Child Rights On Decision Making Young People Essay

Child Rights On Decision Making Young People Essay Children have the same rights as adults. As a vulnerable group, children have particular rights that recognize their special need for protection and also that help them develop their full potential. Children are not helpless objects of charity or a property of their parents. They are recognized as human beings and the subjects of their own rights. A child is an individual, a family and community member with rights and appropriate responsibilities for his or her age and development stage. Children should enjoy the basic qualities of life as rights rather than privileges accorded to them (CRC 2006) Every child whether a boy or girl irrespective of age is unique and has important value as a human being with the right to respect for their human dignity. It has a right to be heard and to be considered in all matters and decisions that concern him or her, a right to be listened to and to be taken seriously (CRIN, 2002). This increases mutual respect and understanding between children and adults. Childrens participation protects them more effectively from abuse and exploitation. When we understand and respect childrens own experiences, we are able to create better protection mechanisms and the children themselves can act as active agents in their own protection. This helps to develop and build recognition of children as independent bearers of rights with a sense of identity and a positive implication for their self esteem (CRIN, 2002). Childrens rights are defined in a wide spectrum of economic, civil, political and social rights. These rights have been labeled as the right to protection and right to empowerment. Some of these rights are: Right to provision: Children have a right to be provided with a good standard of living, education and services, health care and a right to play. These include access to schooling, a balanced diet and a warm bed to sleep in. They also have a right to be protected from neglect, abuse, discrimination and exploitation (CRC, 2006) Children also have a right to participation. They have a right to their own programs and services and to take part in them. This includes decision making and involvement in libraries. Some rights allow children to grow up healthy and free. This include; Freedom of speech, Freedom of thought, Freedom from fear, Freedom of choice and to make decisions and Ownership over ones body. The UN Convention on the Rights of the Child (CRC) provides a framework for addressing not only rights to child protection care and adequate provision, but also for participation. A child who is capable of making his or her own views shall be assured by the parties of the state a right to express them freely (CRC, 2006) The views of the child are given weight according to the maturity and age of the child. A child can participate in the sense of taking part or being present or participate in the sense of knowing that ones actions are taken note of and may be acted upon. The extent to childrens participation will vary between and within societies (CRC, 2006) There has been a clash between the childrens protection and participation rights. Protection rights protect the children against exploitation and abuse for the best interest of the child while participation rights allow children to take part in decisions concerning their lives and a right to freedom of conscious and to hold an opinion. Adults and their childrens views may not always coincide. Many childrens wishes and views are ignored by the adults for the best interest of the child. For instance; Every child is entitled to acquire a name and a nationality. All children registration should be upon birth. The childs name, birth date and parents names are recorded. When a child is given a name at birth, he or she is not given an opportunity to choose a name for himself or herself. The parents do this for the best interests of the child. The child may however, decide to change its name upon reaching the age of maturity. In this case the child is denied a right to participate in choosing its name at first but at later stages of development; the same child can participate in the same by changing to its desired name (CRC). A child has a right to be protected from all forms of punishment or discrimination regardless of their age, race, sex, religion, status, their expressed opinions, activities and beliefs of the family members. As much as a child has a right to religion, to express their opinion, or equality regardless of their age, these are sometimes restricted by their parents or legal guardians. For instance, a child is not at liberty to join a religion cult without the parents interference. It is not because the child is denied its freedom to worship but its for the best interest of the child (CRC). Children also have a right to get and share information and to express them. In exercising this right, they are supposed to be careful not to damage themselves or the freedoms, rights and reputations of others. They may share information through talking, writing or drawing. A childs wishes may be ignored if it is for the best of the child. For instance, a child may be denied the right to express dislike or hatred towards a particular person by hauling insults at the person. On the same, the child may be restricted on the manner of expression. For instance through shouting or screaming or demanding instead of asking politely (CRC). Children have a right of association. They have a right to meet and to join groups and organizations. Not all groups joined by children are acceptable by their parents or guardians; this brings a clash between the childrens right of association and prevention of joining them. Children are also restricted from joining into these groups if they stop other people from enjoying their rights. For instance a rioting group which will probably cause peace disturbance to others, or an outlawed group will not be acceptable that the children join (CRC). Children have a right to privacy. They are protected from attacks in their way of life, their name, families and homes. However, their way of life can be invaded by their parents or guardians if its for their best interests, for instance, when parents suspect that the child may be involved in drugs or other unlawful activities they may be forced to ransack the childs room or personal effects (CRC). Its a right for the children to access information. This they get through the radio, newspapers, television, internet and childrens books. They have a right to choose what kind of information they would like to access and in which manner. However, not all information is suitable or helpful to them (CRC). Most of the information provided by the mass media especially the radio, television and internet is unsuitable to children. It may contain violence, obscenity or strong language. Since these are harmful to the children they dont have a right over them and so their parents or guardians have to protect the children from such by deciding on what is good or bad for them. The parents also have to protect on what their children browse on the internet since they can access pornography or sites with violence which are harmful to the child (CRC). It is a childs right to live with its parents. The child can however be separated from the parents when the conditions are not favorable for the child. Such conditions may be neglect or abuse by the parents or separation by the parents hence the state has to decide on which parent has to live with the child. If the child has no parents the state decides on a home or an institution for the child to live. In this case the child may not have much of a say in the choice of who to live with. Sometimes children run away from their birth homes to live with their relatives or even live on the streets. This may be as a result of poverty or rebellion. The best interests of the child are considered first before the child is taken back to its parents home (CRC). Conclusion Children have a right to participate in decisions that shape their life and therefore should be given a chance to express their own opinion. However, this right is only exercised considering the maturity and the best interest of the child. Not all decisions that a child makes will be supported by their parents or guardians. For instance, a child cannot make a decision not to go school. For the best interests of the child the child will be forced to attend school.

Jazz: A History Essay -- essays research papers

Jazz: The History   Ã‚  Ã‚  Ã‚  Ã‚  The music called Jazz was born sometime around 1895 in New Orleans. It combined elements of Ragtime, marching band music and Blues. What made Jazz such a different perspective of traditional music was its act of improvising. There was a widespread use of improvisation often by more than one player at a time. Songwriters would write the music down on a piece of paper, and then the Jazz musicians would try their best to play the music. Usually in a Jazz piece, musicians would use the song as a starting point to improvise around. Jazz musicians would play a familiar song to the audience, and by the time they were done with the piece they would stir up a totally different feeling away from the original song.   Ã‚  Ã‚  Ã‚  Ã‚  The average Jazz musician could not read music at all, but the way they performed on stage gave life to the audience. It thrilled them in a way that brought joy to their emotions. Their spontaneous music captured their hearts, which fell in love with the music known as Jazz. African-Americans and Creoles in New Orleans first played Jazz. And it was generally known that Buddy Bolden was the first Jazz musician to play. Some other veteran Jazz musicians such as Freddie Keppard, Bunk Johnson, and Clarence Williams were known to first play Jazz music. Although these people are not famous as of today, their style and ideas are still affecting musicians today.   Ã‚  Ã‚  Ã‚  Ã‚  Although Jaz...

