An Analysis of Young Mr. Goodman Brown

He uses symbolism, diction, and tone to enhance the readers experience and to more effectively write the story. This piece also references several real life historical events to make his story more powerful and believable. Many traits of the Romantic period are reflected in this piece, such as the focus on personal emotion and the power of the natural world. Hawthorne was also influenced by writers from the Transcendental movement and that can be seen in his work. The Speaker in Mr.. Goodman Brown† is an unidentified narrator. Even though the story is not being told from Mr..Goodman perspective it is written in a way that reveals his emotions to the reader. Hawthorne used diction to allude to Mr.. Goodman emotions and feelings. We know that he Is feeling scared when he Is walking through the forest because words Like dreary, darkened, evil. Gloomiest, creep, and lonely are used to describe his setting. We also know Mr.. Goodman Brown is fearful of the man because when we talks to him he has a tremor in his voice. The man Is also described as â€Å"having an indescribable air, of one who knew the world. † The tremor In Mr.. Goodman voice shows that he Is Intimidated by the figure.It seems Ironic that he calls the man â€Å"his companion†. I believe he does this out of fear and in hopes of gaining his respect so that he will not hurt him. Hawthorne holds off on revealing the occasion of their meeting until nearly halfway through the story. The suspense makes the reader anxious and everything about the Journey becomes that much more mysterious. He keeps referring to â€Å"the journey† which is unknown, and all the reader knows is that Mr.. Goodman is uncertain of it and It Is something that he eels he needs to hide from his wife, Faith.The reader Is given hints as to what the meeting could be about because of the evil man. He is referred to as the devil and even people who pass by recognize this. This helps to foreshadow the witchcraft c eremony that Mr.. Goodman finds himself at. ! Hawthorne uses a lot of symbolism in Muffing Mr.. Goodman Brown† to add more youth. She is describes as â€Å"thrusting her own pretty head into the street, letting the wind play with the pink ribbons of her cap. † This image is very carefree and paints the picture of someone very small, like a young girl. Faith's youngness serves as a double symbolism that reflects purity.Faith is young, naive, and innocent. This innocence and purity does not come from her youth alone, but also from her faith in God. Faith's faith is strong and it is something that Mr.. Goodman respects. Also, Mr.. Goodman own faith is tested in this story to determine whether he is good or evil. Another item in this story that has great symbolism is the evil man's staff. His staff represents evil, and it is almost like a spirit that overcomes who even takes hold of it. The staff seems to hold all of he devil's power within it because as soon as he touches Goody Close she proclaims, â€Å"the devil! The staff is an item of anachronism in this story. The alive and serpent like features of the staff, specifically how it turns into a snake when it is thrown on the ground refer to Moses in the Bible. God commands Moses to throw his staff on the floor before the King of the Egyptians so it will become a snake. God commands this in hopes of proving to them that He is God and he is all powerful. The staff has the same kind of power over everyone it comes in contact with, and impolitely alters who they are. The diction in Muffing Mr.. Goodman Brown† is a huge part of the reader's experience.The diction in this story helps to build the tone and makes the reader feel a certain way whether it be scared, mystified, or bewildered. At the beginning of the story Mr.. Goodman Brown is very sincere. He wants Faith to know that he truly loves her by calling her â€Å"My love, my sweet, pretty wife. † He wants her to feel comfortable and t his is reflected in the diction of this passage. Words like sleep, dreams, pray, pretty, dearest, and heart are used to show his compassion. As soon as he parts with Faith there is a major tone shift.He begins feeling scared and doubts his decision. As he enters the woods the diction reflects his fear with words like smote, narrow, peculiarity, thick, unseen, and solitude describing his surroundings. In this passage the syntax is also very intense and is used to enhance the readers emotions as well. The sentences are sharp and Jagged like the night in the woods. Many literary devices such as, diction, syntax, and tone were used by Hawthorne in Muffing Mr.. Goodman Brown† to create a more powerful story and accurately project ear and bewilderment into the minds of his readers.Hawthorne also used symbolism to tie his story together and penetrate it with the theme. Hawthorne was a master of emotions and creating them. Not only did the reader feel emotions while helps the reader c onnect with the characters and makes a very unbelievable story seem more like reality. This text is important because it opens its readers up to rich examples of how diction and syntax can be used to create extreme tones that effect its readers. It also gives some insight into the Romantic period my emphasizing the power of human emotion in nature. Total words: 1 ,093

