Children Rights Are Human Rights - Free Essay Example

Sample details Pages: 8 Words: 2346 Downloads: 2 Date added: 2019/03/22 Category Society Essay Level High school Tags: Child Abuse Essay Did you like this example? The United States has always prided itself in being a custodian and upholder of international human rights. As a super power, it has set the pace for recognition and protection of human rights by assenting to different legal international instruments and domesticating them. However, its spirit seems to falter when it comes to children rights and youth well-being (Rothschild, 2017. Don’t waste time! Our writers will create an original "Children Rights Are Human Rights" essay for you Create order Are children rights human rights? The United States attitude towards a legal instrument by the United Nation in respect of children aroused the desire to establish and demystify this scenario. This paper seeks to make an in-depth analysis of inter alia the rights of children, the most prevalent forms of child abuse, the legislations pertaining to children rights and how the courts have implemented these laws. Children are considered vulnerable beings deserving protection from the ugly claws of the world. Although most people consider child abuse in a narrow and constrained perspective of physical abuse, child abuse can manifest itself in any form be it physical, emotional or mental abuse (Ackner et al., 2013). The most prevalent form of child abuse is sexual abuse and it goes without saying that it could be without doubt the most reported and documented case scenario. Nevertheless, any form of child abuse should be reported to the authorities regardless of the perpetrator. There is need to cultivate a strong culture of child welfare not just as a fa? §ade but as real foundation informing the best interests of the children. Children rights The menace of child abuse has haunted the society for the longest time. This is so despite the various legal instruments which have been put in place to curb this menace. As a society, one cannot help but wonder about the resilience of these unpalatable incidents visited upon the young ones. Where something has a legal backing putting sanctions on its practice, there is usually an expected turn-around from such behaviour but when it comes to child abuse, this is not the case (United States: Events of 2016, 2017). There seems to exist a resilience and unquenchable thirst to abuse children rights. However, this might not be in the everyday record we peruse due to the fact that most cases tend to go unreported. Consequently, this wrongly depicts a united front to curb such behavior while the sad truth is that the society seems to be mark timing at the stage of baby steps when it comes to this fight. It is estimated that 24% of children become are abused in their first year of life. In 2015, approximately 1,670 children succumbed to child abuse while child protective care centers received a rough estimate of 700,000 cases of child abuse (Co, 2017). Whether it is the society which has failed to protect its most vulnerable or such failure is attributable to the legislative arm of the government, this is an uncalled for debate. There are in place numerous legislations in regard to children rights. These instruments range from those with international status bestowed upon them to domestic legislations which are specific to the United States jurisdiction. It therefore comes as a surprise that such volatile culture towards children seems to thrive amid such measures being in place (United States: Events of 2016, 2017). It is imperative to note that this is a positive indicator of the systems failure to adequately protect the children. In order to address this issue conclusively, there is need to depart from the traditional view of whether there is in place sufficient laws to curb the menace. A new perspective of interrogating the root cause of the failure by the existing laws should be adopted for one to aptly decipher the persistent menace of child abuse. The rights of children must be protected by all means and at all cost whether by the state or the society. Any blame game attributed to failure to undertake the necessary measures is an unacceptable culture. It is important to note that the duty of the government does not end at legislating the respective laws in this sphere. It is called upon to take all measures necessary to see to it that the particular legal instruments are given a breath of life (Co, 2017). This can be achieved by ensuring that there are practical and achievable measures in place to aid in implementing these. For example, it is prudent for the government to not only enact a certain legislature but also ensure public participation before such enactment can be done. It can positively be argued that public participation creates legal awareness and emancipation which may most likely reduce the current trend of child atrocities. Enacted laws on Child abuse Despite its unwillingness to ratify one of the prominent the United Nations convention on children rights, some people argue that the United States commitment to the protection of children rights is unshakable. Some may question this commitment intensely and conclude the government somehow maybe deemed as a perpetrator itself. Nevertheless, it is important to acknowledge that there are quite some reasonably good laws which have been enacted to curb this menace. One of the most celebrated is The Child Abuse Prevention and Treatment