Wednesday, July 31, 2019

History Of The Spanish Inquisition Of The 15th Century Essay

The Spanish Inquisition is usually synonymous with persecution, brutality and tyranny; and it is thought to be the forerunner of the covert regulatory bodies of contemporary autocracies. Yet how accurate is this picture of an establishment set up in the late 15th century to route out deviation and agnosticism in that land? This report aims to place the Spanish Inquisition in its correct historical context. BACKGROUND The conception of inquisitions to eliminate religious heretics was not new when, in 1478, Pope Sixtus IV sanctioned the formation of Spanish Inquisition. The monarchs Ferdinand and Isabella, decided to establish a body (which began its work in 1480) chiefly to deal with the issue of the huge numbers of converted Jews (Conversos) who were alleged of continuing to carry out tenants of the Jewish religion after apparent conversion to Catholicism. Following the formal expulsion of all non-converted Jews from Spain in 1492, the problem of the Conversos increased. The roots of the Spanish Inquisition can therefore be traced quite clearly back to anti-Semitism. In 1518, the Inquisition became a permanently unified body under one head, the Inquisitor-General . Tomas de Torquemada was appointed by the Monarchs as Grand Inquisitor of the Inquisition. The Catholic Church, under the rule of the pope in Rome was a powerful force in Europe during the Middle ages. The decrees of the church provided the basis of law and order. Christians who disagreed with catholic principles were regarded as heretics, and heresy was considered an crime against the church and the state. The â€Å"inquiries† into a person’s faith to determine whether or not one was a heretic, was branded as the inquisition, with the inquisitors being priests or bishops who subjected a suspect to long grilling followed by terrible tortures. Death by fire was often the punishment of those who did not repent. The heretic’s property was then claimed by the church. Between 1478 and 1502, Isabella of Castile and Ferdinand of Aragon took three complementary decisions. They persuaded the pope to create the Inquisition; they expelled the Jews; and they forced the Muslims of the kingdom of Castile to convert to Catholicism. All these measures were designed to achieve the same end: the establishment of a united faith. The Christian, Muslims and Jewish communities existed tolerantly throughout the first centuries of Muslim domination and continued to do so in the Christian Spain of the 12th and 13th century. Tolerance presupposed an absence of discrimination against minorities and respect for the point of view of others. This tolerance was nowhere to be found in the Iberia of the 8th century to the 15th. Spanish archdeacon named Ferran Martinez was busy delivering a sequence of sermons in the diocese of Seville. It was his remarkable eloquence rather than the novelty of his subject which attracted an audience: for he spoke only on a single theme, one that in every age has provided an easy stalking horse for demagogues religious and civil- the iniquities of the Jews. Their veins had venom that poisoned whatever contribution they made. The Jews, he argued, had been guilty, as a body, of the greatest crime in history. They adhered to a faith that had been rejected in no uncertain manner by the Deity. Their ceremonies were outmoded and impious, rendered those who performed them capable of the most heinous misdoings and doomed them to eternal punishment in the hereafter . ORIGIN AND AIMS Jews weren’t newcomers in Spain. They had been settled there since the 1st century. Documentary and archaeological evidence demonstrates their numbers at the beginning of the fourth century, long before the coming of the Arabs or the Visigoths. The latter had persecuted them, but under the moors they had flourished as nowhere else in Europe. They were an important and influential minority. Every Spanish city had its prosperous juderia, or Jewish quarter, comprised of craftsmen and weavers, goldsmiths and carpenters . The Jews had been expelled from England in 1290 by Edward I En masse. His example had been followed in France sixteen later, by Philip the Fair. The Spanish Jews considered themselves secure from anything of the sort. The activities of Martinez disturbed them but didn’t alarm them. Month after month passed without any untoward occurrence. They fell into the error of imagining that nothing would happen. It came as a shock to them when at the close of 1390, just before Christmastide, Martinez succeeded in having some synagogues in the diocese partially destroyed and closed down, on the plea that they had been built without authorization. The community, alarmed, applied for protection to the council of regency then governing Castile in the name of the young king Henry III, which ordered steps to be taken for the protection of the petitioners. Martinez was defiant, however, and his sermons were as violent as ever. On Wednesday, March 15th, 1391 his harangue was particularly effective, and his audience was roused to a high pitch of frenzy. On its way from the church, a turbulent crowd, thirsting with zeal and greed, surged towards the Jewish quarter, which seemed to be in imminent danger of sack. The civil authorities were at last awakened to the necessity of stern measures. Seizing two of the most turbulent members of the mob, they had them flogged, turned them into martyrs overnight. After some further disturbances, order was outwardly restored: but the spirit of unrest still simmered and Martinez continued his unbridled invective from the pulpit. These seemingly unimportant disorders are to be traced some of the greatest tragedies in history – the darkest page in the dark record of the Jewish people, one of the saddest episodes in the history of human thought, and the ultimate decline of sprain from the high status to which her achievements and her genius entitled her – everything, in a word, which is associated with the term, â€Å"the Spanish Inquisition†. On June 6th, a storm broke out. An infuriated mob rushed upon the juderia of Seville and put it to sack. An orgy of carnage raged the city. The dead were numbered by the hundreds, if not by the thousand. Every ruffian in the city flaunted the finery sacked from Jewish houses, or boasted the ravishing of a Jewish maiden . Through some curious psychology of mass psychology, the infection spread from one city to the other, and throughout Spain onslaughts on the Jews became the order of the day. The fury raged that summer and autumn, and at several places the entire Jewish community was exterminated. At Cordova, the ancient Jewish quarter, where Moses Maimonides had first seen the light, was reduced to ashes. Toledo was witness to a similar horrifying carnage. 70 other towns in Castile were doomed to similar incidents of terror. In Aragon, in spite of measures put into force by the authorities to suppress the mayhem, the case was commonly adhered. In Valencia, within a few days, not a single professing Jew was left alive in the entire kingdom. In Barcelona, despite a half hearted protection given by the civic authorities, the whole community was wiped out. From Catalonia, the disorders spread to the Balearic Islands, where a massacre took place on August 2nd at Palma. Outbreaks were prevented only in the kingdom of Granada thanks to the efforts of the crown, in Portugal. Elsewhere in the peninsula, hardly a single community escaped. The total no of victims was estimated as many as 50,000 . The Inquisition did not begin in Spain, but did gather notoriety there. Shortly after commencement, the Spanish Inquisition was accused of numerous abuses. Accusations of heresy ran rampant, and innocent, faithful people were unjustly punished by public trials and condemnation. This usually took the form of strangulation or burning at the stake. The Inquisition, although vastly changed and more humane, remained a strong force in Spain until the early 19th century . By about 1750 the Inquisition had lost its power. It had been created to eradicate all traces of Semitism in Spain. The Jews had long been expelled and two and a half centuries of persecution had eventually eliminated the Judaisers. Yet the statues of blood purity still did not disappear; in fact, in the course of the eighteenth century, they tended to multiply. They no longer constituted a serious obstacle to a career in the Church, the official administration, or civic society. By the end of the eighteenth century, essentially the Inquisition was operating as a political policing force devoted to opposing the introduction of revolutionary and liberal ideas. By this time, it seemed to have softened its attitude. It no longer published edicts of faith encouraging the faithful spontaneously to denounce their neighbors and their relatives. Nor did it any longer torture its prisoners. CONCLUSION The Spanish Inquisition was one of the most powerful organizations used to eradicate heresy and safeguard the unanimity of Christendom. Begun in 1478, by 1512 the Inquisition was under review for a wide range of issues – from corruption, patronage and bribery. The Spanish Inquisition, first established under Queen Isabella was finally suppressed 356 years later under Queen Isabella II, leaving its mark in the annals of Western civilization. The onset of the Enlightenment slowed down the Inquisition. It, however, wasn’t until the Spanish invasion of Napoleon that the Inquisition finally came to an end in 1810, being completely abolished in 1836. It is estimated that more than 20,000 people were killed because of the Inquisition. Numerous more were subjected to torture and others had their possessions confiscated. John Paul II’s teachings are an ever present reminder of how to learn from history: â€Å" †¦we must take account of the complexity of the relationship between the subject who interprets and the object from the past which is interpreted†¦. Events or words of the past are, above all, â€Å"past. † As such they are not completely reducible to the framework of the present, but possess an objective density and complexity that prevent them from being ordered in a solely functional way for present interests. It is necessary, therefore, to approach them by means of an historical-critical investigation that aims at using all of the information available, with a view to a reconstruction of the environment, of the ways of thinking, of the conditions and the living dynamic in which those events and those words are placed, in order, in such a way, to ascertain the contents and the challenges that – precisely in their diversity – they propose to our present time . On 12 January 2000, to mark the Catholic Church’s Jubilee, Pope John Paul II issued a document entitled Memory and Reconciliation in which he asked for forgiveness for the errors of the Church over its 2,000 year history. ? BIBLIOGRAPHY Kamen, Henry. The Spanish Inquisition: An Historical Revision. London, 1997. John Paul II, Memory and Reconciliation, 2000. Finkelstein, Louis. 1970. The Jews: their history. New York: Schocken Books. Kohen, Elizabeth, & Elias, Marie Louise. 2004. Spain. New York: Benchmark Books/Marshall Cavendish. Lea, Henry Charles. A History of the Inquisition of Spain. 4 vols. New York, 1906–1908. Lemieux, Simon. â€Å"The Spanish Inquisition. † History Review 7. 44 (2002): 44-49

