Saturday, November 16, 2019

Bullying in Nursing and Horizontal Violence

Bullying in Nursing and Horizontal Violence Ansamma Joseph Introduction:-3 PART 1:3 1.1 Horizontal violence and bullying in nursing:-.3 SUB – TOPIC:.5 1.2 Disruptive behaviour: -..5 1.2.1 Importance of study of disruptive behaviour:-..6 PART 2:7 2.1 Purpose of the article:-..7 2.2 Arguments and ideas presented by the authors:-.8 2.3 The quality and value of the article:-.8 2.4 Brief reflection of using sources:-9 2.5 Conclusion:-9 References:..10 Introduction:- The topic is based on the most vital issues faced by the health care settings in relation to employee management and relationships. In the field of nursing practice, horizontal violence and bullying in health care organizations is the areas under study in this assignment. In health care centres, the distribution of power may not be appropriate, the prevailing culture and organisational structure may not favour positive employee bonding. Nurses may be subject to violence such as insult, abuse, poor treatment and rude behaviour from the senior staff members, doctors or by management. Generally nurses prefer not to complain against the seniors, and even after complaint they do not get appropriate solution. So the situation is very worse now a day. In context of horizontal violence and bullying, the current study will extensively focus on ‘disruptive behaviour’ towards nurses. PART 1: 1.1 Horizontal violence and bullying in nursing:- Horizontal violence is the violence made by same level of employees’ arguing. In a health care organisation when a nurse abused physically, verbally or emotionally by the senior nurses, it is called horizontal violence. There are several reasons of creating horizontal violence in health care setting those are sabotage, verbal affront, withholding information, infighting, backstabbing, and failure to respect privacy, non-verbal innuendo, undermining activities and broken confidence (Bartholomew, 2006). Reason of Horizontal Violence Sabotage Verbal Affront Infighting Non Verbal Innuendo Undermining Activities Back Stabbing Withholding Information Failure to Respect Privacy Broken Confidence Figure 1:- Reasons for horizontal violence (Bartholomew, 2006 p-86) Bullying in nursing is occur when the senior nurses or senior doctors misuse their power and does insulting behaviour to nurses. In present time bullying is going on continuously and systematically. The nursing supervisor and senior doctors are bullying by offensive abusive, intimidating to the staff nurses. As the nurses don’t have more power so, they can’t say anything to their seniors. Now a day the nurses complain against the horizontal violence and bulling. According to statistics 48% nurse complain for verbal abuses whereas 43% complain about threaten (www.aorn.org/PracticeResources). Horizontal violence and bullying badly affect the staff nurses because through horizontal violence and bullying the nurses exhausted mentally and physically and feel threaten, humiliate, upset and this situation break the nurses’ self confidence. Gradually the nurses feel sick by tolerating these types of behaviour. According to the Longo (2007) because of anger, depression, work pressure, insomnia, increasing stress, anxiety, and loneliness are responsible for this bullying. Not only for the senior staff, due to organisational structure and culture may nurses feel stress. Inadequate training, less salary, toxic environment also makes the nurses in trouble. In the course of horizontal violence and bullying the work place or the health care setting is also badly affect as the nurses are very upset so they can’t provide good services. The service quality is decreasing due to over time and bad work environment. The stressful nurses are showing their angry on the patients and the patients may dissatisfy with their behaviour. SUB – TOPIC: 1.2 Disruptive behaviour: Disruptive behaviour is mostly unemotional behaviour done by an individual or a group to other person. In a health care organisation when the senior nurses rudely and roughly behave with staff nurses then it is also called disruptive behaviour. These types of behaviour have badly impact on the performance of the staff nurses. As the nurses belong from health care organisation so they should maintain the culture of safety, but because of disruptive behaviour the nurses cannot maintain the culture of safety. In an organisation all the members maintain a good communication by which the staff can provide best services, but as the nurses are stressed so they are not able to serve good care. According to Hughes (2009), this disorderly behaviour involves in verbal communication so the nurses are easily made harsh. Most of the nurses lost their interest in work, increase the rate of absenteeism and also don’t want to sustain in the organisation. Element of Disruptive behaviour Misbehaviour by Physician Supervising Nurse Patients and their Family Figure 2: Element of disruptive behaviour (Hughes, 2009, p-35) 1.2.1 Importance of study of disruptive behavior:- It is important to study the disruptive behaviour and also must recognize the reason behind disruptiveness. Only the study can give the solution of this problem. Nurses are most important factor in a health care setting, because they provide the services mean they take care the patients. If the nurses are not mentally and physically stable so they can provide proper services to the patients. In the course of study of disruptive behaviour the organisation may know the reason behind the disruptive behaviour and they can take effective decision to avoid this (www.aacn.nche.edu/Media/FactSheets/NursingShortage.htm). According to Hutchinson (2010) in a health care organisation if the organisational management identify the appropriate reason of disruptiveness and give the proper solution, then the patients get proper take care from the nurses and it also possible to decrease the redundant rate of nurses from the organisation. The staff nurses get facilities because of good work environment and they will able to maintain the culture of safety. Effect of Disruptive Behaviour Affected entire Organization Absenteeism and Redundant of