It’s Time to Ban the Use of Landmines :: Argumentative Persuasive Essays

It’s Time to Ban the Use of Landmines      Ã‚  Ã‚  Ã‚   El Salvador, 6 April 1992--Three siblings died near the Guazapa volcano last weekend when they stepped on a mine planted during the period of civil warfare. Ironically, their parents had returned to the area only a few days earlier. The children were four, six and eight years old. Parts from the three children's bodies were found as far as 30 metres from the explosion site. (qtd. in Grant 25)    Antipersonnel landmines kill thousands of people every year. Antipersonnel landmines do not recognize a cease-fire; they continue killing or maiming for many years after the conflict is over. Antipersonnel landmines do not discriminate between soldiers or civilians. On the contrary, more and more they are being used in an indiscriminate way, terrorizing civilians and transforming agricultural fields into killing fields. In addition, de-mining is a very slow and very expensive process, and after a war most countries are not prepared to cope with the constant health care demands imposed by the number of injured by landmines. Finally, landmines make it very difficult for refugees to go back to their cities and villages. As response to the landmine problem, the international community has come up with a treaty to ban landmines. On March 1, 1999, the 1997 Mine Ban Treaty came into effect; so far 134 countries have signed the treaty. Unfortunately, the U. S. is not one of them.    The Encarta Encyclopedia defines a landmine as "an encased explosive device that is concealed below the surface of the ground." It can be made of "metal, plastic, glass, or wood" (n. p.). Probably the concept of landmines is almost as old as the existence of organized armies. Philip C. Winslow, in his book Sowing the Dragon's Teeth, describes how Roman soldiers, before the beginning of the first millennium, used a plant with spikes as a landmine in order "to delay pursuers" (126). The Chinese, according to Delbruck, used "ground mines" made out of explosives in the year 1232 (qtd. in Winslow 126). Six hundred years later, in 1840, the use of landmines was introduced in the United States; they were used "in large quantities" during the Civil War (Winslow 126, 127).

The Da Vinci Code Chapter 42-43

CHAPTER 42 The Depository Bank of Zurich was a twenty-four-hour Geldschrank bank offering the full modern array of anonymous services in the tradition of the Swiss numbered account. Maintaining offices in Zurich, Kuala Lumpur, New York, and Paris, the bank had expanded its services in recent years to offer anonymous computer source code escrow services and faceless digitized backup. The bread and butter of its operation was by far its oldest and simplest offering – the anonyme Lager – blind drop services, otherwise known as anonymous safe-deposit boxes. Clients wishing to store anything from stock certificates to valuable paintings could deposit their belongings anonymously, through a series of high-tech veils of privacy, withdrawing items at any time, also in total anonymity. As Sophie pulled the taxi to a stop in front of their destination, Langdon gazed out at the building's uncompromising architecture and sensed the Depository Bank of Zurich was a firm with little sense of humor. The building was a windowless rectangle that seemed to be forged entirely of dull steel. Resembling an enormous metal brick, the edifice sat back from the road with a fifteen-foot-tall, neon, equilateral cross glowing over its facade. Switzerland's reputation for secrecy in banking had become one of the country's most lucrative exports. Facilities like this had become controversial in the art community because they provided a perfect place for art thieves to hide stolen goods, for years if necessary, until the heat was off. Because deposits were protected from police inspection by privacy laws and were attached to numbered accounts rather than people's names, thieves could rest easily knowing their stolen goods were safe and could never be traced to them. Sophie stopped the taxi at an imposing gate that blocked the bank's driveway – a cement-lined ramp that descended beneath the building. A video camera overhead was aimed directly at them, and Langdon had the feeling that this camera, unlike those at the Louvre, was authentic. Sophie rolled down the window and surveyed the electronic podium on the driver's side. An LCD screen provided directions in seven languages. Topping the list was English. INSERT KEY. Sophie took the gold laser-pocked key from her pocket and turned her attention back to the podium. Below the screen was a triangular hole. â€Å"Something tells me it will fit,† Langdon said. Sophie aligned the key's triangular shaft with the hole and inserted it, sliding it in until the entire shaft had disappeared. This key apparently required no turning. Instantly, the gate began to swing open. Sophie took her foot off the brake and coasted down to a second gate and podium. Behind her, the first gate closed, trapping them like a ship in a lock. Langdon disliked the constricted sensation. Let's hope this second gate works too. This second podium bore familiar directions. INSERT KEY. When Sophie inserted the key, the second gate immediately opened. Moments later they were winding down the ramp into the belly of the structure. The private garage was small and dim, with spaces for about a dozen cars. At the far end, Langdon spied the building's main entrance. A red carpet stretched across the cement floor, welcoming visitors to a huge door that appeared to be forged of solid metal. Talk about mixed messages, Langdon thought. Welcome and keep out. Sophie pulled the taxi into a parking space near the entrance and killed the engine. â€Å"You'd better leave the gun here.† With pleasure, Langdon thought, sliding the pistol under the seat. Sophie and Langdon got out and walked up the red carpet toward the slab of steel. The door had no handle, but on the wall beside it was another triangular keyhole. No directions were posted this time. â€Å"Keeps out the slow learners,† Langdon said. Sophie laughed, looking nervous. â€Å"Here we go.† She stuck the key in the hole, and the door swung inward with a low hum. Exchanging glances, Sophie and Langdon entered. The door shut with a thud behind them. The foyer of the Depository Bank of Zurich employed as imposing a decor as any Langdon had ever seen. Where most banks were content with the usual polished marble and granite, this one had opted for wall-to-wall metal and rivets. Who's their decorator? Langdon wondered. Allied Steel? Sophie looked equally intimidated as her eyes scanned the lobby. The gray metal was everywhere – the floor, walls, counters, doors, even the lobby chairs appeared to be fashioned of molded iron. Nonetheless, the effect was impressive. The message was clear: You are walking into a vault. A large man behind the counter glanced up as they entered. He turned off the small television he was watching and greeted them with a pleasant smile. Despite his enormous muscles and visible sidearm, his diction chimed with the polished courtesy of a Swiss bellhop. â€Å"Bonsoir,†he said. â€Å"How may I help you?† The dual-language greeting was the newest hospitality trick of the European host. It presumed nothing and opened the door for the guest to reply in whichever language was more comfortable. Sophie replied with neither. She simply laid the gold key on the counter in front of the man. The man glanced down and immediately stood straighter. â€Å"Of course. Your elevator is at the end of the hall. I will alert someone that you are on your way.† Sophie nodded and took her key back. â€Å"Which floor?† The man gave her an odd look. â€Å"Your key instructs the elevator which floor.† She smiled. â€Å"Ah, yes.† The guard watched as the two newcomers made their way to the elevators, inserted their key, boarded the lift, and disappeared. As soon as the door had closed, he grabbed the phone. He was not calling to alert anyone of their arrival; there was no need for that. A vault greeter already had been alerted automatically when the client's key was inserted outside in the entry gate. Instead, the guard was calling the bank's night manager. As the line rang, the guard switched the television back on and stared at it. The news story he had been watching was just ending. It didn't matter. He got another look at the two faces on the television. The manager answered. â€Å"Oui?† â€Å"We have a situation down here.† â€Å"What's happening?† the manager demanded. â€Å"The French police are tracking two fugitives tonight.† â€Å"So?† â€Å"Both of them just walked into our bank.† The manager cursed quietly. â€Å"Okay. I'll contact Monsieur Vernet immediately.† The guard then hung up and placed a second call. This one to Interpol. Langdon was surprised to feel the elevator dropping rather than climbing. He had no idea how many floors they had descended beneath the Depository Bank of Zurich before the door finally opened. He didn't care. He was happy to be out of the elevator. Displaying impressive alacrity, a host was already standing there to greet them. He was elderly and pleasant, wearing a neatly pressed flannel suit that made him look oddly out of place – an old-world banker in a high-tech world. â€Å"Bonsoir,†the man said. â€Å"Good evening. Would you be so kind as to follow me, s'il vous plait?† Without waiting for a response, he spun on his heel and strode briskly down a narrow metal corridor. Langdon walked with Sophie down a series of corridors, past several large rooms filled with blinking mainframe computers. â€Å"Voici,†their host said, arriving at a steel door and opening it for them. â€Å"Here you are.