when children are left unprotected and vulnerable to exploitation and abuse their childhood their rights are fundamentally undermined. It was pointed out in The Essentials of child protection that ensuring a protective environment is the responsibility the governments, international organisation, civil societies, families and individuals. A protected environment is one in which a child is assured of living in safety and with dignity. It is one that ensures that children are in school, laws are in place to punish those who exploit children, governments are truly committed to protection, communities are aware of the risks that children faces, civil society addresses certain â€Å"taboo† issues and monitoring is in place to identify children who are at risk of exploitation. Children will never be free from exploitation until all levels of the society from the family to the international community work together. *PRESENT LEGAL SYSTEM AND THE RIGHTS OF THE CHILDREN: COMMISSIONS, POLICIES AND PROGRAMMES The UN convention on the rights of the child has provided for four basic rights to every child and these are survival, development, protection and participation. India is a signatory to this convention. To fulfil its commitment we have already mentioned the various legislations that have been enacted to protect the child rights. Other than that to facilitate the laws made, several policies have been enacted. The National policy for children was enacted in 1924. The National charter for children was adopted in 2003. This charter consists of the inherent rights of a child and that the state is duty bound to provide the same. Among other rights it includes protection from economic exploitation and all forms of abuse. Several Ministries and Departments of the Government of India are implementing various schemes and programmes for the benefit of children. Integrated child development service scheme is one such scheme that has taken various other governmental schemes under its purview. Government of India has also set up the childline India foundation, an organization to provide assistance to children. It has a toll free number on which anybody can seek help in the interest of the child. An important step has been taken by the govt with the establishment of National commission for protection of child rights under the commission of the protection of child rights Act, 2005. t is an important step because the Commission’s Mandate is to ensure that all Laws, Policies, Programmes, and Administrative Mechanisms are in consonance with the Child Rights perspective as enshrined in the Constitution of India and also the UN Convention on the Rights of the Child. It also provides for the establishment of state commission for the protection of child rights. It mainly aims to decentralize the commission at district and state level so that gra ss root problems can be addressed effectively. NEEDED REFORMS IN THE LEGISLATIVE FRAMEWORK, GROUND WORK AND OUR ATTITUDE TOWARDS CHILDREN *Governmental commitment towards child protection: The Government has got a very crucial role to play in the creation of protective environment for children by the formulation of effective policies, strong legal framework and programming and allocation of adequate resources to the programme. An exercise of budgeting conducted by Ministry of Women and child Development, revealed that the share of the union budget for children in 2006-2007 was 4. 91%, of this the share of child protection was 0. 34%. According to 2001 census, children constitute 42% of India’s population which is a huge population to look after. And with number they certainly deserve more space and attention in the annual budget. At the programmatic level, the existing mechanism for child protection in India is primarily based on several small schemes implemented by different ministries and department. The need is to centralize these schemes under a single programme which specifically addresses child protection rights. Setting up laws is not enough. Implementation has always been a problem in India. The concerned ministry must ensure that laws are being followed. *Attitude and Practices: It must be ensured that we are living in a society that does not facilitate exploitation. Such as even after strict prohibition laws we still see and read about child marriage, devdasis still exist in many parts of the country, female genital mutilation for the misunderstood religious beliefs, Myths such as sexual intercourse with children cures sexually transmitted diseases (this is rampant in Africa). society must be freed from such practices to create a child friendly environment. Open discussion including civil society and child participation: There should be open discussion about sexuality and some basic sex education must be added to the curriculum in schools. Very often children do not even realize that they are being abused. The children must be taught to break the silence and this can be done only by confidence building. The National commission for the protection of child rights has pro vided for state commissions. Till now 15 states have establish the commissions in their states. This should be followed in rest of the sates also. There should be further decentralization at the district and block level. The commission has also stresses on the participation of children. Children are less vulnerable to abuse when they know their rights are not to be exploited and when they know the services available to protect them. In Brazil, the street children have found in the National movement of street boys and girls, a space for participation that has permitted them to become aware of their rights and a platform to fight for their rights. Consulting children can be of immense help to policy makers and planners. In Bangladesh, to develop a national plan of action against sexual abuse and exploitation several children such