Constitutional Recognition of Indigenous Australians Essay

Introduction During the 2010 Federal election, both major political parties campaigned on indigenous affairs. Following the ALP’s victory, Prime Minister Gillard established an independent Expert Panel to â€Å"to investigate how to give effect to constitutional recognition of Aboriginal and Torres Strait Islander peoples. † Two schools of thought have dominated the national conversation of how this should be achieved. One view is that an amendment to the preamble of the constitution will provide safe and symbolic recognition. The alternative view is that more substantive reform is required to secure equality before the law. On January 16 2012, the Panel presented the Prime Minister their report and proposed five amendments to the Commonwealth Constitution. This paper will evaluate the five proposals and the reasons offered by the Panel. Each amendment will be analysed on its symbolic significance and potential legal ramifications. Finally this paper will conclude on how to best give Indigenous Australians recognition within the constitution. Constitutional Recognition For the panel, constitutional recognition of Indigenous Australians means removing provisions in the Constitution that contemplate racial discrimination. Whether intended or not, the five proposals address the broader issues of racial discrimination and equality before the law within the Commonwealth Constitution. Repealing section 25 In its report, the Panel indicates that 97. 5% of all submissions approve of repealing section 25. Section 25 reads: For the purposes of the last section, if by the law of any State all persons of any race are disqualified from voting at elections for the more numerous House of the Parliament of the State, then, in reckoning the number of the people of the State or of the Commonwealth, persons of that race resident in that State shall not be counted. On face value, section 25 appears racist as it contemplates States excluding voters on the grounds of race. This interpretation has been affirmed by Chief Justice Gibbs in McKinlays’s case (1975). Section 25 must be read with section 24 to ascertain the real intention of the framers. Section 24 specifies that the number of lower house representatives is determined by dividing the total number of people of the Commonwealth by twice the number of senators and then dividing the population of each state by that quota. Therefore, by racially excluding voters the numerical input of the State’s population is reduced; the State’s federal representation decreases and discriminatory states forgo greater federal representation. Although section 25 was intended to penalise racially discriminatory states, a State was able to enact discriminatory legislation by drafting laws that did not disenfranchise ‘all’ members of a racial group. For instance, New South Wales denied certain classes of indigenous people the right to vote. The panel states that this proposal is ‘technically and legally sound’. Many constitutional commentators agree but there is a small minority who have identified possible legal consequences. In 1980, Justice Dean included section 25 as a provision guaranteeing the right to vote. The right to vote is not constitutionally entrenched. Parliament has authority to determine the electoral process pursuant to section 30. It is unclear whether the High Court would find legislation that disqualified people of certain races from voting invalid because of the section 7 words ‘directly chosen by the people’ and section 24. Theoretically, it may be argued that section 25 should not be removed until the right to vote is constitutionally entrenched. However, this view is highly unorthodox and section 25 should be repealed. Repealing section 51 (XXIV) Section 51(xxvi) authorises the Commonwealth to make laws with respect to â€Å"the people of any race for whom it is deemed necessary to make special laws†. The Panel recommends removing section 51(xxvi) as it contemplates discrimination against Aboriginal and Torres Strait Islander peoples. In Koowarta v Bjelke-Petersen, the Aboriginal Land Fund Commission was denied purchasing Pastoral property from the Crown. The Queensland Minister for Lands reasoned that ‘the government did not view favourable proposals to acquire large areas of land for development by Aborigines in isolation’. Koowarta argued that the Minister was in breach of sections 9 and 12 of the Racial Discrimination Act 1975 (Cth). Joh Bjelke-Petersen challenged the constitutional validity of the Racial Discrimination Act 1975 (Cth). The Premier argued that s51(xxvi) ‘does not confer power to make laws which apply to all races’. A majority of the High Court found that sections 9 and 12 of the Racial Discrimination Act 1975 were invalid pursuant to s 51 (xxvi). The Hindmarsh Island Bridge case illustrates parliament’s ability to enact adversely discriminatory laws in relation to race. The case concerned whether the Hindmarsh Island Bridge Act 1997 (Cth) could remove rights which the plaintiffs enjoyed under the Aboriginal and Torres Strait Islander Heritage Protection Act 1986 (Cth). The Ngarrindjeri women argued that the races power only allowed parliament to pass laws that are for the benefit of a particular race. The Commonwealth argued that there were no limits to the power. The High Court found that as the Heritage Protection Act was validly enacted under s 51(xxvi), the same head of power could support a whole or partial repeal. The High Court was divided on whether S 51(xxvi) could only be used for the advancement or benefit of a racial group. In his judgement, Justice Kirby found that section 51 (xxvi) ‘does not extend to the enactment of laws detrimental to or discriminatory against, the people of any race (including the Aboriginal race) by reference to their race’. Justices Gummow and Hayne said that there was no basis for reading s51(xxvi) as not permitting adverse discrimination. In summary, Kartinyeri v The Commonwealth did not confirm that laws enacted under section 51 (xxvi) must be beneficial. Since then, it has generally been accepted that s 51 (xxvi) gives the Commonwealth power to discriminate either in favour or against members of a particular race. The removal of S51 (xxvi) would be a significant symbolic gesture to Indigenous Australians as they are the only group to whom section 51(xxvi) laws have been enacted. Not all laws passed under s 51 (xxvi) have been adversely discriminatory. In Commonwealth v Tasmania (The Tasmanian Dam Case), sections 8 and 11 of The World Heritage Properties Conservation Act 1983 (Cth) were held to be constitutionally valid pursuant to s 51 (xxvi). As a result, the Franklin River Hydroelectric Dam could not be constructed in a place considered spiritually significant by Aboriginal people. A repeal of section 51 (xxvi) might not invalidate the World Heritage Properties Conservation Act. Other powers, specifically the external affairs power in s51 (xxix), would support this legislation under the principle of dual characterisation. Other beneficial legislation may not be supported under the same principle. In Western Australia v The Commonwealth, the court found The Native Title Act 1993 (Cth) constitutionally valid pursuant to section 51 (xxvi). The court did not find it necessary to consider any other heads of power. Australia’s endorsement of the UN Deceleration on the Rights of Indigenous People may provide scope to support the Native Title Act 1993 (Cth) under the external affairs power. However, it seems reckless to gamble with legislation that establishes a framework for the protection and recognition of native title. Repealing section 51 (xxvi) will also limit the Commonwealth’s ability to pass new laws for the advancement of Indigenous Australians. For these reasons, the Panel proposes that the repeal of section 51 (xxvi) must be accompanied by a new head of power with respect to Indigenous Australians. Inserting section 51A The preamble to S51A is the first recommendation which actually addresses the important contributions of Indigenous Australians. Section 51A also allows the Commonwealth to makes laws with respect to Aboriginal and Torres Strait Islanders. Similar to section 51(xxvi), the power contained within section 51A is not subject to any conditions. This is somewhat of a double edged sword. All laws currently passed under