Tuesday, July 30, 2019

How Does Golding Present Simon in Lord of the Flies-What Is His Role? Essay

William Goldings â€Å"Lord of the flies†, portrays a group of boys who find themselves stranded on a desert island in a deep battle between civilisation and primitive savagery. One of the boys portrayed, Simon, a boy who is kind and physically fragile expresses a deeper knowledge of the problems on the island that the other boys are unaware of. There are many differing viewpoints on his role in the novel. One of these is that he is a biblical parallel; Simon portrays a saintly figure, and shows many of the qualities demonstrated by Jesus Christ. He demonstrates a strong connection with nature throughout, and also is shown to be a character of strong goodwill and kindness. One of the reasons Simon is often thought of as a biblical parallel to Jesus Christ is because of his encounter with â€Å"The beast†, which shows a strong resemblance to Jesus’ 40 days in the desert, in which he encountered the Devil and was tempted by him to leave his mission. In â€Å"Lord of the Flies†, Simon meets the beast during an epileptic fit. His mind, or the Beast tells him â€Å"We are going to have fun on this island†¦so don’t try it on†¦Ã¢â‚¬ . Simon is being told that he must not tell the others what he knows, that they must have fun and Simon must not interfere, but he must just â€Å"run off and play†. The name â€Å"Lord of the Flies† is a translation of a word thought to mean a powerful demon, or the devil himself. This shows that Simon may have represented Jesus in the novel. Simon’s death also shows resemblance to that of Jesus, which shows us that Simon may be Christ’s representation in the novel. ‘Simon was crying out something of a dead man on a hill. ‘ This imagery is displayed just before Simon is mercilessly slaughtered by the other boys, a direct link to the image of Jesus’ crucifixion on the top of a hill. After Christ was killed, it was said that ‘There was darkness over all the land†¦and the earth did quake, and the rocks rent.’ These supernatural biblical descriptions recount the solar eclipse and the earthquake which took place after Jesus’ death. This relates to the death of Simon; ‘The clouds opened and let down the rain like a waterfall’, signifying his death. When Jesus was crucified, he died to save mankind. This relates to Simon confronting the figure on the mountaintop. When he died â€Å"the parachute took the figure forward†¦and bumped it out to sea†. When Simon died, the dead air pilot was finally  released from his purgatorial state on the island, and as Jesus died and salvaged mankind, Simon died and exorcised the soul who lingered between life and death, and between heaven and hell. This shows us that Simon had many strong parallels with Jesus and may have been his biblical parallel in the novel. Simon is a representation of hope and innocence on the island, and has a strong and vital connection with nature. In the novel, Simon has a special place in the forest where he can go and sit alone, at one with his surroundings. â€Å"The sunlight pelted down and the butterflies danced.† This description indicates that this place where Simon often resides is almost paradisiacal, and Simon is able to appreciate the true beauty of the island; it’s beauty is not thwarted by his presence, as it is with the other boys. Simon has a strong connection with the island and with nature itself. Simon is able to see the true beauty in the things that others cannot. The ‘creepers’, which had once hindered the boys and were previously referred to as ‘snake-like’, aid him and form ‘a large mat’. This shows his unity with nature. When Simon ventures into the forest the white ‘candle buds’ open themselves up, which and returned to peaceful place that he came from. Simon is connected with nature throughout the novel, but is only truly at one with it when he dies. The body of the dead airman being pulled out to sea could also symbolise Simons soul being finally released from the confines of life and returning to nature where it belongs. Simon’s true sense of pure goodwill is first demonstrated in his expressed concern for the more vulnerable boys. He help the littluns to get fruit, and ‘pulled off the choicest from up in the foliage, passed them back down to the endless, outstretched hands’. He also helps Piggy to get his glasses back when Jack has knocked them off, showing that he does not discriminate against Piggy because he is different but chooses to help him, even if this may cause him to suffer in the future. These may indicate that Simon, though other characters may be thought of as â€Å"good† and kind, such as Piggy or Ralph, Simon shows no flaws at all. Simon possesses a deep knowledge and understanding about the truth of the island and the beast of which the other boys know not. He also seems to posses many mystic qualities. He is the first to understand truly that the beast is not a physical or material being, but something that lives within the boys. Unlike piggy or Ralph, who are able to appreciate adult knowledge and understanding, Simon possesses  the ability to see the darker side of knowledge. For Simon, the eyes of the Pig’s head on the stick are â€Å"dim with the infinite cynicism of adult life†, meaning that adults believe nothing is ideal, therefore his realisation in itself is cynical– the beast lives within the children, making Simon distrust the human nature. He knows the truth but is unable to get it across to the other boys; â€Å"Simon became inarticulate in his effort to express mankind’s’ essential illness†. Simon understands the truth behind the beast- that the beast itself thrives within the boys, is not something living that can be hunted, but is mankind’s â€Å"essential illness†, the evil that lurks within all men, waiting to be released. The fact that Simon is â€Å"inarticulate† shows that he is unable to express the truth to the others, and even if he had, the boys would not have listened or cared. His death relates to the elements- his knowledge is elemental . Golding shows us the significance of his death by shifting the focus from the movements of Simon’s body to the movements of the sun, the moon and the stars, inciting that Simon’s knowledge was as essential as the elements themselves. However, even though he is portrayed as a weak character right from the beginning, Simon is much braver than he seems; he is the one who climbs the mountain to encounter â€Å"the beast†, at which he discovers that the beast is not material. Simon possesses a number of mystical qualities, such as his pathetic abilities. Simon prophesizes to Ralph â€Å"you’ll get back to where you came from†, almost indicating that he may not. Simon foresees his own death and predicts that Ralph will ret urn home. Another way in which Simon’s mystical qualities are shown is when he asks the other boys rhetorical questions which require much thought to answer, such as â€Å"what is the dirtiest thing there is?† All of these indicate that Simon is a mystic and possesses a much deeper and darker knowledge than the other boys. To conclude, Golding’s presentation of Simon shows us his biblical parallel with Jesus and his significant unity with nature, which lets Simon see the true beauty of the island where others cannot, indicating that it is not the island that is against them but that the boys are against the island, truly centralised around destruction and savagery. He represents Hope and bravery and has a deep and perhaps dark knowledge, which enables him to perceive the truth much more clearly than the other boys. He also has a flawless good will. This shows us that Simon’s true role in the novel was that he alone  had the power to save the boys from themselves, for he alone had the knowledge of the beast’s true nature. Simon was killed because of this, however he was killed as the beast – yet it is ironic that he said the beast was â€Å"only us†. Simon was the least beast-like, which makes one wonder whether him being less savage makes him more or less human.

