Asian American Stereotypes Essay -- essays research papers

Relating to Tracy Lai’s article named, â€Å"Asian American Women†, Lai examines how generalizations dehumanize individuals while transforming them into articles to be controlled. Lai addresses the subject of how Asian individuals and societies are generalized as being substandard and colorful. The issue that Lai brings to our consideration is that it is a battle to be an Asian in America because of the way that Asians have been denied political, financial and social balance in America. Lai moreover draws out into the open the fanatic fantasy that Asians have made it in America, which is a long way from reality. I sense that Lai’s contention is incredibly compelling because of the way that generalizations are not just observed among Asians, they are additionally observed in numerous other societies and sexes. For example, ladies for quite a long time were fighting for woman’s balance to have the option to cast a ballot, and today ladies are as yet doing combating for correspondence in political furthermore, financial regions. Also, African American’s are as yet attempting to be acknowledged into certain political jobs all through our general public. Since Tracy Lai is an Asian in America I feel that her contention holds incredible legitimacy because of the way that Lai shared her very own encounters. By perusing Lai’s individual emotions, it permitted me to comprehend her convictions undeniably in light of the fact that I had the option to see where she was originating from. Unquestionably I concur with Lai’s sees since I have seen that Asians are delineated as being mediocre. For instance, on the off chance that you have ever observed a film or a network show that...

Gender and contemporary art Essay Example | Topics and Well Written Essays - 1500 words

Sex and contemporary workmanship - Essay Example The paper Sexual orientation and contemporary workmanship finds the sex with regards to contemporary craftsmanship. On the off chance that one focuses on the recorded advancement of workmanship, it is conceivable to see that sex pays noteworthy job in artistic creations, mold and different sorts of craftsmanship. For instance, in medieval workmanship male and female bare figures had uncommon sense, and our view of these artful culminations happens through the sex acknowledgment. Male bare figures were related with heroics, family fathers and frequently - with genuine recorded characters: â€Å"The thought of the gallant male bare proceeded with well into the nineteenth century; here Napoleon, who surely wore an astonishing uniform on the field of fight, is etched like a bare Greek god. Die the idea that his bareness has any sexual resonance†. ). Bare female figures were related distinctively in various occasions and ages: they were images of sexual want, fruitfulness, parentho od, family, etc . Along these lines, sexual orientation assumes critical job in specialty of every single authentic period, and our time isn't exemption starting here of view. What is the job and setting of sexual orientation in contemporary craftsmanship? This paper will clarify the appropriate response in the following parts. . There is a thought and supposition that the job of sexual orientation in contemporary craftsmanship is significant and noteworthy, and individuals frequently view present day workmanship magnum opuses with sex thought acknowledgment. This thought is intriguing and questionable. It is progressively significant in this age of various assortments of contemporary artistic expressions and various approaches.... Numerous individuals accept that there are no sex contrasts in contemporary craftsmanship, and that the sex thought in workmanship is increasingly inborn for old and medieval workmanship, yet these individuals disregard the way that in numerous cutting edge craftsmanship perfect works of art this thought is somewhat apparent, and we as people can't overlook the sex thought in such critical sort of our action as craftsmanship. Besides, there are some craftsmanship branches today which give suitable consideration to the sexual orientation contrasts or in opposite the sex likenesses, and numerous craftsmen underline these thoughts in their show-stoppers. In this exposition, I will contend that the job of sexual orientation in contemporary workmanship is significant and noteworthy. Sexual orientation setting of contemporary craftsmanship, just as sex contrasts in contemporary specialty of certain locales will be likewise talked about. 3. Today the sexual orientation setting of contemporary craftsmanship is under impact of women's activist way to deal with workmanship. Innovation in contemporary workmanship accept that a craftsman utilizes opportunity in their imaginative analyses, however female craftsmen today are not slanted to underline their female character in visual craftsmanship: Despite the fact that innovation appeared to offer specialists more opportunity and self-rule, for ladies craftsmen this implied the disavowal of their sex personality though the entire history of innovator workmanship can be deciphered as the glorification of male innovativeness and sexuality (Kivimaa K., 2000). Numerous specialists today affirm that there is male workmanship and female craftsmanship. In other hand, there is a propensity of unisex in contemporary workmanship. In this kind of craftsmanship sexual orientation characteristics are blended, and ladies and men are shown in bizarre jobs: The guideline of mimesis could be a successful apparatus for sabotaging different sorts of generalizations, and it is

Pain Management Interventions and Chronic Pain Disorders