Nurses Patients affected due poor Services Figure 3: Effect of disruptive behaviour (Hutchinson, 2010, p-180) PART 2: 2.1 Purpose of the article:- In contemporary scenario horizontal violence and bullying is creating worse situation not only in health care organisation, in every organisation. Due to horizontal violence and bullying the employees are behaving badly and humiliate to same level employees or lower level employees. This situation is creation a worse work culture in the organisation. As the nurses are belonging from health care organisation so by lateral violence and bulling patients are more affected. The nurses get upset with continuous humiliation (Knopper, 2009). They can’t serve in proper way. This situation is badly affecting the reputation of the organisation. The researcher had chosen this article because recognizing its importance. In everyday life every person needs the health care organisation and if the employees of health care organisation is not provide proper services then the patient will badly affected. Apart from that this problem is now shown in most of the health care organisation. So the organisational management has to take decision very fast to avoid this bad behaviour by which they create a good and flexible work environment for the nurses and the nurses provide proper services. The organisational management incorporates the reason from the study, so this study is most important. 2.2 Arguments and ideas presented by the authors:- In contemporary situation as the lateral violence and bullying is sensitive issue so several authors had researched on this topic to identify the actual reason. According to Stowkowski (2008) organisational staffs are the main reason of violence and bulling, because several nurses have poor moral and value in their personal life and the nurses are used those values in professional place so they badly behave with their staffs. Whereas Simmons (2008) argued that all senior nurses are not bad in nature. Excess work pressure and stress make the nurses annoyed and anxiety and for that reason when they will communicate with their staffs it is affected. Insomnia is one of the big reasons of making anxiety of disruptive behaviour. Randle (2007) opined that the physician, the patient and the family of the patients are also responsible of lateral violence and bullying. Most of the cases the physician abuse to the supervising nurse and they show their anger to staff nurses. Apart from that the patients and their family also misbehave with the nurses and most of the nurses can’t express in front of them. In this situation they feel humiliation and increase absenteeism and redundant. According to Knopper (2009) the physician does miscommunication with the nurses when they go to them for clarify medication prescription. On the other hand according to Hughes, (2009) the organisation is also responsible for bullying and lateral violence. The organisation paid less salary, demand over time job from the nurses due to less employee recruitment. For those reason the nurses also feel anxiety and result is horizontal violence and bullying, where the author Bartholomew (2006) also add the backstabbing, verbal affront, infighting between the employees, and personal problem also the reason of horizontal violence and bulling. 2.3 The quality and value of the article:- The overall data used in the topic is up to date and not vague. The information is not manipulated. As this is used for academic purpose not for commercial purpose the researcher used all up to date sources. To make a good and valuable assignment the researchers used secondary data collection method and collect effective information from those data. These information help to the researcher to understand the topic and the reason related to the topic. 2.4 Brief reflection of using sources:- During the time of researching the researcher had faced several problems. Most of the nurses can reveal their problem to other as they have chance to cut out of job from the organisation. The nurses also don’t want to complain against senior nurses and physician. From the research the researcher also gain lots of social issues. The powerful person always gets more facilities comparing to lower level staff. In a health organisation most important factor is strong work environment and maintaining culture of safety. 2.5 Conclusion:- From the above topic it is conclude that horizontal violence and bulling in nursing is a big issue that makes a critical situation in health care organisation. The physician, patient and their family, supervising nurses are behave very bad and humiliate to the staff nurses most of the time. This is the reason the nurses get upset and also feel annoyed and anxiety and gradually it increase the rate of absenteeism and redundant. Reference:- American Association of Colleges of Nurses (2007, October), Nursing Shortage, Retrieved December 4, 2007, from http://www.aacn.nche.edu/Media/FactSheets/NursingShortage.htm. AORN, (2006), Creating a Patient Safety Culture. Retrieved January 7, 2008, from http://www.aorn.org/PracticeResources/AORNPositionStatements/Position_Creating a Patient Safety Culture. Bartholomew, K. (2006). Ending nurse-to nurse hostility, Marblehead, MA 01945: HCPRO, Inc. Hughes, N. (2009). Bullies in health care beware. American Nurse Today. 3(6), 35. Hutchinson,M., Wilkes, L.,Jackson,D., Vickers, M. (2010), â€Å"Integrating individual, work group and organizational factors: Testing a multidimensional model of bullying in the nursing workplace†. Journal of Nursing Management, 18(2), 173-181. Knopper, M. (2009), Putting a stop to medical road rage. Clinician Reviews, 19(1), 8. Longo, J., Sherman, R. O. (2007), levelling horizontal violence, Nursing Management, 38(3), 34- 37, 50, 51. Randle, J., Stevenson,K., Grayling L. (2007), Reducing workplace bullying inhealthcare organizations. Nursing Standard, 21(22), 49-56. Stowkowski,L.(2008), A callto endbullying in theworkplace, Advancesin Neonatal Care, 8(5), 252-253. Simmons,S.(2008) Workplace bullying experiencedby Massachusetts registered nurses and the relationship to intention to leave the organization, Advances in Nursing Science 31(2), E48 E59. 1