as those involved in sex work were consulted. Most of the children’s recommendation were included in the National plan of 2002 a ‘child task force’ is also established as a part of monitoring and implementation of the plan. Youth parliaments both at the national and the state level should be established and this should be extended to street children also other than school going children. If not government than this can also be organized by NGO’S. let their voices be heard. It would give them a common platform to discuss their grievances and other issues. Capacity of families and communities:  All those who interact with children—parents, teachers, religious leaders alike – should observe protective child-rearing practices and have the knowledge, skills, motivation and support to recognize and respond to exploitation and abuse. As pointed out in Report 2007 parents do not speak to children about sexuality as well as physical and emotional changes that take place during their growing years. As a result of this, all forms of sexual abuse that a child faces do not get reported to anyone. It was pointed out in the Report 2007 that the girl, whose mother has not spoken to her even about a basic issue like menstruation, is unable to tell her mother about the uncle or neighbour who has made sexual advances towards her. This silence encourages the abuser so that he is emboldened to continue the abuse and to press his advantage to subject the child to more severe forms of sexual abuse. Parents should create friendly relations with their child and tell them about their sexual organs slowly. Children should be told about â€Å"safe and unsafe touch†. Parents should have an â€Å"I believe you† approach and must not blame the children for the abuse. IT’S NOT THEIR FAULT! Schools can play an important role here. Annual workshops on child protection should be conducted in schools. Every school should also have a grievance cell where child counselling can be done. Monitoring, reporting and oversight:  There should be monitoring, transparent reporting and oversight of abuses and exploitation. As per Report 2007, only 3. 4 percent of children were found to have reported to the police. Almost 12 percent told their parents where as 72. 1 percent of children kept quiet. Parents, individuals, friends and neighbour should always report the matter to the police or should at least seek help from any concerned Ngo’s. Any silence will only encourage the abuse. CONCLUSION Children while constituting 40% of our population are â€Å"national asset†. Their development, protection and safety are not only our responsibility but is essential for the country’s growth as a whole. As we said in the beginning of the essay, it’s just not the child but entire childhood gets raped. Most of children get raped even before they get to know that there is something called â€Å"rape†, â€Å"abuse†, or â€Å"sexual assault†. In fact the whole society gets raped. There cannot be anything more heinous than sexually targeting the vulnerable children who are absolutely unaware of the perverted thoughts prevailing around them. All the malpractices associated with the children should be seriously looked upon and we need to be more sensitive towards children. Protecting children is our collective responsibility. Moreover it’s high time we replace the word â€Å"vulnerable† with â€Å"empowered†. Our policies should be based on empowering the children. It’s their right to have a happy and save childhood. Legislature should make strict and effective laws. The present Protection of children from sexual offences Act, 2012 is certainly the strongest and most effective so far. The government must see that the implementation machinery is working effectively. The various NGO’S working for the child rights should keep a check on the implementation process. This is what they can do. Reporting the matter to the police or to any concerned authority, looking after the child and breaking the wall of â€Å"silence† is our responsibility. Give the children what is theirs. All they are asking for is a happy and a safe childhood! ————————————————————————————————————– Submission by- Name: Swati Ghildiyal Course: LLB, 2nd year College : Campus law centre, Faculty of law, Delhi University. ——————————————– [ 1 ]. wcd. nic. in/childabuse. pdf [ 2 ]. ibid [ 3 ]. The Convention on the Rights of the Child, 1989 is the first legally binding international instrument to incorporate the full range of human rights—civil, cultural, economic, political and social rights. It stresses on special care and protection of children worldwide. 4 ]. http://infochangeindia. org/children/analysis/the-sounds-of-silence-child-sexual-abuse-in-india. html [ 5 ]. http://www. state. gov/documents/organization/47255. pdf [ 6 ]. http://america. cry. org/site/know_us/cry_america_and_child_rights/statistics_underprivileged_chi. html [ 7 ]. http://www. theelders. org/docs/child-marriage-factsheet. pdf [ 8 ]. http://www. unicef. org/infobycountry/india_statistics. html [ 9 ]. United States Agency for International Development, 2007, †Å"New Insights on Preventing Child Marriage: A Global Analysis of Factors and Programs,† pg. 9 [ 10 ]. http://www. icrw. rg/child-marriage-facts-and-figures [ 11 ]. A lawyer and director of â€Å"Majlis†http://www. majlisbombay. org [ 12 ]. http://www. indianexpress. com/news/consent-and-controversy/948277/ [ 13 ]. http://www. arpan. org. in/ [ 14 ]. http://www. rahifoundation. org/home. html [ 15 ]. http://articles. timesofindia. indiatimes. com/2009-03-21/mumbai/28047758_1_tantrik-hasmukh-rathod-girl [ 16 ]. http://www. childlineindia. org. in/pdf/Essentials-of-child-protection-Oct%2008. pdf [ 17 ]. http://wcd. nic. in/childabuse. pdf [ 18 ]. Child and the Law, by Laxmidhar chouhan, 2008 edition, page no. 48 and 53. How to cite Protection of Children from Sexual Offences: Law and Its Effectiveness, Essays