section 51 (xxvi) have only been enacted with respect to Indigenous Australians. As the power is not subject to any restriction, all legislation pursuant to section 51 (xxvi) would most likely be supported by section 51A. Alternatively, section 51A could be used to enact legislation that is adversely discriminatory. The Panel states that the preamble which acknowledges ‘the need to secure the advancement of Aboriginal and Torres Strait Islander peoples’ will mitigate this risk. However, a preamble is only used to resolve an ambiguity within a text. The power to make laws with respect to Aboriginal and Torres Strait Islander peoples is not particularly ambiguous. The Panel’s predicts laws passed pursuant to s 51A would be assessed on whether they broadly benefit the group concerned. The actual word used is ‘advancement’ which would be interpreted differently to ‘benefit’. Furthermore, the High Court is not always ready to embrace a value judgement such as one based ‘benefit’. Credit should be given to the Panel for this proposal. The preamble to Section 51A constitutionally recognises the history, culture and contributions of Indigenous Australians. The new head of power will likely ensure that current legislation pursuant to section 51 (xxvi) will continue to operate. Section 51A also removes parliament’s power to enact laws with regards to a person’s race. This proposal addresses the apartheid nature of our constitution. However, Section 51A is not the white knight which was hoped for. It will be the courts who decide whether this new power is ambiguous. If Section 51A is found to be ambiguous, the courts will have significant discretion in interpreting the meaning of â€Å"advancement†. To overcome these issues, the panel has recommended that a racial non-discrimination provision (S116A) be added to the constitution. Inserting section 116A There are both policy and legal issues concerning section 116A. Firstly, Australia has a history of avoiding constitutional entrenchments of rights. The proposed anti-discrimination provision only protects racial groups. Section 116A may be viewed as privileging anti-racial discrimination over anti-sex discrimination or anti-homophobic discrimination. The first legal consideration is which groups will be protected by section 116A. Jewish people are recognized as an ethnic group but Muslims are not. It is uncertain whether Muslims would receive the same protection as Jews. Furthermore, would a person who converted to Judaism receive identical protection as a person who was born Jewish? The second legal issue is how Section 116A will affect existing state and commonwealth anti-discrimination legislation. For example, Anti-discrimination state law authorise discrimination in the employment of actors for reasons of ‘authenticity’. In addition, sections 12 and 15 of the Racial Discrimination Act 1975 (Cth) permits people to discriminate when they are searching for someone to share or work with in their home. Once again, it will be for the court to decide if these provisions are constitutionally invalid. The panel has affirmed that S116A (2) will support laws enacted under s 51 (xxvi) and section 51A. Like section 51A, section 116A could be interpreted by the courts in ways that were not intended. The courts will have significant discretion in determining what â€Å"is for the purpose of overcoming disadvantage†. An important issue for the Indigenous community is the Northern Territory Intervention. In Wurridjal v Commonwealth, the high court upheld the government’s partial repeal of the Racial Discrimination Act under the race powers. The court also upheld the Northern Territory National Emergency Response Act pursuant to section 51 (xxix). Due to the principle of dual characterisation, it is unlikely that S116A will provide an avenue for Indigenous people to contest the intervention. S116A is probably the most controversial recommendation as it concerns equality before the law. This issue is probably better dealt with by an expert panel assessing a Bill of Rights. To achieve a similar result, the panel could propose that section 51A has an accompanying provision similar to 116A(2). Insert section 127A. Section 127A is a provision which recognises Indigenous languages as the original language of Australia. A separate language provision is necessary to capture the importance of traditional languages within Indigenous culture. Section 127A also acknowledges that English is the national language of Australia. The Panel rejected a submission suggesting ‘all Australian citizens shall have the freedom to speak, maintain and transmit the language of their choice’. The Panel did not want to give rise to legal challenges regarding the right to deal with government in languages other than English. It is unclear what practical consequence would flow from s127A. Section 127A could be used to secure funding for Indigenous languages on the grounds of ‘national heritage’. Nonetheless, the Panel does not intend for this provision to give rise to new legal rights. S127A is symbolically important and is an appropriate way of constitutionally recognising Indigenous Australians. Summary of analysis This analysis concludes that the five proposals put forward by the panel appropriately balance substantive reform and symbolic significance. As a result, the Panel should be congratulated. If the Panel’s goal was to remove overtly racist tones within the Australian Constitution then they have succeeded. If the panels objective was to definitively correct the wrongs of Kartinyeri v Commonwealth and the Northern Territory Intervention then they have failed. The amendments proposed do not sufficiently address racial discriminatory acts passed under other heads of power. Section 116A(2) has been perceived as a tasteful reformulation of the races power. Furthermore, the proposals provides the courts substantial discretion in interpreting terms such as â€Å"overcoming disadvantage†, â€Å"advancement† and â€Å"group†. In essence, the most important issue does not concern symbolic change or substantive reform. It is simply a question of which proposals will gain bipartisan support. Conclusion The panel’s proposals could succeed at referendum. Firstly, Australians are more likely to support something substantive than purely symbolic. Secondly, this is not an issue which would be perceived as a ‘politicians’ proposal. Australians are hesitant to support proposals perceived as self-serving. Thirdly, the Panel indicates that its proposals are capable of being supported by an overwhelming majority of Australians. Nonetheless, to succeed at referendum, the support from the Federal opposition government and all State governments is essential. It is very easy, and sometimes attractive, for the federal Opposition to oppose a referendum. It can be a useful way of generating a negative public reaction to the government and its agenda. Since 2010, the Coalition has fought the government on nearly every political issue. Even when the parties agree in principle, they have different ways of solving the issue. For example, both parties are for off-shore processing of illegal immigrants but disagree on where and how it should be done. Both parties are committed to recognising Indigenous Australians within the constitution. So far, the LNP has said it will consider substantive reform but has only committed to preambular recognition. The Panel not only recommends substantive reform but also addresses racial equality before the law. It is very uncertain whether the LNP will support a policy so different to their 2010 election promise. The next federal election is only 18 months away. If the referendum and election are held concurrently, there is more incentive for the Coalition to oppose the Panel’s recommendation. It would be disastrous for the nation if the referendum fails. The ‘gap’ will swell and the international community will view Australia as a nation of racists. It could be argued that the Government should have appointed a bipartisan panel rather than an independent panel. A bipartisan panel may not have produced ‘better’ recommendations to those of the Panel. They would, however, have generated proposals that both parties would stand behind. Bibliography * ABC Television, ‘Asylum seeker stand-off intensifies’, The Midday Report, 20 December 2011. < http://www.abc. net. au/news/2011-12-20/bowen-seeks-bipartisan-meeting-on-offshore-processing/3739984> at 29 April 2012. * Aboriginal and Torres Strait Islander Social Justice Commissioner, ‘Declaration on the Rights of Indigenous Peoples, Australian Human Rights Commission’, . * Kerr, Christian, ‘Libs baulk on referendum support’, The Australian, 30 January 2012 < http://www. theaustralian. com. au/national-affairs/indigenous/libs-baulk-on-referendum-support/story-fn9hm1pm-1226256684571>. * Keyzer, Patrick, Principles of Australian Constitutional Law (LexisNexis Butterworths, Australia: 3rd ed, 2010). * Kildea, Paul, ‘More than mere symbolism’, Australian Financial Review, 10 February 2012. * Kirby, Michael, Constitutional Law and Indigenous Australians: Challenge for a Parched Continent, Law Council of Australia, Old Parliament House, Canberra, Friday 22 July 2011 Discussion Forum ‘Constitutional Change: Recognition or Substantive Rights? ’. * Law Council of Australia, Constitutional Recognition of Indigenous Australians Discussion Paper, 19 March 2011. * LexisNexis AU, Halsbury’s Laws of Australia, (at April 2012), ’90 Constitutional Law’ [90. 