Act (CAPTA) law which was enacted in 1974 and reauthorized in 2010. This is the largest legislative body which encapsulates in an elaborative manner the rights of children. Among the recognized rights include the right to ethical, legal and fair treatment of children. It further enshrines their right to be free from any form of abuse be it sexual emotional, psychological or physical. In addition there is in place a mandatory reporting law. This law mandates all persons who work closely with children to prudently report any suspicious dealings involving a child. This law tries to harmonize all perpetrators whether they are the victims family or a total stranger. Although the spirit of this law is state specific, it can be deemed as a stepping stone towards alleviating the vice of child abuse. The two conspicuous laws in this sphere coupled with a myriad of state specific laws to some extent ensure children rights are protected within the United States jurisdiction. For a state of its stature, it is evident that the variance in applicable laws in matters pertaining to children rights is not a picture perfect scenario. The failing court system Having successfully established the existence of legal instruments, it is important to analyze the mode of implementing the written laws. Laws do not exist in a vacuum, they exist in a society and the society has forever been known for its resistance to change. Take for example a scenario in which the legislature enacts a law which makes corporal punishment for children illegal. Present the scenario in a societal setting which has carried out this practice for long. Obviously, the expected outcome is some form of resistance from the society. With the law in place and the prevailing resistance, the court must step in and either implements the law as is or interpret it to determine its legality. An effective court system is a sure way of ensuring the operability of any legal instrument. When the legislative arm of government enacts laws, there should be some form of certainty as to its implementation and most especially where the legal instrument is sound. In cases where the courts are not keen to reinforce the legislatures efforts, it can be said that the whole system has failed (Co, 2017). That notwithstanding, seeing as the court is a big part of the government, most times the blame falls squarely on the government. Although courts are meant to promote justice, one can positively say that at times it becomes hard to further this mission and objective. The evident legal divide is a common feature in the court rooms (Brico, 2018). As per s research by the American Psychological Association the likelihood of abusive fathers succeeding in custody cases is way higher than that of the abused mother (Brico, 2018). The resultant effect of such glaring injustice exposes the child to a lifetime of not only anguish and emotional torture but also a violent unhealthy environment. This ultimately affects the childs right to grow up in a conducive environment. Protracted court battles can in their own form be an abuse especially where the children victims are forced to constantly interact with their perpetrators in the court rooms in pursuit of justice. Despite the well-known fact of the role the state should play when it comes to rights of citizens and more so those in the margin of vulnerability, the 1989 landmark decision in DeShaney v. Winnebago County Department of Social Services came as a surprise to many. The honourable judge in that matter opined that it was never the mandate of the government to protect abused children and any other citizens in cases where it is not an active participant of the harm (Co, 2017). This is a perfect example of the few cases in which the court has purported to mislead the government when it comes to children rights. It is the supreme duty of the state to intervene and protect its citizens irrespective of the perpetrator. Similarly, some courts have always viewed child witness differently and are not as eager to admit their testimony. The evidence is often scrutinized jealously before admission. This depicts a system that is still struggling under the influence of the infamous Crawford v. Washington case. This case set a precedent which requires thorough scrutiny of evidence before the same can be admitted (Harmon, 2014). This means that if presented with a case scenario in which the only witness to the abuse is a child and unfortunately the threshold is not met, the likelihood of the perpetrator walking scot-free is high. Instead of adamantly applying the scrutiny rule, the courts should adopt a more flexible means of analyzing child evidence. Aptly put, it will be in line and the spirit of the doctrine of presumed competence for every witness. The issue of children delinquents is another pressing issue which has bedeviled the court system. While the primary role of the courts should be reinforcing the governments efforts to protect those deemed as vulnerable in the society, the court system seems to derail the government endeavors. While a child witness testimony is regarded too vulnerable to be directly admitted as evidence, the courts have sometimes found themselves on the receiving end for failing to adequately protect child criminals. There are claims that some children have often been tried in adult courts and even placed together with older criminals (Children Rights, 2014). This is an outright abuse of the children rights although manifested in an advanced