† Langdon and Sophie stepped into another world. The small room before them looked like a lavish sitting room at a fine hotel. Gone were the metal and rivets, replaced with oriental carpets, dark oak furniture, and cushioned chairs. On the broad desk in the middle of the room, two crystal glasses at beside an opened bottle of Perrier, its bubbles still fizzing. A pewter pot of coffee steamed beside it. Clockwork, Langdon thought. Leave it to the Swiss. The man gave a perceptive smile. â€Å"I sense this is your first visit to us?† Sophie hesitated and then nodded.† Understood. Keys are often passed on as inheritance, and our first-time users are invariably uncertain of the protocol.† He motioned to the table of drinks. â€Å"This room is yours as long as you care to use it.† â€Å"You say keys are sometimes inherited?† Sophie asked. â€Å"Indeed. Your key is like a Swiss numbered account, which are often willed through generations. On our gold accounts, the shortest safety-deposit box lease is fifty years. Paid in advance. So we see plenty of family turnover.† Langdon stared. â€Å"Did you say fifty years?† â€Å"At a minimum,† their host replied. â€Å"Of course, you can purchase much longer leases, but barring further arrangements, if there is no activity on an account for fifty years, the contents of that safe- deposit box are automatically destroyed. Shall I run through the process of accessing your box?† Sophie nodded. â€Å"Please.† Their host swept an arm across the luxurious salon. â€Å"This is your private viewing room. Once I leave the room, you may spend all the time you need in here to review and modify the contents of your safe-deposit box, which arrives†¦ over here.† He walked them to the far wall where a wide conveyor belt entered the room in a graceful curve, vaguely resembling a baggage claim carousel. â€Å"You insert your key in that slot there†¦ .† The man pointed to a large electronic podium facing the conveyor belt. The podium had a familiar triangular hole. â€Å"Once the computer confirms the markings on your key, you enter your account number, and your safe-deposit box will be retrieved robotically from the vault below for your inspection. When you are finished with your box, you place it back on the conveyor belt, insert your key again, and the process is reversed. Because everything is automated, your privacy is guaranteed, even from the staff of this bank. If you n eed anything at all, simply press the call button on the table in the center of the room.† Sophie was about to ask a question when a telephone rang. The man looked puzzled and embarrassed. â€Å"Excuse me, please.† He walked over to the phone, which was sitting on the table beside the coffee and Perrier. â€Å"Oui?† he answered. His brow furrowed as he listened to the caller. â€Å"Oui†¦oui†¦d'accord.† He hung up, and gave them an uneasy smile. â€Å"I'm sorry, I must leave you now. Make yourselves at home.† He moved quickly toward the door. â€Å"Excuse me,† Sophie called. â€Å"Could you clarify something before you go? You mentioned that we enter an account number?† The man paused at the door, looking pale. â€Å"But of course. Like most Swiss banks, our safe-deposit boxes are attached to a number, not a name. You have a key and a personal account number known only to you. Your key is only half of your identification. Your personal account number is the other half. Otherwise, if you lost your key, anyone could use it.† Sophie hesitated. â€Å"And if my benefactor gave me no account number?† The banker's heart pounded. Then you obviously have no business here! He gave them a calm smile. â€Å"I will ask someone to help you. He will be in shortly.† Leaving, the banker closed the door behind him and twisted a heavy lock, sealing them inside. Across town, Collet was standing in the Gare du Nord train terminal when his phone rang. It was Fache. â€Å"Interpol got a tip,† he said. â€Å"Forget the train. Langdon and Neveu just walked into the Paris branch of the Depository Bank of Zurich. I want your men over there right away.† â€Å"Any leads yet on what Sauniere was trying to tell Agent Neveu and Robert Langdon?† Fache's tone was cold. â€Å"If you arrest them, Lieutenant Collet, then I can ask them personally.† Collet took the hint. â€Å"Twenty-four Rue Haxo. Right away, Captain.† He hung up and radioed his men. CHAPTER 43 Andre Vernet – president of the Paris branch of the Depository Bank of Zurich – lived in a lavish flat above the bank. Despite his plush accommodations, he had always dreamed of owning a riverside apartment on L'lle Saint-Louis, where he could rub shoulders with the true cognoscenti, rather than here, where he simply met the filthy rich. When I retire, Vernet told himself, I will fill my cellar with rare Bordeaux, adorn my salon with a Fragonard and perhaps a Boucher, and spend my days hunting for antique furniture and rare books in the Quartier Latin. Tonight, Vernet had been awake only six and a half minutes. Even so, as he hurried through the bank's underground corridor, he looked as if his personal tailor and hairdresser had polished him to a fine sheen. Impeccably dressed in a silk suit, Vernet sprayed some breath spray in his mouth and tightened his tie as he walked. No stranger to being awoken to attend to his international clients arriving from different time zones, Vernet modeled his sleep habits after the Maasai warriors – the African tribe famous for their ability to rise from the deepest sleep to a state of total battle readiness in a matter of seconds. Battle ready, Vernet thought, fearing the comparison might be uncharacteristically apt tonight. The arrival of a gold key client always required an extra flurry of attention, but the arrival of a gold key client who was wanted by the Judicial Police would be an extremely delicate matter. The bank had enough battles with law enforcement over the privacy rights of their clients without proof that some of them were criminals. Five minutes, Vernet told himself. I need these people out of my bank before the police arrive. If he moved quickly, this impending disaster could be deftly sidestepped. Vernet could tell the police that the fugitives in question had indeed walked into his bank as reported, but because they were not clients and had no account number, they were turned away. He wished the damned watchman had not called Interpol. Discretion was apparently not part of the vocabulary of a 15-euro-per-hour watchman. Stopping at the doorway, he took a deep breath and loosened his muscles. Then, forcing a balmy smile, he unlocked the door and swirled into the room like a warm breeze. â€Å"Good evening,† he said, his eyes finding his clients. â€Å"I am Andre Vernet. How can I be of serv – † The rest of the sentence lodged somewhere beneath his Adam's apple. The woman before him was as unexpected a visitor as Vernet had ever had. â€Å"I'm sorry, do we know each other?† Sophie asked. She did not recognize the banker, but he for a moment looked as if he'd seen a ghost. â€Å"No†¦ ,† the bank president fumbled. â€Å"I don't†¦ believe so. Our services are anonymous.† He exhaled and forced a calm smile. â€Å"My assistant tells me you have a gold key but no account number? Might I ask how you came by this key?† â€Å"My grandfather gave it to me,† Sophie replied, watching the man closely. His uneasiness seemed more evident now. â€Å"Really? Your grandfather gave you the key but failed to give you the account number?† â€Å"I don't think he had time,† Sophie said. â€Å"He was murdered tonight.† Her words sent the man staggering backward. â€Å"Jacques Sauniere is dead?† he demanded, his eyes filling with horror. â€Å"But†¦ how?!† Now it was Sophie who reeled, numb with shock. â€Å"You knew my grandfather?† Banker Andre Vernet looked equally astounded, steadying himself by leaning on an end table. â€Å"Jacques and I were dear friends. When did this happen?† â€Å"Earlier this evening. Inside the Louvre.† Vernet walked to a deep leather chair and sank into it. â€Å"I need to ask you both a very important question.† He glanced up at Langdon and then back to Sophie. â€Å"Did either of you have anything to do with his death?† â€Å"No!† Sophie declared. â€Å"Absolutely not.† Vernet's face was grim, and he paused, pondering. â€Å"Your pictures are being circulated by Interpol. This is how I recognized you. You're wanted for a murder.† Sophie slumped. Fache ran an Interpol broadcast already? It seemed the captain was more motivated than Sophie had anticipated. She quickly told Vernet who Langdon was and what had happened inside the Louvre tonight. Vernet looked amazed. â€Å"And as your grandfather was dying, he left you a message telling you to find Mr. Langdon?† â€Å"Yes. And this key.† Sophie laid the gold key on the coffee table in front of Vernet, placing the Priory seal face down. Vernet glanced at the key but made no move to touch it. â€Å"He left you only this key? Nothing else? No slip of paper?† Sophie knew she had been in a hurry inside the Louvre, but she was certain she had seen nothing else behind Madonna of the Rocks. â€Å"No. Just the key.† Vernet gave a helpless sigh. â€Å"I'm afraid every key is electronically paired with a ten-digit account number that functions as a password. Without that number, your key is worthless.† Ten digits.Sophie reluctantly calculated the cryptographic odds. Over ten billion possible choices. Even if she could bring in DCPJ's most powerful parallel processing computers, she still would need weeks to break the code. â€Å"Certainly, monsieur, considering the circumstances, you can help us.† â€Å"I'm sorry. I truly can do nothing. Clients select their own account numbers via a secure terminal, meaning account numbers are known only to the client and computer. This is one way we ensure anonymity. And the safety of our employees.† Sophie understood. Convenience stores did the same thing. EMPLOYEES DO NOT HAVE KEYS TO THE SAFE. This bank obviously did not want to risk someone stealing a key and then holding an employee hostage for the account number. Sophie sat down beside Langdon, glanced down at the key and then up at Vernet. â€Å"Do you have any idea what my grandfather is storing in your bank?