1620]. * McHugh, Michael, Australian Constitutional Landmarks (Cambridge University Press, Cambridge, 2003). * McQuire, Amy, ‘Constitutional reform report sparks mixed reviews’, Tracker, 19 January 2012. * Morris, Shireen, ‘Agreement-making: the need for democratic principles, individual rights and equal opportunities in Indigenous Australia’ (2011) 36 Alternative Law Journal 3. * Morris, Shireen, ‘Indigenous constitutional recognition, non-discrimination and equality before the law: why reform is necessary’ (2011) 7 Indigenous Law Bulletin 26. * Morse, Bradford, â€Å"Indigenous Provisions in Constitutions Around the World† 2011 Paper located at . * Pengelley, Nicholas, ‘Hindmarsh Island Bridge Act – Must Laws Based on the Race Power be for the Benefit of Aboriginal and Torres Strait Islanders- and What has Bridge Building got to do with the Race Power Anyway’ (1998) 20 Sydney Law Review 144. * Prior, Flip, ‘Recognition poll unlikely, days Dodson’, The West Australian, 11 April 2012. * Rintoul, Stuart, ‘Race power opens Pandora’s box’, The Australian, 22 December 2011 * Rowse, Tim, ‘The practice and symbolism of the ‘race power’: rethinking the 1967 referendum’ (2008) 19 Australian Journal of Anthropology 1. * Sawer, G, ‘The Australian Constitution and the Australian Aborigine’ (1966) 2 FL Rev 17. * Thomson Reuters, The Laws of Australia, (at April 2012), ’1. 1 Constitutional Status’ [1. 1. 280]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’1. 1 Constitutional Status’ [1. 1. 300]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’1. 1 Constitutional Status’ [1. 1. 430]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’1. 1 Constitutional Status’ [1. 1. 450]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’1. 1 Constitutional Status’ [1. 1. 460]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’1. 1 Constitutional Status’ [1. 1. 480]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’1. 6 Civil Justice Issues’ [1. 6. 190]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’1. 6 Civil Justice Issues’ [1. 6. 240]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’1. 7 International Law’ [1. 7. 180]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’19. 1 Constitutional Law’ [19. 1. 230]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’19. 5 Federal constitutional system’ [19. 5. 157. 1]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’21. 10 Equality and the Rule of Law’ [21. 10. 160] * Thomson Reuters, The Laws of Australia, (at April 2012), ’21. 10 Equality and the Rule of Law’ [21. 10. 350]. * Twomey, Ann, Indigenous Constitutional Recognition Explained (University of Sydney Law School Constitutional Reform Unit, 26 January 2012). * Ward, Alexander, ‘At the Risk of Rights: Does true recognition require substantive reform? ’ (2011) 7 Indigenous Law Review 25. * Watson, Nicole, ‘The Northern Territory Emergency Response – Has It Really Improved the Lives of Aboriginal Women and Children? ’ (2011) 35 Australian Feminist Law Journal 147. * Williams, George, ‘Recognising Indigenous peoples in the Australian Constitution: what the Constitution should say and how the referendum can be won’ (2011) 5 Land, Rights, Laws: Issues of Native Title 1. * Winckel, Anne, ‘Recognising Indigenous Peoples in the Preamble: Implications, Issues and Interpretation’ (2011) 7 Indigenous Law Bulletin 22. Case List * Attorney-General (Cth); Ex Rel Mckinlay v Commonwealth (1975) 135 CLR 1 * Commonwealth v Tasmania (Tasmanian Dams Case) (1983) 158 CLR 1 * Jones v Toben [2002] FCA 1150 [69]. * Kartinyeri v Commonwealth (1988) 195 CLR 337 * Koowarta v Bjelke-Petersen (1982) 153 CLR 168 * Kruger v Commonwealth (1997) 190 CLR 1 * Leak v Commonwealth (1997) 187 CLR 579. * Miller v Wertheim [2002] FCAFC 156 [14]; * Western Australia v Commonwealth (Native Title Act Case) (1995) 183 CLR 373 * Wurridjal v The Cth (2009) 237 CLR 309 Legislation List. * Aboriginal and Torres Strait Islander Heritage Protection Act 1986 (Cth) * Australian Constitution Act 1975 (Cth) * Constitution Act 1867 (Qld) * Heritage Properties Conservation Act 1983 (Cth) * Hindmarsh Island Bridge Act 1997 (Cth) * Native Title Act 1993 (Cth) * Native Title (Queensland) Act 1993 (Qld) * Northern Territory National Emergency Response Act 2007 (Cth) * Racial Discrimination Act 1975 (Cth) * Anti-Discrimination Act 1977 (Nsw) ——————————————– [ 1 ]. Law Council of Australia, Constitutional Recognition of Indigenous Australians: Discussion Paper March 2011 part 1. 1 at 23 April 2012. [ 2 ]. Australia, Expert Panel on Constitutional Recognition of Aboriginal and Torres Strait Islander peoples, Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution page 1 at 23 April 2012. [ 3 ]. Alexander Ward, ‘At the Risk of Rights: Does True Recognition Require Substantive Reform’ (2011) 7 Indigenous Law Bulletin 3, 3. [ 4 ]. Ibid. [ 5 ]. Ibid. [ 6 ]. Australia, Expert Panel on Constitutional Recognition of Aboriginal and Torres Strait Islander peoples, Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution page 1 at 23 April 2012. [ 7 ]. Ibid [4]. [ 8 ]. Ibid [5. 3]. [ 9 ]. Commonwealth of Australia Constitution Act (Cth) s 25. [ 10 ]. B Costa, ‘Odious and Outmoded’? Race and Section 25 of the Constitution (2011) The Swinburne Institute for Social Research page 1 at 25 April 2012. [ 11 ]. Attorney-General (Cth); Ex Rel Mckinlay v Commonwealth (1975) 135 CLR 1, [36], [44]. [ 12 ]. B Costa, ‘Odious and Outmoded’? Race and Section 25 of the Constitution (2011) The Swinburne Institute for Social Research page 1 at 25 April 2012. [ 13 ]. Commonwealth of Australia Constitution Act (Cth) s 24. [ 14 ]. Ibid. [ 15 ]. Convention Debates, Melbourne, 1898, pages 665-714. [ 16 ]. B Costa, ‘Odious and Outmoded’? Race and Section 25 of the Constitution (2011) The Swinburne Institute for Social Research page 4 at 25 April 2012. [ 17 ]. Australia, Expert Panel on Constitutional Recognition of Aboriginal and Torres Strait Islander peoples, Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution page 5. 3 at 23 April 2012. [ 18 ]. B Costa, ‘Odious and Outmoded’? Race and Section 25 of the Constitution (2011) The Swinburne Institute for Social Research page 6 at 25 April 2012. [ 19 ]. Ibid [5]. [ 20 ]. Ibid [6]. [ 21 ]. Ibid [5]. [ 22 ]. Commonwealth of Australia Constitution Act (Cth) s 51 (xxvi). [ 23 ]. Australia, Expert Panel on Constitutional Recognition of Aboriginal and Torres Strait Islander peoples, Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution page 5. 4 at 23 April 2012. [ 24 ]. Koowarta v Bjelke-Petersen (1982) 153 CLR 168. [ 25 ]. Ibid [169-170]. [ 26 ]. Ibid. [ 27 ]. Ibid. [ 28 ]. Ibid [174]. [ 29 ]. Kartinyeri v Commonwealth (the Hindmarsh Island Bridge case) (1998) 195 CLR 337. [ 30 ]. Hindmarsh Island Bridge Act 1997 (Cth). [ 31 ]. Aboriginal and Torres Strait Islander Heritage Protection Act 1986 (Cth). [ 32 ]. Ibid. [ 33 ]. Ibid [416-7]. [ 34 ]. Ibid [379-381]. [ 35 ]. Thomson Reuters Legal Online, Halsbury’s Laws of Australia (at 15 January 1998) 19 Government, ’19. 5 Federal Constitutional System’ [19. 5 – 157. 1] [ 36 ]. Heritage Properties Conservation Act 1983 (Cth). [ 37 ]. (1983) 158 CLR 1. [ 38 ]. Ibid. [ 39 ]. Ibid [5 – 8]. [ 40 ]. Native Title Act 1993 (Cth) [ 41 ]. Western Australia v The Commonwealth (1995) 183 CLR 373. [ 42 ]. Ibid.