degree. Recommendations Child care protection centers play a vital role when it comes to protecting children rights. However, the disparity in ascertaining what can be reported and what cannot meet the threshold for their action seems to be an impediment in their work. This is largely attributable to the fact that each state has a mandate to promulgate the applicable threshold within its jurisdiction. Given the sensitivity of the matter, the courts should step in and advocate for harmonization of the laws in respect of child abuse. This will go far in ensuring a common objective in the fight against child abuse. While it is the duty of law enforcers like courts to protect the children, the courts cannot effectively undertake this task on their own. The courts largely depend on reports by the care providers to come to conclusions on matters pertaining child abuse. Although the United States court system does not allow the court officers to be actively involved in the investigations there needs to be a different approach. As soon as a case of such nature is reported and brought to the attention of the court, the court can take it upon itself to constitute an ad hoc committee to look into the matter. This will more likely than not provide the court with some inside information and insight into the matter which may subsequently vest on it a better perspective. Efforts to effectively address child abuse and neglect must be properly informed by a thorough understanding of the complexity and integration of culture and social stratification. While deciding on the best interest of the child, the courts must be alive to the prevailing and ever increasing heterogeneity of families units in the United States. The courts should also take it upon themselves to carry out emancipation campaigns on the applicable laws to this issue. Where the society is fully equipped with the laws and their applicability in this sector, the legal backing may ultimately result into a reduction in child abuse cases due to the imposed sanctions. As earlier pointed out, child abuse prevention and counter mechanism involve a multiplicity of agents working together to achieve the core objective. However, most of the agents have stringent measures which the victims have to undergo before finally getting their justice. The system would be more effective where the various agencies get streamlined and harmonized to ensure the victims are not subjected to further anguish in their endeavor to secure justice. Another contributing factor to this menace is the societys outright display and disregard for research touching on children rights. There is little investment both economically and education wise when it comes to such researches. Either the society is ignorantly satisfied with the little information it has or it simply is disinterested in the matter. For example, there are parents who are not aware that corporal punishment can no longer be meted out to the children. They deem state interference as an unnecessary party whose objective is to promote any bad behavior exhibited by their children. A perfect illustration of this phenomenon is the rising figure of parents accused of maltreating their children. Conclusion The glaring inter-agency dependence when it comes to the protection of the rights of a child could be both a blessing and a nightmare at the same time. While other departments may actively take part in this fight, the ultimate safeguard lies with the court system. It is therefore incumbent upon the courts to ensure that a childs best interest prevails at all material times.

Each Year, More Than 100 Million Animals Including Rats,

Each year, more than 100 million animals including rats, mice, fish, cats, hamsters, and birds are killed in U.S. laboratories. The reasons behind the killings of these innocent animals are for biology lessons, medical training, drug, food, and cosmetics testing. Animals are used to test commercial products as well as scientific developments. Using animals to test the safety of products and in research has been a topic of debate for years and it will continue for many more years if it does not come to an end. Although humans sometimes benefit from successful animal research and testing. The deaths, pain, and suffering of these innocent animals are not worth the possibility of human benefits. Animals were not given the voice to speak out,†¦show more content†¦The stress of living their isolated lives have causes many of these animals to begin unseen behavior such as pulling out their hair, biting at their own skin, and inflicting pain upon themselves. These are not ideal cond itions for any living and breathing animal to go through. These animals not being able to taken for granted and are pushed to their limits of life, animal testing should be stopped because it violates the rights of animals. To explain more, testing of products on animals is no longer needed because viable alternatives are available. In vitro testing, are cellular tests that are done inside a test tube, for example, studying cell structures and the rate at which cells grown in a petri dish. This can produce more relevant results than animal testing because human cells can be used. Researchers have also developed a wide range of computer models that simulate human biology and the progression of diseases in a human body. These accurate computer models can predict the way that new drugs will react in the human body and replace the use of animals for testing. Lastly, we