Torment Management Interventions and Chronic Pain Disorders Presentation This exposition will recognize the issue of how ineffectively tended to intense torment in hospitalized patients may prompt constant torment issue, fundamentally think about and examine a scope of torment evaluation devices alluding to contemporary research writing and practice rules for patients who can self depict their torment and who can't self portray their agony because of verbal correspondence boundaries, basic ailment or ridiculousness/dementia. Primary Body As per the International Association for the Study of Pain, torment is a disagreeable tangible and passionate experience emerging from genuine or potential tissue harm. The accentuation of this definition is both the tangible and enthusiastic experience of a person in torment. As indicated by Tsui, Chen Ng (2010, p.20.), Pain can be passionate, conduct, sociocultural and profound. The show of agony is multidimensional. Accordingly, in the evaluation of agony, not just a general rule for a speedy survey is required, yet in addition a particular instrument to assist the experts with having an increasingly exact appraisal of the experience of torment from a multidimensional point of view. Clinically, â€Å"Pain is whatever the encountering individual says it is, existing at whatever point he/she says it does† (McCaffery, 1968). The transient profile grouping is most ordinarily used to order pain.This wide characterization of agony span is regularly used to all the more likely comprehend the biopsychosocial perspectives that might be significant when directing evaluation and treatment. For instance, ordinarily interminable agony is an aftereffect of uncertain intense torment scenes, bringing about aggregate biopsychosocial impacts, for example, delayed physical reconditioning, tension, and stress. Clearly this sort of time categorisation data can be very useful in guiding explicit treatment ways to deal with the kind of torment that is being assessed (Gatchel Oordt, 2003). Intense agony is generally characteristic of tissue harm and is portrayed by flashing extraordinary poisonous sensations (i.e., nociception). It fills in as a significant natural sign of potential tissue/physical mischief. Some tension may at first be accelerated, however delayed physical and enthusiastic pain for the most part isn't. Surely, tension, if mellow, can be very versatile in that it invigorates practices required for recuperation, for example, the looking for of clinical consideration, rest, and expulsion from the conceivably hurtful circumstance. As the nociception diminishes, intense torment normally dies down. In contrast to intense agony, incessant torment perseveres. Ceaseless torment is customarily characterized as torment that endures a half year or more, well past the ordinary recuperating period one would expect for its defensive natural capacity. Joint pain, back wounds, and disease can create interminable torment conditions and, as the torment endures, it is fr equently joined by enthusiastic misery, for example, gloom, outrage, and disappointment. Such agony can likewise frequently essentially meddle with exercises of every day living. There is considerably more medicinal services use trying to discover some alleviation from the torment side effects, and the agony tends to turn into a distraction of a people ordinary living. Evaluation of a patient’s experience of agony is a pivotal segment in giving compelling torment the board. An efficient procedure of agony appraisal, estimation and re-appraisal (re-assessment), upgrades the human services teams’ capacity to accomplish: expanded fulfillment with torment the board. As indicated by Buckley (2000) medical caretakers are the essential gathering of social insurance experts answerable for the progressing evaluation and checking of patients to guarantee that agony is adequately and properly oversaw and that patients and families are educated regarding the outcomes of intense torment. Evaluation of torment can be a basic and clear undertaking when managing intense torment and agony as a side effect of injury or ailment. Appraisal of area and force of agony frequently suf㠯⠬⠁ces in clinical practice. In any case, other significant parts of intense agony, notwithstanding torment power very still, should be de㠯⠬⠁ned and estimated when clinical preliminaries of intense torment treatment are arranged. If not, pointless information and bogus ends may result. The 5 key segments: Words, Intensity, Location, Duration, Aggravating elements torment appraisal are fused into the procedure. Target information are gathered by utilizing one of the agony appraisal instruments which are speci㠯⠬⠁c to exceptional kinds of torment. The principle issues in picking the apparatus are its dependability and its legitimacy. Besides, the apparatus must be clear and, hence, effectively comprehended by the customer, and require little exertion from the customer and the medical caretaker. As per Husband (2001) to gauge the torment seriousness or force, a few scales can be utilized, for example, a numeric rating scale (NRS), the visual simple scale (VAS), perception scales with markers of torment, and even imaginative delineations of torment power with scale utilizing a torment thermometer. The numeric rating scale permits patients to rate their torment on and 11-point size of 0 (no torment) to 10 (most noticeably terrible agony possible). Most of patients, much more seasoned grown-ups can utilize this scale. The thermometer scale might be helpful in the older, as indicated by Rakel and Herr (2004). It shows an image of a thermometer organized on a foundation with a vertical word scale. At long last categoric scales utilize verbal descriptors to evaluate the degree of agony and those scales have been approved and are viewed as dependable. Agony evaluation in more seasoned grown-ups can be testing and extremely troublesome in certain circumstances (Rakel Herr, 2004). At the point when the patient can't report his/her emotional torment understanding, intermediary estimations of agony must be utilized, for example, torment practices and responses that may demonstrate that the individual is enduring agonizing encounters. Other than correspondence dif㠯⠬⠁culties brought about by language issues, patients in the boundaries old enough, and basically sick patients in the serious consideration setting, are basic evaluation issues. More established patients may want to utilize substitute intends to communicate their torment using word descriptors that best describe the torment, for example, throbbing, harming, and irritation (Herr Garand, 2001). The most significant parts of torment appraisal in more established grown-ups are customary assessable, normalized apparatuses, and reliable documentation (Horgas, 