Sexual Harassment in the Workplace Research Paper - 1

Sexual Harassment in the Workplace - Research Paper Example Resultantly, most of the ladies were overtly fearful of disclosing their sexual harassment matters and occurrences at their workplaces since they feared being put to blame for being provocative. This happened since fear was still imminent and had not been eradicated. Though, there are workplaces with ladies who have the aptitude to take benefit of the prerogatives they hold in these regards and in relationship to the stipulations and how it shields women in the event of happening. In actuality, under the existing law system, the actuality that a woman belligerently trailed her boss, would not have essentially stopped her from organizing a harassment suit and probably contriving a believable settlement had she thereafter altered her thinking (Anna, 2005). Thus, it is overly clear as explicated, that ladies or women in workplaces know that, with reference to the law, they possess prerogatives in numerous cases. In this respect, it would be intricate to claim that ladies are under haras sment contemporarily, with regard to sexual persecution. However, numerous ladies have acquired the advantage of the docket of law when dealing with paltry cases surrounding sexual persecution that they could simply have faced personally, if not ignored completely. Furthermore, there exist numerous matters in the work areas that the administration deals with every time, amid interference with the management, administration or the stipulations of the law. Most persons, thus, assume that simply because a masculine may purport that a lady is beautiful or cute or summon her in various terms as â€Å"honey† he does not respect her. Alternatively, it may be well to declare that ladies’ harassment has been consummately... In actuality, under the existing law system, the actuality that a woman belligerently trailed her boss, would not have essentially stopped her from organizing a harassment suit and probably contriving a believable settlement had she thereafter altered her thinking (Anna, 2005). Thus, it is overly clear as explicated, that ladies or women in workplaces know that, with reference to the law, they possess prerogatives in numerous cases. In this respect, it would be intricate to claim that ladies are under harassment contemporarily, with regard to sexual persecution. However, numerous ladies have acquired the advantage of the docket of law when dealing with paltry cases surrounding sexual persecution that they could simply have faced personally, if not ignored completely.  Furthermore, there exist numerous matters in the work areas that the administration deals with every time, amid interference with the management, administration or the stipulations of the law. Most persons, thus, assu me that simply because a masculine may purport that a lady is beautiful or cute or summon her in various terms as â€Å"honey† he does not respect her. Alternatively, it may be well to declare that ladies’ harassment has been consummately truncated via the attention and discretion this subject has received throughout the entire media channels and additionally, through the law dimensional approach of the matter. Women no longer have to exhibit panic being sacked unreasonably other than she declined to have sexual advances with the boss.

Psychoanalytic Theory and Learning Perspectives Essay

Psychoanalytic Theory and Learning Perspectives - Essay Example It should be mentioned that his theories also underwent the same process of development and change, much like the theories of the mind that preceded his arrival on the field of psychology. His famous theory of the Id, Ego and Super-Ego was a result of a continuing process, beginning with the first topographical model, in which the mind was divided in 3 psychic areas, each allocated to an unconscious, subconscious and pre-conscious level of function. One of the central elements of the system was the censor located between the unconscious and the pre-conscious, whose basic purpose was to repress certain unconscious mental activity (Perelberg). It should be mentioned that, according to this theory, such activity still represented a part of the unconscious, and it only became part of the conscious mind if it was focused on through the process of attention. Freud in a 1915 paper, "The Unconscious", presented clinical manifestation, where such dynamically unconscious thoughts were apparent ; however, it was more than clear that the theory needed to be modified, as same systems operating in the area of the unconscious and conscious inadequately explained the structure and functions of the human mind (Perelberg). Some psychologi Some psychologists explain that the second topographical model was, in most part, based on the previous model; what was revolutionary was the clear definition of the individual areas of the mind, as well as their level and method of functioning. The theory of the Id, Ego and Super-Ego "had a highly clarifying effect and so made further clinical advances possible. But it did not in itself involve any fundamental changes in Freud's views on mental structure and functioning. Indeed, the three newly presented entities, the id, the ego and the superego, all had lengthy past histories" (Perelberg). In his new model, Freud defined the Id as the repressed unconscious, as well as the setting of our desires. This aspect of the mind had no structure and it was solely based on the pleasure principle, which demanded the uncompromising fulfillment of its desires. It represents the basic and most primitive part of the human mind, directed towards satisfying essential desires, ranging from nutrition al to sexual needs, and, according to Freud, it is most evident in young children. The Ego, which was the focus of Freud's research was formed at a later age, when the pleasure principle came in contact with reality, and the realistic condition that not every desire can be fulfilled. This realistic principle modified the pleasure principle forming the regulatory principle of the ego, which acts as the primary censor of the unconscious. It was defined by Freud in 1923 as the primary organizer, using the principles of adaptation, integration and control in order to create a functioning individual in the conscious reality. Freud further developed the theory by focusing on the ego from an aspect of an object of certain facets of our psychological live, like our libido. In schizophrenic patients, the objects of libido are substituted with the ego, which forces the patients to become megalomanic (Perelberg). This is closely related