can get more accurate results with simply testing on humans. This is a method called â€Å"microdosing† it can provide vital information on the safety of an experimental drug and how the effects are on a smaller group or certiain population of humans prior to large amout of human trials. Volunteers are given an extremely small one-time drug dose, of the experimental drugShow MoreRelatedThe Minute Speech Against Animal Testing1053 Words   |  5 PagesMinute Speech against animal testing We should stop the use of animals for research and testing purposes. Animal research/testing refers to the use of non-human animals for testing or experimenting on. The use of animals for testing is used in the fields of: Biomedical research, security, evaluation, and education of a product. Every year animals are subject to experiments so painful and damaging that no one would ever do them on humans. 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It Is Topic That Lends Itself to the Debate Since No One Ignores

Question: If The Required Rate Of Return Is 20%, Should This Project Be Accepted? Answer: Introduction A REIT is a criteria, other than financial criteria, to accept an investment project is given by strategic considerations. It is a topic that lends itself to the debate since no one ignores - for example, to take a look at the central headquarters of the big financial and industrial companies - that a great part of the decisions of investment are taken for reasons of prestige, with Exclusion of the investment-benefit-risk analysis, and another non-minor part is taken for reasons of necessity. Prestige, need, positioning in the market, competitive size, are criteria invoked when making decisions (Mattarocci, n.d.). Question 1 Discounted Cash flows for REITS-ASX companies Expected rate of return Q1) cost of purchase Cost of sale= $ 300,000 Purchase cost= selling price + buying expense = 300,000 + 4 % (300,000) =300,000 + 12,000 = $ 312,000 b) Calculate the annual net rent from the property over the period of 2018 Until 2021 2017= $ 300,000 2018= ( 3.5% * 25,000 ) + (25,000) = 25,875 2019 = ( 3.5% * 25,875 ) + ( 25,000) = 26,780 2020= ( 3.5% * 26,780) + (25,000) = 26,987 2021= ( 3.5% * 26987) + (25,000) = 26,944 2022= ( 3.5% * 26944) + ( 25,000) = 26,943 C) Expected sale price for this property Price in 2021= initial capital outlay + ( 1 + 1.8%^4) = 300,000 (1.070) = $ 322, 190 d) Selling price of the property in 2021 NPV = {Net Period Cash Flow/(1+r)^T} - Initial Investment Where r = rate of return, and T = the number of time periods. 300,000( 1 + 8%^ 4) 300,000 408,146.88-300000= $ 108,146.88 Profitability Index( PI) = 108,146.88 / 300,000 = 0.36 This is less than 1 which is a viable project according to profitability index IRR = where: Ct= cash inflow of the period t at net Co= investment initial costs r = rate of discount, and t = periodsnumber IRR= 300000 (1.08^ 5- 300000 = 440,798 300000 = $ 140,798 e) Would you vote for this project and why YES I WOULD Why- The project should be accepted since it is has a positive NPV and IRR. Negative npv means that the project npv is not the best and the rate of return for the project is not going to yields any positive cash inflows. It runs at a loss. Starting with the second, it should be pointed out that the person responsible for the decision to accept, in addition and before verifying the acceptability shown by the figures, it is very useful to know the human nature and the professional quality of the one who presented the figures, taking into account That in these cases, as dangerous can be the excessively optimistic or launched as the fearful, always ready to flee from risk for fear of being wrong (Lombardi, 2010). Moreover, although there are no reasons for need, convenience or image, which I have just quoted, it may be perfectly reasonable, valid, and expedient to make investment decisions that financially would not be self-justifiable, as many businesses do, Multidivisional companies are successfully competing and started through investments in projects that were already known to be not profitable in and of themselves (Wang And Chan., 2015). Research on the following Australian REITS Goodman Group ( ASX Code: GMG ) This is an Australian industrial and commercial property conglomerate or group that deals with managing real estates including, developing, owning and managing real estates including office parks, business facilities, global freight warehouses and large scale logistics. It is listed in the ASX and its stocks are currently valued at A$ 8.23. Its market capitalization runs into 3.5 billion Australian dollars. Its management structure is vertical structure which is from top to bottom. It is headed by a CEO and a management structure of high level managers who are departmental heads whish is a good structure with hierarchy of authorities. Aims Properties Securities Fund ( ASX CODE: APW) It is a listed property management company which provides consultancy in a broad portfolio of both listed and unlisted property funds and has a property trust of high yielding investments. . It is listed in the ASX and its stocks are currently valued at A$ 2.3. Its market capitalization runs into 5 billion Australian dollars. Its management structure is vertical structure which is from top to bottom. It is headed by a CEO and a management structure of high level managers who are departmental heads which is a good structure with hierarchy of authorities. Lantern Hotel Group ( ASX: Code LTN) This