Social Work Law Problem Question

Social Work Law Problem Question Melanie, a social worker working for the social service department of the local authority, has just been assigned a possible child protection case as the nursery school attended by a child called Sophie aged 3, has alerted them about their concerns about her. The school are worried about Sophie as she has recently become withdrawn and has not been playing and interacting with the other children. She also comes to nursery sometimes looking rather unkempt and dirty and a couple of weeks ago when the children were discussing what they eat for breakfast, Sophie said she doesnt have breakfast. Sophie has not been at nursery for the past week. Melanie arranged to pay a visit to Vicky, Sophies mother and discovered the following by way of background. Sophies father is Darren who lives with them intermittently. Darren has been violent to Vicky when she was pregnant with Sophie and she obtained an injunction against him and they separated before Sophie was born. However, they resumed their relationship when Sophie was 6 months and since then Darren has lived either with Vicky and Sophie or he often stays with his mother when there has been an argument. Vicky seemed depressed and said there had been an incident at the weekend and Darren has gone back to his mothers. The house is dirty and Sophie is home is still home from nursery. Melanie notices how thin Sophie was and also that she had bruises on her right arm which Vicky says were as a result of a fall in the playground at nursery. Melanie arranged to pay Vicky a visit again the same time the following week and when she turned up no-one answered the door. She asked a neighbour passing by whether they had seen Vicky and/or Sophie. They replied they hadnt seen them for a few days but heard Vicky shouting and swearing at Sophie in the garden the other day. They said they saw Darren outside the house yesterday. Melanie is seeking your advice as to how the local authority could proceed next. Advise her as to the duties of the local authority in this situation, and what her legal options are, whether or not Vicky co-operates. Ensure that you provide Melanie with information not just on the measures that can be taken in the short term, but also, in the long term if necessary. Following a referral from the school, the local authority need to consider what harm Sophie may be facing and the appropriate solution needed. Clearly, concerns are expressed in the instant case as to whether Vicky and Darren are properly fulfilling their parent responsibility. Just as the Children Act 1989 imposes duties on parents, it also imposes duties on the local authority. The Children Act 1989 s47 requires the local authority to investigate cases where there is reasonable cause to suspect that the child or children concerned are suffering or are likely to suffer significant harm. The Act requires the local authority to act, wherever possible, in partnership with the parents of the children. Encouraging co-operation between parents and local authority and maintaining, wherever possible, the care of the child within the family are the guiding philosophies of the Act. Sophie satisfies the test for children in need, hence, the local authority has a statutory duty under the Childr en Act 1989 s17(10)(a) as It would appear that both Darren and Vicky seem unconcerned about the difficulties that their child is suffering; the issue is how to endorse Sophies welfare long term. There are two long-term child protection measures in the Children Act 1989, the care order (Children Act 1989 s33) and the supervision order (Children Act 1989 s35). It is suggested that the care order is the more appropriate order. As Sophies parents are not considerate, the more coercive powers of the care order, including the local authority gaining parental responsibility under Children Act 1989 s33(3) may be necessary. It seems working with the family by providing support would be ineffective and instead a more coercive approach might be necessary under Children Act 1989 Part IV to assist parents and children in need. This general duty to children in need requires the local authority to safeguard and promote the welfare of children. Sophie has not been attending school, she is physically thin and has been verbally and physically abused. In order to obtain a care order in respect of Sophie, the local authority will first have to satisfy the threshold criteria in the Children Act 1989 s31. These are that they are satisfied that the child, here Sophie, is suffering or is likely to suffer significant harm due to lack of parental care or to be being beyond parental control. This test does seem to be satisfied. Harm is defined in the Children Act 1989 s31(9) and it is clear from Re O (A Minor) (Care Order: Education: Procedure) (1992) that this can include truancy. Any application made under the Children Act 1989 will have the childs welfare as the paramount consideration s 1(1) and the court will be reluctant to intervene unless it can be shown that the making of an order is better than leaving things as they are s1(5). An education supervision order is made on application, usually to the Family Proceedings Court, wh ere the local education authority acts in consultation with the social services. The Children Act 1989 s36 requires children of compulsory school age to attend school or else an education supervision order may be made. Sophie is of compulsory school age and it does seem that she is not being properly educated according to her needs, age and ability, given the amount of time during which she is absent from school. Section 36(5) creates a presumption that a pupil at a school who is not attending regularly is not being properly educated. Thus, it would seem that it would be possible to show to the court that Sophie is not being properly educated. If the court was satisfied of this, it could appoint a supervising officer to ensure that the child attends school. This supervising officer takes responsibility for guiding and assisting both the child, Sophie, and her parents, Vicky and Darren, in understanding the importance of education and laying down certain guidelines to ensure that Sop hie does attend school. The order will usually last for