Is Britain taking the right approach to Prostitution Essay

Is Britain taking the right approach to Prostitution - Essay Example Prostitution is one of the last bulwarks of this way of thinking. In the course of this essay, prostitution in the UK will be examined and it will be argued that it should be legalized. Prostitution in the UK is a dangerous business. Female prostitutes are more likely to be assaulted and murdered and to have shorter lives (Castillo, 126). Prostitutes are often the victims of serial killers as we can see from the Ipswich murders in recent years. We need to find a way to regulate in order to keep sex workers safe. The truth is that under the current law, sex workers are at risk. They must conduct their business under cover of night and have little time to communicate with potential johns due to law prohibiting communication. As such, they are placed at higher risk. Indeed, the very fact that prostitution is not in itself illegal, is an indication of how society thinks it should be dealt with by police. Instead, the various ancillary crimes such as living off the avails of prostitution and communicating for the purposes of prostitution are illegal. This is hypocritical and endangers the lives of sex workers. For this reason, these laws should be struck down. They threaten the human rights of UK sex workers. It is easy to imagine scenarios where the current laws have been responsible for higher crime rates (Phoenix, 52). Take for instance an example of a lonely man who yearns for sexual interaction or intercourse and cannot find a woman who is easily willing to fulfil his sexual needs. It is possible his behaviour may lead him to rape or other illegal behaviour. This need not be the case if prostitution is effectively legalized. Or suppose a married man has a high sex drive then his wife and sometimes his wife is not always available to meet his sexual desires, his behaviour may lead him to abuse her. This too can be avoided if there is a legal outlet. Once prostitution is regulated, sex workers will have more health checks and will be safer. We should follow the l ead of our European neighbours and regulate prostitution (and take the tax revenue from it) rather than continue to criminalize it and force it into the darkest corners of society, where sex workers are most at risk. The very idea that prostitution is effectively illegal stands in the face of political freedom. The truth, in my opinion, is that the freest society is the best one. The government creates lots of laws in order to prevent people from making the most of their lives. Of course, some laws are necessary, such as murder is wrong, but many other laws serve no purpose: in the end they just create a â€Å"nanny state.† Libertarianism stands against needless laws and in favour of freedom. The government should play only the smallest role in our lives and should not tell us who we can and cannot sleep with. Libertarianism is a political philosophy that idealizes personal freedom and non-judgement (Nozick 32). More than ever before, people in the UK living in a Nanny State. A Nanny State is one that uses excessive state controls, for example, lots of unnecessary laws, to restrict its citizens’ freedom. It believes that it knows best and that citizens should follow its morality. Of course, there is a general feeling that certain things are wrong and should be discouraged or criminalized, but for proponents of the Nanny State, the government should seize control of actions and issues where there is no consensus and unilaterally impose its view of morality on these issues. We

National Math Curriculum Case Study Example | Topics and Well Written Essays - 1000 words

National Math Curriculum - Case Study Example The key concepts of applications of mathematics enable the students of this college to gain a critical understanding about mathematical ideas that shape our world. The revised mathematics programme of study for key stage 3 includes the level 1 functional skills standard in mathematics. There are structural similarities with the level 1 functional skills. For the algebra lessons, there are four specific examples outlined. The first one is to generate and describe simple integer sequences. The second one is to generate terms of a simple sequence based on a given rule. The third one is to generate sequences from practical contexts and explain the general term in specific simple cases. The fourth one is to express simple functions in words and afterwards express it using symbols and in mappings. For the lessons in shape and space, there are seven specific examples. The first one is to utilize letter symbols to represent unknown numbers and variables. The second one is to recognise and use multiples, factors or divisors, common factor, highest common factor, lowest common multiple and primes. The third one is to find the prime factor decomposition of a number. ... For the lessons on probability, there are three examples. First, one must generate the point estimate of a normal distribution. The second example is finding the confidence interval of normal distributions. The third one is to assess the strength of association between two variables using chi-square and phi. The major functional skills in algebra, shape and space and probability lessons are applied to the teaching and learning methods of St. Thomas a Becket Catholic College. This type of holistic learning needs to contribute to the development of the key processes. The skills developed in key stage 3 pertain to the key processes of representing, analysing, interpreting, evaluating, communicating and reflecting. The range and content set out in the programme of study is comprehensive. The key stage 3 programme of study forms the foundation for pupils to apply their mathematics to actual situations in the real world in key stage 4.This curriculum helps them to be responsible citizens. It contributes to help them adopt mathematical skills for financial capability which will prepare them to live responsible and satisfying lives. The curriculum puts primordial emphasis on analysing and justifying conclusions in mathematical situations which allows them to acquire critical and analytical appr oaches to real-life situations. This curriculum helps students to be successful learners. The mathematics programme of study assists students with inquisitive minds to learn how to think for themselves. It specifically provides ample opportunities for pupils to tackle open-ended problems. The pupils are work with mathematical errors and misconceptions, which helps them to understand how they learn, as well as to learn from their

Hokkaido Term Paper Example | Topics and Well Written Essays - 1000 words

Hokkaido - Term Paper Example As a subject or academic discipline, geography is the study of earth as the home for humanity. However, man has created conditions that are favorable to his existence on the foundations of existing physical features. Study of such creation encompasses human geography, which analyzes the relationship between human activities and the natural environment. Cultural geography is a major branch of geography and it is concerned with language, religion, government, and economy of a geographical region. Japan is an island nation that has fascinating environment and climate. These features have greatly influenced how people make a living from available resources. Hokkaido is the northernmost island of Japan. Unlike other islands that form the country, Hokkaido has extremely cold climate that influence how people construct their houses. In addition, Hokkaido sits on a rugged terrain, which has a relatively high water table. These factors also influence the design and sizes of house that can be constructed. The region is also prone to earthquakes that also influence housing designs and structures. Hokkaido is known as the territory of constructions this is because the region ever has new buildings. In Hokkaido, public construction works exceeds work done in the private sector. Government policies and regulations meant to enhance safety in the construction industry greatly influence building of new houses in Hokkaido. The Japanese construction industry contributes about 20% of the total GDP of the country. This constitutes construction works performed in the country and outside the country. Construction of houses in Hokkaido is very different from other parts of the country. This is partly due ton the housing values of the native communities and the developing status of Hokkaido. Unlike other parts of Japan such as Tokyo, Hokkaido is still in its early development stage. However, Hokkaido is developing very fast and it may soon overtake Tokyo as the world largest metropolitan. This has made the region to be characterized by new construction and engineering works. It has often been said that public construction work in Hokkaido greatly exceeds work done in the private sector. Registered contractors who are regulated by the prefectural governor cry out construction works in Hokkaido. Hokkaido is considered as the land of construction. Currently the region holds 7% of the total number of construction companies in Japan. This is a significant figure considering the fact that construction in Hokkaido constitutes about 5% of the total construction works in Japan. Small construction companies are the most dominant in Japan and they handle nearly 78% of all construction contracts awarded annually in Hokkaido. In Hokkaido nearly 8% of the total population work in the construction industry, either as s killed semi-skilled or unskilled laborers. The most desirable characteristic of Hokkaido construction workforce it that, there is a striking balance between the skilled and unskilled labor force. However, the region is likely to

Legal system in Great Britain Case Study Example | Topics and Well Written Essays - 2250 words