† â€Å"None whatsoever. That is the definition of a Geldschrank bank.† â€Å"Monsieur Vernet,† she pressed,† our time tonight is short. I am going to be very direct if I may.† She reached out to the gold key and flipped it over, watching the man's eyes as she revealed the Priory of Sion seal. â€Å"Does the symbol on this key mean anything to you?† Vernet glanced down at the fleur-de-lis seal and made no reaction. â€Å"No, but many of our clients emboss corporate logos or initials onto their keys.† Sophie sighed, still watching him carefully. â€Å"This seal is the symbol of a secret society known as the Priory of Sion.† Vernet again showed no reaction. â€Å"I know nothing of this. Your grandfather was a friend, but we spoke mostly of business.† The man adjusted his tie, looking nervous now. â€Å"Monsieur Vernet,† Sophie pressed, her tone firm. â€Å"My grandfather called me tonight and told me he and I were in grave danger. He said he had to give me something. He gave me a key to your bank. Now he is dead. Anything you can tell us would be helpful.† Vernet broke a sweat. â€Å"We need to get out of the building. I'm afraid the police will arrive shortly. My watchman felt obliged to call Interpol.† Sophie had feared as much. She took one last shot. â€Å"My grandfather said he needed to tell me the truth about my family. Does that mean anything to you?† â€Å"Mademoiselle, your family died in a car accident when you were young. I'm sorry. I know your grandfather loved you very much. He mentioned to me several times how much it pained him that you two had fallen out of touch.† Sophie was uncertain how to respond. Langdon asked,† Do the contents of this account have anything to do with the Sangreal?† Vernet gave him an odd look. â€Å"I have no idea what that is.† Just then, Vernet's cell phone rang, and he snatched it off his belt. â€Å"Oui?† He listened a moment, his expression one of surprise and growing concern. â€Å"La police? Si rapidement?† He cursed, gave some quick directions in French, and said he would be up to the lobby in a minute. Hanging up the phone, he turned back to Sophie. â€Å"The police have responded far more quickly than usual. They are arriving as we speak.† Sophie had no intention of leaving empty-handed. â€Å"Tell them we came and went already. If they want to search the bank, demand a search warrant. That will take them time.† â€Å"Listen,† Vernet said,† Jacques was a friend, and my bank does not need this kind of press, so for those two reasons, I have no intention of allowing this arrest to be made on my premises. Give me a minute and I will see what I can do to help you leave the bank undetected. Beyond that, I cannot get involved.† He stood up and hurried for the door. â€Å"Stay here. I'll make arrangements and be right back.† â€Å"But the safe-deposit box,† Sophie declared. â€Å"We can't just leave.† â€Å"There's nothing I can do,† Vernet said, hurrying out the door. â€Å"I'm sorry.† Sophie stared after him a moment, wondering if maybe the account number was buried in one of the countless letters and packages her grandfather had sent her over the years and which she had left unopened. Langdon stood suddenly, and Sophie sensed an unexpected glimmer of contentment in his eyes. â€Å"Robert? You're smiling.† â€Å"Your grandfather was a genius.† â€Å"I'm sorry?† â€Å"Ten digits?† Sophie had no idea what he was talking about. â€Å"The account number,† he said, a familiar lopsided grin now craning his face. â€Å"I'm pretty sure he left it for us after all.† â€Å"Where?† Langdon produced the printout of the crime scene photo and spread it out on the coffee table. Sophie needed only to read the first line to know Langdon was correct. 13-3-2-21-1-1-8-5 O, Draconian devil! Oh, lame saint! P. S. Find Robert Langdon

Domestic Violence: Beyond Patriarchy

Domestic Violence: Beyond Patriarchy In the Beginning The Battered Women's movement of the 1970's enlightened society about a much secreted, and what at the time, was considered a family matter, that of violence against women by their male intimate partners. Many lives have been saved as a direct result of society's public awareness of this much-hidden scourge on our families. Federal and state laws prohibiting Intimate Partner Violence (IPV) have been enacted, and funding has been put in place for battered women's shelter programs. These changes have made a significant difference in the lives of battered women and children over the last few decades. The feminist theoretical perspective of IPVIPV has been depicted throughout our society as well as how victim services, and batterers intervention programs (BIP) are modeled. â€Å"Our culture has historically exhibited certain patriarchal values observable in religion and social custom. Working against the backdrop of this history, feminism quite naturally saw an antidote in ending social oppression of women. Wife assault, kept largely out of the public view and tolerated by prevailing attitudes, was regarded by feminists as an evil symptom of patriarchy. † (Dutton, page 17, 2006) Feminist theory defines IPV as a social problem with a single type of victim i. e. heterosexual women and one root cause, that of male privilege and patriarchy, which supports male domination, power, and control and the oppression of women. The need for services for IPVBIP's for female perpetrators is obscured and trivialized by this â€Å"one size fits all† view. Dutton describes feminist theory on IPV as being a â€Å"‘paradigm:†Ã¢â‚¬Ëœ [A paradigm is] a set of guiding assumptions or worldview, commonly shared within a group and serving to ward off recognition of data that are dissonant with the paradigm's central tenets. This theory views all social relations through the prism of gender relations and holds that men hold power over women in patriarchal societies and that all domestic violence is either male physical abuse to maintain that power or female defensive violence used as a self protection. (p. 2, 2005) developed through the anti-rape and battered women's movements. This perspective has been the guiding light for how the social problem of against men by women and The violence against women by men paradigm is so entrenched that if anyone pursues any other theories or presents any data that is contrary to that perspective it is automatically considered anti-domestic violence movement. (Dutton, p. 44, 2005) Lucal (1995) found that attempts to discuss the idea of battered husbands started an emotionally charged and fiercely contested debate among researchers which has been the classic debate filled with claims and counterclaims. Much of the debate has been centered around whether or not there are very many battered husbands. Most of the debate has been about whether or not battered husbands are a social problem worthy of support. (pp. 95-96) Revealing Statistics Dr. Murray Straus, co-founder and co-director of the University of New Hampshire's Family Violence Research Laboratory, has studied IPV and child abuse for over thirty years. In study after study he has found that both men and women are capable of being victims and committing IPV. For instance: (I? E(Busing data from the National Family Violence Survey of 1975, Straus (l980) found that 11. 6 (2. 6 million nationwide) of husbands reported having been the victim of severe violence by their wives. Severe vio1ence was defined as behaviors, such as kicking, punching, beating, or using a knife or gun, that have a high probability of causing physical injury. (as cited in Hines Malley-Morrison, p. 77, 2001) Presenting data that defies feminist logic has caused Dr. Straus and his colleague's substantial risk. As a result of the depth of the objections to our finding on assaults by wives, some of us became the object of bitter scholarly and person attacks. These attack included obstruction of my public presentations by booing, shouting, and picketing. In elections for office in scientific societies I was labeled as antifeminist despite being a pioneer feminist researcher on wife beating (Straus, 1973, 1996 as cited in Straus, pp. 225-226, 1992). Suzanne K. Steinmetz, a co investigator in the first National Family Violence Survey, was the victim of more severe attacks. There was a letter-writing campaign opposing her promotion. There were phone calls threatening her and her family, and a bomb threat at a conference where she spoke. (pp. 225-226) Studies such as the National Violence Against Women Survey tend to filter out male reports of victimization because of the â€Å"‘set†Ã¢â‚¬Ëœ of the survey (criminal victimization of women) (Dutton, p. 4, in press). However, the National Violence Against Women Survey in 2000(a) reports that more than 834,000 men are raped or physically assaulted by an intimate partner each year in the United States. This translates into about(I? E(B32 assaults per 1,000 men. (Tjaden & Thoennes, p. 11) Since the respondents in this study were told they were being interviewed about â€Å"personal safety† issues it's quite possible that this number is an underestimate as many of the men may not have perceived the violence that their wives or girlfriends were perpetrating against them as a threat to their safety. (Hines & Malley-Morrison, p. 77, 2001) The Establishment of Services for Male Victims Spreading the word as news of the availability of DAHMW's helpline became more known, calls from men and those concerned about a male relative or friend whom they thought were in an abusive situation started coming in from around the country. A website was created with information on male victimization and other resources and tri-fold brochures specifically addressing IPV against men were designed, printed and distributed through mailings and placements on community bulletin boards. Consequently, two years after its inception, DAHMWDAHMWIPV. as highlighted in