one year but it can be extended or conversely it can be discharged on application by the child, Sophie, or her parents or, if all is going well, by the education authority. If, however, the supervision order does not succeed in getting Sophie to attend school, then the local authority may need to consider the more drastic step of seeking a care order. A care order is available under the Children Act 1989 s31 and is only available once the local authority has carried out preliminary investigations to see if any action is necessary to safeguard or promote Sophie, see, 47(1). Generally, the local authority must consult both Sophie and her parents but, if the case is an urgent one or consultation may prejudice Sophies welfare, the local authority may act without consultation. In any application for a care order, both Sophie and her parents must have notice and be made respondents to the application. Since Sophie is a child it is usually necessary to appoin t a childrens guardian to act to safeguard her interests. The childrens guardian will talk with Sophie and try to ascertain Sophies feelings and wishes in regard to the present position. Sophie is obviously entitled to be consulted and clearly her co-operation will be essential for the smooth running of any future plans concerning him. The statutory grounds for a care order are found in the Children Act 1989 s31. The Family Proceedings Court must be satisfied that the child is suffering or is likely to suffer significant harm. This does not require proof on the balance of probabilities that there will be harm in the future; it is enough to show a real, significant likelihood of harm see, Newham London Borough Council v AG 1993. Harm includes ill-treatment or impairment of health and development. In the present case, it does appear that Sophie is being ill-treated at home and her lack of attendance at school, and her parents apparent unconcern of the situation, do seem to indicate that maybe his health and development are being impaired. The second criterion under s 31 is that the harm or likelihood of harm is attributable to the care being given to the child or likely to be given to her if the order is not made, not being what it would be reasonable to expect a parent to give him, or secondly, the child being beyond parental control. This is an objective standard based on what a reasonable pa rent could or could not do, Lancashire County Council v A (2000). In Re O (A Minor) (Care Order) (1992) the persistent truancy of a child was deemed suitable for a care order to be made and this would be the case here. Since neither Darren nor Vicky is able to control Sophie to ensure that she attends school, or they do not particularly concern themselves over her attendance, this would show that it is not reasonable for them to behave in that way concerning the education of their 3-year-old daughter. Again, as with any Children Act 1989 order, the childs welfare is the paramount consideration see, s1(1) and, in order to determine what would be in Sophies best interest, the s1(3) checklist would be examined. The first consideration in the checklist would be the wishes of the child, Sophie. She is still a child and definitely at the age where the court would consider her wishes. However, this does not mean that she would be able to dictate to the court what she wished to do. Definitely, her disinclination to attend school would not result in the court deeming any care order unnecessary. In fact, her inability to behave maturely in respect of her education may indicate that her wishes will not carry a great deal of weight. The second criterion on the checklist is the childs physical, emotional and education needs. Clearly Sophie is in need of some guidance, and the fact that she is not attending school, she is a child who seems to be drifting through life. The apparent unconcern of her parents seems to indicate that something must be done for Sophie. However, whether this would necessarily require her to leave her home and be taken into the care of the local authority is another matter. Th e court may decide that a less draconian measure would be more suitable. If Sophie wishes to remain at home it may be that the shock of being threatened with removal will be enough to make her mend his ways. If the court is of the view that Sophie and her parents may be able to correct the defects with a little assistance from other persons, then maybe the education supervision order discussed earlier, or a supervision order, will be more appropriate. The supervision order under the s 31 criteria requires the threshold of harm in s 31 to be satisfied. However, the effect of a supervision order is very different. A supervision order does not vest parental responsibility in the local authority; instead, a supervising officer, either a local authority officer or a probation officer, is appointed to assist and befriend and advise the child and his parents ( s 35(1) ). The supervising officer will do what is necessary to ensure that the child is guided and that her welfare is promoted. U sually a supervision order lasts for one year but it can be extended up to three years by one application; to continue beyond the three-year period another application would be necessary. The supervising officer will try to give directions to Sophie: telling her to attend school; possibly also requiring her to participate in certain activities; and imposing obligations with the consent of Darren and Vicky to help them deal with Sophie and promote her welfare. In Oxfordshire County Council v L (1998) a supervision order was considered appropriate for six children. This was because the parents wanted to meet their obligations to their children, and with help from the local authority they were likely to be able to do so. Another issue is the verbal and physical abuse Sophie had. The incidents at school, the physical abuse and the verbal abuse at the garden, gives considerable cause for concern over Sophies health and well-being. Nevertheless, it is not clear that there is any actual abuse and the local authority should proceed with caution in this very delicate area. For now, regarding Sophie a case conference should be held in which the childs welfare and situation should be discussed. On the other