Monday, July 29, 2019

Torts Cases and Digest

SERGIO F. NAGUIAT, doing business under the name and style SERGIO F. NAGUIAT ENT. , INC. , & CLARK FIELD TAXI, INC. , petitioners, NATIONAL LABOR RELATIONS COMMISSION (THIRD DIVISION), NATIONAL ORGANIZATION OF WORKINGMEN and its members, LEONARDO T. GALANG, et al. , respondents. FACTS: Naguiat is the president and a stockholder of Clark Field Taxi, Inc. (CFT). Due to the phase-out of the US bases in the country, Clark Air Base was closed and the taxi drivers of CFTI were separated from service.The drivers filed a complaint for the payment of sep. pay due to the termination/phase-out. NLRC held Naguiat and the company solidarily liable for the payment of sep. pay. ISSUE: WON Naguait should be held solidarily liable with CFTI. YES. HELD: Under the Corporation Code, Naguait is liable bec: (1) he actively managed the business; (2) there was evidence that CFTI obtained reasonably adequate insurance; and (3) there was a corporate tort in this case. Our jurisprudence is wanting to the defin ite scope of â€Å"corporate tort. Essentially, â€Å"tort† consists in the violation of a right given or the omission of a duty imposed by law. Simply stated, it is a breach of legal duty. PHILIPPINE NATIONAL BANK, petitioner, vs. THE COURT OF APPEALS, RITA GUECO TAPNIO, CECILIO GUECO and THE PHILIPPINE AMERICAN GENERAL INSURANCE COMPANY, INC. , respondents. Medina, Locsin, Coruna, & Sumbillo for petitioner. Manuel Lim & Associates for private respondents. Facts: Rita Gueco Tapnio had an export sugar quota of 1,000 piculs for the agricultural year 1956-1957.Since, she did not need it, she agreed to allow Mr. Jacobo Tuazon to use the said quotafor consideration of 2,500. Her sugar cannot be exported without sugar quota allotments. Sometimes, however a planter harvests less sugar than her quota so her excess quota is usedby her mother who pays for it. This is her arrangement with Mr. Tuazon. At the time of theagreement, she was indebted to PNB of San Fernando, Pampanga. Her i ndebtedness wasknown as a crop loan and was secured by her sugar crop, and since her quota was mortgagedto PNB, her arrangement with Mr.Tuazon had to be approved by the bank. Upon presentmentof the lease arrangement, the PNB branch manager revised it by increasing the lease amount to P2. 80 per picul for a total of P2,800. Such increase was agreed to by both Rita and Jacobo. However, when it was presented to the Board of Directors for approval, they further increasedthe amount to P3. 00 per picul. Jacobo asked for the reconsideration but he was denied thesame. The matter stood as it was until Jacobo informed Rita and PNB that he had lost interestin pursuing the deal.In the meantime, the debt of Rita with the PNB matured. Since she had asurety agreement with the Philippine American General Insurance Co. Inc. (Philamgen), thelatter paid her outstanding debt. Philamgen in turn demanded from Rita the amount whichthey paid the bank. Instead of paying the bank, Rita claimed that she told Philamgen that shedid not consider herself indebted to the bank since she had an agreement with Jacobo Tuazon. When such was discontinued, she failed to realized the income with which she couldhave paid her creditors.Philamgen filed a complaint for the collection of sum of moneyagainst Rita. Rita implicated PNB as a third party defendant claiming that her failure to paywas due to the fault or negligence of PNB. Issue: WON PNB is liable for the damage caused to Rita. Held: ?There is no question that Rita’s failure to utilize her sugar quota was due to thedisapproval of the lease by the Board of Directors of the petitioner, thus PNB should beheld liable. ? The Board justified the increase to P 3. 00 per picul by saying that it was the prevalent rateat that time.However, there was no proof that any other person was willing to lease thesugar quota allotment of Rita for a price higher than P2. 80 per picul. Just because thereare isolated transactions where the lease price was P3. 00 per picul does not mean thatthere are always ready takers. ?While PNB had the ultimate authority of approving or disapproving the proposed leasesince the quota was mortgaged to the bank, the latter certainly cannot escape itsresponsibility of observing precaution and vigilance which the circumstances of the case justly demanded in approving or disapproving the lease of said sugar quota. According to Art. 19 of the Civil Code, â€Å"[e]very person must in the exercise of his rightsand the performance of his duties, act with justice, give everyone his due and observehonesty and good faith. † This the petitioner failed to do. As a consequence, Art. 21 states,[a]ny person who willfully causes loss or injury to another in a manner that is contrary tomorals, good customs or public policy shall compensate the latter for the damage.On the liability of the corporation, the court ruled that, â€Å"[a] corporation is civilly liable inthe same manner as natural persons for torts, bec ause generally speaking, the rulesgoverning the liability of a principal or master for a tort committed by an agent or servantare the same whether the principal or master be a natural person or artificial person. All of the authorities agree that a principal or master is liable for every tort which he expresslydirects or authorizes, and this is just as true of a corporation as of a natural person.Acorporation, is liable therefore, whenever a tortuous act is committed by an officer oragent under express direction or authority from the stockholders or members acting as abody, or generally, from the directors as the governing body. NOTE: CLV tells us that it is clear from the ruling of the Court in this case that not everytortuous act committed by an officer can be ascribed to the corporation as its liability, for it isreasonable to presume that in the granting of authority by the corporation to its agent, such agrant did not include a direction to commit tortuous acts against third pa rties.Only when thecorporation has expressly directed the commission of such tortuous act, would the damagesresulting therefrom be ascribable to the corporation. And such a direction by the corporation,is manifested either by its board adopting a resolution to such effect, as in this case, orhaving taken advantage of such a tortuous act the corporation, through its board, expresslyor impliedly ratifies such an act or is estopped from impugning such an act. Our jurisprudence is wanting as to the definite scope of â€Å"corporate tort. Essentially,â€Å"tort† consists in the violation of a right given or the omission of a duty imposed by law; abreach of a legal duty. The failure of the corporate employer to comply with the law-imposedduty under the Labor Code to grant separation pay to employees in case of cessation of operations constitutes tort and its stockholder who was actively engaged in the managementor operation of the business should be held personally liable. Q: When is a corporation liable for tort?A: A corporation is liable for tort when: (a) the act is committed by an officer or agent (2) underexpress direction of authority from the stockholders or members acting as a body or through theBoard of Directors. Q: How can authority given to the agent of the corporation be determined? A: Either by: (a) such direction by the corporation is manifested, by its board adopting aresolution to such effect (b) by having takien advantage of such a tortious act, the corporationthrough its board, has expressly or impliedly ratified such an act or estopped from impugning thesame.Q: What is a derivative suit? A: Since, the act of the board is essentially that of the corporation and therefore corporate assetscannot escape enforcement of the award of damage to the tort victim. As a remedy, thestockholders may institute a derivative suit against the responsible board members and officersfor the damages suffered by the corporation as a result of the tort suit. M. H. WYLIE and CAPT. JAMES WILLIAMS, petitioners, vs. AURORA I. RARANG and THE HONORABLE INTERMEDIATE APPELLATE COURT, respondents. FACTSPetitioners Wylie and Williams were the assistant administrative officer and commandingofficer, respectively, of the US Naval base in Subic. Respondent Aurora Rarang was an employee inthe Office of the Provost Marshal assigned as the merchandise control guard. Wylie, as one of his duties, supervised the publication of the ? Plan of the Day? a daily publication thatfeatured among others, an ? action line inquiry?. On Feb. 3, 1978, an inquiry was published saying thatconfiscated goods were being consumed/ used for personal benefit by the merchandise controlinspector and that a certain ?Auring? was, in herself, a disgrace to the office. Rarang, being the onlyperson named Auring in the said office, went to press an action for damages against Wylie and Williamsand the US Naval Base. (That Rarang was indeed the Auring mentioned in the inquiry was provenby the apology letter issued by Wylie for the inadvertent publication. )She alleged that the article constituted false, injurious, and malicious defamation and libel tending toimpeach her honesty, virtue and reputation exposing her to public hatred, contempt and ridicule.Defendants alleged that (1) defendants acted in performance of their official functions as officersof the US Navy and are thus immune from suit (2) US Naval Base is immune from suit being aninstrumentality of the US Government and (3) the RTC has no jurisdiction over the subject matter andthe parties involved. Lower court ruling: defendants pay damages because acts were not official acts of the USgovernment, but personal and tortious acts (which are not included in the rule that a sovereign countrycan? t be sued without its consent). Suit against US Naval Base was dismissed.ISSUES1. WON officials of the US Naval Base inside Philippine Territory, in discharge of their official duties, areimmune from suit. 2. Are US offi cers who commit a crime or tortious act while discharging official functions still coveredby the principle of state immunity from suit? HELD1. Yes, they are immune. Ratio Officers of the US Navy as instrumentalities of the US government are immune from suit (but onlywhen they are acting/ discharging their official functions. Art. XVI, sec. 3 of 1987 constitution provides that state may not be sued without its consent.Buteven without this affirmation, court is still bound by the doctrine of incorporation. Thedoctrine is applicable not only to suits against the state but also to complaints filedagainst officials for acts allegedly performed by them in discharge of their official duties. The traditional rule of immunity excepts a State from being sued in the courts of another Statewithout its consent or waiver. This rule is a necessary consequence of the principles of independenceand equality of States. Because the activities of states have multiplied, it has been necessary todistingui sh them ? etween sovereign and governmental acts (jure imperii) and private, commercial and proprietary acts (jure gestionis). The result is that State immunity now extends only toacts jure imperii. There is no question, therefore, that the petitioners actively participated in screening thefeatures and articles in the POD as part of their official functions. Under the rule that U. S. officials in the performance of their official functions are immune fromsuit, then it should follow that the petitioners may not be held liable for the questioned publication.It is to be noted, however, that the petitioners were sued in their personal capacities for their allegedtortious acts in publishing a libelous article. 2. No. Ratio. Our laws and, we presume, those of the United States do not allow the commission of crimes in the name of official duty. The general rule is that public officials can be heldpersonally accountable for acts claimed to have been performed in connection with officialduti es where they have acted ultra vires or where there is showing of bad faith.Immunity from suitcannot institutionalize irresponsibility and non-accountability nor grant a privileged status notclaimed by any other official of the Republic. Under Art. 2176 of the civil code, whoever by act or omission, causes damage to another, therebeing fault or negligence is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and isgoverned by the provisions of this Chapter. Indeed the imputation of theft contained in the POD dated February 3, 1978 is adefamation against the character and reputation of the private respondent.Petitioner Wyliehimself admitted that the Office of the Provost Marshal explicitly recommended the deletion of thename Auring if the article were published. The petitioners, however, were negligentbecause under their direction they issued the publication without deleting the name â€Å"Auring. â€Å"Such act or omission is ultra vires and cannot be part of official duty. It was a tortious act whichridiculed the private respondent. The petitioners, alone, in their personal capacities are liable forthe damages they caused the private respondent GASHEM SHOOKAT BAKSH, petitioner, vs. HON.COURT OF APPEALS and MARILOU T. GONZALES, respondents. Public Attorney's Office for petitioner. Corleto R. Castro for private respondent. FACTS: Petitioner Gashem Shookat Baksh was an Iranian citizen, exchange student taking a medical course in Dagupan City, who courted private respondent Marilou Gonzales, and promised to marry her. On the condition that they would get married, she reciprocated his love. They then set the marriage after the end of the school semester. He visited Marilou’s parents to secure their approval of marriage. In August 1987, he forced her to live with him, which she did.However, his attitude toward her changed after a while; he would maltre at and even threatened to kill her, from which she sustained injuries. Upon confrontation with the barangay captain, he repudiated their marriage agreement, saying that he was already married to someone living in Bacolod. Marilou then filed for damages before the RTC. Baksh denied the accusations but asserted that he told her not to go to his place since he discovered her stealing his money and passport. The RTC ruled in favor of Gonzales. The CA affirmed the RTC decision. ISSUES:Whether or not breach of promise to marry is an actionable wrong. Whether or not Art. 21 of the Civil Code applies to this case. Whether or not pari delicto applies in t his case. HELD: The existing rule is that a breach of promise to marry per se is not an actionable wrong. This, notwithstanding, Art. 21 is designed to expand the concept of torts or quasi-delict in this jurisdictions by granting adequate legal remedy for the untold number of moral wrongs which is impossible for human foresight to specifica lly enumerate and punish in the statute books.Art. 21 defines quasi-delict: Whoever by act or omission causes damage to another, there being fault or negligence is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called quasi-delict and is governed by the (Civil Code). It is clear that petitioner harbors a condescending if not sarcastic regard for the private respondent on account of the latter’s ignoble birth, inferior educational background, poverty and, as perceived by him, dishonorable employment.From the beginning, obviously, he was not at all moved by good faith and an honest motive. Thus, his profession of love and promise to marry were empty words directly intended to fool, dupe, entice, beguile and deceive the poor woman into believing that indeed, he loved her and would want her to be his life partner. His was nothing but pure lust which he wanted satisfied by a Filipina who honest ly believed that by accepting his proffer of love and proposal of marriage, she would be able to enjoy a life of ease and security.Petitioner clearly violated the Filipino concept of morality and so brazenly defied the traditional respect Filipinos have for their women. It can even be said that the petitioner committed such deplorable acts in blatant disregard of Article 19 of the Civil Code which directs every person to act with justice, give everyone his due, and observe honesty and good faith in the exercise of his right and in the performance of his obligations. No foreigner must be allowed to make a mockery of our laws, customs and traditions. She is not in pari delicto with the petitioner.Pari delicto means in equal fault. At most, it could be conceded that she is merely in delicto. Equity often interfered for the relief of the less guilty of the parties, where his transgression has been brought about by the imposition of undue influence of the party on whom the burden of the original wrong principally rests, or where his consent to the transaction was itself procured by fraud. Phoenix Construction Inc. vs. IAC PHOENIX CONSTRUCTION INC V IAC (DIONISIO) 148 SCRA 353FELICIANO; March 10, 1987 NATURE PETITION for review of the decision of the IACFACTS – 130AM 15 November 1975 – Leonardo Dionisio, driving hisVolkswagen car, was on his way home to Makati from acocktails-and-dinner meeting with his boss where had taken â€Å"ashot or two† of liquor. Crossing the intersection of GeneralLacuna and General Santos Streets at Bangkal, Makati, not far from his home, when his car headlights (in his allegation)suddenly failed. He switched his headlights on â€Å"bright† andthereupon he saw a Ford dump truck looming some21/2meters away from his car. The dump truck, owned andregistered by Phoenix Construction Inc. as parked