2003). Agony evaluation may likewise be confused by diminishes in hearing and visual sharpness, so apparatuses that require broad clarification or perception to perform will be progressively troublesome and conceivably less solid. The verbal descriptor scale might be the least demanding instrument for the old to utilize. This measure permits patients to depict what they are feeling with normal words instead of changing over how they feel to a number, facial portrayal, or a point some place on a straight line. An observational evaluation of torment conduct might be increasingly suitable for individuals with serious psychological impedance, for instance, the Abbey torment scale. Recognizing torment in the intellectually disabled more established grown-up relies vigorously upon realizing the patient and focusing on slight cha nges in conduct (Soscia, 2003). A fascinating veiw was communicated that medical attendants may need information and have mentalities and practices toward torment the board that may bargain torment the board for more seasoned patients ( Yates et al., 2002, p.403). End Taking everything into account, References American Geriatric Society Panel on Chronic Pain in Older Persons (2002). The administration of industrious torment in more seasoned people: AGS board on diligent agony in more seasoned persons.Journal of the American Geriatrics Society, 6(50), supplement 205-224. Horgas, A.L. (2003). Torment the board in old adults.Journal of Infusion Nursing, 26,161-165. Soscia, J. (2003). Evaluating torment in subjectively debilitated more seasoned grown-ups with cancer.Clinical Journal of Oncology Nursing, 7, 174-177 Drayer, R. A., Henderson, J., Reidenberg, M. (1999). Boundaries to Better Pain Control in Hospitalized Patients. Diary of Pain and Symptom Management, 17(6), 434-440. Yates, P. M., Edwards, H. E., Nash, R. E., Walsh, A. M., Fentiman, B. J., Skerman, H. M., Najman, J. M. (2002). Boundaries to Effective Cancer Pain Management: A Survey of Hospitalized Cancer Patients in Australia. Diary of Pain and Symptom Management, 23(5), 393-405. 1

Whispered Good Earth Essay Topics Secrets

Whispered Good Earth Essay Topics Secrets Using the Good Earth Essay Topics Construction plans must incorporate an environment-section. During the drought, the family is made to go South as a way to survive. There are several simple ways to help save the Earth. Remember your final grade significantly is dependent upon the topic. Ideas, Formulas and Shortcuts for the Good Earth Essay Topics The thesis gives you a guideline on the best way to go about with writing the essay. Students need to be careful about posting on social networking. They often find that most of their work on these essays is done before they even start writing. Previously called Kingsoft Office. Cell phone use and texting allow it to be tough to concentrate. Quite frequently, the ideal topic is one which you truly care about, but you also will need to get ready to research it. Due to this, many disagree on the way the laws should change (if they need to change at all) and there are numerous topics to pick from. Keep away from outdated sources and internet Encyclopedia like Wikipedia. Choosing The Good Earth Essay Topics Is Simple The introduction should offer general information which will be included in the report. Following are several types of essay topics for students that are categorized in many sections so you can easily chose the topic depending on your need and requirement. To defend your subject, you can recall the effect of overloaded schedule on college grades. The aim of this project is to encourage individuals to reside in a wholesome environment. As a college or university student, you'll need to write quite a few presentations in the span of acquiring your degree. The very first step is where a large number of students become stuck. A paper is always simpler to write if you're interested in this issue, and you'll be more motivated to do in-depth research and compose a paper that genuinely covers the full subject. If your work isn't structured correctly, you might wind up getting a very low grade even if your paper is great. Even if a specific research paper topic is getting plenty of buzz at the moment or other men and women seem interested in writing about it, don't feel tempted to make it your topic if you don't genuinely have some kind of interest in it also. Besides taking a look at sample papers and examples, you may also ask your teacher if you don't know how to structure your paper. The difference between the rural region and the urban area is quite wide. Folks should limit using electricity to defend the environment from global warming and lessen the use of fossil fuels. They should get more and more trees to obtain adequate oxygen and reduce the effects of air pollution and global warming. They should adopt a habit of reproduction of objects for the reduction of the habit of the use of harmful substances, as well as to reduce the amount of wastes. Rural development is the principal cause of wildfires and extensive damage in the previous decades. The structure is everything when it has to do with a science paper. The negative facets of a polluted atmosphere. Social science studies different facets of human interaction, for instance, crime prevention. The War Against the Good Earth Essay Topics The big distinction is that the argumentative essay should demonstrate a discussion rather than a single opinion. Social science essays provide you with an opportunity to present your opinion and speak up. Argumentative essay topics are so important since they are debatableand it's essential to at all times be critically considering the world around us. The truly amazing thing about science is there are so many topics you may write about regardless of which course you're taking. When it has to do with writing an argumentative essay, the main matter to do is to select a topic and an argument that you may really get behind. You may also restate the ideas you have discussed in the body paragraphs in order to make your point valid. The issue is that everybody's interpretation of what makes a great society differs. You've got to wall the skunkworks off from the remaining corporate bureaucracy.