the National Crime Prevention Council's book, â€Å"50 Strategies to Prevent Violence Domestic Crimes. † (2002) as, â€Å"[one of] 50 promising programs [that offer] new and alternative methods to aid under-served victims of violent domestic crime including teens in dating relationships, elderly victims of late-life abuse, child witnesses to violence, battered immigrants, male victims, and survivors in the gay and lesbia n community. † In 2003 Verizon began to publish the crisis line in a number of their phone books. Incoming calls to helpline have grown exponentially from fourteen a month in 2001, to over three hundred calls a month in 2006. The vast majority of the calls continue to be from or about a male victim (and children) of female Information gathered from male callers to the helpline suggests that some violent women use highly physically disabling tactics on their victims. â€Å"According to qualitative accounts, several physical attacks [are] reported to have occurred to the groin area, as in the following examples: â€Å"‘G reports that his estranged wife frequently targeted his testicles in her attacks, which included head butting and choking. Police were called to his home six times, one call resulted in the wife's arrest. â€Å"‘ â€Å"‘I was writhing, crying in the corner, I couldn't get up for two hours she kicked me in the groin at least 12 times. â€Å"‘ â€Å"‘She held a knife to my balls and threatened to cut them off. â€Å"‘ (Hines etal, p. 66, 2007) The stigma attached to being a man abused by a woman is profound. Many men report that they were taught never to hit a girl, be strong, do not cry and do not tell your personal business to anyone from their parents and caregivers. There is also a cultural belief that men should be able to defend themselves. However, if a man does defend himself against his abusive female partner and the police are called, the man is the one that will be arrested. When Dwayne Bobbit had his penis cut off by his wife in 1993, it was a big joke for late night comedy. Lorena Bobbitt was found not guilty by reason of temporary insanity. The reaction would have been entirely different had the genders been reversed. (Dutton, p. 148, 2006) Law Enforcement and the Court's Response The concerned family members and the victims themselves to the DAHMW helpline have recounted reports of the lack of concern for male victims: Misconceptions and Realities Feminists' theorists assert that women's violence against men is less likely than men's violence against women to result in serious physical or psychological harm. (Dutton & Nichols, p. 697, 2005) They use this claim to dismiss women's violence against men and male victims. Women, in general, may not be as big or strong as men are, however, what women lack in size and strength they make up for with the use of weapons. Research conducted at an emergency clinic study in Ohio (Vasquez & Falcone, 1997, as cited in Dutton & Nichols, 2005 ) revealed that 72). The authors reported that burns obtained in intimate violence were as frequent for male victims as female victims. As this study demonstrates, community samples, unless they require subjects to self-report as crime victims, show a different and more equivalent pattern of violence by gender than that alleged by the(I? E(Bfeminist perspective(I? E(B. Regardless of the variations in the studies, two conclusions seem reasonable: (1) women are injured more than men, and (2) men are injured too, and are not immune to being seriously injured. Simply because the injury rates are lower, men should not be denied protection. (Dutton & Nichols pp. 97-678, 2005) The feminist perspective of IPV being predominantly patriarchal in nature also excludes much of the victims in LGBT community. The LGBT community has had to set up their own domestic violence shelter programs that primarily or exclusively protect, educate and serve LGBT individuals who are victims of IPV. (e. g. see the www. gmdvp. org, w ww. lagaycenter. org/FamilyViolence etc ) According to Helfrich & Simpson (2006) lesbians have a difficult time accessing services through the traditional battered women's shelter programs due to the lack of policies to screen lesbian survivors and identify batterers. Lesbian batterers may use deception to access services through the same agency as the survivor and there are little to no stopgap measures taken to deal with those situations. (p. 344) Beyond Patriarchy, Alternative Theories on IPV Dutton (2006) asserts that the best predictor of intimate partner violence is not gender but personality disorder (p. 153). Since the beginning of the battered women's movement, researchers who have studied maritally violent men have often treated batterers as a homogeneous group. They have measured violent husbands by comparing them to nonviolent ones. However, more recently they have found that violent husbands vary along a number of important dimensions, including severity of violence, anger, depression and alcohol abuse. (Holtzworth-Munroe & Stuart, p. 476, 1994) More recently, researchers have begun to investigate what attachment styles and personality disorders have to do with IPV. The focus for this paper regarding typologies of batterers is on the dysphoric/borderline subtype and so a full description of each subtype of batterer is beyond this review. For more information of the various subtypes please review, Holtzworth-Munroe & Stuart, 1994; Holtzworth-Munroe et al. 1997; Holtzworth-Munroe et al. , 2000; Waltz et al. , 2000; Babcock et al. , 2003; Carney & Buttell, 2004) Researchers have found that batterers are more likely a heterogeneous than a homogeneous group and within that heterogeneous grouping various subtypes of batterers exist. Seminal research done by Holtzworth-Munroe and Stuart (1994) studied violent men and ascertained various typologies of male batterers. Holtzworth-Munroe and Stuart categorized three major subtypes and they labeled them, family only, dysphoric/borderline, and generally violent/antisocial. (Holtworth-Munroe & Stuart, p. 76-482, 1994) Holtzworth-Munroe and Stuart described dysphoric/borderline batterers as those who engage in moderate to severe wife abuse as well as psychological and sexual abuse. Their violence is primarily towards the family; however, they suggested that some extra familial violence and criminal behavior may be evident. Additionally, they found that these men are the most dysphoric, psychologically distressed, and emotionally volatile and that they have evidence of borderline and schizoidal personally characteristics. The may also have problems with alcohol and drug abuse. (ibid. According to Dutton (2006), â€Å"Across several studies, implemented by independent researchers, the prevalence of personality disorder in wife assaulters has been found t o be extremely high. These men are not mere products of male sex role conditioning or â€Å"‘male privilege†Ã¢â‚¬Ëœ [as the feminist theory of IPV suggests]; they possess characteristics that differentiate them from the majority of men who are not repeat abusers. † (p. 185) In addition to research on subtypes of batterers, there is also evidence to suggest that early attachment has bearing on what type of person may have the propensity towards perpetrating IPV. Buttell et al (2005) states that the presence of batterer subtypes is widely accepted in the field and that findings from [their] study seem to suggest that issues of attachment and dependency may be related to the development of an abusive personality for one type of batterer. They state that if true, efforts to improve intervention may need to focus on distinguishing batterer subtypes and developing intervention strategies relevant to the need for each subtype. (p. 216) Attachment styles may be the key to unlock many doors for both female and male perpetrators of IPV. Dutton in his book, The Abusive Personality, reiterates Bowlby's findings on attachment styles: In his landmark series of books entitled Attachment and Loss, Bowlby developed the notion that human attachment was of ultimate importance for human emotional development. In his view, it had sociobiological significance. His views encompassed the possibility of individual differences that came to be called â€Å"‘attachment styles'† referr[ing] to entire constellations of thoughts and feelings about intimacy. Reactions to the satisfaction or dissatisfaction of early attempts at attachment set up life-long attachment styles described as secure, fearful, or dismissing. The dismissing people tend to be wary of and stay out of relationships. The secure ones are comfortable with closeness. The fearful ones are stuck in the middle, exhibiting ambivalence toward intimacy and to those with whom they are emotionally connected. (as cited in Dutton, p. 116, 1998) Dutton (1998) further postulates that this push-pull reaction of the fearful attachment styled person resembles the ebb and flow of what he has coined the â€Å"cyclical personality. Dutton reports that in his notes on phrases used by female victims to describe their male batterers (who were clients of Dutton's) there was a recurring theme. They would express that their partners would act like â€Å"Jekyll and Hyde† and appear to be two different people at times. They also said things like, â€Å"He's like living with an emotional roller-coaster,† and describe their mates as moody, irritable, jealous and changeable. (p. 53) This cycling was first recognized by Lenore Walker in her book, The Battered Women, as the â€Å"‘battering cycle. â€Å"‘ (as cited in Dutton, ibid. As Dutton set out to gain some understanding of a cyclical or phasic personality he came across a book by John G. Gunderdson entitled, Borderline Personality Disorder: Dutton's research regarding attachment, borderline and the batterer's cyclical personality has been focused on male on female IPV, however, in his recent book, Rethinking DV, he