askew(partly blocking the way of oncoming traffic) on the right handside of General Lacuna Street facing the oncoming tra ffic. There were no lights nor any so-called â€Å"early warning† reflector devices set anywhere near the dump truck. The dump truckhad earlier that evening been driven home by Carbonel, itsregular driver. Dionisio claimed that he tried to avoid a collisionby swerving his car to the left but it was too late and his car smashed into the dump truck. As a result of the collision,Dionisio suffered some physical injuries including somepermanent facial scars, a â€Å"nervous breakdown† and loss of twogold bridge dentures. Dionisio commenced an action for damages claiming that thelegal and proximate cause of his injuries was the negligentmanner in which Carbonel had parked the dump truck. Phoenix and Carbonel countered that the proximate cause of Dionisio's injuries was his own recklessness in driving fast atthe time of the accident, while under the influence of liquor,without his headlights on and without a curfew pass. Phoenixalso sought to establish that it had exercised d ue care in theselection and supervision of the dump truck driver. CFI: in favor of Dionisio- IAC: affirmed TC but modified amounts ISSUE (obiter) WON last clear chance doctrine should be appliedtherefore exculpating Phoenix from paying any damages HELD NO- We hold that private respondent Dionisio's negligence was†only contributory,† that the â€Å"immediate and proximate cause†of the injury remained the truck driver's â€Å"lack of due care† andthat consequently respondent Dionisio may recover damages P a g e 6 though such damages are subject to mitigation by the courts(Article 2179, Civil Code of the Philippines). Ob iter Phoenix and Carbonel also ask us to apply what they refer toas the â€Å"last clear chance† doctrine. The theory here of petitioners is that while the petitioner truck driver wasnegligent, private respondent Dionisio had the â€Å"last clear chance† of avoiding the accident and hence his injuries, andthat Dionisio having fai led to take that â€Å"last clear chance† mustbear his own injuries alone. The last clear chance doctrine of the common law was imported into our jurisdiction by Picart vs. Smith but it is a matter for debate whether, or to what extent, ithas found its way into the Civil Code of the Philippines.Thehistorical function of that doctrine in the common law was tomitigate the harshness of another common law doctrine or rule-that of contributory negligence. The common law rule of contributory negligence prevented any recovery at all by aplaintiff who was also negligent, even if the plaintiff'snegligence was relatively minor as compared with the wrongfulact or omission of the defendant. The common law notion of last clear chance permitted courts to grant recovery to aplaintiff who had also been negligent provided that thedefendant had the last clear chance to avoid the casualty andfailed to do so.Accordingly, it is difficult to see what role, if any,the common law last clear chance d octrine has to play in a jurisdiction where the common law concept of contributorynegligence as an absolute bar to recovery by the plaintiff, hasitself been rejected, as it has been in A2179 CC- Is there perhaps a general concept of â€Å"last clear chance† thatmay be extracted from its common law matrix and utilized as ageneral rule in negligence cases in a civil law jurisdiction likeours?We do not believe so. Under A2179, the task of a court,in technical terms, is to determine whose negligence-theplaintiff's or the defendant's-was the legal or proximate causeof the injury. That task is not simply or even primarily anexercise in chronology or physics, as the petitioners seem toimply by the use of terms like â€Å"last† or â€Å"intervening† or â€Å"immediate. The relative location in the continuum of time of the plaintiff's and the defendant's negligent acts or omissions,is only one of the relevant factors that may be taken intoaccount. Of more fundamental im portance are the nature of thenegligent act or omission of each party and the character andgravity of the risks created by such act or omission for the restof the community.The petitioners urge that the truck driver (and therefore his employer) should be absolved fromresponsibility for his own prior negligence because theunfortunate plaintiff failed to act with that increased diligencewhich had become necessary to avoid the peril preciselycreated by the truck driver's own wrongful act or omission, Toaccept this proposition is to come too close to wiping out thefundamental principle of law that a man must respond for theforseeable consequences of his own negligent act or omission.Our law on quasi-delicts seeks to reduce the risks and burdensof living in society and to allocate them among the members of society. To accept the petitioners' proposition must tend toweaken the very bonds of society. Disposition CA decision is modified by reducing theaggregate amount of compensatory damage s, loss of expectedincome and moral damages Dionisio is entitled to by 20% of such amount REYNALDA GATCHALIAN, petitioner, vs. ARSENIO DELIM and the HON. COURT OF APPEALS, respondents. Pedro G. Peralta for petitioner. Florentino G. Libatique for private respondent.On July 11, 1973, petitioner Reynalda Gatchalian boarded as paying passenger a minibus owned by respondents. While the bus was running along the highway, a â€Å"snapping sound† was heard, and after a short while, the bus bumped a cement flower pot, turned turtle and fell into a ditch. The passengers were confined in the hospital, and their bills were paid by respondent’s spouse on July 14. Before Mrs. Delim left, she had the injured passengers sign an already prepared affidavit waiving their claims against respondents. Petitioner was among those who signed.Notwithstanding the said document, petitioner filed a claim to recover actual and moral damages for loss of employment opportunities, mental suffering and inferiority complex caused by the scar on her forehead. Respondents raised in defense force majeure and the waiver signed by petitioner. The trial court upheld the validity of the waiver and dismissed the complaint. The appellate court ruled that the waiver was invalid, but also that the petitioner is not entitled to damages. Issues: (1) Whether there was a valid waiver (2) Whether the respondent was negligent 3) Whether the petitioner is entitled to actual and moral damages Held: (1) We agree with the majority of the Court of Appeals who held that no valid waiver of her cause of action had been made by petitioner. A waiver, to be valid and effective, must in the first place be couched in clear and unequivocal terms which leave no doubt as to the intention of a person to give up a right or benefit which legally pertains to him. A waiver may not casually be attributed to a person when the terms thereof do not explicitly and clearly evidence an intent to abandon a right vested in suc h person.The circumstances under which the Joint Affidavit was signed by petitioner Gatchalian need to be considered. Petitioner testified that she was still reeling from the effects of the vehicular accident when the purported waiver in the form of the Joint Affidavit was presented to her for signing; that while reading the same, she experienced dizziness but that, seeing the other passengers who had also suffered injuries sign the document, she too signed without bothering to read the Joint Affidavit in its entirety.Considering these circumstances, there appears substantial doubt whether petitioner understood fully the import of the Joint Affidavit (prepared by or at the instance of private respondent) she signed and whether she actually intended thereby to waive any right of action against private respondent. Finally, because what is involved here is the liability of a common carrier for injuries sustained by passengers in respect of whose safety a common carrier must exercise ex traordinary diligence, we must construe any such purported waiver most strictly against the common carrier.To uphold a supposed waiver of any right to claim damages by an injured passenger, under circumstances like those exhibited in this case, would be to dilute and weaken the standard of extraordinary diligence exacted by the law from common carriers and hence to render that standard unenforceable. We believe such a purported waiver is offensive to public policy. (2) In case of death or injuries to passengers, a statutory presumption arises that the common carrier was at fault or had acted negligently â€Å"unless it proves that it [had] observed extraordinary diligence as prescribed in Articles 1733 and 1755. To overcome this presumption, the common carrier must show to the court that it had exercised extraordinary diligence to present the injuries. The standard of extraordinary diligence imposed upon common carriers is considerably more demanding than the standard of ordinary d iligence. A common carrier is bound to carry its passengers safely â€Å"as far as human care and foresight can provide, using the utmost diligence of a very cautious person, with due regard to all the circumstances†. The records before the Court are bereft of any evidence showing that respondent had exercised the extraordinary diligence required by law.The obvious continued failure of respondent to look after the roadworthiness and safety of the bus, coupled with the driver's refusal or neglect to stop the mini-bus after he had heard once again the â€Å"snapping sound† and the cry of alarm from one of the passengers, constituted wanton disregard of the physical safety of the passengers, and hence gross negligence on the part of respondent and his driver. (3) At the time of the accident, she was no longer employed in a public school. Her employment as a substitute teacher was occasional and episodic, contingent upon the availability of vacancies for substitute teacher s.She could not be said to have in fact lost any employment after and by reason of the accident. She may not be awarded damages on the basis of speculation or conjecture. Petitioner's claim for the cost of plastic surgery for removal of the scar on her forehead, is another matter. A person is entitled to the physical integrity of his or her body; if that integrity is violated or diminished, actual injury is suffered for which actual or compensatory damages are due and assessable. Petitioner Gatchalian is entitled to be placed as nearly as possible in the condition that she was before the mishap.A scar, especially one on the face of the woman, resulting from the infliction of injury upon her, is a violation of bodily integrity, giving raise to a legitimate claim for restoration to her conditio ante. Moral damages may be awarded where gross negligence on the part of the common carrier is shown. Considering the extent of pain and anxiety which petitioner must have suffered as a result of her physical injuries including the permanent scar on her forehead, we believe that the amount of P30,000. 00 would be a reasonable award. Petitioner's claim for P1,000. 00 as attorney's ees is in fact even more modest. JOSUE ARLEGUI, petitioner, vs. HON. COURT OF APPEALS and SPOUSES GIL AND BEATRIZ GENGUYON, respondents. Residential Apartment Unit no. 15 was leased for more than 20 years by Serafia Real Estate, Inc. tospouses Gil and Beatriz. In 1984, Alberto Barretto (one of the owners of Serafia) informed the tenants of the apartment bldg. that Serfia and its assets had already been assigned and transferred to A. B. Barretto. The tenants formed an organization called Barretto Apartment Tenant Association to represent them innegotiations with A. B.Barretto Enterprises for the purchase of the apartment units. Josue Arlegui waselected vice president and Mateo Tan Lu as auditor of the association. Genguyons were later surprised tolearn that the unit they were leasing had been sold to Mateo Tan Lu. Genguyons continued to occupy thepremises and paid rentals. They were then informed that Mateo Tan sold the apartment to Josue Arlegui. Arlegui demanded Genguyons to vacate the premises. ISSUE: Whether or not a constructive trust existed HELD: The petitioner denies that a constructive trust was created and maintains that there was no fraudcommitted.He neither received money from the Genguyons, nor was he unjustly enriched. However, therecords show that the Genguyons, along with the other tenants and members of the association,contributed money to enable the officers to negotiate with the Barrettos. Besides, constructive trusts donot only arise out of fraud or duress, but also by abuse of confidence, in order to satisfy the demands of justice. The petitioner also argues that the Genguyons’ failed to prove the existence of an implied or constructivetrust. We disagree.There is ample documentary and testimonial evidence to establish the existence of afiduciary r elationship between them, and that petitioner’s subsequent acts betrayed the trust andconfidence reposed on him. It is further argued that no implied trust, as defined under Article 1456 of the New Civil Code, was createdbecause the petitioner did not acquire the subject property through mistake or fraud. Nevertheless, theabsence of fraud or mistake on the part of the petitioner does not prevent the court from ruling that animplied or constructive trust was created nonethelessA constructive trust, otherwise known as a trust ex maleficio, a trust ex delicto, a trust de son tort, aninvoluntary trust, or an implied trust, is a trust by operation of law which arises contrary to intention and ininvitum, against one who, by fraud, actual or constructive, by duress or abuse of confidence, bycommission of wrong, or by any form of unconscionable conduct, artifice, concealment, or questionablemeans, or who in any way against equity and good conscience, either has obtained or holds the legalright to property which he ought not, in equity and good conscience, hold and enjoy.It is raised by equityto satisfy the demands of justice. However, a constructive trust does not arise on every moral wrong inacquiring or holding property or on every abuse of confidence in business or other affairs; ordinarily sucha trust arises and will be declared only on wrongful acquisitions or retentions of property of which equity,in accordance with its fundamental principles and the traditional exercise of its jurisdiction or inaccordance with statutory provision, takes cognizance.It has been broadly ruled that a breach of confidence, although in business or social relations, rendering an acquisition or retention of property byone person unconscionable against another, raises a constructive trust. *There was a breach of trust by the officers. SC annulled the sale of the apartment and ordered Arlegui toexecute deed of conveyance to Genguyon spouses BPI EXPRESS CARD CORPORATION, petitioner , vs. COURT OF APPEALS and RICARDO J. MARASIGAN, respondents. Marasigan was the holder of a BPI credit card. Due to his delinquency in payment, immediate demand was given by BPI to pay account.Marasigan issued a postdated check. The check was thereafter kept in custiody by BPI and card was temporarily suspended. And on a relevant date, Marasigan after eating in Cafe Adriatico tried to use his card to pay but it was dishonored. HELD: The issuance of the postdated check was not effective payment on the part of Marasigan and thus, the bank was justified in suspending temporarily his use of the credit card. A check is only a substitute for money and not money, and the delivery of such instrument doesn't itself operate as payment. BEATRIZ P. WASSMER, plaintiff-appellee, vs. FRANCISCO X.VELEZ, defendant-appellant. Jalandoni & Jamir for defendant-appellant. Samson S. Alcantara for plaintiff-appellee. FACTS: Respondent Francisco Velez and petitioner Beatriz Wassmer were lovers who set their marriage for Sept. 4, 1954. On Sept. 2, however, Francisco left for Cagayan de Oro, leaving Beatriz with a note that his mother was approved to the marriage. A day before the supposed wedding, on Sept. 3, Francisco telegrammed Beatriz that nothing changed and that he assured her of his return and love. Francisco did not appear after all nor words were heard from him again; despite the fact that preparations were all made.They applied for a marriage license on Aug. 23, and was issued thereof; invitations were printed and distributed to friends and relatives; dresses and other apparel were already bought; the two bought a matrimonial bed; bridal showers were given and gifts received. Beatriz then filed damages for breach of promise to marry. ISSUE: Whether or not breach of promise to marry is an actionable wrong. HELD: Mere breach of promise to marry is not an actionable wrong. But to formally set a wedding and go through all the preparations and publicity, and to walk out of it when the matrimony is about to be solemnized, is quite different.This is palpably and unjustifiably contrary to customs for which Francisco must be held answerable for damages in accordance with Art. 21 of the Civil Code. Under Art. 2232 of the Civil Code, the conditions precedent is that the defendant acted in a wanton, fraudulent, reckless, oppressive or malevolent manner. When a breach of promise to marry is actionable under Article 21, moral damages may be awarded under Art. 2219 (10) of the Civil Code. Exemplary damages may also be awarded under Art. 2232 of the Code where it is proven that the defendant clearly acted in wanton, reckless and oppressive manner.