Wednesday, November 13, 2019

Good Will Hunting Essays -- Film Analysis, Good Will Hunting

A studious young man, an open book these two images swirl around the screen in a kaleidoscope effect, this was the introductory scene of "Good Will Hunting." This scene is followed by Ben Afflick, knocking on Will's door, when Will comes out a credit rolls by that says, "screenplay written by Ben Afflick and Matt Damon," just as the two walk side by side. This shows how perfectly the makers of this movie have everything timed, down to the credits. Also, the timing shows when the professor's assistant and Will are alone and the assistant tells Will how lucky he is to have someone believe in him as the professor does. Just as he finishes saying this the professor walks in and suddenly the assistant has something better to do than just sit there so he gets up and leaves. The cinematography in this movie is good, as right of way the viewer of this movie knows Will lives in one of the poorer sections of Boston, as his front yard is cluttered with junk and the look of t he neighborhood surrounding his house is anything but colorful. The neighborhood looks gray and drab. Also, one of the many settings is a local bar which has the look of a neighborhood bar with Christmas type lights strung and normal looking people filling the place. Another setting is a Harvard classroom and a community college classroom. In the Harvard classroom the students appear to be attentive, clean cut, well dressed, and enthusiastic, while the students in the community classroom are bar...

Monday, November 11, 2019

Defilement: Human Sexual Behavior and Child

KENYATTA UNIVERSITY BACCALAUREUS LEGUM – LLB LPR 205 JUDICIAL ATTACHMENT REPORT PRESENTED IN FULFILMENT OF PART OF THE COURSE REQUIREMENTS TITLE OF REPORT: STUDENT NAME: MUTITU EVELYNE . W. STUDENT REGISTRATION No: L95S/7061/2009 WORD COUNT: 4480 ————————————————- DATE OF SUBMITTING REPORT: ————————————————- THURSDAY, 29TH SEPTEMBER 2011 ————————————————- ————————————————- I am aware of academic rules on plagiarism and state that the work covered by this report is my own and does not contain any unacknowledged work from other sources. ————————————————- PRINT NAME: MUTITU EVELYNE . W. ————————————————- SIGNATURE: ————————————————- TABLE OF CONTENTS: 1. 0: ABSTACT 1. 1: Objectives 1. 2: Method 2. 0: INTRODUCTION 3. 0: BODY 3. 1: Definition of defilement 3. 2: Background of defilement in Kenya 3. 3: Statistics on defilement in Kenya 3. 4: Perpetrators of defilement in Kenya. 3. : Age of defilement victims in Kenya 3. 6: Possible explanations as to why defilement is on the rise 3. 6. 1: Gender inequality and patriarchal notion s 3. 6. 2: Cultural practises 3. 6. 3: Poverty 3. 6. 4: Cultural and social stereotypes 3. 6. 5: Failed institutions 3. 7: Laws governing the prosecution of sexual violence against children: 3. 7. 1: The constitution 3. 7. 2: Sexual offences act, 2006 3. 7. 3: The children’s act 3. 7. 4: The criminal procedure code 3. 7. 5: The employment act 3. 8: Challenges for seeking redress in sexually assaulted children: 3. 8. 1: Slow judicial system . 8. 2: P3 and PRC form 3. 8. 3: Poor investigation and prosecution 3. 8. 4: Conflicting medical reports 3. 8. 5: Cultural and social stigma in reporting cases 3. 8. 6: Ignorance of the public 3. 8. 7: Gender desks 4. 0: CONCLUSION: 4. 1: Possible avenues of dealing with defilement 4. 1. 1: Applying the equality provisions in the new constitution 4. 1. 2: Civic education 4. 1. 3: Advanced technology in collecting evidence 4. 1. 4: Legislation to curb cultural practises encouraging defilement 4. 1. 5: Special desks in police stations for sex ually assaulted victims 4. . 6: Homes for abused children 4. 1. 7: The sexual offences act 4. 2: In summery 4. 3: Acknowledgement 4. 4: Recommendation 5. 0: References: 5. 1: Statutes 5. 2: other sources DEFILEMENT MENACES A FREQUENT GUEST IN THE CORRIDORS OF JUSTICE: 1. 0: ABSTRACT: 1. 1: OBJECTIVE: The objective of this research was to find out why the number of defilement cases is increasing daily yet most of the other crimes are decreasing. It is also meant to find out if the judiciary is doing enough to curb this social evil and if has played any role in its rise. 1. 2: METHOD: I spent two months at Limuru law court and I listened to numerous defilement trials. I held several discussions with the Magistrate and children officers and consulted numerous researches done on the same. 2. 0: INTRODUCTION: Under the SEXUAL OFFENCES ACT (2006) a person who defiles a child aged eleven years or below shall upon conviction be sentenced to imprisonment for life; if the child is aged between 12 and 15 years, the term of imprisonment shall not less than 20years; and if the child is between 16-18 years old, the defiler faces a term of no less than 15 years behind bars. These are penalties that one would hope would scare the wits out of any person who is at least of reasonably sound mind from conceiving the slightest idea of defiling a minor in Kenya, but judging from the rampant cases of defilement this is not so. The make-up of the society is that a parent gives birth to a child and natures it, teaching it to grow into a responsible human being. The teacher then takes up the responsibility of nurturing when the child is about four years of age impacting knowledge on the child. The church impacts moral values on the child and the rest of the society moulds this child in preparation for greater responsibilities in the future. A child is a vulnerable member of society as they can barely survive on their own. The society is mandated with the responsibility of protecting the child but it has abandoned that responsibility and even those closest to these children are hurting them. About one in every five reported crimes around Limuru area was a sexual offence and most of them being defilement cases. This disturbing practise has not only affected the girl child but even the boy child is no longer safe. The shocking revelation is that half of the defilement cases are by a relative followed by Close family friends, teachers and very few have strangers involved. Most of the children are defiled at their homes, at a relative’s house, on their way to school or to the shop. The home which was a safe heaven for every child is no longer safe and neither are the schools where these children spend the better part of their day. Several questions linger in the mind as one tries to figure out why Kenyan society has seemingly turned this way. Was this evil ever-present but just not reported in the way it is today? Is it a sad reality recently revealed, or a growing modern menace? Does it derive from ignorance, perversity, or just plain evil? Are these the tell-tale signs of the last days as described in the Book of Revelations as some would have it, or are they just illustrations of a decaying society? And how do we stop this abomination? One does not have to be a devout Christian to hope a millstone will be cast about the neck of each and every perpetrator before they are thrown into the water. Neither does one have to be a reactionary to believe that the development of our modern society has had a role to play. Either way, this appalling issue has to be urgently addressed. 3. 0: BODY: 3. 1: DEFINATION OF DEFILMENT: Oxford dictionary: to damage the purity or the appearance of something. Sexual Offences Act: S. 8 a person who commits an act which causes penetration with a child. . 