hand, there is the concern that consultation with the parents and with Sophie may increase Sophies unease and could be detrimental by causing delay. Consequently, the local authority needs to act to get to the bottom of the problem and found out exactly what is concerning Sophie. If Sophie has been abused. One option would be to apply to the court for a child assessment order. Such an order is available to the local authority and will enable it to find out exactly what is going on in relation to the child. However, full notice must be given by the local authority to both the child and the childs parents and, at the hearing, the court must be satisfied that the local authority has reasonable cause to suspect that Sophie is suffering or is likely to suffer significant harm; that an assessment of Sophies health and development is required in order to establish whether or not she is suffering harm; and that it is unlikely that an assessment will be made or made satisfactorily without a child assessment order. In this case the school report of Sophies behaviour does give rise to concern that Sophies has suffered some kind of harm. Her responses do not seem to be those of the average child in such a situation, her personality, gives for concern. There is no need to show on the balance of probabilities that Sophie is likely to suffer significant harm, just that there is a real likelihood. Vicky and Darrens response is somewhat dismissive and it does not seem likely that the local authority will be able to assess Sophie without a child assessment order. Such an order, if made, will only last for seven days and it does not affect Vicky and Sophies parental responsibility. The local authority has no parental responsibility during the lifetime of this order; the order merely requires Vicky and Darren to produce Sophie so that she can be assessed. This may mean that Sophie continues to live at home although it is possible for her to be assessed as an in-patient in hospital. If Sophie is to remain in hospital, then contact will usually be allowed under s43 between Sophie and her parents. There is the possibility that a child of such an age may refuse to consent to the assessment. Clearly, Sophie is a disturbed and upset child, but hopefully, with pr oper explanation and reassurance, she will be happy to comply with the order. If the local authority is frustrated in its enforcement of the child assessment order or if concern exists that more immediate protection is required for Sophie, then an emergency protection order under s44 of the Act may be sought. The basis of such an application is, first, that the local authority may apply if it has reasonable cause to believe that Sophie is likely to suffer significant harm if either she is not removed to accommodation provided by the local authority or she does not then remain in the place where she is being accommodated. A further option open to the local authority is to apply under s 44(1)(b) on the basis that enquiries are being made with respect to the child and that those enquiries are being frustrated by access to Sophie being unreasonably refused by the parents and the applicant will also need to show that they have reasonable cause to believe that access to the child is requi red as a matter of urgency. The emergency protection order is a very draconian measure; it gives the local authority parental responsibility for the duration of the order (s 44(4) and the local authority can take such action as is reasonable to safeguard or promote Sophies welfare. The court will authorise the childs removal to local authority accommodation or it will order that the child remains in any hospital or other place where the child is being accommodated prior to the order being made. The court will consider whether contacat should be allowed between Sophie and her parents and also whatever medical and psychiatric assessment is necessary. Usually the child will have contact with her parents but if it is considered that this would be detrimental to her welfare then contact can be refused and this refusal cannot be challenged. An emergency protection order lasts for eight days ( s 45(1) ), although it can be extended once more for a further seven days s45(6) if the court has cause to believe that, if it is not extended, Sophie will suffer significant harm. The emergency protection order can be challenged by the child and her parents and anyone else having parental responsibility for her, after 72 hours have expired. However, a challenge is not possible if the parties were given notice of the hearing and were present at it s45(11). Since the emergency protection order is a very dramatic step to take, the court will consider long and hard whether it is in the childs b est interest for such an order to be made. Clearly, in this case there are concerns as to what is troubling Sophie and it would seem that the parents attitude is somewhat ambivalent, given the concerns expressed by the local authority. Whether this is sufficiently significant to give rise to the need for an emergency protection order is debatable. Concern has frequently been expressed at the hasty removal of children from their parents care by local authorities; therefore, it may be that the local authority would be best served by making an application for a child assessment order in the instant case, since the evidence of abuse is not sufficiently overwhelming to justify the application for the emergency protection order. An emergency protection order should only be sought if the child assessment order is being thwarted by Vicky and Darren. If either the child assessment order or the emergency protection order produces evidence that Sophie is in fact being abused, then the local au thority will need to consider more long-term measures. The appropriate measure to take would be the care order under s 31 of the Act. The local authority may apply for a care order if it can establish the threshold criteria in s 31. The local authority must first satisfy the court that Sophie is suffering or is likely to suffer significant harm and, secondly, that the harm or likelihood of harm is attributable to the care being given to Sophie or likely to be given to her if the order is not made, not being what it would be reasonable