The Transatlantic Slave Trade and Its Effects on Africa Research Paper

The Transatlantic Slave Trade and Its Effects on Africa - Research Paper Example According to Muriithi, the blacks were not only massively enslaved, but also sold into bondage across the continents . In wanting to know more about slavery and its impacts one, can try to find out what Transatlantic Slave Trade entails (TST). Traditional answers associate transatlantic trade with enslavement and transportation of Africans to the New World through Atlantic Ocean. According to Green, The transatlantic slave trade was a human atrocity that involved transportation of millions of men and women from sub-Saharan Africa. Green further claims that TST began in 15th century when the European kingdoms portrayed some ability to expand overseas and reach Africa. According to him, the Portuguese was among the first Europeans to expand their demand for slaves into Africa. In tandem to this, Rodney asserts that the Portuguese began by kidnapping people from the West Coast of Africa and transporting them to Europe . According to him, by 16th century, almost 10% of Lisbon was filled up be Africans. In their book, Olaniyan and Sweet also expounds on what must have led to increase in the rate of slave capturing. According to them, the demand for slaves rose exponentially when the Europeans discovered the American continent; both the Europeans and the Americans were insufficient .

Sunday, July 28, 2019

Economy of United Kingdom Case Study Example | Topics and Well Written Essays - 1500 words

Economy of United Kingdom - Case Study Example Services, particularly banking, insurance, and business services, account by far for the largest proportion of GDP while industry continues to decline in importance. GDP growth slipped in 2001-03 as the global downturn, the high value of the pound, and the bursting of the "new economy" bubble hurt manufacturing and exports. Output recovered in 2004, to 3.2% growth, then slowed to 1.7% in 2005 and 2.7% in 2006. " (Exxun.com, 2007) The Economy of the United Kingdom can be classified as the "capitalist" economy. The most prominent characteristic of the capitalist economy is the control of few people on a large amount of Capital. These people are also responsible for taking important economic decisions. With the changing international circumstances the Governments of the world including United Kingdom felt the need of restricting the use of power of a specific group of people for their own commercial interests. This intervention resulted in shape of the British economy which can described as a "mixed" economy, with government playing an important role along with private enterprise. Although British people often disagree about exactly where to draw the line between their beliefs regarding, both free enterprise and government management, the mixed economy they have developed has been remarkably successful. The natural resources are considered as the most important ingredient of a nation's economic system. The United Kingdom is blessed with enormous reserves of minerals. The fertile soil and the moderate climatic conditions effectively eke the farming process.The labour plays vital role in the growth of an economy. Higher level of working population is considered as an important indicator of a progressive economy. The labour market of the U.K has always remained competitive due to an abundant supply of productive labour. A unique characteristic of the labour force is diversity. The 20th century British labour force constituted Asians and Latin Americans as the major part. This supply of the immigrants in the British job market also resulted in some periods of high unemployment. Many of these immigrants provide their services on relatively lower wages as compare to the native citizens. With the abundant supply of labour and the factors of production the economic growth multiplied increasing the chances for immigrants to find more job opportunities (Conte & Karr, 2001). British economy was facing boom before being hit by the events of 9/11. The economy had fastest growth rate and the lowest unemployment rate which was kept low for thirty years to a level of 3.8% in 2001 but after 9/11 the unemployment rate rose to 6.4% in 2003 more than a million jobs were loss lost during that period. The Government has applied different policies in order to address the issues facing the economy. Govt. has been trying to stable the economy by using cutting of taxes and lowering the interest rates, but these options are for short-term period. There are also some long-term issues to be reviewed. The U.K. economy has benefited from privatisation of industry, free market policies and the development of its oil and gas sector, the largest in the EU. (The Galt Global Review, 2007) Speeding the recovery: For the policy makers the main issue was to accelerate the

Saturday, July 27, 2019

History of economics Essay Example | Topics and Well Written Essays - 500 words

History of economics - Essay Example Before the evolution, slave trade was the only trade that people knew and they considered it an economy. During the sixteenth century, people were uncivilized and war was known to be the main economic activity (Canterbery 18). Many economists have come up with many theories to explain the history of economics. The western history of economics is divided into four theories (Deane 1). 1. Classical Greek: This period is also referred to as the feudalism (survival for the fittest). This is a time when political philosophy focused on ethical problems of the Aristocratic slave based. This was a time when people stopped slave trade and there was no economy and people only produced the necessities like food, clothing, and shelter. 2. Mediaeval Scholastic: During this era, economics was a clerical monopoly and the mediaeval economic ideas were essential. Individual economy behavior was relevant in the market economy rather than exchange economy which actually worked. 4. Modern: During the eighteenth century, Adam Smith, a French physiocrat, came up with the study of economics as a distinctive discipline, a science and a technique of analysis, and it was a time when economics was introduced to the people and everyone understood the essence of the economy. The two economic ideologies (classical Greek and mediaeval) which came up were mainly historical. The Greek and Mediaeval was based on political and theological interest and the approaches had little to do with modern economics. The mercantilist theory was developed during the seventh century. Mercantilists described economics as the art of managing a state, and they had created the element of demand and supply. They developed theories of interest rate, which had factors like yield of investment in the capital stock and the supply of loanable funds (Deane 3). The main focus was on external trading relationship on nations,

Friday, July 26, 2019

Poetry reflexition Essay Example | Topics and Well Written Essays - 250 words

Poetry reflexition - Essay Example here, the author has shown qualities of resiliency (as represented by the Sapele, tree being a sturdy and tall tree that is able to withstand strong gust of wind), and conscientiousness. As the literary piece loosens its meaning, the reader may found out the destruction whatever forces which had wreaked the environment. â€Å"This was before the sawmills†, â€Å"Forged copper scraped me a hollow body† and â€Å"The sharpest blade cut me a mouth† could only and literally mean the process of wiping out significant forested areas areas to make way for so-called development. However, the reader can consequently find out that it also meant the diminishing art, music, literature and the culture of Congolese people brought upon by the process of Westernization and assimilation. â€Å"I never learned Mangbetu language, its voiced and unvoiced trill. I speak only with a mouth carved shut.† And this was the sorry state of colonized countries in Africa which had most likely inspired the author to write the