Legal system in Great Britain - Case Study Example Precedent brings consistency to the English legal system, in that two cases with similar material facts will be treated in the same manner. No legal system can be perceived as fair unless everyone receives equal treatment. Predictability allows lawyers to advice their clients with some degree of certainty. Certainty is an important advantage from the existence of precedent. A judge may be prevented from making a mistake, which he or she might have made if there were not any guidance available. However, some may feel that treating two cases alike doesn't allow for much freedom and rigidity is formed, inhibiting the development of the law and therefore giving the impression that the law of precedent is strict and inflexible. A criticism against the law of precedent is the fact that it can actually lead to a degree of rigidity in the system. Nevertheless, a judge may avoid following a previous decision in various ways. A judge may be able to distinguish an earlier case from the present case on its facts and thus avoid following it. No two cases will ever be identical in every way. The cases of Jordan (1956) 40 Cr App R 152 and Smith (1959) 2 A11 ER 193illustrate a 'real life' example of distinguishing two separate cases from one another. They may seem at first to be alike in many ways, but when the facts are investigated fully, its becomes obvious that they are actually different. This indicates that separate precedents would need to be used. A judge could avoid using a precedent because he or she found the ratio too obscure or the previous decision was per incuriam i.e. by mistake and without all the facts. Reversing occurs where a court higher up in the hierarchy overturns the decision of a lower court on appeal in the same case. The House of Lords has since 1966 indicated that it is actually prepared not follow its previous decisions if they feel that injustice will occur or there will be unreasonable restriction of the development of the law. Its own previous decisions as well as those by the House of Lords will bind the Court of Appeal, but there are two main exceptions to this rule. The court will choose which decision to follow if there are two conflicting decisions and will not follow one of its own decisions if it is inconsistent with a decision of the House of Lords or the Privacy. Miliangos v George Frank (Textiles) Ltd (1975) 3 A11 ER 801.Where a judge can actually avoid using a precedent it can be seen that the law of precedent is not as strict and inflexible as the title and some peoples opinions may suggest. However some judges (particularly in the Lords) have been, at times (and to an extent still are - holding decisions to be wrong, but not refusing to overrule them) very strict in their adherence to stare decisis i.e. they do not care whether a decision is 'right' or 'wrong', just or unjust. This can be seen as a big disadvantage as it means to say that judges have too much power at times and a bad precedent can be ignored which would make the law strict and inflexible at times. Other advantages include; how it is applicable to all future cases and is immediately operational. It is said that the legal system is "regulated" by constitutional conventions, whereas the truth is that those

Politics and the Media, News Coverage Analysis Assignment Research Paper

Politics and the Media, News Coverage Analysis Assignment - Research Paper Example The significant aspect of immigration is fundamentally described as the transfer of individuals or people from one particular country to other in order to make permanent settlements. In this similar context, several political figures and intellectuals of the United States referred to the country as the nation of immigrants. This is owing to the reason that in excess of 23 million immigrants particularly from the European nations had become enduring residents of the US between the years 1880 and 1920 (Jimenez, â€Å"Introduction†). It has been apparently observed that the immigration policies of the US have become a widespread political debate for last few decades. It is in this context that the present President of the US i.e. Barack Obama has been recognized to take speedy action towards providing the opportunity for legal residency relating to the significant concern of the US immigration policy. Moreover, it has also been viewed that ratings or polls have been conducted for the approval or the disapproval of the new immigration policy that is especially designed for the illegal immigrants in the US. In this similar context, the ratings or the polls have eventually acquired the attention of the Americans and raised the political image of President Obama (The New York Times Company, â€Å"Obama Urges Speed on Immigration Plan, but Exposes Conflicts†). The New York Times is regarded as one of the renowned American based daily newspapers, which was founded in the year 1851 in New York City. It has been viewed that the newspaper published one similar kind of article relating to the US immigration policies entitled â€Å"Immigration and Emigration† in recent days that was of quite narrative type (The New York Times Company, â€Å"Immigration and Emigration†). Conversely, The Washington Post is the other American based daily newspaper that was established in the year 1877 in Washington D.C. The newspaper has been identified to publish several articles linked with the US immigration policies in recent days that are of quite narrative type (The Washington Post Company, â€Å"Company Profile†). Thesis Statement This paper intends to critique the news coverage concerning Obama’s initiatives towards making immigration comeback and speedily working upon the US immigration plan. 1. How Does The News Story Conform T o Prevailing Standards Of Newsworthiness? What Criteria Are Present In The Story? How Do These Criteria Appear To Be Driving This Story? The news story that was published by the newspaper The New York Times, conforms to prevailing standards of newsworthiness by depicting Obama’s one of the significant initiatives towards facilitating a large number of unlawful immigrants residing in the US on a clear pathway to nationality or residency. There

Federalist papers-The House of Representatives and the Senate Essay Example for Free

Federalist papers-The House of Representatives and the Senate Essay The United States congress which is also the legislature one of the three arms of government is divided into two chambers; the House of Representatives ‘house’ and the Senate. They both serve a vital role in ensuring that the proper policies and laws that represent the citizen’s views are passed. The House of Representatives is made up of representatives from all the states. The Senate being the upper house is made up of individuals two from every state who are chosen by not looking at the populations in the states. Thus ensuring equal representation. They have the powers of consenting treaties, appointing federal officials for instance judges, secretaries in the cabinet and even the senior military personnel. The Publius writings are the name under which the Federalist papers were referred to back in the day when they were being formulated. These papers aid in highlighting the functions of the House and Senate in relation to how they were formed, the principles that govern how the members are elected, how they work and how their role plays an important part in the formulation of policies. There are several differences and similarities between these two chambers. The differences include that the senate is headed by the sitting Vice President who will vote in case there is a tie. The House of Representative is headed by the speaker who is elected by the members. â€Å"The senate is made up of 100 senators while the house has about 435 representatives and the number is determined by the populations they represent. In addition, the senators serve six year terms while the representatives serve 2 years (Patrick 225).† Though having many people means that the citizens’ views are well represented, these large numbers are said to inhibit them reaching a solution quickly. Since the senate is made up of fewer individuals, they form a strong team that is able to make and reach decisions quickly. This is well stated by James Madison in the Publius no. 63,   where it states that the senates’ small number makes it more stable and because of this, they are in a better position to form strong and lasting relations with foreign countries. moreover, he says that because the senators serve a longer period, this ensures that they will be held accountable for actions as well as policies   they have formulated. By being aware of this fact, they are always cautious of what they do. â€Å"The representatives on the other hand serve a smaller term therefore they will not be as keen as the senators after all they will not be around to be held responsible (Grossman 70).† This is further enhanced in the federalist no. 53 which states that the people who are chosen should be governed that are given to the House are not enough because during that period they have just known how the office works therefore their knowledge on foreign affairs is limited. The functions of the House of Representatives are mostly legislative purposes. â€Å"This is because their numbers enable them to pass ordinary legislation, override vetoes and make amendments (Wescott 127).† This is much more than what the senate can do. In the Federalist no. 66, Hamilton says that there is likelihood that the senators can act corrupt more so because they will side with the president or influenced by the public to make invalid decisions. For this reason, he does not see why they should be allowed to pass judgments. Though they are restricted to serving these purposes mostly, they can contribute in the impeachment of legislators. Senators are also engaged in the legislative matters but will also try those political offenses that the house has agreed on. On top of this, it acts as an executive council to the state. When the president wants to engage in treaties with other countries, the Senate has to agree on it before it is signed. This is quoted in the federalist no. 64 as it is said that, â€Å"the Senates advice is valuable and necessary.† Moreover if he appoints people to the high offices; the senate has to agree on the same issue. These powers of engaging in international treaties are not found within the House. The similarities are that there gender equality is observed in both chambers as men and women are elected. The role of both the Senate and the house is to ensure that proper laws are passed and that they are adjusted regularly so that they can fit with the changing times. Another similarity between the House and the Senate is that they both ensure that the system of election is just and according to the constitution. This therefore shows an example with which the national elections are conducted such that all individuals are treated fairly. â€Å"This is seen in Federalist 78 where constitution morality with regard to the proper use of the judicial system so as to enhance trust in the judicial system is enhanced (Wescott 144).† The House carries the banner for the whole constitution as the representatives are elected in a just manner and they represent the populations. This is because the voters in such electors are the same ones who elect state legislators as found in the Federalist no, 52.   These elections are administered by the states and are done in proper organized manner. For this reason, the system is fair and shows that the federal state elections need to be conducted in such an orderly manner. The same applies to the senate because only the competent individuals with prior experience in state matters are chosen. â€Å"Madison in the Federalist no. 62 says that the Senate is structured so that it can overcome the various organizational structures that face government institutions thus enhancing its stability (Millican 171).† Both the senate and the House of Representatives have the power to make pass policies that will impact different sectors of the economy with regards to what they feel is right for the people. This is because before a bill becomes law, it has to be approved by majority of the senate and the House of Representatives. To ensure that they do their work well, the Senate and the House engage in frequent meetings where they discuss issues that face the country and what needs to be done, share ideas, debate over issues as this aids in making strategic decisions and voting on bills. By doing this, they are fulfilling their constitutional rights to the people. Conclusion Though the Senate presence is considered to be more superior to the House of Representatives, they both play an important part in congress as they work in unison with other arms of government to ensure that the country is propelled in the right direction. The Federalist papers therefore ensure that there is balance within the system especially in the distribution of power so as to ensure that laws are passed in proper ways without bias. Works Cited Grofman, Bernard Wittman Donald. The Federalist Papers and the new institutionalism Algora Publishing, 1989 Grossman Jay. Reconstituting the American renaissance: Emerson, Whitman, and the politics of representation. Duke University Press, 2003 p.70 Millican Edward. One united people: the Federalist papers and the national idea. University Press of Kentucky, 1990 p. 171 Patrick John J. Founding the Republic: a documentary history. Greenwood Publishing Group, 1995 p. 225 Wescott C. George. The Federalist: design for a constitutional republic. University of Illinois Press, 1994