2: BACKGROUND OF SEXUAL VIOLENCE IN KENYA: The African man has always been viewed as superior to the woman. Most of the African cultures portray the man as a superior being who should be obeyed without question. On the other hand the woman is painted as a submissive creature availed for the pleasure of men. This is aptly demonstrated in most of the Kenyan cultures. For example, the kikuyu culture calls the man mundu murume the word murume is derived from the word urume which means extremely courageous. In contrast, the woman is known as mutumia which is derived from the word tumia which means use. This is a major reason why the kikuyu man not only considers himself as the dominant sex but also sees a woman simply as a vessel for his use (Kariuki 2004). Most cultures portray the girl child as an investment and usually when her time to get married comes what matters is the bride price they will receive. Often when a girl is getting married her parents will advise her to obey her husband and take care of him lest he will demand back the bride price (Davison 1989). The boy child on the other hand is brought up being taught that it is weakness for a man to succumb to emotion as it makes you like a woman. And as most men age, they learn to cancel out or deny erotic sensations that are not specifically linked to what they think a real man is to feel (Stoltenberg 1989:33). The boys are raised up learning that a man gives instructions that should be followed without question and even couple of Kenyan communities have encouraged chastising of women. Being a man is measured through violence and sex capability. So, when masculinity is associated with aggression and sex conquest ,domineering sexual behavior and violence become not only a means of structuring power relations between men and women , but also a way of establishing power relations among men (Heise 1995). In Kenya, it reaches its most extreme expression possibly among the Gusii, for which LeVine (1959) wrote that all sexual intercourse was played as rape with women even in marriage expected to resist 3. 3: STATISTICS ON DEFILEMENT IN KENYA: * In 1991- in a mixed boys’ school, boys invaded girls’ dormitory and raped 70 girls leading to 19 deaths. 2 May 1992, 15 girls were raped at Hawinga Girls, Nyanza province. * A joint report by TSC and a non-profitable organization revealed that 12660 students were sexually abused by their male teachers from 2003-2007. Out of all these only 633 teachers were charged with sexual abuse. * In 2010 more than 1000 teachers were fired for sexually abusing girls. * In a standard newspap er article published on 09/02/2010 there was a story of a teacher who defiled a deaf girl getting her pregnant. * In 2004, 140 cases of students being defiled by teachers were reported, in 2008, 100 cases were reported and in 2009, 122 cases were reported. Out of every 100 rape cases handled by police, child rights groups, and selected hospitals, 40 were committed by fathers; according to the study conducted by the Chambers of Justice * Police statistics showed that rape and defilement were the most prevalent crimes in 2010 even as other offences reduced by 5%. * Out of 57826 crimes reported in 2010, 785 were rapes and 2660 were defilements. In 2009 729 were rapes and 2242 were defilements. * A report given by the media in 2005 showed the following results: MONTH| RAPE| DEFILEMENT| July| 33| 51| August| 10| 22| September| 3| 28| October| 0| 15| November| 7| 18| December| 6| 27| TOTAL| 59| 161| * 42 cases of sodomy were also reported between July and December of 2005. 3. 4: PERPETRATORS: Several researches have shown that fathers are the greatest perpetrators out of 100 reported cases 40 are by fathers. Other family members, neighbors, teachers and gangs are also topping the list. A research paper titled, â€Å"A media coverage on sexual violence and its implication on educational leadership† carried out by J. wanjiku Khamasi & Wanjiru Muita showed the following results. OFFENDER PROFILE BY NUMBER OF INCIDENCES REPORTED: In R v MICHINO NJOROGE, LIMURU SPM, CR 69 OF 2011, 08/06/2011. The accused person was a cousin to the victim. In R v GODFREY MUGENDI NYAGAH. LIMURU SPM, CR 926 0F 2011, 27/06/2011, the accused was a neighbour. In R v JOHN NJIHIA KAHURO. LIMURU SPM, CR 256 OF 2010, 30/06/2011, the accused was a cousin to the victim and he even impregnated her forcing her to procure an abortion as she had a heart problem which couldn’t allow her to carry the pregnancy at her age. In R v MOSES WAFULA. LIMURU SPM CR 451 OF 2011,28/07/2011 The accused was a father to the victim. These are just a few examples of the many defilement cases in Limuru carried out by either a family member or a neighbour. 3. 5: AGE OF DEFILEMENT VICTIMS: Defilers are going for younger girls every single day. In Limuru the victims were aged between 9 to 15 years. In R v ANTHONY NJIHIA WANGARI. LIMURU SPM CR 401 OF 2011 29/06/2011. The victim was a 9year old girl. In R v CHARLES KIEMO LIMURU SPM CR 1130 OF 2010, 18/07/2011. The victims were boys aged 12 and 14 years. In R v MOSES WAFULA. LIMURU SPM CR 451 OF 2011. 28/07/2011, the victim was a 10 year old girl. Researches have shown that even one month old babies are being defiled. ( J. wanjiku Khamasi & Wanjiru Muita) in a research paper titled â€Å"violence against women† by Winnie . v. mitulla show that in 1996, 9 children of age 2 – 4; 12 of age 5 – 7; 10 of age 8 – 10; 8 of age 11 – 13 and 6 of age 14 were defiled; whereas in 1995, 7 children of age 2 – 4; 13 of age 5 – 7; 22 of age 8 – 10; 7 of 11 – 13 and 10 of 14 – 16 were defiled. hese may not be the exact numbers but they paint a vague picture of how children are suffering in the hands of defilers. 3. 6: POSSIBLE EXPLANATIONS OF WHY DEFILEMENT IS ON THE RISE: 3. 6. 1: GENDER INEQUALITY AND PATRIACAL NOTIONS: The Kenyan society has been natured in a way suggesting that the man is superior while the woman is inferior and is meant to be submissive to the man. As a result most women lack the ability to protect their children from their abusive husbands. Some even leave their matrimonial homes due to the degree of suffering inflicted by their husbands leaving behind their children. I was reading a blog ion the internet where a girl narrates her ordeal after her mother left due to constant beating by her father. As the first born she assumed her mother’s duties which included having sex with her father who forced her to share a bed with him. In R v MOSES WAFULA, LIMURU SPM CR 451 OF 2011, 28TH JULY 2011. The accused person actually threatened to kill the victim, who was his daughter, and her mother if he was sent to jail. The mother to the accused was quoted saying that his son was the man of the house and his wife had no right to question his actions 3. 6. : CULTURAL PRACTISES: Some of the cultural practises in Kenya have done more harm than good to the Kenyan child. An example is the Samburu community which practises a cultural practise known as beading. They justify this practise claiming it prevents promiscuity when instead it encourages incest. Beading means that a girl as young as 9 years old is engaged to a relative sometimes as old as her grandfat her by use of traditional attires popularly referred to as beads. During the engagement, the admirer places a special necklace around the girl's neck to signify he has officially booked the young one. He follows this by bringing beads in large quantities which are also put in girl's neck as a sign of official commencement of intimate relationship though it does not lead to marriage as the two are related. The â€Å"couple† is allowed to have sexual intercourse but pregnancy is highly forbidden. Incas it does happen, it has to be terminated immediately despite the high risks involved. Early marriage which has been a widely practised culture is also defilement in its own sense because girls as young as 5years are forcefully married to older men. In a research paper entitled ‘gender, sexuality, and HIV’ a girl from Amhara Ethiopia is quoted saying that,† she hates early marriages as she was married off at five years and first had sex at 9 years. She says that her in-laws forced her to sleep with her husband who made her suffer all night and after that night whenever day became night she was worried that she would go through the same ordeal. † In R v MOSES WAFULA, LIMURU SPM CR 451 OF 2011, 28TH JULY 2011. The victim while giving her evidence tried to withdraw her statement that her father had defiled her. On realising this, the prosecutor informed the magistrate and when they carried out an inquiry it came to their attention that the victim and the mother had been threatened by the accused’s mother. When we were in chambers the magistrate told us that in some customs fathers have sexual intercourse with their daughters as a way of appreciating themselves for raising them up. It sounds so absurd but it’s actually happening. 