to expect a parent to give her; or that the child is beyond parental control. The evidence of Sophies distress at school and her change in personality, either under the child assessment order or emergency protection order, may substantiate the claim that Sophie is suffering significant harm. Harm under the Act means ill-treatment or impairment of health and development. Ill-treatment includes sexual abuse as well as physical and mental ill-treatment. I f Sophie has indeed been sexually abused by either or both of her parents, then the criterion of harm will be satisfied and clearly, if nothing is done, Sophie will continue to suffer this significant harm. It is also necessary to show that the harm is because of the care being given to the child by her parents. If the parents are responsible for the abuse or are failing to act to protect Sophie from it, then their actions are not those of the reasonable parent and the s 31 criteria will be established. Sophies welfare under s 1(1) of the Act is the crucial consideration and is paramount throughout. In cases of serious sexual abuse, it will be necessary to remove the child from the family environment so as to ensure that the abuse does not continue. The s 1(3) checklists must be applied and Sophies wishes must be ascertained. If she is being abused she will obviously have confused feelings about her parents and whether she wishes to remain with them or be removed into local authorit y care. This is not a case where the court can stand back and do nothing. The non-interventionist policy enshrined in s 1(5) of the Act will have to be put to one side as something needs to be done to ensure that Sophies well-being is safeguarded. Any care order that is made will last until Sophie is 18 unless it is discharged earlier either on application by the child, by her parents or by the local authority. Even though a care order is made, the local authority should consider the question of contact, especially in relation to the parents of the child. Usually contact will be allowed even though a parent may have abused the child. It will usually always be possible for the other innocent parent to see the child. Even the abuser may have limited supervised access to the child since it is often in the childs best interest for the relationship to be given the opportunity to be repaired. However, it is crucial to try to ensure that any abuse is not repeated. If Sophie is taken into c are by the local authority, the local authority has a duty under s 22 of the Act to promote the childs welfare and to consider Sophies wishes and those of her parents at all stages. The parental responsibility of Vikcy and Darren does not end on the making of the care order and the local authority will still try to keep them involved in the upbringing of their child where this is still in the childs best interest. The local authority will consult Sophie to see how she wishes her future to unfold and it will also consult her parents if possible. In making any decisions about the child, s 22(5) of the Act requires the local authority to take into account the wishes and feelings of the child and her parents, and also to take into account the childs religion, racial origin and cultural background. In conclusion, therefore, it can be seen that appropriate measures for the local authority are an education supervision order and, failing that, a care order or possibly a supervision order under s 31 of the Act, however, more stringent measures may be needed. First, an investigation by way of a child assessment order will be required or, in an emergency, an emergency prot ection order. If either of these measures discloses that Sophie is being abused then it will be necessary to make a care order under s 31 of the Act. In relation to both children any application must have their welfare as the paramount consideration, and consequently it will only be when the full facts are known about Sophie and Jack that the appropriate order can be sought.

Oedipus - Why Didnt His Foster Parents Tell Him The Truth :: essays research papers

Oedipus the King Why Didn't His Foster Parents Tell Him The Truth? Oedipus the King is the story of a man who was betrayed. Betrayed by the very people who gave him life and the very people who raised him. Oedipus was born to Laius and Jocasta the king and queen of Thebes. When Oedipus was born, they consulted an oracle that told them that he would grow up to kill his father and marry his mother. Fearing for their safety and the safety of their kingdom they had a servant take the infant to the mountains and leave him on the mountain to die. The servant felt sorry for the infant and gave him to a shepherd who in turn gave him to Polybus and Merope the king and queen of Corinth, who raised him as their own. When Oedipus was older, some men at a banquet who were drunk told him that "I am not my fathers' son". (860) Oedipus confronted Polybus and Merope and they were enraged by these accusations. They convinced Oedipus that the accusations weren't true, "so as for my parents I was satisfied (865). However, something was still gnawing at him. He consulted an oracle for himself and the oracle told Oedipus what the oracle told Laius and Jocasta. After he heard that prediction, he left Corinth never to return. If Polybus and Merope had told him the truth when Oedipus came to them he wouldn't have left Corinth and have set into motion this tragic chain of events. What were Polybus and Merope afraid of? Where they afraid of how Oedipus would have reacted if he knew that they weren't his birth parents, did they think that he wouldn't have understood and wouldn't have appreciated what they did for him. I think that Polybus and Merope have to share some of the blame for this mess, because they were not truthful. Oedipus thought he had avoided the curse by going the Thebes. By defeating the sphinx, he was the hero of the town. He was doing a noble thing by wanting to help his country by trying to find out who or what was causing this plague. When Oedipus finds out the truth he resists it, but he was relentless in his pursuit of it, He wanted to discover the truth in order to help his people but he refuses to believe that he's the cause of it, "What are you saying - Polybus was not my father?