Antitrust Law And Economics Of Product Distribution

Introduction This Literature review explains if a franchise is high or low risk way of entering into a market. It also explains whether a franchisee is suited for a certain franchise. Franchises can be seen all over the world, with everyone being introduced to them, as consumers, from a young age (Longenecker et al., 2011). Thomas and Seid (2000) agree with this and believes due to it, people think they understand a lot more about a franchise than they actually do, creating myths about the rate of success and the ease of entry. Antitrust Law and Economics of Product Distribution (2006, p.5) defines a franchise in a 3 part way as, â€Å"(1) a franchisee (a) offers, sells or distributes a franchisor’s goods or services, which are identified by†¦show more content†¦Many years later, franchising became more entrenched in the UK with the advent of the tied pub system. Following the introduction of legislation making it very expensive to keep and maintain a public house in the 18th ce ntury, licensees began to struggle to operate successfully. Recognising that it was in their interests to have a secure and stable market for their products, brewers began to offer publicans the opportunity of financial support in return for exclusivity over what was sold in the pub. Thus a familiar system, that remains widely-used in the licensed trade today, was born.† (Thebfa.org, 2015) Types of Franchises There are three types of franchises; these are business format franchises, product franchise and manufacturing franchises (Referenceforbusiness.com, 2015). Business Format Franchise Business Format Franchises are the most common out of the three, this franchise gives the right for entrepreneurs to use their name and product. The franchisee usually benefits from the assistance given by the franchisor, but has to pay fees and royalties over the franchise contract. The most noticeable example of this type of franchise is McDonalds, which is one of the most successful companies in the world (Referenceforbusiness.com, 2015). Product Franchise In this kind of franchise theShow MoreRelatedThe Decision For Us Federal Antitrust Law1630 Words   |  7 Pagesminimum retail price for its product? Secondly, what are the consequences for consumer welfare, if the manufacturer succeeds in maintaining a higher retail price?. The first part of this paper attempts to answer these questions whilst deliberating on the majority and minority judgements of the US Supreme Court in Leegin and the significance of the decision for US federal antitrust law. The second part of this paper compares the US Federal and EU approaches to RPM. Several economic theories postulate enhancedRead MoreAnalysis of Microsofts Monopolistic Behavior1127 Words   |  4 Pagespartners laptops, PCs and server systems (Meese, 1999) Microsoft is considered to be the most advanced and sophisticated in how to gain advantages from monopolistic behavior. The intent of this analysis is to evaluate why Microsoft was investigated for antitrust behavior, and assess if they are trying to gain monopolistic power in the computer software industry. Also included is an assessment of whether monopolies are always bad or not, including an example of how one attempt by Microsoft to create a monopolyRead MoreWhy Has the Power of the Federal Government Expanded. Essay655 Words   |  3 Pageshad to enforce its power over the states to control issues such segregation, racism and regulating states powers over the rights of citizens. The government that was established to protect the rights of it citizens now had to look out for its economic welfare. Eventually this led the way for interest groups such as union veterans to tap into the federal treasury. The government now needed means to obtain funds for it limited treasury. Different commissions were developed to regulate aspectsRead MoreMKC1 Sample quiz 1 answers1132 Words   |  5 Pagesexample of which of the following positioning strategies? A. Product class B. Product users C. Price/quality D. Attributes 5. Marketers applying a positioning strategy want to: A. Make their product look as much as the market leader as possible B. Emphasize a product’s unique advantages and differentiate it from competitor’s options C. Make sure they clearly outline the product’s possible applications D. Talk to specific, know users of the product 6. A positioning map: A. Is used primarily by companiesRead MoreAntitrust Law2734 Words   |  11 Pages| ANTITRUST LAW | | Name -Manpreet Kaur [Date] | â€Å"The mission of the Antitrust Division is to promote economic competition through enforcing and providing guidance on antitrust laws and principles†. Antitrust laws have been developed to create the strong foundation of a free amp; open market of a vibrant economy. Market is so competitive now a days, there are so many options available for products amp; services, which is the result of antitrust laws. Antitrust is developed to helpRead MoreMicrosoft: on Anti-Trust and Monopolies1278 Words   |  6 Pages1936. These antitrust laws prohibit agreements in restraint of trade, monopolization and attempted monopolization, anticompetitive mergers and tie-in schemes, and, in some circumstances, price discrimination in the sale of commodities. Thus, the goals of a free market controlled by individual choice and individual action were codified. Monopolies, cartels and discrimination were outlawed. Truly free markets mean more competition, more goods, more choices, lower prices and enhanced product qualityRead MoreThe Roaring Twenties1460 Words   |  6 PagesProhibition Laws, and the appearance of new money against the old, changed America like no other other decade in Americas history specifically in the culture, society, and fashion. In the nineteen twenties people began to conform to society. America was changing drastically. Before the twenties America was going through the