discusses female perpetrators: Recent research has begun to explore the role of [fearful attachment, borderline traits, and chronic trauma symptoms, which generates what Dutton calls the abusive personality] among female perpetrators of partner abuse. Follingstad, Bradley, Helff, and Laughlin (2002) generated a model for predicting dating violence in a sample of 412 college students. (as cited in Dutton, p. 201, 2006) They found that anxious attachment resulting from early life experiences led to the development of an â€Å"‘angry temperament,†Ã¢â‚¬Ëœ which in turn related to attempts to control and use abuse against an intimate partner. The model predicted abusiveness for both genders (ibid. ) Other researchers have also hypothesized about subtypes of abusive males and females. For instance, Buttell et al (2005), states that researchers are beginning to explore the role of attachment theory and develop hypotheses on abusive behaviors relevant to different subtypes of abuser in order to improve intervention efforts for batterers. (p. 211) Gormley (2005) concluded that, â€Å"Insecure adult attachment orientations affect half the adult population, helping to explain the prevalence of men's and women's IPV. Women with insecure adult attachment orientations may be as much at risk as similar men of psychologically and physically abusing romantic partners, oing damage to relationships they may be socialize to value highly(I? E(B. † (p. 793) Female Batterers Scant research has been done on female batterers; however, due to the changes in mandatory arrest policies more women are being arrested than ever before. The debate about whether or not women perpetrate IPV has changed noticeably of late due in part to the fact that women are increasingly being arreste d, prosecuted, and sentenced to intervention programs for domestic violence offenses. Women's arrest for IPV is a direct result of legislation that has mandated the arrest of perpetrators in cases where police become involved when a domestic dispute has occurred. Warrantless arrest legislation gives police the power to arrest the abuser and press charges themselves when called to a domestic dispute. The victim no longer needs to press charges against the perpetrator. The arrest of women was certainly an unintended consequence of this legislation and has had a dramatic impact on the national debate regarding female initiated IPV. Carney & Buttell, p. 249, 2004) Feminist theory of IPV has created a dilemma regarding intervention services for female batterers. At present, the most prevalent legislated BIP's the system has set up are for dealing with batterers comes from the feminist model of IPV. Female batterers who are convicted of domestic assault and court ordered to attend a BIP have little choice but than to attend the feminist model of BIP's when court ordered to do so. (Carney and Buttell, p. 50, 2004) In addition, research on these [Duluth Model] BIP's indicate that few men who complete treatment benefit from it to the extent that they demonstrate positive changes in their behaviors. Of course, if men are not benefiting from a program that is specifically designed for patriarchal batterers then certainly abusive women will benefit even less. (ibid. ) According to Babcock & Siard (2003) some of the women arrested could have been acting in self-defense and were therefore falsely arrested but others with extensive violent histories may in fact be primary aggressors. p. 153) Men who are arrested are not given the same latitude. Babcock et al. (2003) mentions that in a study of women arrested for IPV, Hamberger and Potente (1994) found women who could clearly be identified as primary aggressors of IPV, yet in the treatment setting they were generally treated the same as those women who used self defense. (as cited in Babcock & Siard, p. 154). B abcock et al. (2003) proposed two categories of female batterers, those that were partner-only and those that were generally violent. The partner-only category covered women who may be more likely to use violence in self-defense and the generally violent women (of more interest for this paper) were women who used violence in any manner of situations including against their romantic partners. (pp. 153-154) Many studies on male batterer's include reports from their female victims; however, the researchers in this study did not ask the male victims for reports of their partner's violence. Iit is interesting to note that violent women were asked to report on their male partner's violence against them. (p. 57) They further note that power and control seems to be an issue for some abusive women and they suggest that women's power and control issues, traumatic histories, and psychological distress should be explored and indicate that clinicians may want to assess for psychopathology (i. e. post-traumatic stress disorder, borderline personality disorder, etc. ) (ibid. ) Recent studies have found that women's and men's viol ence share similar correlates (Giordano, Millhollin, Cernkovich, Pugh, & Rudolph, 1999; Magdol, Moffittt, Caspi, & Silva, 1998; Moffitt, Robins, & Caspi, 2001 as cited in Babcock et al, p. 53, 2003) therefore, they may also share similar motivations and circumstances. Female Batterers from Victims Reports Hines et al's (2007) research provides some insight into female batterers from their male victims. â€Å"Female abusers likely have a history of childhood trauma, may be suffering from a mental illness, and are likely to use alcohol and/or drugs. Further, these women have a high rate of threatening either suicide and/or homicide. † (p. 9) As previously stated, women have been asked to report on their male batterers and although this is not the ideal way to obtain information on batterers, feminist researchers have been gathering information in this way from battered women in shelters for years. (e. g. Walker, 2000 as cited in Hines et al, p. 69, 2007) Conclusion Men are vict ims of female perpetrated IPV and need services such as shelter, legal aid, support and counseling much the same as their female counterparts. Additionally, men's reports of victimization should not be called into question but treated with the same respect as women's reports. Protocols should be put in place within the domestic violence shelters programs, for law enforcement and the courts that will screen out potential female and male batterers so that victims are not judged by their gender. There is a dearth of research of female batterers and what has been presented from the feminist theory suggests that violent females use violence in self-defense. As we move away from the feminist theory of IPV researchers are discovering that childhood trauma, insecure attachment styles, mental illness, and/or alcohol and substance abuse play a role in IPV for both genders. Not all male batterers fit into the feminist theory of IPV, there are subtypes of batterers and attachment style plays a role in who perpetrates IPV. The subtype that is the focus of this paper is that of the borderline, cyclical batterer. Female batterers also show symptoms of having subtypes evidenced by reports from male callers to the DAHMW. Studies are beginning to assess psychological factors that predict female intimate partner violence. What is emerging is evidence of personality disorder, attachment style, and constricted affect that has also been seen in male abusers. Female abusers share much of the same traits as male abusers especially antisocial and borderline personalities. (Dutton, p. 203, 2006) As Babcock et al. (2003) explain, â€Å"[the] feminist perspective should be holistic, examining both the positive and negative sides of women's behavior. Bringing attention to some women being in the role of perpetrators, not solely as the victims of intimate partner abuse, involves viewing women as they are, not as we would wish them to be. † (p. 160) References About The Author

A great earthquake Essay

The magnitude 8. 8 earthquake that occurred a month ago in Chile, as well as the impending tsunami along the Pacific Rim is the product of a fortuitous event. These are events which cannot be foreseen or which though foreseen are inevitable. The quake struck at 3:34 a. m. in central Chile. The capital Santiago is about 200 miles from the epicenter and Concepcion, Chile’s second-largest metropolitan area, is roughly 70 miles from the quake’s center. A magnitude of 8. 0 or greater is classified as a great earthquake which results to communities being destroyed. The 8. 8 magnitude earthquake in Chile has killed lesser people compared to the 7. 0 magnitude that struck Haiti on January 12 that killed more than 200,000 people. It was 32 times the energy higher and 64 times greater than what took place in Haiti. The difference in the death toll lies in the buildings’ structures and their construction. Unless a building is designed and engineered specifically to withstand an 8. 0 or greater earthquake it’s going to sustain considerable damage. Even buildings that are well built sustain significant damage. Buildings that are poorly built are completely destroyed. Chile, being a more industrialized nation came up with more stringent building codes. By designing a more flexible structure, we can lessen the effect of the disaster. It makes the buildings slide or sway but not crumble to the ground. Engineers who work on earthquake resistant buildings said that current technologies prevent well-designed buildings from cracking when the ground shakes beneath them Natural disasters such as floods, tsunami and earthquakes do occur. There is nothing we can do to prevent it. However, there is something we can do to lessen its impact. Earthquakes alone don’t actually kill people; it is the collapsed structures that do the damage. Disaster preparedness as well as earthquake-proof buildings are the keys to lessen the impact of such disaster.