3. 6. 3: POVERTY: Poverty in Kenya has become a reason for every social evil. Children have to look for casual work in order to assist their parents in meeting basic needs. Incidences where a student was defiled while cleaning or fetching water for their teachers are very common. Aside from that some children are defiled and their defilers offer compensation to their parents who quickly take their money focusing on their economic problems. In R v JOHN NJIHIA KAHURO, LIMURU SPM CR 256 OF 2010, 30/06/2011. The accused was the victim’s cousin and he actually impregnated her. The father of the accused offered to compensate but luckily the victim’s mother in this case refused to accept it. However very many defilement cases go unreported as parents prefer to take the money leaving this social evil unpunished. Powerful men in the society also defile young girls and go unpunished as they are able to bribe the police and magistrates earning their freedom. This encourages people with power and money to take advantage of children as they know they can easily get away with it. 3. 6. 4: CULTURAL& SOCIAL STEREOTYPES: According to the Pocket Oxford Dictionary, a stereotype is a ‘person or thing seeming to conform to a heavily accepted type’. Sex-role stereotypes have also been defined as ‘the rigidly held and oversimplified beliefs that MALES & FEMALES possess distinct (and similar) psychological traits and characteristics. ‘Traditionally, the female stereotypic role is to marry and have children. She is also to put her family's welfare before her own; be loving, compassionate, caring, nurturing, and sympathetic; and find time to be sexy and feel beautiful. The male stereotypic role is to be the financial provider. He is also to be assertive, competitive, independent, courageous, and career-focused; hold his emotions in check; and always initiate sex. Owing to the expectation that men should be breadwinners in the family, men turn to aggression in an attempt to suppress their status and continue dominating their wives or their close female relations when they perceive an economic rise by them. This means that the woman remains dependant on the man and condones his violent acts. This affects the children as they have no one to protect them as their mothers are week. Most of these girls believe they should be submissive and end up not even telling anyone their ordeal. Which is why some cases will go undiscovered unless the girl gets pregnant or contracts a disease. The woman is meant to keep herself for her husband and society views a lady who is not a virgin as lose. The value attached to female chastity is so high that even where a woman is a survivor of sexual abuse, the typical community response is to isolate and stigmatise her. The shame and stigma attached to sexual violence, and the lenient penalties meted out on offenders in formal and traditional judicial systems, silences survivors. 3. 6. 5: FAILED INSTITUTIONS: The collapse of the rule of law in conflict situations encourages sexual crimes on a massive scale. The difference between the protector and the perpetrator is not clear anymore. The perpetrators and perpetuators of sexual violence in conflict and non-conflict settings are categorised into three groups. First the disciplined forces e. g. the police, army et. al. secondly family members and the community and thirdly the structures and institutions of protection (the government and its organs, UN, AU, and other humanitarian organisations). It is often difficult to tackle impunity for sexual crimes committed during conflict because perpetrators and perpetuators often take up powerful positions in post-conflict governments. This gives them an avenue to intimidate their victims. The UN and similar institutions refuse to take responsibility for these crimes. Their correction policy often entails forwarding offenders together with reports on them to their respective countries’ judicial systems. This practise takes away any hope of justice for the survivors. This is very evident in Kenya as very many children were defiled during the 2007-2008 post-election violence and 4 years down the line no justice has been granted. We are only hoping that the ICC can give the survivors some peace of mind but we all know that, that is still miles away from happening. 3. 7: LAWS GOVERNING THE PROSECUTION OF SEXUAL VIOLENCE AGAINST CHILDREN: 3. 7. 1: The Constitution of Kenya: the bill of rights S. 53(1) (d) states that every child has a right to be protected from abuse, neglect, harmful cultural Practises, all forms of violence, inhuman treatment and punishment and hazardous or exploitive labour. . 7. 2: Sexual Offences Act, 2006: defilement of a child: * Aged 11 years or less- life imprisonment. * Aged between 12-15 years- not less than 20years. * Aged between 16- 18 years- not less than 15 years 3. 7. 3: The Children’s Act, 2001: S. 13(1) provides that a child is entitled to protection from physical and psychological abuse, neglect and any oth er form of exploitation including sale, trafficking or abduction by any person. 3. 7. 4: The Criminal Procedure Code, cap 75 of the laws of Kenya: S. 186 3. 7. 5: The Employment Act, 2007: S. 6 3. : CHALLENGES FOR SEEKING REDRESS IN SEXUALLY ASSAULTED CHILDREN: 3. 8. 1: SLOW JUDICIAL SYSTEM: It becomes very frustrating for the complainant, the children, and those filing the suit on behalf of the children when a matter takes over two years to be resolved. The prosecution tends to seek endless adjournments for various reasons to wit, lack of police file, witness not being in court, absence of the doctor or the investigating officer amongst other things. Courts are supposed to be liberators but instead they have become instruments of subjugation. 3. 8. 2: P3 AND PRC FORM: Defilement victims are required to fill a P3 form after being examined at a government hospital however the P3 form is not detailed and is inadequate to fill. The PRC form was introduced during the national reproductive health strategy 2009-2012 it was meant to replace the P3 form but some doctors have said it’s too detailed and it feels like a research tool, whereas the P3 Form is very basic as it catches the physical state and any injuries to the genitalia, with special reference to the labia majora, labia minora, vagina, cervix and also notes presence of discharge or venereal diseases. The P3 form is supposed to be given free of charge but in some hospitals in rural areas it is sold at ksh. 1500 which they say is the doctor’s fee to go and testify in court and this makes some people prefer to spend that money on other basic needs rather than on a document. 3. 8. 3: POOR INVESTIGATIONS AND PROSECUTIONS: Police prosecutors have little knowledge on the essentials of evidence. This makes their prosecution very poor and the experienced advocates have a very easy time defeating the prosecution case. The police also tend to mishandle exhibits and there are endless incidences of missing police files. There is also a lot of corruption within the police circles especially if the accused person is influential or one of them. 3. 