Progressive Era. The Progressive Era was a period of reform. Monopolies were still highly common even with the Sherman Antitrust Act. According to the Cornell University Law SchoolRead MoreWhy Monopoly Is Monopoly?1741 Words   |  7 Pagesposition in the tying product market. For instance, if a monopolist in a primary market is also a market participant in a secondary market of a complementary product. And if the monopolist fears that a competitor in the secondary market might try and enter the primary market and disrupt his monopoly profits, the monopolist might try and tie the primary product with the complementary product in the secondary market. Therefore, by selling only selling the primary and secondary product together, the monopolistRead MoreMixed Economic Systems760 Words   |  4 PagesEconomic system of a country Identify and evaluate the economic system that Malaysia is adopting. Discuss the rationale of Malaysia’s economic system in terms of utility maximisation and pricing mechanism for distribution of goods and services. An economic system is the combination of the various agencies, and entities that provide the economic structure that defines the social community. Malaysia has adopting mixed economic systems. Mixed economic system is an economy where there is moreRead MoreIs Microsoft a Monopoly?1167 Words   |  5 Pagespower, this is why they were investigated for anti-competitive activities. To regulate corporations, the federal and state governments put in place antitrust laws. These laws helped to keep companies from becoming to large to prevent monopolies and these laws encourage competition. Microsoft Corporation was investigated for breaking such laws, trying to monopolize and competed to be dominate the web browser marketplace. As Gilbert stated, â€Å"Microsoft engaged in anticompetitive conduct designed

Human Trafficking in the United States - 2403 Words

Human Trafficking The United States has always been known for sticking their nose in places where it does not belong. America has been part of wars that could have been avoided, scandals that had nothing to do with the United States. Millions of lives over the years could have been spared if America would have just simply stayed where they belong. What if though, America feels like they have to get involved in forging affairs if they think it can cause or is causing a problem on American soil or with the Americans themselves? Human trafficking is issues that most people do not necessarily knows about or even really think about. There are several different types of human trafficking and smuggling crimes that are in todays society. The number one kind of human trafficking is sex trafficking. The handlers usually kidnap someone, ninety percent of the time, a girl under the age of eighteen, and sell them to different people all over the world for sexual reasons. The girls they kidnap and sell can be from the area or just passing through and get in the wrong place at the wrong time. Forced labor is the second most common type of human trafficking in the world. This is where a person takes advantage of a worker and changes labor laws to make them work longer hours or harder, more tiring jobs with very little pay. Victims of forced labor most of the time do not even know what is happening to them. Most of the people that get sucked into the forced labor trade are very vulnerable;Show MoreRelatedHuman Trafficking And The United States1066 Words   |  5 PagesHuman trafficking has always been a though subject. Most Americans prefer to believe that this is a problem of the past, that it simply does not occur anymore. Others accept the fact that human trafficking exist, but in a far away reality, an incident homed only in poor, third world countries. This couldn’t be farther away from the truth. Human trafficking is a real and current problem in the United States, California being a hotspot for this issue, and with the Super Bowl in 2016 the problem willRead MoreHuman Trafficking And The United States1417 Words   |  6 PagesEach year about 17,500 individuals are brought into the United States and become victims of human trafficking. Every country has this problem and it has become the 3rd largest illegal industry worldwide. Human Trafficking is the trade of humans mainly for sexual slavery, but also forced labor and commercial sexual exploitation for the trafficker and sometimes others who take part in this act. Human trafficking is also used for organs or tissues, including surrogacy, ova removal, or making theseRead MoreHuman Trafficking And The United States962 Words   |  4 Pagestakes for cases to be prosecuted and to gain protections is very extensive. Intensifying the existing laws to better defend human trafficking victims is critical.The United States Government, in 2000, certified the Victims of Trafficking and Violence Protection Act. This act helps prosecute traffickers and support victims. Since then the number of recognized victims of trafficking has risen as well as trials and social service providers working with survivors. Because of this it gives researchers anRead MoreHuman Trafficking And The United States Essay1585 Words   |  7 PagesLooking the other way while close to 50% of the human trafficking in the United States end up in prostitution, what is going on in these states. The over sexed country does not help to stop it when we constantly promote sex in almost every aspect of life. People are losing their life to find a way to get to the United States through different forms of smuggling. Are these the people that we should be letting get in this country? Right under our nose the women, girls are being coerced into prostitutionRead MoreHuman Trafficking : The United States1740 Words   |  7 PagesHUMAN TRAFFICKING IN THE UNITED STATES: WHY SOME STATES HAVE MORE HUMAN TRAFFICKING CALLS THAN OTHERS INTRODUCTION Human trafficking is a growing endemic affecting an