Amputation Mishap

In the following paragraphs, negligence, gross negligence, and malpractice are discussed and determine if the newspaper’s statement of negligence is correct. Ethical principles in nursing and nursing documentation regarding such issues are also discussed. Negligence and malpractice fall under the tort laws definition. According to Guido (2010), â€Å"Torts are civil wrongs, not based on contracts, but on personal transgressions in that the responsible person performed an action incorrectly or omitted a necessary action† (p. 92). Tort laws are based on fault and in a health-care setting, tort laws are the most common. To determine if the above scenario results in negligence, gross negligence, or medical malpractice, one must understand the definition of each. According to Guido (2010), negligence is a general term and â€Å"equates with carelessness, a deviation from the standard of care that a reasonable person would use in a particular set of circumstances† (p. 2). According to Judson and Harrison (2006), four key elements (four D’s), must be present to prove negligence (p. 101): 1. Duty: The person charged has a duty to provide care to the patient. Neighborhood Hospital and staff have a duty to provide a standard of care that a reasonable person would use in a particular set of circumstances. 2. Dereliction: The person charged breaches the duty of care to the patient. The operating room team failed to identify the correct leg for amputation prior to proceeding with the operation; therefore a breach of duty has occurred. 3. Direct cause: The breach of duty is a direct cause of injury to the patient. The wrong leg is amputated as a direct result of failure to identify the correct leg for amputation. As a direct result, the patient will become a double amputee once the correct leg is amputated. 4. Damages: A recognizable injury to the patient is present. In this case, the wrong leg was amputated deeming a recognizable injury. Using the above criteria, negligence is present in this case scenario. Gross negligence occurs when medical practitioners perform an intentional act regardless of the negative, anticipated consequences. In this scenario, the patient must prove the medical staff at Neighborhood Hospital intentionally amputated the wrong leg. The medical staff at Neighborhood Hospital did not intentionally amputate the wrong leg, therefore ruling out gross negligence. According to Guido (2010), medical malpractice is â€Å"the failure of a professional person to act in accordance with the prevailing professional standards or failure to foresee consequences that a professional person, having the necessary skills and education, should foresee† (p. 93). Guido further states the difference between negligence and malpractice is licensure. If the act is by a non-professional person, it is negligence. If the act is by a professional person, it is malpractice. Six elements must be present to prove malpractice (Guido, 2010, p. 93): 1. Duty owed to the patient Neighborhood Hospital and staff have a duty to provide a standard of care that a reasonable person would use in a particular set of circumstances. 2. Breach of the duty owed to the patient. The operating room team failed to identify the correct leg for amputation prior to proceeding with the operation; therefore a breach of duty has occurred. 3. Foreseeability. The omission of identifying the correct leg for amputation prior to surgery. 4. Causation: breach of duty owed caused injury. The wrong leg is amputated as a direct result of failure to identify the correct leg for amputation. As a direct result, the patient will become a double amputee once the correct leg is amputated. 5. Injury. In this case, the wrong leg was amputated deeming a recognizable injury. 6. Damages. The amputated leg cannot be replaced; therefore the patient is entitled to compensatory damages regarding pain and suffering, permanent disability, disfigurement, emotional damages as well as financial loss and medical expenses. In this scenario, all six elements to prove malpractice are present. The negligence is by licensed personnel in a hospital setting. Using the definitions and criteria above, the newspaper incorrectly defines the mishap as negligence. The correct term to use in this case is professional negligence or malpractice. Nursing documentation should be reflective of the patient’s hospital stay. This includes identifying and addressing patient needs, assessments, problems, limitations, and responses to nursing interventions. According to Guido (2010), â€Å"Documentation must show continuity of care, interventions that were implemented, and patient responses to the therapies implemented. Nurses’ notes are to be concise, clear, timely, and complete† (p. 197). Guido (2010) lists the following guidelines for nurses to use to ensure documentation is complete and accurate (p. 197-209): 1. Make an entry for every observation. If documentation is absent, it can be assumed an observation did not take place. 2. Follow-up as needed. Evaluation and observations require follow up to ensure appropriate patient responses and optimal outcomes. . Read nurses notes prior to giving care. Reading nurses notes enable the nurse to know and understand patient diagnosis, response to treatment, and steps necessary to carry out the plan of care. 4. Always make an entry (even if it is late). Document immediately after the observation to reduce the risk of losing valuable information. A late entry is acceptable altho ugh risks omitting valuable information. Never document an event before it happens. 5. Use clear and objective language. Document using clear, objective, and definite terms to describe the observation. Vague terms lead to misinterpretation. 6. Be realistic and factual. It is important to document factual observations and assessments exactly as they happen. It is also recommended to document a realistic picture of the patient, especially if the patient is noncompliant with the plan of care. 7. Chart only one’s own observations. Charting observations of others is not accurate observations and can cause credibility of the nurse in question. 8. Chart all patient education 9. Correct chart errors. 10. Identify oneself after every entry. 11. Use standardized checklists or flow sheets. 2. Leave no room for liability. According to Guido (2010), â€Å"Understanding one’s ethics and values is the first step in understanding the ethics and values of others and in assuring the delivery of appropriate nursing care† (p. 4). Nurses and other healthcare providers face ethical issues daily. Together, law and ethics guide nursing practice to provide safe, effective care keeping patients free from harm. â€Å"Ethics are concerned with standards of behavior and the concept of right and wrong, over and above that which is legal in a given situation† (Judson Harrison, 2006, p. ). In addition, understanding law and ethics in nursing practice keeps nurses at their professional best and decreases the risk of legal litigation, such as the scenario described by the Neighborhood News. â€Å"Though malpractice is rare in the lives of individual healthcare professionals, the number of malpractice suits is on the rise† (Larson Elliott, 2010, p. 153). The nursing profession has more professional responsibility and accountability than any other time in the history of nursing. According to Weld and Garmon Bibb (2009), â€Å"nurses must confront the fact that they now owe a higher duty of care to their patients, and by extension, are more exposed to civil claims for negligence than ever before† (p. 2). Understanding ethical principles in nursing, importance of nursing documentation and how it relates to medical malpractice and negligence is imperative. References: Guido, G. W. (2010). Legal Ethical Issues in Nursing (5th ed. ). University of Phoenix eBook Collection database. Judson, K. , Harrison, C. (2006). Law Ethics for Medical Careers (5th ed. ). University of Phoenix eBook Collection database. Larson, K. , Elliott, R. (2010, March-April). The Emotional Impact of Malpractice. Nephrology Nursing Journal, 37(2), 153-156. Ebscohost. com. Prideaux, A. (2011). Issues in Nursing Documentation and Record Keeping Practice. British Journal of Nursing, 20(22), 1450-1454. Ebscohost. com The Neighborhood- Pearson Health Science. The Neighborhood News. Retrieved October 1, 2012, from http://pearsonneighborhood. ecollege. com/re/DotNextLaunch. asp? courseid=3609454 Weld, K. K. , Garmon Bibb, S. C. (2009, January-March). Concept Analysis: Malpractice and Modern-Day Nursing Practice. Nursing Forum, 44(1), 2-10. Ebscohost. com. Amputation