Explain why the Arab invasions of 710 and 711 were so successful. :: essays research papers fc

Explain why the Arab invasions of 710 and 711 were so successful. In answering this question we must first appreciate the difficulty historians face in discovering the real truth of the early Arab invasions, a fact well demonstrated in the varying estimates of Arab invasion forces (ranging from 1,700-9000 in current publications). Scant contemporary evidence exists beyond a short narrative present in a Spanish chronicle of 754, a vital surviving Islamic administrative document of the time, and some archaeological remains. Our knowledge of the invasions is largely founded on the works of later Islamic historians, the Ajbar Machmua text for example and the works of Ibn Idhari and al Maqqari. Unfortunately there are fewer Christian documents available. Julian’s ‘History of Wamba’ is one of few Visigothic texts to be found, further information has therefore been gained from later monastic chroniclers. For religious Muslim contemporary’s the success of the 711 invasion was attributed to the will of Allah as part of Islam’s rapid expansion. Likewise for the Christian author of the 9th century chronicle of Alfonso III the Visigoths’ defeat had been punishment for disobeying God’s commandments. To the majority of medieval men divine intervention was a valid explanation for occurrences, however even then secular minded writers appreciated more practical explanations; principally the unrest which existed within the Visigothic kingdom. The political and social problems which faced Iberia at the time are seen by many modern historians as vital to the conquest’s success. In 710, supposedly the year of the first major Muslim incursion into Spain under Tarif (whether Tarif’s raid even occurred is disputed by some historians ) the new King Roderic succeeded the throne. He was in a vulnerable position from the outset as controversy existed over his succession. It was argued that he had apparently usurped the throne from the rightful heir Akhila son of the old King Wittiza. Although Visigoth royal succession was theoretically elective it was in practice through primogenitor which naturally undermined Roderic’s position. The existence of a rival claimant caused dangerous divisions throughout the kingdom and in Akhila’s demesne land of Tarragona and Narbonne coins were minted without the king’s image, a clear measure of defiance. It is also reported in some sources that during the invasion Akhila conspired with the Arabs to depose Roderic. Some go as far as to say that during the final battle a wing of Roderic’s army loyal to Akhila turned on him in the midst of the fighting.

Individual Optimism and Health

Iris Hobnobs Optimists take proactive steps to protect their physical and mental health as well as focusing on goals that benefit their socioeconomic standing. â€Å"The trait of optimism may provide cognitive, coping, and contextual resources that promote better mental health† (Carver, et al. , 2010. P. 880 up. 2). Optimism is a behavioral trait that describes people who look for the positive in a situation. Optimism can help people cope in negative situations and lead to greater well-being.Optimists ability to cope with negative situations gives them increased opportunity to succeed and live healthier lives, compared to pessimists, because they believe a positive result is more likely. Comparatively, optimists should be measured the same against pessimists on a scale of very pessimistic to very optimistic with the majority of people falling somewhere in the middle (Carver, et al. , 2010). People display varying degrees of capability when confronted with positive and negative situations and tend to react based on their acquired behavior.Past experiences can affect the espouse of a person to either pessimism or optimism depending on whether the cause was permanent or temporary (Peterson & Salesman, 1984). How a person responds can influence the ultimate outcome of a situation whether it pertains to physical or psychological health. Psychologically, optimists seek a positive outcome in the face of negative causes or conditions that range in influence anywhere from benign to malignant.A person dealing with a stressful situation There are rare instances in which optimists fall short on their ability to overcome a negative tuition, which are mostly discounted due to the specificity of situations. For example, if a pregnant mother is optimistic about the health of her baby but has a miscarriage despite her positive attitude. A mother's optimism for her child's health did not influence the possibility of a miscarriage and left her especially vulnerable because she had not prepared herself to deal with the possible negative outcome.This situation is uncommon because the prevalence of medical assistance in most industrialized nations supports an optimistic viewpoint for the birth of a healthy child. Past causes that have a persistent negative effect can influence a person to think pessimistically because the stability of negative effects increases the likelihood of a perceived negative outcome. Conversely, temporary negative effects can influence a person to think more optimistically because the negative effects do not have a strong enough correlation with the perceived outcome (Peterson & Salesman, 1984).The idea that ‘everything will turn out all right in the end' removes a person's need to analyze potential negative conditions due to the eventual positive outcome. By not focusing on the potential negative conditions, the level of distress experienced during negative situations is decreased, also fostering continued dispositional o ptimism. Therefore, optimism is seen as an acquired behavioral trait and coping mechanism and can be taught to pessimists to improve their well-being.Patients with terminal illnesses may overlook the negative conditions of their illness by emphasizing the positive conditions with dispositional optimism. Researchers have also found that a person with dispositional optimism can positively influence heir physical recovery or management of life-threatening illnesses, such as cancer or HIVE, because the increased capability minimizes the level of distress they experience and allows them to use additional bodily resources toward recovery. The general line of thinking underlying this research is that optimists may be less reactive than pessimists to the stresses of life; the lower physiological stress responses may (over many years) result in less physical wear and tear on the body; the end result may be better physical health and even greater longevity† (Carver, et al. 2010. P. 883 up. 13). Optimists are also less likely to engage in activities that can harm their physical health or develop harmful habits and addictions, such as smoking and drinking.Engaging in physically harmful activities can be seen as an escape mechanism (Carver, et al. , 2010) in response to conditions or experiences that the person feels are too stressful to cope with or overcome. In moderation, these activities may not have a direct influence on a person's immediate physical health but can foster behavior that increases the risk of continued harmful activities. Smoking one cigarette can make a person feel more relaxed and may not seriously affect their health, but smoking every day increases the risk of serious health problems with little prospect of physical recovery.Optimism can foster behavior that benefits a person's well-being, psychologically and physically. It allows a person to overlook or cope with emotionally stressful situations despite the negative circumstances and see an o utcome to which they will ultimately benefit. A person with dispositional optimism also shows a motivation toward goals that improve physical health and a decrease in the level of engagement in activities that might be harmful.Optimism is a behavioral trait that does not have to be inherited and can be taught to anybody that wish to improve their well-being.