Thursday, July 25, 2019

3 page executive report describing how information technology impacts Essay

3 page executive report describing how information technology impacts California Workers' Compensation Industy - Essay Example Information technology and its benefits have not yet been fully employed in the workers’ compensation industry although several instances of it are available. Providers have been using the EDI but the process is still a challenge in the workers’ compensation industry. The workers’ compensation is such a small part of the claim that many providers have yet to start with electronically processing of claims.2 The technology that is used in the industry is P2P link which provides an electronic â€Å"transaction hub† which allows information to be shared between payers and providers. The providers can submit bills, medical reports and other communication through web interface. An automated review checks the bill for accuracy and completeness before it reaches the insurance carrier for payment. This is in use at Lakeland which improves the flow of information and streamlines the adjudication of claims. It has improved the ability to execute the payment of workers’ compensation claims in a timely manner. While other states use the American Medical Association guidelines to ensure fair evaluation of physical impairment, California lags behind. The California Workers’ Compensation System (CWCS) is in the grip of crisis as doctors are leaving by the dozen. Doctors are dropping out because of the delays in reimbursements for treatments.3 Patient loads have doubled while treatment authorization takes months. The new SB 899 had become effective in 2004 but is now under severe scrutiny for the human suffering it has caused. Nobody in the state administration is concerned as the insurance company profits are soaring. The faster an insurer receives notice of an injury, medical treatment can be initiated timely, the injured starts recuperating fast and gets back to work. This would eliminate the cost of hiring an attorney to settle claims. This is where

Wednesday, July 24, 2019

Critical Perspectives on thechnology and organisation Essay - 1

Critical Perspectives on thechnology and organisation - Essay Example The case study by Scarbrough & Lannon (1989) describes the impact of innovations and technology on the UK banking sector and discusses possible problems and advantages of technology implementation. The authors suggest that innovations and technological change can help to improve knowledge and learning in different service sectors. One reason for this is that once new technical knowledge is acquired, it can usually be embodied in a readily transferable form. The smoothness and slope of the corporate technical learning curve depend on two factors: (1) how well learning about the particular technology is transmitted from site to site and (2) how representative of later sites the first ones that influence developers design decisions are. Scarbrough & Lannon (1989) underline that technology has a great impact on learning and service improvements. It is possible to apply ‘double loop learning’ to the case of the Bank of Scotland to describe learning and knowledge creation infl uenced by technology. â€Å"Double loop learning’ was first developed by Argyris & Schon in their work Theory in Practice: Increasing Professional Effectiveness published in 1974. â€Å"Double loop learning’ can be defined as â€Å"is learning where assumptions about ways of seeing things are challenged and underlying values are changed. Double loop learning, in questioning givens or taken-for-granteds, has the potential to bring about a profound shift in underlying values by cracking their paradigms or ways of seeing the world† (Argyris & Schon 1992, p. 18). Also, ‘Double loop learning’ can be characterized through reflection, particularly with others in dialogue. Applied to the case by Scarbrough & Lannon, it is possible to say that â€Å"double loop learning’ is achieved by means of technology and innovations. Scarbrough & Lannon (1989) state that learning and

What are the most important factors that influence the National Health Essay

What are the most important factors that influence the National Health Service in Modern Britain - Essay Example This paper analyses the influential factors that have shaped the structural aspects of the National Health Service in modern Britain. With a divisive background where state owned hospitals, the general practitioners and community as well as the domiciliary healthcare based services functioned as independent statutory entities, a new approach towards a modernized system with regards to the provision of comprehensive and co-ordinated healthcare services was fast needed to replace the old order (Markwell, 2009). The conception of the term â€Å"modern† denotes an era (1960s onwards) characterised by the adoption of a holistic frame of reference where traditional strategies were/are critically rethought over to capture the ever expanding consumer interest in a range of complementary healthcare approaches in the wake of a stronger wave of counter-culture (Daunton and Rieger, 2001). With industrialisation at hand, technology and political dynamics have played fundamental roles in directing policy shifts in conformity with a more demanding and ballooning populace. According to the Guillebaud Report, the changing trends in health issues and illness, the need for harmonious working relationships between the general practitioners and public hospitals towards more efficient preventive mechanisms, and the need for adequate healthcare provision to the growing number of the elderly in their own homes were issues of concern that needed to be addressed if the country was indeed serious in meeting every justifiable healthcare demand of its citizenry (Markwell, 2009). In fact, the impact of the growing numbers of the aging population on the NHS is indeed tremendous; the average public expenditure for retired households has nearly doubled that for non-retired households. The 2007/08 average value of NHS services for retired and non-retired population stood at  £5,200 and  £2,800 respectively; a clear indication of direct influence on

Tuesday, July 23, 2019

The Role of Nurse Practitioners Term Paper Example | Topics and Well Written Essays - 2000 words

The Role of Nurse Practitioners - Term Paper Example Education The minimum educational requirements for admission into PA programs are at least two years of undergraduate coursework in the basic and behavioral sciences. PA programs must be accredited by the Accreditation Review Commission on Education for the Physician Assistant. On average, an institution consists of 27 months of instructional and clinical content focusing on the care of patients over the lifespan (Ponte & O’Neill, 2013). Over the years â€Å"PA training has evolved into an advanced competency-based and accredited educational program, with the broad core curriculum content resembling that of medical school training† (Atwater et al, 2008, p. ...   involves inpatient and outpatient rotations in various settings including family and internal medicine, pediatrics, gynecology and obstetrics, general surgery, psychiatry, and emergency medicine (Atwater et al, 2008, p. 729).Contingent on the program, the PA student has conferred a Master’s, Bachelor’s, Associate’s, or Certificate degree. To attain licensure, all PA students take the same certifying exam administered by the National Commission on Certification of Physician Assistants (Ponte & O’Neill, 2013). NP programs, graduate programs based on the nursing model, are approved by the state board of nursing and are accredited by a national nursing accreditation body such as the Commission on Collegiate Nursing Education (American Association of Colleges of Nursing, 2013; Ponte & O’Neill, 2013). Dependent on the NP program, the average minimum requirement for admission is a baccalaureate degree in nursing or a baccalaureate degree in another fie ld (Ponte & O’Neill, 2013). In either case, to begin the program, a student must first obtain a registered nursing (RN) license in the state the school operates. Additionally, a majority of NP programs require the student to have at least one year of experience as an RN. Programs include two years of classroom instruction and clinical rotations; additionally, students must undergo a minimum of 500 clinical hours to complete requirements (Atwater et al, 2008; Cross, Boukus, Samuel & Yee, 2013).Moreover, unlike the PAs, NPs choose an area of specialization.

Monday, July 22, 2019

College Athletes Essay Example for Free

College Athletes Essay There are thousands of athletes playing for different colleges. They put their time and effort in it, yet they don’t get paid. When athletes play a sport, they have even more stuff to worry about than a regular student. They have to worry about their grades, staying fit to play, stay healthy, attend to practice every day there’s practice, and then after practice go home and do all their work even though they are tired. How much do they get paid for going through all that? Zero dollars. College athletes should get paid to play too. The average salary of a third division college coach is forty five thousand dollars a year. An average third division athlete makes nothing. Why are coaches being paid and not the athletes? Yes the coaches are giving up their time to coach the players, but the athletes are too, and they are also risking themselves of getting injured every time they step in to play or practice. If an average NBA player makes about ten million dollars a year then why doesn’t a college basketball player get paid? There is this new rule that when a college gives away a scholarship, it can be renewed. That means that if a player quits the team or gets injured to the point that they can’t play anymore, the college can renew the scholarship and take it away from the player and give it to another athlete or someone else. That is not fair because if a player gets a serious injury for playing, the college can just take away their scholarship, and their career gets ruined. One of examples involved Texas Christian University. Running back Kent Waldrep was paralyzed in a game against the Alabama Crimson Tide on October 26, 1974. TCU paid his medical bills for nine months, then cut him loose. They also took away Adams scholarship, too. College athletes are human just like every other student. By not giving them the ability to make money and not paying them, colleges and its members are expecting the athletes to live a sub-human existence, and putting them at a disadvantage to finish their college education. Athletes are big money makers for the colleges. College athletics are a big role in making money, and they attract students to their college. Colleges depend on their athletes to produce and maintain the popularity of their schools name. Many people argue that student athletes should not be paid because they are getting a free education through a scholarship. These people feel that they have already done a lot for them by giving them a scholarship to their colleges. On the other side, people think that the college athletes make enough profit for their colleges , and they argue that the colleges should owe the athletes more than just a scholarship . Student athletes should be given at least small profit from their income. College athletes aren’t allowed to work. How are they going to pay for all the necessary expenses if they come from poor families? This also leads to players accepting illegal money, cars, and clothes. When athletes that have the opportunity to leave school and turn professional they go for it, because college athletes live in near poverty. College athletes live in near poverty because the money they receive isn’t enough to pay for all of their expenses and necessities. The few athletes that graduate from college, that could turn professional before their senior year, stay because their parents support them by sending money. If college athletes are eligible to be paid, there would be more athletes graduating. Paying athletes would be good for everyone and players would go for an education instead of only concentrating on sports.