Mishap In the following paragraphs, negligence, gross negligence, and malpractice are discussed and determine if the newspaper’s statement of negligence is correct. Ethical principles in nursing and nursing documentation regarding such issues are also discussed. Negligence and malpractice fall under the tort laws definition. According to Guido (2010), â€Å"Torts are civil wrongs, not based on contracts, but on personal transgressions in that the responsible person performed an action incorrectly or omitted a necessary action† (p. 92). Tort laws are based on fault and in a health-care setting, tort laws are the most common. To determine if the above scenario results in negligence, gross negligence, or medical malpractice, one must understand the definition of each. According to Guido (2010), negligence is a general term and â€Å"equates with carelessness, a deviation from the standard of care that a reasonable person would use in a particular set of circumstances† (p. 2). According to Judson and Harrison (2006), four key elements (four D’s), must be present to prove negligence (p. 101): 1. Duty: The person charged has a duty to provide care to the patient. Neighborhood Hospital and staff have a duty to provide a standard of care that a reasonable person would use in a particular set of circumstances. 2. Dereliction: The person charged breaches the duty of care to the patient. The operating room team failed to identify the correct leg for amputation prior to proceeding with the operation; therefore a breach of duty has occurred. 3. Direct cause: The breach of duty is a direct cause of injury to the patient. The wrong leg is amputated as a direct result of failure to identify the correct leg for amputation. As a direct result, the patient will become a double amputee once the correct leg is amputated. 4. Damages: A recognizable injury to the patient is present. In this case, the wrong leg was amputated deeming a recognizable injury. Using the above criteria, negligence is present in this case scenario. Gross negligence occurs when medical practitioners perform an intentional act regardless of the negative, anticipated consequences. In this scenario, the patient must prove the medical staff at Neighborhood Hospital intentionally amputated the wrong leg. The medical staff at Neighborhood Hospital did not intentionally amputate the wrong leg, therefore ruling out gross negligence. According to Guido (2010), medical malpractice is â€Å"the failure of a professional person to act in accordance with the prevailing professional standards or failure to foresee consequences that a professional person, having the necessary skills and education, should foresee† (p. 93). Guido further states the difference between negligence and malpractice is licensure. If the act is by a non-professional person, it is negligence. If the act is by a professional person, it is malpractice. Six elements must be present to prove malpractice (Guido, 2010, p. 93): 1. Duty owed to the patient Neighborhood Hospital and staff have a duty to provide a standard of care that a reasonable person would use in a particular set of circumstances. 2. Breach of the duty owed to the patient. The operating room team failed to identify the correct leg for amputation prior to proceeding with the operation; therefore a breach of duty has occurred. 3. Foreseeability. The omission of identifying the correct leg for amputation prior to surgery. 4. Causation: breach of duty owed caused injury. The wrong leg is amputated as a direct result of failure to identify the correct leg for amputation. As a direct result, the patient will become a double amputee once the correct leg is amputated. 5. Injury. In this case, the wrong leg was amputated deeming a recognizable injury. 6. Damages. The amputated leg cannot be replaced; therefore the patient is entitled to compensatory damages regarding pain and suffering, permanent disability, disfigurement, emotional damages as well as financial loss and medical expenses. In this scenario, all six elements to prove malpractice are present. The negligence is by licensed personnel in a hospital setting. Using the definitions and criteria above, the newspaper incorrectly defines the mishap as negligence. The correct term to use in this case is professional negligence or malpractice. Nursing documentation should be reflective of the patient’s hospital stay. This includes identifying and addressing patient needs, assessments, problems, limitations, and responses to nursing interventions. According to Guido (2010), â€Å"Documentation must show continuity of care, interventions that were implemented, and patient responses to the therapies implemented. Nurses’ notes are to be concise, clear, timely, and complete† (p. 197). Guido (2010) lists the following guidelines for nurses to use to ensure documentation is complete and accurate (p. 197-209): 1. Make an entry for every observation. If documentation is absent, it can be assumed an observation did not take place. 2. Follow-up as needed. Evaluation and observations require follow up to ensure appropriate patient responses and optimal outcomes. . Read nurses notes prior to giving care. Reading nurses notes enable the nurse to know and understand patient diagnosis, response to treatment, and steps necessary to carry out the plan of care. 4. Always make an entry (even if it is late). Document immediately after the observation to reduce the risk of losing valuable information. A late entry is acceptable altho ugh risks omitting valuable information. Never document an event before it happens. 5. Use clear and objective language. Document using clear, objective, and definite terms to describe the observation. Vague terms lead to misinterpretation. 6. Be realistic and factual. It is important to document factual observations and assessments exactly as they happen. It is also recommended to document a realistic picture of the patient, especially if the patient is noncompliant with the plan of care. 7. Chart only one’s own observations. Charting observations of others is not accurate observations and can cause credibility of the nurse in question. 8. Chart all patient education 9. Correct chart errors. 10. Identify oneself after every entry. 11. Use standardized checklists or flow sheets. 2. Leave no room for liability. According to Guido (2010), â€Å"Understanding one’s ethics and values is the first step in understanding the ethics and values of others and in assuring the delivery of appropriate nursing care† (p. 4). Nurses and other healthcare providers face ethical issues daily. Together, law and ethics guide nursing practice to provide safe, effective care keeping patients free from harm. â€Å"Ethics are concerned with standards of behavior and the concept of right and wrong, over and above that which is legal in a given situation† (Judson Harrison, 2006, p. ). In addition, understanding law and ethics in nursing practice keeps nurses at their professional best and decreases the risk of legal litigation, such as the scenario described by the Neighborhood News. â€Å"Though malpractice is rare in the lives of individual healthcare professionals, the number of malpractice suits is on the rise† (Larson Elliott, 2010, p. 153). The nursing profession has more professional responsibility and accountability than any other time in the history of nursing. According to Weld and Garmon Bibb (2009), â€Å"nurses must confront the fact that they now owe a higher duty of care to their patients, and by extension, are more exposed to civil claims for negligence than ever before† (p. 2). Understanding ethical principles in nursing, importance of nursing documentation and how it relates to medical malpractice and negligence is imperative. References: Guido, G. W. (2010). Legal Ethical Issues in Nursing (5th ed. ). University of Phoenix eBook Collection database. Judson, K. , Harrison, C. (2006). Law Ethics for Medical Careers (5th ed. ). University of Phoenix eBook Collection database. Larson, K. , Elliott, R. (2010, March-April). The Emotional Impact of Malpractice. Nephrology Nursing Journal, 37(2), 153-156. Ebscohost. com. Prideaux, A. (2011). Issues in Nursing Documentation and Record Keeping Practice. British Journal of Nursing, 20(22), 1450-1454. Ebscohost. com The Neighborhood- Pearson Health Science. The Neighborhood News. Retrieved October 1, 2012, from http://pearsonneighborhood. ecollege. com/re/DotNextLaunch. asp? courseid=3609454 Weld, K. K. , Garmon Bibb, S. C. (2009, January-March). Concept Analysis: Malpractice and Modern-Day Nursing Practice. Nursing Forum, 44(1), 2-10. Ebscohost. com.