Parle G

Parle G The following case study is from the Richard Ivey School of Business. It is about the development of a leading Indian biscuit manufacturer, called Parle Products Pvt. Ltd. Company overview The company was found in 1929 as a candy manufacturer and started producing biscuits in 1939. At this time only few processed and ready-to-eat food items were available. Parle G are glucose biscuits and the company’s flag brand. It became the largest selling biscuit brand by volume in 2002.The company was using a mass market strategy which is why the price of the Parle G biscuits has maintained 1$ per Kilo since 1990. In 2009 the company had 74% of the market shares of the Indian glucose biscuit category. The biscuits were sold in 2. 5 million outlets. Other brands of Parle Products Pvt. Ltd. are Marie in the tea time category and Hide n Seek and five other brands in the premium category. In 2008/2009 the company recorded sales revenues of INR35 billion. 68 percent came from Parle G. The company is known all over India for offering high value for a low price (value for money).The products are available in India, Bangladesh and South Africa because the company had adopted a â€Å"follow the costumer† strategy in order to maintain low marketing costs. The two main target groups are 5-14 year old children and their mothers next to institutions. Until 1992 there was only little competition in the sector when Surya Food & Agro Limited entered the market. From 1999 on several companies such as Britannia Industries Ltd. and Hindustan Unilever Ltd. also entered the market because of the high potential in the premium category due to the change of income in Indian households.Problem statement Since 2004 the company had to deal with rising costs of the two main raw materials – sugar and wheat. In 2004 the company tried to raise the prices of its most popular product the 100g packet by 12. 5%. Within 6 month the sales dropped by more than 40%. In 2008 the raw material prices raised again. The management decided to do a hidden raise in price by reducing the weight of the 100g package slowly to 82. 5g without losing high sales. In 2009 the margin from Parle G had fallen from 15 to 10% of the revenue within the last 18 years, which is why Parle G needs a new strategy.The consumers’ perception was rooted so strongly in the low price that it was undermining other product attributes such as quality and taste. This made it impossible to raise the price. The company tried to deal with this problem by changing to a cheaper packaging material and dealing directly with the raw material deliverers. Alternatives There are several approaches to restore the margins to minimum 15% of the revenues again. To evaluate the different strategies two criteria have been selected – costs and time.One approach would be repositioning the brand as a qualitatively high and tasty product for which the costumers do not mind spending more money on. This strategy would be cost intensive and would take at least 12 – 18 month to see the first results. The brand also exists since 1939 which is why it would be very difficult to change people’s prescription of the brand. Therefore it is not the best strategy at this moment. The second strategy could be introducing product variations like for example with different flavours which can be sold for 20 – 25% more expensive than the normal Parle G.The costs for this would be high because of the different researches that have to be conducted, the increasing production costs and the upcoming marketing costs. It would take 6 – 12 month to introduce a new product. This is why this strategy is also not ideal. The third strategy is offering one more brand in the premium category because of the increasing demand in this sector. The fact that Parle Products Pvt. Ltd. already offers 6 brands in the premium category, as well as the high costs of research, production and marke ting are the reason to dismiss this idea.It would also again take 6 – 12 month to introduce the new product which is why a better strategy needs to be found. Plan of Action Another approach would be offering only 4 or 5 instead of 12 different price categories to safe packaging costs. The costs for this action would be very low compared to the other strategies. The time this strategy needs would also be short which is why this a very good short term approach. In order to also find a long term strategy the idea of exporting into more than 2 countries should be reconsidered. A brand can only grow to a certain point f it does not become an international brand. Parle G is at the point where it is no longer enough to only sell within India, Bangladesh and South Africa. The company has to expand in countries with a high amount of Indian citizens, low competition and an increasing demand in biscuits. Therefore several researches have to be conducted because this measure is very cost ly and also very time intensive. But it is necessary for Parle Products Pvt. Ltd. to become a global player in order to restore the margins to minimum 15% of the revenues again and to secure company growth within the next 15 – 20 years.Therefore both criteria time and money can be neglected. The best course of action is changing the offers from 12 to 4 price categories starting within the next 10 – 14 days as a short term plan. The long term plan is exporting Parle G into at least 3 different countries within the next 15 month and 10 countries within the next 3 years. The company should try to conquer the institutional sectors first by offering at least 5-7% discount on bulk purchases at the beginning and create a demand within the rest of the population (pull-concept).