8. 4: CONFLICTING MEDICAL REPORTS: When the victim is defiled they go hospital for first aid, they are then sent to a government hospital for the P3 form to be filled. In most cases the doctor who treat the victim and the one who fills the P3 form give conflicting reports putting reasonable doubt in the prosecution case. 3. 8. 5: CULTURAL AND SOCIAL STIGMA IN REPORTING CASES: In most Kenyan cultures topics on sex are still discussed in hushed tones. The importance of a girl being married as a virgin is still over emphasized. This means that a defiled child is unclean and is hence stigmatised. In some cases the child is even blamed. Some parents silence their children as they believe if people know no one will want to marry them and if anyone does the bride price will be very little. This makes most people opt for other methods of conflict resolution. 3. 8. 6: IGNORANCE OF THE PUBLIC: Despite the many awareness programs and campaigns carried out most Kenyans still have no idea of what they should do in the case of sexual violence. Most will not go to hospital as they do not know about the 72 hours policy. Others will clean the defiled child and the clothes they were wearing hence destroying evidence, making the police reluctant to prosecute due to lack of physical evidence. 3. 8. 7: GENDER DESKS: Police have no skills on how to handle cases of sexual abuse. There are minimum resources to equip and train police officers on how to effectively manage gender desks. 4. 0: CONCLUSION: 4. 1: POSSIBLE AVENUES OF DEALING WITH DEFILEMENT: 4. 1. 1: APPLYING THE EQUALITY PROVISIONS IN THE NEW CONSTITUTION: S. 9: entitles everyone to the right of freedom and security. Which includes the right not to be subjected to any form of violence from either public or private sources. S. 53: Every child has a right to be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment, and hazardous or exploitative labour S. 27: states that everyone is equal before the law and have a right to equal protection and equal benefits under the law. These provisions emphasize that a child is as important as every other person and should be protected. If we emphasize these provisions then we will all take it upon ourselves to protect children from this inhuman practise. Each one of us will know we have a responsibility to protect the child. 4. 1. 2: CIVIL EDUCATION: We need to educate Kenyans that defilement is not the victim’s fault and that emergency measures need to be taken in the case of a child being defiled. they need to understand that it is in the best interest of the child to be taken to a hospital within the first 72 hours as it makes it possible to prevent some sexually transmitted infections. It also ensures that there is unquestionable evidence making prosecution easier. 4. 1. 3: ADVANCED TECHNOLOGY IN COLLECTING EVIDENCE: It may be definite that a child was defiled but at times it becomes hard to connect the accused person to that crime. Measures like DNA need to be incorporated in collecting evidence in defilement cases. This is to ensure that the defence has very little avenues to create doubt as the burden of proof in criminal cases is very high. It will also add weight to the P3 form evidence. 4. 1. : LEGISLATION TO CURB CULTURAL PRACTISES ENCOURAGING DEFILEMENT: As earlier stated in this paper some of our cultures are the reason why we are still struggling with defilement in Kenya. It’s about time parliament enacted laws that curb practises that infringe the rights of children exposing them to sexual violence and exploitation. The government has a responsibility to protect its citizens and children are part of that responsibility. Severe punishments should b e set for parents who marry off their young daughters, those carrying out FGM, those practising things like beading among others. We are our culture however that does not justify inhuman practises that ruin tomorrow’s generation. 4. 1. 5: SPECIAL DESKS IN POLICE STATIONS FOR SEXUALLY ASSAULTED VICTIMS: The government needs to train some officers to specifically deal with sexual assaulted victims. There should be a special desk for sexually assaulted victims where they will be accorded special care and advised on the measures they should take. They should also accord these victims protection from further abuse. 4. 1. 6: HOMES FOR ABUSED CHILDREN: Children being abused in their own homes should be taken away by children officers and placed in homes. This way they will be protecting these children from more harm. They will also give these children counselling and hopefully these children can live a normal life someday. 4. 1. 7: THE SEXUAL OFFENCES ACT: I still feel like the life sentence is too lenient. A person who defiles a child as young as 3months old is not any better than a murderer because a child this young has very few chances of a normal life after that ordeal. I strongly feel castration is a punishment that should be incorporated into the act. No disorder or any other explanation people have attempted to offer can justify this inhumanity and with the rate at which it’s raising people need to realise the seriousness of their actions. 4. 2: IN SUMMERY: Defilement is an evil that’s on the rise every day in this country. And it’s not just the girl child crying out but even the boy child is no longer safe. Children are Kenya’s future and if we don’t destroy this villain called defilement in a few years we will be having a generation of abused, angry and people craving for revenge. This will breed a generation of criminals which means we are destroying Kenya’s tomorrow. So we all have a mandate to stop this evil. I hope by the time i am admitted into the bar I will not experience what I saw during my judicial attachment. 4. 3: ACKNOWLEDGEMENT: I would like to thank the school for the chance and support through my judicial attachment. I would also like to thank madam Ireri, Limuru resident magistrate, for her devoted support and all the Limuru court staff in general. 4. 4: RECOMMENDATION: I recommend this this report to NGOs dealing with sexual violence and children rights, Legal scholars and the public in general. 5. 0: REFERENCES: 5. 1: STATUTES: 1. The Sexual Offences Act,2006 2. The Children Act 3. The Constitution 2010 4. ANPPCAN Kenya chapter. 5. The UN Convention on the Rights of the Child. 6. Limuru Law Courts Case Law 5. 2: OTHER SOURCES: 1. J. Wanjiku Khamasi & Wairimu Muita. (1991). WORLD HEALTH ORGANISATION. Media Coverage of Sexual Violence and its Implications on Educational Leadership. retrieved August 08,2011, from www. kaeam. r. ke/e-journal/articles/vol1/wanjikufulltext. pdf 2. Kenya country profile. (April 2009). Retrieved August 08, 2010, from www. cartercenter. org/peace/human_rights/defenders/†¦ /kenya. html 3. Sasha Hart. (August 9 2011). Police (in)action as an access to justice barrier for â€Å"defilement† victims. Retrieved august 12, 2011, from www. blogs. mcgill. ca/humanrightsinterns/2011/08/09/police-inaction-as-an-access-to- justice-barrier-for-defilement-victims/ 4. Christine Kung’u. (January, 24 2011). â€Å"160 Girls† University of Toronto, IHRP Panel Presentation. Retrieved August 12 2011 from, www. theequalityeffects. org/pdfs/160%20girls. pdf 5. Standard team. (June 1 2005). Shocking statistics on fathers defiling daughters. Retrieved August 13 2011 from, www. groups. yahoo. com/group/MahdiUnite/message/7472 6. Winnie V. Mitullah. (July 1997). violence against women. Retrieved August 15 2011 from,www. ieakenya. or. ke/documents/Profiling%20Women%20in%20Kenya. pdf 7. Gender sensitivity. (February 2000). Retrieved on August 17 2011 from, www. unesco. org/education/mebam/module_5. pdf