estimated 35.8 million men, women, and children around the world annually, as reported by the Global Slavery Index (GSI). The United States is not immune to this problem and has successfully identified 21,434 cases of human trafficking through the National Human Trafficking Resource Center Hotline since 2007. As with crimes of thisRead MoreHuman Trafficking : The United States1250 Words   |  5 Pagessomeone talks about child trafficking? Do you think of children from third world countries being kidnapped or sold into the black market of human trafficking? Most of us probably think of human trafficking as being an issue that poor countries just have but, that isn’t the case. Human trafficking is alive and sadly thriving in the United States. According to Trafficking Source Center, 5,544 cases of human trafficking were reported in the United States in 2015. With human trafficking being around for soRead MoreHuman Trafficki ng And The United States Essay751 Words   |  4 PagesFACT SHEET Human trafficking in the United States Human trafficking, also known as trafficking in persons or modern day slavery, is an affront to the most basic of human freedoms. Human trafficking is a crime that strikes at the very heart of the American promise: freedom. In response to this abhorrent crime, government agencies and nongovernmental organizations have formed strong and growing partnerships aimed at ending this violation of fundamental civil rights and human dignity. 1. WhatRead MoreHuman Trafficking in the United States1603 Words   |  6 Pagesother countries to people in the United States. 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What these individuals do not realizeRead MoreHuman Trafficking And The United States1230 Words   |  5 Pagesaround 15,000 are trafficked in the United States. Half of those are children. Not all cases are reported, and there are few victims rescued in comparison to the millions that are still helpless each and every year. Human trafficking is an epidemic all across the world and many countries are doing all they can to stop it. But what about the United States; what are we doing to stop it and is what we’re doing enough? What is human trafficking? It is defined by the United Nations as â€Å"the recruitment, transportation

Common Law and Legislation Stated

Question: Discuss about the Common Law and Legislation Stated. Answer: Introduction: In Australia, both common law and legislation stated the rights of patients for receiving the health care from doctors, hospitals and other institutions that are providing health care. There are three types of rights which are given to the patients: Patient has right to get medical treatment with reasonable care and skill from the health care provider. Patient has right to decide whether he want to undergo for the medical treatment or not after receiving the information related to medical treatment and risk involved in that treatment. Right to keep the information confidential that is related to medical treatment[1]. In this paper we discuss the accuracy of the statement that is using the law to successfully gain access to medical treatment is limited and typically likely to be unproductive, and also any law related to medical treatment stated by common law or human right commission in Australia. Health care in Australia: In Australia, there are number of peoples who get benefit from the policy of medical treatment, and it is the right of the patients to get medical treatment. It is the duty and obligation of medical practitioners to ensure that rights of patients are upheld. There are large numbers of people who get affected because of absence of medical treatment. According to the report of world health organization Australia has the highest error related to medical treatment in the world, and following data is presented in the report: In Australia, almost 18000 people die because of the medical negligence. Almost 50000 people suffered medical injury which is permanent in nature because of the medical negligence in Australia. Due to medication errors almost 80000 people get hospitalized annually[2]. However it is important to know that not all the medical errors are negligent, and patient cannot sue for compensation just because outcome of his treatment was not good. A medical error is considered as medical negligence only when health care practitioner is failed to take reasonable care. We can understand this with the help of case law that is Bolam v Friern Hospital Management Committee [1957]. In this case, Mr. Bolam sued Friern Hospital committee for compensation for not providing the information related to treatment and being negligible. This case lays down the rule that is known as the Bolam test to determine the proper standards of reasonable care in negligence cases related to skilled professionals. This rule stated that if doctor reaches the standard of responsible body of medical opinion then he is not negligent in the case. Common law in Australia provide many laws related to rights of patients such as Consent to Medical Treatment and Palliative Care Act 1995, rights of people with mental incapacity is regulated by Guardianship and Administration Act 1993. On the other hand, government of Australia also issued Australian Charter of Health Care Rights. This charter is issued by the commission in 2007-2008. The development of this charter was done with care and after consulting the rights of patients related to health care services. This charter is introduced by the ministers of health as the Australian Charter of Healthcare Rights in July 2008, and it is used across the country. This charter is applicable in all the public and private hospitals of Australia, general practice conducted in Australia, and other community environments. The main purpose of this charter is to make the common understanding of the rights of people related to receive health care to the patients and their