is a property trust group in Australia, it mainly focuses on the hotel management and ownership and development high end hotel facilities. The investment in this type of project is high and usually a has a high return. Its market capitalization runs into billions of Australian dollars spread across the whole of Australia. Its management structure is horizontal and is headed by a chief executive officer who has a broad support structure. Carindale Property Trust ( ASX; Code CDP) This is a real estate property investment group which specializes in property and real estate management. Carindale has a sole investment of 50% in westfield carindale. Its market capitalization runs into billions of Australian dollars spread across the whole of Australia. Its management structure is horizontal and is headed by a chief executive officer who has a broad support structure (Einhorn, Emmerich and Panovka, 2006). Moreover, although there are no reasons for need, convenience or image, which I have just quoted, it may be perfectly reasonable, valid, and expedient to make investment decisions that financially would not be self-justifiable, as many businesses do, Multidivisional companies are successfully competing and started through investments in projects that were already known to be not profitable in and of themselves Dexus Property Group ( ASX Code: DSX) Founded in 1984, Dexus is a real estate investment trust which manages, develops and has high trading in Australian office blocks and commercial and industrial property. Its market capitalization runs into billions of Australian dollars and currently trades in the ASX at A$ 10.24. It has a horizontal structure which is headed by CEO Darren Steinberg (Bodie, Kane and Marcus, 2014). Average monthly returns average monthly returns = cumulative total of months / number of months Lantern Hotel Group ( ASX: Code LTN)= 3.226/37 =0.087 Dexus Property Group ( ASX Code: DSX =289.99/38 = 7.63 Carindale Property Trust ( ASX; Code CDP) = 258.68/ 37 = 6.807 Aims Properties Securities Fund ( ASX CODE: APW) 44.46/37 = 1.202 Goodman Group 224.93/37 = 6.079 Monthly variance S^ 2= ( x Xmean ) ^2 / n-1 Real estate investment trust, rental alternative Economy The boom in construction has led several owners to go to the trust as a new investment alternative The Business Group assured that real estate investment trusts are consolidated as a safe, stable and profitable option in the real estate operations (Block, 2013). companies specialized in real estate, construction companies, trustees and stock brokers have created Real Estate Funds and real estate investment trusts, through which a group of assets Real estate (warehouses, offices, commercial premises and urban housing of high strata) forming a bag that generates a monthly income and an important valuation. According to the entrepreneur, investing in a real estate investment trust has several advantages over a traditional root farm operation. "The investment is diversified and backed by real estate assets, so, the investor acquires a permanent income, since he receives income from all the real estate in such a way that the event ual vacancy of one real estate will be offset by the occupation of the others,. The real estate investment trust is strengthened by generating profit for the constant valorization of the real estate, added to it and in case liquidity is required, the properties are easily traded for their qualities (Block, 2013). Real Estate Investment Trusts have an investment committee made up of expert people, which guarantees that the properties linked to the trust comply with the necessary conditions to generate the valuation, income and commercial attractiveness that allow the fulfillment of the projected figures. Conclusion "The tenants of the trust properties are usually top-tier companies with long-term lease contracts," For the businessman, this legal figure under the Australian Civil Code and also endorsed by the Code of Civil Procedure, instrumented by a trust agreement registered with the financial superintendence, constitutes a versatile tool that replaces other options more complex from the point of view Legal, tax and logistics. "It's certainly the best alternative for property protection (Block, 2012). pointed out that the return on real estate investment corresponds to the combination of the monthly rent produced by the property and its corresponding valuation over time, depending on the type of property, monthly rent and valuation (Lombardi, 2010). All this makes the legal or natural persons find new investment alternatives in the real estate sector, as is the case of the real estate investment trust. References Block, R. (2012). Investing in REITs. Hoboken, N.J.: Bloomberg Press/Wiley. Block, R. (2013). Investing in reits. Hoboken, N.J.: Bloomberg Press. Bodie, Z., Kane, A. and Marcus, A. (2014). Investments. Maidenhead: McGraw-Hill Education. Brueggeman, W. and Fisher, J. (2016). Real estate finance and investments. New York, NY: McGraw-Hill Education. Einhorn, D., Emmerich, A. and Panovka, R. (2006). REITs. New York: Law Journal Press. Geltner, D. (2014). Commercial real estate. Mason: OnCourse Learning. Lombardi, S. (2010). Real estate investment market. New York: Nova Science Publishers. Mattarocci, G. (n.d.). Anomalies in the european REITs market. Sing, T. and Ong, S. (2004). International real estate. [Bradford, England]: Emerald Group Pub. Wang And Chan. (2015). Reits. [Place of publication not identified]: Oxford Univ Press.