Sec.22

SEC. 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development. Rights of Indigeneous cultural communities. As used in the Constitution, the term â€Å"indigenous cultural communities† refers to non-dominant groups in our country which possess and wish to preserve ethnic, religious or linguistic traditions or characteristic markedly different from the rest of the population. Section 22 recognizes constitutionally the existence and rights of the indigenous cultural communities.It directs the State to promote their rights within the framework of national unity. Thus, the State is bound to consider the customs, traditions, beliefs and interests of indigenous cultural minorities in the formulation and implementation of State policies and programs. In a multi-ethnic society like ours, the above provision is necessary in promoting the goal of national unity and development. (see Art XVI, Sec. 12) Under provision, the government may even enact the laws especially for them taking into account their customs, traditions, beliefs and interests. H. de Leon, Phil. Constitution 2005, pp. 67-68) SEC. 23. The State shall encourage non-governmental, community-based or sectoral organizations that promote the welfare of the nation. Non-governmental, community-based or sectoral organizations The State is required to encourage these organizations because recent events have shown that, under responsible leadership, they can be active contributors to the political, social and economic growth of the country.It should refrain from any actuation that would tend to interfere or subvert the rights of these organizations which in the words of the Constitution are community-based or sectoral organizations that promote the welfare of the nation. (Ibid, p. 68) This topic is discussed at the length under Article XIII (Social Justice and Human Rights), Sections 15 and 16 which categorically state the role an d rights of people’s organizations as vehicle to enable the people to participate and intervene meaningfully and effectively in decisions which directly affect their lives. (Ibid. p. 68) SEC. 24.The State recognizes the vital role of communication and information in nation-building. Vital role of communication and information in nation-building. Communication and information, as used above, include not only print or broadcast media (radio and television) but also motion pictures, advertising, cable, telephone and telegraph. Those means of communication designed to gather and convey news or in the formation to the public are called mass media because they reach the mass of the people. (see Art. XVI, Sec. 11[1]. That they play a critical role in nation-building is very obvious. 1) Formation of an enlightened citizenry. – Mass media shape people’s thoughts and beliefs, their attitudes and values. In a country like the Philippines composed of people with diverse cul tures, they can be an effective instrument in promoting national integration and preserving Filipino values and traditions. By educating the citizenry on important public issues, they also help create a strong, vigilant and enlightened public opinion so essential to the successful operation of a republican democracy. (2) Promotion of effiency and economy in government and business. Information and communication can be used to link our geographically dispersed population an effect faster delivery of educational, medical and other public services in remote areas of the country. In any organization, ready information maximizes internal efficiency. Particularly in business, it reduces cost of production and services. (3) Development of society. – On the material side, it is difficult to imagine a progressive country, in today’s world of high-tech computers, internets, cyberspace and information highways, with antiquated ommunication and information structures. In the last few years, the world has witnessed a steady stream of a technological progress in the field. The Philippines must keep abreast of communication innovations but at the same time be selective and discriminating to insure that only those â€Å"suitable to the needs and aspirations of the nation† (Ibid. : Sec. 10) are adapted. Utilized and managed wisely and efficiently, communication and information are very useful tools for the economic, social, cultural and political development of society. (H. de Leon, Phil. Constitution, p. 9) Sec. 25. The State shall ensure the autonomy of local governments. Autonomy of local governments R. A. 7160, known as the Local Government Code, enacted on January 1, 1992 covers all matters concerning local governments and political subdivisions. Sec. 26. The state shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law. Equal access opportunities for public service This topic discuss ed under Article VI Legislative Department, Sections 4, 5, and 7 and Article X (Local Government), Section 8.Additionally: (1) Limitation of terms of office. – The provisions limiting the terms of office of elective officials (President, Vice President, Senators, Representative and local officials) enhance equal access to political opportunities although they may not completely do way with evils spawned political dynasties that proliferated in the country in the past. With his political and economic resources, an elective official can have a close kin or follower run for the latter.Hence, the need for a declaration expressly prohibiting a political dynasties. (2) Prohibition of political dynasties. – The constitutional policy on the prohibition of political dynasties expresses a national commitment to democratize election and appointment to positions in the government and eliminate a principal obstacle to â€Å"equal opportunities for public service†. It is not uncommon to have the most of the top elective positions in a province (or city) down to barangays occupied by one family and close relatives of the family members.Politicians form husband-wife teams, or father-mother, son-daughter teams