families, consumers, care rs and service providers[3]. Following are the rights available to patients in Australia: Right to get basic health care Service and Medicare- according to the human right commission in Australia, Medicare organizations are obliged to provide free and subsidized health care to a patient, and this health care includes treatment provided by practitioners, dentists, and allied health practitioners in some specific situations. These facilities are available only for those people who reside permanently in Australia, citizens of Australia and New Zealand, holders of permanent visa, and in some situations people who applied for permanent residence visas. It is the general duty of hospitals to provide medical treatment to the patient who is under emergency medical condition. Entitlements related to Medicare also includes free treatment and accommodation in public hospital as a public patient, and subsidiary in medicines through the Pharmaceutical Benefits Scheme. Doctors have no right to refuse the treatment of patients on the basis of any improper reason and they cannot discriminate their patients on the basis of sex, race, cast and on any other invalid reason. This rule is identified in the case Court in Roberts v. Galen of Virginia, Inc., 525 U.S. 249, 119 S. Ct. 685, 142 L. Ed. 2d 648 (1999)[4]. In this case, Jane Roberts who is guardian of Johnson filed this suit under 1395 dd(d) of EMTALA and stated that defendant violate 1395 dd(d) of EMTALA. Court held in this that plaintiff was failed to show that decision of hospital to authorize the transfer was caused by any improper motive such as race, sex, and cast. Patients who are accessing their right are not able to choose doctor and hospital, but patients covered under private insurance are able to choose their own doctor, surgeon or hospital. Medicare also provides private hospital subsidies in some cases. It must be noted that people who are eligible to get medical treatment in Australia is also eligible to get medical treatments in the country where Australia has health care agreement. Presently Australia has agreement with almost eleven countries such as UK, New Zealand, Ireland, the Netherlands, Italy, Malta, Sweden, Finland, Norway, Belgium, and Slovenia[5]. There are some situations in which health care provider reject to provide expensive or experimental treatment. The Australian Human Rights Commission (the Commission) plays important role in protecting and promoting the medical rights of their citizen. The Commission framed many policies related to medical treatment, and provide following rights to their citizens: Easy access to basic health care services and medical treatment to the citizens. Provide concessions on medicines and other expenses incurred on health. Payments made to patients to help them in meeting their treatment costs. Provide facility of private health insurance. Preventive care. Doctors own duty of care towards their patients, and this is duty owned by medical practitioner towards their patients for taking reasonable care. There are some cases which explain it well such as Strempel v Wood [2005] WASCA 163 [28][6], in this case McLure JA stated that if patient pay fees to the doctor and consult with him then doctor own duty of care towards patient. Informed consent- it is necessary for the health provider that he gives all information to the patient related to his medical treatment and risk involved in the treatment before providing that treatment to the patient. If patient agree to the treatment then it is called consent to treatment. According to this requirement it is the duty of health care provider that he gives all related information to the patient so that patient can take informed decision[7]. This right is upheld by the Supreme Court of NSW and the Supreme Court of Western Australia in two cases that is Hunter New England Area Health Service v. A [2009] NSW SC 761[8] , this case highlights the conflicting interest related to right of self determination of competent adult. In other words it determine the right of competent adult to control the ones own body, and also interest of the state in protecting the lives and health of citizens. Second case is Brightwater Care Group (Inc) v. Rossiter [2009] WASC229[9] in which S upreme Court of Western Australia supports the decision of first case. Common law of Australia state that all the adults who are competent can accept or refuse the treatment, and if informed consent of patient is not present then it may result in legal consequences for doctor or medical practitioner. Informed consent means consent given by patient after getting all the information related to treatment and also warning for the risk involved in treatment. We can understand this with the help of case law Rogers v Whitaker (1992) 175 CLR 479[10]. In this case, the main issue was whether doctors are failed to advise and give warning of the risk involved in operation to the patient. The next case was filed after 20 years that was Sidaway v Governors of Bethlehem Royal Hospital [1985] AC 871[11]. In this case, surgeon appointed by hospital operates the spinal column of plaintiff and he failed to warn the plaintiff about the risk associated with operation that was damage to her spinal cord. After the operation the spinal cord of plaintiff was damaged. Court applied Bollam rule in this case. Common law also stated that in some situations individual is not able to give informed consent or consent is not required such as in case of emergency. However there are exception in case of children in which High Court held that parents has right to authorize the treatment. The rule related to competency of minor consent is developed by the English House of Lords decision in Gillick v West Norfolk and Wisbech Area Health Authority [1986] AC 112[12], and this rule is approved by the High Court in Department of Health and Community Services