Sunday, July 21, 2019

Health Policy And The Social Determinants

Health Policy And The Social Determinants INEQUALITIES IN MENTAL HEALTH Introduction and definitions: Mental health is described by the World Health Organization (WHO) as: a state of well-being in which the individual realizes his or her own abilities, can cope with the normal stresses of life, can work productively and fruitfully, and is able to make a contribution to his or her community (WHO 2001a, p.1). According to NHS website every year in the UK, more than 250,000 people are admitted to psychiatric hospitals and over 4,000 people commit suicide (http://www.nhs.uk/conditions/mental-health/Pages/Introduction.aspx , accessed 20-4-2010) Mental health inequality is a long standing problem that has been tackled for decades by epidemiologists, sociologists and health professionals. And because this problem has both strong social and health aspect there is no unified approach to identification and resolution. From Sociologists viewpoint inequality with mental health is a problem that has two main explanations: people are poor because they have mentally illness that makes them unable to keep work probably (social selection), or they become mentally ill under the stress of being poor (social causation). However, in modern psychiatry other factors are believed to involve in the etiology such as genetic factors, diet, and hormonal disturbance which interact with personality disorders or emotional state to produce mental illness. The problem of inequality is not only about serious mental illness but we can expand the definition of mental health inequality to include everyday feelings which is considered by United Kingdom Department of Health to be public health indicator: How people feel is not an elusive or abstract concept, but a significant public health indicator; as significant as rates of smoking, obesity and physical activity (Mental Well-being Impact Assessment ,2009) The table below gives examples of those factors that promote or reduce opportunities for good mental health (DOH 2001): MENTAL HEALTH PROTECTIVE FACTORS INTERNAL PROTECTIVE FACTORS EXTERNAL PROTECTIVE FACTORS EMOTIONAL RESILIENCE physical health self esteem/positive sense of self ability to manage conflict ability to learn CITIZENSHIP a positive experience of early bonding positive experience of attachment ability to make, maintain and break relationships communication skills feeling of acceptance EMOTIONAL RESILIENCE basic needs met food, warmth, shelter CITIZENSHIP societal or community validation supportive social network positive role models employment HEALTHY STRUCTURES positive educational experiences safe and secure environment in which to live supportive political infrastructure live within time of peace (absence of conflict) MENTAL HEALTH DEMOTING/VULNERABILITY FACTORS INTERNAL VULNERABLE FACTORS EXTERNAL VULNERABLE FACTORS EMOTIONAL RESILIENCE congenital illness, infirmity or disability lack of self esteem and social status feeling of helplessness problems with sexuality or sexual orientation CITIZENSHIP poor quality of relationships feeling of isolation feeling of institutionalisation experience of dissonance, conflict, or alienation EMOTIONAL RESILIENCE needs not being met hunger, cold, homelessness/poor housing conditions etc. experience separation and loss experience of abuse or violence substance misuse family history of psychiatric disorder CITIZENSHIP cultural conflict experience of alienation discrimination the negative experience of being stigmatised lack of autonomy the negative experience of peer pressure unemployment HEALTHY STRUCTURES value systems effects of poverty negative physical environment Table 1: factors that promote or reduce opportunities for good mental health What is the evidence on mental health inequalities? Socio-economic status: Community-based epidemiological studies across countries and over time have consistently identified an inverse relationship between Socio-economic status and prevalence rates of schizophrenia .The ratio between the current prevalence (defined as period prevalence up to one-year prevalence) of the disorder among low-SES and high-SES people was 3.4, whereas the ratio for lifetime prevalence was 2.4 (Saraceno et al,2005), and in Britain, twice as many suicides occur among people from the most lower SES (Blamey A et al ,2002). There are five hypotheses to explain this relation (Hudson 2005): Hypothesis 1: Economic stress. The inverse SES-mental illness correlation is a speci ¬Ã‚ c outcome of stressful economic conditions, such as poverty, unemployment, and housing unaffordability. Hypothesis 2: Family fragmentation. The inverse SES-mental illness correlation is a function of the fragmentation of family structure and lack of family supports. Hypothesis 3: Geographic drift. The inverse SES-mental illness correlation results from the movement of individuals from higher to lower SES communities subsequent to their initial hospitalization. Hypothesis 4: Socioeconomic drift. The inverse SES-mental illness correlation results from declining employment subsequent to initial hospitalization. Hypothesis 5: Intergenerational drift. The inverse SES-mental illness correlation is a function of declines in community SES levels of hospitalized adolescents between their  ¬Ã‚ rst hospitalization and their most recent hospitalization after turning 18 Age: In elderly: National Institute for Mental Health in England (NIMHE) has reported the following point regarding mental health problems in elderly : 3million older people in the UK experience symptoms of mental health problems the annual economic burden of late onset dementia is  £4.3 billion which is greater than that for stroke, cancer and heart disease combined dementia affects 5% of those aged over 65 and 20% over 80 10-15% of all older people meet the clinical criteria for a diagnosis of depression these numbers are set to increase by a third over the next 15 years (NIMHE, 2009). Mental health problems in elderly often go unrecognised. Even where they are acknowledged, they are often inadequately or inappropriately managed (DH 2005c). The UK inquiry into mental health and well-being in later life (2006) identified five factors that influence the mental health of older people: discrimination (for example, by age or culture); participation in meaningful activity; relationships; physical health (including physical capability to undertake everyday tasks); and poverty. in children : WHO states, that the à ¢Ã¢â€š ¬Ã… ¾development of a child and adolescent mental health policy requires an understanding of well-being and the prevalence of mental health problems among children and adolescents(child and adolescent mental health policy, 2006) However, there is an evidence that levels of distress and dysfunction during childhood are considerably high between 11 per cent and 26 per cent, while the severe cases that require interventions are around 3-6 per cent of people under 16 years of age (Bird et al.1988; Costello et al. 1988). Emotionally disturbed children are exposed to abuse or neglect in their family of origin, with estimates up to 65 per cent (Zeigler-Dendy,1989). Gender: Women and Mental Health Mental health problems are more common among women than men with higher incidence rates of depressive disorder than men (Palmer, 2003). There are many factors to explain this, first: Socio-economic factors such as poverty and poor housing conditions cause greater stress and fear of future amongst women. lack of confidence and self-esteem may be the results of educational factors such negative school experiences , Living in unsafe neighbourhoods cause stress and anxiety amongst women , dependency on prescription drugs (for depressive and sleeping disorders) often leads to anxiety. Men and Mental Health Men tend to be more vulnerable to mental health problems and suicide than ever before due for a number of reasons including: Men in general are less likely to talk about their problems or feelings or to admit that they have depression. Men are less likely to seek help for mental and emotional health problems. Unemployment has a greater impact on men in general. Some mental disorders are more serious in men for example suicide is the leading cause of death among young men. The rate for young men aged 10-24 years is higher among those from deprived communities compared with those from affluent communities. Men also experience earlier onset of schizophrenia with poorer clinical outcomes (Piccinelli, 1997) Risk groups for mental illness in men include (DHSSPS,2004): Older men: they are less willing to use health services because of the perception that these services are for older women. Divorced men because they have less support available from family , and services designed to meet the needs of this group is particularly. Male victims of domestic abuse -especially boys in rural areas. Gay and bisexual men few services are available to help men deal with problems such as homophobic bullying and harassment. Male survivors of sexual abuse lack of co-ordinated support for adult survivors of abuse Fathers despite examples of good practice, men have comparatively less access to support services than women, to enable them to cope with the stresses of parenthood. Bereaved men lack of appropriate services specifically targeted at men who have experienced bereavement. Men in rural areas particularly isolated in terms of service access. Young offenders inadequate psychological services in juvenile justice centres despite the high proportion of young people entering the juvenile system with a range of mental health problems. Ethnic group: A review by Commission for Healthcare Audit and Inspection,( Count me in, 2009) noted that Rates of admission were lower than the national average among the White British, Indian and Chinese groups, and were average for the Pakistani and Bangladeshi groups. They were higher than average among other minority ethnic groups particularly in the Black Caribbean, Black African, Other Black, White/Black Caribbean Mixed and White/Black African Mixed groups with rates over three times higher than average, and nine times higher in the Other Black group. Employment Status and Mental Health Having a job helps to maintain better mental health than not having one, but this is not always true as many factors involve For example, jobs which are unsatisfactory or insecure can be as harmful to health as unemployment (Wilkinson et al , 2003). Anxiety about job security, lack of job control, perceived effort-reward imbalance, negative relationships in the workplace, including bullying and harassment can have negative mental health consequences. According to OSC Health Inequalities Review (2006) people with a common mental disorder are five times more likely to be unemployed, and if they have work they are more likely to be excluded, people with an identified mental health problem are twice as likely to be on income support and four to five times more likely to be getting invalidity benefits. A person with a diagnosis of a psychotic illness leaves him with only a one in four chance of being in employment. Geographic variation: Studies result on geographic variation of mental illness are inconsistent , for example Hollie has concluded that In mental health problems there is substantial variation at the household level but with no evidence of postcode unit variation and no association with residential environmental quality or geographical accessibility. It is believed that in common mental disorder the psychosocial environment is more important than the physical environment (Hollie et al, 2007) On the other hand, a recent Swedish study of 4.4 million adults found that the incidence rates of psychosis and depression rose with increasing levels of urbanisation (Sundquist K.et al.,2004). Another study by Royal Commission on Environmental Pollution shows that people from densely populated areas had a 68-77% and 12-20% higher risk of developing any psychotic illness and depression respectively when compared to a control group in rural areas. Within urban areas the rates for psychoses map closely those for deprivation and the size of a city also matters; in London schizophrenia rates are about twice those in Bristol or Nottingham (Royal Commission on Environmental Pollution, 2007a, 2007b). Disability and Mental Health: Definition: According to Disability Discrimination Act (1995) (DDA) A person has a disability if he has a physical or mental impairment which has substantial and long-term adverse affect on his ability to carry out normal day to day activities In the light of this definition we can focus on mental health inequality of three groups of people: à ¢Ã¢â€š ¬Ã‚ ¢ People suffer socio-economic disadvantage caused by stigma and discrimination associated with their mental health problems. à ¢Ã¢â€š ¬Ã‚ ¢ People with both mental health problems and physical disabilities. à ¢Ã¢â€š ¬Ã‚ ¢ People with physical disabilities, whose experience discrimination and stigma because of their physical impairment and become mentally ill because of this experience. Disabled people are more likely to experience stress and emotional instability than those who are not disabled. a report by the Equality Commission for Northern Ireland (2003) has found that whilst 34% of those who were not disabled had experienced quite a lot or a great deal of stress in the last 12 months prior to the survey, the percentage rose to 52% for disabled people. Experiences of depression within the last 12 months were higher among women who were disabled (44%) than men (34%). Conclusion: Inequality in mental health is as important as any other form of health inequality, however the interaction between social and personal level in mental illness makes it more difficult to address different kinds of mental health Inequalities associated with it. Question 2 : word count (2000) Tackling inequalities in mental health Introduction: Mental illness, among