Saturday, November 9, 2019

CITY LIFE OR LIVING IN THE COUNTRYSIDE Essays - Chinese Society

CITY LIFE OR LIVING IN THE COUNTRYSIDE Essays - Chinese Society Grichikhina Anastasia 2 MO 31 CITY LIFE OR LIVING IN THE COUNTRYSIDE The Bible says: God made the country and man made the town. Nowadays more and more people enjoy living in the countryside. Due to the fact, there is a controversial debate whether such a life has more advantages than disadvantages. Some people, looking for a simple existence, prefer the space and natural rhythms that the countryside offers. Consequently, they believe that it has more positive effects. The others disagree, because they are enchanted by the constant buzz of the city streets filled with endless activities and opportunities. As a result, they stay at their towns. Country life supplies a number of advantages which cities lack. To begin with, the countryside is less polluted and the traffic is not so heavy. You are fit and you do not need to worry about your health condition, because in the country the air and water are so clean. Moreover, living in the countryside is much cheaper than it is in the city, so you may afford many other things, because the prices are lower. The other positive side is the safety. In the rural area the crime rate is much lower. There are not a lot of housebreaks and a possibility of burglary is also lower. In the countryside people keep eyes on neighbors estates. They always react when something strange is happening. As for people who disagree with this point of view, they say that moving to the country is a silly mistake. The unemployment rate is much higher than in the city, that is why there is always the lack of money. So, it is impossible to provide for the family and to enjoy all delights of life. Also, there is a problem of communication. If there is no own car in the family, its members will definitely depend on those who have it, because they will not have a chance to get to the city. What is more, it is important to mention that all the universities and colleges are concentrated in the cities. It will be a real problem to express your ability to study what you like and after graduating to find a well-paid job if you live in the country. To sum up, the accuracy of the issue is doubtful. There are both pros and cons of living in the countryside. The choice between living in the country or in the city depends a lot on the personality and preferences of a person. However, there are and have always been people eager to move out of city despite all the difficulties involved. 265 words