and hold to elective positions for decades. The dominance of political families in the past not only kept more deserving but poor individuals from running or winning in elections; it also enabled powerful and affluent politicians to corner appointive positions for their relatives and followers as it they alone are gifted with the ability to serve the country. (3) Prohibition constitutionally mandated. The law implementing the constitutional policy shall define what constitutes political dynasties, having in mind of evils sought to be eradicated and the need to insure the widest possible base for the selection of elective government officials regardless of political, economic and social status. Note that the State is expressly mandated to prohibit â⠂¬Å"political dynasties†. Congress has no discretion on the matter except merely to spell out the meaning and scope of the term. (deLeon,2005,p. 0). Sec. 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. Honesty and Integrity in public service (1) The perennial problem of graft and corruption. – In the Philippines, every new administration since the postwar period has made a pledge to eradicate graft and corruption in government. The popular perception, however, is that this baneful ill has become more rampant and sophisticated through years.To be sure, the above provision was incorporated in the Constitution because of revelations of â€Å"unprecendented magnitude† of graft and corruption allegedly perpetrated by officials in the highest circle of the government during the previous regime. (2) Ways to attack problem. – The malady of graft and corruption must be e liminated or at least minimize to a tolerable degree because of the staggering amount of public money that has been lost through it.What is needed is moral leadership by example on the part of the top officials in the government and a continuing, the public service which have considerably slowed down the socio-economic progress of our country. Having the honest Presidents with the best intentions is not enough to reduce corruption to minimal proportions. This perennial problem cannot be solve by mere empty promises and congressional inquiries, but by prosecuting without the fear or favor and putting behind bars so-called â€Å"big-fishes† found to be involve as concrete examples of the government’s determination to achieve decency in the public service.Any campaign against the scourge of society will be made more effective if accompanied by a morality crusade. (3) Need for honesty and integrity in public service. – The fulfillment of the constitutional mandate w ill go a long way in strengthening the peoples trust in the government and its leaders. It will also ensure the efficient use of the meager resources available for national development. (deLeon,2005,pp. 71-72) Sec. 28.Subject to a reasonable conditions prescribed by law, the state adopts and implements a policy of full public disclosure of all its transactions involving public interest. Full Disclosure by the State of all it’s transactions. 1. Duty of the State – Sec. 7 of the bill of rights guarantees the people’s right of information on matters of public concern and access to records pertaining to official transactions of the government. In the other hand, Sec. 28 requires the State to make public it’s transactions without demand from individual citizens.It stresses the duty of the State to release the information. 2. Transaction covered – The policy covers all State transactions involving public interests, i. e. , transactions which the people h ave a right to know particularly those involving expenditures of public funds. The law, however, may prescribed reasonable conditions for the disclosure to guard against improper or unjustified exercise of the right. The policy will not apply to records involving the security of the State or which are confidential in character. (H. de Leon, Phil. Constitution, pp. 64-72)

Sentencing and penology law Essay Example | Topics and Well Written Essays - 2500 words

Sentencing and penology law - Essay Example 175 in particular. Corlett argues that Kant’s theory does advocate for fairness and human dignity (61). Shoham, Beck and Kett’s examination of Kant’s theory of punishment in International Handbook of Penology and Criminal Justice is very instructive and intuitive and will be relied on it to a greater extent than the others. Kant’s theory is interpreted to mean that if society does not punish offenders, society is complicit in the crime†¦see pp 384-385 for further discussion. Another relevant area of study is the general theory of punishment in the field of criminology: Look at the deterrent principle and how it development as a discipline in criminology see Cragg’s The Practice of Punishment: Towards a Theory of Restorative Justice, beginning at p. 42. Also note Braithwaite’s theory of punishment as expressed in Not Just Deserts: A Republican Theory of Criminal Justice and the move away from deterrence. Use Lord Dennings quote as a lead-in: Lead into the move toward rehabilitative justice as opposed to retribution and deterrence as theories of punishment. See Gaines and Miller Criminal Justice in Action: The Core beginning at p. 259. See also Tonry’s Sentencing Matters on the move away from rehabilitative justice (190 onward). Braitwaite’s discussion on restorative justice in Restorative Justice and Therapeutic Jurisprudence 244-262 should also be incorporated into this section to demonstrate the principles of sentencing and developing theories of punishment. Also tie in Walgrave and Aertsen’s Reintegrative Shaming and Restorative Justice and Bandura’s Mechanishms of Moral Disengagement for arguments in favor of restorative justice as a means of demonstrating that Kant’s theory of punishment is not conducive to the aims and objective of criminal justice. Also look at Austin’s Using Early Release to Relive Prison Crowding: A Dilemma in Public Policy to demonstrate that Kant†™s theory of punishment is