Disadvantaged groups in education and emergencies

Disadvantaged groups in education and emergencies This chapter first identifies groups or clusters who would be particularly vulnerable educationally in an emergency. This does not catalogue all vulnerabilities in these groups, but tries to restrict it to existing disadvantage which may be exacerbated by emergency or new vulnerabilities created by disaster. It then looks at ‘educational sites’ which are also vulnerable in themselves, or which might contribute to vulnerability. It draws attention to the intersection of multiple vulnerabilities, but also signals the notion of emergency as an opportunity. The chapter also draws attention to hidden or forgotten emergencies. 3.1.1 Gender-related disadvantage It would be commonly agreed that girls as a broad category are at greater risk during an emergency, because of traditional gender disadvantage. ‘Normal’ patriarchal cultures are strengthened during emergencies, as people seek comfort in routine relations, roles and hierarchies. If girls are routinely left without access to education, this is unlikely to change. Afghanistan, for example, is traditionally seen as a site of educational difficulties for girls (although in Kabul they currently attend schools and projects freely). The links of gender disadvantage with poverty and economic vulnerability are well documented (Mujahid-Mukhtar, 2008). Cultural barriers often cited are limited roles for girls and women, differential treatment of girls in nutrition and health, men viewed as breadwinners, a male dominated education system, gender-differentiated child-rearing practices, low status of women, lack of knowledge of the social and personal benefits of education, gender ster eotyping and threat of sexual violence (UNICEF, 2007). Specific areas related to emergency in many or all countries which have been highlighted in this study would be: Early marriage (girls are pushed into marriage because of fragile and insecure situations, increased poverty, death of bread-winning relatives, and therefore they leave school). After war, there are fewer men, so girls are pushed into polygamous marriages (as in Afghanistan), but conversely, therefore, men are forced to accept more than one wife. Older people have not adapted their norms to accept single unattached women, as in other post-conflict locations Child labour (sons recruited in conflict, the need to work, displacement causing vulnerability to be incorporated into trafficking and sex trade). Domestic labour, normally girls, is often not viewed as ‘child labour’ although this can prevent school attendance. Boys are more likely to receive kits and educational materials because of ‘normal’ male preference in and out of schools (interview data, Nepal). Protectionism/lack of independence. In the context of the tsunami, in the Maldives secondary schools do not exist on every island, and parents may be reluctant to send their daughters to neighboring islands for fear of pregnancy and also fear of sexual abuse Abuse. Sexual abuse, rape, gang rape and physical abuse all get worse in the camps and in situations of emergency with the breakdown of law and order and lack of supervision. Men experiencing loss of status are more likely to engage in domestic violence. Trafficking for prostitution increases, particularly post-emergency when police or security force protection is withdrawn (interview data, Nepal). During conflict, boys may be recruited or taken for enforced labour. Kidnapping and abduction are a threat as well as trafficking. Religious taboos and misinformation. Oxfam reported that in some cases in the tsunami the heavy and voluminous clothing worn by Muslim women and the cultural barriers that prevent girls from learning to swim contributed to the death by drowning of many women and girls. The same clothing also restricted some women from running to high places or from climbing trees. Anecdotal evidence suggests that many men survived by doing just this. There are reports from many of the tsunami-affected countries of Muslim women who perished because they were too afraid to leave their home with their head uncovered. Conversely, in some cases the waves were so strong that women were stripped of their clothing and there are reports of naked women refusing to climb into rescue boats manned by males from their villages (Pittaway et al., 2007). Marginalization of females during humanitarian and reconstruction efforts after the tsunami, with lack of consultation about needs and with response efforts almost exclusively headed by male staff. Refuges and camps often showed little regard for women’s health, safety and privacy. However, gender-related disadvantage does not always mean girls come off worst: in conflict, boys may be more likely to be recruited as child soldiers, and hence lose schooling; in economic difficulties caused by disaster, they may be taken out of school because they have greater earning power. Conversely, there is evidence from Nepal that females joining insurgent groups (e.g. Maoists) may experience higher status there and participation in decision making, and that in this sense, conflict has increased rather than decreased female status. Much depends on their role, whether combatants, supporters or dependents (Plan, 2008a). While an ex-combatant woman may enjoy a more equal status within a relationship or marriage with another ex-combatant, when an unmarried woman otherwise wants to return to her family or community she is a seen as ‘spoiled’, as she would not have been protected in the same way as non-combatants growing up in traditional or conservative cultures. 3.1.2 Internally Displaced Persons (IDPs) and refugees While these groups which can be caused by an emergency are clearly vulnerable generally, there is sometimes a difference relative to other groupings in that they are identifiable, and that they receive help. In some countries, those formally identified as IDPs may be the more fortunate ones, as they can claim assistance, including educational support. They are visible in the camps, whereas the ‘lone IDPs’ who are fleeing a personal emergency, or who do not have the political knowledge to claim official IDP status, can suffer problems of discrimination or exclusion in a new community. IDPs may not want to, or be unable to, return to their own communities, and have resettled: at what point do they cease to be IDPs, especially in normally nomadic societies where there is much seasonal migration for work? Specific issues relating to education and emergency are: Internal displacement exposes children to forced military recruitment; they may become direct targets in the conflict or be subject to unequal or biased educational service provision (Sri Lanka). Refugees suddenly become a minority, with loss of status and position; there is lack of choice, including educational choice. Afghan refugees in Pakistan complain that they are given very little choice about where to live – the camps nearer Afghanistan cannot guarantee security, and food or shelter cannot be guaranteed in Peshawar. There are the well-documented issues of language and curriculum of their new schools, as well as problems of ‘return’. Afghan refugees in Pakistan for example are now being sent back, causing a highly uncertain situation for them with all this movement. There is pressure on remaining schools after an emergency to accept more children, which means larger classes, therefore a decrease in quality and in drop-out for all children. ‘Hosting’ refugees amounts to an education emergency in affected communities, with jealousies and feelings that incomers drain resources or hold ‘our’ children back. Refugees may have services that the surrounding communities lack. Children and families may move several times before settling in one place where they could stay more than six months. If they go to school, children drop out continuously when they cannot keep up or catch up. Older children may be forced to learn with younger children, to match their perceived learning levels, which cause distress and a lack of self-esteem. Security in the camps is a problem (see above), as is health, for example with cholera in Pakistan. Relocated communities in the tsunami can suffer: in Sri Lanka, various buffer zones in the coastal areas were established to impose limits on where people could live after the tsunami, but some were far from the sea, and parents tend not to send children to school in these circumstances, as this could show acceptance of the unsatisfactory situation. Refugee and IDP children may be more subject to abuse and trafficking; children living with ‘host’ families are more likely to be abused. There can be drug and alcohol problems of parents (and children) in IDP camps. 3.1.3 Minority groups/caste/ethnicity In all countries there are pre-existing patterns of social stratification based on ethnicity, caste, tribe or clan. These are highly linked to social class and socio-economic status. Emergencies will tend to mean that low status groups are further disadvantaged or discriminated against, as power to attract resources is not evenly distributed. Conflict may be between different ethnic groups, or with a majority group and there is rarely a win–win resolution of the conflict; even if the conflict is not directly related to ethnic or other status, as in natural disasters, the lack of capacity to claim rights and resources post-conflict means more polarization. Areas under conflict may find it more difficult to respond to natural disasters, as has been reported for reconstruction after the tsunami in LTTE-controlled areas of Sri Lanka. Recommendations for action suggest projects focusing on a specific group, e.g. safe play areas for children from a specific ethnic group, or educatio n facilities for a specific religious group (Save the Children, 2008a), although there is a danger of focusing, say, on one caste which may cause attitudes to that group to harden. 3.1.4 Economically disadvantaged Poverty on its own is not always a predictor of vulnerability, and clearly combines with other axes of disadvantage. Emergencies will highlight these. While homelessness in disasters can affect families in every economic stratum, their social capital becomes crucial, as does the network of relatives and friends who can provide support. The poor are likely to have poorer quality housing, in poorer or lower lying land (or conversely in steep hills) which does not withstand floods, cyclones or earthquake; therefore they can be displaced or live in the open not near to a school. Animals too are not protected, and subject to loss. Food shortages are made worse by emergency, and may mean migration to urban areas to find work. Rural children are more likely to be out of school, particularly when poor; natural disasters may mean that distances to the nearest school become even greater. The rapid recent increase in food prices in Bangladesh and elsewhere has had an impact on school attendance, both because children have become hungry and less attentive and because parents have been less able to meet educational expenses. Parents have also been forced to cut back on the use of kerosene for night lighting thereby reducing the evening study period for students (Raihan, 2008). 3.1.5 The invisible Children without a formal identity (estimated to be 50 million globally) are never registered and there-fore deprived of access to education. In emergencies, they have no claim to resources or proof of age when relocating. It is more difficult to resist recruitment into insurgent or security forces. Children of different ethnic groups may be deprived of nationality and identity. Street children may come under the category of invisible, as they are harder to track and monitor, and also may not be in formal school. However, there is a debate as to whether they are particularly vulnerable during emergencies, as they are used to surviving, and have personal and social resources which the newly homeless do not have. The out-of-school by definition tends to be more invisible. They are more vulnerable during emergencies, since, as in Sri Lanka, most of the educational and emergency provisions utilize schools, and the out-of-school tends to be invisible among service providers. The turning away of children in Afghanistan from orphanages, schools or projects can precipitate them being involved in the sex trade, as dancers or working with truck drivers. 3.1.6 Differently affected This is a broad category of children who are differentially affected by emergency, or who have pre-existing conditions which may be exacerbated by emergency: Those with disabilities. Those with physical and mental disabilities are less likely to survive a disaster. Special facilities or education are not always prioritized during emergencies. Schools that refuse to take children with disabilities in ‘normal’ times are even less likely to accept them after an emergency. Children may have been injured by landmines, and all need landmine education. Traumatized children. Children experiencing conflict and witnessing the violent death of relatives and friends suffer a range of traumatic conditions. Children were scared of going back to schools after the tsunami, and even after four years were reported to be ‘very jumpy’ and emotionally unstable at school. Orphans, especially where there is lack of social welfare support. Absence of orphanages may be a problem, or conversely orphanages may be a site for abuse or trafficking of children. Agencies such as UNICEF and World Education may be against the institutionalization of children, including orphans, and there can be lack of integration mechanisms and support. Child-headed households. The child can be of either sex, but additional responsibilities (economic and caring) mean such children are unlikely to go to school. Child soldiers and ex-combatants. Such children have not just lost schooling, but may be traumatized as well as stigmatized on their return. They may be placed in classes inappropriate to their age. Drug users (living in badly bombed buildings in Kabul, for example). In the Maldives, there is strong social stigma against drugs and children will be expelled from school if caught with them. There are few rehabilitation centers or organizations to help them. School failures. Those who were failures before an emergency often use the crisis as an excuse to drop out of school. War children or ‘lost generation’ need to ‘catch up’ within rigid school systems which make this impossible. They may be jealous of the younger generation whose education was not disrupted, and fear the future. Children in conflict zones. There may be security checkpoints preventing access to school (also for their teachers) and/or danger of mines. Children of prisoners (criminal or political). These may suffer low esteem as well as economic hardship. Children in detention centers and prisons themselves. UNESCO runs a de-institutionalization project in Afghanistan, which also includes children in and from orphanages. Children of sex workers. Children of the HIV affected and from homes where there are diseases such as leprosy. 3.2 Educational sites and personnel Schools were destroyed. Schools (and colleges) can collapse in an earthquake and a hurricane in the worst case with students and teachers are still in them. In most of Nepal, a non- architectural and designing phase the presented seismic safety measures. National Society for Earthquake Technology (NSET) with a modification or restructuring of the school program, but can reach only a few. But in the actual school vulnerability of particular importance is the contract and the corruption of the materials used to make it easier to make the collapse of natural disasters to the schools. Do not let this corruption in Pakistan and China, is going on the list, and this sustained after a disaster or even. In Bangladesh, which has been identified (interview), build back on the poor instead of build back better. In China, the authorities have also asked the parents did not cause to complain about the building to ensure the death or injury of their children and financial incentives for them. Poor building standards of experience, but also on their return folded the school itself forms to create an emergency (Harber 2005) anxiety in the child and parents. Schools as a refuge or a takeover of the internally displaced, disrupting education. Built schools or on the ground that the social distance is an issue, renovated. If the site is in this sense are people died as a cemetery, still popular. As one respondent said: The school is a graveyard it. Children do not go to school for fear of appearing recruited into armed groups, or to go on the road. In the Maldives, an island, when the school was destroyed, and it was reported that sometimes reluctant to take on children in other islands of the school, while others welcome. Child labor and domestic workers in their own home or in someones home is difficult to adapt to the standard items or in school. Older children can be destructive, is considered cute employees. Temporary schools (even permanent) can move the missing girls and teachers sanitation special. To form an important topic in the vulnerability of certain groups, the maintenance management systems and school officials. These are usually male-dominated groups, at least moderately high caste and socio economic status. You are likely to be, during and after CIES EMERGEN the same group, it may be necessary to change the mindset so that they meet for the child or to seek an appropriate school concept. Now the question is, what incentives could make them to change this mindset. How can teacher’s high caste be persuaded to teach low caste children and interact? How can the person who convinced for the school management committee has been grant equitable distribution? One study examined community-based education system in Nepal, that the use of community based school improvement plan to bring elite processes, the process of creating incentives and equity. Strategy of education untouchables girls the opportunity to the majority of the population are less willing to tolerate a d irect attack, but would under the heading (Gardner and Subrahmanian, 2005) to agree. 3.3 Multiple vulnerabilities Although it is possible to a certain group or website, as can be seen above, two important questions are immediately clear: First, within and between the clusters they intersect in various ways, secondly , therefore it is difficult to around the disadvantaged or even draw the most vulnerable limit. It is commented on how to report in India, even if it is taken out of the equation of sex , the majority of the population is at risk. Caste is said to individual well over 50 % of the population affected , although there are exceptions, generally poor Dalits , disenfranchised , less educated , more abused . The vast majority of the population to be at risk if they are fragile along a parameter, they are more likely to have multiple vulnerabilities . Everyone has a different vulnerability so-called beam (Fluke, 2007), from a political, economic, social and ideological complex interactions. Practice of: The third complex is the time when they begin and end with emergencies (if they do), for those in danger? Vulnerable orphans temporarily take care of a family, but later at a loss and abandonment and exploitation of resources. Vulnerability often associated with children (Zelizer, 1994), perceived social value to work in practice or emergency emotionally as the context victim. This can dramatically change the changing social and economic priorities. Schools can a neutral body to maintain and improve the childs value when their environment is sensitive.