other disorders, is widely considered as a significant determinant of both health and social outcomes and many studies have spotted mental health disorders as both consequence and cause of inequalities and social exclusion. Mental health diseases have two distinct characteristics as a public health problem: first very high rates of prevalence; secondly : onset is usually at a much younger age than for other health problem , Mental health diseases effects all areas of peoples lives : personal relationships, employment, income and educational performance. (Friedli and Parsonage , 2007; McDaid , 2007) Who is at risk for mental health problems? Defining risk groups enables policies makers to determine how to manage available resources to achieve better health equality. Furthermore, these groups are the main targets for health equality promotional programs. A review of recent evidences on mental health inequalities can help to define the large groups at risk: à ¢Ã¢â€š ¬Ã‚ ¢ People living in institutional settings: such as care homes or those in secure care or subject to detention. à ¢Ã¢â€š ¬Ã‚ ¢ People living in unhealthy settings and who may not be reached by traditional health care such as veterans or the homeless. à ¢Ã¢â€š ¬Ã‚ ¢ People with physical and/or mental illness, people misusing drugs, people with alcohol problems, people who are victims of violence and abuse. à ¢Ã¢â€š ¬Ã‚ ¢children whose parents have problems with alcohol or with drugs, children whose parents have a mental illness and looked after and accommodated children, à ¢Ã¢â€š ¬Ã‚ ¢ People from groups who experience discrimination. Key policies: These policies can be long term policies focusing on deep change over long period or short term seeking fast results such as health promotion. Long term aims: Inequalities in mental health are not only about equality of access, but also about quality of access. In the year 2009 Mental Health Foundation has published a report on resilience and inequalities in mental health (Mental Health, Resilience and Inequalities ,2009) This report mentioned four priorities for action: 1-Social, cultural and economic conditions that support family life: This can be done by reduce child poverty , parenting skills training and high quality preschool education , increasing access to safe places for children to play, especially outdoors, inter-agency partnerships to reduce violence and sexual abuse. 2- Education that helps children both economically and emotionally by: schools health promoting programs, involving teachers, pupils, parents and supporting parents to improve the home learning environment (HLE) support social, sports and creative achievements, as well as academic performance 3- Reduce unemployment and poverty levels and promote and protect mental health by: Supporting efforts to improve pay, work conditions and job security. Facilitate early referral to workplace based support for employees with psychiatric symptoms or personal crises to prevent employment breakdown. 4- Tackle economic and social problems, which cause the psychological distress. Such as housing/transport problems, isolation, debt, beside that art and leisure centres can help to reduce stress too. However, these strategies take long time to be effective, that means the need for more rapid actions or short term aims. Short term aims: Mental health promotion: To build an effective strategy to promotion for health equality the following points should be achieved: à ¢Ã¢â€š ¬Ã‚ ¢ Comprehensive: Mental Health promotion is not only the responsibility of health services alone; other sectors of society should join that effort. à ¢Ã¢â€š ¬Ã‚ ¢ Based on evidence à ¢Ã¢â€š ¬Ã‚ ¢ Based on the needs of the local communities, and with the agreement of these communities. à ¢Ã¢â€š ¬Ã‚ ¢ Subject to evaluation: The strategy should be subject to critical evaluation and can be changed when necessary. A good example of such strategy is the Mental health national evidence based standards which have been issued by The National Service Framework for Mental Health (DOH 1999). The purpose of these standards is to deal with mental health discrimination and social exclusion associated with mental health problems. And that can be achieved by promotion: promote mental health for the whole society, working with individuals and communities Stop discrimination against individuals and groups with mental health problems, and take steps towards better promotion for their social inclusion. Tackling inequalities for special risk groups: The Suicide prevention strategy: One of the best example is the strategy based on work by (DOH 2002) and The NSPSE (National Suicide Prevention Strategy for England), the report was the result of literature review of suicide prevention programs around the world and has reached the following goals: 1. To reduce the risk in key high-risk group. 2. To promote mental well-being in the wider population. 3. To reduce the availability and lethality of suicide methods. 4. To improve the reporting of suicide behavior in the media. 5. To promote research on suicide and suicide prevention. 6. To improve monitoring of progress towards the target for reducing suicide. Women and Mental Health: Preventing: The results of UK-based survey (Williams, 2002) shows that mental health services for women: Do not meet womens mental health needs. Can replicate inequalities. Can be unsafe for women. Can be insensitive to the effects of gender and other social inequalities, such as race, class and age However, in their response to a survey conducted in England and Wales, women said that they wanted services that: à ¢Ã¢â€š ¬Ã‚ ¢ Keep them feel safe. à ¢Ã¢â€š ¬Ã‚ ¢ Promote empowerment, choice and self-determination. à ¢Ã¢â€š ¬Ã‚ ¢ Place importance on the underlying causes and context of their distress in addition to their symptoms. à ¢Ã¢â€š ¬Ã‚ ¢ Addressee important issues relating to their roles as mothers, the need for safe accommodation and access to education, training and work opportunities. à ¢Ã¢â€š ¬Ã‚ ¢ Value their strengths, abilities and potential for recovery. (DH, 2002a) These points are important to build a need-based action plan for better equality in health services. Men and Mental Health: Preventing: The Equal Minds conference workshop which had special focus on men and mental health listed five service design features targeted at mens mental health and well-being (equal minds, 2005): à ¢Ã¢â€š ¬Ã‚ ¢ Accessibility and flexibility of services regarding time, location. For example, Select places familiar for men, Men Only sessions run by male staff, make use of some activities, such as sport and physical activity programmes. à ¢Ã¢â€š ¬Ã‚ ¢ Holistic approach, works on the person as a whole, not just on mental health. à ¢Ã¢â€š ¬Ã‚ ¢ Early intervention to prevent anxieties and concerns build up, especially in stress and anger management. à ¢Ã¢â€š ¬Ã‚ ¢ Trust and confidence are important to solve problems of identity and role that can underlay mens anxieties and self-perceptions or lack of self-esteem. Ethnicity and Mental Health: Preventing: The main problem in this field was the barriers to access services. Barriers include: à ¢Ã¢â€š ¬Ã‚ ¢ Language. à ¢Ã¢â€š ¬Ã‚ ¢ Stereotyping. à ¢Ã¢â€š ¬Ã‚ ¢ Lack of awareness or understandings of mental illness. The report Inside Outside (Sashidharan, 2003) which addresses mental health services for people from black and minority ethnic communities in England and Wales. Suggest that patients from all minority ethnic groups are more likely than white majority patients: à ¢Ã¢â€š ¬Ã‚ ¢ To follow aversive pathways into specialist mental health care. à ¢Ã¢â€š ¬Ã‚ ¢ To be admitted compulsorily (there are differences also between ethnic groups at all ages). à ¢Ã¢â€š ¬Ã‚ ¢ To be misdiagnosed. à ¢Ã¢â€š ¬Ã‚ ¢ To be prescribed drugs and Electroconvulsive therapy (ECT), more than talking therapies. à ¢Ã¢â€š ¬Ã‚ ¢ To have higher readmission rates and stay for longer periods in hospital. à ¢Ã¢â€š ¬Ã‚ ¢ To be admitted to secure care/forensic environments. à ¢Ã¢â€š ¬Ã‚ ¢ Their social care and psychological needs are less likely to be addressee within the care planning process. à ¢Ã¢â€š ¬Ã‚ ¢ To have worse outcomes. A strategic approach in Ethnicity and Mental Health: In England and Wales a framework have been developed for action for delivering race equality in mental health (DH, 2003b) The framework focuses on three building blocks which are essential to improved outcomes and experiences of people from black and minority ethnic communities: à ¢Ã¢â€š ¬Ã‚ ¢ Information of better quality and more intelligently used. à ¢Ã¢â€š ¬Ã‚ ¢ Services which are more appropriate and responsive. à ¢Ã¢â€š ¬Ã‚ ¢ Increased community engagement In other words any approach should take in consider both quality of health services and the socio-economic disadvantages experienced by people from ethnic communities. Some suggested steps for this approach may include: Providing interpretation and translation services beside mental health service to insure highest possible quality. Adopting equalities practice in mental health services, that mean better understanding for cultural identity, the impact of racism, and culture differences in expression of mental distress. Developing assessment and diagnostic tools that can better assess patients from different backgrounds and ethnicities. Ensuring that services understand and respect spiritual requirements for different cultures. Ensuring access equality to culturally appropriate services including, counseling, psychotherapy and advocacy. Addressing common problem for people from black and minority communities, such as housing, employment, welfare benefits, and child-care. Disability and Mental Health: people with disabilities may experience high levels of socio-economic disadvantage due to discrimination and stigma , this group need a special interest regarding mental health services , they are liable for what Rogers and Pilgrim (2003) described :inequalities created by service provision. Mental health services for disable people should be customized to their needs, some recommendations for such services may include: Promotion for mental health, well-being and living with disability. Early intervention: for people who show symptoms for possible mental illness. Personalised care based on individuals needs and wishes Stigma: work for better social inclusion and tackling stigma and discrimination associated with some disabilities. Elderly and mental health: In order to achieve better equality for this group, policy makers should insure better access to mental health services on the first place. In the year 2005 the Department of Health published a report titled Securing Better Mental Health for Older Adults to launch a new programme to bring together mental health and older peoples policy in order to improve services for older people with mental health problems. The National Directors for older people and mental health promoted the dual principles of: à ¢Ã¢â€š ¬Ã‚ ¢ Delivering non-discriminatory mental health and care services available on the basis of need, not age and à ¢Ã¢â€š ¬Ã‚ ¢ Holistic, person-centred older peoples health and care services which address mental as well as physical health needs Here, it is essential to emphasis the importance of specialist mental health service for older adults. Sexual Orientation and Mental Health: In this group health promotion plays a great role to address the mental problems associated with sexual orientation. PACE organization has drawn up a set of practice guidelines for working with lesbian, gay and bisexual people in mental health services (PACE guideline.2006). The guidelines suggest promoting services and resources specifically for LGB people, including services such counselling and advocacy provided by LGB organisations. In response to these guidelines and studies about LGB such as (McNair et al, 2001). Mental health services for LGB people should: Reflect upon the homophobia and heterosexism that LGBT people may experience within mental health services. Enhance awareness of LGBT people problems, and the forms of discrimination and social exclusion they may face. Consider the nature of a culturally competent for LGBT people Preventing in Mental Health Problems: people with mental health problem are in need for resilience factors that enable them to recover from mental distress and to fight the effects of discrimination and stigma, we can name some of these factors such as confiding relationships, social networks, self-determination, financial security, however, support health services are essential for individual recovery and to achieve socially inclusive accepting communities (Dunn, 1999). Examples for these services can be found in report on Mental Health and Social Exclusion which has been published by Social Exclusion Unit. The report included a 27-point Action Plan aimed at tackling stigma and discrimination, focusing on the role of health and social care in addressing problems of social exclusion, unemployment, and supporting families and community participation through ensuring access to goods and services such as housing, financial advice and transport (SEU,2004). Beyond this report, it is important that policy makers be aware of connection between inequalities and mental health as a result and a cause, this will encourage more holistic approach that aim prevention on the long run. Conclusion: It is essential to put the different recommendations on mental health inequalities into everyday practice , for example a recent study by Glasgow Centre for Population Health found that policies are not driving practice for reducing inequalities in mental health within primary care, and the primary care organization studied is not conducive to addressing inequalities in mental health. (Craig, 2009). For that reason, it is the responsibility of government, health services and health professionals to put these strategies and plans into action to insure a better and healthier society.