Wednesday, November 6, 2019

Forest Surveying Methods to Find Forest Boundaries

Forest Surveying Methods to Find Forest Boundaries With the advent of public use of geographic positioning systems and the availability of aerial photographs (Google Earth) for free over the internet, forest surveyors now have extraordinary tools available to do make accurate surveys of forests. Still, along with these new tools, foresters also depend on time-tested techniques to reconstruct forest boundaries. Remember that professional surveyors have traditionally established nearly all original landlines but landowners and foresters have a need to retrace and reestablish lines which either disappear or become difficult to find as time passes. A Fundamental Unit of Horizontal Measurement: The Chain The fundamental unit of horizontal land measurement used by foresters and forest owners is the  surveyors or Gunters chain  (Buy from Ben Meadows) with a length of 66 feet. This metal tape chain is often scribed into 100 equal parts which are called links. The important thing about using the chain is that it is the preferred unit of measure on all public U.S. Government Land Survey maps (mostly west of the Mississippi River), which include millions of mapped acres charted in sections, townships and ranges. Foresters prefer using the same system and units of measure that were originally used to survey most forest boundaries on public land. A simple calculation from chained dimensions to acres is the reason the chain was used in the initial public land survey and the reason it is still so popular today. Areas expressed in square chains can be easily converted to acres by dividing by 10 - ten square chains equals one acre! Even more attractive is that if a tract of land is a mile square or 80 chains on each side you have 640 acres or a section of land. That section can be quartered again and again to 160 acres and 40 acres. One problem using the chain universally is that it was not used when land was measured and mapped in the original 13 American colonies. Metes and bounds (basically physical descriptions of trees, fences, and waterways) were used by colonial surveyors and adopted by owners before the public lands system was adopted. These have now been replaced by bearings and distances off permanent corners and monuments. Measuring Horizontal Distance There are two preferred ways foresters measure horizontal distance - either by pacing or by chaining. Pacing is a rudimentary technique that roughly estimates a distance while chaining more accurately determines distance. They both have a place when determining horizontal distance on forested tracts. Pacing is used when a quick search for survey monuments/waypoints/points of interest might be useful but when you dont have the help or time to carry and drop a chain. Pacing is more accurate on moderate terrain where a natural step can be taken but can be used in most situations with practice and the use of topographic maps or aerial photo maps. Foresters of average height and stride have a natural pace (two steps) of 12 to 13 per chain. To determine your natural two-step pace: pace the 66-foot distance enough times to determine your personal average two-step pace. Chaining is a more exact measurement using two people with a 66-foot steel tape and a compass. Pins are used to accurately determine the count of chain length drops and the rear chainman uses the compass to determine the correct bearing. In rough or sloping terrain, a chain has to be held high off the ground to level position to increase accuracy. Using a Compass to Determine Bearings and Angles Compasses come in many variations but most are either handheld or mounted on a staff or tripod. A known starting point and a bearing are necessary for beginning any land survey and finding points or corners. Knowing local sources of magnetic interference on your compass and setting the correct magnetic declination is important. The compass most used for forest surveying has a magnetized needle mounted on a pivot point and enclosed in a waterproof housing that has been graduated in degrees. The housing is attached to a sighting base with a mirrored sight. A hinged mirror lid allows you to look at the needle at the same moment you site your destination point. The graduated degrees displayed on a compass are horizontal angles called bearings or azimuths and expressed in degrees ( °). There are 360: azimuth of 240 ° bearing of S60 °W and so on. One thing to remember is that your compass needle always points to magnetic north, not true north (the north pole). Magnetic north can change as much as -20 ° in North America and can significantly affect compass accuracy if not corrected (especially in the North East and far West). This change from true north is called magnetic declination and the best survey compasses have an adjustment feature. These corrections can be found on isogonic charts provided by this U.S. Geological Survey download. On reestablishing or retracing property lines, all angles should be recorded as the true bearing and not the declination corrected bearing. You need to set the declination value where the north end of the compass needle reads true north when the line of sight points in that direction. Most compasses have a graduated degree circle that can be turned counterclockwise for east declination and clockwise for west declination. Changing magnetic bearings to true bearings is slightly more complicated as declinations must be added in two quadrants and subtracted in the other two. If there is no way to set your compass declination directly, you can mentally make an allowance in the field or record magnetic bearings and correct later in the office.

Monday, November 4, 2019

Learning Styles Comparison Coursework Example | Topics and Well Written Essays - 1000 words

Learning Styles Comparison - Coursework Example According to the Indiana University website, there exists three major learning styles which are visual, auditory and kinesthetic (Indiana University, 2008). The three major styles are discussed in the list below. Learners who use this style of learning heavily rely on their sense of sight. They learn optimally by looking at information presented in a visual form such as graphs, pictures, charts, maps, colors and other forms of diagrams. They are able to make meaningful conclusions from these diagrams. They also good in recalling information from documentaries, movies or motion pictures. Commonly, visual learners are easily distracted if they listen while looking at pictures or diagrams. They also easily recall things that were written down thus taking notes is a great aid to their learning (Indiana University, 2008). This learning style heavily utilizes a learner’s listening ability. Learners are able to understand and easily recall things that they were told or explained to by others. Auditory learners understand better if a set of instructions is read out to them rather than reading them by themselves. They are also better in reading and understanding body language from other individuals they interact with. If they want to internalize information, they can do this easily by reciting the information. Commonly, auditory learners have talents in music and they easily differentiate voices and noises of different things. This learning style heavily relies on the sense of touch as it involves a more practical approach to learning. Learners who use this style learn things by actually doing them. Commonly, kinesthetic learning is associated with students or learners who are good in mathematics and sciences as they involve relating theory to practice and they are more comfortable learning in groups. In class, such students learn optimally when they are taking notes (Indiana University, 2008). 3. Logical learning style- This learning

Saturday, November 2, 2019

Philosophy Essay Example | Topics and Well Written Essays - 750 words - 21

Philosophy - Essay Example On the other hand, categorical are principles that are intrinsically valid in and of themselves; they are acts that must be obeyed at all time and in all situations, in order for the actor be moral. Unlike hypothetical imperatives that are undertaken to achieve an end, for categorical imperatives the fulfilment of the act is the end in itself. There must be no other reason for undertaking a categorical imperative than its very compliance. Another difference is that while hypothetical imperatives are applicable only to those who desire the end (in the example above, only to those who desire to be good athletes), a categorical imperative is mandatory for all moral persons, whether they want to do it or not. For example, â€Å"Do not kill,† is a categorical imperative. Kant states that moral law can only be expressed in the form of a categorical imperative, because categorical imperatives are the demands of moral law. This is because moral law must be done purely out of duty, not because it accomplishes some other purpose for the actor’s advantage. If the actor undertakes the action to derive some specific benefit, then it is not done out of duty. Kant is theoretically correct in this, particularly insofar that all persons must perform categorical imperatives as they do moral law. In practice, though, Kant’s position may be too purist, because people do make moral decisions based on their outcomes. 2. People in distress often make "false promises" in order to alleviate their situation. According to Kant, is such action in accordance with the moral law or not? Paying particular attention to his understanding of the categorical imperative and what it prescribes, explain Kant’s position on this. Do you agree with Kant? Why or why not? According to Kant, â€Å"false promises† are not in accordance with the moral law, whatever the motivation behind it. For Kant, the moral law must be