v JWB and SMB (Marions case) (1992) 175 CLR 218[13]. In Australia, there is legislation which permits the medical treatment to child without the consent of parents such as blood transfusion is allowed without the consent of the parents if life of the child was in danger. Section 20A of the Children (Care and Protection) Act 1987 (NSW) can be understand with the help of case law Dalton v Skuthorpe (unreported decision of Supreme Court of New South Wales, 17 Nov. 1992, No. 5094 of 1992)[14] in this case, court held that life of the child is in question therefore blood transfusion is valid without the consent of parents of the child. One more case law is there to understand this point that is Marchant v Finney (unreported decision of Supreme Court of New South Wales, 31 July 1992, No. 3599 of 1992)[15]. Importance of section 20A is stated in case Birkett v Director General of Family and Community Services (Unreported decision of Supreme Court of New South Wales, 3 Feb. 1994, No. 3161 of 1991), and the decision of this case is given on the basis of Rolands v Rolands (1983) 9 Fam LR 320[16]. In northern territory of Australia, Emergency Medical Operations Act 1973 (NT) allowed the health care providers to operate the child in case of emergency[17]. Some parents object the blood transfusion on the basis of religion, but Courts have power to overrule these kinds of objections raised by the parents in the interest of the life of child. However, such situations are decided by the court in case Re S (a minor) (medical treatment) [1993] 1 FLR 376, a 4 [18]. In this case, the parents of child are Jehovahs' Witnesses and all the family members in their medical records veto the blood transfusions. In this case court held that parents has right to refuse the blood transfusion of their child if there is no risk on the life of the child. Judge further stated that parents or guardians of child can give importance to their religious beliefs if risk on childs life is negligible. In case, Re O (a minor) (medical treatment) [1993] 2 FLR 149[19] court refused the decision of the parents to avoid blood transfusion just because they are Jehovahs' Witnesses. However, in case Re E (a minor) [1993] 1 FLR 386[20] it is established the unwillingness of court to follow the religious objections for the safety and health of childrens. If competent adult refuse the blood transfusion then court did not consider the health of victim but they consider the validity of refusal. In case, Malette v Shulman [1991] 2 Med LR 162, a 57[21] court held that right to refuse the treatment is the right of the patient on his own body. There is one more case Re T (adult: refusal of medical treatment) [1992] 4 All ER 649[22] in which court stated that if patient is not capable to give refusal then court overrule the objection of patient for blood transfusion. Therefore, courts overrule the objections of parents on the basis of religion to safeguard the health and care of child but in case of adult if refusal is valid and stated in advance then such refusal must be respected. Conclusion: In Australia, there are many cases which provide enough guidance on the medical law of Australia, and rights of patients to get medical access in hospitals. Guidance provided by case laws is sufficient to regulate the medical law in Australia. Decisions provided by court and tribunals are very important because these decision are made under the shadow of law. All these cases are different from each other, and they have unique circumstances, and these factors help the medical practitioners in providing treatments to competent and incompetent adults or minors. Therefore, statement is not correct that using the law to successfully gain access to medical treatment is limited and typically likely to be unproductive. References: Court in Roberts v. Galen of Virginia, (1999) 2d 648 (1999). moran v. Rush Prudential HMO, (2002)2d 375. Hunter New England Area Health Service v. A [2009] NSW SC 761. Brightwater Care Group (Inc) v. Rossiter [2009] WASC 229. Rogers v Whitaker (1992) CLR 479. Roberts v. Galen of Virginia, Inc., (1999) 525 U.S. English House of Lords decision in Gillick v West Norfolk and Wisbech Area Health Authority [1986] AC 112. Secretary, Department of Health and Community Services v JWB and SMB (Marions case)(1992) 175 CLR 218. Dalton v Skuthorpe (unreported decision of Supreme Court of New South Wales (1992), No. 5094 of 1992. Marchant v Finney (unreported decision of Supreme Court of New South Wales) (1992) No. 3599. Rolands v Rolands (1983) 9 Fam LR 320. Re S (a minor) (medical treatment) [1993] 1 FLR 376, a 4 . Re O (a minor) (medical treatment) [1993] 2 FLR 149. Re E (a minor) [1993] 1 FLR 386. Malette v Shulman [1991] 2 Med LR 162, a 57. Re T (adult: refusal of medical treatment) [1992] 4 All ER 649. Strempel v Wood [2005] WASCA 163 [28]. Sidaway v Governors of Bethlehem Royal Hospital [1985] AC 871. Legal services commission, Patients rights (2016) https://www.lawhandbook.sa.gov.au/ch29s01.phpaccessed 27 December 2016. Medical Negligence Solicitor Australia, medical negligence in australia - what every patient should know https://www.medneg.com.au/truth.html accessed 27 December 2016. AHRC, Your right to health (2016) https://www.humanrights.gov.au/publications/your-rights-retirement/7-your-right-health accessed 27 December 2016. ALRC, Review of State and Territory Legislation (2016) https://www.alrc.gov.au/publications/10-review-state-and-territory-legislation/informed-consent-medical-treatment accessed 27 December 2016. Australian Commission on safety and quality in Health care, Australian Charter of Healthcare Rights (2016 ) https://www.safetyandquality.gov.au/national-priorities/charter-of-healthcare-rights/ accessed 27 December 2016. Pei-Tee-King, REFUSAL TO CONSENT TO TREATMENT ON RELIGIOUS GROUNDS https://www.austlii.edu.au/au/journals/MurUEJL/1995/21.html accessed 27 December 2016.